CHAPTER - III

LEGAL
SAFEGUARDS
PROVIDED
FOR THEIR
PROTECTION.
 Women constitute a thick part of the society. At
present women have absorbed themselves in various
occupation by working in almost all types of jobs despite
obstructions from their kith and kin. Securing gender
equality has been one of the major concerns of the women
since time immemorial. But in the present Scenario struggle
for legal equality has become one of the significant aim for
the women’s movement in the country. Inevitably, the
Constitution vests in the Legislature powers, privileges,
freedoms and immunities that are necessary functional,
attributes of the house and of the members and committees
of such legislature. The most important function of the
legislature is “to make law”. The legislature have been
authorised to enact laws for the protection of women from
the prejudices occurring against them from ages. A plethora
of legal safeguards are provided in India for the protection of
the rights of women in India.

A: RIGHTS OF WOMEN IN INDIA

Since the end of Second World War the concern about

the rights of women was started at world level. In India the
constitution of India and other laws enacted from time to
time confer different rights to the women. The constitution
of India and the legislature has shown a positive regard for
the protection of rights of women in India since decades.
The different rights which the Indian women enjoy are as
follows:
 Constitutional Rights-

The Indian Constitution, the Supreme law of the land

assures with regard to the dignity of women certain rights.
The rights guaranteed by the constitution to the women in
India are-

• Right to equality.

• Right to freedom

• Right against exploitation.

• Human rights

• Right of reservation

• Right to freedom of religion.

• Cultural and educational rights.

• Right to constitutional remedies.

• Women reservation in elections to local bodies.

The constitution of India being the fundamental and

Supreme Law of the land has several reflections in the area
of women. The Supreme Law of the land ensures the dignity
of the individuals irrespective of their sex, race, caste,
community and place of birth enshrining the concept of
justice, liberty, equality and fraternity. Regarding gender
justice the Indian constitution contains many provisions.
The preamble being the key to the constitution of India
declares equality of status and of opportunity and to
promote it among them all. The fundamental Rights in the
 constitution of India contained in Part-Ill, Articles 12 to 35
are applicable to all the citizens irrespective of sex and
specific provisions are provided for the protection of the
women’s rights. “The fundamental rights represent the basic
values cherished by the people of India since the Vedic times
and they are calculated to protect the dignity of the
individual and create conditions in which every human
being can develop his personality to the fullest extent”.1 The
Fundamental Rights are incorporated in the nature of Right
to Equality (Article 14-18), Right to freedom (Article 19-22),
Right against exploitation (Article 23-24), Right to freedom of
religion (Article 25-28), Cultural and Educational Right (29-
30) and Right to Constitutional Remedies (Articles 32-35), in
the Constitution of India.
Article 42 directs the state to make provision for
securing just and human conditions and for maternity relief.
Article 44 requires the state to secure for the citizens a
uniform civil code throughout the territory of India. In a
historic judgement2 the Supreme Court has directed the
Prime Minister Narsimha Rao to take fresh look at Article 44
of the constitution which enjoins the state to secure a
uniform civil code which, according to the court is
imperative for both protection of the oppressed and
promotion of national unity and integrity. Article 51-A was
added in the Constitution of India in the new part IV-A by
the 42nd amendment, 1976 as fundamental duties of every
citizen of India and 51 -A clause (e) states it shall be the duty
 of every citizen of India to promote harmony and the spirit of
common brotherhood amongst all people of India
transcending religious, linguistic and regional or, sectional
diversities, to renounce practices derogatory to the dignity of
women.
Women’s economic rights -

Women in India are given the economic rights under

the constitution and other laws. Article 19 (l)(g) of the
Constitution of India provides freedom of right to practice
any profession or carry on any occupation, trade or
business. Under Directive Principles of State Policy certain
provisions are also provided for the women. Article 39
specifically requires the state to direct it’s policy towards
securing economic justice for the women. 39 (a) provides
equal right for men and women to adequate means of
livelihood and 39(d) provides equal pay for equal work for
both men and women. In the sphere of labour law, a special
position has been given to the women. The Equal
Remuneration Act 1976: Article 39 of Constitution of India
specifically directs the states to secure equal pay for equal
work for both men and women. This Act provides the
provision for payment of equal remuneration to men and
women workers for the same work and work of a similar
nature and for the prevention of discrimination on grounds
of sex.3 The Factories Act, 1848: Under this Act,
employment of women is prohibited during night and at
dangerous operation. No woman is required to work in a
 factoiy for more than 9 hours. However recently it has been
facilitated for night shifts for women workers. Maternity
Benefit Act, 1961: Section 4 of the Act, prohibits
employment on work by women under certain
circumstances, Section 5, defines payment of maternity
benefit for a maximum period of 12 weeks. Under Section 8
every woman entitled to maternity benefit shall be entitled to
receive a medical bonus of 250 rupees. Under Section 10,
leave for one month is available in case a woman who is
suffering from illness arising out of pregnancy, delivery and
premature birth of child etc. Under Section 11, every
woman who returns to duty after delivery shall be allowed
two nursing breaks until the child attains the age of 15
months. These provisions are applicable to the casual
women employees also. Employee’s State Insurance Act,
1948: Section 50. lays down that the qualification of an
insured woman to claim maternity benefit, the conditions
subject to which such benefit may be given, the rates and
period thereof shall be such as may be prescribed by the
central Government.
Women’s personal rights -
Under the different personal laws the rights and
privileges of women varies in form and nature. In the
context of marital rights Hindu Women Governed by Hindu
Marriage Act, 1955; Hindu Widows Remarriage Act, 1856;
Family Courts Act, 1984; Muslim Women Governed by the
Sariat Law, Muslim Women (Protection of Rights and

©
 Divorce) Act, 1986; Dissolution of Muslim Marriages Act,
1939; Christian Women Governed by a number of Laws in
India.
• Indian Christian Marriage Act, 1872.

• The Marriage’s Validation Act, 1892.

® The Cochin Christian Civil Marriage Act, 1905.

• The Indian Matrimonial Causes (war marriages) Act,

1948.

• The Convert’s Marriage Dissolution Act, 1866.

• The Indian Divorce Act, 1869.

• The Special Marriage Act, 1954 etc.

Regarding the right to maintenance there are different laws
for the women belonging to different religions. They are as
follows:

• Hindu Marriage Act, 1955.

• Hindu Adoption and Maintenance Act, 1956.

• Muslim Women (Protection of Rights on Divorce) Act,

1986.
• Section 125 - 128 of Criminal Procedure Code, 1973.
• Special Marriage Act, 1954.
Relating to other personal concepts of women in India
a few laws are there.
• Hindu Adoption and Maintenance Act, 1956.
 • Hindu Minority and Guardianship Act, 1956.
• The guardian and wards Act, 1890.

• Indian Majority Act, 1975 etc.

Women’s political rights -
The political rights sanctioned to women by the Indian
Constitution are female enfranchisement and eligibility for
the elective bodies - from Parliament to Local Bodies. In
1919, on the recommendations of the joint select committee,
the Government of India Act, 1919 left the question of
women’s suffrage to the Indian provincial legislature. In
1932, the British Government explicitly applied communal
principles to women’s franchise and representation. The
73rd and 74th Amendments to the Indian Constitution
effected in 1992 provides for reservation of seats to the
women in Elections to the Panchayat and the Municipalities.
This is the first attempt by the Parliament to provide
reservation for woman in elections. Article 243-D and 243-T
of the constitution has been provided reservation of seats in
Panchayats and Municipalities.
Woman’s property right -
Under the Hindu Succession Act, 1956, the traditional
property right which was limited has become the absolute
right of women in the properties got by her under section
14. Under section 6 of the said Act, when a male Hindu dies
leaving behind female coparcener, the interest in the
 coparcenary property shall devolve to the female relative by
survivorship. Regarding the property rights of women in
India there are specific provisions in different laws i.e. -
• Hindu Succession Act, 1956.

• Indian Succession Act, 1925.

• Muslim Personal Law (Shariat Law).

• Hindu Women’s Right to Property Act, 1937.

• The Married Women’s Property Act, 1974.

Social rights -

Indian women enjoy certain social rights and

protections separately under the criminal laws. Besides the
major criminal Acts there are some other enactments
relating to crime against women in India. They are as
follows:-
• The Dowry prohibition Act, 1961 was enacted to
prohibit the evil practice of giving and taking of dowry.

• The Pre-Natal Diagnostic Techniques (Regulation and

Prevention of Misuse) Act 1994 was enacted to prevent
the misuse of sex-determination, to prevent female
infanticides.
• The Medical Termination of Pregnancy Act, 1971 has
passed to provide for the termination of certain
pregnancies by registered Medical Practitioners and
other matters connected with such termination.
The Immoral Traffic (Prevention) Act, 1956, was
enacted for the purpose of eradicating the exploitation
of prostitution against women in India.
The Indecent Representation of Women (Prohibition)
Act, 1986 was passed to prohibit indecent
representation of women through advertisements or,
in publications, writings, paintings, figures and in any
other manner.

The Commission of Sati (Prevention) Act 1987 was

enacted to check the evil practice of “sati”.

The Domestic Violence Act, 2005 - Recently the Indian

Parliament has passed Domestic Violence Act, 2005
for the protection of women from violence’s in the
domestic sphere and it also got assent of the
President. The Domestic Violence Act, 2005 aims at
protecting women from verbal, emotional, economic
and sexual abuses and offering free legal services to
such victims. It is expected to provide more effective
protection of rights of women guaranteed under the
Constitution who are victims of violence of any kind
occurring within the family and for matters connected
therewith or incidental thereto. The Act provides that
the aggrieved person may be provided shelter if need
be in the shelter home and will also be provided
medical facilities. The Act further provides, the state
governments, may appoint by notification such
 number of protection officers, as far as possible
women, in each district as may be considered
necessary and shall notify the area or the areas within
which a protection officer may exercise the powers and
perform duties conferred on him by or under this Act.
This is a significant step no doubt taken by the Indian
lawmakers yet the specific legislation for protection of
sexual harassment of workingwomen is to be placed
for consideration.

B. “PROTECTION OF SEXUAL HARASSMENT OF

THE WORKING WOMEN”-THE VALUABLE RIGHT
OF WORKING WOMEN.
Protection of “Sexual harassment “at the workplace” is
preservation and enforcement of the right to gender equality
of the workingwomen. Sexual harassment of the
workingwomen results in violation of fundamental right to
gender equality and right to life and liberty - the most
significant fundamental rights guaranteed by the
Constitution of India. It is one of the manifest form of
violation against workingwomen. There is requirement of
special treatment regarding security at the workplace for
women workers as compare to the men workers. The ILO
conventions also inspired for the protection and security of
women workers. Article 22 of the Universal Declaration of
Human Rights states that “Everyone as a member of society
has the right to social security and is entitled to realisation
and resources of each state of economic, social and cultural

©
 rights indispensable for his dignity and the free development
of his personality”. Sexual harassment of the workingwomen
is a form of human aggression that resulted both in mental
and physical damage. While the woman faces the
harassments caused by the male counterparts in the
workplace, she is not only physically injured, but also
psychologically hurt by which her positive regard is
wounded. Such kind of harassment damages her self-
concept and in some instances the result leads to commit
suicide. Injury to the psychology and self concept of a
woman can be considered as the infringement of one of the
valuable right of the workingwomen. “All laws which prevent
women from occupying such a station in society as her
conscience shall dictate, or which place her in a position
inferior to that of man, are certainly to the great precept of
nature, and therefore no force or authority”.4
Remarkably, public bodies and institutions in both
Britain and North America began to see Sexual harassment
as a serious cause for concern and therefore, started
formulating specific codes of practice and grievance
procedures to deal with it. However “sexual harassment
actions in the United Kingdom have been founded on claims
of discrimination and largely confined to the law relating to
employment”.5 “According to the European Commission
recommendation on the protection of the dignity of man and
woman at work “conduct of sexual nature or other conduct
based on sex affecting the dignity of women and men at

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 work is unacceptable if such conduct is unwanted,
unreasonable and offensive to the recipient”.6 Sexual
harassment of workingwomen is generally argued to be
employment discrimination based on gender. Sexual
harassment at the workplace is considered to be serious
nature of problem which pollute the work environment by
sexual misconduct. Sexual harassment of workingwomen is
infringement of fundamental rights of women. Article
19(l)(g) confers the right to carry on any occupation, trade
or, profession, for which there is requirement of safe work
environment with human dignity. In Maneka Gandhi’s case7
the court gave a new dimension to Article 21 and held that
the right to live’ is not merely confined to physical existence,
but it includes within it’s ambit the right to live with human
dignity. Women at the workplace are negatively affected by
such kind of harassment which treats their sex as a
significant element of their employment and paralyses the
progress of women also.

C: INTERNATIONAL LEGAL SAFEGUARDS.

The decade for women began in 1975 with a meeting
in Mexico City following U.N. conferences on women in
Copenhagen in 1980, in Nairobi in 1985 and in Beijing in
1995. The 1979 Convention on the Elimination of all forms
of Discrimination Against Women did not mention violence
against women as a specific issue. However in 1989 the
Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW) adopted a recommendation that
 defining gender violence as a form of discrimination placing
it squarely within the rubric human rights and fundamental
freedoms and making clear that states are obliged to
eliminate violence perpetrated by public authorities and by
private persons.8 “Although individuals are not legally liable
under international human rights law, states are
responsible for their failures to meet international
obligations, even for acts done by private persons if they fail
to make an effort to eliminate or mitigate the acts”.9
At international level a little protection has been
provided through the content of the Convention on the
Elimination of all forms of Discrimination Against Women.
The said convention is overwhelmingly non discriminatory
with the goal of equality of women with men. Article -1 of
the convention defines discrimination against women as
“Any distinction, exclusion as restriction made on the basis
of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a
basis of equality of men and women of human rights and
fundamental freedoms in the political, economic, social,
cultural, civil or any other field”. Article 10, of the
Declaration on the Elimination of all forms of Discrimination
Against Women states, all appropriate measures shall be
taken to ensure to women, married or unmarried, equal
rights with men in the field of economic and social.
According to Article 11 of the convention of the Elimination
of all forms of Discrimination Against Women the states
 parties were required to take all appropriate measures to
eliminate discrimination against women in the field of
employment.

In the last few years there has been a major increase

in legislative attention in several countries. Specifically in
1995 legislation declaring Sexual harassment to be a
prohibited activity declared by several countries.

• In Argentina, the Presidential Decree of 18 November

1993 penalises sexual harassment in public service.10

• A Bill on sexual harassment (No.77-332 of 29 May,

1995) is awaiting for enactment in Chile.11

• The Act. No.7476 on sexual harassment in employment

and education was enacted in February 3, 1995 in
Costa Rica.12

• The Anti-sexual Harassment Act No.7877 was enacted

on 8th February, 1995 in the Philippines. Besides this
Act, administrative order No.80/1991 “Policy against
sexual harassment” was passed by the Department of
Labour and Employment also plays as the law on sexual
harassment in the workplace which was weak because it
did not contain penalties for violations.13

• In New Zealand. The Human Rights Act, 1993 was

amended specifically covering sexual harassment which
came into force in 1994.14
 In South Africa “Green Paper on Employment Equity”
proposes to ban sexual harassment on job published on
Government Notice 804 of July, 1996.15

Austria, where the Equality of Treatment Act, 1979

(which did not explicitly cover sexual harassment) was
amended by Act No.83/1992, in force on 1 January
1993, to include sexual harassment by an employer or a
third party within the concept of prohibited sexual
discrimination for which damages can be claimed. Still
in Austria, Federal Act, No. 100/1993 of 13 February
1993 concerning the federal public service equates
sexual harassment with prohibited sexual
discrimination.16

Belgium, where the Royal Order of 18 September 1992

concerning protection of workers against sexual
harassment in workplaces is complemented by the Royal
Order of 9 March 1995 concerning federal ministries;
both texts specifically prohibit such behavior.17

Finland, where Act No.206 of 17 February 1995 amends

the Equality Act, 1986.18

Germany where the Second Act on Equality for Men and

Women of 24 June 1994, in section 10, comprises
several Acts including the Employee Protection act to
safeguard the dignity of women and men by protecting
against sexual harassment.19

O
 • Ireland, where the Employment Equality Bill No.38 of
1996 contains a comprehensive ban on sexual
harassment.20
• Italy, where a Senate Labor Commission Bill to combat
sexual harassment in the workplace is currently under
discussion.21
• Malta, where amendments to the employment legislation
were to be tabled in Cabinet in 1995; they were to
include protection of the dignity of all employees against
unacceptable behavior, including sexual harassment.22

• Switzerland, where the Federal Act on Equality between

Women and Men, dated 24 March 1995 and in force on
1 July 1996, deems sexual harassment to be a case of
prohibited sexual discrimination.23

• The United Kingdom, where the Sexual Discrimination

and Employment Protection (Remedies) Regulations of
22 November 1993 removed the previous £1,000 ceiling
on damages to be paid to victims of sexual
discrimination, so as to bring the situation in the United
Kingdom into compliance with the decision of the
European Court of Justice.24

• In Malayasia, the occurrences of sexual harassment at

workplace have become worrying trend as more and
more women join the workforce. In august 1999, the
ministry of Human Resources Lurched the code of
practice on the prevention and eradication of sexual

b €>
 harassment in the workplace as a first concrete step
towards recognising the seriousness of the issue.
Malayasia has ratified CEDAW and in August, 2001
Malayasia amended Article 8 (2) of the Federal
constitution to include gender recognising women as
equal citizens. Recently in the United States, in the
107th congress, the legislation on the victim’s Economic
Security and safety Act (VESSA) was introduced to
guarantee workplace safety and job security for victims
of sexual and domestic violence.25

D. CONSTITUTIONAL MANDATES FOR THE

PREVENTION OF SEXUAL HARASSMENT
OF WORKING WOMEN.
“Half of the Indian population too are women who have
always been discriminated against and have suffered and
are suffering discrimination in silence, self sacrifice and self
denial are their nobility and fortitude and yet they have been
subjected to all inequalities, indignities and
discrimination”26. The increasing incidents of crime against
women is a pointer to the fact that the burgeoning
population of the country has lost it’s scruples. The growing
materialistic attitude in it’s ruthless pursuit has pushed to
the background of the basic human values like respect for
women. The inflated crime chart against women clearly
indicates certain inherent weaknesses in the myriad Laws
not capable to protect women against atrocities and unjust
treatment.27 Sexual harassment caused to the working
 women by their male counterpart and other members of the
society is the most vulnerable crime against women. The
legal protection for sexual harassment at workplace that is
available to the Indian women generates from the various
provisions of the constitution of India. Article 14 of the
Indian constitution provides Right to Equality which is
equality to work with human dignity protecting the
workingwomen from sexual harassment also. Article 14 of
the Indian constitution reads as “The state shall not deny to
any person equality before law or the equal protection of the
laws within the territory of India”28. “If an illegality or
irregularity has been committed in favour of any individual
the other cannot invoke the jurisdiction of the courts that
same irregularity or illegality be committed by state,
because equality before law is a positive concept. Job
segregation, poor pay and working conditions are some of
the disincentives for women to participate in the labour
market”29. Article 15 of the Indian constitution prohibits
discrimination on grounds of religion, race, caste, sex or
place of birth. Article 15(1) reads as “The state shall not
discriminate against any citizen on grounds of religion, race,
caste, sex, place of birth or any of them. Article 15(3) reads
as nothing in this article shall prevent the state from
making any special provision for women and children”30.
Article 19(l)(g) guarantees that all citizens shall have
the right “to practice any profession or to cany on any
occupation, trade or business”. So the state cannot
 restraint a citizen to cany on business against his will.
Sexual harassment at the workplace prevent the women
workers to perform the work in a safety environment. The
conduct of sexual harassment makes the work environment
as hostile environment which is an obstacle for the women
to find themselves in a secure workplace. “It needs hardly
any argument to show that women have not so far acquired
complete equality with men any where in the world.
Inequality of women is seen in all the fields of life”31.
Sexual harassment at the workplace is discrimination
against women and violates Article 14 and 15 of the
constitution. Sexual harassment is one element of the
systematic discrimination faced by women. Article 21 lays
down that no person shall be deprived of his life or personal
liberty except according to “procedure established by Law”32.
Article 21 is characterised as “the procedural magna carta
protective of life and liberty”33. Maneka Gandhi’s case34 gave
a new dimension to Article 21. It held that the right to live’
is not merely confined to physical existence but it includes
within it’s ambit the right to live with human dignity.
Accordingly a set of guidelines was framed by the
Supreme Court in the case of Vishaka35. Even though the
constitution clearly makes provision for redressal in cases of
sexual harassment and move to the Supreme Court and
High Court yet many victims could not approach the legal
forums due to their incapacity arising out of poverty,
ignorance or other such socio economic backwardness. The
 various public spirited persons, NGOs have made good use
of the concept of public Interest litigation to take such
instances of sexual harassment to the lower courts and
obtained justice for the victims. In India public interest
litigation has a strong tradition. As Dr.B.R.Ambedkar has
told, “If I was asked to name any particular Article in the
constitution as the most important, an Article without which
this constitution would be a nullity. I could not refer to any
other Article except this one, Article 32. It is the veiy soul of
the constitution and the very heart of it”36.
Article 32 guarantees the right to move the Supreme
Court for the enforcement of fundamental rights. In this
present Scenario “Public Interest Litigation” has become a
dynamic approach for the enforcement of fundamental
rights. In some recent rulings the traditional rule of “locus
standi” has been relaxed by the Supreme Court of India and
in the case of S.P.Gupta37 the Supreme Court held that any
member of the public having “sufficient interest” can
approach the court for enforcing constitutional or, legal
rights of other persons. The women’s Right Activists mostly
use “Public Interest Litigation” as an instrument to achieve
the rights of women in India.
Article 51 A declares it fundamental duty of every
Indian citizen to renounce practices derogatory to the
dignity of women. This sacred duty enshrined in the
constitution goes a long way in upholding the dignity of
women in the Indian society. Sexual harassment in any
 form is a clear violation of this constitutional provision.
Even though these duties are not by themselves enforced.
The concerned legal provisions are good enough to take care
of the violations.

E: LEGAL SAFE GUARDS FOR THE PROTECTION

OF SEXUAL HARASSMENT OF WORKINGWOMEN
IN INDIA.
Though there is no specific legislation for sexual
harassment of women at workplace, the existing Acts both
major and minor criminal Acts provide certain provisions by
which the culprits of sexual offences at workplace may be
taken to task. The major and minor acts as existing today in
this aspect are as under:
(i) Penal provisions for the protection of Sexual
Harassment of working women: Under Indian Penal Code,
1860 there are few Sections i.e. Section 294, Section 354,
Section 375, Section 376 and Section 509 through which
sexual harassment of workingwomen can some what be
prevented. Section 294 lays down whoever, do any
annoyance of others, (a) does any obscene act in public
place or, (b) Sings, recites or utters any obscene songs,
ballad or words in or near any public place, shall be
punished with imprisonment of either description for a term
which may extend to three months or with fine or, with
both.
If any obscene act or, song cause annoyance in the
working place that can attract Section 294. “Annoyance” is
 the important ingredient for the above offence. Where the
accused addressed openly two respectable girls who were
strangers to him, in amorous words suggestive of illicit sex
relations with them and asked them to go along with him on
his rickshaw, he was held to have committed an obscene
act38. Where a Doctor was filthily abused in a public place
by dragging the name of his wife and he and some members
of the public were impelled to complain to the police, it was
held that there was sufficient indication of the fact that they
were all annoyed even though it was not stated or spoken to
by them in their evidence39.
Section 354 of Indian penal code states assault or,
criminal force to woman with intent to outrage her modesty,
“whoever assaults or, uses criminal force to any woman,
intending to outrage or, knowing it to be likely that he will
thereby outrage her modesty shall be punished with
imprisonment of either description for a term which may
extend to two years as with fine or, with both”. Police
officers committing cruelty upon a woman-worker who came
into the police station along with other workers have been
held liable to pay her compensation. Some labourers,
including a woman, were taken to a police station for some
work. When they demanded wages, they were beaten up.
The woman was stripped bare and thrashed. The matter
came before the Supreme Court in a writ petition under
Article 32 of the constitution. The Supreme Court held that
the offence under Section 354, IPC, was established in
 reference to the woman and awarded compensation to be
recovered from the salary of the guilty officers”40. Section
375, 376,376-A, 376-B, 376-C, 376-D, of IPC deals with the
offence of rape and punishment in different circumstances.
A man is said to commit ‘rape’ who, except in the case
hereinafter excepted, has sexual intercourse with a woman

• Against her will

• Without her consent

• With her consent, when her consent has been

obtained by putting her or, any person in whom she is
interested in fear of death or of hurt.

• With her consent, when the man knows that he is not

her husband, and that her consent is given because
she believes that he is another man to whom she is or,
believes herself to be lawfully married.

• With her consent, when at the time of giving such

consent, by reason of unsoundness of mind or,
intoxication or, the administration by him personally
or through another of any stupefying or, unwholesome
substance, she is unable to understand the nature
and consequences of that to which she gives consent.

• With or, without her consent, when she is under

sixteen years of age. And is punishable with
imprisonment for seven years or, for life or, may
extend to 10 years.
 Section 509 states about word, gesture or, act
intended to insult the modesty of a woman. Whoever,
intending to insult the modesty of any woman utters any
word, makes any sound or, gesture, or, exhibits any object,
intending that such word or, sound shall be heard, or, that
such gesture or, object shall be seen, by such woman, or
intrudes upon the privacy of such woman, shall be
punished with simple imprisonment for a term which may
extend to one year or, with fine or, with both. This Section
makes intention to insult the modesty of a woman is
essential ingredient of the offence. “Where the accused, a
University graduate, wrote a letter containing indecent
overtures and posted it in an envelope addressed to an
English nurse with whom he was not acquainted. It was
held that the accused intended to insult the modesty of the
nurse, and that the letter, though enclosed in an envelop,
was an object which was exhibited to the nurse to whose
address it was posted”41.

(ii) The Indecent Representation of Women

(Prohibition) Act, 1987 - Although it is not known to have
been used in case of sexual harassment, the provisions of
this Act have the potential to be used in two ways. Firstly if
an individual harasses another with books, photographs,
paintings, pamphlets, packages etc. Containing indecent
representation of women, they are liable for a minimum
sentence of 2 years. Secondly, “a hostile working
environment” type of argument can be made punishable
 under this Act. Section 7 (offences by companies) holds
companies where it has been “indecent representation of
women” (Such as the display of pornography) on the
premises are guilty of offences under this Act and
punishable with a minimum sentence of two years.42
(iii) Under Rule 5 Schedule 5 of Industrial Disputes Act,
1947 cases can be argued on the basis of unfair labour
practices. Shehnaz Mudbhatkal, a female employee has
been subjected to sexual harassment by her boss in 1985,
and dismissed when she complained to higher authorities.
Her case was won in 1996 when Bombay Labour Court
judged it to have been a case of unfair dismissal under the
Industrial Disputes Act43.
(iv) Under The Protection of Human Rights Act, 1993 a
little protection has been provided for the protection of
sexual harassment of the workingwomen; Section 2(d) of the
Act defines “human rights” means the rights relating to life,
liberty, equality and dignity of the individual guaranteed by
the constitution or, embodied in the international covenants
and enforceable by courts in India.
(v) The National Commission for Women Act, 1990 also
plays a vital role to prevent sexual harassment at the
workplace. The objective of enacting the said Act is to
constitute the National Commission for Women and the
main function of the commission is “investigation and
examination of all matters relating to the safeguards
 provided for women under the constitution of India and
other law.
In the absence of any specific law relating to sexual
harassment of workingwomen the norms and guidelines
passed by the supreme of India in the case of Vishaka,44
first time recognised sexual harassment at the workplace as
an offence. This guidelines only gives little protection to the
female employees, but not able to root out the problem, the
judgement of Vishaka is a new dimensional approach to the
field of sexual harassment at the workplace subsequently
followed.
The National Commission for Women has prepared the
“CODE OF CONDUCT FOR WORKPLACE” in accordance
with the norms and guidelines given in the judgement of
Vishaka, the code of conduct is as follows:
Code of Conduct for Work Place: Sexual harassment is a
serious criminal offence which can destroy human dignity
and freedom. In an effort to promote the well being of all
women employees at the work place the following code of
conduct has been prescribed:-
1. It shall be the duty of the employer to prevent or
deter the commission of any act of sexual
harassment at the work place.
2. Sexual harassment will include such unwelcome
sexually determined behaviour by any person either
individually or in association with other persons or
 by any person in authority whether directly or by
implication such as:-
(i) Eve-teasing
(ii) Unsavory remarks
(iii) Jokes causing or likely to cause awkwardness or
embarrassment
(iv) Innuendos and taunts
(v) Gender based insults or sexist remarks
(vi) Unwelcome sexual overtone in any manner such as
over telephone (obnoxious telephone calls) and the like
(vii) Touching or brushing against any part of the body and
the like
(viii) Displaying pornographic or other offensive or
derogatory pictures, cartoons, pamphlets or sayings.
(ix) Forcible physical touch or molestation
(x) Physical confinement against one’s will and any other
act likely to violate one’s privacy.
And includes any act or conduct by a person in
authority and belonging to one sex which denies or would
deny equal opportunity in pursuit of career development of
otherwise making the environment at the workplace hostile
or intimidating to a person belonging to the other sex, only
on the ground of sex.
 Explanation: Where any comment, act or conduct is
committed against any person and such person has a
reasonable apprehension that,
1. It can be humiliating and may constitute a health and
safety problem, or
2. It is discriminatory, as for instance, when the woman has
reasonable grounds to believe that her objection would
disadvantage her in connection with her employment or
study, including recruitment or promotion . or
advancement or when it creates a hostile environment, or
3. It would result in adverse consequences if she does not
consent to the conduct or raises any objection, it shall be
deemed to be sexual harassment.
3. Eve-Teasing: Eve-teasing will include any person
willfully and indecently exposing his person in such a
manner as to be seen by other employees or use indecent
language or behave indecently or in a disorderly manner in
the workplace. It will also include any work, gesture or act
intended to insult the modesty of a woman by making any
sound or gesture or exhibit any object intending that such
word or sound shall be heard or that such gesture or object
shall be seen by such women or intrudes upon the privacy
of a woman employee.
4. Sexual harassment of an employee means use of
authority by any person in charge of the management or any
person employed by it to exploit the sexuality or sexual
 identity of a subordinate employee to harass her in a
manner which prevents or impairs the employee’s full
utilisation of employment benefits or opportunities. It also
includes behaviour that covertly or overtly uses the power
inherent in the status of the employer or the head of the
institution or management to affect negatively an employee’s
work experience or career opportunities and/ or to threaten,
coerce or intimidate an employee to accept sexual advances
or making employment decision affecting the individual or
create an intimidating, hostile or offensive working
environment.
5. It shall be the duty of the employer to prevent or deter
the committing of any act of sexual harassment at the work
place.
6. All employers should take appropriate steps to prevent
sexual harassment of any nature. Express prohibition of
sexual harassment should be notified at the workplace and
also published for the general information of the employees
and evaluated in an appropriate manner periodically.
7. Appropriate working conditions should be provided in
respect of work, leisure, health and hygiene to ensure that
there is no hostile environment towards women at the
workplace and no woman employee should have reasonable
grounds to believe that she is disadvantaged in connection
with her employment in that organisation.
8. Women employees should not be treated as sex
objects.
9. No male employee shall outrage or insult the modesty
of a female employee at the workplace.
10. No male employee shall make any type of sexual
advances to woman colleagues or woman subordinates.
11. The head of the organisation shall constitute a
Complaints Committee as specified in the judgement of the
Supreme Court. I.e. the Committee should be headed by a
woman and not less than half of its members should be
women. Further to prevent the possibility of any undue
pressure or influence from senior levels such Complaints
Committee should involve a third party either a non
governmental organisation or other body who is familiar
with the issue of sexual harassment.
12. Conducting Enquiry By The Complaints Committee:
(i) Any person aggrieved shall prefer a complaint before the
Complaints Committee at the earliest point of time and
in any case within 15 days from the date of occurrence
of the alleged incident.
(ii) The complaint shall contain all the material and relevant
details concerning the alleged sexual harassment
including the names of the contravenor and the
complaint shall be addressed to the Complaints
Committee.
 (iii) If the complainant feels that she cannot disclose her
identity for any particular reason the complainant shall
address the complaint to the head of the organisation
and hand over the same in person or in a sealed cover.
Upon receipt of such complaint the head of the
organisation shall retain the original complaint with
himself and send to the Complaints Committee a gist of
the complaint containing all material and relevant
details other than the name of the complainant and
other details which might disclose the identity of the
complainant.
13. The Complaints Committee shall take immediate
necessary action to cause an enquiry to be made discreetly
or hold an enquiry, if necessary.
14. The Complaints Committee shall after examination of
the complaint submit its recommendation's to the head of
the organisation recommending the penalty to be imposed.
15. The head of the organisation, upon receipt of the
report from the Complaints Committee shall after giving an
opportunity of being heard to the person complained against
submit the case with the Committee’s recommendations to
the management.
16. The management of the organisation shall confirm
with or without modification the penalty recommended after
duly following the prescribed procedure.
 17. Disciplinary action: Where the conduct of an
employee amounts to misconduct in employment as defined
in the relevant service rules the employer should initiate
appropriate disciplinary action in accordance with the
relevant rules.

18. Workers’ initiative: Employees should be allowed to

raise issues of sexual harassment at workers’ meeting and
in other appropriate fora and it should be affirmatively
discussed in periodical employer-employee meetings.

19. Third party harassment: Where sexual harassment

occurs as a result of an act or omission by any third party
or outsider the employer and the persons in charge shall
take all steps necessary and reasonable to assist the
affected person in terms of support and preventive action.

20. Annual report: The Complaints Committee shall

prepare an Annual Report giving a full account of its
activities during the previous year and forward a copy
thereof to the Head of the Organisation concerned who shall
forward the same to the government department concerned
with its comments.

Savings: Nothing contained in this code shall

prejudice any right available to the employee or prevent any
person from seeking any legal remedy under the National
Commission for Women Act 1990. Protection of Human
Rights Commission Act 1993 or under any other law for the
time being in force.
 Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the
employer shall initiate appropriate action in accordance with
law by making a complaint with the appropriate authority.

In particular, it should ensure that victims or

witnesses are not victimised or discriminated against while
dealing with complaints of sexual harassment. The victims
of sexual harassment should have the option to seek
transfer of the perpetrator or their own transfer.

F: AN ASSESSMENT ON THE EXISTING LAWS.

The protections provided under the existing laws of
India are just like a rope of sand only. Vacuity of legal
system in-this area is very regretful. “Sexual Harassment” at
the workplace has become the obscene impediment for the
women employees in India. It creates obstacles like fear,
anxiety, intimidation, discourage among women employees
to progress in their service career and to achieve the right of
equal employment opportunity. In the absence of any
specific legislation it is impossible to eradicate such a
vulnerable evil from the society. The protection under
existing laws are not adequate. The general criminal
jurisprudence on which the Indian criminal laws stand let
thousand criminals be freed, but one innocent should not be
punished, which gives the scope for escaping routes for the
culprits. Treating the offence of sexual harassment at
workplace in similar lines just do not serve the purpose. It
needs special attention.
 To attract Section 294 of Indian Penal Code annoyance
is an important ingredient. And annoyance must be caused
by the obscene act or song. The word “modesty” has not
been defined in the Indian Penal Code. In the absence of
specific definition practical use of the word still depend on
it’s dictionary meaning which is considered synonymous
with prudery. Mens rea is the important ingredient to attract
section 354 of IPC, any evidence explaining the defendants
conduct, whether an admission by him or, otherwise, is
admissible to establish whether he intended to commit an
indecent assault. “The nine year old school going girl was
criminally assaulted by the accused, her evidence was
corroborated and the accused had no explanation as to why
she and her father would falsely implicate him, his
conviction under section 354 was upheld”45.
As section 5Q9 of IPC is concerned, there is
requirement of the essential ingredients which are “Intention
to insult the modesty of a woman” and “The insult must be
caused by uttering any word or making any sound or
gesture or by intruding upon the privacy of woman”. If
intention can’t be proved that does not constitute as an
offence under this section46.
Under Indian Penal Code offences under section 294,
354, 509 are the major crimes that could be committed
against a workingwoman. The major difficulty in
establishing an offence under Section 354 is that the act of
the accused must be against the modesty of a woman.
 Unfortunately the term modesty under the section lacks
clarity. Even though judicial interpretation have been able
to bring about some extent of clarity, still a lot of confusions
remains in the term resulting in acquittal of many offenders.
Similarly, under section 509 criminal intention is the main
criteria in establishing the guilt of an offender. But it is
experienced that in cases of offences under this section it is
difficult and impossible to establish the act of the accused
with intention, as a result many cases simply end in
acquittal.
According to the ministry of labour almost 90 percent
of the female labour force in India comprises women in the
informal sector, but paradoxically, all the laws including the
guidelines framed by the Apex Court, made with an eye on
the women in the organised sector which forms a mere 10
percent of the workforce. The different labour legislations
like Industrial Disputes Act, Indian Factories Act, Contract
Labour Act, Inter-State Migrant Workers Act, Bidi and Cigar
Workers Act, etc. do not have any specific provisions for the
prevention of sexual harassment in the workplace. To add
to it, recently the cabinet has suggested to amend the Indian
Factories Act, 1948; permitting the women during night
shift.

G: DRAFT LEGISLATION - AN OVER VIEW.

In the absence of any comprehensive law with the
increasing trend of sexual harassment, inadequacy in the
 existing laws tend the National Commission for Women to
draft bill on the issue.
The National Commission for Women has drafted the
bill on sexual harassment at the workplace thrice which
could not be placed before the legislature. In the year 2000
the “Sexual Harassment of Women at their Workplace
(Prevention) Bill, 2000 has been drafted by the National
Commission for Women. But the same could not be
forwarded to the Government of India for consideration.
Because the definition of “Sexual Harassment” and
“Workplace” were not clear. “The lack of clarity in defining
both the issues would make the law ineffective”47 The Bill
remained as a draft only. After three years gap the National
Commission for Women (NCW), the Prime mover behind the
legal revolution again drafted Sexual Harassment of Women
at their Workplace (Prevention) Bill, 2003. The Bill is being
introduced with the provisions for the prevention of sexual
harassment of women at workplaces with the hope to be
enacted in the fifty forth year of the Indian Republic. In the
Bill the terms “Appropriate Government”, “Sexual
Harassment”, “workplace” and “woman” were defined. The
provision for the appointment of special officer, district level
officer to work in the complaint mechanism to prevent the
problem was there. The other procedure to combat sexual
harassment of workingwomen such as criminal proceedings,
disciplinary action, complaint mechanism, complaint
committee, punishment for the offence, burden of proof and
 the duties of the employer also have been contained in the
said Bill. A discussion for necessaiy changes and
amendments was also held by National Commission for
Women and the women organisations on April 2003. After
all, the Bill could not be placed before the Government. And
the very next year in 2004, the National Commission for
Women drafted a modified and restructured bill titled THE
SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE,
(PREVENTION AND REDRESSAL) 2004 for the prevention
and redressal of sexual harassment of women at
workplaces. The Bill was prepared keeping with the
principles of equality, freedom of life and liberty as
enshrined in the constitution of India in pursuance of
CEDAW (Convention for the Elimination of all forms of
Discrimination Against Women).

Scheme of the Draft Bill, 2004: In August, 2004 National

Commission for Women has submitted the draft Bill to the
Department of Women and Child Development. The bill was
prepared for the protection of workingwomen from the evil of
sexual harassment arising during or out of the course of
their employment.

The details of draft bill, SEXUAL HARASSMENT OF

WOMEN AT THE WORKPLACE (PREVENTION AND
REDRESSAL), 2004 are as follows. The bill contains ten
chapters, two schedules with thirty four sections. Chapter-I
relates with the extent of the Act and definition, Section-2
defines some important terms under the bill. Section 2(a)
 defines “aggrieved woman” as any female person, whether
major or minor and includes a woman employed or working
or studying Section 2(d) defines “complaints committee”
includes the Internal complaints committee.
Section 2(g) defines “educational institution” means a
University, College, School, Private Coaching Centre or any
other institution at which education or training is provided.
Section 2(h) defines “employee” as a person employed
for any work directly or by or through any agency including
a contractor. With or without the knowledge of principal
employer, whether for remuneration or, not or working on a
voluntary basis, whether the terms of employment are
express or implied and includes any person employed as a
temporary, casual, badli, probationer, trainee, apprentice or
by whatever name called and a domestic servant employed
in a house or, dwelling place or any other establishment.
Section 2(o) defines “Sexual Harassment” as any
unwelcome sexually determined conduct whether physical,
verbal or non-verbal, including but not limited to, sexual
advances, demands or requests for sexual favours,
molestation, sexually announced gestures, comments,
remarks or jokes either verbal, textual, graphic or electronic.
Section 2(p) defines “workplace” as anyplace where an
aggrieved woman or defendant is employed or works, or
visits in connection with work during the course of or
 arising out of employment, including, but not limited to the
following, namely: -

• a factory, mine, plantation or forest;

• a place where any agricultural operation is carried out;

• a place of sale of agricultural or other products;

• a brick kiln or a construction site;

• a shop, business establishment, a corporation or a

private office;

• an office or establishments of a professional or

consultants;

• an industrial establishment;

• a banking or financial institution;

• a restaurant, club, hotel, resort or other hospitality

establishment;

• a hospital, nursing home or a health center;

• a court premise, police station, remand home or any

judicial or quasi - judicial establishment;

• an establishment wherein a person is employed for

exhibition any other form of entertainment or
preparation thereof;

• a house, dwelling place whether permanent, temporary

or in transit;
 • any government, semi-government, establishment or
department including telegraph office, post office,
telephone exchange, railways, statutory board or any
governmental scheme instituted for profit or otherwise;

• a free trade zone or special economic zone;

• a non-governmental organisation, a public or
charitable trust a religious body, trust or institutions,
a co-operative housing society or an association;

• a street;

• any form of transportation whether by road, sea or air;

• any other public place. Definitions.
An attempt has been made to systematically and
specifically incorporate the offences of sexual harassment at
workplace in Chapter-II of the drafted bill according to
which, no employer, supervisor or co-employee shall, in any
manner whatsoever, sexually harass a female,-

• Employee at the workplace where she is working;

• Who, for whatsoever reason, is present in or at the

workplace; or

• Who, comes into contact with the employer, supervisor

or employee in connection with her work or with the
work of these persons.
The bill in Chapter-II further provides, no owner or
employee, including the teaching staff, of an educational
 institution, shall in any manner whatsoever, sexually harass
a woman student who attends class or training or visits the
educational institution.
It adds further stating that sexual harassment shall,-

• Amount to misconduct in any employment and the

service rules or regulations relating to conduct and
discipline at the workplace or educational institution
and such rules or regulations shall include provision
for prohibiting sexual harassment and provide for
appropriate penalties against an offender;

• Amount to an unfair labour practice within the

meaning of clause (ra) of section 2 of the Industrial
Disputes Act, 1947? Prohibition from sexual
harassment.
The bill has in its ambit the formation of Complaints
Committee, procedure for lodging a complaint and the
procedures before the complaints committee and actions to
be taken in the form of findings and directions after the
enquiry in addition to penal provisions. The bill also
includes duties and liabilities of an employer with women
employees and appeal provisions.
The 2004, Bill attempted to improve upon the two
earlier bills by removing the defects, deficiencies,
ambiguities and controversies those were responsible for
non-progress of the preview bills- improvements were made

<E>
 in the definition of the terms workplace and sexual
harassment.
SHORT COMINGS: Indeed the sexual harassment
prevention bill is a better step taken by the National
Commission for Women. But it remained only under
processing. The said bill was submitted to the department of
women and child development, but could not proceed
further. It could not be placed before the parliament in the
sessions commenced during the sessions last year. Some
drawbacks in the bill can be pointed out. Under section 2(h)
a domestic servant employed in a house or in a dwelling
place is included as an employee. A house, or dwelling
place is being mentioned as working place in section 2(p)
(xiii). But the maximum number of domestic servants in a
house or, dwelling place are limited to a specific number
only. So how it is possible to establish complaint
committee. Under Section 2(p) (iii) a place of sale of
agricultural or, other products is considered as a workplace.
And a street is defined as a workplace in section 2(p) (xviii).
This definition would be a farcical only, because in a street
who is the employer? This will remain a question before the
workingwomen.
In Chapter-Ill constitution of the complaint committee
is described and the provision compulsory for the employer,
where the number of employees are more than fifty but the
provision is optional for the employer where the number of
employees are less than fifty. So this contradictory situation
 would create one ground to escape from constitution of the
complaint committees on the part of the employer.
The draft legislation might be a boon for the
workingwomen because the bill has roped in the
unorganised sector, which has ignored in the Supreme
Court guidelines. Certain modifications can be made in the
bill to be a suitable law to combat sexual harassment at the
workplace.

H. CONCLUDING OBSERVATION:-
Even today, as we approach the 21st century violence
against women is usually treated as a marginal issue by the
law-enforcement machinery in our country whether it be the
police, the prosecutors or, the medico legal fraternity or
often even the judiciary. It is essential to sensitise this
entire machinery to gender issues, particularly violence
against women. Often the police and other personnel are
unaware of the legal safeguards for women and the
amendments to laws relating to such safeguards48. In it’s
first periodic report to CEDAW India acknowledged that. “A
large number of women have not been able to fully avail the
benefits under the constitution and other legal provisions.
There are several deterrents in the way of women seeking
legal redress. In sufficiency of legal aid, procedural lacunae
and delays. Lack of basic knowledge about the law and
procedures and long drawn out trials continue to hamper
women’s access to legal redress49. Truly, if the 20th century
has liberated women from the shackles of medieval
 orthodoxy, it has also plunged them into a tumultuous
vortex of identity crisis, bringing in it’s trail psychological
trauma and socio-cultural, economic and emotional
insecurity”50. At very late the Draft Bill, 2004 has been
prepared by the National Commission for Women but could
not be placed before the last session of Parliament
completed recently. This is not the first time that the Bill is
prepared but could not place, but the bill has been,
prepared thrice in respect of sexual harassment at the
workplace in 2000 and 2003. In this burning situation of
sexual harassment it is impossible to root out the evil
without any specific law. One of the major planks of this
inequality is legislation. Of course more significant activity
has been played by the judiciary by delivering the Vishaka
judgement but a suitable legislative measure can provide
some protection to the women workers and can geared up
women’s economic affirmative action.
Still more agonising is the failure of the legislature and
intensity, frequency and nature of sexual harassment at the
workplace are increasing day by day. The worst part of the
problem is that women again started moving backward to
their home because they are not feeling safe and secure in
the workplace. Immediate control of the sexual harassment
at the workplace needs enactment of stringent law in India.
Inequalities in wages and working conditions, sexual
harassment at the workplace and absence of basic privileges
still hold back women journalists from flourishing. In a
report it has pointed out that even though sexual
harassment was a major concern for the women journalists.
Only 15.2 percent of the women, who experienced sexual
harassment had made a formal complaint. While reflecting
on the positive trend of phenomenal increase in the number
of women journalists. Particularly in the English
Newspapers in big metros, “status of women journalists in
India.” Prepared by the NCW and Press Institute of India,
also revealed that women were still playing second fiddle to
their male colleagues51. “Ultimately, our aim has to create a
society in which no man can abuse or, exploit a woman with
impunity, to build a new social norms whereby it is
considered despicable rather than admirable for men.
Especially those in authority to use sexual aggression for
abusing women”52.

©
 mmmwoE
1. Sdanehg Qandhi v. Vnion of India, JLItR, 1978,

SC-597.

2. Sarh Sdudgal v. Vnion ofIndia, 1995, 3, SCC, 635.

3. Samaj, 30.03.2005, 2-1.

4. Cadu Stanton (Elizabeth, (History of woman

suffrage) <2-1881.

5. ‘Wadman v. Carpenter Parer partnership, (1993),

!%£.%, 374.

6. Catherine J4, MacKinnon, “Seoqial harassment of

wording women', Vale, Slew Haven, Connecticut

174(1979).

7. SAaneha Qandhi v. Vnion of India, Jll$t 1978, SC,

597.

8. Coof^ <2J., “State (Responsibility for violation of

women’s Human (Rights" - Harvard Human rights

Journal7(1994) 2-125-175.

9. I6id.

10. Women, (Render and worhJEdited 6y ^Martha Tather

ofLoutfi, InternationalLabour Office, 2-505-507.

11. Ibid.
 12. Ibid.

13. Ibid

14. Ibid.

15. Ibid.

16. Ibid.

17. Ibid.

18. Ibid.

19. Ibid.

20. Ibid.

21. Ibid.

22. Ibid.

23. Ibid.

24. ‘Equal Opportunities Review (London) No.51, Sept-

Oct, 1993, P-51-55.

25. bttp://www. naree. com/features/harassment, btm.

26. Cbaturvedi (Dr.P^Q., Justice, Natural SodaC,

Economic and(Political, P-579.

27. M
‘ adhuhisfvwar v. State of(Bihar, 1996, 5 SCC, 148.

28. Jlwasthi, (Dr.S.% dhe constitution ofIndia, P-7.

 29. Janet (Dine and (Bob Watt, “Sexual Harassment:

Moving Jlway From Discrimination”, 58 Mod.

L.pev. 356(1995).

30. Das Basu Durga, Introduction to the constitution of

India, (P-90.

31. Desh <Pande V.S. - Women and the Hew Law, P-

121.

32. Das (Basu (Durga, Introduction to the constitution of

India, P-104.

33. P.S.(R.Sadhanantham v. JLrunachalam, JIIP, 1980,

SC, 856.

34. Manehg Qandhi v. Vnion ofIndia, JLIP, 1978, SC,

597.

35. Jim, 1997, SC 3011.

36. PandeyJ.H. ConstitutionalLaw ofIndia, P-290.

37. S-P.Qwpta and others v. President of India and

others, JIIIC 1982, SC,149.

38. ZafarJlhmad v. State, Jll% 1963, M105.

39. (Ratanlal (Ranchhaddas and DhirajtaC %eshavCaC

Lhakgre — The Indian PenalCode, P-340.

 40. (People’s Virion for (Democratic (Rights v. Police

Commissioner, (Delhi Police (Head Quarter and

another, 1989, 4,SCC, P-730.

41. Harai (Das Qupta(1925) 28 PCKMLR 99, SO POM

246.

42. Indian Par Review, V0L:XXX(4) 2003, P-593.

43. Shehnnaz (MudShathgl v. Saudi JLra6ian Airlines,

Lawyers Collective, Vol-II, Aug. 1996, P-24.

44. VishaRa e£ Others v. State of (Rajasthan, AMR.

1997, SC3011.

45. Pramodh Singh v. State ofJdCR, AIR, 1995, SC,

1964.

46. Anuradha R.%Shirsagar v. State of (Maharashtra,

1991 CRLJ, 411.

47. Said 6y (Dr. Ranjana Rumari, Co-ordinator of Joint

action Pront for Women (JAPW) in a meeting

organized on 16.05.2001.

48. Annual Report of the (National Commission for

women 91992-93) CH-II, P-42.

49. V(Ndoc: (CE <DAW/C/KND) 1,10 (March,1999,P-97.

50. (Ihe States (Man, 07.03.1999, V.S.Phattachaiya

“Price ofTreedom.