A simple machine is a mechanical device that makes our life easier. If a force is applied at one point, the simple machine transmits it to another point with a convenient change of magnitude and direction. In this article we shall study the terminology associated with the simple machines.
Types of Machine:
The basic machines are
Lever
Inclined plane
Pulley (Special case of levers)
Wheel and axle (Special case of levers)
Wedge (Special case of the inclined plane)
Screw (Special case of the inclined plane)
Gear
Functions of Simple Machine:
Applying force at a convenient point: Instead of applying force directly to the wheels of a bicycle, it is easier and more convenient to apply it to the pedals.
Applying force in a convenient direction: It is difficult to lift a bucket full of water directly, but the task becomes very easy if the force is applied in a downward direction using a pulley.
By applying small effort to lift large loads: In such case machine is said to be used as a force multiplier. e.g. a screw jack used to lift a car or a truck.
To change the speed of motion of a body: In such a case the machine is said to be used as a speed multiplier. e.g. Gears in an automobile are used to change the speed of the automobile.
Defining a Simple Machine:
Depending upon the above mentioned functions of simple machines we can define simple machine as follows: “A simple machine is a device by which we can either overcome a large resistive force (or load) at some point by applying a small force (or an effort) at convenient point and in a desired direction or by which we can obtain a gain in speed”.
Terminology:
Load (L):
A resistive force to be overcome by a machine is called a load. Its S.I. unit is newton (N)
Effort (E):
An external force applied to a simple machine to overcome a load is called an effort. Its S.I. unit is newton (N)
Load Point:
The point where the energy is obtained by overcoming the load, is called the load point.
Effort Point:
The point at which the energy is supplied to a machine by applying the effort, is called the effort point.
Mechanical Advantage (M.A.):
The ratio of load (L) to overcome to the magnitude of the effort (E) is called a mechanical advantage. It is also called as leverage.
As it is ratio of same type of physical quantities, the mechanical advantage is unit less and dimension less quantity.
If the effort needed is less than the load, the machine has mechanical advantage greater than 1. In such case the machine acts as a force multiplier.
If the effort needed is greater than the load, the machine has mechanical advantage less than 1. In such case the machine helps in gaining speed.
If the effort needed is equal to the load, the machine has mechanical advantage equal to 1. Generally, in such cases the machine is used to change the direction of the effort.
Velocity Ratio:
The ratio of a distance travelled by the effort to the distance travelled by the load in given time is called velocity ratio.
As it is ratio of same type of physical quantities, the velocity ratio is unit less and dimension less quantity.
If the distance travelled effort is more than the distance travelled by load, the machine has velocity ratio greater than 1. In such case the machine acts as a force multiplier.
If the distance travelled effort is less than the distance travelled by load, the machine has velocity ratio less than 1. In such case the machine helps in gaining speed.
If the distance travelled effort is equal to the distance travelled by load, the machine has velocity ratio equal to 1. Generally, in such cases the machine is used to change the direction of the effort.
Work Input:
The energy supplied to a machine is called work input. Its S.I. unit is joule (J).
Work Input = Effort (E) X Distance traveled by an effort (s)
Work Output:
The useful work done by a machine is called work output. Its S.I. unit is joule (J).
Work Output = Load (L) X Distance traveled by a load (l)
Efficiency:
The ratio of the useful work output to the actual work input of the machine is called efficiency.
For a machine, of a given design, the velocity ratio does not change, but due to friction and weight of the moving parts of machine mechanical advantage and the efficiency decrease.
Ideal Machine:
Ideal machine is that machine in which there is no loss of energy in any manner i.e. the work output is equal to the work input.
Thus, for ideal machine the mechanical advantage of the machine is equal to its velocity ratio and the efficiency of the machine is 100%. In practice there is no ideal machine because for every machine the output energy is always less than the input energy. Thus there is a loss of energy in using the machine.
Actual Machine:
Actual machine is a machine in which the output energy is always less than the input energy i.e. there is a loss of energy in using the machine.
Thus, for actual machine the efficiency is always less than 100%. Thus efficiency of machine is 80% means 20% of the input energy is lost in machine and only 80 % of input energy is converted into useful work.
The reasons for loss of energy in using the machine are as follows:
The friction between different moving parts in the machine,
The different parts of machine are not perfectly rigid,
The string used in machine is not perfectly elastic,
The different parts of machine have some weight (inertia), and
The different parts used in machine are not smooth
Principle of a Machine:
The work output of a machine is equal to the work input. In practice work output of machine is not equal to the work input. Work output of machine is always less than the work input.
Example – 01:
In a machine an effort of 100 N is applied to lift a load of 1000 N. What is its mechanical advantage?
GivenEffort = P = 100 N, Load = W = 1000 N
To Find: Mechanical Advantage = M.A. =?
Solution:
M.A. = W/P = 1000/100 = 10
Ans: Mechanical advantage is 10.
Example 02:
A machine has mechanical advantage 5. It raises a load of 25 N. Calculate the minimum effort required.
Given: Mechanical advantage = M.A. = 5, Load = W = 25 N
To Find: Effort = P =?
Solution:
M.A. = W/P
P = W/M.A. = 25/5 = 5 N
Ans: Efforts required = 5 N
Example – 03:
The mechanical advantage of a machine is 2. It is used to raise a load of 150 N. What effort is needed?
Given: Mechanical advantage = M.A. = 2, Load = W = 150 N
To Find: Effort = P =?
Solution:
M.A. = W/P
P = W/M.A. = 150/2 = 75 N
Ans: Efforts required = 75 N
Example 04:
The mechanical advantage of a machine is 5. How much load it can exert for the effort of 20 N?
Given: Mechanical advantage = M.A. = 5, Effort = P = 20 N
To Find: Load = W =?
Solution:
M.A. = W/P
W = M.A. x P. = 5 x 20 = 100 N
Ans: Load = 100 N
Example 05:
The efficiency of a machine is 50 %. If 300 J of energy given to the machine. What is its output?
Given: Efficiency of machine = 50%, Input energy = 300 J
Everybody has their own opinion and views, hence there may be a conflict of opinions. In today’s society, such conflicts are inevitable and a quick, easy, and strong mechanism for resolution of such conflicts at minimum cost is need of time. Such a mechanism reduces the burden on the judiciary. Arbitration, Mediation, Conciliation, Negotiations, Lok Adalats are some methods that can be used in such situations. These methods are collectively known as the Alternate Dispute Resolution (ADR) System. Arbitration is a procedure in which parties submit present or future disputes, to one or more arbitrators (arbitral tribunal) who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. The decision given by the arbitral tribunal is called an award. In this article, we shall study statutory arbitration in detail.
Different kinds of arbitrations are as follows:
Domestic Arbitration: Domestic arbitration is that type of arbitration, which happens in India, wherein both parties must be Indians and the conflict has to be decided in accordance with the substantive law of India.
International Arbitration: When arbitration happens within India or outside India containing elements which are foreign in origin in relation to the parties or the subject of the dispute, and the dispute is decided in accordance with substantive law in India or any other country, then it is called as International Arbitration.
Institutional Arbitration: When an arbitral Institution conducts arbitration in accordance with the prescribed rules of such institution, it is called Institutional Arbitration.
Ad-hoc Arbitration: If the parties agree among themselves and arrange for arbitration, it is called Ad-hoc Arbitration without having an institutional proceeding. It can either be domestic, international, or foreign arbitration.
Statutory Arbitration: It is mandatory arbitration, which is imposed on parties by the operation of law. There are many central and State Acts which make arbitration mandatory.
Fast Track Arbitration: Fast track arbitration is a method, which is time-dependent in the provision of the arbitration and conciliation act. Its procedure is established in a way that it has abandoned all the methods, which consume time.
Statutory Arbitration:
Generally, arbitration flows from an arbitration clause or arbitration agreement entered by two or more parties. Thus, arbitration is an act of parties. Parties decide themselves the arbitral tribunal, the procedure, the place, the language of procedure, etc. Thus, the process of arbitration is voluntary and solely depends on the existence of the arbitration clause or the arbitration agreement. But there are certain statutes, which provide statutory arbitration which is compulsory or mandatory under those statutes. The Electricity Supply Act, 1948, for example, provides for disposal by arbitration the disputes that may arise about its provisions.
“Statutory Arbitrations” are arbitrations conducted in accordance with the provisions of certain special Acts which provide for arbitration in respect of disputes arising on matters covered by those Acts.
Section 2(4) of the Arbitration and Conciliation Act, 1996, lays down that Part I of the Act except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as the provisions of this Part are inconsistent with that other enactment or with any rules made thereunder.
Government contracts generally provide for compulsory arbitration in respect of disputes arising thereunder and usually the arbitrator appointed to decide such disputes are senior government officials. A large number of public sector undertakings also follow a similar procedure. There is also the Government of India’s Scheme, evolved on the directions of the Supreme Court, with regard to the settlement of disputes between one Government Department and another and one Government Department and a public enterprise and between public enterprises themselves. This Scheme provides for the constitution of a standing committee of senior officers who ensure that no litigation involving such disputes is taken up in a court or tribunal without the matter having been having first examined by the said committee and the committee’s clearance on litigation is obtained. The Ministries concerned in specific cases are also represented in the said committee. The committee assesses the reasonableness of the rival stands before it decides. This procedure has helped in an amicable settlement of a large number of disputes which would have otherwise ended in litigation.
There is also permanent machinery of arbitrators constituted by the Government of India to settle all current and future commercial disputes between public sector undertakings inter se as well as between a public sector undertaking and a Government Department. The award of the arbitration in such a dispute is binding on the parties to the dispute. Any party aggrieved by the award may make a reference for setting aside or revision of the award to the secretary, Minister of Law, Justice and Company Affairs, Government of India, whose decision binds the parties finally and conclusively.
Some acts which provide for statutory arbitration or conciliation are as follows:
The Industrial Disputes Act, 1947 (Ss. 4, 5, and 12)
The Bombay Industrial Relations Act, 1946 (Ss. 6 and 7(1))
The Hindu Marriage Act, 1955 (S. 23(2))
The Family Courts Act, 1984 (S. 9)
The Code of Civil Procedure, 1908 (O. 23 r. 3, O. 27 r. 5b, Ss. 80, 89(1) and 107(2))
The Land acquisition Act, 1894 (Ss. 11, 12, 18 and 26)
The Presidency Towns Insolvency Act, 1907 (S. 68(h))
The Indian Trusts Act, 1882 (S. 48)
The Indian Electricity Act, 1910 (S. 52)
The Indian Railways Act, 1890 (Ss. 46 and 48)
Distinction Between Ordinary Arbitration and Statutory Arbitration:
Ordinary Arbitration
Statutory Arbitration
Ordinary arbitration flows from an arbitration clause or arbitration agreement entered by two or more parties.
“Statutory Arbitrations” are arbitrations conducted in accordance with the provisions of certain special Acts which provide for arbitration in respect of disputes arising on matters covered by those Acts.
For this type of arbitration, an arbitration clause or an arbitration agreement must exist.
The statutory provisions initiate the course of the arbitration
It is voluntary
It is mandatory
Proceedings in ordinary arbitration are due to the meeting of the minds of the parties in dispute.
Proceedings in statutory arbitration are a creation of parliament
It is linked with International Laws and Conventions
It is closely linked to the domestic provisions of each individual legal system.
Conclusion:
Strictly speaking, statutory arbitrations are not arbitrations, but they arise out of some provisions of the statutes. These provisions direct the parties to refer to the matter to arbitration. Thus this direction can be called as a statutory reference and the proceeding itself is a statutory arbitration. Provisions of the Arbitration and Conciliation Act, 1996 are applicable to this arbitration.
The United Nations defined the term “violence against women” in a 1993 Declaration as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”. Having included domestic violence as a form of violence against women, the United Nations further explained that: The term ‘domestic violence’ is used to describe actions and omissions that occur in varying relationships. The term is used narrowly to cover incidents of physical attack, when it may take the form of physical and sexual violations. The result of such physical violence can range from bruising to killing; what may often start out as apparently minor attacks can escalate both in intensity and frequency. ‘Domestic Violence’ also includes psychological or mental violence, which can consist of repeated verbal abuse, harassment, confinement and deprivation of physical, financial and personal resources. In this article we shall study important provisions of the Protection of Women from Domestic Violence Act, 2005.
It is a harsh reality that women have been ill-treated in every society for ages and India is no exception. The irony lies in fact that in our country where women are worshiped as shakti, the atrocities are committed against her in all sections of life. She is being looked down as commodity or as a slave, she is not only robbed of her dignity and pride outside her house but she also faces ill-treatment and other atrocities within the four walls of her house. Due to that women are the real downtrodden of the society. They are discriminated at two levels, firstly they suffer because of their gender and secondly due to grinding poverty.
Objects of the Protection of Women from Domestic Violence Act, 2005:
The preamble of the Act indicates the main object of the Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto.
Thus the Protection Of Women From Domestic Violence Act, 2005 is enacted to provide for more effective protection of rights of women guaranteed under the Constitution who are victims of violence occurs within family. It is enacted to provide speedy remedies to women who are subjected to domestic violence. It is a gender specific enactment. It recognizes woman’s right to reside in violence free environment, both in her parental & matrimonial home.
Important Definitions:
According to Section 2(b) of the Act, “child” means any person below the age of eighteen years and includes any adopted, step or foster child.
According to Section 2(e) of the Act, “domestic incident report” means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person
According to Section 2(o) of the Act, “protection order” means an order made in terms of section 18.
According to Section 2(p) of the Act, “residence order” means an order granted in terms of sub-section (1) of section 19.
Aggrieved Person:
According to Section 2(a) of the Act, “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.
According to Section 2(f) of the Act, “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
According to Section 2(s) of the Act, “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a house hold whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
Under this Act, “ Aggrieved person” means any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. The expression domestic relationship means a relationship between two persons who live or have, at any point of time, live together in a shared household. When they are related by consanguinity, marriage or through the relationship in the nature of marriage, adoption or a member of family living together as joint family. Even those women who are sisters, widows mothers, single woman or living with the abuser are entitled to legal protection. Any widow or unmarried sister or daughter who is harassed within the home can also resort to the law. The law also protects women in fraudulent or bigamous marriages, or in marriages deemed invalid in law. The Act enable the wife or the female living in the relationship in the nature of marriage to file complaint against any relative of the husband. Thus, if a woman is living with a man who abuses her, she can take recourse to the provisions of this law even though she is not married to him. Even women in past relationship like widow is also entitled to relief under this Act.
In M.Palani v Meennakshi 2008 (65) AIC 686 case, the Court held that “Provision does not say that for constitute domestic relationship, it is necessary that woman should live together for particular period.”
In D. Veluswamy Vs. D. Patchaiammal, (2010) 10 SCC 469 case, while dealing with the scope of the expression “domestic relationship” under the DV Act, the Hon’ble Apex Court considered the question as to what is the meaning of the expression “a relationship in the nature of marriage”, which is not defined under the Act. The Hon’ble Apex Court held that to get the benefit of DV Act, all “live-in” relationships will not amount to a “relationship in the nature of marriage” . To get such benefit following conditions must be satisfied:
The couple must hold themselves out to society as being akin to spouses;
They must be of legal age to marry;
They must be otherwise qualified to enter into a legal marriage, including being unmarried;
They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time; and
They must have lived together in a ‘shared household’ as defined under section 2(s) of the Act.
In Deepak v. The State of Maharashtra MANU/MH/1726/2015 case the core issue before court below was as to whether the applicant and respondent no. 2 had lived together for reasonably long period of time in a relationship which was in the nature of marriage. The point was answered in the affirmative. It is observed that Respondent no. 2 knew that applicant was a married person and he had children from his wife and that applicant has been staying with his wife. Despite that she had maintained relationship with the applicant said relationship cannot be relationship in the nature of marriage. Therefore, it cannot be said that Respondent no. 2 was aggrieved person within the meaning of section 2(a) of the Act. She was obviously therefore not entitled for any relief under The Protection of Women from Domestic Violence Act, 2005.
Respondent:
According to Section 2(q) of the Act, “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
The word “Respondent” means any adult male person, who is or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under the act provided that an aggrieved wife or female living in a relationship in a nature or marriage may also file a complaint under the act against the relative or male person.
In Sandhya Wankhede v. Manoj Wankhede, 2011 ALL M R (Cri.) 975 (SC) case, it is held that respondent includes female relatives of husband also. Same view was taken in Jaydeep Singh v. State of Gujarat, 2010 Cri.L.J. 2462 and also in Archana Naik v. Urmilaben, 2010 Cri.L.J. 751. So aggrieved woman can file complaint against her mother-in-law or sister-in-law also under D.V. Act.
Domestic Violence Defined:
Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines the term ‘Domestic Violence’ as follows:
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested;
(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
The expression “Domestic Violence” has been defined in see 3 of the Act. It is very comprehensive. It embraces wide range of wrongs. Roughly it includes physical injury, mental harm, sexual harassment, economic exploitation, emotional abuse and many acts of commissions and omissions rooted in gender discrimination, inequality, subordination and injustice. This Act elaborately describes following concepts:
Physical Violence:
Physical violence is the intentional use of physical force with the potential for causing injury, harm, disability, or death. It includes hitting, slapping, beating, arm-twisting, stabbing, strangling, burning, choking, kicking, shaking, pushing, pulling, punching, scratching, pinching, hair pulling, shooting, drowning, burning, and threats with an object or weapon, and murder.
physical violence also includes female foeticide and female infanticide, incest rape within marriage, connivance, and collusion of family members for sexual abuse of women in the household; burdening of women with drudgery, neglect of women’s health problems, trapping woman in a room, denying the victim of medical care when needed, depriving the victim of sleep or other functions necessary to live, or forcing the victim to engage in drug/alcohol use against her will. It also includes inflicting physical injury onto other targets, such as children or pets, in order to cause psychological harm to the victim.
Verbal Abuse:
Verbal abuse (also verbal attack or verbal assault) is the act of forcefully criticizing, insulting, or denouncing another person. Verbal abuse includes name calling (‘ugly’, ‘bitch’, ‘whore’, or ‘stupid’), yelling, screaming, rampaging, terrorizing, cursing, criticizing, ridiculing and insulting the wife which results in mental pain. It also includes use of abusive language to denigrate, embarrass or threaten victim and refusing to talk.
Emotional Abuse:
Emotional abuse is a way to control another person by using emotions to criticize, embarrass, shame, blame, or otherwise manipulate another person. It is one of the hardest form of abuse to recognize. It includes insulting or criticizing to undermine the victim’s self-confidence. This includes public humiliation, as well as actual or threatened rejection. It also includes threats of abandonment or abuse, confinement to the home, surveillance, threats to take away custody of the children, destruction of objects, isolation, verbal aggression and constant humiliation, threat to kill or abandon victim, children, curbing the freedom to associate with the natal family, neighbours, and friends, curtailment of right to self-expression, irresponsible behaviour and alcoholism of the husband, consistently disregarding, ignoring, or neglecting the victim’s requests and needs, forcing the victim to take drugs or alcohol, not allowing the victim to practice their religious beliefs.
Sexual Abuse:
Sexual abuse is using sex in an exploitative fashion or forcing sex on another person. Sexual abuse includes coerced sex through threats, intimidation or physical force, forcing unwanted sexual acts or forcing sex with others, Laughing or making fun of another’s sexuality or body, making offensive statements, insulting, or name-calling in relation to the victim’s sexual preferences/behaviour, having affairs with other people and using that information to taunt the victim, making abusive sexual contact.
Economic Abuse:
Economic abuse is a way to control the victim through the manipulation of economic resources. Economic abuse is when the abuser has complete control over the victim’s money and other economic resources. Usually, this involves putting the victim on a strict ‘allowance’, withholding money at will and forcing the victim to beg for the money until the abuser gives them some money, spending money for necessities (food, rent, utilities) on nonessential items (drugs, alcohol, hobbies.), withholding of physical needs including interruption of sleep or meals, denying money, food, transportation, or help if sick or injured, locking victim into or out of the house, refusing to give or rationing necessities.
Duties of Police Officer, Protection Officer, Service Provider And The Magistrate:
Under Section 5 the duties of police officer, Protection officer, service provider and the Magistrate to inform the aggrieved person
of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;
of the availability of services of service providers;
of the availability of services of the Protection Officers;
of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860), wherever relevant:
Protection Officer:
According to Section 2(n) of the Act, “Protection Officer” means an officer appointed by the State Government under sub-section (1) of section 8 of the Act.
According to Section 4 of the Act, any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer. No liability, civil or criminal, shall be incurred by any person for giving in good faith of information for the purpose of sub-section (1).
Duties and Functions of Protection Officer:
to assist the Magistrate in the discharge of his functions under this Act;
to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;
to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made;
to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;
to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated;
to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place;
to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
to perform such other duties as may be prescribed. (2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act.
Procedure of Obtaining Order or Relief:
An aggrieved woman or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act, who shall fix the first date of hearing of the application ordinarily within three days of its receipt and shall be endeavor to dispose of every application within sixty days of the first hearing (Section 12 of the said Act). This is to because of the urgency with which the proceedings under the Act are expected to be concluded in an expeditious manner. These are two unique & vital procedural provisions of this Act. The Magistrate may at any stage of the proceedings, direct the parties, either singly or jointly, to undergo counseling with any members of the Service Provider so qualified and experienced. The member of service provider providing the counseling shall possess such qualification and experience as may be laid down by the Central Government or rules, where any counseling has been ordered under this clause, the Magistrate shall fix the next date of hearing of the case within the period not exceeding two months. As per G.R. dt. 30.10.2007 the State Government has appointed its service provider to provide following types of counsellings. (1) Psychiatric counselling of the aggrieved person (2) Family Counselling (3) Counselling for group of people who are victims of Domestic Violence & Family Disputes. The Magistrate may secure the services of a person, preferably a woman, engaged in promoting family welfare for the purposes of assisting the Court in discharge of its functions (Section 14 of the said Act). The proceedings may be held in camera if either party so desires. The Magistrate, under the Act is empowered to pass Protection Order, Residence Order. Monetary Relief, Custody orders compensation orders, interim or ex-parte orders. As per Rule 15(6) of Rules, the summary trial procedure should be followed. Under section 25 the magistrate may alter, modify, or revoke any order passed by him on the receipt of application of aggrieved person or the respondent. Under Section 28 the Court can lay down its own procedure for disposal of application for any relief or for ex-parte order. Under Section 24 of the Act Court can supply copies of order passed free of charge to the parties to the application, to concerned police officer and the service providers.
Conclusion:
For centuries, domestic violence has been perceived as a part of the normative structure in patriarchal societies. Women have been victims of abuse by their spouses and often by members of their family. Violence to wives is found in all societies and across all economic and age groups. It seems indeed a great pity that despite the proliferation of education, the growing emancipation of women, and revolutionary changes in people’s attitude towards the institution of family in this century all over the world, domestic violence persists and is still tolerated. Women form the largest group of victims. However, men, children, and elderly people can also be victims of domestic violence. Domestic violence occurs at all levels in society and in all population groups. Abuse is usually deliberate, but not always. The solutions to the problem are often far from obvious and policies that seem at first sight to be attractive may not always be very effective. For example, an obvious solution towards empowering women is increasing their labour force participation which is expected to enhance their bargaining power at home leading to lower domestic violence. However, it could also lead to greater exposure to other types of crimes outside the home, e.g. at workplaces or while traveling to work. Hence solution should be found with the judicious mix.
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. Sexual harassment at the workplace is a widespread problem in the world whether it be a developed nation or a developing nation or an underdeveloped nation.
Historical Background:
Before the Vishakha guidelines came into the picture, the women had to take the matter of Sexual Harassment at Workplace by lodging a complaint under Sec 354 and 509 of IPC.
Bhanwari Devi, a social worker in a programme to stop child marriages, stopped a child marriage that was taking place in an influential Gujjar family. To take revenge one Ramakant Gujjar along with five of his men gang-raped Bhanwari Devi in a brutal manner in front of her husband. Her attempt to file a police case was met with apathy and she faced further stigma and cruelty. The trial court acquitted the accused citing lack of evidence but Bhanwari Devi, along with a sympathizer (Association known as Vishaka), approached the Supreme Court by way of a writ petition which eventually led to a very important and landmark judgment.
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:
Physical contact or advances.
A demand or request for sexual favours.
Sexually coloured remarks.
Showing pornography.
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. The provisions of the Act came into force from 9th Dec 2013. It extends to the whole of India.
In Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625 case, the respondent was working as a Private Secretary to the Chairman of the Apparel Export Promotion Council. It was alleged that he tried to molest a woman employee of the Council Miss X who was at the relevant, time working as a Clerk-cum-Typist in the office. The respondent had tried to molest her physically in the lift also while coming to the basement. The Court held that sexual harassment is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such conduct by the female employee was capable of being used for effecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile working environment for her.
Object of the Act:
to provide protection against sexual harassment of women at the workplace and for the prevention
to redress complaints of sexual harassment and for matter connected therewith or incidental thereto.
Important Definitions:
Aggrieved Woman:
According to Section 2(a) of the Act, “aggrieved woman” means—
in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent;
in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place or house.
Domestic Worker:
According to Section 2(e) of the Act, “domestic worker” means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part-time or full-time basis, but does not include any member of the family of the employer.
Employee:
According to Section 2(f) of the Act, “employee” means a person employed at a workplace for any work on a regular, temporary, ad hoc, or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.
Employer:
According to Section 2(f) of the Act, “employer” means—
in relation to any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organization, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf;
in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace. Explanation. —For the purposes of this sub-clause “management” includes the person or board or committee responsible for formulation and administration of policies for such organization;
in relation to workplace covered under sub-clause (i) and (ii), the person discharging contractual obligations with respect to his or her employees;
in relation to a dwelling place or house, a person or a household who employs or benefits from the employment of a domestic worker, irrespective of the number, time period, or type of such worker employed, or the nature of the employment or activities performed by the domestic worker;
Internal Committee:
According to Section 2(h) of the Act, “Internal Committee” means an Internal Complaints Committee constituted under section 4 of the Act.
Local Committee:
According to Section 2(i) of the Act, “Local Committee” means the Local Complaints Committee constituted under section 6 of the Act.
Respondent:
According to Section 2(m) of the Act, “respondent’ means a person against whom the aggrieved woman has made a complaint under section 9 of the Act.
Work Place:
According to Section 2(0) of the Act, “workplace” includes—
any department, organization, undertaking, establishment, enterprise, institution, office, branch, or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a government company or a corporation or a co-operative society;
any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
hospitals or nursing homes;
any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
a dwelling place or a house;
Sexual Harassment:
According to Section 2(m) of the Act, “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—
physical contact and advances; or
a demand or request for sexual favours; or
making sexually coloured remarks; or
showing pornography; or
any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
According to Section 3 of the Act: The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:
implied or explicit promise of preferential treatment in her employment; or
implied or explicit threat of detrimental treatment in her employment; or
implied or explicit threat about her present or future employment status; or
interference with her work or creating an intimidating or offensive or hostile work environment for her; or
humiliating treatment likely to affect her health or safety.
Internal Complaints Committee:
According to Section 2(h) of the the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, “Internal Committee” means an Internal Complaints Committee constituted under section 4 of the Act.
Section 4 of Chapter II of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with the Internal Complaints Committee. To look after problems related to harassment of women at the workplace, every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee at different levels and offices of the organization.
The Internal Committees shall consist of a Presiding Officer who shall be a woman preferably employed at a senior level at the workplace from amongst the employees. Not less than two Members of the committee from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge. One member from amongst non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment. At least one-half of the total Members so nominated shall be women.
The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
Removal of Presiding Officer or Member of Internal Complaints Committee:
Presiding Officer or Member of Internal Complaints Committee, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section in following circumstances
contravenes the provisions of section 16; or
has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
has so abused his position as to render his continuance in office prejudicial to the public interest.
Local Committee:
According to Section 2(i) of the Act, “Local Committee” means the Local Complaints Committee constituted under section 6 of the Act. Sections 5 to 8 of Chapter III of the Act, deals with the Local Committee.
Section 5 of the Act deals with the notification of the district officer. According to Section 5 of the Act, the appropriate Government may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act.
Jurisdiction of Local Committee:
Section 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with the jurisdiction of the Local Committee. According to Section 6 of the Act,
Every District Officer shall constitute in the district concerned, a committee to be known as the “Local Committee” to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself.
The District Officer shall designate one nodal officer in every block, taluka, and tehsil in the rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned Local Committee within a period of seven days.
The jurisdiction of the Local Committee shall extend to the areas of the district where it is constituted.
Constitution of Local Committee:
Section 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with the constitution of the Local Committee. According to Section 7 of the Act, the Local Committees shall consist of a Chairperson be nominated from amongst the eminent women in the field of social work and committed to the cause of women. One Member to be nominated from amongst the women working in the block, taluka or tehsil or ward or municipality in the district. Two Members, of whom at least one shall be a woman, to be nominated from amongst such non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment, which may be prescribed. At least one of the nominees should, preferably, have a background in law or legal knowledge. At least one of the nominees shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time to time. The concerned officer dealing with the social welfare or women and child development in the district shall be a member ex officio.
Removal of Chairperson or Member of Local Committee:
Chairperson or Member of Local Committee, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section in the following circumstances
contravenes the provisions of section 16; or
has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
has so abused his position as to render his continuance in office prejudicial to the public interest.
Complaint of Sexual Harassment:
Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with the complaint of sexual harassment. According to Section 9 of the Act, any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of the last incident. If such a complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing. The Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit for filing the complaint not exceeding three months if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
Conciliation:
Section 10 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with the conciliation between the respondent and the aggrieved woman. According to Section 10 of the Act, before initiating an inquiry under section 11 and at the request of the aggrieved woman, the Internal Committee or, as the case may be, the Local Committee, may take steps to settle the matter between her and the respondent through conciliation, but there should not be a monetary settlement as a basis of conciliation.
When settlement is reached the Internal Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation. The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent. Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be.
Inquiry Into Complaint:
Section 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with an inquiry into the complaint made by the aggrieved woman. According to Section 10 of the Act, before initiating an inquiry under section 11 and at the request of the aggrieved woman, the Internal Committee or, as the case may be, the Local Committee, may take steps to settle the matter between her and the respondent through conciliation, but there should not be a monetary settlement as a basis of conciliation. The inquiry under Section 11(1) shall be completed within a period of ninety days.
According to Section 11 of the Act, when there is no conciliation has arrived between the respondent and the aggrieved woman or the respondent fails to comply with any condition of settlement the respondent and the aggrieved woman under Section 10 of the Act, the inquiry is initiated under Section 11 of the Act. The Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make an inquiry into the complaint in accordance with the provisions of the Service Rules applicable to the respondent. If no such rules exist, in such manner as may be prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case exists, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable. If both the parties are employees, the parties shall, during the course of the inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee
Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15 of the Act.
According to Section 16 of the Act, publication or making known contents of complaint and inquiry proceedings is prohibited. The contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent, and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press, and media in any manner
According to Section 17 of the Act, If any person entrusted with the duty to handle or deal with the complaint, inquiry, or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16, he shall be liable for a penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed.
Power of Committees During Enquiry:
For the purpose of making an inquiry under Section 11(1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:
summoning and enforcing the attendance of any person and examining him on oath;
requiring the discovery and production of documents;
any other matter which may be prescribed.
Action During the Pendency of Inquiry:
Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with the actions to be taken during the pendency of the inquiry.
During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to—
transfer the aggrieved woman or the respondent to any other workplace; or
grant leave to the aggrieved woman up to a period of three months; or
grant such other relief to the aggrieved woman a may be prescribed.
The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled. On the recommendation of the Internal Committee or the Local Committee, as the case may be, under Section 12(1), the employer shall implement the recommendations made Section 12(1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.
Inquiry Report:
Section 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with an inquiry report.According to Section 13 of the act, on the completion of an inquiry under this Act, the Internal Committee or the Local Committee, as the case may be, shall provide a report of its findings to the employer, or as the case may be, the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties.
Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter.
Where the Internal Committee or the Local Committee, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be
to take action for sexual harassment as a misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made, in such manner as may be prescribed;
to deduct, notwithstanding anything in the service rules applicable to the respondent, from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, as it may determine, in accordance with the provisions of section 15: Provide that in case the employer is unable to make such deduction from the salary of the respondent due to his being absent from duty or cessation of employment it may direct to the respondent to pay such sum to the aggrieved woman: Provided further that in case the respondent fails to pay the sum referred to in Section 13(2), the Internal Committee or as, the case may be, the Local Committee may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.
The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him.
Punishment for False or Malicious Complaint and False Evidence:
Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with the punishment for false or malicious complaint and false evidence. according to Section 14 of the Act,
Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed: Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section: Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.
Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.
Determination of Compensation:
Section 15 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with the determination of compensation. According to Section 15 of the Act, for the purpose of determining the sums to be paid to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local Committee, as the case may be, shall have regard to—
the mental trauma, pain, suffering, and emotional distress caused to the aggrieved woman;
the loss in the career opportunity due to the incident of sexual harassment;
medical expenses incurred by the victim for physical or psychiatric treatment;
the income and financial status of the respondent;
feasibility of such payment in a lump sum or in installments.
Appeal
Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with appeal. According to Section 18 of the Act,
Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.
The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.
Duty of Employer:
Section 19 of the Act deals with the duties of employer. According to Section 19 of the Act the duties of employer are as follows:
provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace;
display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4;
organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;
provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry;
assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be;
make available such information to the Internal Committee or the Local Committee, as the case be, as it may require having regard to the complaint made under sub-section (1) of section 9;
provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force;
cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
monitor the timely submission of reports by the Internal Committee
Conclusion:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides a robust mechanism for redressal to women. It requires public awareness, sensitivity, and robust implementation of the Act, to avoid such incidents.
In this article, we shall study one important social legislation enacted for saving girl childs, namely, the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, (PCPNDT Act) 1994.
Female Foeticide:
Female foeticide is the procedure of abortion to terminate a female foetus from the womb of the mother before taking birth after the sex recognition tests like an ultrasound scan. The census figures not only indicates the imbalance in the sex ratio, but it also indicates, the casual approach of society to all women. It is the cruellest on the part of society not to allow a female child to be born.
Major Reasons for Female Foeticide:
Patrilineal line of succession
Dowry system, violence against women
Low status of women
Preference for son due to financial security
Small family norm
Religious and social taboos
Misuse of diagnostic techniques.
Impact of Female Foeticide:
The sex ratio denotes the ratio of females to males in a specific region. As per the decennial Indian census, the Sex Ratio of India is 107.48. It means 107.48 males per 100 females in 2019.
It increases number of crimes against women
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994:
Objects of PCPNDT Act:
To prevent misuse of Pre-conception and Pre-natal Diagnostic Techniques for sex determination leading to female feticide and arrest the declining sex ratio in India.
To ensure the implementation of all promotional schemes for girl children at the district level.
To Monitor and evaluate the implementation of the PCPNDT Act through community participation.
To ensure accountability of implementing agencies through monitoring implementation of the Act through community participation.
To track pregnancies, MTPs, and birth registration with the help of Anganwadi workers, ASHAs.
To identify violators of the Act through conducting detailed audits of form ‘F’ filled in for the pregnant women in the clinics.
To develop a national, state, and district annual Plan.
Salient Features of the PCPNDT Act:
This Act No. 57 of 1994 was enacted by the Parliament of India, It assented on 20 September 1994 and it commenced on 1st January 1996.It is applicable to the whole of India.
The Act provides for the prohibition of sex selection, before or after conception.
It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect: Genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations, haemoglobinopathies and sex-linked disorders.
No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through the interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.
Important Definitions of the Act:
Conceptus:
According to Section 2(ba) of the PCPNDT Act ”conceptus” means any product of conception at any stage of development from fertilization until birth including extra-embryonic membranes as well as the embryo or foetus.
Embryo:
According to Section 2(bb) of the PCPNDT Act, “embryo” means a developing human organism after fertilization till the end of eight weeks (fifty-six days).
Foetus:
According to Section 2(bc) of the PCPNDT Act “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation (excluding any time in which its development has been suspended) and ending at the birth.
Generic Counselling Centre:
According to Section 2(c) of the PCPNDT Act “Genetic Counseling Centre” means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to patients.
Genetic Clinic:
According to Section 2(d) of the PCPNDT Act “Genetic Clinic” means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is used for conducting pre-natal diagnostic procedures.
The explanation attached to the definition lays down that for the purposes of this clause, “Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining the sex of the foetus or portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used.
Genetic Laboratory:
According to Section 2(e) of the PCPNDT Act “Genetic Laboratory” means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for a pre-natal diagnostic test.
The explanation attached to the definition lays down that for the purposes of this clause, “Genetic Laboratory’ includes a place where ultrasound machine or imaging machine or scanner or other equipment capable of determining the sex of the foetus or portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used.
Gynaecologist:
According to Section 2(f) of the PCPNDT Act, “Gynaecologist” means a person who possesses a post- graduate qualification in gynaecology and obstetrics.
Medical Geneticist:
According to Section 2(g) of the PCPNDT Act, “Medical geneticist” includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in such field after obtaining— (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences.
Pediatrician:
According to Section 2(h) of the PCPNDT Act, “Pediatrician” means a person who possesses a post-graduate qualification in pediatrics.
Pre-natal Diagnostic Procedures:
According to Section 2(i) of the PCPNDT Act “pre-natal diagnostic procedures” means all gynaecological or obstetrical or medical procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, blood or any other tissue or fluid of a man, or of a woman for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or after conception;
Pre-natal Diagnostic Test:
According to Section 2(k) of the PCPNDT Act “pre-natal diagnostic test” means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked diseases.
According to Section 2(j) of the PCPNDT Act “pre-natal diagnostic techniques” includes all pre-natal diagnostic procedures and pre-natal diagnostic tests.
Registered Medical Practitioner:
According to Section 2(m) of the PCPNDT Act “registered medical practitioner” means a medical practitioner who possesses any recognised PNDT Act, 1994 & Amendments medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, (102 of 1956.) and whose name has been entered in a State Medical Register.
Sex Selection:
According to Section 2(o) of the PCPNDT Act, “sex selection” includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex.
Sonologist or Imaging Specialist:
According to Section 2(p) of the PCPNDT Act “sonologist or imaging specialist” means a person who possesses any one of the medical qualifications recognized under the Indian Medical Council Act, 1956 or who possesses a postgraduate qualification in ultrasonography or imaging techniques or radiology.
Situations that Allow the Conduct of Pre-natal Diagnostic Techniques:
Pre-natal diagnostic techniques shall be made use of only for the detection of the following:
Chromosomal Abnormalities
Genetic Metabolic Diseases
Haemoglobinopathies
Sex-Linked Genetic Diseases
Congenital Anomalies
Any Other Abnormalities or diseases as may be specified by the Central Supervisory Board
Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics:
According to Section 3 of the Act,
no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic unless registered under this Act, shall conduct or associate with, or help in, conducting activities relating to prenatal diagnostic techniques;
no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who does not possess qualifications as may be prescribed;
no medical geneticist, gynaecologist, paediatrician, registered medical practitioner or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person, any pre-natal diagnostic techniques at a place other than a place registered under this Act.
Prohibition of Sex Selection:
According to Section 3 of the Act, no person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.
Prohibition on Sale of Ultrasound Machines, etc., to Persons, Laboratories, Clinics, etc. Not Registered Under the Act:
According to Section 3B of the Act, no person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.
Regulation and Pre-conditions to Use and Conduct Pre-natal Diagnostic Techniques:
Following conditions are prescribed in Chapter III Section 4 of the Act
No place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques except for the purposes specified in clause (2) and after satisfying any of the conditions specified in clause (3);
2. No pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:—
chromosomal abnormalities;
genetic metabolic diseases;
haemoglobinopathies;
sex-linked genetic diseases;
congenital anomalies;
any other abnormalities or diseases as may be specified by the Central Supervisory Board;
3. No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:
age of the pregnant woman is above thirty-five years;
the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease;
any other condition as may be specified by the Central Supervisory Board;
4. No person including a relative or husband of the pregnant woman shall seek or encourage the conduct of any pre-natal diagnostic techniques on her except for the purposes specified in clause (2).
5.No person including a relative or husband of a woman shall seek or encourage the conduct of any sex-selection technique on her or him or both.
Written consent of Pregnant Woman and Prohibition of Communicating the Sex of Foetus:
According to Section 5 of the Act,
1. No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless— PNDT Act, 1994 & Amendments
(a) he has explained all known side and after effects of such procedures to the pregnant woman concerned;
(b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to the pregnant woman.
2. No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs or in any other manner.
Determination of Sex Prohibited:
According to Section 6 of the Act,
(a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;
(b) no person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus;
(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or after conception.
Central Supervisory Board:
According to Section 7 of the Act, the Central Government shall constitute a Board to be known as the Central Supervisory Board to exercise the powers and perform the functions conferred on the Board under this Act.
Functions and Powers of Central Supervisory Board:
According to Section 16 of the Act, the followings are the functions of the Central Supervisory Board:
to advise the Central Government on policy matters relating to use of pre-natal diagnostic techniques, sex selection techniques and against their misuse;
to review and monitor implementation of the Act and rules made thereunder and recommend to the Central Government changes in the said Act and rules;
to create public awareness against the practice of pre-conception sex selection and prenatal determination of sex of foetus leading to female foeticide;
to lay down code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics;
to oversee the performance of various bodies constituted under the Act and take appropriate steps to ensure its proper and effective implementation;
any other functions as may be prescribed under the Act.
State Supervisory Board and Union Territory Supervisory Board:
According to Section 16A of the Act, each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, to exercise the powers and perform the functions conferred on the Board under this Act.
Functions of State Supervisory Board and Union Territory Supervisory Board:
According to Section 16A of the Act, the followings are the functions of the State Supervisory Board and Union Territory Supervisory Board:
to create public awareness against the practice of pre-conception sex selection and pre-natal determination of sex of foetus leading to female foeticide in the State;
to review the activities of the Appropriate Authorities functioning in the State and recommend appropriate action against them;
to monitor the implementation of provisions of the Act and the rules and make suitable recommendations relating thereto, to the Board;
send such consolidated reports as may be prescribed in respect of the various activities undertaken in the State under the Act to the Board and the Central Government; and
any other functions as may be prescribed under the Act.
Registration and Suspension of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics:
Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics:
According to Section 18 of the Act:
No person shall open any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound or imaging machine or scanner or any other technology capable of undertaking determination of sex of the foetus and sex selection, or render services to any of them, after the commencement of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 unless such centre, laboratory or clinic is duly registered under the Act.
Every application for registration under sub-section (1), shall be made to the Appropriate Authority in such form and in such manner and shall be accompanied by such fees as may be prescribed.
Every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged, either partly or exclusively, in counselling or conducting pre-natal diagnostic techniques for any of the purposes mentioned in section 4, immediately before the commencement of this Act, shall apply for registration within sixty days from the date of such commencement.
Subject to the provisions of section 6, every Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic engaged in counselling or conducting pre-natal diagnostic techniques shall cease to conduct any such counselling or technique on the expiry of six months from the date of commencement of this Act unless such Centre, Laboratory or Clinic has applied for registration and is so registered separately or jointly or till such application is disposed of, whichever is earlier.
No Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall be registered under this Act unless the Appropriate Authority is satisfied that such Centre, Laboratory or Clinic is in a position to provide such facilities, maintain such equipment and standards as may be prescribed.
Certificate of Registration:
According to Section 19 of the Act:
The Appropriate Authority shall, after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this Act and the Rules made thereunder and having regard to the advice of the Advisory Committee in this behalf, grant a certificate of registration in the prescribed form jointly or separately to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, as the case may be.
If, after the inquiry and after giving an opportunity of being heard to the applicant and having regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that the applicant has not complied with the requirements of this Act or the rules, it shall, for reasons to be recorded in writing, reject the application for registration.
Every certificate of registration shall be renewed in such manner and after such period and on payment of such fees as may be prescribed.
The certificate of registration shall be displayed by the registered Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic in a conspicuous place at its place of business.
Cancellation or Suspension of Registration:
According to Section 20 of the Act:
The Appropriate Authority may suo moto, or on the complaint, issue a notice to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic to show cause why its registration should not be suspended or cancelled for the reasons mentioned in the notice.
If, after giving a reasonable opportunity of being heard to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic and having regard to the advice of the Advisory Committee, the Appropriate Authority is satisfied that there has been a breach of the provisions of this Act or the rules, it may, without prejudice to any criminal action that it may take against such Centre, Laboratory or Clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be.
Notwithstanding anything contained in sub-sections (1) and (2), if the Appropriate Authority is, of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1).
Appeal Against Suspension:
According to Section 21 of the Act:
The Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within thirty days from the date of receipt of the order of suspension or cancellation of registration passed by the Appropriate Authority under section 20, prefer an appeal against such order to—
the Central Government, where the appeal is against the order of the Central Appropriate Authority; and
the State Government, where the appeal is against the order of the State Appropriate Authority, in the prescribed manner.
Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention:
According to Section 22 of the Act:
No person, organization, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place.
No person or organization including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or preconception selection of sex by any means whatsoever, scientific or otherwise.
Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.
Explanation.—For the purposes of this section, “advertisement” includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.
Offences, Penalties and Cognizance:
Offences and Penalties:
According to Section 23 of the Act:
Any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.
The name of the registered medical practitioner shall be reported by the Appropriate Authority to the State Medical Council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.
Any person who seeks the aid of a Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre- natal diagnostic techniques on any pregnant women for the purposes other than those specified in sub-section (2) of section 4, he shall, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees.
For the removal of doubts, it is hereby provided, that the provisions of sub-section (3) shall not apply to the woman who was compelled to undergo such diagnostic techniques or such selection.
Cognizance of Offence:
According to Section 27 of the Act, every offence under this Act shall be cognizable, non-bailable and non-compoundable.
Who Can Take Cognizance:
According to Section 28 of the Act:
No court shall take cognizance of an offence under this Act except on a complaint made by— (a) the Appropriate Authority concerned, or any officer authorised in this behalf by the Central Government or State Government, as the case may be, or the Appropriate Authority; or (b) a person who has given notice of not less than fifteen days in the manner prescribed, to the Appropriate Authority, of the alleged offence and of his intention to make a complaint to the court.
Explanation.—For the purpose of this clause, “person” includes a social organisation.
No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
Where a complaint has been made under clause (b) of subsection (1), the court may, on demand by such person, direct the Appropriate Authority to make available copies of the relevant records in its possession to such person.
Amendment in 2003
Amendment of the act mainly covered bringing the technique of pre-conception sex selection within the ambit of the act
Bringing ultrasound within its ambit
Empowering the central supervisory board, the constitution of the state-level supervisory board
Provision for more stringent punishments
Empowering appropriate authorities with the power of civil court for search, seizure, and sealing the machines and equipments of the violators
Regulating the sale of the ultrasound machines only to registered bodies
Conclusion:
For proper implementation of the Act one should not lose focus of the object of the act.
Object of the act is prohibition of sex determination leading to female feticide & not strict compliance of record keeping.
Abortion is a medical procedure to end a pregnancy. It uses medicine or surgery to remove the embryo or fetus and placenta from the uterus. The procedure is done by a licensed health care professional. Section 312 of the Indian Penal Code provides a penal provision for the illegal and unlawful termination of pregnancy. This provision punishes the mother as well as the person who causes termination of pregnancy except when it is caused to save the life of the mother. In this article, we shall study provisions of the Medical Termination of Pregnancy Act, 1971
Historical Background:
Shantilal Shah Committee in 1964 recommended the liberalization of abortion laws to make them more effective and to reduce the unsafe abortions and maternal mortality rates which were associated with illegal abortions. 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 1st 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.
Features of Medical Termination of Pregnancy Act, 1971:
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.
Only Registered Medical Practitioner can perform treatment of termination of pregnancy in good faith at hospitals maintained by the Government or approved by the Government in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971.
Any illegal termination of pregnancy is punishable under this Act and under the Indian Penal Code, 1872.
The Act does not permit termination of pregnancy after 20 weeks. The medical opinion must off course be given in “good faith”. The term good faith has not been defined in the Act but sec. 52 if the IPC defines good faith to mean as an act done with ‘due care and caution’.
Important Definitions Under the Act:
Guardian: According to Section 2(a) of the Act, “guardian” means a person having the care of the person of a minor or a lunatic.
Lunatic: According to Section 2(d) of the Act, “lunatic” has the meaning assigned to it in Section 3 of the Indian Lunacy Act, 1912.
Minor: According to Section 2(d) of the Act, “minor” means a person who, under the provisions of the Indian Majority Act, 1875, is to be deemed not to have attained his majority;
Registered Medical Practitioner: According to Section 2(d) of the Act, “registered medical practitioner” means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956, whose name has been entered in a State Medical Register and who has such experience of training in gynaecology and obstetrics as may be prescribed by rules made under the Medical Termination of Pregnancy Act, 1971.
Grounds When Medical Termination of Pregnancy is Allowed:
Section 3 of the Act, gives provisions when medical termination of pregnancy can be allowed. Termination of Pregnancy allowed under the Medical Termination of Pregnancy Act, 1971 is allowed if and only if the following conditions are satisfied.
A pregnancy may be terminated by a registered medical practitioner only. A registered medical practitioner should not be guilty of any offence which has been mentioned in the IPC or any other law during the time of the termination of pregnancy by him according to the provisions of the law;
Where the duration and time of pregnancy have not exceeded more than 12 weeks, in this case by the opinion of one medical practitioner in good faith;
Where the duration and time of pregnancy have exceeded 12 weeks but not the 20 weeks, in this case by the opinions of the two medical practitioners in good faith;
The continuation of the pregnancy will be a grave danger for a woman’s physical or mental health;
When there is anticipation that the child born out of this pregnancy will be prone to detrimental physical and mental health and will be handicapped.
According to Section 3(4) of the Act the termination of pregnancy of a woman who has not attained the age of eighteen years, or, who, have attained the age of eighteen years, but is a lunatic, permission of the guardian is required. If the woman has attained the age of 18 years and is normal then her permission for termination of pregnancy is required.
The procedure must be made in accordance with the Act at any place not other than – (a) a hospital established or maintained by the Government, or (b) a place for the time being approved for the purpose of this Act by the Government.
Explanation 1 attached to Section 3(2) says that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Thus before taking the decision on the termination of pregnancy, mental anguish is to be taken into consideration. An allegation by the victim that she has been raped is sufficient. Further proof of rape like medical examination, trial, judgment is not necessary.
Explanation 2 attached to Section 3(2) says that where any pregnancy occurs as a result of the failure of any device or method used by any married woman or her husband for purpose of limiting the number of children the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. The Act says that mental anguish due to pregnancy due to contraceptive failure in a married woman is an indication.
Medical Termination of Pregnancy in Emergencies:
Exceptions are made for emergencies. Under section 5(1), a doctor may terminate a pregnancy if it is “immediately necessary to save the life of the pregnant woman”. In such situations, the requisites relating to the length of pregnancy, the need for two medical opinions, and the venue for operation do not apply. It is to be noted that Section 312 of the IPC permitted medical termination of pregnancy by anyone with the object of saving the life of the mother, but under MTPA only a doctor can terminate the pregnancy.
Places Where Medical Termination of Pregnancy Allowed:
According to Section 4 of the Act, the procedure of medical termination of pregnancy must be made in accordance with the Act at any place not other than – (a) a hospital established or maintained by the Government, or (b) a place for the time being approved for the purpose of this Act by the Government.
Power of Making Rules:
According to Section 6 of the Act, the Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
Power to Make Regulations:
According to Section 7 of the Act,
the State Government may by regulations:
(a) require any such opinion as is referred to in sub-section (2) of Section 3 to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates;
(b) require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations;
(c) prohibit the disclosure, except to such persons and for such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations. 2. The intimation given and the information furnished in pursuance of regulations made by virtue of clause (b) of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical Officer of the State.
3. Any person who willfully contravenes or willfully fails to comply with the requirements of any regulation made under sub-section (1) shall be liable to be punished with fine which may extend to one thousand rupees.
Action Taken in Good Faith:
The opinion of medical termination of pregnancy by the registered medical practitioner must be given in “good faith”. The term good faith has not been defined in the Act but sec. 52 if the IPC defines good faith to mean as an act done with ‘due care and caution’.
According to Section 8 of the Act, no suit or other legal proceeding shall lie against any registered medical practitioner for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
If a body changes its position with respect to its surroundings, the body is said to be in …………..
If a body changes its position with respect to its surroundings, the body is said to be in motion.
Motion is a relative concept.
The distance can never be ………., while displacement can be.
The distance can never be negative, while displacement can be.
Distance is always positive while displacement can be positive or negative or zero.
If a body moves such that it covers equal distances in equal intervals of time, whatsoever be small, then the object is said to have …………. motion.
If a body moves such that it covers equal distances in equal intervals of time, whatsoever be small, then the object is said to have uniform motion.
When a particle moves in a straight line from point A to point B the distance covered is ………. the magnitude of the displacement.
When a particle moves in a straight line from point A to point B the distance covered is equal to the magnitude of the displacement.
Distance travelled divided by elapsed time gives ………….
Distance travelled divided by elapsed time gives speed.
The ratio of the total displacement of a body to the total time taken is …………
The ratio of the total displacement of a body to the total time taken is velocity.
The average velocity of an object moving on a circle of radius R in one complete rotation if it takes t second in completing one rotation is …………..
The average velocity of an object moving on a circle of radius R in one complete rotation if it takes t second in completing one rotation is zero.
In one complete rotation displacement of the object is zero
Velocity = Displacement/time = 0/t = 0
An object moving uniformly on a circular track. Its velocity ………. with time.
An object moving uniformly on a circular track. Its velocity changes with time.
In uniform circular motion, the speed (magnitude of velocity) is constant, but the direction of velocity changes continuously. Hence body in circular motion moves with acceleration.
If particle is moving along circular path such that in equal interval of time it describes the equal angle, then velocity vector …………
If particle is moving along circular path such that in equal interval of time it describes the equal angle, then velocity vector changes its direction continuously.
The particle describes the equal angle in equal interval of time. Hence particle is in uniform circular motion. In uniform circular motion, the speed (magnitude of velocity) is constant, but the direction of velocity changes continuously.
The magnitude of average velocity ………… equal to the average speed.
The magnitude of average velocity may or may not be equal to the average speed.
When a body has unequal displacement in equal intervals of time, it is said to be moving with …………..
When a body has unequal displacement in equal intervals of time, it is said to be moving with non-uniform velocity.
The acceleration of freely falling object is approximately equal to ……..
The acceleration of freely falling object is approximately equal to 9.8 ms-2.
If a body starts from rest and moves with uniform acceleration, then its displacement is proportional to ………….
If a body starts from rest and moves with uniform acceleration, then its displacement is proportional to square of time.
s = ut + 1/2 at2
now u = 0
s = 1/2 at2
A particle is just released to fall down from the top of a building. Its velocity at a particular position is directly proportional to …….
A particle is just released to fall down from the top of a building. Its velocity at a particular position is directly proportional to………
A particle is just released to fall down from the top of a building. Its velocity at a particular position is directly proportional to time.
v = u + at
now u = 0
v = at
All objects in free fall at a given place have the same
All objects in free fall at a given place have the same acceleration.
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity.
…………… acceleration is called retardation or deceleration.
Negative acceleration is called retardation or deceleration.
A car is moving northward. The driver of the car applies brakes, the direction of acceleration is …………..
A car is moving northward. The driver of the car applies brakes, the direction of acceleration is southward.
When brakes are applied, the acceleration is negative and acts in the opposite direction to tht of motion at the instant of braking.
A body moving with constant speed has zero acceleration only when the particle is in …… dimensional motion.
A body moving with constant speed has zero acceleration only when the particle is in one dimensional motion.
In velocity-time graph, velocity is taken on ……… axis.
In velocity-time graph, velocity is taken on x-axis
Area under velocity-time graph gives …………..
Area under velocity-time graph gives the displacement.
The velocity-time graph of a moving object is a straight line parallel to the time axis. It means the velocity of the object is ………..
The velocity-time graph of a moving object is a straight line parallel to the time axis. It means the velocity of the object is constant.
The velocity-time graph of a body moving with uniform velocity is a straight line parallel to …………..
The velocity-time graph of a body moving with uniform velocity is a straight line parallel to time axis.
In last few articles, we have seen the concept of a motion in a straight line. From this article we shall apply the concept. In this article we shall study true and false type questions based on a motion in a straight line.
State whether the following statements are true or false. If false correct the statement.
The travel of a train from one station to another is an example of translatory motion.
True
In translational motion every particle of the body has the same displacement.
Motion of an ant along one of the edge of table is translatory motion.
True
In translational motion every particle of the body has the same displacement.
The magnitude of displacement can be equal to or lesser than the distance travelled.
True
The shortest distance from the initial position to the final position of the body is called the magnitude of the displacement. Thus in case of body moving in a straight line in the same direction, the maximum displacement can be equal to the distance travelled. In all other case, it will be less than the distance travelled.
Ddistance covered by a moving body is always greater than zero.
True.
Displacement of a particle can be less than or greater than or equal to zero.
True
Uniform speed is a vector quantity
False
Correction: Speed is a scalar quantity
Speed = distance / time, in this formula, both the dstance travelled and time are scalar quantities, hence speed is a scalar quantity.
A particle moving with a uniform velocity must be along a straight line.
True.
Since velocity is a vector quantity it has both the magnitude and direction and if direction changes it is not uniform velocity. In case of circular motion there is a continuous change in direction leading to accelarated motion which results in non uniform velocity.
A body can have a constant speed and still have varying velocity.
True.
In a uniform circular motion, the speed of the body is constant but due to continuous change in direction, the velocity is varying. A body can not have its velocity constant, while its speed varies.
The magnitude of average velocity is always equal to the average speed.
False.
Correction: The magnitude of average velocity ned not be equal to the average speed.
In a uniform circular motion, the speed of the body is constant but due to continuous change in direction, the velocity is varying. The magnitude of the average velocity of an object is equal to its average speed, only in one condition when an object is moving in a straight line.
Average velocity can be calculated by taking the average of initial and final velocities for a given time interval irrespective of the type of acceleration.
True
For a body moving along a circular path, the average velocity and average speed can never be equal.
True.
In a uniform circular motion, the speed of the body is constant but due to continuous change in direction, the velocity is varying. Thus in case of uniform ciercular motion, average speed is constant and equal to the magnitude of the instantaneous velocity of the body, but average velocity is zero.
Average velocity can be zero, but average speed of a moving body can not be zero in any finite time interval.
True
uniform ciercular motion, average speed is constant and equal to the magnitude of the instantaneous velocity of the body, but average velocity is zero.
If a body moves with constant velocity, its displacement depends on depends on square of time
False
Correction: If a body moves with constant velocity, its displacement depends on depends on time
v = ds/dt = k = constant
Integrating both sides with time t
s = kt
Thus displacement varies directly with time (t)
A particle speed is constant, acceleration of the particle must be zero.
False
Correction: A particle speed is constant, acceleration of the particle need not be zero.
In a uniform circular motion, the speed of the body is constant but due to continuous change in direction, the velocity is varying. Thus particle possesses acceleration.
When a particle moves with a constant speed in the same direction, neither the magnitude nor the direction of velocity changes and so acceleration is zero.
True
Since velocity is a vector quantity it has both the magnitude and direction. In this case both the speed and direction are the same. Hence the particle is moving with a constant velocity and has zero acceleration.
A particle is known to be at rest at time t = 0. If its acceleration at t = 0 is zero.
False
Correction: A particle is known to be at rest at time t = 0. If its velocity at t = 0 is zero.
A body is said to be at rest if it does not change its position with respect to its immediate surroundings. Thus the velocity of the body decides its state of motion.
An object covers distances in direct proportion to the square of the time elapsed. Its acceleration is increasing.
False
An object covers distances in direct proportion to the square of the time elapsed. Its acceleration is constant
s = kt2 (given)
Differentiating both sides w.r.t. time t
velocity = v = ds/dt = 2kt
Differentiating both sides again w.r.t. time t
acceleration = a = dv/dt = 2k = constant
Thus in this case acceleration is constant. i.e. the object is moving with constant acceleration.
A particle in one-dimensional motion with a positive value of acceleration must be speeding up.
False
A particle in one-dimensional motion with a positive value of acceleration may or may not be speeding up.
If the initial velocity of a body is negative then even in case of positive acceleration, the body speeds down.
There can be a motion in which speed is constant but velocity is variable.
True
In uniform circular motion, speed is constant but velocity is variable.
A body moves with retardation when it is projected vertically upward.
True
Every body on the earth surface is acted upon by gravitational force acting in downward direction. When a body is projected vertically upward, due to the action of the gravitational force, its velocity goes on decreasing. Thus the body moves with retardation. at the highest point of its journey its velocity is zero.
A body is projected vertically up. On reaching maximum height, its velocity becomes zero.
True
Every body on the earth surface is acted upon by gravitational force acting in downward direction. When a body is projected vertically upward, due to the action of the gravitational force, its velocity goes on decreasing. Thus the body moves with retardation. at the highest point of its journey its velocity is zero.
A stone dropped from a height moves with constant velocity
False
Correction: A stone dropped from a height moves with constant acceleration.
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity.
When two balls of different masses are thrown vertically upwards with the same initial speed, the heavier body rises to greater height then the lighter body.
False
Correction: When two balls of different masses are thrown vertically upwards with the same initial speed, both the bodies will rise to the same maximum height.
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity. The height reached by the body epends on the initial speed by which they are thrown ipwards and the acceleration due to gravity at that place. Both the bodies will be acted upon by the same acceleration due to gravity and they are projected with same initial speed. hence both the bodies will rise to the same height.
The distance travelled by a freely falling body in every successive second is the same.
False:
Correction: The distance travelled by a freely falling body in every successive second increases.
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity. Thus freely falling body moves with acceleration due to gravity in downward direction i.e. in the direction of motion, hence its speed increases continuously and thus it covers more distance in every successice second.
The area under the velocity-time diagram shows the displacement of the body
True
Velocity-time graph cannot be used to find the instantaneous velocity
False
Correction: Velocity-time graph can be used to find the instantaneous velocity
Velocity-time graph can be used to find displacement of the body.
True
The area under the velocity-time diagram shows the displacement of the body
Equations of motion are applicable only when a body moves with uniform velocity.
False
Correction: Equations of motion are applicable only when a body moves with uniform acceleration.
Direction of motion is decided by the displacement of a body.
False
Direction of motion is decided by the velocity of a body. Positive value of velocity indicates body is moving in the direction of the displacement while neghative value of velocity indicates the body is moving in the opposite direction to that of displacement.
In the last article we have studied the concept of speed and velocity. Motion is an important part of our life. Our daily activities involve motion of different kinds. When we study motion, we come across another important concept namely acceleration. In this article, we shall study the the concept of uniform acceleration.
The rate of change of displacement of a body with respect to time is called the velocity of the body.
Velocity = Displacement / Time
Velocity is a vector quantity, its S.I. unit is m/s and c.g.s. unit is cm/s. Its dimensions are [L1M0T-1].
Uniform
Velocity:
When the
magnitude and direction of the velocity of a body remain the same at any
instant, then the body is said to have uniform velocity. For uniform
motion acceleration a = 0 and Displacement = velocity × time.
Example: The velocity of light in a particular medium is uniform velocity. The velocity of sound in air at constant temperature is uniform velocity.
Non
Uniform Velocity:
When the magnitude of velocity or the direction of velocity or both changes at any instant the body is said to have the nonuniform velocity or variable velocity.
A body can have non-uniform velocity in the following three cases.
When the direction of the velocity of a body remains the same but its magnitude changes continuously then the body has variable velocity. e.g. a ball is thrown vertically upward.
When the magnitude of the velocity of a body remains the same but the direction changes continuously then the body has variable velocity. e.g. uniform circular motion of a body.
When both the magnitude and direction of the velocity of body change continuously, then the body has variable velocity. e.g. ball thrown by making the acute angle with the horizontal (projectile motion)
When a body has variable velocity, then it has acceleration.
Acceleration:
The rate of
change of velocity with respect to time is called acceleration.
Acceleration is vector quantity its S.I. unit is m/s2. Its dimensions are [L1M0T-2].
Acceleration = (v – u)/t
Where, u = Initial velocity
v = Final velocity
t = Time in which the change takes place
Acceleration can be positive, negative or zero. If the velocity is increasing then acceleration is positive. If the velocity is decreasing acceleration is negative. If the velocity is the constant acceleration is zero. Negative acceleration is also called deceleration or retardation.
If the
velocity is increasing then the direction of acceleration is same as that of
the velocity of the body. If the velocity is decreasing then the direction
of acceleration is opposite to that of the velocity of the body.
It is to be
noted that the velocity and not the acceleration of the body determines the
direction of motion.
Uniform
Acceleration:
When equal changes take place in the velocity of a body in equal interval of time, then the acceleration is called uniform acceleration. e.g. the motion under gravity.
Variable Acceleration:
When The change in the velocity of a body in equal interval of time is not constant, then the acceleration is called non-uniform acceleration. Example: the motion of a vehicle on crowded road.
Acceleration Due To Gravity:
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity.
It is denoted by ‘g’. It varies from place to place. The average value of g at sea level is taken as 9.8 ms-2 in S.I. system and 980 cms-2 in c.g.s. system. When solving problems on the motion under gravity as per the convention the value of ‘g’ should be negative.
Relation Between Velocity and Acceleration:
When both velocity and acceleration are positive, acceleration is in the direction of velocity and velocity increases.
When velocity is positive and acceleration is negative, the acceleration is in the opposite direction of the velocity and velocity decreases.
When velocity is negative and acceleration is positive, the acceleration is in opposite direction of velocity and velocity increases but body is moving in opposite direction.
When both velocity and acceleration are negative, acceleration is in the direction of velocity and velocity decreases but body is moving in opposite direction.
Concepts:
Very Short Answer Type Questions
Q1. The average value of acceleration due to gravity at sea level is …… ms-2
The average value of acceleration due to gravity at sea level is 9.8 ms-2
Q2. Define acceleration.
The rate of change of velocity with respect to time is called acceleration
Q3. Give c.g.s., m.k.s. and S.I. units of acceleration.
c.g.s. unit
centimetre per second square (cm s-2)
m.k.s. unit
metre per second square (m s-2)
S.I. unit
metre per second square (m s-2)
Q4. Retardation is ……….. quantity
Retardation is a vector quantity
Q5. ……. acceleration is called retardation or deceleration.
Negative acceleration is called retardation or deceleration.
Q6. A freely falling body falls with …………..
A freely falling body falls with uniform acceleration, called acceleration due to gravity.
Q7. When is a body said to have zero acceleration?
If a body is at rest or moving with uniform velocity, then the body is said to have zero acceleration.
Q8. What is the acceleration of a body when its velocity remains constant?
In such case the acceleration of the body is zero.
Q9. What is acceleration due to gravity?
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity.
Q10. Rate of decrease in the magnitude of velocity is called ……..
Rate of decrease in the magnitude of velocity is called retadation or deceleration.
Q11. Give one example of each type of following motions
Uniform acceleration: free fall of a body under influence of gravity
Variable acceleration: A motion of vehicle on crowded road
Q12. What is retardation?
Negative acceleration is called retardation or deceleration.
Q13. Is acceleration due to gravity constant everywhere?
Acceleration due to gravity is not constant everywhere. It depends on altitude, depth, shape of earth, and latitude of the place. It is maximum at the poles and minimum at the equator.
Short Answer Type Questions
Q1. Explain the term ‘acceleration due to gravity’.
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity.
It is denoted by ‘g’. It varies from place to place. The average value of g at sea level is taken as 9.8 ms-2 in S.I. system and 980 cms-2 in c.g.s. system. When solving problems on the motion under gravity as per the convention the value of ‘g’ should be negative.
Q2. Which of the following bodies does hit the ground first when realeased from the same height simultaneously: a body of mass 1 kg or a body of mass 10 kg.
When the body falls freely under gravity, the acceleration produced in the body due to the gravitational force of attraction of the earth, then the acceleration by which the body falls down is called the acceleration of gravity. The value of g does not depend on mass of the body. If the two bodies of different masses are dropped from the same height simultaneusly, both will reach ground simultaneously, if the effect of air (friction and buoyancy) is neglected.
Q3. Distinguish between acceleration and retardation.
Acceleration
Retardation
The rate of change of velocity of a body with respect to time is called acceleration.
Negative acceleration is called retardation
Due to acceleration there is an increase in the velocity of the body.
Due to retardation there is a decrease in the velocity of the body.
Example: When train departs from station it has acceleration.
Example: When train halts at destination it has retardation.
Q4. Distinguish between uniform acceleration and variable acceleration.
Uniform Acceleration
Variable acceleration
The acceleration is said to be uniform (or constant) when equal changes in velocity take place in equal intervals of time.
If changes in velocity are not same in the same intervals of time, the acceleration is said to be variable.
Example — The motion of a body under gravity (e.g., free fall of a body)
Example — The motion of a vehicle on a crowded(or hilly) road.
Concept Application:
Q1. A train moving with a speed 90 kmph is brought to rest in 10 s. Find its retardation.
u = Initial velocity = 90 kmph = 90 x (5/18) = 25 ms-1
v = Final velocity = 0
Time in which change is brought = 10 s
We have acceleration = a = (v – u)/t
a = (0 – 25)/10 = – 2.5 ms-2
Negative sign indicates retardation.
Q2. A car initially at rest attains velocity of 20 ms-1 with uniform acceleration in 2.5 s. What is its acceleration?
u = Initial velocity = 0
v = Final velocity = 20 ms-1
Time in which change is brought = 2.5 s
We have acceleration = a = (v – u)/t
a = (20 – 0)/2.5 = 8 ms-2
Q3. The velocity of an object increases at a constant rate 20 m s-1 to 50 m s-1 in 10s. Find the acceleration.
Given: Initial velocity = u = 20 m s-1, Final velocity = v = 50 m s-1, Time elapsed = t = 10 s.
To Find: Acceleration = a =?
Solution:
a = (v – u)/t = (50 – 20)/10 = 30/10 = 3 m s-2
Acceleration of the object is 3 m s-2
Q4. A stone is thrown vertically upwards with an initial velocity 50 m s-1 comes to halt in 5 s. Find the acceleration.
Given: Initial velocity = u = 50 m s-1, Final velocity = v = 0 m s-1, Time elapsed = t = 5 s.
To Find: Acceleration = a =?
Solution:
a = (v – u)/t = (0 – 50)/5 = – 50/5 = – 10 m s-2
The negative sign indicates retardation
Retardation of the stone is 10 m s-2
Q5. The velocity of an object increases at a constant rate 54 km h-1 to 72 km h-1 in 5 s. Find the acceleration.
Given: Initial velocity = u = 54 km h-1= 54 x (5/18) = 15 m s-1, Final velocity = v = 72 km h-1= 72 x (5/18) = 20 m s-1, Time elapsed = t = 5 s.
In the last article we have studied the concept of distance travelled and displacement. Motion is an important part of our life. Our daily activities involve motion of different kinds. When we study motion, we come across another important concepts namely speed and velocity. In this article, we shall study the meaning of the two terms, there characteristics and distinguishing between them.
Speed is defined as the rate at which the particle covers a distance along given path. Mathematically,
Speed = Distance/Time
It is denoted by v. Its S.I. unit is ms-1 and c.g.s. unit is cm s-1. Its dimensions are [L1M0T-1].
Instantaneous Speed:
The speed opf a particle at a given instant is known as instantaneous speed. The speddometer of a vehicle indicates instantaneous speed of the ehicle.
Uniform Speed:
A body is said to move with uniform speed if it covers equal distances in equal intervals of time throughout its motion.
Consider the motion of a car shown in above figure. In each equal interval of time of 1 minute, the car is covering equal distance of 300 m. Hence the car has uniform speed of 300 m min-1. Thus instantaneous speed of the car is constant.
Non-Uniform or Variable Speed:
A body is said to move at a non-uniform speed if it covers unequal distances in the equal intervals of time.
Consider the motion of car shown in above figure. In each equal interval of time of 1 minute, the car is covering different distances. Hence the car has non-uniform or variable speed. Thus instantaneous speed of the car is changing with time.
Average Speed:
The ratio of the total distance travelled by the body to the total time of the journey is called average speed.
When a body is moving with uniform speed, then the instantaneous speed and average speed are equal.
Characteristics of Speed:
The rate of change of distance with time is called the speed of the body.
It is a scalar quantity
Speed is always positive.
In a circular motion, after executing a complete circle, the average velocity of the body is zero but its average speed is not zero.
Velocity:
The rate of change of displacement of a body with respect to time is called the velocity of the body. it is displacement of the body in unit time.
Velocity is a vector quantity, its S.I. unit is m/s and c.g.s. unit is cm/s.Its dimensions are [L1M0T-1]
Instantaneous Velocity:
For a body moving with non-uniform velocity, the velocity of the body at an instant is called instantaneous velocity.
Uniform Velocity:
When the magnitude and direction of the velocity of a body remain the same at any instant, then the body is said to have uniform velocity. Thus for body moving with uniform velocity, the instantaneous velocity is constant. Body has no acceleration,
For uniform motion acceleration, a = 0 and
Displacement = velocity × time.
Example: The velocity of light in a particular medium is uniform velocity. The velocity of sound in air at constant temperature is uniform velocity.
Non Uniform Velocity:
When the magnitude of velocity or the direction of velocity or both changes at any instant the body is said to have the nonuniform velocity or variable velocity. In this case body has acceleration.
A body can have non-uniform velocity in the following three cases.
When the direction of the velocity of a body remains the same but its magnitude changes continuously then the body has variable velocity. e.g. a ball is thrown vertically upward.
When body is thrown vertically upward, the magnitude of velocity goes on decreasing but the direction of velocity remains the same (upward) till the body reaches the maximum height. At the highest point the velocity of the body is zero.
When the magnitude of the velocity of a body remains the same but the direction changes continuously then the body has variable velocity. e.g. uniform circular motion of a body.
When both the magnitude and direction of the velocity of body change continuously, then the body has variable velocity. e.g. ball thrown by making the acute angle with the horizontal (projectile motion)
When a body has variable velocity, then it has acceleration.
Average Velocity:
If the velocity of a body moving in particular direction changes with time, then the ratio of displacement to total time is called average velocity.
Characteristics of Velocity:
The rate of change of displacement of a body with respect to time is called as the velocity of the body.
It is a vector quantity.
The velocity can be positive, negative or zero.
In a circular motion, after executing a complete circle, the average velocity of the body is zero but its average speed is not zero.
Concepts:
Very Short Answer Type Questions
Q1, define the following.
Speed: Speed is defined as the rate at which the particle covers a distance along given path.
Instantaneous Speed: The speed opf a particle at a given instant is known as instantaneous speed.
Uniform Speed: A body is said to move with uniform speed if it covers equal distances in equal intervals of time throughout its motion.
Non-uniform Speed: A body is said to move at a non-uniform speed if it covers unequal distances in the equal intervals of time.
Average Speed: The ratio of the total distance travelled by the body to the total time of the journey is called average speed.
Velocity: The rate of change of displacement of a body with respect to time is called the velocity of the body.
Instantaneous Velocity: For a body moving with non-uniform velocity, the velocity of the body at an instant is called instantaneous velocity.
Uniform Velocity: When the magnitude and direction of the velocity of a body remain the same at any instant, then the body is said to have uniform velocity.
Non-uniform Velocity: When the magnitude of velocity or the direction of velocity or both changes at any instant the body is said to have the nonuniform velocity or variable velocity.
Average Velocity: If the velocity of a body moving in particular direction changes with time, then the ratio of displacement to total time is called average velocity.
Q3. When does a particle in motion have uniform speed?
A body is said to move with uniform speed if it covers equal distances in equal intervals of time throughout its motion.
Q4. The ratio of total distance travelled by a body to total time taken is known as its …….
The ratio of total distance travelled by a body to total time taken is known as its speed.
Q5. Give c.g.s., m.k.s. and S.I. units of speed, velocity.
Speed:
c.g.s. unit
centimetre per second (cm s-1)
m.k.s. unit
metre per second (m s-1)
S.I. unit
metre per second (m s-1)
Velocity:
c.g.s. unit
centimetre per second (cm s-1)
m.k.s. unit
metre per second (m s-1)
S.I. unit
metre per second (m s-1)
Q6. Convert following speeds ointo ms-1.
Note:Conversion Factor: km h-1x (5/18) = ms-1
a) 18 km h-1
18 km h-1x (5/18) = 5 ms-1
b) 63 km h-1
63 km h-1x (5/18) = 17.5 ms-1
c) 99 km h-1
99 km h-1x (5/18) = 22.5 ms-1
d) 108 km h-1
108 km h-1x (5/18) = 30 ms-1
Q7. Convert following speeds ointo km h-1.
Note:Conversion Factor: m s-1 x (18/5) = km h-1
a) 2 m s-1
2 m s-1x (18/5) = 7.2 km h-1
b) 10 m s-1
10 m s-1x (18/5) = 36 km h-1
c) 12.5 m s-1
12.5 m s-1x (18/5) = 45 km h-1
d) 15 m s-1
15 m s-1x (18/5) = 54 km h-1
Q8. When is the instantaneous speed is same as average speed?
When body is moving with uniform speed, then the instantaneous speed is same as average speed.
Q9. Which of the quantity, velocity or acceleration determines the direction of motion?
Velocity is the quantity which determines direction of the motion. The positive or negative sign of velocity indicated the direction of motion, while positive or negative sign of the acceleration merely indicates whether velocity is increasing or decreasing.
Q10. Give one example each type of following motions:
Uniform velocity: Motion of light in vacuum
Variable velocity: Motion of a train departing from station
Q11. Give an example of motion in which average speed is not zero, but average velocity is zero.
Uniform circular motion.
Short Answer Type Questions:
Q1. What are the characteristics of speed?
The characteristics of speed are as follows:
The rate of change of distance with time is called the speed of the body.
It is a scalar quantity
Speed is always positive.
In a circular motion, after executing a complete circle, the average velocity of the body is zero but its average speed is not zero.
Q2. What are the characteristics of velocity?
The characteristics of velocity are as follows:
The rate of change of displacement of a body with respect to time is called as the velocity of the body.
It is a vector quantity.
The velocity can be positive, negative or zero.
In a circular motion, after executing a complete circle, the average velocity of the body is zero but its average speed is not zero.
Q3. Distinguish between speed and velocity
Speed
Velocity
The rate of change of distance with time is called the speed of the body.
The rate of change of displacement of a body with respect to time is called as the velocity of the body.
Speed = Distance / Time
Velocity = Displacement / Time
It is a scalar quantity
It is a vector quantity.
Speed is always positive.
The velocity can be positive, negative or zero.
Q4. Distinguish between uniform velocity and non-uniform velocity.
Uniform Velocity
Non-Uniform Velocity
When the magnitude and direction of the velocity of a body remain the same at any instant, then the body is said to have uniform velocity.
When the magnitude of velocity or the direction of velocity or both changes at any instant the body is said to have the nonuniform velocity or variable velocity.
The instantaneous velocity is constant.
The instantaneous velocity is not constant.
Body possesses no acceleration
Body possesses acceleratiion
Net forces acting on body are zero.
Net force acting on body are not zero.
Example: The velocity of light in a particular medium
Example: The velocity of train departing from station.
Q4. Explain the term ‘uniform velocity’ with suitable example.
When the magnitude and direction of the velocity of a body remain the same at any instant, then the body is said to have uniform velocity. Thus for body moving with uniform velocity, the instantaneous velocity is constant. Body has no acceleration,
For uniform motion acceleration, a = 0 and
Displacement = velocity × time.
Example: The velocity of light in a particular medium is uniform velocity. The velocity of sound in air at constant temperature is uniform velocity.
Q5. Explain. “A particle moving with uniform speed can have variable velocity”.
In case of uniform circular motion a particle moves along the circumference of the circle with uniform speed. Thus the magnitude of the velocity of the particle is constant. In case of circular motion, the direction of the velocity at any instant is perpendicular to the position vector of the particle at that instant. Thus the velocity is along the tangent to the circular path at that instant. In circular motion the position of vector changes continuously, hence the direction of the velocity changes continuously. Thus in the case of uniform circular motion, the magnitude of velocity is constant but its direction is changing continuously. Thus it is variable velocity. Thus a particle moving with uniform speed can have variable velocity.
Essay Type Answer Questions
Q1. When can body have non-uniform velocity?
When the magnitude of velocity or the direction of velocity or both changes at any instant the body is said to have the nonuniform velocity or variable velocity. In this case body has acceleration.
A body can have non-uniform velocity in the following three cases.
When the direction of the velocity of a body remains the same but its magnitude changes continuously then the body has variable velocity. e.g. a ball is thrown vertically upward.
When body is thrown vertically upward, the magnitude of velocity goes on decreasing but the direction of velocity remains the same (upward) till the body reaches the maximum height. At the highest point the velocity of the body is zero.
When the magnitude of the velocity of a body remains the same but the direction changes continuously then the body has variable velocity. e.g. uniform circular motion of a body.
When both the magnitude and direction of the velocity of body change continuously, then the body has variable velocity. e.g. ball thrown by making the acute angle with the horizontal (projectile motion)
When a body has variable velocity, then it has acceleration.
Concept Application:
Q1. A body moving al;ong a straight path covers one third of a distance with velocity of 5 kmph and rest of the path with a velocity of 20 kmph. Find average speed of the body.
Let ‘x’ be the total distance travelled by the body
we have speed = distance / time
∴ time = distance/speed
Time taken for the first part of journey = t1 = (x/3)/5 = x/15 hours
Time taken for the second part of journey = t2 = (2x/3)/20 = x/30 hours
Total time taken = t1 + t2 = x/15 + x/30 = x/10 hours
Average speed = Distance travelled /Time
∴ Average speed = x / (x/10) = 10 kmph
Q2. A horse runs straight north and covers a distance of 5 m, then turns east and travels a distance of 12 m in total time of 5 s. Calculate the speed and the velocity of the horse.
Distance travelled = OA + AB = 5 m + 12 m = 17 m
Speed = Total distance travelled / Total time taken
∴ Speed = 17/5 = 3.4 ms-1
By pythagoros theorem
OB2 = OA2 + AB2 = 52 + 122 = 25 + 144 = 189
∴ Displacement = OB = √189 = 13.75 m from O to B
Velocity = Displacement/Time taken
∴ Velocity = 13.75/5 = 2.75 ms-1 along vector OB
Q3. A bird sitting on a tree top at a height of 10 mfrom the ground to build a nest on the tree top. It starts picking up sticks lying below the tree at 9.00 a.m. and ends up at 9.20 a.m. During this interval it makes 10 trips up and down. Find the average speed and average velocity of the bird.
Total time taken = 9.20 a.m. – 9.00 a.m. = 20 min = 20 x 60 = 1200 s
Total distance travelled by the bird = 2 x height of tree x no. of trips
(Note 2 in the formula. It is for up and down in the trip)
∴ Total distance travelled by the bird = 2 x 10 x 10 = 200 m
Average speed = Distance travelled / Time
∴ Average speed = 200 /1200 = 1/6 = 0.167 ms-1
Now, the bird is returning to its original position
Displacement = 0
∴ Average velocity = Displacement / Time = 0/1200 = 0
Q4. Find speed and velocity of a tip of minute hand of a clock 7 cm longa) in 15 minutes b) in half an hour c) in 1 hour.
a) in 15 minutes
The starting point of journey is P and the end point is at Q
Velocity = Displacement / Time = 7√2/900 = 0.011 cms-1
b) in half an hour
The starting point of journey is P and the end point is at Q
Time taken = 30 min = 30 x 60 = 1800 s
Distance travelled = Circumference/2 = 2πr/2 = πr
Distance travelled = 3.142 x 7 = 22 cm
speed = distance /time = 22/1800 = 0.012 cms-1
Displacement = PQ = 2r = 14 cm
Velocity = Displacement / Time = 14/1800 = 0.008 cms-1
c) in 1 hour
The starting point of journey is P and the end point is at Q
Time taken = 1 hour = 60 min = 60 x 60 = 3600 s
Distance travelled = Circumference = 2πr
Distance travelled = 2 x 3.142 x 7 = 44 cm
speed = distance /time = 44/3600 = 0.012 cms-1
Displacement = PQ = 0 cm
Velocity = Displacement / Time = 0/3600 = 0 cms-1
Q5. A pencil is tied to one end of a string of length 14 cm and the other end is fixed to nail. If the time taken to draw a half circle and a full circle with the pencil is 2 s and 4 s, respectively. Find the speed and velocity (a) to draw a half circle and (b) to draw a full circle.
(a) to draw a half circle
The starting point of journey is P and the end point is at Q
Time taken = 2 s
Distance travelled = Circumference/2 = 2πr/2 = πr
Distance travelled = 3.142 x 14 = 44 cm
speed = distance /time = 44/2 = 22 cms-1
Displacement = PQ = 2r = 28 cm
Velocity = Displacement / Time = 28/2 = 14 cms-1
(b) to draw a full circle
The starting point of journey is P and the end point is at Q
Time taken = 4 s
Distance travelled = Circumference = 2πr
Distance travelled = 2 x 3.142 x 14 = 88 cm
speed = distance /time = 88/4 = 22 cms-1
Displacement = PQ = 0 cm
Velocity = Displacement / Time = 0/4 = 0 cms-1
Q6. A particle takes 8 s to travel from A to B through P and another particle travelling through Q takes 7 s. Find the speed and velocity of each particle.
a) Consider particle moving from A to B through P:
Time taken = 8 s
Distance travelled = AP + PB = 8 m + 6 m = 14 m
speed = distance /time = 14/8 = 1.75 ms-1
Displacement = AB = 10 m
Velocity = Displacement / Time = 10/8 = 1.25 ms-1
a) Consider another particle moving from A to B through Q:
Time taken = 7 s
Distance travelled = AQ + QB = 6 m + 8 m = 14 m
speed = distance /time = 14/7 = 2 ms-1
Displacement = AB = 10 m
Velocity = Displacement / Time = 10/7 = 1.43 ms-1
Q7. A particle takes 8 s to travel from A to B through P and another particle travelling through Q takes 10 s. Find the speed and velocity of each particle.
a) Consider particle moving from A to B through P:
Time taken = 8 s
Distance travelled = AP + PB = 9 m + 7 m = 16 m
speed = distance /time = 16/8 = 2 ms-1
Displacement = AB = 10 m
Velocity = Displacement / Time = 10/8 = 1.25 ms-1
a) Consider another particle moving from A to B through Q:
