Human Rights Act, 1993 and NHRC+HRs Court + Special Public Prosecutor

The Protection of Human Rights Act, 1993 established the National Human Rights Commission
(NHRC), State Human Rights Commissions (SHRCs), and Human Rights Courts (HRCs). For every HRC,
the State Government appoints a Special Public Prosecutor, who is either a Public Prosecutor or an
advocate with at least seven years of experience.

Here's a more detailed breakdown:

1. National Human Rights Commission (NHRC):

 Established under the Protection of Human Rights Act, 1993.

 A statutory body with a Chairperson (usually a retired Supreme Court Chief Justice) and
members.

 The NHRC investigates complaints of human rights violations and can make
recommendations to the government.

2. Human Rights Courts (HRCs):

 Established by state governments with the concurrence of the Chief Justice of the High
Court.

 Each district has a specified Sessions Court as a Human Rights Court.

 HRCs are responsible for trying cases of human rights violations.

3. Special Public Prosecutor:

 Appointed by the state government for each HRC.

 The Special Public Prosecutor can be a Public Prosecutor or an advocate with at least seven
years of experience.

 The Special Public Prosecutor conducts cases in the HRC.

Key Provisions of the Act:

 Definition of Human Rights:

Section 2(d) defines human rights as rights relating to life, liberty, equality, and dignity guaranteed by
the Constitution or embodied in international covenants and enforceable by courts in India.

 Functions of NHRC:

The NHRC can inquire into violations of human rights, recommend compensation, and make
suggestions for improving human rights protection.

 State Human Rights Commissions:

State governments also have their own human rights commissions to deal with human rights
violations at the state level.

 Protection of Witnesses:

The Act provides some protection to witnesses who provide evidence before the NHRC, ensuring
that their statements are not used against them in other legal proceedings.
 POSH Act and ICC
The Internal Complaints Committee (ICC) is a mandatory requirement under the Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act). The Ministry
of Labour mandates that workplaces with 10 or more employees must establish an ICC to address
complaints of sexual harassment. The ICC serves as the first point of contact for an aggrieved woman
to file a complaint related to sexual harassment at the workplace.

Key aspects of the ICC under the Posh Act:

 Mandatory Composition:

The ICC must be formed by the employer, as per the guidelines outlined in the PoSH Act.

 Membership:

The committee should have three to four members, with at least half being women.

 Inquiry:

The ICC is responsible for investigating complaints of sexual harassment and making
recommendations to the employer.

 Redressal:

The committee's findings and recommendations are then implemented by the employer, with the
goal of preventing and redressing sexual harassment.

 Annual Report:

The PoSH Act mandates the ICC to submit an annual report to the employer and the Local Committee
(LCC) to the District Officer.

The ICC plays a crucial role in ensuring that the PoSH Act is effectively implemented and that
workplaces are free from sexual harassment.

IPC and Women

The Indian Penal Code (IPC) includes various provisions related to offenses against women, covering
a range of crimes like rape, outraging modesty, sexual harassment, and domestic violence. These
laws aim to protect women's rights and ensure justice for victims of various forms of violence and
harassment.

Specific Sections and Offenses:

 Rape:

Section 375 and 376 IPC address rape, with Section 376A providing harsher punishments for specific
circumstances like causing death or injury.

 Outraging Modesty:

Section 354 IPC penalizes assault or criminal force on a woman with the intent of outraging her
modesty.
  Sexual Harassment:

Section 354A IPC defines and punishes various forms of sexual harassment, including physical
contact, unwelcome advances, and sexually colored remarks.

 Domestic Violence:

Section 498A IPC deals with cruelty by a husband or his relatives, and Section 304B addresses dowry
death.

 Other Offenses:

The IPC also covers offenses like kidnapping, abduction, and murder, which may affect women.

Maternity Benefits Act

The Maternity Benefit Act, 1961 (as amended by the 2017 amendment) regulates the employment of
women in certain establishments during the period of childbirth and provides for maternity
benefits. It primarily applies to factories, mines, plantations, shops, and other establishments
employing 10 or more persons, excluding those covered by the Employees' State Insurance Act,
1948. The Act grants eligible women employees a period of maternity leave, with a full salary for the
period.

Key Provisions of the Act:

 Duration of Maternity Leave:

For the first two children, pregnant women are entitled to 26 weeks of maternity leave, with a
maximum of 8 weeks before the expected date of delivery. For the third or subsequent child, the
leave is reduced to 12 weeks, with a maximum of 6 weeks before the expected delivery.

 Payment of Maternity Benefit:

The Act mandates that employers pay the full maternity benefit to eligible women during their leave
period, which is typically 100% of their average daily wages.

 Eligibility:

The Act applies to women employed in establishments covered by the Act, regardless of their wage
level.

 Adoption and Surrogacy:

The Act extends maternity leave to women who adopt a child below three months old or who are
commissioning mothers. They are entitled to 12 weeks of maternity leave in these cases.

 Protection of Employment:

The Act prohibits employers from dismissing or changing the terms of employment of a pregnant
woman while she is on maternity leave.

 Medical Bonus:

The Act also provides for a medical bonus to help cover costs associated with prenatal and postnatal
care.
In essence, the Maternity Benefit Act, 1961 aims to protect the employment of women during
pregnancy and childbirth by providing them with a period of paid leave, financial assistance, and job
security.

Medical Termination of Pregnancy Act

The Medical Termination of Pregnancy (MTP) Act, 1971, legalizes abortion in India under certain
conditions. The act allows for termination of pregnancy by a registered medical practitioner, with
specific guidelines based on the gestational age of the pregnancy and the woman's circumstances.

Key Provisions of the MTP Act:

Gestational Age:

Abortion is generally permitted up to 20 weeks of pregnancy. For pregnancies between 20-24 weeks,
two registered medical practitioners must agree that continuation would pose a risk to the woman's
life or health, or there is a substantial risk of fatal abnormality.

Medical Necessity:

A registered medical practitioner can terminate a pregnancy up to 20 weeks if they believe the
continuation would endanger the woman's life or cause grave physical or mental harm.

Fatal Abnormalities:

After 20 weeks, a Medical Board can also authorize termination if there is a substantial risk that the
child would be born with serious physical or mental abnormalities.

Place of Termination:

Termination must be performed in a hospital or a place approved by the government or a district-

level committee.

Protection of Privacy:

The act includes provisions to protect the privacy of women undergoing termination procedures.

Amendment:

The MTP Act was amended in 2021, increasing the gestational limit for safe abortion from 20 to 24
weeks for certain women, according to an article on Drishti IAS.

Child labour laws

In India, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 prohibits the
employment of children under 14 in any capacity, including domestic help. The act also prohibits
adolescents (14-18 years) from working in hazardous occupations and processes. The law is further
strengthened by the 2016 amendment, which criminalizes employing a child and provides stricter
penalties for violations.

Key aspects of the law:

 Child Definition: Any person below 14 years of age.

  Prohibition: Employment of children under 14 is prohibited in all occupations, including as
domestic help.

 Hazardous Work for Adolescents: Adolescents (14-18) are prohibited from working in
hazardous occupations and processes, as defined by the Act.

 Criminal Offense: Employing a child is a criminal offense, punishable by law.

 Amendment in 2016: The 2016 amendment to the Act further strengthens the law by
providing stricter punishments for employers.

 National Child Labour Project (NCLP): The government also implements the NCLP to
rehabilitate child laborers and provide support to families in areas with high concentrations
of child labor.

 National Policy on Child Labour: The policy aims to tackle child labor through a gradual and
sequential approach, focusing on rehabilitation and strict enforcement of laws.

 Constitutional Provisions: Articles 23 and 24 of the Indian Constitution also prohibit forced
labor and the employment of children under 14 in hazardous work, respectively.

Important points to note:

 The law aims to protect children from exploitation and ensure their access to education and
development.

 The government has taken measures to enforce the law and rehabilitate child laborers.

 The National Human Rights Commission (NHRC) has also taken suo moto cognizance of
reported cases of child labor and has been working to address the issue.

RTE Act
The Right to Education (RTE) Act, enacted in India in 2009, guarantees free and compulsory
education for children aged 6 to 14. It is the law that ensures children have the right to quality
elementary education, free from fees or other barriers. The Act also mandates specific norms for
elementary schools, including teacher-student ratios, infrastructure, and school working days.

Key aspects of the RTE Act:

 Free and Compulsory Education:

The Act establishes the right to free and compulsory education for all children between 6 and 14
years of age.

 No Fees:

Government schools must provide free education, and private schools must reserve 25% of their
seats for children from disadvantaged groups, without any fees.

 Minimum Norms:

The Act specifies minimum norms for elementary schools, including teacher-student ratios,
infrastructure, and school working days.

 School Management Committees (SMCs):

Schools are required to have School Management Committees to monitor school operations and plan
for school development.

 No Child Detention or Expulsion:

No child can be held back, expelled, or required to pass a board examination until the completion of
elementary education.

 Anytime Admission:

The Act allows for the admission of children at any point during the academic year, especially for
those facing difficult circumstances.

 Special Training:

Children who enter school after the beginning of the academic year may be given special training to
help them catch up.

 Prohibition of Physical and Mental Punishment:

The Act prohibits the use of physical punishment or mental harassment in schools.

 Role of Government:

The central and state governments are responsible for implementing the Act, providing
infrastructure, ensuring quality education, and monitoring school compliance.

The RTE Act is a significant step towards universal access to quality education in India. It aims to
create a more equitable and inclusive education system where every child has the opportunity to
learn and develop their potential.