Today women are registering their presence in every field. The impression of his steps is present not only from the ground to the sky but also in space. As her stature has increased, now she wants to know about her rights and the laws related to it. This is not only for successful women, but all should know women’s rights in India. This article is focus on the women’s rights in India. Many crimes are not known or are not reported, simply because women are not aware of their rights.
To fight against the increasing number of crimes, it is essential that women know about their legal rights. The Indian Constitution provides many rights to women. In this I give a list of all rights here for every girl and woman should be aware. Indian constitution provides legal right for women.
LEGAL RIGHTS FOR WOMEN IN INDIA
1. Right to Free Legal Aid
As a woman, everyone should know that you too have the right to seek all kinds of legal help and you can ask for it. As per a Delhi High Court order, whenever a rape is reported, the senior officer has to give notice to the Delhi Legal Services Authority. Only then the legal body arranges for the victim.
2. Right to File a Complaint at Any Time
Rape is a frightening incident for any woman, so it is natural for her to be shocked and not to report it immediately. She may also fear losing her safety and reputation. Keeping these things in mind, the Supreme Court has ruled that a woman can file a case of sexual offense against him even after a long time has passed between the incident and the filing of the complaint. This is women’s rights in India to file a complaint at any time.
3. Right to Privacy in Statement
Under Section 164 of the Criminal Procedure Code (Criminal Procedure Code), a woman victim of rape can file her statement before the District Magistrate and no one else is required to be present while the case is on trial. She can only record a statement with a police officer or female constable at a convenient location. A woman’s right in India for privacy while filing a statement.
4. Right to A Safe Workplace
In recent times, sexual harassment is a major problem. Sexual harassment means physical contact and going beyond it, or demands or requests for sexual harassment, or comments related to sex or showing pornography or any other unwanted physical, verbal, non-verbal conduct of a sexual nature. Whether it is done by a male owner or aide, you can contact the police in cases and lodge a complaint bases on women’s rights in India. In all organizations require an internal complaints committee for this matter.
5. Maternity Benefit Act (2017)
The recently amended Maternity Benefit Amendment Act 2017 protects the interests of working women during pregnancy. According to this Act, every employer has to provide certain special facilities to every female employee during the term of her pregnancy. These special benefits include paid maternity leave (from 12 to 26 weeks), the opportunity to work from home (with general salary benefits) and crèche facilities at the workplace. This act gives more benefits to women to balance their work and family life.
6. Dowry Prohibition Act, (1961)
Dowry is an old tradition in Indian culture. The bride and her families are tortured to pay the maximum money. The marriage will continue in any way. Indian constitution pass the rule of punishment for dowry. On the bases of Women’s rights in India prohibited the dowry system.
7. Right to Zero FIR
A woman has the exclusive right to file a complaint through email or registered post. If for some reason she cannot go to the police station, she can send a written complaint through a registered post addressed to a senior police officer of the rank of Deputy Commissioner of Police or Commissioner of Police. In addition, a rape victim can lodge her complaint at any police station under zero FIR. No police station can refuse to register an FIR on the pretext that the area does not come under their purview.
8. Right to Privacy
Under Section 228-A of the Indian Penal Code, the disclosure of the identity of the victim’s woman is a punishable offense. Printing or publishing the name or any matter that can identify the woman is punishable. Right to privacy helps to all women’s rights in India.
9. Protection of Women from Domestic Violence (2005)
This law provides protection to any female partner (whether wife or women) related to the violence committed by the partner. In this, a woman can lodge a complaint of physical, mental, emotional or psychological problems against her partner or family members who are threatening their life and peaceful existence. After amendment of this law, such women’s rights in India has also been extended to widowed women, sisters and divorced women.
10. Committee to Solve Sexual Harassment
According to Supreme Court guideline it is necessary for every organization, public and private, to set up a committee to resolve sexual harassment cases under women’s rights in India. It is also necessary that a woman should lead the committee and only fifty percent women should be included as members. Also, one of the members should be from the women’s welfare group.
11. Right to Safety on Internet
It is a crime to upload your photo or video on the internet without your consent. Offensive or bad photos or videos shared on the internet or WhatsApp by any means are nothing short of a nightmare for any woman.
Sections 67 and 66-E of the Information Technology Act (IT Act) prohibit the drawing, publishing or broadcasting of a picture of a person’s personal moments without their permission. Under Section 354-C of the Criminal Law (Amendment) Act 2013, drawing or sharing a private photograph of a woman without permission is considered an offense.
12. No Abuse with Married
Section 498-A of the IPC aggressively condemns dowry related murder. Apart from this, sections 3 and 4 of the Dowry Act 1961 not only give or take dowry but also demand punishment for dowry. The FIR once registered makes it a non bail-able offense so that the safety of the woman is not put under question and further protected from any kind of misconduct.
13. Divorce Right
Under Article 21 (Right to Life) of the Indian Constitution, the wife has the fundamental right to use the married name even after her marriage is broken. Using the ex-husband’s surname can only be prevented if she is using it to cheat on a large scale. A single mother can give her surname to her child.
14. Right to Equal Pay
The Equal Remuneration Act, 1976 provides for equal payment to men and women for equal work on the basis on women’s rights in India. This prohibits gender discrimination against women in recruitment terms.
15. Rights against Female Feticide
The Medical Termination of Pregnancy Act, 1971 provides abortion rights to registered physicians on humanitarian and medical grounds. The Sex Selection Restriction Act, 1994 prohibits gender selection before or after conception. The same law also prohibits sex determination tests before delivery to prevent female feticide.
16. Stocking a Punishable Offense
After the Nirbhaya case, stalking was added as an offense under Section 354 Section D of the Indian Penal Code. This comes under the Criminal Law (Amendment) Act 2013. If you become stalked, you can file a crime report through an online application to the National Commission for Women (NCW). Once NCW comes to know about this, she takes up the matter with the police.
17. Property Right
The Hindu Succession Act, 1956 recognizes the right of women to inherit ancestral property equally with men. Property right is support to women’s rights in India.
Child marriage is a long-standing practice in our country. This law protects children of both sexes from the problems caused by early marriage. However, in most of the cases younger girls become married to the older person. Thus, it is important to know that the legal age of marriage of a girl is 18 years, while for a boy it is 21 years. Parents who force their children before reaching the prescribed age are subject to penalties under women’s rights in India.
19. Right to Anonymity
Often many women do not come in front of people because they are afraid of revealing their identity. Let us explain that in Indian law, women have also provide the right to all thing that if they want, they can keep their name hidden. Women who are victims of sexual harassment have the right to not be named. To protect her privacy, a woman who is a victim of sexual harassment can record her statement alone in the presence of a woman police officer or in front of the District Magistrate.
20. Right to Dignity and Decency
It is the duty of everyone to keep the dignity of women in every situation. In this case, if the woman become accused in case, in medical examination process according to their desire, it should be done by a woman, or in the presence of another woman.
21. Women Right Not Arrested At Night
A woman cannot arrested after the sun sets and before the sun rises under section 46 Criminal Procedure Code. In a particular case, this is possible only on the orders of a first-class magistrate. Warrant is require for arrested any woman, and explain the reason for the arrest. She is also inform about their rights related to bail. Also, it is the responsibility of the police to inform the nearest relatives of the arrested woman immediately.
In conclusion, proper information is very important for women’s rights in India. As a mother, wife, daughter, employee, and a woman, you must know the rights set out for your protection. It is important that you be aware of them, this awareness will comes women empowerment in India.When you are well aware of your rights, you will be able to raise your voice against any injustice done to you at home, at work, or in society.