TAMIL NADU PROHIBITION OF (HARASSMENT OF
WOMAN) ACT, 1998 THE TAMIL NADU
PROHIBITION OF (HARASSMENT OF WOMAN) ACT, 1998 [ Act No. 44 of 1998] An Act to
prohibit [1][Harassment
of Woman] in anyplace in the State of Tamil Nadu. Be
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Forty-ninth year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Prohibition
of [2][Harassment
of Woman] Act, 1998. (2) It shall be deemed to have come into force on the
30th day of July 1998. In
this Act, unless the context otherwise requires,-- (a) '"harassment" means any indecent conduct
or act by a man which causes or is likely to cause intimidation, fear, shame or
embarrassment, including abusing or causing hurt or nuisance or assault or use
of force; (b) "public service vehicle" shall have the
same meaning as defined in clause (35) of Section 2 of the Motor Vehicles Act,
1988 (Central Act 59 of 1988); (c) words and expressions used but not defined in this
Act shall have the meanings assigned to them in the Indian Penal Code, 1860
(Central Act XLV of 1860). [3][Harassment of woman] at any place is prohibited. [4][Whoever commits or participates in or abets [5][harassment
of woman] in or within the precincts of any educational institution, temple or
other place of worship, bus stop, road, railway station, cinema theatre, park,
beach, place of festival, public service vehicle or vessel or any other place
shall be punished with imprisonment for a term which may extend to [6]
Preamble - THE TAMIL NADU PROHIBITION
OF (HARASSMENT OF WOMAN) ACT, 1998
Section 4-A - Harassment death
(1) Where the death of a woman is caused by bodily
injury or occurs otherwise than under normal circumstances and if it is shown
that soon before her death, she was subjected to harassment or that in respect
of her an offence under Section 294, 354 or 509 of the Indian Penal Code
(Central Act XLV of 1860) was committed, such death shall be called harassment
death.
(2) Notwithstanding anything contained in Section 4, whoever
commits harassment death and if the act by which the death is caused,
(i) is done with the intention of causing death or of
causing such bodily injury as is likely to cause death, shall be punished with
imprisonment of either description for a term which may extend to imprisonment
for life and with fine which shall not be less than fifty thousand rupees;
(ii) is done with knowledge that it is likely to cause
death but without any intention to cause death or such bodily injury as is
likely to cause death, shall be punished with imprisonment of either
description for a term which may extend to ten years and with fine which shall
not be less than fifty thousand rupees;
(iii) is rash or negligent, shall be punished with
imprisonment of either description for a term which may extend to ten years and
with fine which shall not be less than twenty --five thousand rupees.
Section 4-B - Harassment suicide
(1) If any woman commits suicide and it is shown that
soon before her death, she was subjected to harassment by any person or that in
respect of her an offence under Section 294, 354 or 509 of the Indian Penal
Code (Central Act XLV of 1860) was committed, such suicide shall be called the
harassment suicide and such person shall be deemed to have abetted the suicide.
(2) Notwithstanding anything contained in Section 4,
whoever abets harassment suicide shall be punished with imprisonment of either
description for a term which may extend to ten years and with fine which shall
not be less than fifty thousand rupees.
Section 4-C - Presumption as to harassment death and abetment of harassment suicide
When
the question is whether any person had caused harassment death or abetted
harassment suicide of a woman, the Court shall, unless the contrary is proved,
presume that such person had caused the harassment death or abetted the
harassment suicide, as the case may be, when it is shown that before her death,
such woman had been subjected to harassment or, in respect of her an offence
was committed under Section 294, 354 or 509 of Indian Penal Code (Central Act
XLV of 1860) and bodily injury was caused in furtherance of such harassment or
commission of the said offence by or at the instance of that person and it
resulted in death or suicide, as the case may be, of that woman.
Section 5 - Responsibility of management of any precinct
(1) Any person who is incharge of educational
institution, temple or other places of worship, cinema theatre or any other
precinct shall,-
(a) take such steps as he may deem fit to prevent [7][harassment
of woman] within the precinct;
(b) on a complaint made by an aggrieved person, give
information to the police about the [8](harassment
of woman)
(2) Any person who fails to take action under
sub-section (1) shall be liable to fine which may extend to two thousand rupees.
Section 6 - Duty of crew in public service vehicle
[9][(1) The crew of a public service vehicle or vessel
shall take such steps as they may deem fit to prevent harassment of woman in
the vehicle or vessel. Where such harassment is committed in public service
vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved
person, take such vehicle to the nearest police station and give information to
the police.]
(2)?? ?Any crew who fails to take steps under
sub-section (1) shall be liable to fine which may extend to one thousand
rupees.
Section 7 - Deemed abetment
(1) Where any vehicle or vessel is used in the
commission of any offence punishable under Section 4, 4-A or 4-B, the driver of
such vehicle or vessel shall, unless the contrary is proved, be deemed to have
abetted the offence under Section 4, 4-A or 4-B, as the case may be, and shall
be punished with imprisonment for a term which may extend to three years and
with fine which shall not be less than five thousand rupees.
(2) The [10][vehicle
or vessel] specified in sub-section (1) shall be confiscated unless the owner
of such [11][vehicle or vessel] proves
that such vehicle was used in committing (harassment of woman) without his
knowledge.
Section 7-A - Order to pay compensation
The
Court may, when awarding a sentence under Section 4, 4-A or 4-B, order the
accused to pay, by way of compensation, such amount as may be specified in the
order, to the person who has suffered any loss or injury or disability or
mental agony by reason of the act which the accused person has been so
sentenced or to her legal heir.
Section 8 - Operation of other laws not affected
The
provisions of this Act shall be in addition to and not in derogation of, any
other law for the time being in force.
Section 9 - Power to make rules
(1) The State Government may make rules for carrying
out the purposes of this Act.
(2) All rules made under this Act shall be published in
the Tamil Nadu Government Gazette and unless they are expressed to come into
force on a particular day shall come into force on the day on which they are so
published.
(3) Every rule made under this Act shall, as soon as
possible after it is made, be placed on the table of the Legislative Assembly,
and if, before the expiry of the session in which it is so placed or the next
session, the Assembly makes any modification in any such rule, or the Assembly
decides that the rule should not be made, the rule shall thereafter have effect
only on such modified form or be of no effect, as the case may be, so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
Section 10 - Repeal and saving
(1) The Tamil Nadu Prohibition of Eve-teasing
Ordinance, 1998 (Tamil Nadu Ordinance 4 of 1998) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the ordinance shall be deemed to have been done or taken
under this Act.
[1] . The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[2] The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[3] The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[4] The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[5] The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[6] These words were substituted for 'one
year or'.
[7] The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[8] The words 'eve-teasing' were omitted
and the words 'harassment of woman' substituted as per Act 39 of 2002.
[9] Amended as per Act 39 of 2002.
[10] The word 'vessel' was substituted by
the words 'vehicle or vessel' as per Act 39 of 2002.
[11] The word 'vessel' was substituted by
the words 'vehicle or vessel' as per Act 39 of 2002.