Women’s Day: Fundamental women rights in India

Summary

This article provides a detailed analysis of the rights of women in India. The report mainly focuses on the fundamental rights of women in India as provided by the Constitution of India. It emphasizes the aspect of how women in India are unaware of the fact that they have certain rights and that they should fight for the same.

Introduction

In India, it is often being seen that women are not aware of their rights, and they remain recessive in society. However, a conscious woman aware of her rights can judge right and wrong.

There is no scarcity of laws for women in India. The Constitution of India provides exclusive and particular rights to women of the country concerning their development and protection. Further, the Criminal Procedure Code (CrPC), Indian Penal Code (IPC), and the Evidence Act also aid women and their safety.

The Constitution of India provides some special laws and its practical implementation of women’s rights against harassment, inequality, abuse, violence etc. For the same, the Government of India has introduced some of the below-mentioned Acts;

1. Protection of Women from the Domestic Violence Act, 2005
2. Immoral Traffic (Prevention) Act, 1956
3. Dowry Prohibition Act, 1961
4. Indecent Representation of Women (Prohibition) Act, 1986
5. The Hindu Marriage Act, 1955
6. Sexual Harassment of Women at Workplace- Act,2013 (Prevention, Prohibition and Redressal)

Constitution of India provides the following women rights specifically to the women in India;

1. Right to Maintenance
2. Right to Dignity and Decency
3. Women Rights at Workplace
4. Right against Dowry
5. Right to Equal Pay
6. Right against Domestic Violence
7. Right to Free Legal Aid
8. Right of Private Defense

Right to Maintenance

The term “Maintenance” includes the necessities required to live, such as food, clothes, shelter, education, healthcare facilities etc. It is the right for a married woman to get maintenance from her spouse or husband after the divorce until she remarries another person. Maintenance depends on the circumstances, husband’s income, and standard of living of the wife.

Section 125: Code of Criminal Procedure, 1973 states that a husband must maintain the divorced wife. However, if the wife is involved in adultery or refuses to live with her husband without a reasonable cause or when the husband and wife live separately by mutual consent, maintenance is not obligatory. Under Section 125, women in India have the right to claim maintenance from their husbands irrespective of their religion or caste.

Apart from that, The Hindu Marriage Act, 1955 also provides the facility to a Hindu married woman to get maintenance.

Right to Equal Pay

India also concentrates on neutral laws irrespective of gender. This right provides an opportunity for a woman to get the same pay as a man for the same work. According to the provisions of The Equal Remuneration Act, a male and female both are eligible for the same compensation for the same position. It makes sure that payment of equal remuneration to both men and women for the same or similar nature of work in a workplace. There will be no discrimination based on gender in the recruitment context and service conditions.

Property Rights of Women

We have been living in a predominantly patriarchal society, and giving women the right to property is a new and recent concept. After the amendment of 2005, the Hindu Succession Act, women have equal rights, shares and liability in the property of her father. Being NRI property lawyers, our main job is to make our clients understand their legal rights on the Ancestral properties and their respective shares. The very first query our clients have is that whether they are entitled to any share in such property. Specially after the Amendment Act, 2005, more and more females want their share in the father’s property.

Right to Dignity and Decency

Dignity and Decency are considered the personal jewels of a woman. Nobody can snatch it or disrobe the modesty of a woman. The same is regarded as a sin in India, and specific laws entail punishment.

Every woman has the right to live free of fear, violence, discrimination, dignity and coercion. In India, the law also respects the dignity and modesty of every woman living in the country. The Indian Penal Code provides the details of punishment for the offences committed related to hurting the Decency and modesty of a woman. The following are some of the relevant Sections offered by The Indian Penal Code for indecency against women;

For Sexual Harassment: Section 354A

Assault with an intention to disrobe a woman: Section 354B

To outrage the modesty of a woman: Section 354

Voyeurism: Section 354C

Stalking: Section 354D

If a woman is accused of an offence and is arrested, she must at all times be dealt with Decency. Only a woman police officer must make the search and arrest. Also, her medical examination must be carried out by a woman medical officer only or under a woman medical officer’s supervision.

In rape cases, it is also practicable that a woman police officer must register the First Information Report (FIR). Further, a woman cannot be arrested at night or after sunset. However, an exception exists if special permission is given by a woman police officer from the Magistrate.

Right against Domestic Violence

Every woman has the right against domestic violence under the Protection of Women from Domestic Violence Act 2005. Domestic violence includes physical abuse and sexual, mental, and economic abuse.

Thus, if a daughter, wife or live-in partner face any of the abuse mentioned above, it will be covered under the provisions of the Domestic Violence Act. The same can be claimed for legal remedies as per the Act. A woman can also contact the women helpline number, i.e., 1091 and register a complaint accordingly.

The women helpline will then inform the police of your relevant jurisdiction. Also, a woman can approach the Women’s Cell in the specified area with the help of the internet by Google search. The Women’s Cell provides special services to a woman in need and lodges the complaint before Magistrate after drafting the complaint properly.

It is to be noted that Domestic Violence is a cognizable offence, and in such cases, the police must register an FIR and proceed with further investigation. However, if the police refuse to register an FIR or fail to lodge an FIR, then a woman can write a letter to the Superintendent of Police stating the details of the case and post it to the relevant address.

In case the Superintendent of Police feels that the information provided discloses the aspect of a cognizable offence. Then, they may investigate the matter further or direct one of his subordinate police officers to lodge a case and investigate further. But, on the other hand, suppose the Superintendent of Police denies doing so. In that case, a woman can also directly approach the Magistrate of the relevant jurisdiction and move the compliant under the provisions of Section 12 of the Domestic Violence Act with the help of a lawyer to claim relief against the domestic violence, which can be compensation, custody or protection.

The Indian Penal code protects the woman facing Domestic Violence under Section 498A by punishing the abusing husband or his relatives with imprisonment of up to 3 years and a fine.

Women Rights at Workplace

According to the laws of India, a workplace having more than 30 female employees is bound to provide facilities for feeding and care of the children. Further, the Supreme Court of India and the Government of India had also ensured women’s safety in the workplace.

In the leading case of Vishakha v. State of Rajasthan, the Hon’ble Supreme Court of India had provided rules for protecting women from any sexual harassment at the workplace. Subsequently, the Government of India in the year 2013 enacted separate legislation for the same-named as The Sexual Harassment Act,2013 of Women at Workplace (Prevention, Prohibition and Redressal)

Thus, if a woman is being asked for any sexual favour or making sexual remarks, touched inappropriately, shown pornography, etc., all these acts will come under Sexual Harassment. In such a case, a woman must file an internal complaint in the department at the workplace. The employer has to provide it at every office or branch having ten or more employees. The Indian Penal Code also punishes sexual harassment under the provisions of 354 with imprisonment of up to 3 years.

Right against Dowry

The term “Dowry” means taking and giving dowry by the bride or bridegrooms or by the bride’s parents at the time of marriage or before marriage. It is punishable under the provisions of the Dowry Prohibition Act, 1961. According to this Act, the definition of “Dowry” is any valuable security or property agreed to be given or given already either directly or indirectly by one party to another. However, it does not include dowry in the case of persons on whom the provisions of Muslim Personal Law (Shariat) is applicable. If a person is giving or taking or abetting to give or take dowry, minimum imprisonment of 5 years and a fine will be imposed.

Right to Free Legal Aid

When a woman is aggrieved, she is entitled to claim legal service free of cost from the Authorities of Legal Services recognized under the provisions of Legal Services Authorities Act, 1987, irrespective of the fact that the woman can afford the cost of the legal services on her own. It is to be noted that there are district, state and national legal services constituted at the district, state and national levels. The term “Legal Service” includes providing assistance in the conduct of the case or any other legal proceeding before the tribunal or court or authority advising on legal matters.

Right of Private Defense/ Self-Defense

As the name suggests, it is a defensive right provided to a woman. A woman can get hurt, cause hurt, even death while protecting her body or another person’s body from any such assailant. Of course, a woman can also kill the assailant but is covered under this law.

When a woman feels that the assailant is about to commit rape or cause death, trying to kidnap or abduct or attempt to molest her or molest a woman, then under this right, the woman can kill such assailant, the law of India will protect her.

Conclusion

To sum up, the laws of India protect women very diligently and effectively. The above discussed are eight common or basic Rights of women, and women in this country should be aware of them. When a person is aware of the laws and has their protection, no other weapon is required to get justice. The laws enacted themselves will act as a weapon when there is a violation of any of a woman’s rights mentioned above. However, it must be remembered that awareness and knowing the Rights will make the woman of this country smart and brave. It is not just about knowing the Women Rights but also about fighting against the injustice that a woman is facing, whether at home, in society, or at the workplace. Thus, a woman has always to decide if she wants to exercise her women rights or become a victim.