Dignity is attached to the identity of a human being as a person, the problem with women in India is that they lack the basic essence of identity and are expected to survive as dependents of male members of the family (husband, father, etc.). The area where the dignity of a woman is attacked is numerous and the most common among them is sexual harassment. The Equal Employment Opportunity Commission (EEOC) has defined sexual harassment in its guidelines as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
- Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Unwelcome Behavior is the critical word. Unwelcome does not mean “involuntary.”
A victim may consent or agree to certain conduct and actively participate in it even though it is offensive and objectionable. Therefore, sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. Whether the person in fact welcomed a request for a date, sex-oriented comment, or joke depends on all the circumstances.
Precise quantification of sexual harassment in the workplace is problematic. When we examine the behaviours and the circumstances in which sexual harassment occurs there exists a lack of consensus regarding the definition of sexual harassment.With the increase in the number of working women a new arena has opened in which the violation of human rights and the dignity of women is challenged, that is, sexual harassment at work place. Sexual harassment at workplace is a type of employment discrimination consisting of verbal or physical abuse which is sexual in nature. At time it is just for the demonstration of power and in a patriarchal society like India women are more vulnerable to it. Each such incident results in the violation of fundamental right of gender equality and right to life and liberty. It is a clear violation of rights under Article 14, 15, and 21 of the Constitution. One of the logical consequence of such an incident is also the violation of rights under Article 19(1) (g) to practice any profession or to carry out any occupation, trade or business as the right depends on the availability of ‘safe’ working environment. Right to life means and essentially includes right to life with dignity. Further, Article 23 of the Constitution talks about the protection of women against any form of sexual exploitation. The primary responsibility for ensuring such safety and dignity was of the legislature and the legislature filled this vacuum in 2013 by passing the legislation ‘Sexual Harassment of Women at Workplace Act’.
Section 2 (n) of the Sexual Harassment of Women at Workplace Act 2013 defines sexual harassment as:
“Sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely-
(i) physical contact or advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
Right to Dignity for a woman is one of the most important Fundamental Human Right. Human Dignity is the foundation of Human Right because other rights without a right to live with dignity can’t be made enforceable. Dignity is a complex term and cannot be entrusted only by providing legal Constitutional Rights or by making other welfare policies but its proper implementation is also necessary. It is the duty of the Legislature in a free society under the rule of law to create and maintain conditions which safeguard the dignity of a person as an individual. A detailed analysis of legislative provisions and judicial precedents will apprise us in developments made by India in this regard. Further, we will also discuss the solutions to this problems promulgated by different institutions and some solutions which may further reduce sexual harassment of women at work place.
II: INTERNATIONAL CONVENTIONS
The Universal Declaration of Human Rights adopted on 10 December 1948 set out the general ban on discrimination of any kind, including on the basis of sex (article 2), and the two international Covenants adopted on 16 December 1966 likewise prohibited discrimination on that basis in general terms, it was not until the adoption by the General Assembly of the United Nations on 18 December 1979 of the Convention on the Elimination of All Forms of Discrimination against Women that the broad definition of discrimination specifically against women gained international acceptance. The worldwide instruments such as CEDAW and the Beijing Declaration gives guidelines to all states to take suitable measures to avert segregation of all forms against women and making moves to secure the honour and respect of women in the country. Article 7 of ICESCR entitles a woman to reasonable states of work and reflects that women should not be subjected to sexual harassment at place of work which may vitiate the earth. In 1993 at International Labour Organization workshop held at Manila, it was distinguished that sexual harassment of women at the work environment was a type of ‘sex oppression on women’.
These International instruments cast a commitment on India to sharpen its laws and the Courts are under commitment to see that the message of the International instruments are upheld. The Courts are under a commitment to give due respect to International Conventions and Norms for understanding residential laws all the more so when there is a void or vacuum in home law. The Apex Court in Apparel Export Promotion Council v. A.k Chopra, referred to the CEDAW Convention and stated that there is no repudiating that every occurrence of sexual harassment at place of work brings about violation of the Fundamental Right to Gender Equality and Right to Life and Liberty, the two most valuable Fundamental Rights ensured by the Constitution of India.
III: DEVELOPMENTS BY LEGISLATURE AND JUDICIARY
The predominating types of harassment at work environment incorporate the sexual longing – strength ideal model and the power theory which conceptualizes the antagonistic work environment harassment. It was extremely imperative for the courts to perceive that sexual orientation and separation can take the form of sexual harassment. The quintessential instance of badgering not only includes, male boss, who utilizes his position to request sexual favours from a less capable, female subordinate but also male subordinates working under superior females, making any form of unwelcome sexual action towards the superior female which is generally out of frustration or superiority complex. Sexual harassment at the workplace, as an issue, captured the collective consciousness of working women, after ShehnazMudbhatkalcase, in which the hostess for Saudi Arabian airlines refused to surrender to the sexual demands made by her superior and this action made her loose the job, but she filed a suit and fought for 11 years. In 1997, she was awarded full wages and continuity of services with effect from 1985.
Sexual harassment has generally been a well kept mystery polished by men, endured by women, supported by administration, and spoken by none.
3.1 MODESTY OF A WOMAN
Insulting modesty of woman amounts to violation in their right to life and personal liberty which is described under article 21. Since the word modesty has not been defined in IPC, according to Shorter Oxford English Dictionary the word ‘modest’ in relation to woman is “Decorous/ in manner and conduct; not forward or lewd; shame fast”. Webster’s third new International Dictionary of English Language defines modesty as “freedom from coarseness, indelicacy or in decency; a regard for propriety in dress, speech or conduct (man or woman); reserve or sense of shame proceeding from instinctive aversion in impure or coarse suggestions”.
Whoever intends to insult the modesty of any woman, utters any word, make any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that any gesture of object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both.
Apex court in Major Singh v state of Punjab established that
(I) Essence of a woman’s modesty is her sex. A female of tender age also from birth, possess modesty, which is the attribute of her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive, as for example, when the accused with a corrupt mind stealthily touches the flesh of a sleeping woman. She maybe an idiot, she may be under the spell of anaesthesia, she may be sleeping, she may be unable to appreciate the significance of the act, and nevertheless the offender is punishable under the section.
(II) When any act is done to or in the presence of woman is clearly suggestive of sex, according to common notions of mankind, that act must fall within the mischief of the section 509 of IPC.
Apex court in State of Maharashtra v. Madhukar Narayan Mardikar stated that even if the woman is one of easy virtue the also evidences by a woman cannot be thrown overboard and her modesty will be assumed as insulted.
The most well-known instance of a sexually harassed woman taking the help of the law to teach the harasser a lesson is that of RupanDeol Bajaj vs. KPS Gill wherein she was slapped on the bottom by the then DGP of Punjab, K P S Gill. Accusing him of indecent behavior, she fought an 8-year legal battle and Gill was convicted and sentenced to three months rigrous imprisonment.
Harassment at workplace by the Males is the reality of the working woman’s life. It was in August 1997, in the case of Vishaka v. State of Rajasthan &Ors., that for the first time, sexual harassment was explicitly or legally defined as an unwelcome sexual gesture or behaviour, whether directly or indirectly as sexually coloured remarks, physical contact and advances, showing pornography, a demand or request for sexual favours, any other unwelcome physical, verbal/ non-verbal conduct being sexual in nature.
The primary question in the Vishaka case was whether the State had the responsibility to protect its employees and workers. A writ petition was filed in the Supreme Court with a three-fold aim:
i. Firstly, to assist in finding suitable methods for the realization of gender equality,
ii. Secondly, to prevent sexual harassment, and
iii. Thirdly, to fill the vacuum in the existing legislation.
Sexual harassment was identified as a separate illegal behaviour. The critical factor in sexual harassment is the un-welcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant than the intent of the perpetrator, which is also to be considered. Where any of these acts are committed in circumstances under which the victim’s employment or work (whether she is drawing salary, or honorarium or voluntary service, whether in government, public or private enterprise), such conduct can be humiliating and may constitute a health and safety problem, it amounts to sexual harassment at the workplace.
Also, the duty of the employer or other responsible persons in workplaces and other institutions was clearly defined:
“It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.”
The immediate cause for filing the petition was the alleged brutal gang rape of Bhanwari Devi, a social worker in Rajasthan. The Supreme Court, in the absence of any enacted law to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment and laid down certain guidelines. These guidelines apply to both organized and unorganized work sectors and to all women whether working part time, on contract or in voluntary/honorary capacity.
The guidelines are a broad framework which put a lot of emphasis on prevention and within which all appropriate preventive measures can be adapted. One very important preventive measure is to adopt a sexual harassment policy, which expressly prohibits sexual harassment at work place and provides effective grievance procedure, which has provisions clearly laid down for prevention and for training the personnel at all levels of employment.
In the Apparel Export Promotion Council v. A.K. Chopra case the SC upheld the removal of an employee from the services on charges of sexual harassment. He repeatedly used to touch a clerk cum typist in his organization and was clearly sexually harassing her. Dr. Anand observed that “sexual harassment of a female at the place of work is incompatible with the dignity and honour of a female and needs to be eliminated and that there can be no compromise with such violations, admits of no debate.”
Apart from redressing a ten year old wrong, the SC has also done well to rule that sexual harassment is violative of two fundamental rights guaranteed by the constitution- the right to gender equality and the right to life and liberty. With this declaration, the court has put in perspective the indignity suffered by women across the country at their place of work, compounded by judicial delays and adverse verdicts in most cases.
In another case of MedhaKotiwalLele v. Union of Indiathe Court stated that the Vishaka Guidelines had to be implemented in form, substance and spirit in order to help bring gender parity by ensuring women can work with dignity, decency and due respect. It noted that the Vishaka Guidelines require both employers and other responsible persons or institutions to observe them and to help prevent sexual harassment of women. The Court held that a number of states were falling short in this regard. It referred back to its earlier findings that the Vishaka Guidelines had not been properly implemented by various states and departments in India and referred to the direction it provided on that occasion to help to achieve better coordination and implementation.
3.2 Constitutional Violations
Since sexual harassment of women at occupation spot is against the rule of sex uniformity, it is violation of the crucial right, especially Articles 14, 15 of the Constitution which worshiped standards i.e., fairness in the witness of law and denial of segregation on grounds of religion, race, standing, sex and work place. Such sexual abuse additionally defiles Article 21 of the Constitution which manages the assurance of life and individual freedom.
As Supreme Court saw in Vishaka v. State of Rajasthan, that without provincial law involving the field to figure powerful measures to check the shrewd of sexual harassment of working women at all work puts, the substance of International Conventions and standards are noteworthy for purpose of elucidation of the certification of sex equity, right to work inside human nobility in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the protection against sexual harassment apprehend in that. Any International Convention not conflicting with the major rights and in the agreement with its soul must be perused into these procurements to develop the importance and substance thereof to push the object of the protected surety. This is understood in Article 51(c) and the empowering force of the Parliament to institute laws for executing the International Conventions and standards by righteousness of Article 253 read with passage 14 of the Union rundown in seventh Schedule of the Constitution. Article 73 is likewise important as it gives that the official force of the Union should stretch out to matters concerning which Parliament has force to make laws. The official force of the Union is in this manner accessible till the Parliament sanctions enactment to explicitly give measures required to check the malice. So it might be inferred that the importance and substance of the major rights ensured in the Constitution of India are of sufficient abundance to envelop all the features of sex equity including anticipation of sexual harassment or ill-use.
The Constitution of India guarantees and assures each individual the right “to practice any profession, or to carry on any occupation, trade or business”. In spite of the fact that this right is just accessible against the state, it is a distinguished right and recognises the equal rights of women. Sexual harassment of women at work place opens her to a huge hazard and risk which puts her at a discriminatory position opposite different workers and this antagonistically influences her capability to understand her unavoidably ensured directly under Article 19(1) (g).
Sexual harassment of women at work place is a clear violation of the right to life and personal liberty. As specified in Article 21 that no individual should be denied of his life and personal liberty, right to job is a fundamental aspect of the right to life. Sexual harassment is the violation of the right to employment. For the compelling pleasure in life under Article 21 of the Constitution of India, 1950, each woman is qualified for the end of hindrances and of separation dependent upon sex. Since the ‘Right to Work’ relies on upon the accessibility of a safe working environment and the right to existence with poise, the risks postured by sexual harassment need to be uprooted for these rights to have a significance. The prelude of the Constitution of India mulls over that it will secure to all its nationals “Equity of status and chance.” Sexual harassment vitiates this essential thought process of the composers of the constitution.
The idea of sex correspondence exemplified in our Constitution might be an activity in incapability if a women’s entitlement to protection is not viewed as her entitlement to security of life and freedom ensured by Article 21 of the Constitution of India. In perspective of the way that sexual harassment of women at the work environment maltreats their feeling of poise and the right to procure a living with nobility, it is totally against their basic rights and their essential human rights.
Safe working environment is truly a key for the activity of the essential right to practice any calling. The Supreme Court remarked: ‘Sex fairness incorporates insurance from sexual harassment and right to work with respect, which is an all around distinguished fundamental human right’. The basic least necessity of this right has gained worldwide acknowledgement. The court needed to depend on universal statutes and meetings because of the absence of improvement of the Indian enactments. Without legitimate enactments relating to this field, the court took upon itself, to detail compelling measures to check the shrewd of sexual harassment of working women at all work environments the substance of worldwide meetings and standards are critical with the end goal of elucidation of Articles 14, 15, 19(1) (g) and 21 of the Constitution and the protections against sexual harassment and for the definition of rules to attain this reason.
Despite the fact that sufficient activity has been taken by the administration it is insufficient because the Indian equity framework is not yet created to give equity to the bothered. The issue, accordingly, needs to be inspected in the connection of rights for foundation of a simply and impartial social request, where no one might be dealt with or abused by an alternate as unequal. No law, custom, convention, society or religious thought ought to be summoned to reason the demonstration of sexual harassment against any women.
3.3 LEGISLATIVE ADDITIONS
Section 354A and 354B were added by the Criminal Law Amendment Act, 2013. Section 354A covers sexual harassment and punishment for sexual harassment. If a man commits the following act he can be covered or punished under this section. Firstly, physical contact and advances involving unwelcome and explicit sexual overtures. In N.Radhabi v. D. Ramachandran, in 1973, when Radhabai, secretary to Ramachandran, the then State Social Welfare Minister protested against his abuse of girls in welfare institutions, he attempted to molest her; and followed by dismissing her. In 1995, the Supreme Court passed a judgment in her favour, with back pay and perks from the date of dismissal.
Secondly, a demand or request for sexual favours is covered under the new section. In another case of Apparel export promotion council v. A.K. Chopra, the bench of V.N. Khare stated that case involving charge of sexual harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of a case and not get swayed by insignificant discrepancies or narrow technicalities or dictionary meaning of the expression molestation. They must examine the entire material to determine the genuineness of the complaint. Such cases are required to be dealt with great sensitivity. Sympathy in such cases in favour of the superior officer is wholly misplaced and mercy has no relevance.
3.4 Steps involved in the Complaint Process developed by the 2013 Act
A complaint is to be made in writing by an aggrieved woman within 3 months of the date of the incident. The time limit may be extended for a further period of 3 months if, on account of certain circumstances, the woman was prevented from filing the complaint. If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death, her legal heirs may do so.
Upon receipt of the complaint, the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) must proceed to make an inquiry in accordance with the service rules applicable to the respondent or in their absence, in accordance with rules framed under the Act
The inquiry must be completed within a period of 90 days. In case of a complaint by a domestic worker, if in the opinion of the LCC a prima facie case exists, the LCC is required to forward the complaint to the police to register a case under the relevant provisions of the Indian Penal Code.
Where the ICC finds that the allegations against the respondent are proven, it must submit a report to the employer to: (i) take action for sexual harassment as a misconduct in accordance with the provisions of the applicable service rules or where no service rules exist, in accordance with rules framed under the Act; (ii) to deduct from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.
The employer must act on these recommendations within 60 days.
3.5 Scope for Conciliation and Settlement
Before initiating an inquiry, the ICC or LCC may, at the request of the aggrieved woman, take steps to arrive at a settlement between the parties. However, no monetary settlement can be made as the basis of such conciliation (Sec. 10(1)).
In case the ICC or LCC is of the view that a malicious or false complaint has been made, it may recommend that a penalty be levied on the complainant in accordance with the applicable service rules (Section – 14). However, an inquiry must be also made. Mere inability to substantiate a complaint will not attract action under this provision.
CRITICAL ANALYSIS AND PROBABLE SOLUTIONS
The experience of harassment can be overwhelming for the victim and hence at times victims may not feel comfortable going through normal channels for resolving such a problem. The cases we see are few women who have guts to come up and talk about their problems openly without any kind of fear or shame and the rest of the cases go unnoticed. The only way to solve this is to bring about a huge attitudinal change in both men and women in the country. Women should be encouraged to speak against the wrong done to them and men should also realise that the acts done by them are offence against the woman’s right and are grave in nature.
A variety of reasons are responsible for the current continuance of a culture of silence and denial which makes the legal machinery ineffective. Most women are not aware of the Supreme Court guidelines and complaints mechanisms/formal institutions of redress. The societal attitude that would blame them for provoking an incident or the loss of their reputation as a result of complaining is another major thing which refrain women form complaining. Most women who undergo the trauma of sexual harassment at workplace are in powerless positions and might fear job-related discrimination, including dismissal, and withholding of promotions and income.
The Supreme Court guidelines in Vishaka might have opened up the discourse on sexual harassment at the workplace, but it is clear that much work need to be done in the field of harassment in the working environment. There needs to be awareness about the inappropriateness of sexual harassment and the rights of women workers and the conduct rules for employees at all levels, irrespective of their positions. The passing of the Act is a new chapter in this issue but the proper implementation of the act is still very necessary for the total eradication of sexual harassment of women at workplace. Along with the Act a change in the mindset and attitude of the people is also necessary which is only possible when people realize that sexual harassment is an offense against women and the against the society as whole because any act of sexual harassment whether reported or not degrades the society.
IV: Suggestions apart from the act
- Creation of awareness:
Awareness among the women is very beneficial in curbing this problem as the women are well aware of their rights and they know that justice will be provided to the wrong done to them. Awareness not only among the women of their rights is necessary but also the awareness among the men of their duty is necessary.
- Eradication of illiteracy among women:
This will help the most as when women will be educated they will know their rights and the misconception in their mind that men are superior to women is also removed.
- Spread of Legal and Constitution literacy among women:
Since educating every woman of such a big country like India is not possible at hand a better and easier way to curb the problem of sexual harassment would be to inform them of their basic rights which are protect by the constitution and other different laws of the country.
- Free legal aid to women including free legal advice:
This will help as most of the time poor women leave their case because they cannot pay the fees and bear the expenses for instituting a suit.
- Promotion of economic independence of women.
- Psychological change of men in their attitude towards women:
This will help in resolving the problem the most as when the attitude of the men towards women will positively change the factor creating this problem will vanish and hence the problem will no longer be in existence.
- State support to victims of sexual harassment:
If the state provides support to such victims there will be an assurity and a sense of security to women that the state will be there to support them, help then and the sate will look into their matter and will provide justice to them.
- Creation of a Monitoring agency to ensure enforcement of the legislation intended to protect and promote the rights and interests of women.
- Positive contribution from the media:
Media plays a very important role is curbing the problem of sexual harassment as it can help in the implementation of most of the above suggestive solutions. Media can inform and educate men and women about their rights and duties, it a spread awareness in the society, can change the attitude of the society, at times can give voice to the grievances of a woman and can also morally support the victims. If media raises every issue of sexual harassment in a positive way the problem of sexual harassment can easily be solved.
- Installing Closed Circuit Television (CCTV) in organisations:
Along with the formation of committees in the organisations CCTV cameras can be installed which will help the situation to a very great extent. It will have an impact upon psyche of the people and people will behave properly as they are being watched and will also reduce the frivolous cases.
What is Sexual Harassment, available athttp://www.un.org/womenwatch/osagi/pdf/whatissh.pdf.
Bimrose, J, “Sexual harassment in the workplace: An ethical dilemma for career guidance practice?” British Journal of Guidance and Counselling, Vol. 32 (1),2004, pp. 109-121.
INDIAN CONSTI., article 14.
Id., at article 15.
Id., at article 21.
Id. at article 19, clause (1), sub-clause (g).
Id.at article 23.
Sexual Harassment of Women at Work Place Act, 2013, section 2, clause (n).
Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948) [hereinafter UDHR]
International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976.;[hereinafter ICESCR],International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52,
U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.. [hereinafter ICCPR]
Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981. [hereinafter CEDAW]
ICESCR, supra note 10, at article 7.
AIR 1999 SC 625.
AIR 1999 SC 1524, JT 1998 (6) SC 638
INDIAN CONSTI., article 21 as No person shall be deprived of his life or personal liberty except according to procedure established by law.
NeeraMathur v. LIC (1992) 1 SCC 286
 (1991) 1 SCC 57
Indian Penal Code, 1860, section 509.
 AIR 1991 SC 207
AIR 1996 309 1995 SCC (6) 194
Vishaka v. State of Rajasthan &Ors, AIR 1997 SCC 3011.
supra note, 24 at 8.
Id., at 10 para 27.
ANJALI KANT, WOMEN AND THE LAW 181-182(APH Publishing, New Delhi, 2008).
2012 STPL (Web) 616 SC.
INDIAN CONSTI., article 15.
Id., at article 21.
supranote 33, at article 51 clause (c).
supranote 33, at article 253 .
supra note 33, at seventh schedule para 14.
supra note 33, at article 73.
INDIAN CONSTI., article 19, clause (1), sub-clause (g).
SURINDER MEDIRATTA, HANDBOOK OF LAW, WOMEN AND EMPLOYMENT: POLICIES, ISSUES, LEGISLATION, AND CASE LAWS (Oxford University Press, New Delhi, 2009)
Narendra Kumar v. State of Haryana, JT, (1994) 2 SCC 94
Mohini Jain v State of Karnataka, AIR 1992 SC 1858
Vishaka v State of Rajasthan, AIR 1997 SC 3011.
A.S.Anand, Justice for Women-Concerns and Expressions (3rd Ed, ULP), 2008, 23.
Indian Penal Code, 1860.
(1995) SC 238.
Sexual Harassment of Women at Workplace Act,2013, chapter IV, section 9 sub-section (1).
Id., at chapter II.
supra note, 49, at chapter III.
Supra note, 49, at chapter IV, section 11(4).
Supra note, 49, at chapter V, section 13(4).
Supra note, 49, at chapter IV, section 10(1).
Supra note, 49, at chapter V, section 14.