WOMEN RIGHTS

 

 

WOMEN'S RIGHTS IN INDIA

 

WRITTEN BY: SUKRITI DUBEY

3RD YEAR  BBA LLB

CHANDERPRABHU JAIN COLLEGE OF HIGHER STUDIES AND SCHOOL OF LAW, GGSIPU

 

EDITED BY: YASH JAIN

5^TH YEAR B.B.A.LL.B.(H)

AMITY LAW SCHOOL, NOIDA

 

Introduction

Swami Vivekananda, India’s patriotic saint, quoted, “There is no chance for the welfare of the world unless the condition of women is improved, and it is not possible for a bird to fly on only one wing.”

Women are the one of that gender who is an unshielded group of society. They had faced a lot of, discrimination, domestic violence, ill-treatment, and exploitation and still, some are facing it. Not just in India, but in the whole world, women want dignity, respect, and opportunity same as men.

India is a democratic country. It has one of the most lengthy and detailed constitutions. And now, Indian legislation came with strict provisions from time to time which changed some of the women's daily life circumstances too. There are lots of rights of women including equal pay for equal work, right to dignity and decency, right against workplace harassment, right against domestic violence, right to get free legal aid, freedom from arrest at night, right to register virtual complaints, right against indecent representation, right against stalking, etc.

If we see the tolerance rate in any gender of India from the past to till now then women are those who tolerate stupid or illogical customs to biggest challenges like child marriage, dowry death, sati pratha, etc. before, during, and after freedom, all people got freedom but women till now didn’t get any freedom from their own culture, custom restrictions which are partial, illogical, ill-treated to women.

Women's rights under the constitution of India, 1949^[1] include dignity, equality, and freedom from discrimination, and other than the Indian constitution act, 1949^[2] there are lots of statutes governing the government of India like The Dowry Prohibition Act, of 1961^[3], The Commission of Sati (Prevention) Act, 1987^[4], The Protection of Women from Domestic Violence Act, 2005^[5], etc. which talks about in favor of women's protections, rights, and their well-being.

The structure of family, values, and social norms are built which is against the equality guaranteed by the Indian constitution. Sometimes this household inequality etc. affects females a lot mentally, physically, and psychologically. Even educated women fight for themselves and get justice. But those women are not educated and not financially good, they have to tolerate what their family says and wants them to do. There are so many laws but they have some conditions, and exceptions that relate to religions, culture, etc. are not enough to protect women. Even after more than six and half decades after the enactment of the Indian constitution act, 1949 but still the uniform civil code is dead letter till now. The five sets of personal laws are concerned Hindu, Muslim, Christian, Jewish, and Parsi. But the main point is that it gives more power, dominance, and favor to men instead of women. 

Rights of women in India

1. Right to maintenance

Maintenance is defined as the amount which is paid to the dependent wife, child, or parents to maintain themselves. The amount can be paid either by doing one lump sum payment or by way of monthly installments. Maintenance includes all the basic necessities just like, food, shelter, health care facilities, clothes, etc. A married woman has a right to take maintenance from his husband even after the divorce but until she doesn’t remarry. The maintenance depends on the husband or wife's standard of living, circumstances, and income.

The sec. 125 of the code of criminal procedure, 1973^[6] talks about the husband having the responsibility to give maintenance to his divorced wife until she doesn't terminate the marriage by doing adultery or refusing to live with her husband without any reasonable reason, or they both separate by mutual consent. Under this section, any woman from India who is from any religion, caste, etc. can demand maintenance from her husband. The Hindu Marriage Act, of 1955^[7] also gives facilities to women but only those who are Hindu. Whereas, the Dissolution of Muslim Marriage Act, of 1939^[8] gives facilities to women but only those Muslims.

2. Right to equal pay

Now, we have gender-neutral laws. A male or female is entitled to the same pay for the same work or work of similar nature. The equal remuneration act provides ensuring about equal pay for the same work nature. In the context of recruitment and service conditions, there shall be no discrimination on a gender basis.

3. Right to dignity and decency

Dignity and decency are the most important essence of every woman. If anyone tries to disrespect her dignity, and decency and outrage her modesty then he will get imprisonment.

Every woman has the right to live with dignity, free from fear, violence, and discrimination. The Indian laws provide some provisions which favor women, protect them, and provide justice to them. Some provisions are like Sec. 354 which talks about outraging the modesty of women, Sec. 354A which talks about sexual harassment, Sec. 354B which talks about intent to disrobe her, Sec. 354C talks about voyeurism, Sec. 354D talks about stalking.

If there is any case in which a woman is held as an accused of the case, she is arrested but should be behaved and dealt with decently. Any woman can’t be arrested after sunset or before sunrise except the special permission for arrest from the magistrate by a women police officer. Her arrest and search should be done by a woman police officer, and her medical check-up or examination should be taken by a women medical officer or under the supervision of a women medical officer. In a rape case, FIR should be filed by a woman police officer.

4. Right against domestic violence

Every woman is entitled to the right against domestic violence through the Protection of Women from Domestic Violence Act of 2005^[9]. Domestic violence is not limited to only physical abuse it also includes mental, social, and economical abuse.

If you are a daughter, wife, and live-in-partner and face any such abuses from your partner, husband, and his relatives or from any person who is related to you by adoption or blood and living with you under the same roof then you can file the suit against them under the Protection of Women from Domestic Violence Act of 2005^[10], there are different types of remedies which provide justice to a woman. You also may contact the woman helpline no. “1091” and register the complaint. You can also approach the woman's cell in your area, they provide special help to victims by lodging the case in front of the magistrate after completing the drafting of the complaint in a proper manner.

You can also approach FIR to the police. Since domestic violence becomes a cognizable offense, police are bound to file a complaint and investigate the matter, etc. If the police refuse to file the case without any valid reason then you can approach the Superintendent of police, if they think that this matter is necessary to disclose then they can investigate the matter or maybe compel the police officer to file the case and look after it, if the superintendent of police also refuses to file the case then you have right to approach the magistrate having jurisdiction of your area and move your application under sec. 12 of the Domestic violence Act with the help of a lawyer for seeking desired reliefs against Domestic Violence which include custody and protection orders etc.

Even the Indian penal code, 1860^[11] helps to protect those women who are victims of domestic violence as sec. 498A, which is against the husband or relatives, gives imprisonment, which may extend to 3 years.

5. Rights at workplace

In places, where more than 30 females then there should be facilities for care and the feeding of children is mandatory. The supreme court of India and the government of India ensure that there should be safe for women in the workplace.

So, if any person at your workplace demands you for sexual favor, shows some sexual gesture that outrages the modesty of women, makes sexually colored remarks, touches you inappropriately, or shows pornography these all constitute sexual harassment and you can file a complaint against these all to internal complaint committee. An internal committee is a committee that is required by each and every office or branch of an employer which is of 10 or more employees. The district officer is also required to compose a local complaint committee in each district.

Apart from all these, sec. 354A of the Indian penal code of 1860^[12] talks about sexual harassment in which the imprisonment, may extend to 1-3 years.

6. Right against dowry

A giving or taking system of dowry by the bride or groom or by their parents after or before the marriage are offences under the dowry prohibition act, of 1961. “Dowry” means any property or any valuable security given or agreed to give may be directly or indirectly by any person to another person. If any person demands or abets someone to give or take the dowry then he/she may be punished with imprisonment which is a minimum of five years and a minimum fine be 15,000.

7. Right to free legal aid

Any woman who is a victim is entitled to take free legal aid through the legal services authorities under the legal services authorities Act, 1987^[13] until she can afford to take legal aid by herself. There are district, state, and national level legal services authorities in different districts, states, and national.

8. Right to private defense

It is just the most essential right of women for their safety and protection. Any woman can hurt, grievously hurt or kill the accused from whom they are trying to protect their body or someone’s body. They can kill the accused and laws will not punish you but there are some conditions:-

1.     Accused were trying to cause grievous hurt or death

2.     Accused were trying to commit rape, kidnapping, or abduction.

3. Accuses were trying to throw or attempting to throw the acid.

Conclusion

Indian laws are the guard of every woman. Indian legislation is still aware of making strict to strict laws which help women to safe, feel free, and feel equally treated. It is our responsibility to make aware of women’s rights to every woman no matter whether she is from a village or city, young or old, etc.

 

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^[1] the Indian constitution act, of 1949

^[2] the Indian constitution act, of 1949

^[3] The Dowry Prohibition Act, 1961

^[4] The Commission of Sati (Prevention) Act, 1987

^[5] The Protection of Women from Domestic Violence Act, 2005

^[6] the Code of criminal procedure, 1973

^[7] The Hindu Marriage Act, of 1955

^[8] The Dissolution of Muslim Marriage Act, of 1939

^[9] The Protection of Women from Domestic Violence Act, 2005

^[10]The Protection of Women from Domestic Violence Act, 2005

^[11]The Indian penal code, 1860

^[12]the Indian penal code of 1860

^[13]the legal services authorities Act, 1987