rights of women
By grishma Shetty at lexcliq
The United Nations adopted the universal declaration of human right on December 1948 which proclaims that all human bright are born free and equal rights. Indian constitution guarantees several rights such as the right to equality, right to life and personal liberty of constitution to all its citizens irrespective of gender. Gender equality means a society in where in both men and women enjoy the same opportunities, right and obligations in different sphere of life. Women’s empowerment, economic, social, political, is vital to growth of any nation and to protect and nurture human rights. Our constitution provides exclusive rights to women for their protection and development.
Provisions for women rights:
- Domestic violence act, 2005 = the act covers all women who maybe mother, sister, wife widow, or partners living in a shared household. The relationship maybe in nature of marriage or adoption. In addition relationship with family members living together as a joint family are also included .however, no female relative of the husband or male partner can file a complaint against the wife or the female partner.
- Hindu succession act, 2005 = the act covers that Indian women would have an equal right to a share in property as men, granting daughters the right to inherit ancestral property along with male relatives. Now even female inheritor (daughter) can claim partition of the ancestral property.
- Equal remuneration act, 1976 = It provides for Equal remuneration both men and women, there cannot be any discrimination on the basis of sex when it comes to salary, wages or pay.
- Dowry Prohibition Act, 1961= the act prevent the giving or receiving of a dowry includes property, goods, or money given by either party to the marriage, by the parents of either party, or by anyone else in connection with the marriage.
- Maternity benefit act, 2019 = the act provides that a woman will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. However, the woman needs to have worked for the employer for at least 80 days in the 12 months preceding the date of her expected delivery.
- The Immoral Traffic Act, 1956 = the act Prevent from Immoral Trafficking activity of recruitment, transportation, transfer, harbouring or receipt of persons by threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim for the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.
- Child marriage restraint act, 1929 = the act is to prevent child marriage. Hence government had fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to 18 for girls and 21 for boys.
- Hindu adoption and maintenance act, 1956 = this act has steered off clearly from all religious and sacramental aspects of adoption and has made adoption secular institution and secular act, so much that even a religious ceremony is now , not necessary for adoption. Now after this act even an unmarried women, married women or a widow can adopt.
- Hindu re – marriage act, 1986 = this act provided all the rights and inheritances to all the windows that they had at the time of her first marriage, and even it legalised the remarriage of Hindu widow.
- Sexual harassment of women at workplace act, 2013 = it gives right to female to file complaint against any kind of sexual harassment at her work place .
- Right to keep privacy of female who are sexually assaulted = to ensure that her privacy is protected , a women who has been sexually assaulted may record her statement alone before the magistrate when the case is under trial, or in the presence of a female police officer.
- Legal services authorities act, 1987 = under this act the female rape victims have the right to get free legal aid or help from the legal services authority who has to arrange a lawyer for her.
- Exception to arrest woman = unless there is an exceptional case on the orders of the magistrate, a woman cannot be arrested after sunset and before sunrise.
- Right to register virtual complaints = the law gives woman the provision for filing virtual complaint via – mail, or writing her complaint and sending it to a police station from a registered postal address.
- Right against being stalked = section 345 D of IPC makes a way for legal action to be taken against an offender if he or she follows a woman ,or tries to contact her to foster personal interaction repeatedly despite a clear disinterest or monitor the use of woman of the internet ,email or other electronic communication.
- Zero FIR = an FIR that can be filed at any police station irrespective of the location where the incident occurred or a specific jurisdiction the case falls under.