സുപ്രധാന നിയമങ്ങൾ
Protection and Safeguarding of Women – Offences affecting Public
Decency and Morals. National and State Commission for Women – The
Protection of Women (from Domestic Violence) Act, 2005
എല്ലാ ദിവസത്തെയും അതാതു ക്ലാസുകൾ ലഭിക്കാൻ ടെലിഗ്രാം ചാനലിൽ ജോയിൻ ചെയ്യൂ.
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The POSH Act is a legislation enacted by the Government of India in 2013 to address the issue of sexual harassment faced by women in the workplace.
The Act aims to create a safe and conducive work environment for women and provide protection against sexual harassment.
The PoSH Act defines sexual harassment to include unwelcome acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Background: The Supreme Court in a landmark judgment in the Vishakha and others v State of Rajasthan 1997 case gave ‘Vishakha guidelines’.
These guidelines formed the basis for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The SC also drew its strength from several provisions of the Constitution including Article 15 (against discrimination on grounds only of religion, race, caste, sex, and place of birth), also drawing from relevant International Conventions and norms such as the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Definition of domestic violence.—For the purposes of this Act, any act, omission or commission
or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or valuable
security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily
pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved
person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades
or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard
to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested
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