ACTS AND RULES

The Ministry of Women and Child Development has been administering various special laws relating to women such as the Protection of Women from Domestic Violence Act, 2005;r Dowry Prohibition Act, 1961; Indecent Representation of Women (Prohibition) Act, 1986; the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Prohibition of Child Marriage Act, 2006. The said Ministry is also administering the Juvenile Justice (care and protection of children) Act, 2015, the Commissions for Protection of Child Rights Act, 2005 and the Protection of Children from Sexual Offences Act, 2012
THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956- any person who, being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.
Punishment for living on the earnings of prostitution .—Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both, and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years.
Protective homes.— The State Government may in its discretion establish as many protective homes and corrective institutions under this Act as it thinks fit and such homes and institutions when established shall be maintained in such manner as may be prescribed. No person or no authority other than the State government shall, after the commencement of this Act, establish or maintain any protective home or corrective institution except under and in accordance with the conditions of, a licence issued under this section by the State Government. The State Government may, on application made to it in this behalf by a person or authority, issue to such person or authority a licence in the prescribed form for establishing and maintaining or as the case may be, for maintaining a protective home or corrective institution and a licence so issued may contain such conditions as the State Government may think fit to impose in accordance with the rules made under this Act: Provided that any such condition may require that the management of the protective home or corrective institution shall, wherever practicable, be entrusted to women: Provided further that a person or authority maintaining any protective home at the commencement of this Act shall be allowed a period of six months from such commencement to make an application for such licence: Provided also that a person or authority maintaining any corrective institution at the commencement of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978, shall be allowed a period of six months from such commencement to make an application for such licence. Before issuing a licence, the State Government may require such officer or authority as it may appoint for this purpose, to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall allow such procedure as may be prescirbed. A licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf atleast thirty days before the date of its expiration, be renewed for a like period. No licence issued or renewed under this Act shall be transferable.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ACT NO. 43 OF 2005 In this Act, unless the context otherwise requires,— “aggrieved person” means 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; “child” means any person below the age of eighteen years and includes any adopted, step or foster child; “compensation order” means an order granted in terms of section 22; “custody order” means an order granted in terms of section 21; “domestic incident report” means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person; “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it— 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 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 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 otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
The Child Protection Act In India guarantees children’s rights. The Indian Constitution asks the Government to have a policy to secure children against abuse, labor, molestation, and other problems. They should be given opportunities to grow healthily with dignity and freedom, protected from material and moral abandonment.
In this Act the word “children” applies to individuals under the age of 18. Child protection authorities may decide, with the consent of a young person, that arrangements made on the basis of this Act remain in force after the person reaches the age of 18 years, to a maximum age of 20 years. “Child protection authorities” are [the Ministry], 1) the Government Agency for Child Protection, [the Welfare Appeals Committee]2) and child protection committees. [“Parents” refers to parents as defined in Section I of the Act in Respect of Children. For the purposes of this Act, “parents” also generally refers to persons exercising custody of a child.] 3) With regard to the nature of guardianship, the provisions of the Children Act shall apply. 1) Act No. 126/2011, Article 346. 2) Act No. 85/2015, Article 13. 3) Act No. 80/2011, Article 1.
Reporting of pornographic material involving a child.––Any person who has received any pornographic material involving a child or any information regarding such pornographic material being stored, possessed, distributed, circulated, transmitted, facilitated, propagated or displayed, or is likely to be distributed, facilitated or transmitted in any manner shall report the contents to the SJPU or local police, or as the case may be, cyber-crime portal (cybercrime.gov.in) and upon such receipt of the report, the SJPU or local police or the cyber-crime portal take necessary action as per the directions of the Government issued from time to time. In case the “person” as mentioned in sub-rule (1) is an “intermediary” as defined in clause (w) of sub-section (1) of section 2 of the Information Technology Act,2000, such person shall in addition to reporting, as provided under sub-rule(1), also hand over the necessary material including the source from which such material may have originated to the SJPU or local police, or as the case may be, cyber-crime portal (cybercrime.gov.in) and upon such receipt of the said material, the SJPU or local police or the cyber-crime portal take necessary action as per the directions of the Government issued from time to time. The report shall include the details of the device in which such pornographic content was noticed and the suspected device from which such content was received including the platform on which the content was displayed. The Central Government and every State Government shall make all endeavors to create widespread awareness about the procedures of making such reports from time to time.

Download PDF

ACTS AND RULES

This website uses cookies.