Law Relating to Women and Children Questions 71 to 80

Q71. What is Maternity Benefit?

Maternity Benefit is a payment made to women who are on maternity leave from work. Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence. Every woman employee who may be employed directly or through any contractor and who has worked in an establishment for a period of at least 80 days during the 12 months immediately preceding the date of her expected delivery shall be entitled to for the benefits. 

Cash Benefits

• Leave with average pay for six weeks before the delivery.
• Leave with average pay for six weeks after the delivery.
• A medical bonus if the employer does not provide free medical care to the woman.
• An additional leave with pay up to one month if the woman shows proof of illness due to the pregnancy, delivery, miscarriage or premature birth.
• In case of miscarriage, six weeks leave with average pay from the date of miscarriage.

Non Cash Benefits/Privilege:

• Light work for ten weeks (six weeks plus one month) before the date of her expected delivery, if she asks for it.
• Two nursing breaks in the course of her daily work until the child is 15 months old.
• No discharge or dismissal while she is on maternity leave.
• No change to her disadvantage in any of the conditions of her employment while on maternity leave.
• Pregnant women discharged or dismissed may still claim maternity benefit from the employer.

In addition to the above the Act also makes provisions to undertake light work activities for pregnant women 10 weeks prior to her delivery also nursing breaks during daily work till the child attends age of 15 months

Q72. State any three functions of Human Rights Commission.

Section 12 of the Protection of Human Rights Act, 1993 deals with the functions of the National Human Rights Commission. According to this section the Commission shall perform all or any of the following functions:

• Inquire, Suo moto, or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation by a public servant;
• Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such Court;
• Visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the government.
• Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommended measures for their effective implementation.
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommended appropriate remedial measures.
• Study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• Undertake and promote research in the field of human rights.
• Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
• Encourage the efforts of non-governmental organisations and institutions working in the field of human rights.
• Such other functions as it may consider necessary for the promotion of human rights.

Q73. Write short note on ‘Reservation of seats for women in Panchayat’

Decentralising power at the grassroots; level was on the national agenda for many years. It became a reality through the 73rd and 74th amendments to the Constitution in April 1993. The 73rd amendment, among other things, handed over the reins of power to the people at the panchayat level with a 33 per cent reservation of certain seats and key positions within the panchayat to women. The amendment also made it mandatory for all states to hold gram panchayat and municipal elections and empowered these bodies to undertake development activities at the local level. Some states like Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Kerala, Maharashtra, Orissa, Rajasthan, Tripura and Uttarakhand had made legal provision for 50% reservation for women among members and Sarpanches.

Panchayat’, being “Local government”, is a State subject and part of State list of Seventh Schedule of Constitution of India. Clause (3) of Article 243D of the Constitution ensures participation of women in Panchayati Raj Institutions by mandating not less than one- third reservation for women out of total number of seats to be filled by direct election and number of offices of chairpersons of Panchayats.  Now that women’s participation in panchayats is slowly and surely making an impact on grassroots governance, it can be said that the foundations have been laid to extend this social revolution to all levels of decision – making. 

Q74. Explain aims and objectives of Dowry Prohibition Act.

Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

• by one party to a marriage to the other party to the marriage; or
• 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.

Objects of Dowry Prohibition Act:

• Dowry is an ancient system under which the parents of the bride pay the bridegroom and/or his parent money, goods or estate honouring the bridegroom’s willingness to accept the bride in the marriage. This system resulted in injustice to girls, mental torture of women, and an increase in number of divorces. In some cases, it resulted into death of women. To actively work for creating a dowry free society without adversely affecting the institution of marriage, family structure, and implication of innocents, the Dowry Prohibition Act, 1961 was enacted.
• The Dowry Prohibition Act, 1961 was enacted by the Parliament in 1961 with an objective to prohibit presenting, obtaining or demanding dowry by any means from either of the party to the marriage.

Q75. State the objects of Medical Termination of Pregnancy Act.

On the basis of the Shantilal committee report submitted in December 1966, a medical termination bill was introduced in both the Lok Sabha and Rajya Sabha and was passed by the parliament in 1971.  This Act is applicable to the whole of India. This Act has been in force with effect from 1^st April 1972. The act was further revised in the year 1975 to make it less complicated and more effective.

Objects of Medical Termination of Pregnancy Act, 1971:

There are situations in pregnancy, such that the life of the mother or the life of the child in the womb, is in danger. This Act has been enacted mainly with a view to save the life of the mother. Under this Act, the pregnancy of the mother can be terminated

• On medical grounds, like when the physical or mental health of the mother is at risk;
• On humanitarian grounds, like when there is a forced pregnancy because of rape;
• There is a possibility of the birth of a deformed child.

Q76. Explain Restrain of Child Marriage

Child Marriage Restrain Act, 1929:

According to the Act, “Child” means a person who, if a male, has not completed twenty-one year of age, and if a female, has not completed eighteen years of age. “Child marriage” means a marriage to which either of the contracting parties is a child.

• According to Section 3 of the Act,whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.
• According to Section 4 of the Act, whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.
• According to Section 5 of the Act, whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine unless he proves that he had reason to believe that the marriage was not a child-marriage.
• According to Section 6 of the Act, where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to three months and shall also be liable to fine.

Q77. Explain – Need for Uniform Civil Code.

Article 44 lays down that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.

Need of UCC:

• Protection to Vulnerable Section of Society: The UCC aims to provide protection to vulnerable sections as envisaged by Dr. B. R. Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
• Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
• Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
• Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.

Q78. Explain – Sexual Harassment of women at Workplace

Atrocities against women are common everywhere. Nowadays many women are working in different places of work. There are chances of sexual harassment at the workplace. Sexual harassment of women at a workplace is considered a violation of women’s right to equality, life, and liberty. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.

In the Vishaka v. State of Rajasthan, (1997) 6 SCC 241 case, the guidelines issued by a three-judge bench comprising of Chief Justice Verma, Justice Sujata V. Manohar and Justice B.N. Kripal widened the meaning and scope of sexual harassment. It defined sexual harassment as an unwanted sexual determination which is directly or impliedly intended to cause the following: 

1. Physical contact or advances.
2. A demand or request for sexual favours.
3. Sexually coloured remarks.
4. Showing pornography.
5. Any other unwelcome conduct whether it is physical, verbal or non-verbal. 

After 16 years of Vishakha case, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 was enacted with the objective to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment and for matter connected therewith or incidental thereto.  

Q79.  What is difference between dowry and stridhan?

Dowry is different from Stridhan in various ways, although both the concepts would come into the picture at the time of marriage. 

The term “Stridhan” literally means the “woman’s property”. According to the Smritika, the Stridhan constituted those properties which she received by way of gifts from her relatives, which included mostly movable property such as ornaments, jewellery, dresses. Sometimes even land or property or even houses were given as gifts. The purpose behind deeming properties as “Stridhan” was to ensure that “The woman” had full right over its disposal or alienation. On her death, all types of Stridhan, devolved upon her heirs. The Dowry Prohibition Act 1961 does not bar traditional giving of presents at or about the time of wedding.

Under the Dowry Prohibition Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—

• by one party to a marriage to the other party to the marriage; or
• 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.
• Dowry is an ancient system under which the parents of the bride pay the bridegroom and/or his parent money, goods or estate honouring the bridegroom’s willingness to accept the bride in the marriage. This system resulted in injustice to girls, mental torture of women, and an increase in number of divorces. In some cases, it resulted into death of women. Under the Dowry Prohibition Act, 1961, taking dowry is punishable offence.
• Shridhan is a gift from her relatives to the bride, while dowry is a demand of valuable property by relatives of the groom from relatives of the bride.

Q80. Name any three functions of the National Commission of Women

The Commission shall perform all or any of the following functions:

• Investigation and Examination: Investigate and examine all the matters relating to the safeguards provided for the women under the Constitution and other laws
• Presentation of Reports: Table reports to the Central Government, every year and at such other times as the Commission may deem fit, reports upon the working of those safeguards
• Recommendations: Make in such reports and recommendations for the effective accomplishment of those safeguards for enhancing the conditions of the women by the Union or any State.
• Review, every now and then, the current provisions of the Constitution and other laws distressing the women and prescribe alterations and suggest curative legislative measures meet any break, inadequacies, and incapacity in such legislation.
• Cases of Violation: Take up cases of infringement of the provisions of the Constitution and of other laws relating to the women with the relevant authorities
• Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters relating to – deprivation of women’s rights, Non-implementation of the laws, and Non-compliance of policy decisions guaranteeing the welfare for women society.