Laws to Protect Rights of Women in India


Posted On : October 11, 2022
Laws to Protect Rights of Women in India
In India, there may be no paucity of legal guidelines for girls. Our Constitution offers distinct rights to girls for his or her safety and development. Furthermore, IPC, CrPC and Evidence Act also are lively in terms of girls and their safety. We have a few unique legal guidelines as nicely for powerful implementation of the rights of girls in opposition to abuse, Harassment, violence, inequality etc. in opposition to them together with the Protection of Women from Domestic violence Act, 2005; the Immoral Traffic (Prevention) Act, 1956; the Dowry Prohibition Act, 1961; the Indecent Representation of Women (Prohibition) Act, 1986; the Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013; the Hindu Marriage Act, 1955 etc.
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There are many laws protecting women in India. For the protection and advancement of women, our constitution grants them unique rights. In addition, the IPC, CrPC, and Evidence Act all play a role in the protection of women. The Protection of Women from Domestic Violence Act, 2005; the Immoral Traffic (Prevention) Act, 1956; the Dowry Prohibition Act, 1961; the Indecent Representation of Women (Prohibition) Act, 1986; the Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013; and the Hindu Marriage Act are some of the additional special laws we have in place to effectively implement the rights of women against abuse, harassment and violence.


Protection of Women's Rights in India

Right to Maintenance

The needs of life, such as food, clothing, shelter, education, access to healthcare, and other necessities, are included in maintenance. Even after a divorce, a married woman is entitled to maintenance from her husband as long as she doesn't remarry. The wife's style of living, as well as the husband's financial situation and circumstances, determine maintenance. Except when the wife is living in adultery, refuses to remain with her husband without good reason, or when both of them live apart with mutual consent, the husband is required by Section 125 of the Code of Criminal Procedure, 1973, to support his divorced wife. Any Indian woman, regardless of caste or religion, may request maintenance from her husband under the aforementioned law.

The Dissolution of Muslim Marriage Act, however, exclusively applies to Muslim women.


Right to Equal Pay

Our laws are now gender-neutral. Equal remuneration for equal effort is due to both men and women. The same is provided for by the Equal Remuneration Act. Equal compensation for equal work—or work of a similar nature—is guaranteed for both male and female employees. There won't be any gender-based discrimination in the context of hiring practises or working conditions.


Right to Dignity and Decency

The Hindu Marriage Act of 1955 also provided facilities, but only for Hindu women. The personal jewels of women are dignity and decency. Anyone who attempts to kidnap and disrobe her modesty is seen as a sinner, and the law very likely mandates punishment for such behaviour. Each and every woman has the right to live in dignity, free from intimidation, compulsion, violence, and prejudice. Law very much upholds the modesty and dignity of women. The criminal code outlines the penalties for offences against women such as sexual harassment (Section 354), assault with the purpose to strip her naked or violate her sense of modesty (Section 354), voyeurism (Section 354), stalking (354D), etc.

In the event that the lady herself is charged with a crime and taken into custody, she acts properly and is treated decently. Her arrest, search, and medical examination should all be carried out either directly under the supervision of a woman medical officer or with careful adherence to decency by a woman medical officer. As much as possible, a female police officer should file the FIR in rape cases. She also cannot be detained by a female police officer without the specific consent of the Magistrate throughout the hours of darkness and light.


Right Against Domestic Violence

Since the Protection of Women from Domestic Violence Act was passed in 2005, every woman has a legal right to protection from domestic violence. Domestic violence covers not only physical but also psychological, sexual, and financial abuse.Therefore, if you are a daughter, wife, live-in partner, and you experience any of these abuses from your partner, husband, or one of his relatives, or from someone who is biologically or adoptively related to you and lives or has lived with you in a shared household, you are well covered by the provisions of the Domestic Violence Act and may seek out the various remedies it offers. To file a complaint, call the women's helpline at (800) 1091. They'll let the police know about your situation. You can also contact the local women's cell, which you can discover via Google. They offer specific services to these ladies and assist them in presenting their claims to the Magistrate after properly preparing their complaints. You can also go to the police and file a report.

Since domestic violence is a cognizable offence, the police are required to file a FIR and conduct an investigation. If the police refuse to do so, you may write a letter to the superintendent of police outlining your situation and post it. If the SP determines that the information discloses a cognizable offence, he may either conduct his own investigation or instruct a subordinate police officer to file the case and conduct the investigation. If SP rejects you as well, you can go straight to the Magistrate in charge of your local area and file your application in accordance with Section 12 of the Domestic Violence Act with the aid of a lawyer to obtain the protection, custody, and compensation orders you need to stop domestic violence.

Sec. 498A of the Indian Penal Code protects women who are victims of domestic violence by penalising the husband or his family members with up to three years in prison and a fine.


Rights of Women at Workplace

You are entitled to a women's restroom where you work. Facilities for child care and feeding must be provided in workplaces with more than 30 female employees. Additionally, the Supreme Court and the government have taken steps to guarantee the security of women at work. The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013, was passed by the government in 2013 as a result of the Hon. Supreme Court's exclusive instructions for protecting women from workplace sexual harassment in Vishakha v. State of Rajasthan.

Therefore, if anyone at your place of employment solicits your sexual favours, makes sexually suggestive comments, whistles or sings obscene songs while staring at you, touches you inappropriately, or displays pornography, all of these actions constitute sexual harassment, and you may report them to the internal complaints committee, which the employer is required to establish at each office or branch with 10 or more employees. A Local Complaints Committee must be established by the District Officer in each district and, if necessary, at the block level. In addition, the IPC punishes sexual harassment under section 354A by imposing a prison sentence of one to three years.


Right Against Dowry

The Dowry Prohibition Act of 1961 makes it illegal for brides, grooms, or their parents to give or accept dowries during, prior to, or after a marriage. The definition of "dowry" in the Act is any property or valued security given or agreed to be given by one party to the other, directly or indirectly, but it excludes dower or mahr in the case of individuals to whom the Muslim Personal Law (Shariat) applies. If you provide, take, or help someone else give or take dowry, you will be punished with at least five years in jail and a Rs. 15,000 fine.


Right to Free Legal Aid

Whether or whether you can afford legal representation on your own, if you are a woman who has been wronged, you have the right to request free legal services from the legal services authority authorised under the Legal Services Authorities Act, 1987. Authorities for legal services have been established at the district, state, and national levels, respectively. Legal services range from providing advice on legal issues to assisting with cases or other legal actions before any court, tribunal, or authority.


Right of Private Defense

It is a right of defence. When defending your body or the body of another person from the attacker, you run the risk of causing serious harm, severe harm, or even death. However, there are only a few situations in which killing the attacker is permitted without triggering legal consequences and penalties, such as:


If you believe your attacker is about to kill you, seriously injure you, rape you, kidnap you, lock you in a room, or throw or attempt to throw acid at you, you are allowed to kill them and the law will defend you.


Conclusion

Women are well protected under Indian law. Every Indian woman should be aware of these 8 fundamental rights for women. A person who understands the law does not require a weapon. He is the most powerful individual because he uses the law itself as a weapon. Knowing your rights makes you wise and moral. You can only fight against any injustice done to you at home, at work, or in society if you are informed of your rights. So, darling women, here's the gist:


Because when one woman stands up for herself, she speaks up for all women, therefore don't be oppressed, know your rights, and assert them.



Written By:
Anik

Anik

Bangalore

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