CBSE Textbook Solutions: Prevention of Violence against Women | Legal Studies for Class 11 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions: 
Q1. Provide answers briefly for the following- 
(i) What is CEDAW? 
Ans: CEDAW stands for the Convention on the Elimination of All Forms of Discrimination Against Women. It is an international treaty adopted by the United Nations in 1979, aimed at promoting women's rights and achieving gender equality by eliminating discrimination against women in all forms.

(ii) What is PWDVA? State the support services provided to women under PWDVA. 
Ans: The PWDVA, or Protection of Women from Domestic Violence Act, was enacted in India in 2005 to protect women from domestic violence. The support services provided under PWDVA include:

• Mandatory assistance by medical facilities and shelter homes.
• Provision for legal aid.
• Counseling on the direction of the court.
• Protection Officers and Service Providers to facilitate access to services.

(iii) What guidelines were issued by the Supreme Court in Vishakha & others v. State of Rajasthan? 
Ans: The Supreme Court issued guidelines to prevent sexual harassment at the workplace, which included the establishment of a complaints mechanism, the requirement for employers to create a safe working environment, and the need for awareness programs regarding sexual harassment.

(iv) Trace the evolution of POSH Act, 2013 in India. 
Ans: The POSH Act, or Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, was enacted in 2013, inspired by the Vishakha guidelines. It was a response to increasing awareness and advocacy against sexual harassment in workplaces, aiming to provide a legal framework for prevention and redressal of such complaints.

Q2. The concern for 'violence against women' including violence in intimate relationships has significantly existed in international discourse and legal frameworks. 
(i) Which United Nations treaty defines Violence against women? 
Ans: The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979, defines violence against women and sets an agenda for national action to end such discrimination.

(ii) How had Indian Parliament reacted to the rising cases of domestic violence? 
Ans: In response to the increasing cases of domestic violence, the Indian Parliament enacted the Protection of Women from Domestic Violence Act (PWDVA) in 2005. This legislation was aimed at providing effective protection to women who are victims of violence occurring within the family or connected to the family sphere.

(iii) State a few salient features of the Act. 
Ans: 

• The PWDVA recognizes various forms of domestic violence, including physical, emotional, verbal, and economic abuse.
• It provides for the appointment of Protection Officers to assist women in filing complaints and obtaining legal aid.
• The Act allows women to seek residence orders, monetary relief, and protection orders against the abuser.
• It extends its provisions to women in live-in relationships, ensuring broader protection.

Q3. You are a legal studies teacher in a school. You have been asked to conduct a session relating to sexual harassment at workplace. In the session you have to make teachers and staff aware about the laws relating to sexual harassment and various guidelines passed by the Parliament to protect women against violence for prevention of the same citing relevant judgments and acts. Write an article or create a presentation covering all the points/ issues in the session relating to sexual harassment at workplace.
Ans: This session aims to educate teachers and staff about the laws relating to sexual harassment at the workplace, focusing on the Protection of Women from Sexual Harassment Act, 2013 (POSH Act), and relevant guidelines and judgments.
Key Legal Frameworks

1. CEDAW
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is an international treaty adopted by the United Nations General Assembly in 1979, aimed at eliminating discrimination against women in all forms.
2. PWDVA
The Protection of Women from Domestic Violence Act (PWDVA) was enacted in 2005 to protect women from domestic violence. It provides various support services including:

• Protection orders
• Residence orders
• Monetary relief
• Custody orders

3. Vishakha Guidelines
In the landmark case Vishakha & Others v. State of Rajasthan, the Supreme Court laid down guidelines to address sexual harassment at the workplace, which include:

• Employers must establish a policy against sexual harassment.
• Complaint committees should be formed, headed by women.
• Disciplinary actions must be initiated against offenders.
• Awareness programs for female employees regarding their rights.

4. Evolution of the POSH Act, 2013
The POSH Act was enacted in response to the need for a legal framework to address sexual harassment at the workplace, following the Vishakha guidelines. It aims to create a safe working environment for women and provides a mechanism for redressal of complaints.
International and National Responses to Violence Against Women

1. United Nations Treaty
The Declaration on the Elimination of Violence Against Women (1993) defines violence against women and emphasizes the need for legal frameworks to combat it.
2. Indian Parliament's Response
In response to rising cases of domestic violence, the Indian Parliament enacted the PWDVA and the POSH Act to provide legal recourse and protection for women.
3. Salient Features of the PWDVA

• Definition of domestic violence includes physical, emotional, and economic abuse.
• Provision for protection officers to assist women.
• Legal remedies available for aggrieved women.

Conclusion
Understanding the laws and guidelines related to sexual harassment and domestic violence is crucial for creating a safe and respectful workplace. This session aims to empower teachers and staff with knowledge and resources to address these issues effectively.