26-Jul-2022: The Scheduled Castes and The Schedules Tribes (Prevention of Atrocities) Act, 1989

To check and deter crimes against the members of the Scheduled Castes and the Scheduled Tribes, an Act of Parliament namely the "The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989" is in force. The SC/ST (PoA) Rules, 1995 have been also framed to effectively implement the provisions of the Act.

Section 21 (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989 and Rule 3(1) (i) of the PoA Rules, 1995 specifies for the purpose of delineation of “Identified Areas” (commonly known as “Atrocity Prone Areas”) where members of SC/ST are vulnerable to being subjected to atrocities and adoption of necessary measures to ensure their safety.

Rule 8 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, requires the State Government to set up a SC/ST Protection Cell, at the State headquarters, under the charge of a DGP, ADGP/IGP. The SC/ST Protection Cells have been set up in the States/UTs of Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Mizoram, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal, Andaman & Nicobar Islands, Chandigarh, NCT of Delhi, Jammu and Kashmir and Puducherry.

Further, National Helpline against Atrocities (NHAA) on the members of Scheduled Castes and the Scheduled Tribes has been also launched by the Department of Social Justice & Empowerment. The objective of the helpline is to generate awareness about the provisions of the Law that are aimed at ending discrimination and provide protection. The NHAA is available on toll-free number ‘14566’ across the country.

The Centrally Sponsored Scheme for the implementation of the PCR Act, 1955 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is in force under which the Central Assistance is provided to the States/UTs mainly for strengthening of the enforcement and judicial machinery, setting up of SC/ST Protection Cells and Special Police Stations, Incentive for inter caste marriages where one of the spouses is a member of a SC, Awareness generation, relief and rehabilitation of the atrocity victims, travelling and Legal Aid.

'Police' and 'Public Order' are State subjects under the Seventh Schedule (List-II) to the Constitution of India. The primary responsibility for implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 rests with the State Governments/UT Administrations.

However, Government of India issues advisories to the State Governments/UT Administrations from time to time for effective implementation of the PoA Act and Rules made thereunder in the letter and spirit.

Ministry of Women and Child Development also implements One Stop Centre and Universalization of Women Helplines across the country as components of the sub-scheme 'Sambal' and Shakti Sadan as a component of sub-scheme ‘Samarthya’ under Umbrella Scheme 'Mission Shakti'.

One Stop Centre, popularly known as Sakhi Centres, the One Stop Centre (OSC) is being implemented across the country since 1st April 2015. The objectives of the One Stop Centre component are to provide integrated support and assistance to women affected by violence, both in private and public spaces under one roof and facilitate immediate, emergency and non-emergency access to a range of services including police, medical, legal aid and counselling, psychological support to fight against any forms of violence against women. As of now, 758 OSCs have been approved and out of which 708 are operational in 35 States/UTs and more than 5.40 lakh women have been assisted so far.

The Universalisation of Women Helpline (WHL) is being implemented since 1st April, 2015 with the aim to provide an immediate and 24 hour emergency and non-emergency response to women across the country by referral service. Under the Scheme, a toll-free 24-hours telecom service through short code 181 is provided to women seeking support and information. Women helpline is operational in 34 States/UTs and handled more than 70.00 lakh calls assisting the aggrieved women.

Shakti Sadan component targets women victims of unfortunate circumstances who are in need of institutional support for rehabilitation and victims of trafficking so that they could lead their life with dignity. The scheme envisages providing shelter, food, clothing and health as well as economic and social security for the women victims of difficult circumstances and trafficking which includes widows, destitute women and aged women.

21-Jul-2022: Maternity Benefits Under the Maternity Benefit (Amendment) Act,2017

The Maternity Benefit Act, 1961, as amended vide the Maternity Benefit (Amendment) Act, 2017, provides inter-alia for paid maternity leave to women workers and crèche facility by establishments.  The Act is implemented by the Central Government as well as by State Government as appropriate government in their respective spheres which includes establishments engaged as mines, factories and construction.

The maternity benefits are also provided to women workers who are covered under the provisions of Employees’ State Insurance (ESI) Act, 1948.  Every woman, entitled to the payment of maternity benefit under the Maternity Benefit Act, continues to be covered under this Act until she becomes qualified to claim maternity benefit under the ESI Act, 1948.

9-Mar-2017: Parliament passes Maternity Benefit (Amendment) Bill, 2016.

The Lok Sabha has passed the Maternity Benefit (Amendment) Bill, 2016. The Bill had already been passed by the Rajya Sabha during the Winter Session.

The Bill seeks to amend the Maternity Benefit Act, 1961 to provide for the following:

1. Maternity leave available to the working women to be increased from 12 weeks to 26 weeks for the first two children.
2. Maternity leave for children beyond the first two will continue to be 12 weeks.
3. Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months as well as to the “commissioning mothers”. The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.
4. Every establishment with more than 50 employees to provide for crèche facilities for working mothers and such mothers will be permitted to make four visits during working hours to look after and feed the child in the crèche.
5. The employer may permit a woman to work from home if it is possible to do so.
6. Every establishment will be required to make these benefits available to the women from the time of her appointment.

The amendments in the Bill were taken up following the request by the WCD Minister to the Hon’ble Labour Minister to bring about these changes so that a working woman gets time to exclusively breast-feed her child for 6 months after the birth. This period also enables the working mother to recuperate herself before she goes to back to work. In her communication to the Labour Ministry, the WCD Minister had also highlighted the concerns of commissioning and adopting mothers who also require maternity leave.