1. DOMESTIC VIOLENCE ACT, 2005.

Aim and Objective of the Act: An 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.

Purpose of passing the Act: Till the year 2005, the remedies available to a victim of
domestic violence were limited. The women either had to go to the civil court for a decree of
divorce or initiate prosecution in the criminal court for the offence punishable under Section
498A of IPC. In both the proceedings, no emergency relief is available to the victim. Also,
the relationships outside the marriage were not recognized. This set of circumstances ensured
that a majority of women preferred to suffer in silence, not out of choice but of compulsion.
Having regard to all these facts, the parliament thought fit to enact Domestic Violence Act.

Special Feature of the Act: The Act provides protection to a woman to live in violence free
home. Though this Act has civil and criminal provisions, a woman victim can get immediate
civil remedies within 60 days. Aggrieved women can file cases under this Act against any
male adult perpetrator who is in domestic relationship with her. They can also include other
relatives of the husband and male partner as respondents to seek remedies in their case.

Review of important provisions: -

1. Domestic violence is defined in a comprehensive way in S.3 of the Act, comprising:

- Physical, mental, verbal, emotional, sexual and economic abuse,

- Harassment for dowry
- Acts of threatening to abuse the victim or any other person related to her.

The Act thus deals with forms of abuse that were either not addressed earlier, or that were
addressed in ways not as broad as done here. For instance, it includes in its ambit sexual
abuse like marital rape which, though excluded under the IPC, can now be legally recognised
as a form of abuse under the definition of sexual abuse in this Act. The definition also
encompasses claims for compensation arising out of domestic violence and includes
maintenance similar to that provided for under S.125 of the Code of Criminal Procedure
(CrPC).

2. Protection of Women and Fundamental Rights: The Statement of Objects and Reasons
declares that the Act was being passed keeping in view the fundamental rights guaranteed
under Articles 14, 15 and 21.
- The right to be free of violence: In Francis Coralie Mullin v. Union Territory Delhi,
Administrator, AIR 1981 SC 746, the Supreme Court stated, any act which damages or
injures or interferes with the use of any limb or faculty of a person, either permanently or
even temporarily, would be within the inhibition of Article 21.
- The right to dignity: In Ahmedabad Municipal Corporation v. Nawab Khan Gulab
Khan, AIR 1997 SC 152, the Supreme Court emphasised the fact that the right to life
included in its ambit the right to live with human dignity, basing its opinion on a host of
cases that had been decided in favour of this proposition. The right to dignity would
include the right against being subjected to humiliating sexual acts. It would also include
the right against being insulted.
- The right to shelter: In Chameli Singh v. State of U.P. ,1993 (22) ALR 37, it was held
that the right to life would include the right to shelter, distinguishing the matter at hand
from Gauri Shankar v. Union of India,2003 (1) BLJR 535, where the question had related
to eviction of a tenant under a statute. Ss. 6 and 17 of the Domestic Violence Act
reinforce this right. Under S.6, it is a duty of the Protection Officer to provide the
aggrieved party accommodation where the party has no place of accommodation, on
request by such party or otherwise. Under S.17, the party’s right to continue staying in the
shared household is protected. These provisions thereby enable women to use the various
protections given to them without any fear of being left homeless.

3. Who can file a complaint under the Domestic Violence Act?

Section 2(a) of the Domestic Violence Act defines “aggrieved person” as 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 Domestic Violence Act not only covers those women who are or have been in a
relationship with the abuser but it also covers those women who have lived together in a
shared household and are related by consanguinity, marriage of through a relationship in the
nature of marriage or adoption.

Even those women who are sisters, widows, mothers, single women, or living in any other
their relationship with the abuser are entitled to legal protection under the Domestic Violence
Act.

Women in Live in relationships covered under the Act

A wider meaning to an “aggrieved person” under Section 2(a) of the Domestic Violence Act
was conferred by the Supreme Court in the case of D.Veluswamy v. D.Patchaiammal, AIR
2011 SC 479,wherein the Court enumerated five ingredients of a live in relationship as
follows:-

a. Both the parties must behave as husband and wife and are recognized as husband and
wife in front of society.
b. They must be of a valid legal age of marriage.
c. They should qualify to enter into marriage e.g. None of the partner should have a souse
living at the time of entering into relationship.
d. They must have voluntarily cohabited for a significant period of time.
e. They must have lived together in a shared household.

The Supreme Court also observed that not all live-in-relationships will amount to a
relationship in the nature of marriage to get the benefit of Domestic Violence Act. To get
such benefit the conditions mentioned above shall be fulfilled and this has to be proved by
evidence.

Status of a Keep- The Court in the case further stated that if a man has a ‘keep’ whom he
maintains financially and uses mainly for sexual purpose and/or a servant it would not be a
relationship in the nature of marriage.

4. Against whom can the complaint be filed under the Domestic Violence Act?

Section 2(q) of the Domestic Violence Act defines “respondent” as 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.

In view of the definition of the term respondent covering adult male person, the judiciary has
time and again been confronted with the argument that an aggrieved person can file complain
under the Domestic Violence Act against an adult male person only and not against the
female relatives of the husband i.e. mother-in-law, sister-in-law.

However, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao
Wankhede (2011) 3 SCC 650 put to rest the issue by holding that the proviso to Section 2(q)
does not exclude female relatives of the husband or male partner from the ambit of a
complaint that can be under the provisions the Domestic Violence Act. Therefore, complaints
are not just maintainable against the adult male person but also the female relative of such
adult male (Archana Hemant Naik v. Urmilaben I. Naik &Anr., 2009 (3) Bom Cr 851).

5. Judicial Aspects
5.1. Application to the magistrate (Section 12): An application regarding domestic
violence can be presented to the magistrate seeking one or more reliefs mentioned in
sections by:-

 The aggrieved person

 Protection officer on behalf of aggrieved person
 Any other person on behalf of aggrieved person

The relief sought may include a relief for issuance of an order for payment of compensation
or damages without prejudice to the right of such person to institute a suit for compensation
or damages for the injuries caused by the acts of domestic violence committed by the
respondent:

5.2. Jurisdiction of court: The first-class magistrate court or metropolitan court shall be
the competent court within the local limits of which

 The aggrieved person permanently or temporary resides or carries on business or is

employed
 The respondent permanently or temporally resides or carries on business or is employed
or
 The cause of action arises

5.3. Procedure of cognizance by the Court: If the magistrate is satisfied that application
prima facie discloses that the respondent is committing or has committed an act of
domestic violence or there is a likelihood of such violence, he may grant following ex
parte interim order against the respondent on the basis of affidavit of the aggrieved person
(sec 23). Magistrate can issue different orders such as Protection order (sec 18), residence
order (sec 19), monetary relief (sec 20), custody order (sec 21) or compensatory orders
(sec 22) as per the circumstances of the case.

In case of an earlier decree of compensation or damages passed by any other court, in

favour of aggrieved person, the amount if any paid shall be set off against the order of
amount payable under this act. The application to the magistrate shall be as nearly
possible to the formats prescribed under this Act and Rules.
 After receiving the application, the Magistrate shall fix the date of first hearing within 3
days (sec 12 (4)) and the magistrate shall endeavour to dispose of every application be
within a period of 60 days of the first hearing (sec 12 (5)). The notice of the date of
hearing shall be given by the magistrate to the protection officer who shall get it served to
the respondent (sec 13). At any stage of the application, the magistrate may order,
counselling of the respondent or aggrieved person either singly or jointly with any
member of service provider (sec 14). The magistrate may secure the service of suitable
person preferably a woman including a person engaged in the welfare of women for
assisting the court in the discharge of its function (sec 15). If the circumstance of the case
so warrants and if either party so desires the magistrate may conduct the proceedings on
camera (sec 16).

5.4. Penalty for breach of protection order by respondent: Section 31 of the DV Act
states that a breach of protection order, or of an interim protection order, by the
respondent shall be an offence under this Act and shall be punishable with imprisonment
of either description for a term which may extend to one year, or with fine which may
extend to twenty thousand rupees, or with both.

While framing charges, the Magistrates may also frame charges under section 498A of
the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry
Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the
commission of an offence under those provisions.

5.5. Retrospective application of the Domestic Violence Act: In the case of V.D.
Bhanot Vs. Savita Bhanot AIR 2012 SC 965, which upheld the Delhi High Court’s view
that “even a wife who had shared a household before the Domestic Violence Act came
into force would be entitled to the protection of the Domestic Violence Act.

Hence, the Domestic Violence Act entitles the aggrieved person to file an Application
under the Act even for the acts which have been committed prior to the commencement
of the Domestic Violence Act.
2. SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL) ACT, 2013.

India’s first legislation specifically addressing the issue of workplace sexual harassment; the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 (POSH Act) was enacted by the Ministry of Women and Child Development,
India in 2013. The Government also subsequently notified the rules under the POSH Act
titled the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013 (POSH Rules). The year 2013 also witnessed the promulgation of
the Criminal Law (Amendment) Act, 2013 (Criminal Law Amendment Act) which has
criminalized offences such as sexual harassment, stalking and voyeurism.

Objective of the Act: An Act to provide protection against sexual harassment of women at
workplace and for the prevention and redressal of complaints of sexual harassment and for
matters connected therewith or incidental thereto.

Constitutional Aspects: Sexual harassment results in violation of the fundamental rights of a

woman to equality under articles 14 and 15 of the Constitution of India and her right to life
and to live with dignity under article 21 of the Constitution and right to practice any
profession or to carry on any occupation, trade or business with includes a right to a safe
environment free from sexual harassment.

Effect of an International Convention: The protection against sexual harassment and the
right to work with dignity are universally recognised human rights by international
conventions and instruments such as Convention on the Elimination of all Forms of
Discrimination against Women, 1993.

Evolution of Law on Sexual Harassment of Women at Workplace: -

a. Vishaka Judgment (other notes)

b. Post-Vishaka jugments
 - Apparel Export Promotion Council v. A.K Chopra, 1999: In this judgment, the
Supreme Court enlarged the definition of sexual harassment by ruling that physical
contact was not essential for it to amount to an act of sexual harassment. The Supreme
Court explained 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 affecting the employment of the female employee and
unreasonably interfering with her work performance and had the effect of creating an
intimidating or hostile work environment for her.”
- Medha Kotwal Lele & Ors. V. Union of India & Ors, 2012: In its judgment, the
Supreme Court observed that ‘the implementation of the Vishaka Guidelines has to be
not only in form but also in substance and spirit so as to make available safe and
secure environment for women at workplace in every aspect and thereby enabling
working women to work with dignity, decency and due respect.’ Finally, the Supreme
Court asserted that in case of a non-compliance or non-adherence of the Vishaka
Guidelines, it would be open to the aggrieved persons to approach the respective High
Courts.

c. The POSH ACT, 2013 came into force.

The Key provisions of the POSH ACT, 2013: The POSH Act is not a gender-neutral
legislation and protects only women. Therefore, the safeguards under the POSH Act are not
applicable to ‘men’ victims although employers may choose to extend the protection through
their policy. The POSH Act extends to the ‘whole of India’ with the following aspects: -

1. Definition of Aggrieved Women: As per the sec 2 (a) of the POSH Act, an ‘aggrieved
woman’ in relation to a workplace, is a woman of any age, whether employed or not,
who alleges to have been subjected to any act of sexual harassment. Given that the
definition does not necessitate the woman to be an employee, even a customer/client who
may be sexually harassed at a workplace can claim protection under the POSH Act.
2. Section 3 of the POSH Act - The POSH Act further stipulates that a woman shall not
be subjected to sexual harassment at her workplace. Accordingly, it may be noted that
in order for a woman to claim protection under the POSH Act, the incident of sexual
harassment should have taken place at the ‘workplace’. (Below image for reference)
3. Section 2(o) of the POSH Act - It inter alia, applies to government bodies, private and
public sector organizations, nongovernmental organizations, organizations carrying out
commercial, vocational, educational, entertainment, industrial, financial activities,
hospitals and nursing homes, educational institutes, sports institutions and stadiums used
for training individuals and also applies to a dwelling place or a house. It applies to both
the organized and unorganized sectors (less than 10 workers) in India.
4. Section 2(f) of the POSH Act - The definition of an ‘employee’ under the POSH Act is
fairly wide to cover regular, temporary, ad hoc employees, individuals engaged on a daily
wage basis, either directly or through an agent, contract labourers, co-workers,
probationers, trainees, and apprentices, with or without the knowledge of the principal
employer, whether for remuneration or not, working on a voluntary basis or otherwise,
whether the terms of employment are express or implied.
5. Section2(o) of the POSH Act - ‘workplace’ includes any place visited by the employee
arising out of or during the course of employment, including transportation provided by
the employer for the purpose of commuting to and from the place of employment.

 While the Vishaka Guidelines were confined to the traditional office set-up,
recognizing the fact that sexual harassment may not necessarily be limited to the
primary place of employment, the POSH Act has introduced the concept of an
‘extended workplace.’
 In the case of Saurabh Kumar Mallick v. Comptroller & Auditor General of
India, 2008 the respondent who was facing departmental inquiry for allegedly
indulging in sexual harassment of his senior woman officer contended that he could
not be accused of sexual harassment at workplace as the alleged misconduct took place
not at the workplace but at an official mess where the woman officer was residing. It
was also argued that the complainant was even senior to the respondent and therefore
no ‘favour’ could be extracted by the respondent from the complainant and thus the
alleged act would not constitute ‘sexual harassment’. The Delhi Court while
considering this matter held this as ‘clearly misconceived’. The Delhi High Court held
that the official mess where the employee was alleged to have been sexually harassed
definitely falls under ‘workplace’.

6. An important feature of the POSH Act is that it envisages the setting up of a grievance
redressal forum. It deals with the Complaints Committee under the POSH Act: -
A. Internal Complaints Committee: In accordance with Section 4 of the POSH Act, every
office or branch of an organization employing ten or more employees must have an
internal committee dedicated to hearing and resolving sexual harassment complaints. It is
important to note that as a result of the Repealing and Amending Act, 2016, the Internal
Complaints Committee was renamed the Internal Committee.

In the case of Global Health Private Limited & Mr. Arvinder Bagga v. Local
Complaints Committee, District Indore and Others (2017), the Court held that there
should be a fine imposed under the POSH Act for failing to constitute the IC.

Therefore, it is essential to comply with the composition of the committee, which is

mentioned as follows:

 There shall be a female Presiding Officer who is an employee at a senior level at

work:

 There should be at least two members among the employees. These members shall be
ideally committed to women’s causes or have social work experience or legal
knowledge.

 An external member is required, who should be from NGOs or associations that

support the cause of women or have experience in sexual harassment issues. As per
Rule 4 of the POSH Rules, the external member shall be an individual with expertise
in workplace sexual harassment issues, such as a social worker with at least five
years of experience or somebody familiar with labour, service, civil, or criminal law.

 At least one-half of IC’s total must comprise female members.

 IC members have a maximum term of three years.

 An inquiry must be conducted by at least three members of the IC, including the
Presiding Officer. 

B. Local Committee: The POSH Act provided limited relief for sexual harassment at the
workplace until recently. An employer was not required to provide an internal redress
mechanism to address complaints of sexual harassment. Now, a Local Complaints
Committee must be formed at the district level for the purpose of handling complaints of
sexual harassment in the workplace when there is no internal mechanism in place.
Under Section 5 of the POSH Act, the district governments are required to set up local
committees to investigate and respond to complaints of sexual harassment from the
unorganized sector and from establishments where the IC has not been formed due to
 fewer than 10 employees of the establishment or when the complaint is against the
employer. The formation of a LC is particularly relevant for instances of sexual
harassment of domestic workers or when the complaint involves the employer or a third
party not employed by the company.
C. Powers of the Committee: In order to investigate complaints of workplace sexual
harassment, the Internal Committee and Local Committee have the same powers as are
vested in a civil court under the Code of Civil Procedure, 1908 when they try a suit
concerning: -
 Summoning and requiring the attendance of any person and interrogating him under
oath;
 A requirement to discover and produce documents;
 Other matters as prescribed.
D. Procedure of complaint: Sexual harassment complaints at work can be lodged either
with the Internal Committee or Local Committee in accordance with Section 9 of the
POSH Act. The following is the procedure: -
 An aggrieved woman may file a complaint of sexual harassment at work within
three months of the date of the incident and, in the case of repeated incidents,
within three months of the most recent incident.
 If the Internal Complaints Committee / Local Complaints Committee is satisfied, it
may extend the time limit if the aggrieved woman is not able to submit a complaint
within the stipulated period of three months. An extension of time must be justified
in writing by the committee.
 Furthermore, if the woman cannot make a complaint in writing, the Presiding
Officer, any member of the Internal Complaints Committee, or the chairperson, or
any member of the Local Committee will provide her with all reasonable
assistance to file a complaint in writing.
 Moreover, as per Rule 6(i) of the POSH Rules, it is provided that if an aggrieved
woman is physically or mentally incapable or dies, or otherwise is unable to lodge a
complaint, her legal heir or her relative or friend, or her co-worker, or an
officer of the National Commission for Women or State Women’s Commission,
or any person who has knowledge of the incident, with the written consent of the
aggrieved woman, may do so.
E. Conciliation: According to Section 10 of the POSH Act, an Internal Committee/Local
Committee can attempt to resolve a complaint between the parties, at the request of the
aggrieved woman, through conciliation by reaching an amicable settlement. t may,
therefore, be possible for the IC to resolve sexual harassment complaints by conciliation
between the parties before beginning the inquiry proceedings, although monetary
settlements should not be used as a basis for conciliation. A settlement should be recorded
by the Internal Committee or Local Committee, and copies should be provided to the
aggrieved woman and respondent after the settlement is reached. The IC may not conduct
an investigation under the POSH Act after a settlement has been reached. 
F. Interim Relief under section 12 of the POSH Act, 2013 - In response to a complaint,
the Local Committee or Internal Committee may recommend interim measures to the
employer, including the following:
 Relocation of the aggrieved woman or the respondent;
 Additional statutory/contractual leave of 3 months allowed to the aggrieved woman;
 Refraining the respondent from reporting on the performance (work performance) of
the aggrieved woman or writing her confidential report, which can then be delegated to
another employee. 
G. Inquiry Report under the section 13 (1) and 13 (2) of the POSH Act, 2013 - 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.
H. Punishments and compensation - An employer may punish an employee in the
following ways for engaging in sexual harassment in accordance with the POSH Act
under section 13(3) if proved under the section 13 (2) of the Act: -
 The punishment prescribed under the organization’s service rules;
 In the absence of service rules in the organization, disciplinary action may include a
written apology, warning, reprimand, censure, withholding of promotion, withholding
 of pay rise or increment, terminating the respondent from service, undergoing a
counselling session, or performing community service; and
 Reduction of the respondent’s wages to pay compensation to the aggrieved woman
The POSH Act, in accordance with Section 15, also provides for compensation for
aggrieved women. In determining compensation, the following factors must be taken into
account:
 Affected employee’s mental trauma, pain, suffering, and emotional distress;
 The loss of career opportunities caused by sexual harassment;
 Physical and mental health treatment expenses incurred by the victim;
 Whether the alleged perpetrator has a high income or a high status; and
 Whether lump sum or instalment payments are feasible.
 A failure by the respondent to pay the aforesaid sum will result in the IC forwarding
the order of recovery to the District Officer concerned. 
I. False or malicious complaints and false evidence: It is envisioned in the POSH Act,
under Section 14, that actions will be taken against complainants who “falsely or
maliciously” use the protections. According to the POSH Act, disciplinary action can be
taken in accordance with the service rules of the organisation against a complainant
whose allegations have been found to be false, malicious or made with knowledge that
they are untrue. The statute provides for disciplinary actions when no service rules exist,
including written apologies, warnings, reprimands, censure, withholding of promotion,
withholding of raises and increments, terminating employment, attending counselling,
and performing community service. It is further clarified in the POSH Act that a
complaint need not be false or malicious just because there is insufficient proof to support
it.
J. Confidentiality provisions: The POSH Act, in accordance with Section 16, recognizes
the sensitivity associated with sexual harassment and places a high priority on
maintaining confidentiality throughout the process.
 It is specifically stated in the POSH Act that workplace sexual harassment
information shall not be subject to the Right to Information Act, 2005.
 Additionally, the POSH Act prohibits the dissemination of the contents of the
complaint, as well as the names and addresses of the complainant, respondent,
witnesses, conciliation and inquiry proceedings, recommendations of the above-
 mentioned committees, and the consequences of the same to the public, press, and
media in any manner whatsoever.
Section 17 provides that if a person breaches the confidentiality obligations by
handling a complaint or conducting an inquiry, or making recommendations or taking
action under the statute, he/she shall be punishable under the organisations’ service
rules applicable to that person or, in the absence of such rules, with a fine of Rs
5,000.
K. Penalty Provision - The POSH Act imposes a monetary penalty of up to Rs 50,000,
under Section 26, if an employer fails to constitute an IC. Upon repeating the same
offence, the punishment may be doubled and/or the entity may be de-registered or have
any statutory licenses revoked. However, it is not clear which business licenses are being
referred to in this instance. Moreover, under the POSH Act, all offences are non-
cognizable (Section 27).

3. MATERNITY BENEFIT ACT, 1961.

Objective of the Act: An Act to regulate the employment of women in certain establishment
for certain period before and after child-birth and to provide for maternity benefit and certain
other benefits.
Applicability: The Act is applicable to all establishments which are factories, mines,
plantations, Government establishments, shops and establishments under the relevant
applicable legislations, or any other establishment as may be notified by the Central
Government.
Eligibility: As per the Act, to be eligible for maternity benefit, a woman must have been
working as an employee in an establishment for a period of at least 80 days in the past 12
months.
The Maternity Benefit Act, 1961 aims to provide all the facilities to a working woman in a
dignified manner, so that she may overcome the “state of motherhood honourably,
peacefully, undeterred by the fear of being victimised for forced absence during the pre or
postnatal period”, as was observed by the Supreme Court in the case of Municipal
Corporation of Delhi v. Female Workers (Muster Roll) (2000).
Maternity Benefits under the Act (FOR MCQs Purpose – section wise): The Act covers
all maternity benefits in the following sections: -
 Section 4: Employment of, or work of, women prohibited during certain periods.
 Section 5: Right to payment of maternity benefits.
 Section 7: Payment of Maternity Benefits in case of death of a woman.
 Section 8: Payment of Medical Bonus.
 Section 9: Leave for miscarriage, etc.
 Section 10: Leave for illness arising out of pregnancy, delivery, premature birth of a
child, miscarriage, medical termination of pregnancy or tubectomy operation.
 Section 11: Nursing Breaks.
 Section 12: Dismissal during absence of pregnancy.
 Section 13: No deduction of wages in certain cases.
 Section 18: Forfeiture of maternity benefits.
Features of the Maternity Benefit Act, 1961: -
 Duration of leave: A woman is entitled to twelve weeks of maternity leave under the
terms of the Act, not more than six weeks of which may come before the due date.
The ILO guideline at the time took this into account.
 Job protection: According to the guidelines of the 1961 Act, it has been ruled unlawful for
an employer to fire or let go of a woman at any time during or because of her absence.
However, the employer may notify the employee in writing if the dismissal or discharge
is the result of serious wrongdoing.
 Remuneration during leave: Women who meet the requirements for maternity leave
outlined in the legislation are entitled to maternity benefits at the rate of the average daily
salary for the time that they are really absent from work.
 Financial benefits: According to this law, every woman is entitled to maternity benefits
and the option of receiving a medical bonus from her employer in the event that neither
prenatal nor postpartum care is provided by the latter at no cost to the employee. The
employer is responsible for paying all debts, including maternity benefits, to the woman’s
nominee or legal representative in the event of her death.
Benefits covered under the Maternity Benefit Act of 1961: The Act requires the employee
to refrain from hiring any known women in any place for the six weeks immediately
following the day of the employee’s delivery, miscarriage, or medical termination of
pregnancy. During the six weeks immediately following the day of delivery or miscarriage,
no woman shall work in any company. The employer shall not require such women to
perform any work unless requested to do so by the employed lady.
1. Which negatively affects her pregnancy or the foetus’s development normally,
2. Any work that could result in her miscarrying or otherwise have a negative impact on her
health.
Every woman has the right to maternity benefits, and her employer is responsible for paying
them at the amount of the average daily income for the time she was actually away from
work, i.e.: -
1. The time leading up to the day of her delivery.
2. On the day she gave birth and for the period immediately afterwards.
Period of granting maternity benefit: The maximum time a woman may get maternity
benefits is twenty-six weeks, not including the eight weeks prior to the due date of her
anticipated delivery, as per Section 5 (3), as amended by the Maternity Benefit (Amendment)
Act 2017. Furthermore, in the event that a woman passes away within this time, the maternity
benefit will only be paid for the days leading up to and including the day of her passing.
According to subsection (4) of Section 5, a woman who legally adopts a child under the age
of three months or a mother who commissions an adoption will be eligible for maternity
benefits for a period of twelve weeks starting on the day the child is given to the adopting
mother or the commissioning mother, as applicable.
In accordance with subsection (5) of Section 5, if a woman’s job requires her to work from
home, the employer may permit her to do so after she has claimed the maternity benefit for
the time period and on the conditions that they may mutually agree upon.
Conditions for claiming maternity benefit: Only when a woman has really worked for the
employer from whom she claims maternity benefits for a period of not less than eighty days
in the twelve months immediately preceding the date of her anticipated delivery is she
eligible to receive maternity benefits.
Methods of claiming maternity benefit: Any woman wishing to exercise the right to
maternity benefit must submit a notice to her employer in the manner and on the form
required by the business she is employed with in order to be eligible to claim the maternity
benefit as provided for by the 1961 Act. This information should be included in the notice
along with:
 The maternity benefit and any additional funds to which she may be entitled in
accordance with this Act.
 The name of the individual who should receive such payments.
 A statement stating that she will not work at the company while collecting these maternity
benefits.
 The day her absence from work officially started.
Following the woman’s provision of documentation proving her pregnancy, the employer is
required to pay the woman’s maternity benefit in advance.
What happens if a woman dies in the duration of the period of maternity leave: The
maternity benefit that applies to a woman only lasts up to the date of her death if she passes
away within the above-mentioned term of maternity leave. The complete maternity benefit
would be payable if the mother passes away soon after giving birth, resulting in the child’s
survival. The employer is required to pay the maternity benefit that was in effect as of the
date of the child’s death if the child passes away while the mother is still eligible for it. When
a woman passes away, these payments must be made to the person she specified in the
notification she gave under Section 6 (1) of the Act, or if she did not nominate anybody, to
her legal representative.
Filing of a complaint under the Maternity Benefit Act of 1961: A woman has sixty days to
appeal the decision if she is denied maternity benefits or medical benefits, released from her
job, or expelled while on maternity leave. She may do this by approaching an inspector
designated by the Maternity Benefit Act, 1961. In the unlikely event that she disagrees with
the inspector’s requests, she has thirty days to make a counteroffer to the suggested expert. If
she disagrees with the inspector’s requests or if a more significant legal issue is raised, she
may also file a lawsuit within a year.
The 2017 Amendment: The Act was revised by the Indian Government in 2017 to give
women more inclusive maternity benefits. Among other amendments, a new clause,
Section 5(5), was added to the Act, under which women who requested maternity leave
might benefit from working from home. According to Section 5(5) of the Act, an employer
may authorise nursing mothers to work from home if the nature of the work that is given to
them permits it, under mutually agreed-upon terms.
 Increase in Maternity Benefit: The period of paid maternity leave (“Maternity Benefit”)
that a woman employee is entitled to has been increased to 26 (twenty-six) weeks.
Further, the Act previously allowed pregnant women to avail Maternity Benefit for only 6
(six) weeks prior to the date of expected delivery. Now, this period is increased to 8
(eight) weeks. 1Maternity benefit of 26 weeks can be extended to women who are already
under maternity leave at the time of enforcement of this Amendment.
 No increased benefit for third child: The increased Maternity Benefit is only available
for the first two children. The Amendment provides that a woman having two or more
 surviving children shall only be entitled to 12 (twelve) weeks of Maternity Benefit of
which not more than 6 (six) shall be taken prior to the date of the expected delivery.
 Adoption/Surrogacy: A woman who adopts a child below the age of 3 (three) months, or
a commissioning mother (means a biological mother, who uses her egg to create an
embryo implanted in any other woman), will be entitled to Maternity Benefit for a period
of 12 (twelve) weeks from the date the child is handed over to the adopting mother or the
commissioning mother.
 Creche Facility: Every establishment having 50 (fifty) or more employees are required to
have a mandatory creche facility (within the prescribed distance from the establishment),
either separately or along with other common facilities. The woman is also to be allowed
4 (four) visits a day to the creche, which will include the interval for rest allowed to her.
 Work from home: If the nature of work assigned to a woman is such that she can work
from home, an employer may allow her to work from home post the period of Maternity
Benefit. The conditions for working from home may be mutually agreed between the
employer and the woman.
 Prior Intimation: Every establishment will be required to provide woman at the time of
her initial appointment, information about every benefit available under the Act.
Latest Judgments: -
 Dr. Rachna Chaurasiya v. State of U.P. and others passed (2017)
In the present case, the state government was ordered by a division bench of the High Court
of Madras to provide 180 days of paid maternity leave to all women, regardless of the type of
employment they hold, permanent, temporary/ad hoc, or on a contractual basis. All female
employees who are hired regularly, contractually, ad hoc, or temporarily and who have minor
children who must be 18 years of age or younger and must be granted a 730-day childcare
leave, according to supplementary instructions given to the state response. Maternity leave
shouldn’t be separated from or excluded from a woman employee’s employment term.
 Prachi Sen v. Ministry of Defence (2021)
The Karnataka High Court reaffirmed that the work-from-home advantage under Section 5(5)
of the revised 2017 Act may only be granted in circumstances where the nature of the task
provided to the woman permits her to do so, in the case of Prachi Sen v. Ministry of Defence
(2021).
At the Semiconductor Technology and Applied Research Centre (STARC), a division of the
Indian Ministry of Defence, the petitioner held the position of executive engineer. Following
her maternity leave, the petitioner had not gone back to work. She sought to work from home
instead, in accordance with the Government of India’s advice and asked STARC for childcare
leave. After the petitioner had been out of the office for two months without authorization,
STARC sent her a communication asking her to return. A petitioner who was seeking
benefits under the Act and contesting the communication, therefore, appeared before the
Court.
The Court emphasised that the employee was engaged in sensitive and challenging scientific
work. Sensitive in the sense that it involved defence research, which was private and was not
allowed to be made public. As a result, the petitioner’s work was of a type that prevented
work from home from being feasible.
The Karnataka High Court’s ruling specifies the circumstances under which female
employees may use the work-from-home benefit provided by Section 5(5) of the Act. It can
be said that the ruling was a good first step toward comprehending the restrictions placed on
some companies’ ability to offer benefits under the Act. The ruling should not, however, be
seen as giving employers the go-ahead to refuse the benefits under Section 5(5) of the Act
whenever the nature of the work is enabled. Employers should take the initiative to
accommodate nursing moms and make sure that there are sufficient childcare services on-site
or nearby. As a result, the court determined that the work-from-home benefit under Section
5(5) of the Act would not be available in this particular instance. However, the Court ordered
STARC to show compassion for working moms of new-borns while taking the pandemic
situation into consideration and to provide them with suitable childcare facilities.
4. CHILD LABOUR ACT, 1986.
Child Labour: Children need to grow in an environment that enables them to lead a life of
freedom and dignity. Opportunities of education and training are to be provided for them to
grow into worthy citizens. Unfortunately, a large proportion of children are deprived of their
basic rights. They are found working in various sectors of the economy particularly in the
unorganized sector. Same of them are confined and beaten, reduced ta slavery or denied
freedom of movement thus making child labour a human rights issue and a developmental
issue
Definition of Child: Article 1 of The United Nations Convention the Rights of the Child
defines a child as anyone below the age of eighteen years. The Child Labour (Prohibition and
Regulation) Act, 1986 defines child as ‘a person who has not completed his fourteenth-year
of age.’
The Child and Adolescent Labour (Prohibition And Regulation) Act, 1986: An Act to
prohibit the engagement of children in all occupations and to prohibit the engagement of
adolescents in hazardous occupations and processes and the matters connected therewith or
incidental thereto.
Part II of the Act deals with the prohibition of employment of children in certain occupations
and processes (section 3 to section 5). Section 3 talks about the Prohibition of employment of
children in any occupations and processes and section 3(A) talks about the Prohibition of
employment of adolescents in certain hazardous occupations and process.
Regulations of the Conditions of the Work of Children: There are certain regulations
provided under the Child Labour (Prohibition and Regulation) Act, 1986 which the employer
needs to follow while employing a child in the establishment. Proper work conditions are to
be provided by the employer: -
A. Application of Part: The provisions of this Part of the Act shall apply to an
establishment or any class of establishments in which the occupations or processes
which are referred to in Section 3 are not being carried on.
B. Hours and period of work: As per the Act, no child employee shall be allowed to work
in any establishment in excess of the number of hours that have been decided on and
prescribed for such an establishment or class of establishment. The number of hours
shall be fixed by the establishment and the child employee must not be allowed to work
for more than three hours without a break of one hour. The total number of hours of
work for a child employee shall not exceed six hours. Six hours shall also include one
hour of interval. According to the Act, the employer cannot make a child employee
work between 7 p.m. and 8 a.m. and no employer must permit the child employee to
work overtime. If a child has already worked in an establishment in a day, then such a
child must not be permitted to work in another establishment on the same day.
C. Weekly Holidays: Every child who is employed in an establishment shall mandatorily
be allowed a holiday each week. The holiday must be for a whole day. The day of the
week must be decided on which it would be a holiday for the employees of the
establishment and the notice regarding the same must be exhibited in a conspicuous
place of the establishment. The notice should be of a permanent nature and should not
be altered more than once in three months.
D. Notice to Inspector: Notice is needed to be sent to the Inspector within whose local
limits the establishment is situated by the employer of such establishment if he employs
a child employee or by the occupier of an establishment in which a child is employed or
is permitted to work. The notice to be sent must be in writing. It must contain the
following particulars: -
 the name of the establishment and place in which it is situated,
  name of the person who manages the establishment, 
 the postal address of the establishment,
 the details such as the nature of occupation or process which is carried on in the
establishment.
Every employer who permits a child to work in his establishment is needed to send a
notice within 30 days to the Inspector within whose local limits the establishment is
situated. Where a process is carried on by the occupier with the aid of Government or it
receives assistance or recognition from Government for it then such establishment shall
not be subject to the provisions of Section 7, 8, 9 of the Act.
E. Dispute as to age: In case if a question arises between an Inspector and an occupier on
the age of the child who was permitted to work by the occupier in an establishment then
the Inspector can prescribe a medical authority to decide on the age of such a child in
case of absence of an age certificate.
F. Maintenance of register: The occupier shall maintain a register which shall include
information with respect to children who are employed or permitted to work in his
establishment. The register which is made available by the occupier for inspection at all
times shall contain: -
 The name and date of birth of the children who are employed by the occupier;
 Number of hours and period of work for which the child employee is made to work;
 The nature of employment and the work which the child employee is made to do;
 Other particulars which may be prescribed.
G. Display of notice containing abstract of Sections 3 and 14: The notice containing
abstract of Sections 3 and 14 of the Act shall be displayed by every occupier of the
establishment in a conspicuous and accessible place of the establishment and in case the
employer is a railway administration or a port authority then the notice must be
displayed in a conspicuous and accessible place at every station or within the limits of a
port as the case may be. The notice must be written in a local language and in the
English language.
H. Health and Safety: According to the Act the rules which must be followed by the
establishment for the purpose of safety and cleanliness are as follows: -
 The cleanliness of the place of work must be taken care of and it should be free
from any kind of nuisance;
 There must be a proper place for disposal of wastes and effluents;
  Proper provisions for ventilation should be made and an adequate level of
temperature should be maintained in the place of work;
 Provisions should be made to reduce dust and fumes;
 Artificial humidification shall be made;
 Lighting must be proper in the place of work;
 Drinking water must be provided;
 Toilets must be made in the place of work for the employees;
 Spittoons should be provided in order to keep the workplace clean;
 The machines which are in the workplace should be fenced properly;
 Children must not be allowed to work near machinery which is in motion;
 Children must not be permitted to work on dangerous machines;
 Children must be instructed, trained and supervised in relation to the employment of
children on dangerous machines;
 Device for cutting off power should be used;
 Self-acting machines should be used in the workplace;
 Easing of new machinery;
 Proper floors should be made and proper means to access through stairs shall be
made;
 Pits, sumps, openings in floor shall be made;
 Child employees shall not be permitted to lift excessive weights while working;
 Protection for eyes must be provided;
 Children must not be exposed to explosives or inflammable dust, gas, etc;
 In case fire is used in work, proper precautions must be taken;
 Proper maintenance of buildings and machinery shall be taken.
I. Penalties: When an employer employs a child or permits a child to work in
contravention of the provisions of Section 3, the employer shall be liable for punishment
with imprisonment for a term which may extend to one year or with fine and the fine
imposed shall not be less than rupees ten thousand and which may extend to rupees
twenty thousand or with both.
 Whoever is convicted of the said offence under Section 3 and repeats the same
offence again in future then he shall be punished with imprisonment for a term which
shall not be less than six months and can be extended to two years.
  When an employer fails to give a notice as stated under Section 9 or fails to maintain
a register comprising the details of child employees as required by Section 11 of the
Act or if the employer makes any false entry in any such register, or fails to display a
notice containing an abstract of Section 3, or if the employer fails to comply with or
contravenes any other provisions of the Act or any of the rules which are made
thereunder, he shall be punished with simple imprisonment which may extend to one
month or with fine which may extend to ten thousand rupees or with both
imprisonment and fine.
Child Labour (Prohibition and Regulation) Amendment Act, 2016: According to this
amendment in the Act, the Government of India will provide stricter punishments for
employers who violate the Act. It will also make the employer employing any child or
adolescent in contravention of the Act cognizable. The Act also allows the government to bar
the employment of adolescents that are working in any hazardous conditions.
Child Labour (Prohibition and Regulation) Amendment Rules,2017: A broad and
specific framework for prevention, prohibition, rescue and rehabilitation of children and as
well as adolescent workers.
Judgments: -
A. Bachpan Bachao v. Union of India (2010): In this case, the Delhi High Court decided
the duties and responsibilities of the committees that have been formed for the protection
of the interests of the children. The Commissions were directed to hear the matters related
to the abusive workinh environment wherein the child faces physical abuse as well as
mental for the age group of 14- 18 years. The commissions shall also look into the
absence of the basic requirement of medical care and food requirements. The bench
directed these commissions to determine their objectives and plan of action within 30
days of this judgment.
B. Bandhua Mukti Morcha v. Union of India (1995): In this case, a Public Interest
Litigation (PIL) was filed to protect the interests of children below the age of 14 years. It
was alleged that these children were made to work in the carpet industry as child
labourers. The reports of the commissions also showed that a high number of children
below the age of 14 were employed in the industry of Uttar Pradesh. Most of these
children were the SCs and STs of Bihar. The Court directed the State to provide the
socio-economic justice to these children and provide proper opportunities for their
personality development.
C. Jayakumar Nat v. State of NCT of Delhi (2015): In this case, the Delhi High Court put
emphasis on the issue of child labour rehabilitation. The Court has asked the government
of Delhi to come up with schemes and form policies for proper rehabilitation of the
rescued child labourers. The Court has further added that the state shall provide the
children’s parents with the economic help that is required and not force the children to
work as child labourers again to meet the economic needs of the family.
(IMAGE BELOW FOR THE FIVE MARKS ANSWER ONLY)
5. PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT)
ACT, 1994.

Objective of the Act: Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act,
1994 is an Act of the Parliament of India enacted to stop female foeticides and arrest the
declining sex ratio in India. The act banned prenatal sex determination.

The main purpose of enacting the act is to ban the use of sex selection techniques before or
after conception and prevent the misuse of prenatal diagnostic technique for sex selective
abortion. Offences under this act include conducting or helping in the conduct of prenatal
diagnostic technique in the unregistered units, sex selection on a man or woman, conducting
PNDT test for any purpose other than the one mentioned in the act, sale, distribution, supply,
renting etc. of any ultra sound machine or any other equipment capable of detecting sex of
the foetus.

The important chapter of the Act is the Part III i.e., Regulation of pre-natal diagnostic
techniques dealing with three important sections as follows: - (Akku and Quadir – learn
the bare act like this only, cause she needs the bare act lang and for this act, it is very imp to
learn like this)

 The section 4 talks about the Regulation of pre-natal diagnostic techniques: -

(1) No place including a registered Genetic Counseling 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 mentioned above.

(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 PNDT shall be used or conducted unless the person qualified to do so is satisfied that
any of the following conditions are fulfilled, namely that (i) age of the pregnant woman is
above thirty-five years (ii) the pregnant woman has undergone of two or more spontaneous
abortions or foetal loss (iii) the pregnant woman had been exposed to potentially teratogenic
agents such as drugs, radiation, infection or chemicals (iv) the pregnant woman has a family
history of mental retardation or physical deformities such as spasticity or any other genetic
disease (v) any other condition as may be specified by the Central Supervisory Board;
 Section 5 of the PNDT Act of 1994 talks about the Written Consent of Pregnant
Woman and Prohibition of Communicating the Sex of Foetus: -

(1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic
procedures unless (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 is given to the pregnant woman.

(2) No person conducting PNDT procedures shall communicate to the pregnant woman
concerned or her relatives the sex of the foetus by words, signs or in any other manner.

 Section 6 of the PNDT Act of 1994 prohibits the determination of sex, stating that no
Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic, or no person 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.
 Section 27 of the PNDT Act of 1994 states that all offence under this act shall be
cognizable, non-bailable and non-compoundable.
 Section 28 of the PNDT Act of 1994 talks about the Jurisdiction of the Court.
Subsection 1 to this section says that 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 authorized 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 thirty days in the manner prescribed, to the Appropriate Authority, of the alleged
offence and of his intention to make a complaint to the court

Role of Judiciary in implementation of the Act: The powers are widely given to the
Judicial Magistrate as per Chapter 7 of the Act to see that the act is properly implemented and
there is no violation.

a. The Act has made the offence punishable and penalty to be imposed by courts concerned
designated under the Act. The Supreme Court and High Courts have ensured that there is
strict implementation of the Act and subsequent rules framed so as to bring to an end the
social evil of female feticide and holding that provisions of the PNDT Act could not be
diluted (Federation of Obstetrics and Gynaecological Societies of India (FOGSI) v. Union
of India).
b. The Supreme Court so as to ensure effective implementation of the Pre-conception and
Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 passed detailed
orders in public interest litigation being Centre for Enquiry into Health and Allied
Themes (CEHAT) v. Union of India; referred as Cehat v. Union of India.
c. Landmark and latest Judgment (must learn) - Voluntary Health Association of Punjab
Vs. Union of India & Others, 2013.

The Voluntary Health association of Punjab [VHAP], an NGO filed a writ petition in the
Honourable Supreme Court of India in 2006 against Union of India and Others, for effective
implementation of Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994. This Act was however not completely implemented. In particular,
thousands of clinics were operating without registration. There was virtually no case of
prosecution.

The Honourable Supreme Court has given judgment, on the implementation of PCPNDT Act
as follows:

 The Central Supervisory Board and the State and Union Territories Supervisory Boards,
constituted under Sections 7 and 16A of PNDT Act, would meet at least once in six
months, so as to supervise and oversee how effective is the implementation of the PNDT
Act.
 The State Advisory Committees and District Advisory Committees should gather
information relating to the breach of the provisions of the PC&PNDT Act and the Rules
and take steps to seize records, seal machines and institute legal proceedings, if they
notice violation of the provisions of the PC&PNDT Act.
 The authorities should ensure also that all Genetic Counselling Centers, Genetic
Laboratories and Genetic Clinics, Infertility Clinics, Scan Centers etc. using
preconception and pre-natal diagnostic techniques and procedures should maintain all
records and all forms, required to be maintained under the Act and the Rules and the
duplicate copies of the same be sent to the concerned District Authorities, in accordance
with Rule 9(8) of the Rules.
 States and District Advisory Boards should ensure that all manufacturers and sellers of
ultra-sonography machines do not sell any machine to any unregistered centre, as
provided under Rule 3-A and disclose, on a quarterly basis, to the concerned State/Union
 Territory and Central Government, a list of persons to whom the machines have been
sold, in accordance with Rule 3-A(2) of the Act.
 Steps should be taken by the State Governments and the Union Territories to educate the
people of the necessity of implementing the provisions of the Act by conducting
workshops as well as awareness camps at the State and District levels.
 The authorities concerned should take steps to seize the machines which have been used
illegally and contrary to the provisions of the Act and the Rules there under and the seized
machines can also be confiscated under the provisions of the Code of Criminal Procedure
and be sold, in accordance with law.
 The various Courts in this country should take steps to dispose of all pending cases under
the Act, within a period of six months. Communicate this order to the Registrars of
various High Courts, who will take appropriate follow up action with due intimation to
the Courts.
d. Another Landmark Judgment (must learn) - Suo Motu v. State of Gujarat, 2019.

 Whether under the provisions of Section 28 of the Pre-conception and Pre-natal

Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, a court can take
cognizance of an offence under the Act on a complaint made by any officer authorised
in this behalf by the appropriate authority?

Held: Under the provisions of Section 28 of the Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994 (the PNDT Act), a Court can take
cognizance of an offence under the Act on a complaint made by any officer authorised in
that behalf by the appropriate authority.

 Whether the provisions of the proviso to sub-section (3) of Section 4 of the PNDT Act
require that the complaint should contain specific allegations regarding the
contravention of the provisions of Sections 5 and 6 of the Act?

Held: The proviso to sub-section (3) of Section 4 of the PNDT Act does not require that
the complaint alleging inaccuracy or deficiency in maintaining record in the prescribed
manner should also contain allegation of contravention of the provisions of Section 5 or 6
of the PNDT Act.

 Whether the burden lies on the authority to prove that there was contravention of the
provisions of Section 5 or 6 of the PNDT Act?
 Held: In a case based upon allegation of deficiency or inaccuracy in maintenance of
record in the prescribed manner as required under sub-section (3) of Section 4 of the
PNDT Act, the burden to prove that there was contravention of the provisions of Section
5 or 6 does not lie upon the prosecution.

 Whether any deficiency of inaccuracy in filing Form F as required under the statutory
provisions is merely a procedural lapse?

Held: Deficiency or inaccuracy in filling Form F prescribed under Rule 9 of the Rules
made under the PNDT Act, being a deficiency or inaccuracy in keeping record in the
prescribed manner, it is not a procedural lapse but an independent offence amounting to
contravention of the provisions of Section 5 or 6 of the PNDT Act and has to be treated
and tried accordingly. It does not, however, mean that each inaccuracy or deficiency in
maintaining the requisite record may be as serious as violation of the provisions of
Section 5 or 6 of the Act and the Court would be justified, while imposing punishment
upon conviction, in taking a lenient view in cases of only technical, formal or
insignificant lapses in filling up the forms. For example, not maintaining the records of
conducting ultra-sonography on a pregnant woman at all or filling up incorrect particulars
may be taken in all seriousness as if the provisions of Section 5 or 6 were violated, but
incomplete details of the full name and address of the pregnant woman may be treated
leniently if her identity and address were otherwise mentioned in a manner sufficient to
identify and trace her.

MCQ PURPOSE - {The most litigated provisions are enumerated in Chapter 7 which deals
with offences and penalties which read as follows:
e. 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of
sex and punishment for contravention.
f. S. 23. Offences and penalties.
g. S. 24. Presumption in the case of conduct of pre-natal diagnostic techniques.
h. 25. Penalty for contravention of the provisions of the Act or rules for which no specific
punishment is provided.
i. S. 26. Offences by companies.
j. S. 27 Offence to be cognizable, non-bailable and non-compoundable.  S.28 Cognizance of
offences.}
6. THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

Aim of the Act: An Act to provide for the termination of certain pregnancies by registered
medical practitioners and for matters connected therewith or incidental thereto.

Purpose or Reason of passing: Regarding the abortion laws in India, the Shantilal Shah
Committee was established by the Central Family Planning Board of India in 1964. To
increase its efficacy and to lower the incidences of botched abortions and maternal deaths that
were linked to illegal and unsafe abortions, the report advocated liberalizing the rules
governing abortion. Its purpose was to investigate and examine the moral, social, legal, and
medical justifications for abortion.

Conditions for termination of pregnancy under the Medical Termination of Pregnancy

Act: According to Section 3 of the Medical Termination of Pregnancy Act, 1971 states that
When pregnancies may be terminated by the registered medical practitioners and are as
follows: -

 A licensed health professional who terminates a pregnancy in accordance with the law
should not be held in violation of any crime listed in the Indian Penal Code, 1860, or any
other legislation at the time of the medical procedure.
 Where the gestational period has not lasted longer than 12 weeks. 
 Where the length and duration of the pregnancy has exceeded 12 weeks but not 20 weeks.
The same should be decided on a case-to-case basis by the authentic assessments of the
two doctors.
 When there is a probability that the unborn child will have poor physiological and mental
health and may also be disabled.
 It is crucial to keep in mind that any girl under the age of 18 who is insane or of unsound
mind cannot have her pregnancy terminated without her guardian’s or parent’s written
authorization.
 A woman’s bodily or mental health will be in great danger if the pregnancy is allowed to
continue.
 As stated under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971,
termination of pregnancy is allowed till the 20th week and not more than that. 

 As per Section 3(2)(b)(ii) of the Medical Termination of Pregnancy Act, 1971, there is a

significant chance that the foetus, if it were to be delivered, would be severely
handicapped due to physiological or mental defects. In this case, the pregnancy can be
medically terminated. 

However, there are several tests that are performed in the 20th week of pregnancy to
detect the abnormality of the foetus, and such abnormality is confirmed only after the
completion of 20 weeks of the gestation period. This raised several questions about the
applicability of the above-mentioned sections of the Medical Termination of Pregnancy
Act, 1971. 

Other significant legal provisions are: -

1. The destination of the pregnancy termination is specified under Section 4 of the Act. It
implies that all public hospitals that are properly furnished with the required resources are
allowed to offer abortion services.
2. Section 5(1) of the Medical Termination of Pregnancy Act, 1971 establishes two key
conditions pertaining to abortion, which assert that if the concerned doctor acts in good
faith as well as due diligence and determines that it is absolutely essential to carry out the
termination of pregnancy, it would not be compulsory by law to accept the medical
opinions of two registered medical practitioners. Additionally, it states that if it is
discovered that the termination was conducted by a non-registered healthcare
professional, it would constitute a criminal offence.

Judgments: -

a. X v. HEALTH AND FAMILY WELFARE DEPARTMENT, 2022. (important and

must learn)

The judgment stated that prohibiting unmarried or single pregnant women (whose
pregnancies are between twenty and twenty-four weeks) from accessing abortion while
allowing married women to access them during the same period would fall foul of the spirit
guiding Article 14. The law should not decide the beneficiaries of a statute based on narrow
patriarchal principles about what constitutes “permissible sex”, which create invidious
classifications and excludes groups based on their personal circumstances.

 Barriers to accessing safe and legal abortions: Despite the enactment of the MTP Act,
a number of hurdles, such as insufficient infrastructural facilities, a lack of awareness,
social stigma, and failure to ensure confidential care, continue to prevent full access to
safe and legal abortions, pushing women to avail of clandestine, unsafe abortions.
Unmarried women face particular barriers due to gender stereotypes about women’s
sexual autonomy outside marriage. Such barriers may contribute to a delay in accessing
abortion services or a complete denial of such services, consequently negating women’s
right to reproductive autonomy.
 Transcending the institution of marriage as a source of rights: The Court stressed
upon the need for the law to remain cognizant of the fact that changes in society have
ushered in significant changes in family structures. As observed in Deepika Singh v.
Central Administrative Services, 2022, indicates the need to legally recognize non-
traditional manifestations of familial relationships. Such legal recognition is necessary to
enable individuals in non-traditional family structures to avail of the benefits under
beneficial legislation, including the MTP Act.
 Equal status of married and unmarried or single women: In the evolution of the law
towards a gender equal society, the interpretation of the MTP Act and MTP Rules must
consider the social realities of today and not be restricted by societal norms of an age
which has passed into the archives of history. As society changes and evolves, so must
our mores and conventions. A changed social context demands a readjustment of our
laws.
 Right to reproductive autonomy: The right to reproductive autonomy is closely linked
with the right to bodily autonomy i.e., the right to take decisions about one’s body. The
decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right
to bodily autonomy and decisional autonomy of the pregnant woman i.e., the right to
choose the course of her life. Hence, it is the woman alone who has the right over her
body and is the ultimate decisionmaker on the question of whether she wants to undergo
an abortion.
 Right to dignity: The right to choose for oneself – be it as significant as choosing the
course of one’s life or as mundane as one’s day-to-day activities – forms a part of the
right to dignity. It is this right which would be under attack if women were forced to
 continue with unwanted pregnancies. The right of every woman to make reproductive
choices without undue interference from the state is central to the idea of human dignity.
Deprivation of access to reproductive healthcare or emotional and physical wellbeing also
injures the dignity of women.
 Purposive Interpretation of Rule 3B of the MTP Rules to include unmarried women,
single women, or women without a partner under its ambit: It is important to note
that Rule 3B does not enumerate all the potential changes that a woman’s material
circumstances may undergo. It merely specifies some of the potential changes to a
woman’s material circumstances. From the object and purpose of the MTP Act, its
overall scheme, and the categories of women specified in Rule 3B, it is evident that it was
not the intention of the legislature to restrict the benefit of Section 3(2)(b) and Rule 3B
only to women who may be confronted with a material alteration in the circumstances of
their lives in the limited situations enumerated in Rule 3B. Rather, the benefit granted
by Rule 3B must be understood as extending to all women who undergo a change of
material circumstances.
b. K S Puttaswamy v. Union of India (2018) - termination of pregnancy also comes under
the ambit of ‘personal liberty’ mentioned under Article 21 of the Constitution of India.
Likewise, the Medical Termination Act of 1971 also recognizes abortion as a qualified
right.