Rajasthan

Appearance

Domestic Violence Act & Sexual Harassment Act ​

1. The Protection of Women from Domestic Violence Act, 2005

  • Enacted: 2005
  • Enforced: October 26, 2006 (Note: Enactment and enforcement dates differ)
  • Chapters: 5
  • Sections: 37

1.1 Chapter Overview:

Chapter No.TitleSectionsKey Content
1Preliminary1-2Section 2: Definition Clause
2Domestic Violence3Definition of Domestic Violence
3Powers & Duties of Service Providers & Protection Officers4-11Roles and powers of those assisting aggrieved women
4Procedure for Obtaining Relief12-29Process for obtaining relief, appeals
5Miscellaneous30-37Penal provisions

1.2 Section-wise Key Points:

  • Section 1: Short title, extent, and commencement.
  • Section 2: Definition clause: Defines domestic violence, woman, respondent.
  • Section 3: Details of Domestic Violence.
  • Section 4-11: Powers and duties of Protection Officers and Service Providers.
  • Section 12-29: Procedures for obtaining relief. Includes:
    • Section 17: Right to Residence (Residence Order)
    • Section 18: Protection Order
    • Section 19: Residence Order (differs slightly from Section 17)
    • Section 20: Monetary Relief
    • Section 21: Custody Order
    • Section 22: Compensation Order
    • Section 29: Appeals
  • Section 31 & 33: Penalties for respondent and Protection Officers for non-compliance.

1.3 Key Definitions:

  • Aggrieved Woman (Section 2(a)): A woman in a domestic relationship with the respondent and who alleges to be subjected to violence by the respondent.
  • Respondent: Not limited to males; includes any person causing domestic violence (e.g., mother-in-law, child). Definition evolved through case law (e.g., Narottam Lal Harsoora, Indira Sharma cases).
  • Domestic Relationship: More than one person residing together in a shared household, including marriage, blood relation, adoption, or live-in relationship.
  • Shared Household: Includes owned or rented property, temporary accommodation.

1.4 Types of Domestic Violence (Section 3):

  • Physical Abuse
  • Sexual Abuse (without consent, causing harm to dignity)
  • Emotional/Verbal Abuse (mental harassment, insults)
  • Economic Abuse (depriving woman of resources enjoyed by other family members).

1.5 Protection Officer: Appointed by the State Government based on population. Assists Magistrate, helps aggrieved women register complaints, provides shelter, medical/legal aid, and prepares a Domestic Incident Report (DIR).

1.6 Service Provider: Registered NGOs under the Cooperative Societies Act or non-profit organizations. Their role is to assist the aggrieved woman. Participation is voluntary.

2. Procedure for Hearing:

  • Any person with knowledge of domestic violence can file a complaint.
  • Hearing is on an urgent basis (first hearing within three days).
  • Notice to respondent within two days.
  • Case conclusion within 60 days.
  • Court can appoint experts or refer parties to counseling.

3. Reliefs:

  • Protection Order: Prohibits future domestic violence, communication with the woman, access to her workplace or child's school, and disposal of her assets.
  • Residence Order: Ensures the woman's right to reside in the shared household; may prohibit the respondent from specific parts of the house or require them to vacate. May include provision of alternative accommodation.
  • Monetary Relief, Custody Order, Compensation Order: Financial support, child custody, and financial compensation.
  • Penalties: For non-compliance by respondent or Protection Officer.

4. Hearing Procedure & Timelines (Continued from previous section):

  • Urgency: Hearings are conducted on an urgent basis. First hearing must occur within three days of complaint filing.
  • Notice to Respondent: Notice to the respondent is issued within two days of complaint filing. This allows for the hearing on the third day.
  • Case Conclusion: The case must conclude within 60 days.
  • Expert Appointments & Counseling: The court may appoint experts (scientific or theoretical) or refer parties to counseling if deemed necessary.

5. Reliefs (Continued from previous section):

  • Protection Order (Prohibitive): This order prohibits:

    • Future domestic violence.
    • Communication with the aggrieved woman.
    • Access to the woman's workplace or child's school.
    • Disposal of the woman's assets. This includes bank accounts and lockers. It also extends to preventing harassment of the woman's relatives.

  • Residence Order: Guarantees the woman's right to reside in the shared household. The court may:

    • Prohibit the respondent from specific areas of the house.
    • Order the respondent to vacate the house.
    • Provide alternative accommodation (at a standard of living equivalent to what the woman had before the violence, to prevent misuse of the system).

  • Monetary Relief: Covers expenses including:

    • Rent.
    • Treatment expenses.
    • Living expenses.
    • Medical expenses for both the woman and child (if applicable).

  • Custody Order: Granted upon the woman's request, after considering circumstances and resources available to the woman. Visiting rights for the respondent may be granted (subject to review based on the child's well-being).

  • Compensation Order: Covers financial losses incurred due to domestic violence, such as loss of income, medical expenses, and emotional distress (requires proof).

  • Penalties (Section 31 & 33): For non-compliance by the respondent or Protection Officer. Penalties include:

    • ₹200,000 fine.
    • One-year imprisonment.
    • Or both.

6. Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013:

  • Full Name: Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013. (Note: The words "Prevention," "Prohibition," and "Redressal" are important and may be tested.)

  • Origin: Based on the Vishaka Guidelines, stemming from the case of Bhawari Devi, who faced gang-rape and received inadequate police assistance. The Vishaka case (1997) led to the creation of 13 guidelines to address sexual harassment in the absence of a specific law. Further litigation (Medha Kotwal vs. Union of India, 2012) led to the eventual enactment of this law.

  • Structure: Contains eight chapters and 30 sections.

  • Key Sections:

    • Section 1: Enactment and enforcement information.
    • Section 2: Definitions (including the definition of "Aggrieved Woman").
    • Section 3: Prevention of sexual harassment (lists what constitutes sexual harassment).
    • Section 4-8: Internal Complaints Committee (ICC) formation and functions.
    • Section 9-11: Complaint procedures.
    • Section 12-18: Inquiry into complaints, including compensation and appeals.
    • Section 19-20: Duties of employers (ICC) and District Officers (Local Complaints Committee - LCC).
    • Section 21-30: Miscellaneous provisions, including penalties.

  • Definition of Aggrieved Woman: Any woman subjected to sexual harassment at her workplace, which includes a wide range of locations (offices, factories, universities, hospitals, even locations visited for work-related purposes). Domestic help is also covered.

  • Note: Both the Domestic Violence Act and the Sexual Harassment Act define "Aggrieved Woman" in Section 2. For exam purposes, it is recommended to specify the relevant act when defining it.

Sexual Harassment of Workplace Act, 2013 ​

This section continues from the previous summary, focusing on the structure and key sections of the Sexual Harassment of Workplace Act, 2013, drawing heavily from the provided transcript.

1. Historical Context:

  • The Act was enacted in 2013, following the Vishaka Guidelines issued by the Supreme Court in response to cases like Medha Kotwal v. Union of India. The Vishaka Guidelines highlighted the Parliament's inaction on the issue of sexual harassment.

2. Act Overview:

  • Structure: Eight chapters and 30 sections.
  • Key Chapters & Sections:
ChapterSection(s)TopicKey Points
11PreliminaryEnactment & enforcement information.
22DefinitionsDefinition of "Aggrieved Woman" (Section 2; also defined similarly in the Domestic Violence Act, Section 2).
33Prevention of Sexual HarassmentDefines what constitutes sexual harassment; lists prohibited acts.
44-8Internal Complaints Committee (ICC)Formation and functions; applies to workplaces with more than 10 employees.
59-11Complaint ProcedureFiling complaints (within 90 days, extendable under certain circumstances); details required.
612-18Inquiry into ComplaintsIncludes conciliation (if requested by the aggrieved woman), hearing procedures, compensation, and appeals. ICC has powers similar to a civil court. Time limit of 90 days.
719-20Duties of Employers & District OfficersDuties of employers (ICC) and District Officers (Local Complaints Committee - LCC).
821-30Miscellaneous ProvisionsPenalties.

3. Key Definitions:

  • Aggrieved Woman (Section 2): Any woman subjected to sexual harassment at her workplace (defined broadly to include various locations and situations, including domestic help). Specify the relevant act (Sexual Harassment or Domestic Violence Act) when defining for exams.

  • Employee (Section 2): Includes regular, part-time, probationary, trainees, daily wage earners, and contract employees.

  • Employer: HOD for government departments; person in charge/management/director for private offices; the person providing employment for domestic help.

4. Sexual Harassment (Section 2 & 3):

  • Definition (Section 2): Includes:

    • Physical contact and advances
    • Demand for sexual favors
    • Sexually colored remarks
    • Showing pornographic material
    • Verbal or non-verbal conduct of sexual nature

  • Prohibited Acts (Section 3):

    • Subjecting a woman to sexual harassment.
    • Making promises of favorable action or threats of unfavorable action in relation to employment.
    • Creating a hostile work environment.
    • Any other behavior causing threat to her safety.

5. Complaints Committees:

  • Internal Complaints Committee (ICC): For workplaces with more than 10 employees. Appointed by the employer; minimum three members, including a senior woman officer, one from an NGO, and others from employees (women in majority). The presiding officer is usually a senior woman officer.

  • Local Complaints Committee (LCC): For workplaces with fewer than 10 employees. Appointed by the District Officer; minimum three members, including a woman working for women's rights, one from an NGO, and a local woman employee (women in majority). The Chairperson must be a woman.

6. Complaint Procedures:

  • Time Limit: 90 days from the incident (extendable under certain circumstances).
  • Filing: In writing; assistance provided if the aggrieved woman cannot write.
  • Conciliation: Possible if the aggrieved woman requests; not applicable to monetary compensation.
  • Inquiry: If conciliation fails, an inquiry is conducted; both parties are heard; the committee has powers similar to a civil court (90-day time limit).
  • Report: Submitted to the District Officer (LCC) or employer (ICC).
  • Actions During Pendency: Committee can recommend interim relief (e.g., leave).

7. Circumstances triggering LCC complaint:

  • Employer fails to constitute an ICC (even if >10 employees).
  • Complaint is against the employer.
  • Complaint involves domestic help.

6. Complaint Procedures (Continued):

  • Complaint Filing: In writing; assistance provided if the aggrieved woman is illiterate.
  • Time Limit: 90 days from the incident (extendable by 90 days under exceptional circumstances, e.g., hospitalization). Detailed incident description (accused's name, date, time, etc.) is required; vague details may invalidate the complaint.
  • Conciliation: Possible if requested by the aggrieved woman. Not applicable to monetary compensation; may involve transfer, leave, or apology.
  • Inquiry: If conciliation fails, a formal inquiry is conducted. Both parties are heard; the committee has powers similar to a civil court (including summoning witnesses and evidence). 90-day time limit applies.
  • Report Submission: To the District Officer (LCC) or employer (ICC).

7. Circumstances Triggering LCC Complaint (Continued):

  • Employer Non-Compliance: Employer fails to constitute an ICC in workplaces with more than 10 employees.
  • Complaint Against Employer: The complaint is filed against the employer.
  • Domestic Workers: Complaints involving sexual harassment of domestic workers (no separate complaint committee exists for them).

8. Duties of the Employer (ICC):

  • Safe Environment: Creating a safe and friendly work environment to prevent sexual harassment.
  • ICC Formation & Action: Establishing and actively utilizing the ICC; mere formation is insufficient.
  • Awareness Workshops: Organizing awareness workshops for employees.
  • Legal Support: Providing legal assistance to aggrieved women choosing legal action.
  • Displaying Awareness Messages: Publicly displaying notices regarding sexual harassment policies and consequences.

9. Penalties for Employer Non-Compliance:

OffensePenalty
First Offense₹50,000 fine
Second Offense₹100,000 fine or license cancellation

Note: The District Officer shares similar duties to the employer in the context of the LCC (Sections 19 & 20). The specific section numbers referenced (12, 19, 20, 26) may be useful for referencing the relevant legislation.