"In order to become a world-class economy, a State cannot leave 50% of her talent locked up at home." 1. Article 15 Constitution of India
The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (Article 15 (i))
The State to make any special provision in favor of women and children (Article 15 (3))
2. Article 39 Constitution of India
The State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means to livelihood (Article 39(a));
Equal pay for equal work for both men and women; (Article 39(d)).
3. Equal Remuneration Act, 1976
This act aims to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment.
Section 5: No employer shall, while making recruitment for the same work or work of a similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women.
4. Article 42 Constitution of India:
The State shall make provision for securing just and humane conditions of work and for maternity relief.
5. Maternity Benefit (Amendment) Act, 2017
Under this law a pregnant woman employee is entitled to avail paid maternity leave for 26 weeks.
Further, the law allowed pregnant women to avail Maternity Benefit for 8 weeks prior to the date of expected delivery.
6. Sexual Harassment (Prevention, Prohibition redressal) Act, 2013.
Sexual harassment at workplace is a form of gender discrimination which violates a woman’s fundamental right to equality and right to life, guaranteed under Articles 14, 15 and 21 of the Constitution of India. Sexual harassment at workplace not only creates an insecure and hostile working environment for women but also impedes their ability to deliver in today’s competing world.
The POSH Act has been enacted with the objective of preventing and protecting women against workplace sexual harassment and to ensure effective redressal of complaints of sexual harassment.
7. Section 67 of Information Technology Act
Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on 1st conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of 2nd or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
8. Dowry Prohibition Act, 1961 : Enacted to prohibit giving and taking of dowry.
a. Section 3—If any person gives or takes or abets; shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.
b. Section 4—If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom any dowry; imprisonment shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees.
9. Under the Hindu adoption and maintenance Act, 1956, a single Hindu female can adopt a son or a daughter.
10. The Medical Termination of Pregnancy (MTP) Act 1971—A law legalized abortion in India up to 20 weeks of pregnancy, based on certain conditions and when provided by a registered medical practitioner at a registered medical facility. Conditions under the MTP Act:
Continuation of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health;
Substantial risk that the child, if born, would be seriously handicapped due to physical or mental abnormalities;
Pregnancy is caused by rape (presumed to constitute grave injury to mental health)
11. The Indecent Representation of Women (Prohibition) Act, 1976.
A law enacted to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner.
Section 3: Prohibition of advertisements containing indecent representation of women.
Section 4: Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women.
d. Section 6—Any person who contravenes the provisions of section 3 or section 4:
1st Conviction: imprisonment may extend to two years, and with fine which may extend Rs. 2000/-,
2nd OR SUBSEQUENT CONVICTION: imprisonment for a term of not less than six months but which may extend to five years and also with a fine not less than Rs. 10,000 – 1 lakh.
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