Legal Rights Of Women IN INDIA

“Any nation that does not learn to place women on the same pedestal of respect and dignity as men, will never in a thousand years attain greatness.”

                                                                                                                 ~Abhijit Naskar

There is no dearth of laws for women in India but there is surely a lack of awareness amongst women about their legal rights in our country. 

Indian laws provide for protection and development of women in Indian society. The need of the hour is that every women must be aware about her legal rights, some of these include:

• Right against domestic violence and dowry demand: A woman is protected against domestic violence under the special law namely Protection of Women from Domestic Violence Act enacted to safeguard woman against physical, mental, sexual and economic abuse. The Indian Penal Code also provides protection to woman against cruelty by husband and his relatives under section 498A. Giving and taking of dowry by bride or bridegroom or by their parents at, before or after the marriage is penalized by Dowry Prohibition Act, 1961.

• Right to get equal pay for equal work: The Equal Remuneration Act provides for the equal pay. It ensures payment of equal remuneration to both men and women workers for the same work or work of a similar nature.

• Right to dignified life: Law completely respects women’s dignity and modesty. The Indian criminal law provides for the punishments for offences committed against women like Sexual Harassment (Sec. 354A), assault with intent to disrobe her (Sec. 354B) or to outrage her modesty (Sec. 354), Voyeurism (Sec. 354C), Stalking (354D) etc. Also the victims of sexual abuse have the right to keep their identity anonymous. 

• Right against workplace harassment: The Sexual Harassment of Women at workplace Act gives a female the right to file a complaint against any kind of sexual harassment at her place of work.

• Women have the right to get free legal aid: Under the Legal Services Authorities Act, female victims have the right to get free legal aid or help from the Legal Services Authority who has to arrange a lawyer for her.

• Right against arrest: Unless there is an exceptional case on the orders of a first class magistrate, a woman cannot be arrested after sunset and before sunrise. The woman can only be arrested by a female police officer. The law also states that the police can interrogate a woman at her residence only in the presence of a woman constable and family members or friends.

• Women have the right against indecent representation: Depiction of a woman's figure or any body part in any manner that is indecent, derogatory, or is likely to deprave, corrupt or injure the public morality or morals, is a punishable offence.

• Equal Share in the Property: The 2005 amendment of the Hindu Succession Act put an end to the years-long discrimination against the daughters. The daughters now become coparceners by birth. It means they will get an equal share in their ancestral property as the son will get.

• Right to Get Maternity Leave: The Maternity Benefit Amendment Act, 2017, amends the Maternity Benefit Act, 1987. This new amendment provides:

• 26 weeks maternity leaves for the first 2 children.

• 12 weeks maternity leaves for more than 2 children.

• 12 weeks maternity leaves for such women who adopt children below the age of 3 months.

• Right of Stridhan: Stridhan includes any property which a woman receives during her lifetime, including:

• all movable and immovable properties,

• gifts received before, at the time or after the marriage,

• gifts received during childbirth,

• and it also includes her personal earnings.

As per section 14 of the Hindu Succession Act, a       Hindu woman is the absolute owner of Stridhan, and no one can claim any share over it.

• Right to maintenance: Section 125 of the Code of Criminal Procedure, 1973, puts an obligation on the husband to maintain his wife even if she is divorced wife till the time she remarries except when the wife lives in adultery or refuses to live with her husband without reasonable cause or when both of them live separately by mutual consent. 

Indian law protects and safeguards women rights with the help of well enacted laws but these rights can only be exercised if women become aware and attain power to stand up for themselves and for others. 

Hence I would conclude by saying that:

“The thing women have yet to learn is nobody gives you power. You just take it.”

Know your rights and fights for them…

Tabish Sarosh & Associates law firm actively supports in terms of free legal assistance and legal help to women whose legal rights are violated and always take stand for the legal rights of women. 

Contact us at 9971695444, available 24 hours for free legal assistance.

Visit our website

https://tabishsaroshassociates.org/