know that are the rights of women in India
know that are the rights of women in India

Know what are the Rights Of Women in India

Introduction

India is a fast-growing country that’s how every development changes all factors, including the lifestyle of people as we know that improvement and development are requirements for the growing nation. That makes all over development economically, socially, industrial, etc., and the result also grows the status of people’s lives.

Suppose we talk about the status of women in India that has been changed with the country’s development. Indian constitution gives some special rights regarding the protection and development of women. for the protection purpose of women, many Indian laws cover women’s rights. Let’s know some laws that cover women’s rights, protect those rights, and help implement those rights in India. The protection of women for domestic violence act, 2005 the Hindu marriage act, 1955 the dowry prohibition act, 1961 the immoral traffic prohibition act, 1956 the sexual harassment of women at workplace act, 2013, etc. All these Indian laws protect women’s rights.

Let’s see what rights are provided to women in India? 

Generally, the following types of rights can be described as women’s legal rights in India. 

The constitution and various Indian laws govern the different rights of women in India. Some of them from the rights of women are given below.

Right to receive a maintenance

A settled proposition is that a married woman is entitled to receive maintenance from her husband. There is not matter if she gets a divorce from her husband. She is allowed to get maintenance until she remarriage. Under section 125 of The criminal procedure code, 1973  described the provision of maintenance. That may count as per various factors, for example, the income of the husband, the standard of living or any other circumstances of the case, etc. Here in the counting of maintenance amount some basic requirements also consider like necessities of food, house, education healthcare requirement, all the factors are includes while granting maintenance to a woman.

But there are some of the exemptions of maintenance that we should also know. In the case of a wife who lives in adultery, that proves on the record. When the wife is disagreed with living with her husband without any sufficient reason, in some cases when both husband and wife decide to live separately by mutual consent, etc., in that circumstances, the court can decline to give maintenance to the wife. Otherwise, any Indian married woman is entitled to get maintenance under this section.

Right to protect herself against domestic violence

The woman has a right to protect herself against domestic violence. That may be a different cause of violence like physical, mental, sexual, or economic abuse can be considered in such kind of violence.

The domestic violence act 2005 protects all kinds of domestic violence against women. This act protects a wife or a woman who lives in a live-in relationship with her partner. A married woman or a woman who lives in a live-in relationship suffers from domestic violence by her husband or any of his relatives; in that situation, she can protect herself under the various provisions of this act.

The offense under the domestic violence act is covered cognizable crimes. That’s how the police authority will also be bound to register FIR regarding such violations. A woman can also approach the court nearby residential areas jurisdiction and put up a petition to the court under the provision of the domestic violence act with the helping of lawyers and pray for appropriate remedies like protection of her self custody of children’s and seeks for compensation.

The other remedies are also available under the Indian penal code section 498-a, which protects the abusing of married women against her husband and their relatives.

Rights to protect against dowry

Dowry means giving or taking dowry in terms of money, gold jewelry, estate, etc. That kind of dowry can be demanded from the bride or her parents before or after the marriage. In some cases, it can be demanded from the bridegroom or his parents. Dowry is also prohibited by law, a punishable offense under the dowry prohibition act 1961. this act defined the definition of dowry according to that dowry means any property all valuable securities given by the one party to another party or they agree to provide that, it called dowry. However, it does not include the drawer or Mahar where the Muslim personal law sariat applies.

Right to private or self-defense

The defensive right is a fundamental right provided by our constitution of India for citizens. A woman also has the right to self-defense for causing hurt, grievous hurt, and in some cases, it happens that she is becoming a victim of an attempt to acid attack. She becomes a victim of causing attacks with the intent to die. In some cases, she becomes a victim of attacks to commit rape, kidnapping, abduction herself, etc. In this critical situation, she has an exclusive right to defend herself even if she kills a person attacked. The law will also protect her for good reasons of self-defense.

Right to maintain dignity and decency

Every people has a right to live with dignity and decency. The constitution of India provides this right. No one has the right to prevent women from this right. If anyone tries to do so, that may be considered a crime according to Indian laws. The violent person gets punished for the violence of her rights. 

In some cases, it happens that a woman is become accused and needs to be arrested. In that situation, the prosecution also follows the decency with her. A lady police officer makes her arrest; her medical examination should comply with the women’s medical officer. It is also to be noted that every woman accused cannot be arrested after sunset. If that is required to arrest her after sunset, the prosecution must obtain the magistrate’s permission.

Right to get an equal pay

The  Remuneration Act governs the equality between males and females. According to the provision of this act, both are entitled to receive the same pay for the same work. This act protects a female worker’s or female employees’ right to get the same payment for the job in any recruitment or service condition. This act does not make any discriminate between males and females.

Rights at the workplace where she works

A woman who worked as an employee has many rights at her workplace. For example, in any workplace where more than 30 women employees work, it is mandatory to provide facilities for feeding children with care of them. Moreover, the supreme court of India and government also provide guidelines and surety of women’s safety at the workplace. The Indian penal code under section 354-a also protects against the sexual harassment of women, which is punishable by one to three years of imprisonment.

Right to get a free legal aid

The legal service authority act 1987 provides free legal service to the sufferer or aggrieved woman who does not afford litigation expenses and does not know how to protect legal rights. Because the authority’s aim is that any aggrieved woman has the right to get free legal services under that authority, it has structured district, state, and federal legal assistance as per the requirement. It provides a legal assistant who can consult, handle the court case or proceeding, etc.

Know the laws which specifically protect the rights of women in India

Immoral Traffic (Prevention) Act: 

Through this act, she can protect herself from becoming a victim of illegally trafficking for prostitution.

Dowry Prohibition Act:

This act helps protect herself from giving or taking dowry before or after or any time after the marriage, which is prohibited by law.

Maternity Benefit Act: 

This act helps to protect a woman employee’s maternity benefits are covered under the act.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act: 

This act helps working women against sexual harassment at the workplace, either in the public or private sector.

Hindu Succession Act: 

Under this act, every woman is entitled to equal rights along with men from the inherit parental or ancestral family property.

Hindu Marriage Act: 

The Hindu marriage act is based on monogamy. As well as under this act, the husband or wife is entitled to get a divorce on some of the specific grounds. It provides an equal basis for men and women in marriage or divorce subjects.

Protection of Women from Domestic Violence Act: 

This act helps protect against domestic violence against women in India. Under this act, any married woman who lives in a live-in relationship is entitled to defend herself against physical, mental, sexual harassment, or those kinds of violence.

Family Courts Act: 

Under this act provides family courts in various areas and jurisdictions accordingly for resolving family disputes.

Legal Services Authorities Act: 

This act aims to provide free legal services to Indian women who could not afford litigation expenses. Also, under this act, the authorities help her protect her legal rights if any issues come out.

Medical Termination of Pregnancy Act: 

This act will allow for the termination of pregnancy in some instances if necessary with the observation and prescription by the recognized registered doctor on the medical grounds.

Indecent Representation of Women (Prohibition) Act: 

This act will prevent representing a woman in inappropriate manners, such as misrepresenting in advertising any publication, advertisement, banners, press release, painting, etc.

Equal Remuneration Act: 

Both men and women are equal remunerations for equal work or any work of similar nature. This act provides security of payment for equal work. According to this act, there are no differences conducted based on gender in any recruitment and service conditions.

Minimum Wages Act:  

This act will help to provide similar wages for men and women workers. There is no allowed discrimination between male and female workers for different wages.

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act: 

This act aims to prevent unwanted or illegal abortion in the country. Through this act prohibits gender selection before or after a woman conceives. 

About Sandeep Bhatt

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