Indian society has traditionally been patriarchal, where men hold more power and authority than women. This power imbalance has led to women being marginalized and deprived of their rights, making them more vulnerable to abuse and violence. However, over the years, there has been a growing awareness of the need to protect women’s rights and ensure their safety, leading to the enactment of various laws aimed at this purpose. Check the table below to get an overview of laws protecting women’s rights in India!
Laws Protecting Women’s Rights in India
India has a long history of patriarchal traditions, and women have often faced discrimination and oppression in various forms. However, over the years, the Indian government has introduced several laws and policies to protect women’s rights and ensure gender equality. These laws aim to address issues such as violence against women, unequal pay, discrimination in the workplace, and more. While there is still a long way to go in terms of achieving true gender equality, the existence of these laws is a positive step towards empowering women and promoting a more equitable society. In this article, we will explore the laws protecting women’s rights in India and their significance in the ongoing struggle for gender equality. India has several laws in place that protect women’s rights and promote their safety. Some of the major laws are:
Laws Protecting Women’s Rights in India – The Protection of Women from Domestic Violence Act (2005)
This act was enacted to protect women from violence and abuse within their homes. It recognizes a woman’s right to live a life free from violence and abuse and provides various forms of protection and relief to women facing domestic violence.
Laws Protecting Women’s Rights in India – The Dowry Prohibition Act (1961)
This act prohibits the giving or taking of dowry, which is a practice prevalent in some Indian communities, where the bride’s family is expected to give money or gifts to the groom’s family. This act aims to prevent the exploitation of women by their in-laws and to promote gender equality.
Laws Protecting Women’s Rights in India – The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (2013)
This act aims to protect women from sexual harassment at their workplace and provides a mechanism for redressal of complaints. It requires all organizations to have a committee in place to deal with complaints of sexual harassment and to ensure a safe working environment for women.
Laws Protecting Women’s Rights in India – The Medical Termination of Pregnancy Act (1971)
This act allows women to terminate a pregnancy under certain circumstances, such as when the pregnancy poses a risk to the woman’s life or health or when the pregnancy is a result of rape or failure of contraceptive measures. This act empowers women to make decisions about their bodies and reproductive health.
Laws Protecting Women’s Rights in India – The Maternity Benefit Act (1961)
This act provides for maternity benefits, such as paid leave, to women who are pregnant or have recently given birth. This act aims to ensure that women are not discriminated against in the workplace due to their pregnancy and to support them during this period.
The Importance of Women’s Protection Laws in India
Promoting Gender Equality with Women Protection Laws in India
The laws aim to promote gender equality by providing equal rights and opportunities to women. They help to break down the traditional gender roles and power imbalances that have been prevalent in Indian society for centuries.
Ensuring Women’s Safety with Women Protection Laws in India
The laws protect women from various forms of abuse and violence, such as domestic violence, sexual harassment, and dowry harassment. They provide a mechanism for redressal of complaints and ensure that the perpetrators are held accountable for their actions.
Empowering Women with Women Protection Laws in India
The laws empower women to make decisions about their bodies, reproductive health, and personal lives. They give women the confidence to stand up against discrimination and abuse and to assert their rights.
The laws protecting women in India are a crucial step towards promoting gender equality and ensuring women’s safety. However, despite the existence of these laws, there is still a long way to go in terms of achieving true gender equality and eradicating violence against women. There is a need for greater awareness and education about women’s rights and the importance of gender equality. Furthermore, there is a need for stricter enforcement of these laws and for the creation of a safe and supportive environment for women to report instances of abuse or violence.
Laws to Protect Rights of Women in India
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:
