Consolidated Report on
Legal Awareness Program (Four)
Supported byNational Commission for Women
Conducted by-
Panchayati Rule and Gender Awareness Training Institute
68/1, Suryalok Colony, Rajpur Road, Dehra Dun 248001
Phone: 91 135 2745539, 2746071; Fax: 91 135 2741931
E-mail: pragati.theprocess@gmail.com
Website: pragati-india.org
1
Contents
S.No.
1.
Chapter
Introduction
- Background
- Objectives
- Methodology
2.
Proceedings
3.
4.
A brief of valedictory address/vote of
thanks
Observations/summing up
5.
Recommendations/Action Plan
6.
8.
Annexure I – List of dignitaries
participated
Annexure II – List of resource
persons/experts
Annexure III – List of participants
9.
Annexure IV – Photographs
7.
Page No.
3-6
8-87
88-89
90
91
10. Annexure V – CD of Report
11. Annexure VI – Press clippings
2
Chapter I - Introduction
Background
Uttarakhand was carved out from Uttar Pradesh on 9th Nov. 2000. According to
provisional 2011 census report, the sex ratio of India has declined from 927 females
against 1,000 males in 2001 to 914 while Uttarakhand’s sex ratio came out to be 963
to 962 of 2001. However, the child sex ratio (0-6yrs) of Uttarakhand as per the latest
census figures brings to the forefront shocking figure of 886 in 2011 compared to 908
girls per 1000 boys in 2001, pointing towards a bleaker future.
They need to be made aware of their legal rights and duties, besides this the reach of
social welfare activities especially medical & health is also a matter of grave concern.
There is a huge difference in child sex-ratio in urban as well as rural areas. The state
has one of the poorest child sex ratio in the country.
District wise Sex Ratio in India - 2011 census
Females
Female/ Total
1000
population
Male
State/UT
District
Males
INDIA
India
623724248 586469174 940.27
1210193422
Uttarakhand Uttarkashi
168335
161351
958.51
329686
Uttarakhand Chamoli
193572
197542
1020.51 391114
Uttarakhand Rudraprayag
111747
125110
1119.58 236857
Uttarakhand Tehri Garhwal
296604
319805
1078.22 616409
Uttarakhand Dehradun
893222
805338
901.61
Uttarakhand Garhwal
326406
360121
1103.29 686527
Uttarakhand Pithoragarh
240427
245566
1021.37 485993
Uttarakhand Bageshwar
124121
135719
1093.44 259840
Uttarakhand Almora
290414
331513
1141.52 621927
1698560
3
Males
Females
Female/ Total
1000
population
Male
Uttarakhand Champawat
130881
128434
981.30
259315
Uttarakhand Nainital
494115
461013
933.01
955128
858906
789461
919.15
1648367
Uttarakhand Haridwar
1025428
901601
879.24
1927029
Uttarakhand Total
5154178
4962574
962.83
10116752
State/UT
District
Uttarakhand
Udham
Nagar
Singh
Some of the reasons commonly put forward to explain the consistently low levels of sex
ratio are patriarchal structure of community (son preference), neglect of the girl child
resulting in higher mortality at younger age, female infanticide, female feticide, higher
maternal mortality and male bias in enumeration of population. Culture and beliefs
(females are considered in the second rung). Unequal status in the family (considered a
liability, not treated with dignity because she will get married and go away to another
home. In-laws will have to be given a dowry.)
With due consideration to above data on sex ratio in Uttarakhand PRAGATI carried out
4 trainings in the state of Uttarakhand for generating legal awareness through legal
awareness camps with special focus on the Pre-Conception and Pre-natal and
Diagnostic Techniques Act, 1994 (PCPNDT Act) as this is a local issues which requires
immediate action.
Four legal awareness camps have been organized by PRAGATI the details of the same
are elucidated below S.No.
Date
Place of training
No.of participants
1
6th-7th September 2014
Sahaspur Block
70
2
19th-20th September 2014
Vikasnagar Block
70
3
26th-27th September 2014
Raipur Block
61
4
8th- 9th October 2014
Doiwala Block
61
4
Objectives
-
To generate awareness about PCPNDT Act and reproductive rights of women
-
To create awareness on gender based sex selection and its evils
-
To enable grass-root women to take up the issue of gender based sex
selection in their villages/Panchayats and combat the same
-
To provide knowledge about various laws with special focus on women laws
-
To generate discussion amongst different stakeholders on how to address the
issue of gender based sex selection and violation of rights of women
Output

Successful completion of four two day legal literacy camp with a total participation of
262 women.

262 Women from the grass-root provided knowledge about women laws and recourse
available in cases of rights violations

Significant enhancement in the level of awareness amongst women about their rights
and entitlements

80% o the women trained are willing to take up the issue of gender based sex selection
in their village/Panchayats

Trained women are eager to provide hand holding to women in distress
Methodology
Outline of procedure adopted for conducting legal awareness camps
An all out participatory methodology was adopted by PRAGATI to impart trainings. The
organization does away from the lecture method and adopts participatory learning
techniques such as role plays, songs, experience sharing, games etc. During the trainings the
same were adopted and the participants appreciated the same. It was witnessed that these
participatory techniques not only made the trainings interesting but also made retention of
knowledge easier. This participatory methodology has provided the participants the
opportunity to go beyond mere lecture method and promote active participation. The
module “Meera didi se poocho” was adopted to conduct all the four trainings. It formed the
primary base for the trainings and all topics provided in the module were covered.
5
Focus was be laid on laws concerning women with special focus on reproductive health as
this was an area of concern in the area chosen for this project owing to skewed sex ratio.
Therefore, reproductive health rights were given special focus and detailed sessions on the
PCPNDT Act, female feticide, female Infanticide and the Medical Termination of Pregnancy
Act were conducted.
Details of resource persons/ experts
PRAGATI team comprises of experienced and knowledgeable resource persons. The
resource persons are drawn from the field of law, governance, gender, rural development
etc.
Some of them specialize in community mobilization and imparting participatory
learning techniques.
The list of resource persons is as folowsS.No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Name
Mr. Kuldeep
Sharma
Mr.
Dharmendra
Kumar Singh
Ms. Krishna
Dr.Sushma
Dutta
Dr.Priya
Zadu
Ms. Razia Beg
N.K Tripathi
Kabir Shelly
Ms. Mamta
Thappa
Ms. Dolly
Joshi
Ms. Sheen
Mudgil
C.S. Negi
Qualification
B.A.LL.B.
B.A.LLB
LL.B. (Adv.)
M.B.B.S
Ph. D.
Designation
Civil Judge (S.D.) Secretary,
DALSA
Civil Judge (S.D.) Secretary,
DALSA
Member,
State
Women
Commission
Director, NRHM, Uttarakhand
LL.M.
B.A. LL.B.
B.A.LL.B.
Director, State Resource Center,
Uttarakhand
Advocate, Dehradun
Legal Expert
Legal Trainer
B.A.LL.B.
Legal Trainer
LL.M. (Human Rights)
Legal Trainer
B.A.LL.B.
Legal Trainer
M.A. (Sociology)
Training Coordinator
6
Chapter II - Proceedings
The module “Meera didi se pooch” was followed. The topics covered were as follows –
-
Women and the Constitution (Fundamental rights, Constitutional remedies,
73rd constitutional amendment relating to panchayats)
-
Family law (marriage, divorce, maintenance etc.)
-
Rights of women at the time of arrest, detention and interrogation
-
Dowry Prohibition Act, 1961
-
Child laws - Child marriage, child rape, child labor
-
Rape related laws and punishments along with redressal mechanism
-
Protection of Women from Domestic Violence Act, 2005
-
Labour laws – Equal Remuneration, Payment of Wages, Minimum Wages,
Maternity benefit Act
-
Sexual Harassment at workplace
-
Right to Information Act, 2005
-
Mahatma Gandhi National Rural Employment Guarantee Act, 2005
-
Pre-conception and Pre-natal Diagnostic Techniques Act, Medical Termination
of Pregnancy Act
-
National Commission for Women (Procedure of filing complaints, objectives
and constitution of Commission)
-
Other Commission – National Human Rights Commission, National
Commission for SCs and STs.
-
Free legal aid – National Legal Services Authority, State Legal Services
Authority, District Legal Services Authority.
-
Public Interest Litigation
7
1st Legal Awareness Programme (6th – 7th September, 2014
Place of training: Sahaspur Block, Dehradun (Uttarakhand)
Day 1 (6th September 2014)
First day of the training started with a prayer. Mr. Dharmendra Kumar Singh, Civil
Judge (S.D), Secretary District Legal Services Authority (Dehradun) inaugurated the
programme and welcomed everyone. The PRAGATI team gave the introduction and a
brief of the objective of this programme. A quick introductory session took place where
the PRAGATI team and participants introduced themselves.
It was all women programme and participants gathered were the member of Local Self
Governance body i.e. Panchayati Raj Institutions, Aganwadi workers and Asha workers
belonging to Sahaspur Block of District Dehradun (Uttrakhand).
Session 1: Free Legal Aid
Dharmendra Kumar Singh , Civil Judge (S.D), Secretary DLSA (Dehradun)
Content
The participants were made aware about the provision of free legal aid and how they
can avail the same. Article 14 which talks about Equality Before Law and Article 39A
of the Constitution of India, provides for equal justice and free legal aid:"The State
shall secure that the operation of the legal system promotes justice, on a basis
of equal opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities."Were deliberated upon.
They were informed that a three tier structure for availing free legal aid existed i.e.
District Legal Service Authority (DLSA), State Legal Service Authority (SALSA) and
National Legal Service Authority (NALSA).
8
Questions and deliberation:

Trainees were curious that what about the women who are above poverty line can
they also avail free legal aid?

They were told that here women mean any woman irrespective of her economic
condition. And where this Act talks about the minimum annual income of
100,000/- it includes anyone who falls under this condition.
Two cases were also brought before by our Trainees:
1) Fiza Khatoon (Ward member, Lakshmipur),
was stopped from casting her vote
during this year Panchayat Election and even the venue for polling was changed
from Panchayat hall to school. She was confused that whether under this case she
can get free legal aid. Mr. Dharmendra Kumar Singh attended her problem and
gave the solution that she is entitled for free legal aid and here she can take her
case to court.
2) Sarla Tomar (Asha worker) told us about her sister’s case. She told her sister has
filed a divorce and case is still going on but court has fixed a maintenance amount,
but she has not got a penny so far. Regarding her problem she was asked that her
sister should move an application in same court. If then the person refuses to pay
the maintenance he will be jailed.
Session 2: An introduction to State Women Commission
Adv. Krishna Khatri (Member, State Commission for Women, Uttarakhand)
Content:
She introduced everyone with the working of State Commission for Women and how at
state level they are trying to reach each and every woman who needs their help. In
order to uplift, encourage and make them capable every sort of help and assistance is
been provided by them at all levels. Trainer here introduced our trainees with laws
related to women and explained that how being literate and self-dependent can help to
remove all the hurdles in their life. She said it was a great pleasure to meet so many
women working with and for society and wished that like them they will also create
9
their next generation, a generation where girls and women do not have to depend on
any one in order to know how to live their life, they can be their own craftsman of their
own future.
Session 3: The Protection of Women from Domestic Violation Act,
2005 (PWDV Act)
Trainer: Adv. Narendra Tripathi (Legal expert) State Resource Center, Utarkhand.
He explained the provisions of PWDV Act that how this Act has been designed to save
women from any domestic violence. He explained all kinds of violence :
 Physical abuse
 Verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
 Sexual abuse
 Stalking or cyberstalking
 Economic abuse or financial abuse
 Spiritual abuse
Under this law there is no need for woman to go to police station she can directly go
Family court and there Judicial Magistrate can pass the order to send her back home
with all security and counseling will be done with the husband so that without
breaking the marriage and by making the person realize his wrong.
Apart from this, trainees were explained about the presence of Protection Officer at
every district to look into these cases and provide protection and counseling, whole
procedure was been explained that how one can file Domestic Incident Report and can
get the relief.
10
Case Study: Hamida Khatoon (Aganwadi worker)
She told that she lives in a joint family with her brothers in law and their family and
her father and mother in law. Land is been divided between three brothers. She told
that one of his brothers in law calls her name and many times comments that her
husband is living on her wages. Even one time this brother in law filled a false case
of rape against her husband that he tried to rape his wife. She told that he and her
husband is living a miserable life due to all this and wants to seek a way out of it.
She was advised that she can file a case against her brother in law under Domestic
violence Act and if is not able to pay advocate’s fee she can also get free legal aid.
Case Study: Chitra (Aganwadi worker)
She told that her miseries started from the very day of her marriage. She got
married in 2003 and from then only she was under total mental torture by her in
laws for not bringing enough dowry in the marriage. Within a year she was
pregnant and during her 7th month of pregnancy she was sent to her parent’s
home. They never visited her even during her delivery or after it and didn’t pay a
single penny of the medical expenses. When she went back there with her baby her
in laws didn’t pay attention to her or the baby and kept on asking her to bring 1
lakh rupees from her parents. She filled a divorce, where she was made entitled for
Rs.3000/- per month as maintenance but even never got so. Even her in laws and
his husband was given permission to visit the child but they never ever visited the
child.
She was advised to move an application in the same court for the maintenance
issue.
11
Session 4: Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
Trainer: Adv. Dolly Joshi
Content
With the rise in number of cases of sexual harassment at workplace many women are
forced by their society to leave their jobs as they are not safe there. And there are
many women who do not have any clue that there is a law to curb this evil. This
session started with an interactive session where all these women were first asked to
share any such incidents they have faced in their life and what they think they can do
for it.
Then the trainer started with provisions under the law to guide women what they can
do if they ever have to face it.
SALIENT FEATURES

This Act defines “sexual harassment at the workplace” in a comprehensive
manner and it also covers circumstances of implied or explicit promise or threat
to a woman’s employment prospective or creation of hostile work environment or
humiliating treatment and behavior which can affect her health or safety and
self dignity and liberty.
The definition of “aggrieved woman”, who will get protection under the Act is extremely
wide to cover all women, irrespective of her age, caste or employment status, whether
in the organized or unorganized sectors, public or private and covers clients,
customers and domestic workers as well.
The Act positively includes organizations, department, office, branch unit, etc in the
public and private sector, organized and unorganized hospitals, nursing homes,
educational institutions, sports institutes, stadiums, sports complex and any place
visited by the employee during the course of employment including the transportation
and like wise
12
Definition of employee covers regular/temporary/daily wage employees, head of
Governmentdepartment/organization/institution/office/branch/unit,theperson
responsible for management/supervisions/control of the workplace, the person
discharging contractual obligations with respect to his/her employees and in relation
to a domestic worker the person who benefits from that employment. The redressal
mechanism provided in the Act is in the form of Internal Complaints Committee (ICC)
and Local Complaints Committee (LCC).
All workplaces employing 10 or more than 10 workers are mandated under the Act to
constitute an ICC. The ICC will be a 4 member committee under the Chairpersonship
of a senior woman employee and will include 2 members from amongst the employees
preferably committed to the cause of women or has experience in social work/legal
knowledge and includes a third party member (NGO etc) as well.
Complaints from workplaces employing less than 10 workers or when the complaint is
against the employer will be looked into by the LCC. A District Officer notified under
the Act will constitute the LCC at the district level.
LCC will be a five member committee comprising of a chairperson to be nominated
from amongst eminent women in the field of social work or committed to the cause of
women,
one
member
from
amongst
women
working
in
block/taluka/tehsil/municipality in the district, two members of whom at least one
shall be a woman to be nominated from NGOs committed to the cause of women or a
person familiar with the issues related to sexual harassment provided that at least one
of the nominees should preferably have a background in law or legal knowledge.
A complaint of sexual harassment can be filed within a time limit of 3 months. This
may be extended to another 3 months if the woman can prove that grave
circumstances
prevented
her
from
doing
the
same
means
with
reasonable
circumstances.
The Act has a provision for conciliation. The ICC/LCC can take steps to settle the
matter between the aggrieved woman and the respondent, however this option will be
used only at the request of the woman. Further, if any of the conditions of the
settlement is not complied with by the respondent, the complainant can go back to the
Committee who will proceed to make an inquiry
13
 The Committee is required to complete the inquiry within a time period of 90
days. On completion of the inquiry, the report will be sent to the employer or the
District Officer, as the case may be, they are mandated to take action on the
report within 60 days.
 In case complaint has been found proved, then the Committee can recommend
action in accordance with the provision of service rules applicable to the
respondent or as per the rules which will be prescribed, where such service rules
do not exist. The committee can also recommend deduction of an appropriate
sum from the salary of the respondent or ask respondent to pay the sum.
Session 5: The Prohibition of Child Marriage Act, 2006 and Dowry Prohibition
Act, 1961
Trainer: Adv. Narendra Tripathi
Content
This session focused to the problems of child marriage and dowry which are very
prevalent in our society. Our trainees were made to understand that these two evils are
so deep rooted in our customs that till now even after having laws against it society is
still not able to understand the harm they have done to our society till now. They were
then told what laws say about them.
DEFINITION
Dowry means any property or valuable security given or agreed to be given either
directly or indirectly –
•
By one party to a marriage to the other party to the marriage.
•
By the parents of either party to a marriage.
PENALTIES
 If any person directly or indirectly demands from the parents or guardian of the
bride or bride-groom , he shall be punishable with imprisonment which extends
to 6 months or with fine up to Rs.5000 or both.
 Any agreement for the giving or taking of Dowry shall be void.
 Every offence under this Act shall be non-cognizable, bailable and noncompoundable.
14
DOWRY FOR THE BENEFIT OF WIFE AND HEIRS
 If dowry is received by any person other than the woman then it should be
transferred to the woman
• Before marriage - within 1 year from the date of marriage
• At the time of marriage or after marriage – then within 1 year after the date of
its receipt.
• If the dowry received when the women was a minor – within 1 year after she
has attained age of 18 yrs.
• If person fails to transfer within a time limit , it shall be punishable with
imprisonment which may extend to 6 months of imprisonment or fine of Rs.
5000 or both.
• Where the women is entitled to any property and dies before receiving it then
heir of the women shall be entitled to the person holding it for the time being.
• Only magistrate first class shall try any offence.
• No court shall take cognizance on any offence except on a complain made
within one year from date of offence.
• It shall be lawful for the magistrate first class to pass any sentence authorised
by the act on any person convicted of an offence.
SALIENT FEATURES
 Offence under this act is non-cognizable , bailable , non-compoundable.
 Any agreement for giving or taking dowry shall be void.
 This act is a legal support to a woman to prevent any dowry related problems
 It extends to whole of India except Jammu & Kashmir
 It is a support to women for their day to day suffering and domestic violence
within in house.
POWER TO MAKE RULES
 Central govt by notification in official gazette, make rules for carrying out for the
purpose of this act.
15
 Every rule made shall be laid as soon as (may be after it is made or before)
House of parliament.
 Any such modification or annulment shall be without pre-judice to validity of
anything previously done.
Apart from this they were explained to them that how if a girl dies in unnatural
circumstances within 7 years of her marriage and there are evidences that she was
been exploited for dowry before death then action will be against her in laws for doing
so. Then they were introduced to the recent judgment by the Supreme Court that no
immediate arrest will take place first proper investigation will take place then any
arrest will be done
Child Marriage Prohibition Act, 2006
The Government of India brought the Prohibition of Child Marriage Act (PCMA) in
2006, and it came into effect on 1 November 2007 to address and fix the shortcomings
of the Child Marriage Restraint Act. The change in name was meant to reflect the
prevention and prohibition of child marriage, rather than restraining it. The previous
Act also made it difficult and time consuming to act against child marriages and did
not focus on authorities as possible figures for preventing the marriages. This Act kept
the ages of adult males and females the same but made some significant changes to
further protect the children. Boys and girls forced into child marriages as minors have
the option of voiding their marriage up to two years after reaching adulthood, and in
certain circumstances, marriages of minors can be null and void before they reach
adulthood. All valuables, money, and gifts must be returned if the marriage is nullified,
and the girl must be provided with a place of residency until she marries or becomes
an adult. Children born from child marriages are considered legitimate, and the courts
are expected to give parental custody with the children's best interests in mind. Any
male over 18 years of age who enters into a marriage with a minor or anyone who
directs or conducts a child marriage ceremony can be punished with up to two years of
imprisonment or a fine.
16
Session 5: Rape (Sec.375, 376, 376A of I.P.C)
Trainer : Adv. Dolly Joshi
Content
Among the crimes against women Rape is one whose scale is been going up day by
day.
Rape
India According
in
India is
to
the
the National
fourth
most
Crime
common crime
Records
against
Bureau 2013
women in
annual
report,
24,923 rape cases were reported across India in 2012. Out of these, 24,470 were
committed by relative or neighbor; in other words, the victim knew the alleged rapist in
98 per cent of the cases. An attempt was made by the trainer to provide full knowledge
to our trainees regarding the definition, provision penalties under Indian Penal Code
for this crime.
Indian law was expanded in 2013 to consider rape as any acts like penetration
by penis,
or
any
object
or
any
part
of
body
to
any
extent,
into
the vagina, mouth, urethra or anus of a woman or any person or making her to do so
with another person or applying of mouth to sexual organs without the consent or will
of the woman constitutes the offence of rape.
The section has also clarified that penetration means "penetration to any extent", and
lack of physical resistance is immaterial for constituting an offence. Except in certain
aggravated situation the punishment will be imprisonment not less than seven years
but which may extend to imprisonment for life, and shall also be liable to fine. In
aggravated situations, punishment will be rigorous imprisonment for a term which
shall not be less than ten years but which may extend to imprisonment for life, and
shall also be liable to fine.
A new section, 376A has been added which states that if a person committing the
offence of sexual assault, "inflicts an injury which causes the death of the person or
causes the person to be in a persistent vegetative state, shall be punished with
rigorous imprisonment for a term which shall not be less than twenty years, but which
may extend to imprisonment for life, which shall mean the remainder of that person’s
17
natural life, or with death." In the case of "gang rape", persons involved regardless of
their gender shall be punished with rigorous imprisonment for a term which shall not
be less than twenty years, but which may extend to life and shall pay compensation to
the victim which shall be reasonable to meet the medical expenses and rehabilitation
of the victim.
Certain
changes
has
been
introduced
in
the Criminal
Procedure
Code,
1973 and Indian Evidence Act, like the recording of statement of the victim has been
made more friendly and easy, character of the victim is irrelevant for consideration,
presumption of no consent where sexual intercourse is proved and the victim states in
the court that there has been no consent. The age of consent in India has been
increased to 18 years, which means any sexual activity irrespective of presence of
consent with a woman below the age of 18 will constitute statutory rape. Although, the
decision of death penalty for the most extreme rape cases was approved by the Indian
parliament.
Different cases were told to trainees that how this heinous crime is spreading in our
country and in many cases, case even doesn’t reach police station due to some fear.
Trainees were told that evidences are been collected from their body and clothes by the
registered medical practitioner and then they are used as case develops and their
identity is never revealed during or after case.
First day of our training ended by a small life experience shared by Ms. Shahida
Parween. She told that she was the first female student in her school, first educated
female in her and in her in-laws home. She was even a first female pradhan of
Rampurkala and now she is a BDC member.
She asked our team to arrange these types of legal training for males too. They too
should understand what laws are there in our society and how their ceratin action can
be brought under them.
18
DAY 2 - (Date: 7th September 2014).
Session 1
The day started with a prayer following which took place the recap of the previous day.
It was a satisfactory sight for the trainer’s team to see those women taking such keen
interest in learning the law, not only for themselves but also to teach other distressed
and unaware women from their respective villages. After going through all the subjects
that were taken up ranging from Domestic Violence Act, 2005 to Free Legal Aid
services we proceeded on to the next session.
Session 2 - Property Rights of women and maintenance provisions in
India
Trainer: Sheen Mudgil, Legal Trainer
Content:
In India right of women in the property of father, husband or children was recognized
much later. Women were treated equal to a cattle to be taken care of by their fathers,
then by their husbands and if the husband passed away, by the sons. She hardly had
an identity of her own, let alone, owning any property. But now with advancing times
and marriages becoming more fragile, women have started recognising their rights.
Hindu law
The Hindu Succession (Amendment) Act 2005 came in to force from 9th September
2005. It removed all the gender discriminatory provisions of the Hindu Succession Act,
1956 and gives the following rights to daughters:

The daughter of a coparcener shall by birth become a coparcener in her own
right, in the same manner as a son.

She has same right in coparcenary property as she would have if she were a son.

She shall be subject to same liability in coparcenary property as a son would be.

The daughter is allotted the same share as is allotted to the son.
19
It should be noted that a woman has full right on the property which she has
earned, received as a gift or willed to her. Being the sole owner of such property,
she can do whatever she deems fit .She can sell it, gift it or dispose it off in a
manner suitable to her.
Rights of a wife:

Married woman has exclusive rights over her individual property. Unless she
gifts it in part or whole to anyone. Also she is the sole manager n owner of her
assets whether earned, inherited or gifted to her.

She is entitled to maintenance, support and shelter from her husband, or if he
belongs to a joint family then from the family.

Upon partition of the joint family estate she is entitled to a share equal to all
other persons in the family. Similarly upon the death of the husband, she is
entitled to an equal share in his portion, together with her children and his
mother.
Rights of a mother:

She is entitled to maintenance from children who are not dependents. She is
also a class 1 heir.

A widowed mother has the right to take a share equal to the share of a son if the
partition of the joint family estate takes place amongst the sons.

In case she dies intestate, her children inherit equally regardless of sex.
Maintenance:
Section 125 of Criminal Procedure code provides for maintenance of wives,
parents and children.
If any person having sufficient means, neglects or refuses to maintain:
1. His wife who is unable to maintain herself,or
2. His legitimate or illegitimate minor child,
3. His father or mother, unable to maintain himself or herself.
Court in such cases may order such a person to make monthly allowance for
maintenance to the wife, child or parents.
20
Muslim Law
Right of a daughter:
 In inheritance, the daughters share is equal to one half of the son’s in keeping
with the concept that a woman is worth half a man. However, she has full
control over the property inherited by her, gifted to her or earned by her and
can dispose it off in whichever way she deems fit.

Daughters have right to maintenance by the parents until she is married. In
case of divorce, charge of maintenance reverts back to her parents after the
iddat period (Approximately 3 months). In case she has children capable of
supporting her, the charge fall upon them.
Right of a wife:
 After marriage also a woman retains control over her goods and properties
and has the right to same maintenance as his other wives, if any. She can
take action against him if he discriminates.

The Supreme Court has held that in case of divorce, a Muslim husband is
liable to make fair provision for future of a divorced wife including
maintenance. Such reasonable and fair provision extending beyond iddat
period must be made by husband within iddat period in terms of Section 3 of
the Muslim Women (Protection of Rights on Divorce) Act, 1986 and liability of
Muslim husband to pay maintenance is not consigned to iddat period.

Right to ‘mehr’ according to terms of contract agreed at the time of marriage.

She will inherit from him to the extent of 1/8th if there are children or 1/4th if
there are none. If there is more than one wife, the share may diminish to
1/16th. In circumstances, where there are no sharers in the estate as
prescribed by law, the wife may inherit a greater amount by will. A Muslim
may dispose off 1/3rd of his property by will, though not to a sharer in
inheritance.
Right of a mother:
 In case of divorce or widowhood, she is entitled to maintenance from her
children.

Her property is to be divided according to the rules of Muslim law.

She is entitled to inherit 1/6th of her deceased child’s estate.
21
Questions and Deliberations:
After the lecture it was time for clearing doubts and answering case specific questions:
 A lady (Fatima Khatoon) expressed her problem saying that 18 years back she
became a widow and had 5 daughters from that marriage. She has no
permanent earnings and is very poor. Moreover her brother took all the property
of her fathers, including her share and sold it all off.
 She was told about the property rights of Muslim women as under their
personal law and also that she had the right to maintenance as under
section 125 of the CRPC . He even offered to help her with the proceedings
against her brother to help her get her share of property or money back.
 A woman named Rita asked if the property rights of kids who do not take care of
their parents could be taken away, and given to those who did.
 She was told that the property that was earned by the parents during their
lifetime or was gifted to them was not bound to be divided amongst their
children unless they do so by way of will. So in this way that property can
be given to anyone, the parents think deserve. But if some property has
been in the family and was not acquired by the parents personally, then it
has to be divided equally amongst the children irrespective of any issue.
22
Session 2 – Pre-conception Pre- natal Diagnostic techniques Act,
1994
Trainer: Adv. Dolly Joshi
Content
In past two three decades our society has advanced so much that for every little
problem we have technology to solve it out. Ultrasound machines came with the
objective to keep an eye on growth of fetes or if there is any disease or any other
problem being or going to be faced by mother and fetus.
Our Indian society is a patriarchal society; wish to have a son resided in more 50%
people of this country. And here education, social status, economic status do not play
any role. This wish for son has become so much that the sex ratio of our country is
been drastically disturbed. This session aims to bring in notice that it’s not matter of
their choice, sex determination is illegal.
Offences under this act include conducting or helping in the conduct of prenatal
diagnostic technique in the unregistered units, sex selection on a man or woman,
conducting PND test for any purpose other than the one mentioned in the act, sale,
distribution, supply, renting etc. of any ultra sound machine or any other equipment
capable of detecting sex of the fetus.
Main provisions in the act are:
1. The Act provides for the prohibition of sex selection, before or after conception.
2. Regulates
use
of
pre-natal
diagnostic
techniques
like ultrasound and amniocentesis. Allowing their use only to detect :

genetic abnormalities

metabolic disorders

chromosomal abnormalities

certain congenital malformations

haemoglobinopathies

sex linked disorders.
23
3. No laboratory or
centre
or clinic will
conduct
any
test
including ultrasonography for the purpose of determining the sex of the fetus.
4. No person, including the one who is conducting the procedure as per the law,
will communicate the sex of the foetus to the pregnant woman or her relatives by
words, signs or any other method.
5. Any person who puts an advertisement for pre-natal and pre-conception sex
determination facilities in the form of a notice, circular, label, wrapper or any
document, or advertises through interior or other media in electronic or print
form or engages in any visible representation made by means of hoarding, wall
painting, signal, light, sound, smoke or gas, can be imprisoned for up to three
years and fined Rs. 10,000.
6. Any person forcing the women to undergo the test will be imprisoned for 3 years
with a fine of Rs. 50,000. And if he is found again doing so then imprisonment of
5 years and fine of Rs. 100,000.
7. Any doctor found doing this test will be imprisoned for 3years and fine of Rs.
10,000 and if he is found doing the same practice then 5years and fine of Rs.
50,000. In such case his license can also be cancelled.
Ms.Rekha Pundir then shared her experience that being a member of State
Supervisory Inspection Board (Inspection Board Committee, PCPNDT), how during
different in Haridwar and Dehradun districts many clinics were found without
registered ultrasound machine and no records were there of any F form or any
abortion or ultrasound done in past one year. All the machines and clinics were seized
down.
24
Session 3 - Right To Information
Trainer : Adv.Kabir Shelly
Content
This session started with explaining to the women the problem of corruption in our
country and how some people have got to believing that it’s a parallel form of
government. Most people are not even aware that a lot many times when they want to
get their important documents forwarded from one department to another, the amount
that they pay is a form of bribe.
Kharcha Paani as we call it, bribe is given in all spheres of life especially where the
government departments are involved. These women being the elected representatives
from their respective villages, it is of utmost importance that they be thoroughly aware
and educated about the rising problems of corruption and how they can contribute to
bring about a change.
Right To Information Act, 2005
The basic object of the Right to Information Act is to empower the citizens, promote
transparency and accountability in the working of the Government, contain
corruption, and make our democracy work for the people in real sense. It goes without
saying that an informed citizen is better equipped to keep necessary vigil on the
instruments of governance and make the government more accountable to the
governed. The Act is a big step towards making the citizens informed about the
activities of the Government.
From whom can information be sorted?
Information as asked for under the RTI Act can be sorted from any “Public Authority”.
A “public authority” is any authority or body or institution of self government
established or constituted by or under the Constitution; or by any other law made by
the Parliament or a State Legislature; or by notification issued or order made by the
Central Government or a State Government. The bodies owned, controlled or
substantially financed by the Central Government or a State Government and nonGovernment organizations substantially financed by the Central Government or a State
25
Government also fall within the definition of public authority. The financing of the
body or the NGO by the Government may be direct or indirect.
What information can be provided?

A citizen has a right to seek such information from a public authority which is
held by the public authority or which is held under its control. This right
includes inspection of work, documents and records; taking notes, extracts or
certified copies of documents or records; and taking certified samples of material
held by the public authority or held under the control of the public authority.

The Act gives the citizens a right to information at par with the Members of
Parliament and the Members of State Legislatures. According to the Act, the
information which cannot be denied to the Parliament or a State Legislature,
shall not be denied to any person.

The information to the applicant should ordinarily be provided in the form in
which it is sought. However, if the supply of information sought in a particular
form would disproportionately divert the resources of the public authority or may
cause harm to the safety or preservation of the records, supply of information in
that form may be denied.

The Central act excludes some bodies such as security or intelligence agencies
from the obligation of providing information.
Whom to apply?

Public Information Officer-Public authorities have designated some of its officers
as Public Information Officer. They are responsible to give information to a
person who seeks information under the RTI Act.

Assistant Public Information Officer- These are the officers at sub-divisional level
to whom a person can give his RTI application or appeal. These officers send the
application or appeal to the Public Information Officer of the public authority or
the concerned appellate authority. An Assistant Public Information Officer is not
responsible to supply the information.

The Assistant Public Information Officers appointed by the Department of Posts
in various post offices are working as Assistant Public Information Officers for all
the public authorities under the Government of India.
26
Fee for seeking information

A person who desires to seek some information from a public authority is
required to send, along with the application, a demand draft or a banker’s
cheque or an Indian Postal Order of Rs. 10/- (Rupees ten), payable to the
Accounts Officer of the public authority as fee prescribed for seeking
information. The payment of fee can also be made by way of cash to the
Accounts Officer of the public authority or to the Assistant Public Information
Officer against proper receipt.

The applicant may also be required to pay further fee towards the cost of
providing the information, details of which shall be intimated to the applicant by
the PIO as prescribed by the Right to Information (Regulation of Fee and Cost)
Rules, 2005. Rates of fee as prescribed in the Rules are given below:
1. Rs. 2/- for each page (in A-4 or A-3 size paper) created or copied;
2. Actual charge or cost price of a copy in larger size paper;
3. Actual cost or price for samples or models;
4. For information provided in diskette/ floppy, Rs. 50/diskette is charged.
5. For information provided in printed form, at the price fixed for such
publication or rupees two per page of photocopy for extracts from the
publication.

As already pointed out, a citizen has a right to inspect the records of a public
authority. For inspection of records, the public authority shall charge no fee for
the first hour. But a fee of rupees five (Rs. 5/-) for each subsequent hour (or
fraction thereof) shall be charged.

If the applicant belongs to below poverty line (BPL) category, he is is not
required to pay any fee. However, he should submit a proof in support of his
claim to belong to the below poverty line.
27
Time Period for Supply of Information
In normal course, information to an applicant shall be supplied within 30 days from
the receipt of application by the public authority. If information sought concerns the
life or liberty of a person, it shall be supplied within 48 hours. In case the application
is sent through the Assistant Public Information Officer or it is sent to a wrong public
authority, five days shall be added to the period of thirty days or 48 hours, as the case
may be.
Appeal

If an applicant is not supplied information within the prescribed time of thirty
days or 48 hours, as the case may be, or is not satisfied with the information
furnished to him, he may prefer an appeal to the first appellate authority who is
an officer senior in rank to the Public Information Officer. Such an appeal,
should be filed within a period of thirty days from the date on which the limit of
30 days of supply of information is expired or from the date on which the
information or decision of the Public Information Officer is received. The
appellate authority of the public authority shall dispose of the appeal within a
period of thirty days or in exceptional cases within 45 days of the receipt of the
appeal.

If the first appellate authority fails to pass an order on the appeal within the
prescribed period or if the appellant is not satisfied with the order of the first
appellate authority, he may prefer a second appeal with the Central Information
Commission within ninety days from the date on which the decision should have
been made by the first appellate authority or was actually received by the
appellant.
Questions and Deliberations
 Poonam Pawa requested Mr Kabeer Shelly to give a sample of the format of an
RTI application , which was penned down by him on a flip chart and explained in
simple language subsequently.
28
 A short story was told by Mr Arvind Sharma about how filing of an RTI helped
the subsequent construction of a road that previously existed only on papers
and all the money allotted for the construction of that road was embezzled by the
authorities.
Session 4-
Labour Laws
Trainer: Sheen Mudgil, Legal Trainer
Content
Most of these women belong to remote village areas where these women either have no
jobs or else work as daily wagers or do jobs for meagre salaries. These women consist a
significant percentage in the labour force.
We see women working as daily wagers or under the provisions of NREGA in various
places such as agricultural farms, construction sites, factories, breaking stones, mines
etc. With advancing time and rising prices it is becoming more and more difficult for
families to sustain with only one earning hand in the family. Such a situation calls for
the women in the family to assume a higher status in the family, equal to their
counterparts and earn a living .
Despite of having more and more women coming out of their houses, willing to work,
we see a lot of discrimination between men and women in terms of job opportunity and
wages. Most women are paid less salary or wages as compared to their male
counterparts. Sadly this scenario is not confined only to daily wagers but also big
industries for example male actors in a movie are paid much more than a female actor
unless she is an established actor.
Applicability of Labour laws for women
The Equal Remuneration Act was passed in 1976, providing for the payment of equal
remuneration to men and women workers for same or similar nature of work. Under
29
this law, no discrimination is permissible in recruitment and service conditions except
where employment of women is prohibited or restricted by the law. In respect of
occupational hazards concerning the safety of women at workplaces, in 1997 the
Supreme Court of India in the case of Vishakha Vs. State of Rajasthan [(1997) 6 SCC
241] held that sexual harassment of working women amounts to violation of rights of
gender equality. As a logical consequence it also amounts to violation of the right to
practice any profession, occupation, and trade.
Equal Remuneration Act,1976
According to equal remuneration act men and women are entitled to get equal
remuneration for doing equal work and work of a similar nature. This act prohibits any
kind of inequality in work place especially on the basis of sex.
Nodiscrimination to be made while recruiting men and women workers
According to this act, no employer shall, while making recruitment for the same work
or work of a similar nature, make any discrimination against women except where the
employment of women in such work is prohibited or restricted by or under any law for
the time being in force.
Advisory Committee
For the purpose of providing increasing employment opportunities for women, the
appropriate Government shall constitute one or more Advisory Committees to advise it
with regard to the extent to which women may be employed in such establishments or
employments as the Central Government may, by notification, specify in this behalf.
Every Advisory Committee shall consist of not less than ten persons, to be nominated
by the appropriate Government, of which one-half shall be women.
Redressal
The appropriate Government may, by notification, appointsuch officers, not below the
rank of a Labour Officer, as it thinks fit to be the authoritiesfor the purpose of hearing
and deciding—

complaints with regard to the contravention of any provision of this Act;

claims arising out of non-payment of wages at equal rates to men and women
workers for the same work or work of a similar nature, and may, by the same or
30
subsequent notification, define the local limits within which each, such
authority shall exercise its jurisdiction.

Every complaint or claim referred to in sub-section shall be made in such
manner as may be prescribed.

Where a complaint or claim is made to the authority appointed, it may, after
giving the applicant and the employer an opportunity of being heard, and after
such inquiry as it may consider necessary, direct, —
(i) in the case of a claim arising out of a non-payment of wages at equal rates to
men and women workers for the same work or work of a similar nature, that
payment be made to the worker of the amount by which the wages payable to
him exceed the amount actually paid;
(ii) in the case of complaint, that adequate steps be taken by the employer so as
to ensure that there is no contravention of any provision of this Act.

Every authority appointed under section 7(1) of this act shall have all the powers
of a Civil Court under the Code of Civil Procedure, for the purpose of taking
evidence and of enforcing the attendance of witnesses and compelling the
production of documents.

Any employer or worker aggrieved by any order made by an authority appointed ,
on a complaint or claim may, within thirty days from the date of the order, file
an appeal to such authority as the appropriate Government may, by notification,
specify in this behalf, and that authority may, after hearing the appeal, confirm,
modify or reverse the order appealed against and no further appeal shall lie
against the order made by such authority.
Session5: Marriages with non-resident Indians
Trainer: Adv. Kabir Shelly
Content:
31
It is a common practice in some states for the parents to get their daughters married to
Non- Resident Indians, assuming that such grooms would be economically well off and
affluent which will not only enable their daughters to lead a life full of comforts,
luxuries and prosperity but will also provide financial support to their families and new
avenues for their siblings in foreign countries.
In practice, many of these marriages turn out to be failures and create life long
problems for the girls because:
1. The antecedents of the boy and his families were not verified.
2. There are instances that boys give false information to the parents of the girl
regarding their legal status and rosy picture about their employment.
3. Those husbands, who have taken their wives abroad, have sent them back after
a brief period and the wives are deserted.
Some instances of the kinds of problems that a woman may face in an NRI
marriage are:

Husband may abandon even before going to the foreign country with the promise
that she could soon follow him, in most cases, the woman even gets pregnant.

Once in the foreign country, she is assaulted, malnourished, confined and
illtreated by the husband and relatives.

She may be harassed for dowry.

The woman may land up in the foreign country to discover that no one turns up
to receive her and she has nowhere to go, limited money& no legal sanction to
stay in the country beyond specified period.

She may find out that her husband has a wife in the other country or is in a
relationship with another woman.

She discovers that he has given wrong information regarding his immigration,
job property, marital status etc.

The husband may obtain ex-parte divorce decree in the foreign country and also
not give her the custody of her children.

In India, the woman may be denied maintenance on the ground that her
marriage has been dissolved by a foreign court.
32
Precautions to be taken

Do not hurry to marry your daughter to non-resident Indians and do not get
pressurised to do so.

Do not finalize matters over long distances. And do not trust any agents,
bureaus or middlemen.

Do not agree to forge papers or enter into fake transactions.

Do not fall for any schemes to be able to migrate to another country , or promise
for green card through marriage.

Do not finalise marriages in secrecy, in fact publicise the proposal so that one
can get vital information about the groom from others.

Make proper enquiry about the boy and his family from employer/ workplace/
neighbourhood, especially regarding his marital status, employment details etc.

Check and verify essential documents such as passport or visa, voter or alien
registration card, social security number, tax returns for the last three years,
bank account papers, and property papers of the NRI groom.

While sending the bride to a foreign country, she should have some important
contact numbers such as that of the Indian embassy, local police and other
support agencies.

Get the marriage registered any carry out all the paper work for issue of visa etc
at the wifes end not the husbands. Also it is advisable to get an affidavit sworn
by NRI groom stating his present marital status.

Remember it is the most important to let the bride and the groom communicate
and know each other by meeting personally and interacting face to face, freely
and frankly.
Session 5 : Group Discussion
Since the local populace know best about the problems faced in their localities and
what could be done to overcome them, it was important that the opinion of these
women also be taken. Once the sequence of these informative lectures was over, the
33
women were divided into three groups of equal participants. They were provided with
big chart papers and markers, and asked to discuss amongst each other all that was
taught to them in the lectures and write their opinions about what could be done to
improve the status of the women in their respective villages.
The women actively participated in this activity and were very keen on having their
opinions written on the chart papers.
Following was the conclusion of this interactive session amongst the women:
Group1
1. Legal awareness camps should be held in schools and the same should be made
part of their curriculum.
2. There should be a counselor at Tehseel level for Free Legal Aid and issues related
to sexual harassment.
3. Action should be taken immediately against rape accused. Fast track hearing of
crimes against women should be made mandatory.
4. Asha workers should receive honorarium for their work.
5. Legal awareness camps should be organized at Gram Sabha level as well.
6. Sexual Harassment Committee should now be made available in villages too.
Group 2
1. Doctors at village level who work without a license or proof of degree should
be put behind bars.
2. In village schools, separate toilets should be made for girls and boys.
3. Even the men should be made to attend these legal awareness programs.
4. There should be a uniform code for distribution of property amongst kin
throughout India.
Group 3
1. All the ultra sound centres should be strictly monitored on regular intervals to
put a check on the practice of sex selection.
2. More and more people should be made aware about the RTI act so that society
as a whole could help in checking corruption.
34
35
2nd Legal Awareness Programme (19-20 September, 2014, Place of training:
Vikasnagar Block, Dehradun, Uttarakhand)
Day 1 (19th September 2014)
The programme was started with a prayer “Ai Malik Tere Bande Hum”. The Chief Guest
Ms. Tara Devi (Block Pramukh), Vikasnagar Block inaugurated the programme and
introduced women with importance of legal literacy in their life and how PRAGATI is
playing a good role in spreading this awareness through its training programmes
related to both Local Self Governance and Legal awareness. PRAGATI team gave the
introduction and a brief of the objective of this programme. A quick introductory
session took place where the PRAGATI team and participants introduced themselves.
The participants included women members of Local Self Governance body (Panchayat),
Aganwadi workers and Asha workers belonging to Vikasnagar Block of District
Dehradun (Uttrakhand).
Session 1: Free Legal Aid
Trainer: Adv. Narendra Tripathi
Content
The participants were informed about the district Legal Service Authority (DALSA),
State Legal Service Authority (SALSA) and National Legal Service Authority (NALSA).
Two main functions under it:

To Provide Free Legal Services to the eligible persons; and

To organize Lok Adalats for amicable settlement of disputes.
They were also informed that Free Legal Services included:

Payment of court fee, process fees and all other charges payable or incurred in
connection with any legal proceedings;
36

Providing Advocate in legal proceedings;

Obtaining and supply of certified copies of orders and other documents in legal
proceedings;

Preparation of appeal, paper book including printing and translation of
documents in legal proceedings.
Eligible persons for getting free legal services include:

Women and children;

Members of SC/ST;

Industrial workmen;

Victims of mass disaster; violence, flood, drought, earthquake, industrial
disaster;

Disabled persons;

Persons in custody;

Persons whose annual income does not exceed Rs. 100,000/-

Victims of Trafficking in Human beings.
Questions and deliberation:
 Participants were confused that when we say woman under this act does it mean
widow woman, poor woman or old woman?
 They were informed that under this Act no catogarization is been done
under the meaning of woman. Here when we talk about woman that can
be any woman irrespective of her social or economical background. And
same is with child any child below 14 years is covered under this.
During this session Shabnam, Block Member, Vikasnagar raised the issue of issuing
the Ration Cards to people below poverty line. She introduced the problem she is been
facing these days after being elected as ward member, many people below the poverty
37
line has not got their BPL Ration cards and people above poverty line are having one.
She said she is very confused in order to how to solve this problem.
Bala devi, Gram Pradahan (Aambadha) here raised the objection that BPL survey done
was not done accurately there were many flaws in it. Ms. Tara Devi BDO Head asked
them that why all these problems were not raised in Open Forum conducted by Block.
They were told that they have to raise their issues not only at Gram panchayat level
but also at Block level. Apart from this it was also seen that newly elected member are
facing many problems in their positions and training is required in order to make them
capable to and much better in their work field.
Session 2: The Protection of Women from Domestic Violation Act,
2005 (PWDV Act)
Trainer: Adv. Krishna Khatri (Member, State Commission for Women,
Uttrakhand)
Content:
Home is considered to be the safest place where one doesn’t fear anything. But now the
definition of safe place is being changing, now home is a safest place to hide one’s
crime and under this umbrella only this evil of domestic violence is growing.
Participants were informed about the different kind of violence coming under this Act :
 physical abuse
 verbal or nonverbal abuse (psychological abuse, mental abuse, emotional abuse)
 sexual abuse
 stalking or cyberstalking
 economic abuse or financial abuse
 spiritual abuse
Under this law there is no need for woman to go to police station she can directly go
Family court and there Judicial Magistrate can pass the order to send her back home
with all security and counseling will be done with the husband so that break down of
marriage can be avoided. Woman can even directly go to women commission, which is
38
present at state and national level. She told that being a member of State Women
Commission (Uttarakhand) she comes across many cases which use to seems so
unsuccessful with ray of hope but during counseling they came out with so small
problems which have been solved with cool discussion at home only.
Apart from this trainees were told about Protection Officer at every district who is there
to look into these cases and provide protection and counseling, whole procedure was
been explained that how one can file Domestic Incident Report and can get the relief
either its monetary or residential.
Questions and deliberations:
 Participants were curious to know that now days there comes many cases
where women put false allegation against the husband’s family.
 They were informed that under this law doesn’t work blindfolded, a whole
investigation takes place under this and if it is found that allegation were
false woman will be punished.
Session 3: The Prohibition of Child Marriage Act, 2006 and Dowry
Prohibition Act, 1961
Trainer : Adv. Kabir Shelly
Content:
This session focused on discussing and uprooting the problems of child marriage and
dowry. The women were made to understand how some traditions like these were only
harming our society and not supplementing in any manner.
Dowry
The concept of dowry in earlier times was for a very noble purpose. This money was
given to the bride by her parents to secure a good and comfortable future for her so
that she did not have to ask her husband or in laws for cash or kind. But as the times
changed people grew greedy and dowry turned into a source of extra income for the
39
grooms family and a tool of harassment and humiliation for the brides parents. Apart
from this they were explained to them that how if a girl dies in unnatural
circumstances within 7 years of her marriage and there are evidences that she was
been exploited for dowry before death then action will be against her in laws for doing
so.
Definition:
Dowry means any property or valuable security given or agreed to be given either
directly or indirectly –
•
by one party to a marriage to the other party to the marriage
•
by the parents of either party to a marriage
Penalties:
 If any person directly or indirectly demands from the parents or guardian of the
bride or bride-groom , he shall be punishable with imprisonment which extends
to 6 months or with fine up to Rs.5000 or both
 Any agreement for the giving or taking of Dowry shall be void.
 Every offence under this Act shall be non-cognizable, bailable and noncompoundable.
Dowry for the benefit of heirs
If dowry is received by any person other than the woman then it should be transferred
to the woman before marriage - within 1 year from the date of marriage. If the woman
dies before receiving the dowry then heir of the women shall be entitled to the person
holding it for the time being. Incase a person fails to transfer within a time limit , it
shall be punishable with imprisonment which may extend to 6 months of
imprisonment or fine of Rs. 5000 or both.
•
Only magistrate first class shall try any offence
•
No court shall take cognizance on any offence except on a complain made within
one year from date of offence
40
•
It shall be lawful for the
magistrate S
first class to pass any sentence
authorised by the act on any person convicted of an offence
Salient features
 Offering or accepting is a non-cognizable, bailable, non-compoundable offence.
 No agreement initiating dowry exchange is valid.
 This act is a legal support to a woman to prevent any dowry related problems.
 It is a support to women for their day to day suffering and domestic violence
within in house.
Power to make rules
 Central govt by notification in official gazette, make rules for carrying out for the
purpose of this act.
 Every
rule made shall be laid as soon as(may be after it is made or before)
House of parliament
 Any such modification or annulment shall be without pre-judice to validity of
anything previously done
Child Marriage Act, 1978
The Prohibition of Child Marriage Act (PCMA) in 2006, came into effect on 1 November
2007 to address and fix the shortcomings of the Child Marriage Restraint Act. The
previous Act also made it difficult and time consuming to act against child
marriages and was difficult to implement as there was a lot of confusion about
authorities.

This Act kept the ages of adult males and females the same but made some
significant changes to further protect the children.

Boys and girls forced into child marriages as minors have the option of voiding
their marriage up to two years after reaching adulthood
41

In certain circumstances, marriages of minors can be null and void before they
reach adulthood.

Any valuable exchanges made must be returned if the marriage is nullified, and
the girl must be provided with a place of residency until she marries or becomes
an adult.

Any children born from a nullified marriage will be considered legitimate, and
the courts will give parental custody with the children's best interests in mind.

Any male over 18 years of age who enters into a marriage with a minor or
anyone who directs or conducts a child marriage ceremony can be punished
with up to two years of imprisonment or a fine.
On being asked what can be done to get rid of the evil of child marriage and dowry the
women said that there is a need for change in the mindset of the people. By
formulating deterrents for such evils by awarding punishments and fining does help
but till such time people really believe that these practices are wrong, they will not
understand and will continue doing it. Awareness amongst men and women and an
approach to their sentiments would actually make a difference.
Session 4: Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013
Trainer: Adv. Dolly Joshi
Content
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 is a legislative act in India that seeks to protect women from
sexual harassment at their place of work. It was passed by the Lok Sabha (the lower
house of theIndian Parliament) on 3 September 2012. It was passed by the Rajya
Sabha (the upper house of the Indian Parliament) on 26February 2013] The Bill got the
assent of the President on 23 April 2013. The Act came into force from 9 December
2013.
Case Study
42
During this session Saroj, Ward member (Badhwala) narrated a story of a girl in her
village. This girl Shakti (name changed) was sexually exploited by four men from her
village only. Even being from a small village where raising voice against such evil
backfires your image raised her voice and decided to fight for her rights and till now
she is bravely continuing her fight. This was a great example for all the women that
there are many times when you have to fight for your rights and dignity. And being
silent will never be a solution for any of your problem infact there are many chances
that this silence will add up the troubles.
Session 5 – Role of Panchayat in legal literacy
Trainer: Ms Damini Mamgain (Gender Trainer)
Content
Gram Panchayat constitutes an important part of the three tier system. Panchayat acts
like a mini court at the village level and is expected to resolve petty issues at their own
level. 73rd amendment in the Indian constitution gave the panchayat extensive power.
Following is the political setup of a gram panchayat.
Adhyaksha
The Adhyaksha of the Gram Panchayat shall, in addition to the power exercisable
under any other provision of the Act or rules made thereunder :
convene meetings of the Gram Panchayat;

have access to the records of the Gram Panchayat; and exercise supervision and
control over the acts of the officers and employees of the Gram Panchayat
including the Secretary.

The Adhyaksha may, if in his opinion the immediate execution of any work or
the doing of any act which requires the sanction of a Committee of the Gram
Panchayat, is necessary in public interest convene a meeting for the purpose
with a notice of twenty four hours.
Upadyaksha :
43
The Upadyaksha of the Gram Panchayat shall exercise the powers and perform the
duties of the Adhyaksha when the Adhyaksha is absent, on leave or is incapacitated
from functioning.
Standing Committees:(1) Every Gram Panchayat shall constitute the following Committees by election:Production Committee
Social Justice Committee
Amenities Committee
Production Committee :This committee shall perform functions relating to agricultural production, animal
husbandry and rural industries and poverty alleviation programmes.
Social Justice Committee :This committee shall perform functions relating to Promotion of educational, economic,
social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and
Backward Classes; Protection of such castes and classes from social injustice and any
form of exploitation; Welfare of women and children;
Amenities Committee :
This committee shall perform functions in respect of education, public health, public
works and other functions of the Gram Panchayat.
Functions of the Gram Panchayat:The Gram Panchayat shall perform the functions specified in Schedule I:
Provided that where the state Government or Central Government provide fund for the
performance of any function specified in Schedule I, the Grama Panchayat shall
perform such function in accordance with the guidelines or norm laid down for
performing such function.
44
It shall be obligatory on the part of a Gram Panchayat in so far as the Gram Panchayat
fund at its disposal will allow, to make reasonable provision within the Panchayat are
in regard to the following matters, namely :
providing sanitary latrines to not less than ten percent of the households every
year and achieve full coverage as early as possible;

constructing adequate number of community latrines for the use of men and
women and maintaining them;

maintaining water supply works either on its own or by annual contract by
generating adequate resources;

revising and collecting taxes, rates and fees periodically which are leviable under
this Acct;

ensuring universal enrollment of children in primary school;

achieving universal immunisation of children;

ensuring prompt registration and reporting of birth and deaths;

providing sanitation and proper drainage;

construction, repair and maintenance of public streets;

removing encroachments on public streets or public places;

providing adequate number of street lights and paying electricity charges
regularly;

filling-up insanitary depressions and reclaiming unhealthy localities;
The Gram Panchayat may also make provision for carrying out within the Panchayat
area any other work or measure which is likely to promote the health, safety,
education, comfort, convenience or social or economic well being of the inhabitants of
the Panchayat area.
The role of the Panchayats in legal literacy was also highlighted. It was pointed out the
Panchayat can spread the message of legal literacy and provide hand holding to women
whose rights have been violated. Also it can act as a pressure group which addresses
gender based sex selection and provides a bridge between the service provider and
service seekers.
Session 6 – Pre-conception Pre- natal Diagnostic techniques Act, 1994
45
Trainer: Adv. Dolly Joshi
Content
It’s been more then decade that this law has been formed but still there is drastic
difference in the sex ratio of our country 940 females per 1000 male. And the saddest
part Is not that these girls are one who doesn’t have records these are one who were
never allowed to take birth. Ultrasound machines came with the objective to keep an
eye on growth of fetes or if there is any disease or any other problem being or going to
be faced by mother and fetus.
Ms.Rekha Pundir also being a member of State Supervisory Board (Inspection Board
Committee, PCPNDT), told that how during different raids in Haridwar and Dehradun
districts they found many clinics who were conducting these sex determination test
and had arranged everything in their clinics to kill the
life. There no records were
there of any F form or any abortion or ultrasound done in past one year. All the
machines were unregistered hence these clinics were seized down.
Questions and deliberations
 Participants asked what about those sadhus and pundits who promises
and advertise to have a boy child by having their medicines, because that
too help parents to have a cut down the chance of getting a girl child.
 They were informed that these people and these ads too are illegal under
this law and they can also punished under the same Act.
Day ended with a short ending session taken by Mr.Upadhya (A.D.O, Panchayat,
Vikasnagar). He informed everyone that in last week of October Block Office,
Vikasnagar will be arranging a three day training programme for all newly elected
Pradhans in order to help them in work better in their fields. He gave all the
information regarding the working of panchayats, their duration, quorum, meetings.
They were all told that how they can utilize their power to meet the requirements of the
people of their village.
Day 2 (20th September 2014)
46
The 2nd days proceedings were mentored by Ms Rekha Dhyani. As always, the day
started with prayer following which was held the revision of the previous sessions.
Some selective women read out whatever was discussed in the previous day and with
that we moved on to the first session for the day.
Session 1 -Right to information
Trainer : Adv. Omar Khan
Content
Most people are not even aware that a lot many times when they want to get their
important documents forwarded from one department to another, the amount that
they pay is a form of bribe.
Trainees opinion
 A woman pointed out that in the villages, the people who are actually poor do
not have a ration card, on the other hand people are well off and have big
houses avail the services of a ration card. For the people who do have a ration
card, get very less amount of resources as compared to the amount sanctioned.
 They were told that they could ask for all information regarding their ration card
issues to the District Supply Officer . This information could range widely from:

The cost of getting a ration card made.

Number of BPL an APL ration cards in the village.

Number of ration cards issued in the name of women.

Amount sanctioned per ration card per month etc.
Session 2-
Labour Laws
Trainer: C.S Negi (Coordinator State Resource Centre, Uttrakhand)
Content
47
Constitution of India clearly marks itself that equality should prevail in our country
irrespective of economic or social status or gender wise. Article 14 where talks about
equality there on other hand Article 21 talks about Right to Life. There are many times
when women are refused to jobs just because of being female. In this way they refused
to their fundamental right to equality and life which is clearly an offence. Under Equal
Remuneration Act,1976, they are entitled to be paid equally for the same nature of work as
their male counter parts. There is an Advisory committtee which takes care of the
employment needs of women. It ensures equality of opportunity between men and
women. Advisory committee should consist of minimum 10 member of which half
should be women.
Session 3 -Property rights of women and maintenance provisions in India
Trainer : Sheen Mudgil (Legal Trainer)
Content
The right of women over their paternal property was discussed at length along with
maintenance provisions. One of the trainers asked the women about their opinion on a
daughters right in her father’s property, to which they said that if a daughter really
loved her parents and was grateful to them for everything they did for her then she
would not demand for her share in the property and would sign the No Objection
Certificate (NOC). It did not come as a surprise that women thought in such a way
because in Indian culture women are expected to be sacrificing in every sense.
However, the law provide equal status to both a son and daughter and a daughter has
an equal share in their fathers property as her brother. There is no gender
discrimination in this case and the law provides for equality irrespective of gender.
3rd Legal Awareness Programme (26-27 September, 2014, Place of training: RLEK,
Auditoriun Dehradun (Uttarakhand)
48
Day 1 (26th September 2014)
The day started with the trainers and the trainees introducing themselves to each
other. After that, Ms. Rekha Pundir (Secretary, PRAGATI) acquainted everyone with the
goals and objectives of the programme.
Mr. Kuldeep Sharma, Civil Judge (S.D.), Dehradun and Ms. Beena Sajwaan, Block
Pramukh (Raipur Block) were extended a floral welcome. Ms. Beena delivered an
informative and thought provoking speech to the trainees. She threw light on the
significance of photograph verification and the misuses of an improperly verified
photograph. She also made the women realize the importance of their positions, and
discussed incidents where families of the women at such posts took unfair advantage
of them, and then left them alone to suffer for their wrongs. She stated that it is
important for the women to seek support from their husband in order to make an
impact the present scenario. She also talked about herself and how her husband
helped her to become what she is today. She concluded by saying that every woman
has the strength of Durga in her and every woman is capable of fighting her own war.
Members of various local self-governance bodies i.e. Panchayati Raj InstitutionsKshetra Gram Sabhas , Asha workers, Aanganwadi employess from Block Raipur,
Dehradun Dist., Uttarakhand had come to attend the legal awareness training
programme organized by the all women organization PRAGATI.
Session 1: Free Legal Aid
Mr. Kuldeep Sharma, Civil Judge (S.D), DALSA, Dehradun
Content
The participants were made aware about the provision of free legal aid and how they
can avail the same. He informed the trainees about the prospect of District Legal
Services Authority Front Office which will be opening shortly to provide free legal
services.
49
He further added that DALSA is not only limited to judicial functions but also has the
authority to perform various non-judicial functions like making of ration cards, BPL
cards, Birth/Death Certificates etc.
He imparted detailed information about ‘who will be entitled to free legal aid?’ from
Section 12 of Legal Services and Authorities Act, 1985 i.e.

Person belonging to SC/ST

Mentally/ physically challenged person

Women and children

Victims of human trafficking

Victims of ethnic violence

Industrial workers

Person with annual income less Rs. 1 lakh.
He also discussed about the Right to Service Act, enacted by Uttarakhand Government
according to which any person can rightfully claim free legal service by submitting an
application letter. The application for legal service shall be treated within a definite
period of time.
Appeals can be filed if the applicant is not satisfied with the reason for not providing
the services.
Questions and deliberation:
 Ms. Usha Rani raised her query regarding where to file the application for
free legal service?

She was told that application can be submitted in Mediation Cell of
Season Court Compound.
 Ms. Rashmi Panth,Raipur (Aganwadi worker), brought before him a case
from her village regarding property dispute among four brothers. She
brought to light that the youngest brother’s share of the property had been
sold without his consent.
50

Regarding this problem our Chief Guest guided that the party
should not give up possession of the property and should take the
matter to the court within a period three years.
 Ms. Sangeeta Sharma (BDC member, Saudasadoli) brought up a case in
which the dispute between two brothers and their wives had worsened into
violent actions. Considering the gravity of the event of violence Mr.
Kuldeep Sharma advised that an FIR should be lodged and the matter
should taken to the courts rather than attempting to settle the dispute
through mediation process.
 Ms. RenukaKhadka, a member of KshetraPanchayat, Nehrugram raised
her queries about para legal volunteers?

Hon’ble Mr. Kuldeep Sharma gave detailed answer to her query
explaining both the qualifications and the roles of para legal volunteers.
Post the lecture by our chief guest, a very informative and inspirational short film on
free legal aid was shown to the trainees, which consisted of effective lessons on
LokAdalats and several legal provisions.
The film depicted the struggle of poor woman to get justice with the help of free legal
aid.
Session 2: Legal Awareness and Protection of Women from Domestic Violence
Act, 2005
Trainer: Adv. NarendraTripathi (Member, State Resource Center, Dehradun)
Content:
He encouraged the trainees to impart the knowledge they acquire in their
respective regions to spread legal awareness and try to eradicate injustice from the
society. He also discussed the importance of fulfilling one’s duties along with
fighting for rights. He threw more light on the importance of legal awareness by
informing that the ignorance of law is no excuse in the eyes of law. He inspired the
51
trainees to lend a helping hand in facilitating the availability of legal knowledge to
the grass root levels of the society.
He then threw some light on PWDV Act, 2005
Questions and Deliberation

Miss Vimla, Village-Chamroli (Up-Pradhan) asked where and how could she
report for a case of Domestic Violence. The trainees were told about Protection
Officers at every district who are appointed to provide protection and counseling.
The procedure of filing a D.I.R- Domestic Incident Report was explained to the
trainees.
Session 3: Sexual Harassment of at Work place Act, 2013
Trainer: Adv. Dolly Joshi
Content
A short film that motivates action against those indulging in sexual harassment at
workplace was shown to the women.
First of all, the trainer conveyed to the trainees that as working women, that had an
equal right to work and earn money as men. She discussed that in the present
scenario women after being harassed at workplace tend to quit their job rather than
taking legal action against the perpetrators.
She informed that all working offices having 10 or more working members, according
the law, must have a committee for issues regarding sexual harassment at workplace.
She threw light on the salient features of the act

This Act defines “sexual harassment at the workplace” in a comprehensive
manner. It covers circumstances of implied or direct promise or threat to a
woman’s employment prospective or creation of hostile work environment or
humiliating treatment and behavior which can affect her health, safety,selfdignity or liberty.
52
The definition of “aggrieved woman”, who will get protection under this Act is very
broad to cover all women, irrespective of her age, caste or employment status, whether
in the organized or unorganized sectors, public or private and covers clients,
customers and domestic workers as well.
The Act positively includes organizations, department, office, branch unit, etc in the
public and private sector, organized and unorganized hospitals, nursing homes,
educational institutions, sports institutes, stadiums, sports complex and any place
visited by the employee during the course of employment including the transportation
and likewise.The redressal mechanism provided in the Act is in the form of Internal
Complaints Committee (ICC) and Local Complaints Committee (LCC).
All workplaces employing 10 or more than 10 workers are mandated under the Act to
constitute an ICC. The ICC will be a 4 member committee under the Chairpersonship
of a senior woman employee and will include 2 members from amongst the employees
preferably committed to the cause of women or has experience in social work/legal
knowledge and includes a third party member (NGO etc.) as well.
Complaints from workplaces employing less than 10 workers or when the complaint is
against the employer will be looked into by the LCC. A District Officer notified under
the Act will constitute the LCC at the district level
LCC will be a five member committee comprising of a chairperson to be nominated
from amongst eminent women in the field of social work or committed to the cause of
women, one member from amongst women working in block/tehsil/municipality in the
district, two members of whom at least one shall be a woman to be nominated from
NGOs committed to the cause of women or a person familiar with the issues related to
sexual harassment provided that at least one of the nominees should preferably have a
background in law or legal knowledge.
A complaint of sexual harassment can be filed within a time limit of 3 months. This
may be extended to another 3 months if the woman can prove that grave
circumstances
prevented
her
from
doing
the
same
means
with
reasonable
circumstances
The Act has a provision for conciliation. The ICC/LCC can take steps to settle the
matter between the aggrieved woman and the respondent; however this option will be
used only at the request of the woman. Further, if any of the conditions of the
53
settlement are not complied with by the respondent, the complainant can go back to
the Committee who will proceed to make an inquiry
 The Committee is required to complete the inquiry within a time period of 90
days. On completion of the inquiry, the report will be sent to the employer or the
District Officer, as the case may be, they are mandated to take action on the
report within 60 days.
 In case the complaint has been found proved, then the Committee can
recommend action in accordance with the provision of service rules applicable to
the respondent or as per the rules which will be prescribed, where such service
rules do not exist. The committee can also recommend deduction of an
appropriate sum from the salary of the respondent or ask respondent to pay the
sum.
She along with Ms. Rekha Pundir threw some light on some recent cases on this topic.
The trainees were explained what all actions constitute sexual harassment in a very
detailed manner so that they acquire in depth knowledge to help themselves and
others.
Questions and Deliberations

Ms. SavitaChauhan (Gram Pradhaan, Serki), enquired what steps could be taken
against those who commit sexual harassment outside the workplace. She was
advised that harassment isues can be taken to the MahilaAayog. She was also
provided with the contact information of LCC i.e. Local Complain Committee of
Sudowala area.

Aanganwadi workers Ms. Laxmi and her colleagues complained that these
incidents happened during their work trips for the Polio campaign. They were
advised to lodge a complaint to the District Officer or contact the MahilaAayog to
have the perpetrators punished.
54
Session 4: Role of Panchayat in legal literacy
Trainer: Ms DaminiMamgain (Gender Trainer)
Content:
The salient features of the 73rd Constitutional amendment were put froth before the
trainees. They were informed that this amended was enacted to provide continuity,
certainty and strength to Panchayats. They were told that Panchayats had a very big
role to play in overall development of the nation.
Questions and Deliberation

Ms. Manju asked whether the decision of the panchayat has a binding authority.
The trainees were informed that it is presumed the villagers have to follow the
decision of Panchayat as it is the highest authority of justice at the village level
but if not satisfied one can approach a higher judicial body.
Session 5: Sex Selection: Pre-conception Pre-natal diagnostic techniques Act,
1994
Trainer: Adv. Dolly Joshi
Content:
The sex ratio has been deteriorating in our country at an alarming rate. A major factor
in this deterioration of sex ratio is the misuse of ultrasound machines. The objective of
these machines was to keep a check on the growth of foetus inside his/her mother’s
womb, but later on they began being misused for the purpose of sex determination and
female foeticide.
Questions and deliberations

Ms. Binnydevi of Mehuwaala came up with the information that in the hill
regions the practice of sharing of one wife among brothers is prevalent. She was
55
told that this was a consequence of sex ratio deterioration. The unavailability of
women to marry is the root cause of such inhuman practices.

Ms Sarita told that in her area, it can be observed that parents keep on
reproducing until a boy is born.

Ms Rita Dobhal brought to light that in some families girls are given away like
commodities to other families who can afford an upbringing. The trainer advised
her promote the idea of family planning in such places.
Session 6: Labour Laws
Trainer: Adv. NarendraTripathi (State Resource Center, Dehradun)
Content:
Discussions on held on various labour laws which special focus on rights of women
such as the Maternity Benefit Act, Payment of Wages Act and Equal Remuneration Act.
They were told that for equal work they have to get equal pay and discrimination can’t
be made during recruitment on basis of gender.
Day 2 (27th September 2014)
Ms. Pushpa Bisht started the day with a quick recapitulation of the sessions of
day 1. The trainees were given more knowledge about the topics covered in the
previous sessions. They were also re-explained the roles of Para-legal workers.
Discussions were also made on the serious issue of child beggary. The women
56
were told that if they do not retaliate, if they do not fight back, these social evils
will only grow.
The trainees absorbed the knowledge with utmost enthusiasm and atten
Session 1: Child Marriage and Dowry Prohibition Act,1961
Trainer: Adv. MamtaThapa
Content:
The trainees were informed that Section 304-B of The Indian Penal Code, 1860 and
The Dowry Prohibition Act, 1961 provide protection to women from dowry. The trainer
also advised the trainees to read the bare acts. She highlighted the significance of the
period of seven years mentioned in the Section 304-B of the IPC (Dowry Deaths) i.e.
Where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage and it
is shown that soon before her death she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in connection with, any demand for
dowry, such death shall be called "dowry death", and such husband or relative shall be
deemed to have caused her death.
Explanation- For the purpose of this sub-section, "dowry" shall have the same
meaningas in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment for
life.
The trainees were then explained the difference between dowry and ‘Stridhan’. They
were also informed about the dowry prohibition officers to whom the list of gifts given
by one party to another party in a marriage signed by the parties and dowry
prohibition officer should be submitted.
A short film, ‘EkchotisiDulhan’ by UNICEF on Child Marriage was shown to the
trainees to give important information about child marriage.
57
A motivational, animated short film on prohibition of dowry, ‘Dahej Na Lena Na Dena’,
by UNICEF was shown to the trainees. Apart from this, the trainer very vividly
addressed the issue of Child Sexual Abuse. She used pictorial representation
technique and explained the different acts that constitute Child Sexual Abuse through
diagrams. She revealed that survey results said that children are very sensitive
towards these activities and also told the trainees how to instruct the innocent
children to fight back against such exploitation. Depression is one of the common
symptoms in children facing the problems of sexual abuse. It was found out that child
sexual abuse is often faced by girls as well as boys. The trainees were also given the
child helpline no. 1098 and were recommended a short film on CSA.
Questions and Deliberations

Miss Sarita asked that can action be undertaken by a third party who comes to
know about the practice of dowry going on at some person. The trainer informed
that a third party can also report such activities going on to the authorities.

Miss SangeetaSolanki expressed that recently in many cases this law was
misused which had led to several arrests of innocent parties to the marriage. On
this the trainer made the trainees aware that recently, The Supreme Court of
India had ruled that the arrests would take place only post proper investigation
by the police on the grounds of evidence
Session 2: Health Issues
Trainer: Dr. SushmaDutta (Director, NRHM)
Content:
The trainer began the session by stating that if we work hard, hand in hand to
accomplish a goal, health issues can be solved effectively. She said that the Polio
campaign is an example of a successful collective effort. She highlighted the
importance of bringing about a sense of awareness regarding health issues especially
among women.
58
She said that it is essential to improve upon the infant health conditions in our
country because there is an alarming no. of infants who die before even completing the
first year of their life. She discussed the importance of a proper diet and schedule for a
pregnant woman for the health of the foetus as well as the mother. She explained the
importance of iron and folic acid in the nutrition plan for a woman during pregnancy.
The trainees made several queries which were heard and answered with utmost
patience by Dr. SushmaDutta.
Questions and deliberations

MsLaxmi Sharma expressed her concern that in her village the use of condoms
was a taboo. There were several misinformation regarding the use of
contraceptives. Dr. Sushma dismissed all the myths and asked her to explain
the use of condoms as well as other methods of family planning like copper-T.

Ms. Zahira who was pregnant at the time had been misinstructed by some local
medical practitioner about diet and schedule. Dr. Sushma supplied her with the
correct information regarding the same.

Dr. Sushma also informed the trainees that the pill called ‘unwanted 72’ was not
to be used more than twice in life by any woman as it results to harmful sideeffects as a result of heavy overdose.

She explained the importance of exclusive breast feeding for the first six months
for both, family planning as well as the health of infant.

KshetraPanchayatSadasya Smt. Mangalajiasked what the reasons are for the
death of a foetus. Dr. Sushma informed her that the major reasons are anemia
and wrong medication. She also discussed the way of avoiding such situations
during pregnancy. The trainees were told that it was essential for a woman to
take sufficient rest during pregnancy to improve blood circulation in the foetus.
Session 3: Right to Information Act, 2005
Trainer: Adv. NarendraTripathi
Content:
59
The women were told that RTI is one of the most effective weapons that they have to
their disposal for fighting against the huge problem of corruption.
Information as asked for under the RTI act can be sorted from any “Public Authority”.
A “public authority” is any authority or body or institution of self-government
established or constituted by or under the Constitution; or by any other law made by
the Parliament or a State Legislature; or by notification issued or order made by the
Central Government or a State Government.
Public authorities have designated some of its officers as Public Information Officer.
They are responsible to give information to a person who seeks information under the
RTI Act.
In normal course, information to an applicant shall be supplied within 30 days from
the receipt of application by the public authority. If information sought concerns the
life or liberty of a person, it shall be supplied within 48 hours. In case the application
is sent through the Assistant Public Information Officer or it is sent to a wrong public
authority, five days shall be added to the period of thirty days or 48 hours, as the case
may be.
Questions and Deliberations

Ms. Vinnydevi requested the trainer to throw some light on the format of a RTI
application. The trainer showed and explained the format and insisted everyone
to note down the same for future use.

Ms. ManjuChauhan enquired whether all kinds of information can be extracted
by exercising the Right to Information. The trainer answered that, a citizen has a
right to seek such information from a public authority which is held by the
public authority or which is held under its control. This right includes inspection
of work, documents and records; taking notes, extracts or certified copies of
documents or records; and taking certified samples of material held by the
public authority or held under the control of the public authority. The Central
act excludes some bodies such as security or intelligence agencies from the
obligation of providing information
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
Ms Mangala, Village Kesarwala (Ward member) wanted to know about the fee for
seeking information. She was informed that information can be sought for very
nominal fees i.e. Rs 10/- in addition to the cost of the medium in which
information is sought.
Session 4: Game and Group Discussion

Snakes ‘n’ Ladders:
The trainees imbibed some important values through an exciting and thought
provoking game of snakes and ladders which symbolized social evils as snakes and the
practices for upliftment of women as ladders.
The game is printed on a bed sheet large enough to allow women to stand as pawns. 34 pairs of women, one of whom will be the pawn while the other throws the dice play
the game. Various good and bad practices related to the roles and functioning of
governance are depicted in the squares
Step 1: Two participants are called on to become pawns.
Step 2: Two more participants are asked to throw dice for the pawns.
Step 3: The latter through the dice and in turn, their pawn moves as per the score on
the dice.
Step 4: The participants on reaching the square depicting good practices gets to climb
the ladder and that of the bad practices gets a snake bite thus bringing her down.

Group Discussion
The trainers and trainees engaged in extensive group discussions during the game. As
the issues come up while playing they were being talked upon and important points
were being made by the trainees as well.
The enthusiastic participation of trainees made the discussion more captivating and
fruitful.
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4th Legal Awareness Programme (8-9 October, 2014, Place of training: RLEK,
Dehradun, Uttarakhand)
Session 1: Day 1 (8 October 2014)
The day started with an introduction round whereby the trainers and the trainees
introducing themselves to each other. After that, Ms. Rekha pundir (Secretary,
PRAGATI) acquainted everyone with the goals and objectives of the programme. Mr.
Kuldeep Sharma, Civil Judge (S.D) was extended a floral welcome. He started the
session by telling women their importance in life for which they should not ignore the
rule of wearing helmet. He also enlightened the trainees with the free legal service and
para-legal volunteer and answered the queries of the women.
A short play on female feticide was conducted. Post lunch session started with a very
motivational song with two way participation . “nari ko adhikar” .
Domestic violence
Trainer Mr. Narendar Tripathi ,Advocate(State Resource Center, Uttrakhand)
Content
Mr. Narendar Tripathi started his lecture by beautifully saying that not only smile but
also spread your smile and further coming to the topic he mentioned the topic and its
importance and reason why this women empowerment came into existence. He raised
question to the trainees and asked why women needed such law to be protected?

One of the trainee Ms.Beena answered to the question and said that it started
inside one’s own house where women was dominated by men and further it lead
to domestic violence.

Another woman Ms.Urmila Pundir stated that now because of these law women
are getting aware and coming out to fight back.
He further informed the women about who all come under this law or who can use
this law i.e. any women be it a daughter, wife ,sister, mother in law
etc. within 60
62
days of your registering the case of domestic violence you will be given judgment .
He told them that physical, oral, emotional, and economical exploitation comes
under this domestic violence and report can be filed by either the victim itself or any
other person who know about this .He or she can go to the police to report this or to
the protection officer which is usually the CDPO of that place .Further explained the
process and
made them aware about the provision
of giving maintenance and
basic needs through the help of magistrate to the victim. Breach of the order of the
court leads to a penalty of one yr. of jail and rs.20,000 thousand.
He gave example of the recent “bell bajao andolan” and told the role of people to
go and complain about evil they see in their society.
QUESTIONS AND DELIBERATIONS:
 If emotional violence happens with any by her husband or children, what
should we do?
 Mr. Narendra Tripathi answered that you can easily take shelter under this
law.
A short film was also shown for the participants this made learning easy and
interactive
Session 2: Free Legal Aid
Trainer Mr. Kuldeep Sharma, Civil Judge (S.D), DLSA, Dehradun
Content
The Session started by making the women realize that how much legal awareness is
important in their life and how can you avail free legal aid, he also made them aware
about Para legal volunteer and who are eligible to become a Para legal volunteer i.e.
10th pass student or any other person men or women who is interested in social work
.He also spoke about Uttrakhand Service Act, 2011 where they can get services like
registration for rashan card , panjikaran of a new born child ,etc in a particular period
of time without ant delay, and if delay is been made in order to provide services then
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provision for appeal is there for the same. He informed the trainees about the prospect
of District Legal Services Authority Front Office which will be opening shortly to
provide free legal services.
He further added that DLSA is not only limited to judicial functions but also has the
authority to perform various non-judicial functions like making of ration cards, BPL
cards, Birth/Death Certificates etc.
He also gave a brief knowledge of RTI and how it can be very useful to everyone. He also
made women aware about significance of wearing helmet and as women have a very
important role in a family and society everyone directly or indirectly is dependent on
women, they should be more cautious and take extra care of themselves and the
quality of the helmet should be good so that at time any mishap you are safe .
QUESTIONS AND DELIBERATIONS:
 Urmila Pundir an aganwadi worker questioned about the shortage of rashan
card which frequently take places due to which people suffer a lot and are
unable to use the govt. scheme for them. She stated that when we take this
matter to the concerned authority they simply say that it is the shortage
from the higher authority itself, so how can we know who’s responsible for
this shortcoming?
 Mr. Kuldeep Sharma answered and said that you can easily take shelter
under the RTI. It is very effective law and they will get the information very
fast also as the act mandates a timeframe within which information needs to
be given.
 SHG member Anita Devi also asked about the distribution of the APL card
and Food security card which many of them are not given and when asked
for the reason the authority said that they are finished and that scheme no
more exists, but our neighboring villagers are being provided with the same?
 He answered that, RTI is the best way from which they can know the reality
and required action will be taken thereafter.
 Sharda devi of Badripur told that birth registration in their area is being
charged - Rs. 50.
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o Mr. Kuldeep Sharma in this context said that, this is illegal and if any
of such thing is happening in the locality they should take steps
against the same and complain. He further stated that people don’t
come forward to report such discrepancies as a result the guilty are not
punished.
Session 3: Sexual harassment at work place
Trainer: Adv. Dolly Joshi
Content
First of all, the trainer conveyed to the trainees that as working women, that had an
equal right to work and earn money as men. She discussed that in the present
scenario women after being harassed at workplace tend to quit their job due to family
or societal pressure, rather than taking legal action against the culprit.
She informed that all working placed means where 10 or more working members are
there and then according the law, must have a committee for issues regarding sexual
harassment at workplace. Committee formed for defined workplace is called Internal
Complain committee (ICC) and committee formed for the women working at
construction sites or fields or travelling from one place to another due to reason of
their work or any woman working, where her area of work is not covered under
definition of workplace, for them there is Local Complain Committee (LCC) at District
level. She informed to the trainees that harassment whether direct or indirect
humiliating or misbehaving or any threat to her health or safety, dignity, liberty
accounts to sexual harassment at work place. Any women can take shelter under this
law irrespective of their caste, age, employment, status, whether it is a private or a
public working office it also comes under this law and women working in such offices
can complaint or file report.
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 Questions and Deliberations

Ms. Anita, an aganbadi worker from Lacchiwala asked what steps they can take
against those people who commits sexual harassment outside the workplace or
when we go for field to work.

She was advised that harassment issues can be taken to the Mahila Aayog.
She was also provided with the contact information of LCC i.e. Local
Complain Committee of the area she lives.
SESSION
4:
Role
of
Elected
Representative
in
legal
awareness
Trainer : Ms. Damini Mamgain
Content : Here participates were informed that Panchayat too have their legal function
and responsibility. There are many issues at Gram sabha level which can be properly
understood by the Panchyat representatives only, because being the part of same land.
Solving issue at this level only will also help to decrease the number of cases at higher
courts which in turn will also solve the problem of pending cases there.
Questions and Deliberation
 Ms. Shivani an aanganbadi worker asked if the decision is partial in nature
due any reason ,what we should do? Is the order of Panchayt is final?
 In this context Ms. Damini told them that they can easily approach to the
higher courts.
SESSION :5 Sex Selection And Female Foeticide
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Trainer: Advocate Dolly Joshi
Content:
Lecture started a short play “Shivani Ki Kahani” which highlighted the evil of
female feoticide in the society and how family and doctors rather being the savior
becomes murders. Women participation was seen and they enjoyed and learnt a
lot from it. After that Ms. Dolly made women aware about female foeticide, she
told that sex selection is illegal. If anyone is found or caught doing this, he/she
will be punished by the law by 3 yr. of jail and Rs.50,000 and if he is caught
again doing the same the punishment gets more severe and she/he is charged
with Rs.1,00,000 and 5 yr. of jail and the doctor is penalized with Rs.10,000 and
cancelation of the license.
Recent cases of Dehradun were discussed and ratio of girl in Uttarakhand was
also told which is 865/1000, and the lowest sex ratio is in district Pitthoragarh .
Session :6 Labor Law.
Trainer : Mr. Narendra Tripathi, Advocate (State Resource Center, Uttrakhand)
Content
In today’s society where everyone talks about equality still there are many
women who have to fight for same. Under the Labour law Right to equal
opportunity is been given under which no woman should be refused to job only
on the basis of being a female. There are certain categories where government
itself prohibits woman to work, such as where one has to carry lots of loads or
where working condition is very harsh. Apart from them they are entitle to get
any job and entitled to be paid equal to their male counterparts.
Questions and Deliberations
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 Participants told that its too common in their area that for instance male is
appointed to dig holes and female is appointed to carry the mud from the
digging site to construction site. But when they are paid female is always
paid less saying that her worked involved less labour then men. Is it correct?
 They were told that they are not paid less because her labour was less its
because only they are not aware of their rights. Under Labour Law equal pay
for equal work is there, and under the situation depicted by them the labour
done by both male and female is equal and have to paid same.
SECOND DAY:
Session started with a prayer, a quick recap was given by the
traniees ,one of the women told that she feels very confident and
motivated after attending day first’s session and told one of her
personal experience of such an event where dowry death took place.
Session :7 Child Marriage And Dowry Protection Act.
TRAINER : Ms. Mamta Thappa, Advocate.
Content:
Commencement of the session started with imparting awareness
about Dowry Prohibition Act 1969. She told to the women that laws
are there for us since very long time but it is our negligence and
mistake that we don’t make our self legally aware. She also explained
them about section 304 b of IPC. Any un-natural death of the women
after marriage within a period of 7 yrs. Counts to dowry death. As
misuse of this law was frequently observed The Supreme Court on 3rd
of July passed a rule that immediate arresting of the in-laws or
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husband will not be done and circumstance evidence will be seen in
such a situation.
Trainees were informed that during a marriage both the party giving
and receiving the dowry is illegal and is punishable offence, but it is
little flexible for the religious gift which there culture or rituals
mention, they can exchange such cultural gifts , but at their own
will. She also gave a brief knowledge about the prohibition of child
marriage act 2006, punishment which can be up to 2 yrs. & fine.
 QUESTIONS AND DELIBERATION:
 Urmila pundir an aanganbadi mahila said that 7 yrs. for dowry
death is very less and it should be increased?
 In this context Ms. Mamta stated that as per the law “Whoever
commits dowry death shall be punished with imprisonment for
a term which shall not be less than seven years but which may
extend to imprisonment for life.”
SESSION:8 Right To Information(2005)
Tranier: Razia Baig (advocate).
Content:
The session started by making the trainees conscious about RIGHT TO
INFORMATION ACT, 2005 she told them that it is the simplest and easiest
law and its procedure is also very modest. Women should always stay
69
ahead in life and know all the fact and information about things taking
place in their surroundings. Anyone irrespective of any bais can seek
information from government officer, the same have to be asked through
an application where they can ask as many question relating to their
information.* and the fee for the same is Rs.10 only there are certain
information which are related to nation’s security, hence can’t be asked
for.This law enables transparency in the functioning of the government.
Minimum days to get a feedback of your questionnaire is 30 days and if
you don’t get the same you can easily appeal to court, there are provision
under law which deals with the punishment (Jail, license cancelling or
financial punishment) of breaching this law.
Questions and Deliberations
 Ms. Sarla Thapa requested the Resource Person to tell how to
write the application under this Act?
 Ms. Razia Baig distributed the format in a pamphlet form to
everyone and told them how to write it down.
 Ms. Shabnam Gram Pradhan, Balawala, under domestic violence
act bought the most usual condition in our society, where even
when wife is beaten by her husband in public but then too when
she goes to police for help they refuse to file her case saying that
this is their personal issue and have to be solved by them only,
without any interference.
 On this Resource Person told her that police has to file her case
and there can’t be any reason for not doing so. It is not their
moral duty to do so but it’s their duty for which they are
70
appointed. Apart from this they can also go to any NGO or to
Protection Officer who will take her case to Magistrate.
Session 9-Property rights of women and maintenance provisions in
India
Trainer: Mr. Tripathi, Legal Trainer.
Content:
In India women were not treated as legal heir and right to property was
not given to them they were treated as mere burden and not in their
fathers nor in husbands property theywere given right. But after this law
emerged a huge change was seen and now women are treated as equal
and they are given equal right in property.
The trainer informed the
women about both its implication in Hindu and Muslim law. How women
whether a wife, daughter or mother can seek their right in property was
also told. It was also told to them that a woman has full right on the
property which she has earned, received as a gift or willed to her. Being
the sole owner of such property, she can do whatever she deems fit .She
can sell it, gift it or dispose it off in a manner suitable to her.
 QUESTIONS AND DELIBERATION:
 Through this can we only have equal right in fathers property or the
inherited property as well?
 In this context Mr. Narendra Tripathi informed that if the
inherited property belongs to your father you will also get an
equal right on it.
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Session 10 : Group Discussion
The session started with women coming forward and sharing their own
experiences, Ms. Shabnam Pradhan of Balawala told everyone that we
should first acquire knowledge and then spread it to everyone else. She
further gave her example of how she caught a sex racket happening in her
village for last 5 yrs.
Every one present in the program gave suggestions and made an oath that
they will make people aware about all what they have learnt in the
training. They gave suggestion that legal awareness program should be
done at the very grass root level with the help of plays and visual method
in villages. They also told that they will take this awareness program to
door to door level.
Case Studies:
SHABNAM THAPA ( GRAM PRADHAN , BALAWALA)
Ms. Shabnam Thapa is currently the elected pradhan from a general seat
from balawala. The first time when she stood for elections it was reserve
seat for women, but in spite of the reservation seat she couldn’t won the
elections that was the time when her confidence started shattering. Before
the second elections she attended the training program of PRAGATI and
got inspired and became confident to stand again for the election, realize
that contesting from a general seat is more challenging than reserve seat,
and the victory thereafter will be more prestigious and worthwhile, the
lessons she took in PRAGATI really encouraged her and she finally won
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the election with majority of votes with an open seat. Now she is in power
and handling her position very well but soon discovered that the evils
taking place in the society against women is increasing day by day like one
day she noticed that her neighbor’s wife was brutally beaten by her
husband and when he was questioned about why he is beating his wife
then he rudely answered “Is she your wife?” , so she felt the need to attend
the training program oraganised by PRAGATI, coming here she learnt
many laws to safeguard and protect women from exploitation in the
village. Later back to her village with the knowledge she gained in the
training program ,she used it as a weapon and revealed the SEX RACKET
taking place in her village ,and with the support of villagers she was able
to take strict actions against this issue which was taking place since 5
years. By doing this she proved that she is an active and capable Pradhan
and even made the police very clear that it’s high time since they have
taken matters seriously and now they have to act strictly. She set an
example in front of everyone and now her goal in the life is to make women
legally aware so that no women are being deprived of their rights.
SARLA THAPA (GRAM PRADHAN, NAWADA)
Ms. SarlaThapa is second time elected member in her area. In her last
tenure she has really worked a lot for women which is the main reason
why is won the election again with a majority of votes. Under her there are
10 women ward members out of 13. She is very amicable in nature. While
she was handling her position she realized how important law is and to
function better she should be legally aware. By attending the program
organized by PRAGTI amd National Commission for Women, she learnt a
lot about law and how to implement it in her own village, She thanked
73
Pragati for organizing such an event and give opportunity to speak and get
trained from such a nice platform. She laid emphases on the strength of
women and told that I can work easily because asha, aanganbadi and my
people help me to function and work properly with their support . she said
that women should never fear and work for the better , she also said that
everyone needs power in their hand but they can get it by proving yourself
and be punctual and not boasting yourself around, they should be
grounded and solve the problem from grass root level. She concluding her
speech said that principles and rules should be laid for both a girl and a
boy child and even said that women should be confident and responsible
for her position and work they do,they have all the capability to do so but
what she usually lack is self-confidence which give rise to a mindset of
thinking man as superior than them. And at last she said “united we
stand and divided we fall”.By working so much in her village she has
proved that women are strong and eligible enough to stand for herself and
not get dominated by men, she came in training and brought women of
her area and helped to make them legally aware. She after gaining the
knowledge of law felt more encouraged.
Chapter III - A brief of valedictory address/ vote of thanks
1st Legal Awareness Programme (6th – 7th September, 2014)
Place of training: Sahaspur Block, Dehradun (Uttarakhand)
When all the sessions concluded, the events of the day were summed up. Following
which Prof. (Dr.) Ramachandran and Mr. Rajiv Puri took an interactive session with
74
the women regarding the issues they were facing and offered their suggestions for the
same.
This was followed by a vote of thanks by Miss Seema from amongst the women in the
audience and subsequently by Miss Rekha Pundir thanking all the women for taking
time off their busy schedules and joining the Pragati team for this two day legal
awareness program.
2nd Legal Awareness Programme (19-20 September, 2014)
Place of training: Vikasnagar Block, Dehradun, Uttarakhand
With the informative sessions covering various laws relating to women, the 2 day legal
training for Vikasnagar Block came to an end. This was followed by a very inspiring
speech by Ms Tara Devi (Block Pramukh, Vikasnagar) in which she shared her
experience as a women representative and social worker and what hardships she went
through. She encouraged the women to participate in such training programs and
learn as much as possible for there is no age for learning.
3rd Legal Awareness Programme (26-27 September, 2014)
Place of training: RLEK, Dehradun (Uttarakhand)
The programme concluded with women sharing their experiences. They stated that
knowledge was the tool which they could use to better their society and provide a
helping hand to women in distress. It was affirmed by the participants that such
trainings were essential as they provided them knowledge skills as well as the
confidence to take over their roles with vigor.
They stated that it was high time that women got their dues and the girl child given
equal status in society. They stated that sex selection needs to be tackled by changing
gender mindsets and then only the problem of skewed sex ratio can be resolved.
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4th Legal Awareness Programme (8-9 October, 2014)
Place of training: RLEK, Dehradun, Uttarakhand)
Ms. Priya Zadu , Director, State Resource Center, Uttarakhand concluded the two days
training by thanking women for participating and for showing such interest. She told
them that all what they have grasped here in these two days they have to be use the
same in their lives and more over, they have to become the link in providing all this
information at all levels they can.
She reminded them that now the time has come where we don’t have to wait for
anyone to fight or ask for our rights now we all are brave, confident and capable
enough to stand for our self, all we need is to take that first step.
Chapter IV – Observations/ Summing up

Women are still seen as a burden on society as a result their position is undermined. The
birth of a girl is not seen as a happy occasion.

Women lack access to health, sanitation, education and decision making power which
further subjugates them.

Gender based sex selection is a result of the practice of dowry as a result there is son
preference in society

Corruption plagues our system and as a result the development of our villages lags
behind.

There is a lack of community based capacitated institutions which provide support to
women in distress and rights violations.

There is major lack of awareness amongst women about their rights as a result they are
further victimized.

Rigid system intimidated the illiterate and poor who require benefits from government
schemes as a result the real beneficiaries are not included in the mainstream.
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
The legal process is ridden with delay, procedure and high costs and the marginalized
prefer not to approach the same.

The government officials do not have an interface with the people they serve as a result
the needs are not reflected at the policy making level.
Chapter V – Recommendations/ Action Plan
-
Legal awareness camps should be held in schools and the same should
be made part of their curriculum.
-
The duration of such camps should be increased to three days
-
Such camps should be held on a regular basis and refresher trainings
should also be undertaken
-
Exposure visits should be made part of these trainings these visits
could be organised to courts, lok adlats, DLSA, police stations etc.
-
There should be a counselor at Tehseel level for Free Legal Aid and
issues related to sexual harassment.
-
Action should be taken immediately against rape accused. Fast track
hearing of crimes against women should be made mandatory.
-
Legal awareness camps should be organized at Gram Sabha level as
well.
-
Sexual Harassment Committee should now be made available in
villages too.
-
Even the men should be made to attend these legal awareness
programs.
-
All the ultra sound centres should be strictly monitored on regular
intervals to put a check on the practice of sex selection.
-
More and more people should be made aware about the RTI act so that
society as a whole could help in checking corruption.
-
Women led collations at the village ;eve; should be capacitated to take
up rights violations of women and provide them support
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