Theme: Labour & Employment

376 of crpc

We understand your question to mean, ‘What does the law say about intercourse with employees in a fiduciary relationship?’ Based on this understanding, we can tell you that Section 376C of the Indian Penal Code speaks of sexual intercourse by a person in authority.

The law provides punishment for any person who abuses his position or fiduciary relationship (relationship of trust) to convince or seduce any woman to have sexual intercourse with him. The woman could be in his custody, under his charge or present in the premises. Please note that here, sexual intercourse does not refer to rape, which is dealt with as a separate offence under Section 375 of the Indian Penal Code.

The person who persuades the woman to have sexual intercourse could be:

  1. a) in a position of authority or in a fiduciary relationship; or 
  2. b) a public servant; or 
  3. c) superintendent or manager of a jail, remand home, other place of custody, or a women’s or children’s institution; or 
  4. d) on the management or staff of a hospital. 

In these cases, the person in authority can be punished with imprisonment for five to ten years, along with a fine.

Is whistling to a woman sexual harassment?

Yes, whistling at a woman on the street is a crime of sexual harassment. The punishment for making sexual gestures is jail time between minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

Can doctors advertise their services?

No, doctors cannot advertise their services. Direct or indirect solicitation of patients by doctors is considered unethical. Doctors should not indulge in any form of advertisement that leads to self-promotion. For the same reason, they cannot put their own picture or self-promotional material on the letter head or the sign board of the clinical establishment.(( Section 6.1.1 and 6.1.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.))

What are the qualifications of a registered medical practitioner?

Doctors can be designated as registered medical practitioners if:

  • They hold recognized medical qualifications(( Section 2(h), Indian Medical Council Act, 1956.))
  • They have completed an undergraduate medical course in a college or university recognized by the State government and registered with the Indian Medical Council.(( First Schedule, Indian Medical Council Act, 1956.)) A list of recognized colleges and universities can be found here.
  • They are enrolled with the State Medical Register(( Section 15, Indian Medical Council Act, 1956.))
  •  or the Indian Medical Register(( Section 21, Indian Medical Council Act, 1956.)) and received a registration number

If the medical degree has been obtained from a foreign university, an Indian citizen possessing primary medical qualifications awarded by a foreign medical institution must clear a screening test(( Rule 3, Screening Test Regulations, 2002.)), in order to be registered with either the Medical Council of India or State Medical Council.(( Second Schedule, Indian Medical Council Act, 1956.)) You can find a list of such foreign universities here.

Can I get leaves from my workplace if I had a miscarriage, abortion or a tubectomy operation?

If you have had a miscarriage or an abortion, then upon showing proof of the same, you will be entitled to leave and payment at the rate of maternity benefit for 6 weeks from the date of the miscarriage or abortion. If you have had a tubectomy operation then you get leave with wages for two weeks from the date of your operation. If you have suffered from an illness due to a miscarriage, abortion or tubectomy operation, you will get an additional month of leave with wages(( Sections 9, 9A and 10, The Maternity Benefit Act, 1961.)).

Can the government exercise any investigative powers under this law to find out who employs and maintains insanitary latrines, under the law on manual scavenging?

The government can appoint ‘Inspectors’ who have the powers to:

  • Test latrines.
  • Search premises where manual scavenging might be taking place.
  • Examine people found at such places.
  • Ask questions and get information about contractors or people employed as manual scavengers.
  • Seize documents such as copies of registers, records of wages or notices.

Not showing documents or giving information to the inspector when asked can be considered a crime under the general criminal law. The law on criminal procedure in relation to search or seizure under a warrant would apply to searches and seizures conducted by such inspectors.

What happens to manual scavengers who have signed an agreement of employment?

If anyone had signed an agreement with manual scavengers to employ them to clean up certain insanitary latrines, this agreement would be considered as having no legal effect. This does not mean that people who had been employed under the agreement will be jobless – the employer has a duty to employ them in another job and pay the same salary at a minimum.