There are many laws in the Indian constitution that protect the rights of women and children. While students from school education boards are taught about their constitutional rights, in reality many students, especially women, are not aware of them. Today in ‘Classes with News18’ let’s look at the laws that every woman should know so that she can be aware of her legal rights.
The rights of women can be broadly classified into two categories – constitutional and legal.
The constitution guarantees the right to equality, no discrimination in employment on the basis of sex, adequate means of livelihood, equal pay for equal work, just and humane conditions of work, maternity leave etc.
These rights are available to women in the form of laws or acts as follows:
Prohibition of Child Marriage Act, 2006
The Prohibition of Child Marriage Act came into force in 2007 and child marriage is defined as a marriage in which the bride or groom is underage – the bride is below 18 years of age or the boy is below 21 years of age. Parents trying to get underage girls married are subject to action under this law. Since the law makes these marriages illegal, it acts as a major deterrent.
The Indecent Representation of Women (Prohibition) Act, 1986
The Act prohibits indecent representation of women through advertisements or in publications, articles, pictures, figures or in any other manner.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
To ensure the safety of women, the Act seeks to protect them from sexual harassment at their workplace. Sexual harassment in the workplace includes using language with a sexual connotation, invading personal space with a male colleague, getting too close for comfort, subtle touches and gestures.
As per the law, any inappropriate touching, display of pornography, or any other form of misconduct in the workplace amounts to sexual harassment. Further, if any female employee solicits sexual favours, makes sexually obscene remarks, whistles or sings obscene songs at any work place, she may lodge a complaint with the Internal Complaints Committee (ICC). Can Every office or branch with 10 or more employees is required to have an ICC.
Protection of Women from Domestic Violence Act, 2005
The Act defines and protects women from any form of domestic violence, be it physical or mental. The definition of violence under the Act includes physical and sexual abuse as well as verbal, emotional and economic abuse. A woman facing domestic violence is entitled to protection from the authorities, medical aid and shifting to a shelter home and can also apply for monetary compensation or relief. The Act also provides for advice and assistance of welfare experts to the aggrieved person.
Therefore, if you are a daughter, wife, or live-in partner, and you experience any of these abuses from your partner, husband, or his relatives, or someone related to you biologically or adoptively and Live or reside with you in a shared household, you are well covered by the provisions of the Act and can seek various remedies provided by it.
Dowry Prohibition Act, 1961
According to this act, taking or giving dowry to the bride or groom and their family at the time of marriage is punishable. Dowry system, the giving and taking of dowry, is a norm in India. Dowry is often demanded by the groom and his family from the bride and her family. This system has taken strong roots as women move with their spouses and in-laws after marriage.
The Dowry Prohibition Act of 1961 provides for punishment for demanding and giving, taking or promoting dowry between the families of a couple. It also states that dowry received by a person other than the woman at the time of marriage, amount or property in the event of her death shall belong to the woman and her heirs. If you give or take dowry, you will be punished with a minimum of five years in jail and a fine of Rs 15,000.
Equal Remuneration Act
Equal compensation is guaranteed to both male and female employees for equal work or work of a similar nature. There shall be no gender based discrimination in terms of recruitment practices or working conditions.
Maternity Benefit Act, 1861
The Act regulates the employment of women and maternity benefits as mandated by law. It states that a female employee who has worked in an organization 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 which include maternity leave, nursing break, , Medical Allowance etc. , According to the Act, “Every woman shall be entitled to, and her employer shall be liable to, payment of maternity benefit at the rate of average daily wages 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
Property and inheritance rights for Hindu women in India As defined by the Hindu Succession Act, 1956 and the Hindu Marriage Act, 1955, which includes Buddhists, Jains and Sikhs, while for Muslim women it is as per the respective religious law. According to a Supreme Court judgement, women have equal rights with men on their father’s property. The Indian Succession Act, 1925, sets the conditions of inheritance for Christian, Parsi and Jewish women.
National Commission for Women Act, 1990
Apart from various laws protecting the rights of women, there is also the National Commission for Women (NCW). It is a statutory body of the Government of India, established in January 1992. 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 work towards their economic empowerment.
There are many laws in India that guarantee the safety of women, but you can fight against injustice at home, work or society only if you are well aware of your rights. Knowing your rights makes you a conscious citizen and if a woman stands up for herself then she speaks for all.
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