The Indian Constitution has several laws that safeguard the rights of women and children. While students across school education boards are taught about their constitutional rights, in reality not many students, especially females, are aware of them. Today, in ‘Classes With News18’, let’s take a look at laws that every woman should know so as to be aware of their legal rights.
Women’s rights can be broadly classified into two categories — constitutional and legal.
The Constitution guarantees the right to equality, no discrimination in employment on the ground of sex, adequate means of livelihood, equal pay for equal work, just and humane working conditions, maternity leave, etc.
These rights are available to women in the form of laws or enactments as follows:
Prohibition of Child Marriage Act, 2006
The Prohibition of Child Marriage Act came into effect in 2007 and defined child marriage as a marriage in which the groom or bride are underage — the bride is under 18 years of age or the boy is younger than 21 years. Parents trying to marry off underage girls are subject to action under this law. Since the law makes these marriages illegal, it acts as a major deterrent.
Indecent Representation of Women (Prohibition) Act, 1986
This Act prohibits indecent representation of women through advertisement or in publications, writings, paintings, figures, or in any other manner.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
To ensure women’s safety, this Act seeks to protect them from sexual harassment at their place of work. Sexual harassment at the workplace also includes using language with sexual overtones, invasion of private space with a male colleague hovering too close for comfort, subtle touches, and innuendoes.
According to the law, any inappropriate touch, display of pornography, or any other kind of misconduct at a workplace constitute as sexual harassment. Additionally, if anyone at any workplace solicits sexual favors, makes sexually suggestive comments, whistles or sings obscene songs directed at a woman employee, she can raise a complaint with the Internal Complaints Committee (ICC). It is mandatory to have an ICC at each office or branch with 10 or more employees.
Protection of Women from Domestic Violence Act, 2005
This Act defines and provides protection to women from domestic violence of any kind, be it physical or mental. The definition of violence under the Act also includes verbal, emotional, and economic abuse in addition to physical and sexual abuse. The woman facing domestic violence is entitled to avail protection from the authorities, medical aid, and shift to a shelter home and can also apply for monetary compensation or relief. The Act also provides for counselling and assistance of welfare experts to an aggrieved person.
Therefore, if you are a daughter, wife, or a live-in partner, and you experience any of these abuses from your partner, husband, or his relatives, or from someone 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 Act and may seek out the various remedies it offers.
Dowry Prohibition Act, 1961
According to this Act, taking or giving dowry at the time of marriage to the bride or the bridegroom and their family is to be penalised. Dowry system, giving and taking of dowry, is a norm in India. Dowry is often asked of the bride and her family by the groom and his family. The system has taken strong roots because women move in with their spouse and in-laws after marriage.
The Dowry Prohibition Act of 1961 criminalises and provides penalties for demanding and giving, taking of dowry or abetting the same between a couple’s families. It also states that the dowry received by anyone other than the woman in the marriage, the amount or property shall belong to the woman and to her heirs, in the event of her death. 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 fine of Rs 15,000.
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 practices or working conditions.
Maternity Benefit Act, 1861
This Act regulates the employment of women and maternity benefits mandated by the law. It states that a woman employee who has worked in an organisation for a period of at least 80 days during the 12 months preceding the date of her expected delivery, is entitled to receive maternity benefits that include maternity leave, nursing breaks, medical allowance among others. According to the Act, “every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day”.
Property Rights
The property and inheritance rights for Hindu women in India are defined by the Hindu Succession Act, 1956, and the Hindu Marriage Act, 1955, which includes Buddhists, Jains, and Sikhs, while the same for Muslim women is in accordance with the respective religious law. According to a Supreme Court ruling, women are entitled to equal rights over their father’s property as men. The Indian Succession Act, 1925, lays out the terms for inheritance for Christians, Parsis, and Jewish women.
National Commission for Women Act, 1990
Other than different laws safeguarding women’s rights, there is also the National Commission for Women (NCW). It is a statutory body of the Indian government, which was established in January 1992. The NCW represents the rights of women in India and provides a voice for their issues and concerns. The Act aims to improve the status of women and works towards their economic empowerment.
There are numerous laws that guarantee the protection of women in India, but you can only fight against injustice at home, work, or in society if you are well-informed about your rights. Knowing your rights makes you an aware citizen and if one woman stands up for herself, she speaks for all.
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