CERTIFICATE COURSE ON LEGAL PROVISIONS FOR THE

PROTECTION OF WOMEN

Other Exclusive Statutory Laws

Child
Marriage Maternity
Benefit
Restraint Act
Act

Protection
Equal of Women
Remunera from
tion Act Domestic
Violence Act

Prevention of Immoral
Sexual
Traffic
Harrassment
of women at Prevention
workplace Act

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 1|Page
CHILD MARRIAGE RESTRAINT ACT and PROHIBITION OF CHILD
MARRIAGE ACT

The Child Marriage Restraint Act 1929 had fixed the age of marriage for girls at 14 years and
boys at 18 years which was later amended to 18 for girls and 21 for boys. The Child Marriage
Restraint Act was an attempt to prohibit child marriages and a result of social reforms taking
place in the nation. The act prescribes punishment for a male who enters into child marriage
and all those who perform or conduct the child marriage.
Here, it is pertinent to note that the Hindu Marriage Act does not discuss about the
consequences of a child marriage and neither makes it punishable. Section 5 of the act merely
prescribes that for solemnization of marriage, the female must be atleast 18 and the male
must be atleast 21.

It is the Prohibition of Child Marriage act which makes a child marriage voidable at the
option of contracting party being a child as per Section 3.

Section 4 prescribes for maintenance for a female contracting party to a child marriage. The
act prescribes punishment upto 2 years and fine of upto 1 lakh in case of a child marriage.

MATERNITY BENEFIT ACT

The Maternity Bill 2017 of Maternity Benefit Act, 1961 was passed in Rajya Sabha on
11/08/2016 in Lok Sabha on 09/03/2017 and was received an assent from President of India
on 27/03/2017. The Maternity Benefit Act, aims to regulate of employment of women
employees in certain establishments for certain period before and after child birth and
provides for maternity and certain other benefits. However, the Act does not apply to any
such factory/other establishment to which the provisions of the Employees State Insurance
Act are applicable for the time being.

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 2|Page
According to the act maternity benefit means every woman shall be entitled to, and her
employer shall be liable for, the payment of maternity benefit, which is the amount payable to
women at the ratio of the regular daily wage for the period of her actual absence. In the Act
any woman shall be entitled to maternity benefit 12 weeks in all whether used before or after
childbirth. However she cannot take more than six weeks before her expected delivery.
Previous to the amendment of 1989, a woman employee was not benefited of the six weeks
leave preceding the date of her delivery, she was entitled to only six weeks leave following
the day of her delivery. However, by the above amendment the position has now been
changed. At this instance, if a an employee does not benefit of six weeks leave prior to the
date of her delivery, she would be benefited of that leave after her delivery, provided the total
leave period, i.e. preceding and following the day of her delivery does not exceed 12 weeks.

According to the maternity benefit act every employee, whether employed through a
contractor or directly, who has actually worked in the organization for a period of at least 80
days during the 12 months immediately previous the date of her expected delivery, the
women is entitled to receive maternity benefits provided in act. In favour of conniving the
number of days on which a woman has actually worked during the previous 12 months, the
days on which she has been laid off or was on holidays with wages shall also be counted.
There is neither any restriction as regards to the type of work a woman is engaged in nor
there is a wage maximum for coverage under the Maternity Benefit Act

Thus, The Maternity Benefit Act not only talks about the benefit of women but also the
penalties for those who violate the rules in the act. For failure to pay maternity benefit as
provided for under this Act is penalty fine upto Rs. 5000 and imprisonment up to 1 year. For
dismissal or discharge of a woman as provided for under the Act, the penalty is imprisonment
upto one year and fine upto Rs. 5000.

EQUAL REMUNERATION ACT

The Equal Remuneration Act is an act to provide for the payment of equal pay to men and
women and for the prevention of gender-based discrimination against women in employment

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 3|Page
and related or incidental matters. The principle of equal work for men and women is
increasingly accepted around the world. In many countries, laws have been passed
prohibiting discrimination between men and women in the payment of wages for similar
work. Article 39 of the Constitution provides that the State must direct its policy, inter alia,
towards guaranteeing equal pay for equal work for men and women.

According to the law, the term "remuneration" means "the basic salary or any other additional
salary, payable in cash or in kind, to a person employed by reason of employment or work
performed in that employment, if the terms of the work contract, whether explicit or implicit,
has been fulfilled.

No employer shall pay to a worker, employed by him in an employment, remuneration, , at

less favourable rates than those to which he pays remuneration to the opposite sex under
these conditions establishment or employment to perform the same work or work of the same
nature.

No employer for the purpose of complying with the Equal Pay Act can reduce the rate or pay
of any worker.

In addition, no employer recruiting for the same or similar work may discriminate against
women unless the employment of women in such work is prohibited or restricted by
applicable law.

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT

Domestic violence includes harming or injuring a woman in a domestic relationship; be it

1) Physical abuse
2) Sexual abuse
3) Verbal and emotional abuse
4) Economic abuse

It is pertinent to note that,

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 4|Page
 1) Only a female can be a victim
2) Adult males who have been in domestic relationship with the aggrieved woman, and
make and female relatives of the husband/male partner can be made respondent
3) Live-in relationships are also protected

What remedies can one avail of?

1) Inform the Protection Officer

2) File an application and make use of government official’s duties towards her
3) Make use of shelter homes, medical facilities and counselling if necessary

Rights to the aggrieved under the Act:

1) Right to reside in the shared household

2) Protection orders issued to the respondent, for the victim’s safety
3) Monetary relief
4) Full custody of children may be given to the victim
5) Penalty to respondent for not following orders
6) Penalty to Protection Officer for not taking action

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(Prevention, Prohibition and Redressal) ACT

Sexual harassment has been identified as a difficult term to define because it involves a range
of behaviours. Efforts have been made at the national and international levels to define this
term effectively. Often the term is subject to different interpretations. Some believe that it is
better not to mingle with female colleagues so as not to get caught up in a complaint of sexual
harassment. The reality of incidents of sexual harassment in the workplace is that there is
more to worry about under-reporting than abusing the law.
Legal Provisions for Protection of Women (Module 3)
The LAW Learners 5|Page
Some examples of Sexual Harassment are -

1) Actual or attempted rape or sexual assault.

2) Unwanted deliberate touching, leaning over, cornering or pinching.
3) Unwanted sexual teasing, jokes, remarks or questions.
4) Whistling at someone.
5) Kissing sounds, howling and smacking lips.
6) Touching an employee’s clothing, hair or body.
7) Touching or rubbing oneself sexually around another person.

In 1997, in the landmark judgment of Vishaka and others v. State of Rajasthan, the Supreme
Court of India defined sexual harassment in the workplace, pronounced preventive,
prohibitive and remedial measures and gave proposed guidelines

Sexual harassment in the workplace is a universal problem in the world be it a developed

nation or a developing nation or an underdeveloped nation, atrocities and cruelties to women
are common everywhere.

IMMORAL TRAFFIC (PREVENTION) ACT

The Immoral Traffic (Prevention) Act, 1956 is the Indian legislation enacted in pursuance
of the International Convention signed at New York on the 9th day of May, 1950, for the
prevention of immoral traffic. The intention of the Act is to combat human trafficking and
sexual exploitation for commercial purposes.

The Act provides detailed provisions in relation to the offences of prostitution, pimping,
trafficking, sexual exploitation of women and children, and constitutes authorities at
State and Centre to combat the same.

Here are some key provisions of the Act:-

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 6|Page
 ● The Act penalises, under section 3, a person of keeping, managing and or, or
leasing property for the functioning of a brothel.
● Additionally, section 4 also punishes the people, above the age of eighteen,
for knowingly living off the money earned by prostitution.
● While prostitution is not an offence, practicing it in a brothel or within two
hundred metres of any public place is illegal.
● The Act enlists the process and the bodies responsible for curbing sexual
exploitation for commercial purposes, including pimping and recruiting. It also
provides for Special Police Officers and Protective Homes under sections 13 and
21 respectively.

● All offences listed in the Act would be tried in camera, i.e., the public would
be excluded from attending the trial.
● Trafficking in persons added to the offences listed in the Money Laundering
Act, 2002.

It is to be noted that, penalising the persons who visit a brothel for such services will only
drive this sector underground, cutting it off from all legal channels. Moreover, it is difficult
for a client to distinguish between a trafficked woman and a voluntary sex worker. The Act
requires more clarity on this issue and better methods to avoid trafficking.

DOWRY PROHIBITION ACT

Dowry was a social evil which had its roots deep in the Indian culture that awareness and
protests couldn’t remove it. Thus came the Dowry Prohibition Act, 1961 which turned out
to be a huge relief for many, many women in India.

In this Act, “dowry” is defined as ‘any property or valuable security given or agreed to
be given either directly or indirectly—

(a) by one party to a marriage to the other party to the marriage; or

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 7|Page
 (b) by the parents of either party to a marriage or by any other person, to either party to
the marriage or to any other person; at or before [or any time after the marriage] [in
connection with the marriage of the said parties, but does not include] dower or mahr in
the case of persons to whom the Muslim Personal Law (Shariat) applies.’

The Act penalises the giving, taking and demanding of dowry at any point before or after
the marriage under sections 3 and 4. Further, Section 4A also puts a ban on advertisements
extending the offer of dowry.
Section 8A talks about the burden of proof, which lies upon the person who took or
demanded dowry:

Where any person is prosecuted for taking or abetting the taking of any dowry under
section 3, or the demanding of dowry under section 4, the burden of proving that he had not
committed an offence under those sections shall be on him.

Dowry, and the demand for it, is further criminalised under Section 304B and 498A of the
Indian Penal Code, 1860.

Legal Provisions for Protection of Women (Module 3)

The LAW Learners 8|Page