TAMIL NADU PROHIBITION OF HARASSMENT OF WOMAN
(AMENDMENT) ACT, 2002 THE TAMIL NADU
PROHIBITION OF HARASSMENT OF WOMAN (AMENDMENT) ACT, 2002 [Act No. 39 of 2002] [09th November, 2002] An Act to amend the
Tamil Nadu Prohibition of Eve-teasing Act, 1998. BE
it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-third Year of the Republic of India as follows:-- (1) This Act may be called the Tamil Nadu Prohibition
of Harassment of Woman (Amendment) Act, 2002. (2) It shall come into force on such date as the State
Government may, by notification, appoint. In
the Tamil Nadu Prohibition of Eve-teasing Act, 1998 (Tamil Nadu Act 44 of 1998)
(hereinafter referred to as the principal Act), in the long title, for the
expression "eve-teasing", the expression "harassment of
woman" shall be substituted. In
section 1 of the principal Act, in sub-section (1), for the expression
"Eve-teasing", the expression "Harassment of Woman" shall
be substituted. In
section 2 of the principal Act, for clause (a), the following clause shall be
substituted, namely:-- "(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.". In
section 3 of the principal Act,- (1) in the marginal heading, for the expression
"eve-teasing", the expression "harassment of woman" shall
be substituted; (2) for the expression "Eve-teasing", the
expression "Harassment of woman" shall be substituted. For
section 4 of the principal Act, the following section shall be substituted,
namely:-- "4. Penalty for harassment of woman.-- Whoever
commits or participates in or abets 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 three years and with fine which
shall not be less than ten thousand rupees.". After
section 4 of the principal Act, the following sections shall be inserted,
namely:-- "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. 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. 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. In
section 5 of the principal Act, in sub-section (1), for the expression "eve-teasing"
in two places where it occurs, the expression "harassment of woman"
shall be substituted. In
section 6 of the principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:-- "(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.". In
section 7 of the principal Act,-- (1) for sub-section (1), the following sub-section
shall be substituted, namely:-- "(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) ?in
sub-section (2),-- (a) for the expression "vehicle" in three
places where it occurs, the expression "vehicle or vessel" shall be
substituted; (b) for the expression "eve-teasing", the
expression "harassment of woman" shall be substituted. After
section 7 of the principal Act, the following section shall be inserted,
namely:-- "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 for which the accused person has been so
sentenced or to her legal heir.
Preamble - TAMIL NADU PROHIBITION OF
HARASSMENT OF WOMAN (AMENDMENT) ACT, 2002PREAMBLE