WOMEN AND THE EVIL PRACTICES IN THE SOCIETY

WOMEN AND THE EVIL PRACTICES IN THE SOCIETY AJOY KR. MUKHERJEE ADDITIONAL DIRECTOR, WEST BENGAL JUDICIAL ACADEMY

Some of the Evil Practices and the Law • Child Labour and The Child Labour Prohibition and Regulation Act, 1986. • Child Marriage and The Prohibition of Child Marriage Act, 2006. • Satidaha and The Commission of Sati (Prevention) Act, 1987. • Sex Determination and The Pre-Conception and Pre. Natal Diagnostic techniques (Prohibition of Sex Selection) Act, 1994. • Prostitution and The Immoral Traffic (Prevention) Act, 1956

Child Labour and The Child Labour Prohibition and Regulation Act, 1986.

Some common causes of Child Labour ØORPHANS – Children born out of wedlock and children with no parents and relatives, often do not find anyone to support them. They are being forced to work for their own living. ØUNEMPLOYMENT OF ELDERS – Elders often find it difficult to get jobs. The industrialists and factory owners find it profitable to employ children. This is so because they can pay less and extract more work. They will also not create Trade Union people. ØURBANIZATION – Multinational Companies and export industries in the developing world employ child workers, particularly in the garment industry. ØPOVERTY – Many a time poverty forces parents to send their children to hazardous jobs. ØILLITERACY – Illiterate parents often do not realize the need for a proper physical, emotional and cognitive development of a child.

Some common causes of Child Labour ØORPHANS – Children born out of wedlock and children with no parents and relatives, often do not find anyone to support them. They are being forced to work for their own living. ØUNEMPLOYMENT OF ELDERS – Elders often find it difficult to get jobs. The industrialists and factory owners find it profitable to employ children. This is so because they can pay less and extract more work. They will also not create Trade Union people. ØURBANIZATION – Multinational Companies and export industries in the developing world employ child workers, particularly in the garment industry. ØPOVERTY – Many a time poverty forces parents to send their children to hazardous jobs. ØILLITERACY – Illiterate parents often do not realize the need for a proper physical, emotional and cognitive development of a child.

Some Major Legislative Developments ØConstitution of India– Art. 24 of the constitution of India prohibits Child Labour ØThe Factories Act, 1948– The Act prohibits the employment of children below the age of 14 years in any factory. The law also prescribes on who, when and how long can Pre-adults aged 15 -18 years be employed in any factory. ØThe Mines Act of 1952– The Act prohibits the employment of children below 18 years of age in a mine. ØThe Juvenile Justice(Care and Protection) of Children Act, 2000 - This law made it a crime punishable with imprisonment for anyone who procure or employ a child in any hazardous employment or in bondage.

Some Major Legislative Developments ØThe right of Children to free and compulsory education Act, 2009– The law mandates free and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25% seats in every private school must be allocated for children from disadvantaged groups and physically challenged children. ØThe Plantation of Labour Act, 1951– Sec 2(a), (c) & Sec 26 ØThe Merchant Shipping Act, 1958– Sec. 109 ØThe Motor Transport Workers Act, 1961 - Sec. 2(a) & (c)

Some important features of the Child Labour (Prohibition and Regulation) Act, 1986 ØPreamble– An act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments. ØDefinition of Child– Child means a person who has not completed his/her Fourteen years of age (Sec 2 (ii)) ØWeekly Holiday– Every child shall be allowed in each week a holiday of one whole day. (Sec. 8) ØHours and Period of work – i) No child shall work for more than 3 hours before he has had an interval for rest for at least one hour. ii) The period of work of a child shall be so arranged that inclusive of his interval for rest, it shall not be spread over more than six hours. iii) No child shall be permitted or required to work between 7 pm and 8 am. iv) No child shall be required or permitted to work overtime.

Prohibition of employment of children in certain occupations and processes Same Occupations (Schedule Part A) ØEmployment of Children as domestic workers or servants. ØEmployment of children in dhabas, restaurants, hotels, motels, tea-shops, resorts, spas etc. ØHandling of toxic or inflammable substances or explosives. ØHandloom and Power loom industry. ØMines. ØPlastic units and fibre glass workshops. Ø Automobile workshops and garages.

Prohibition of employment of children in certain occupations and processes Same Processes (Schedule Part B) ØBidi making. ØCarpet weaving. ØCement Manufacture. ØCloth Printing, dyeing, weaving etc. ØManufacture of matches, explosives, fire-works. ØBuilding and construction industry. Ø Aggarbatti manufacturing. ØDetergent manufacturing. ØJute textile manufacturing. ØSaw mill. ØStone breaking and stone crushing. ØZari making ØElectoplating

PENALTIES (SEC. 14) Whoever employs any child or permits any child to work in contravention of Sec. 3 shall be punishable with imprisonment upto 1 year and fine upto twenty thousand rupees. For subsequent offences punishment may extend to 2 years.

PROCEDURE(SEC. 16) • Any person, police officer or inspector may file a complain of the commission of an offence under this Act in the court of Metropolitan Magistrate or a Magistrate of the 1 st Class having jurisdiction.

Child Marriage and The Prohibition of Child Marriage Act, 2006

Prohibition of Child Marriage Act, 2006 ØPrevention ØProtection ØProsecution of Offender

PREVENTION ØThe solemnization of child marriage is made cognizable and non-bailable offence (Sec. 15) i) Provision for appointment of Child Marriage Prohibition Officer of State(CMPOS) to prevent child marriages. ii) They ensure not only Protection of the victim but also Prosecution of the offender iii) To create awareness of the evil and to sensitize the community on the issue of child marriage (Sec 16) ØA Judicial Magistrate has been given Power to issue an injunction Prohibiting child marriage Sec 13(1)

PREVENTION ØChild marriages will be declared null and void if the injunction prohibiting child marriage is violated (Sec 14) ØChild marriage is void, if the child is taken away from their lawful guardian by enticement, force or use of deceitful means or is sold or trafficked for the purpose of marriage (Sec 12)

PROTECTION ØThe law makes child marriage voidable by giving choice to the children in the marriage to seek annulment of marriage (Sec. 3) ØIt provides for maintenance and residence of female contracting party(Sec. 4) ØWhile granting decree of nullity , the court shall direct to return to the other party, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side on an amount equal to the value of the same. (Sec 3(4)).

PROTECTION ØIt gives a legal status to all children born from child marriages and makes provision for their custody and maintenance (Sec 6). ØCMPOS may produce children in need of care and protection before CWC or a first class Judicial Magistrate.

PROSECUTION ØThe law provides for punishment for an adult male above 18 years marrying a child which may extend to 2 years and with fine upto 1 lakh rupees or both (Sec. 9) ØIt also lays down punishment for those performing/conducting/abetting a child marriage (same punishment, Sec 10).

Where and by Whom complain can be lodge ØComplain can be lodged by any person and even a first class Judicial Magistrate may also take suo moto cognizance on the basis of any information (Sec. 13(2)&(3)). ØComplaints can be either oral or written. ØA complaint cab be filed before a Judicial Magistrate of 1 st Class or a M. M. ØA complain can also be made in the nearest P. S. and Police Officer should register an FIR based on such complaint. ØUnless and until contrary is proved, it shall be presumed, where a minor child has contracted marriage, the person having charge of such minor child has negligently failed to prevent the marriage form being solemnised.

Satidaha and The Commission of Sati (Prevention) Act, 1987.

On September 4, 1987, 17 year old Roop Kanwar consigned herself to flames or was burnt alive on the funeral pyre of her husband Mall Singh Shekhawat at Deora village in Rajasthan. Sixteen years later on Jan 31, 2004, a special court acquitted all 11 accused persons for lack of evidence. In the absent of specific law accused persons were charged with case of murder, which however was not proved before the court of law. On 10 -10 -1987, State Court of Rajasthan promulgated the Rajasthan Sati (Prevention) ordinance 1987. Following a demand made for a strong and effective Central Act, the Commission of Sati (Prevention) Act, 1987 was passed which came into effect on 21. 03. 1988.

Traditionally a women who commits Sati is glorified and immortalised and temples are constructed as memorials and the “Sati Mata” is worshiped as a deity. It is said, there are still around 130 Sati temples in India and nearly half of them are in Rajasthan. The Law prohibiting Sati was promulgated 150 years back but recent Deora incident shows that this barbaric practice has not been totally abolished.

The Commission of Sati (Prevention) Act, 1987. ØSati means the burning or burying alive of any widow or any women along with the body of her deceased husband or any other relative. (Sec. 2(c)) ØAbatement of Sati and attempt to commit Sati both are Punishable offence under the Act (Sec. 3 & 4) ØWhoever abets the Commission of such Sati either directly or indirectly, shall be punishable with death or imprisonment(or life and shall also be liable to fine(Sec. 4)). ØWhoever does any act for the glorification of Sati shall be punished with imprisonment and fine (Sec. 5)

The Commission of Sati (Prevention) Act, 1987. ØAct gives power to remove certain temples or structures where worship or performance of any ceremony is carried on, with a view to perpetuate the honour of or to preserve the memory of a person of whom Sati has been committed. ØEvery offence under this Act shall be triable by a special court constituted under the Act in presence of Special Public Prosecutor appointed for this purpose. ØA special court may take cognizance of any offence, without the accused being committed to it for trial.

Sex Determination and The Pre-Conception and Pre-Natal Diagnostic techniques (Prohibition of Sex Selection) Act, 1994

Some common causes for misuse of PNDT ØMYTH– Only male issue can give old age security. ØBELIEF– Only male issues are empowered to perform last rites. They are the true salvation. ØPERCEPTION – Common perception is only male issues can help as bread-earner in the family. ØCONVICTION– In the interest of lineage and inheritance male issue is always preferable than female issue.

Legal Initiative ØIn 1978 Government issued a directive banning the misuse of amniocentesis in Government hospitals and laboratories. ØIn 20 th September, 1994 The PC & PNDT Act came into force.

PC & PNDT Act Prohibits ØThe Pre-conception – Post Conception/Selection/Determination of Sex. ØCommunicating Sex. ØProhibits advertisement in any manner. ØProvides Punishment for violation.

An offence under this law is ØCOGNIZABLE– A Police officer may arrest the offender without warrant. ØNON-BAILABLE– Getting bail is not the accused. The courts have discretion to grant bail. ØNON-COMPOUNDABLE – Parties to the case cannot settle the case out of court and decide not to prosecute. (Sec. 27) Sex Ratio at Birth No. of girls to boys -935

When the law allow the conduct PNDT (Sec 4(2)) PNDT is allowed only for the detection of ØChromosomal abnormalities. ØGenetic metabolic diseases. ØHaemoglobinopathies. ØSex-linked genetic diseases. ØInborn anomalies. ØOther defects or diseases specified by the Central Supervisory Board.

When can PNDT be conducted (Sec. 4(3)) Techniques can be used or conducted only when any of the following conditions exist ØPregnant women is above 35 years. ØPregnant women has undergone twice spontaneous abortions or foetal loss. ØPregnant women has been exposed to Potentially teratogenic agents such as drugs/radiation/infection or chemicals. Ø Pregnant women or her spouse has a family history of mental retardation/physical deformities such as spasticity or any other genetic disease. Ø Any other condition specified by Central Supervisory Board.

When can a person conduct PND Procedures (Sec. 5) No person will Procedures unless conduct the PND a) Explained all known side and after effects of the Procedures to the Pregnant women. b) Obtained her written consent to undergo the Procedures in the language which she understands. c) Copy of her written consent is given to the Pregnant women.

Prohibition of advertisement (Sec 22) No person, organization including genetic counselling centre Laboratory or clinic will ØIssue. ØPublish. ØDistribute. ØCommunicate any advertisement regarding Pre-natal determination or Pre-conception sex selection by any means.

OFFENCES AND PENALTIES(Sec. 23) If any person acts contrary to Prohibitions listed in the Act, he will be liable to be punished with a) Upto 3 yrs imprisonment and fine upto Rs. 10, 000/- for 1 st time offence. b) For subsequent offence upto 5 yrs imprisonment and fine upto Rs. 50, 000/-.

In case of Doctor. ØIn case of a doctor his name will be reported by the appropriate authority to the State Medical Council for taking necessary action. ØSuspension of the registration if charges are framed by the court and till the case is disposed of. ØRemoval of this name from the Register of the Council on conviction for the period of i. Five years for the first offence ii. Permanently for the subsequent offence

Points to remenber ØNo genetic counselling centre, laboratory or clinic unless registered (Sec. 3). ØNo person can conduct any PND technique other than at a registered place. ØIt is mandatory that the person conducting VSG on a Pregnant women to keep complete record in the clinic (Sec 29). ØNo person including the person conducting a PND Procedures will communicate to the Pregnant or her relatives or any other person the sex of the foetus by words, signs or in any other manner. ØNo person shall sell any ultrasound machine or any other equipment capable of detecting sex of foetus to any concern or person, not registered under the Act.

Prostitution and The Immoral Traffic (Prevention) Act, 1956

Some causes of Prostitution ØIll treatment by parents. ØBad Company. ØSocial customs. ØInability to arrange a marriage ceremony. ØLack of sex education. ØPrior incest and rape. ØEarly marriage and desertion. ØPoverty and economic distress.