Social Legislations for the protection and welfare of Children, Women and Minorities, etc.

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[<–2/”>a >su_heading]Women[/su_heading]

Protection of Women from Domestic Violence Act 2005 already covered now

Sexual Harassment the workplace

Sexual harassment at the workplace has been one of the central concerns of the women‘s movement in India since the ‘80s. In 1997, The Supreme Court passed a landmark judgment in the Vishakha Case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue/ Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:

  1. a) Physical contact and advances;
  2. b) A demand or request for sexual favours;
  3. c) Sexually coloured remarks;
  4. d) Showing pornography;
  5. e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Complaints mechanism

  • All workplaces should have an appropriate complaints mechanism with a complaints committee, special counsellor or other support Services.
  • A woman must head the complaints committee and no less than half its members should be women

. • The committee should include an NGO/individual familiar with the issue of sexual harassment.

  • The complaints procedure must be time-bound.
  • Confidentiality must be maintained.
  • Complainants/witnesses should not experience victimisation/discrimination during the process.

Preventive steps

  • Sexual harassment should be affirmatively discussed at workers‘ meetings, employer-employee meetings, etc.
  • Guidelines should be prominently displayed to create awareness about the rights of female employees.
  • The employer should assist persons affected in cases of sexual harassment by outsiders.
  • Central and state governments must adopt measures, including

legislation, to ensure that private employers also observe the guidelines. • Names and contact numbers of members of the complaints committee must be prominently displayed.

Employers‘ responsibilities

  • Recognise sexual harassment as a serious offence.
  • Recognise the responsibility of the company/ factory/workplace to prevent and deal with sexual harassment at the workplace.
  • Recognise the liability of the company, etc, for sexual harassment by the employees or management. Employers are not necessarily insulated from that liability because they were not aware of sexual harassment by staff.
  • Formulate an anti-sexual harassment policy.

[su_heading]Child[/su_heading]

The protection of children from sexual offenses Act 2012

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act), was enacted to protect children from offences of sexual assault, sexual harassment and pornography and to provide a childfriendly system for the trial of these offences. The Act provides for seven specific sexual offences against children and stipulates child-friendly legal procedures that must be adhered to during investigation and trial. Under the POCSO Act, the term ―child‖ has been defined to mean ―any person below the age of eighteen years‖ . The Act does not recognize sexual autonomy of children in any form. Children can also be held liable for committing sexual offences under the Act. As a result, sexual interactions or intimacies among or with children below the age of 18 years constitute an offence.

The aims and objectives of this Act were:

 To secure a child‘s right to safety, security and protection from sexual abuse.

 To protect children from inducement or coercion to sexual activity

 To prevent exploitative use of children in prostitution and generation of pornographic material.

 To provide a comprehensive legislation to safeguard the interest of a child at every stage – reporting, recording of evidence, investigation and trial of offences.

 To provide for establishment of special courts for sensitive and speedy trial

It made the law gender neutral and brought within its purview sexual assault of both girls and boys below the age of 18 years. It also widened the definition of sexual violence beyond the conventional peno-vaginal penetration to include crimes which did not amount to rape under the IPC. It also prescribed stringent punishment and many procedural safety measures to protect the child during investigation and trial.

Laws related to Child Labour.

Constitution of India contains provisions for survival, development and protection of children; these are mainly included in Part III and Part IV of the Constitution, i.e., Fundamental Rights and Directive Principles of State Policy. India follows pro-active policy towards tackling child labour problem. The concern for children in general and child labour in particular is reflected through the Articles of the Constitution of India.

ARTICLE 23 prohibits traffic in human being and begar and other similar forms of forced labour.

 Article 24 it has laid down that ―no child under the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous EMPLOYMENT‖.

 Article 39(e) and (f) requires the State and secure that the tender age of children are not abused and to ensure that they are not forced by economic necessity to enter avocations unsuited in their age or strength. Those children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

 Article 45 provides, for free and compulsory Education for all children until they complete the age of 14 years.

 Article 51A(k) makes it a fundamental duty of the parent or Guardian to provide opportunities for education to the child or ward between the age of 6 and 14 years.

 Art. 21-A recognizes that the Right to Education as fundamental right and it mandates that, the state shall provide free and compulsory education to all children of age of six to fourteen years in such manner as the state may, by law, determine.

The Child Labour (Prohibition and Regulation) Act, 1986

Several of legislations were enacted since 1881 for progressively extending legal protection to the working children. Provisions relating to child labour under various legislations have concentrated mainly on aspects such as minimizing working hours, increasing minimum age and prohibition of employment of children in occupation and processes detrimental to the Health and welfare of children of tender age.

Main Provisions of the Bill are:-

(1) Ban the employment of children, i.e. those who have not completed their fourteenth year in specified occupations and processes;

(2) Lay down a procedure to decide modifications to the schedule of banned occupations or processes;

(3) Regulate the conditions of work of children engaged in forms of employment in which they are permitted to work;

(4) Prescribe enhanced penalties for employment of children in violation of the provisions of this Act and other Acts that forbid the employment of children

(5) Establish uniformity in the definition of child in laws concerning them.

[su_heading]Minorities[/su_heading]

The Constitution of India does not define the word ‘Minority’ and only refers to ‘Minorities’ and speaks of those ‘based on religion or language’. Various schemes/programs for minorities are:-

Educational Empowerment

  • Scholarship Schemes
  • Maulana Azad National Fellowship (MANF)
  • Padho Pardesh – Scheme of Interest Subsidy on Educational Loans for Overseas Studies for the Students Belonging to the Minority Communities
  • Free Coaching and Allied Scheme
  • Nai Udaan – Support for Students for preparation of Main Examination who clear Prelims conducted by UPSC/SSC, State Public Service Commission (PSC) etc.

Economic Empowerment

  • Skill development
  • Seekho aur Kamao (Learn & Earn)
  • USTTAD (Upgrading the Skills and Training in Traditional Arts/ Crafts for Development)
    Nai Manzil
  • Maulana Azad National Academy for Skills(MANAS)
  • Concessional credit through National Minorities Development and Finance Corporation (NMDFC)

Infrastructure-2/”>INFRASTRUCTURE-development/”>Infrastructure Development

  • Multi-sectoral Development Programme (MsDP)
  • Special Needs
  • Nai Roshni – The Leadership Development of Minority Women
  • Hamari Dharohar
  • Jiyo Parsi – Scheme for Containing Population Decline of Parsis in India

Waqf Management

  • Scheme for Strengthening of State Waqf Boards
  • Computerization of the records of State Waqf Boards Scheme
  • Reasearch/ Studies, Monitoring and Evaluation of Development Scheme Including Publicity

Support to Institutions

  • Corpus Fund to Maulana Azad Education Foundation (MAEF)
  • Equity to National Minorities Development and Finance Corporation (NMDFC)
  • Grant in Aid Scheme to State Channelising Agencies of National Minorities Development & Finance Corporation

Prime Minister’s New 15 Points Programme for the Welfare of Minorities,

India has a long history of social legislations for the protection and welfare of children, women and minorities. These legislations have been enacted to ensure that these vulnerable sections of the Society are protected from exploitation and discrimination.

Some of the key social legislations for the protection of children include the Child Labour (Prohibition and Regulation) Act, 1986, the Juvenile Justice (Care and Protection of Children) Act, 2000, and the Protection of Children from Sexual Offences Act, 2012. The Child Labour Act prohibits the employment of children below the age of 14 in any occupation or process. The Juvenile Justice Act provides for the care and protection of children who are in conflict with the law or who are in need of care and protection. The Protection of Children from Sexual Offences Act provides for the protection of children from sexual abuse and exploitation.

Some of the key social legislations for the protection of women include the Domestic Violence Act, 2005, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the The Transgender Persons (Protection of Rights) Act, 2019. The Domestic Violence Act provides for protection of women from domestic violence. The Sexual Harassment of Women at Workplace Act provides for the prevention, prohibition and redressal of sexual harassment of women at workplace. The The Transgender Persons (Protection of Rights) Act provides for the protection of transgender persons from discrimination and harassment.

Some of the key social legislations for the protection of minorities include the National Commission for Minorities Act, 1992, the National Commission for Scheduled Castes Act, 1993, and the National Commission for Scheduled Tribes Act, 1992. The National Commission for Minorities is a statutory body constituted by the Government of India to safeguard the interests of minorities in India. The National Commission for Scheduled Castes is a statutory body constituted by the Government of India to safeguard the interests of Scheduled Castes in India. The National Commission for Scheduled Tribes is a statutory body constituted by the Government of India to safeguard the interests of Scheduled Tribes in India.

These social legislations have been instrumental in protecting the rights of children, women and minorities in India. However, there is still a long way to go in ensuring that these vulnerable sections of the society are fully protected from exploitation and discrimination. More needs to be done to implement these legislations effectively and to create awareness about them among the general public.

One of the key challenges in implementing these social legislations is the lack of awareness about them among the general public. Many people are not aware of the rights that these legislations provide to children, women and minorities. This lack of awareness can lead to exploitation and discrimination.

Another challenge is the lack of Resources to implement these legislations effectively. The government does not have enough resources to provide adequate protection to all children, women and minorities. This can lead to gaps in the implementation of these legislations.

Despite these challenges, the social legislations for the protection of children, women and minorities in India have made a significant impact in improving the lives of these vulnerable sections of the society. These legislations have helped to reduce exploitation and discrimination, and have provided a safety net for children, women and minorities.

Here are some frequently asked questions and short answers about social legislations for the protection and welfare of children, women, and minorities:

  • What are social legislations?
    Social legislations are laws that are designed to protect and promote the welfare of certain groups of people, such as children, women, and minorities. These laws can cover a wide range of issues, such as education, employment, housing, and healthcare.

  • Why are social legislations important?
    Social legislations are important because they help to ensure that all people have access to the basic necessities of life and are treated fairly under the law. They can also help to reduce POVERTY and inequality.

  • What are some examples of social legislations?
    Some examples of social legislations include the following:

  • The Child Labor Act of 1938: This law prohibits the employment of children under the age of 14 in most industries.

  • The Equal Pay Act of 1963: This law prohibits employers from paying women less than men for doing the same work.
  • The Civil Rights Act of 1964: This law prohibits discrimination on the basis of race, color, religion, sex, or national origin.

  • The Americans with Disabilities Act of 1990: This law prohibits discrimination against people with disabilities.

  • What are some of the challenges to implementing social legislations?
    Some of the challenges to implementing social legislations include the following:

  • Lack of funding: Social programs can be expensive to run, and governments may not have the resources to provide adequate funding.

  • Lack of political will: Some politicians may not be supportive of social programs, and may not be willing to allocate the necessary resources to them.

  • Lack of public support: Some people may not be supportive of social programs, and may believe that they are not necessary or effective.

  • What are some of the successes of social legislations?
    Some of the successes of social legislations include the following:

  • The reduction in child labor: The Child Labor Act of 1938 has helped to reduce the number of children working in the United States.

  • The increase in the number of women in the workforce: The Equal Pay Act of 1963 has helped to increase the number of women in the workforce.
  • The reduction in discrimination: The Civil Rights Act of 1964 has helped to reduce discrimination against people of color, women, and people with disabilities.

  • The increase in access to healthcare: The Affordable Care Act of 2010 has helped to increase access to healthcare for millions of Americans.

  • What are some of the future challenges of social legislations?
    Some of the future challenges of social legislations include the following:

  • The aging population: The population of the United States is aging, and this will put a strain on social programs such as Social Security and Medicare.

  • The rise of income inequality: Income inequality has been increasing in the United States, and this could make it more difficult to fund social programs.
  • The changing nature of work: The nature of work is changing, and this could make it more difficult to provide jobs for people who are unemployed or underemployed.

Overall, social legislations are important tools for protecting and promoting the welfare of children, women, and minorities. However, there are a number of challenges to implementing these laws, and it is important to be aware of these challenges in order to ensure that social legislations are effective.

Question 1

Which of the following is not a social legislation?

(A) The Right of Children to Free and Compulsory Education Act, 2009
(B) The Hindu Marriage Act, 1955
(C) The Protection of Women from Domestic Violence Act, 2005
(D) The Maternity Benefit Act, 1961

Answer

(B) The Hindu Marriage Act, 1955 is a personal law and not a social legislation.

Question 2

Which of the following is not a right guaranteed by the Constitution of India?

(A) Right to Equality
(B) Right to freedom
(C) Right against exploitation
(D) Right to Property

Answer

(D) Right to property was not a fundamental right after the 44th Amendment of the Constitution in 1978.

Question 3

Which of the following is not a directive principle of state policy?

(A) To secure justice, social, economic and political, to all citizens
(B) To promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life
(C) To provide adequate means of livelihood for all citizens
(D) To prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Answer

(D) To prohibit the consumption of intoxicating drinks and drugs which are injurious to health is not a directive principle of state policy. It is a provision of the Constitution under Article 47.

Question 4

Which of the following is not a Fundamental Duty?

(A) To abide by the Constitution and respect its ideals and institutions
(B) To cherish and follow the noble ideals which inspired our national struggle for freedom
(C) To defend the country and render national service when called upon to do so
(D) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities

Answer

(D) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities is not a Fundamental Duty. It is a provision of the Constitution under Article 51A(c).

Question 5

Which of the following is not a writ?

(A) Habeas Corpus
(B) Mandamus
(C) Certiorari
(D) Prohibition

Answer

(D) Prohibition is not a writ. It is a power of the High Court to prevent an inferior court or tribunal from exceeding its jurisdiction.

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