February 13, 2024
legal rights of women in india

In India, a woman is the victim of a crime every minute. No matter where they are—at home, in public, or at work—women are not safe. You’ve got your own safety in your hands, which sounds like a cliche to repeat. Given the prevalence of crimes against women, it is important that women are informed of the legal safeguards available to them. Everyone must remember that information is power. These Laws for Women Protection Rights have been established to protect you as a parent, wife, daughter, employee, and woman, and it is crucial that you are aware of them.

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In India, women are protected by numerous laws. Our constitution offers women special rights for their protection and advancement. The IPC, CrPC, and Evidence Act all contribute to the defense of women. In India, women are protected by numerous laws. Our constitution offers women special rights for their protection and advancement. The IPC, CrPC, and Evidence Act all contribute to the defense of women.

It is important to note that a number of special laws have been enacted for the protection of women from domestic violence, such as the Immoral Traffic (Prevention) Act of 1956, the Dowry Prohibition Act of 1961, and the Indecent Representation of Women (Prohibition) Act of 1986. Among the additional special laws that have been enacted to ensure that women’s rights against abuse, harassment, and violence are effectively implemented are the Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION, and REDRESSAL) Act of 2013, and the Hindu Marriage Act. 

Constitutional Rights and Legal Rights can both be taken into account when discussing the rights of women in India. The rights guaranteed by the constitution are those that are reflected in its numerous clauses. The term “legal right” refers to the rights that are stated in the numerous laws (Acts) passed by the State and Federal legislatures. Let’s talk about the rights in more detail using the following points.

The Indian Constitution Law for Womens Protection Rights

  • According to Article 15(1), the state is not allowed to discriminate against any Indian citizen based on their sex.
  • According to Article 15(3), the state is authorized to create any special provisions for women, i.e., the state is allowed to practice affirmative action discriminating in its favor.
  • No citizen shall be subjected to discrimination or be disqualified from holding any office or employment under the state on the basis of sex, according to Article 16(2).
  • Trafficking in human people and forced labor are illegal, according to Article 23(1).
  • According to Article 39(a), the state must guarantee equal access to a sufficient means of survival for men and women.
  • According to Article 39(d), the state must ensure that both Indian men and women receive equal salaries for equivalent work.
  • According to Article 39(e), the state is obligated to make sure that women employees’ health and strength are not exploited and that they are not compelled by economic necessity into occupations that are not a good fit for them.
  • According to Article 42, the state must make provisions to ensure fair and compassionate working conditions and maternity leave.
  • Every Indian citizen is required under Article 51-A (e) to abandon disrespectful behaviors of women’s dignity.
  • One-third of the total number of seats in each Panchayat that will be filled by direct election must be reserved for women, according to Article 243-D(3).
  • One-third of the total number of Chairperson positions in the Panchayats at each level must be designated for women, according to Article 243-D(4).
  • One-third of the total number of seats up for direct election in each Municipality must be reserved for women, according to Article 243-T(3).
  • The posts of Chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may specify, according to Article 243-T(4).

What are the Laws Protecting Women’s Rights in India

  1. The Protection of Women from Domestic Violence Act of 2005 is a thorough piece of legislation designed to safeguard Indian women from all types of domestic abuse committed by their husbands or any of their kin. Any form of physical, sexual, mental, verbal, or emotional abuse can be considered domestic violence.
  2. The Immoral Traffic (Suppression) Act of 1956 (SITA) has been amended by the Immoral Traffic (Prevention) Act of 1986 (PITA) . The goal of this Act is to prevent and ultimately outlaw prostitution for women and girls in order to make sex work illegal. It is the leading piece of legislation solely focused on combating trafficking for commercial sexual exploitation. Immoral Traffic (Prevention) Amendment Measure, 2006, a bill that the Ministry of Women and Child Development submitted in 2006, has not yet been passed.
  3. The Indecent Representation of Women (Prohibition) Act of 1986 forbids the indecent portrayal of women in publications, writings, paintings, figures, or any other form of media.
  4. The Commission of Sati (Prevention) Act (1987) prohibits the glorification of this behavior through the holding of any ceremony and enables more effective prevention of the commission of Sati or the forced or voluntary burning or burying alive of widows.
  5. The Dowry Prohibition Act (1961) forbids women from providing or accepting dowries before, during, or after marriage.
  6. The Maternity Benefit Act of 1961 protects a woman’s job throughout her pregnancy and grants her the right to a “maternity benefit” as well as a few additional perks. The Maternity Benefit Act (1961) has been amended by the Maternity Benefit (Amendment) Act of 2017. Women who work on a contract basis or as consultants are also covered by the Act, as are those who are already on maternity leave at the time the Amendment Act goes into effect.
  7. The Medical Termination of Pregnancy Act of 1971 permits certified medical professionals to end certain pregnancies for both medical and humanitarian reasons.
  8. According to the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994), it is prohibited to discriminate against anyone or anything on the basis of their gender before or after conception, as well as to prevent the improper use of prenatal diagnostic methods that could result in female foeticide.
  9. The Equal Remuneration Act of 1976 mandates that men and women workers get equal compensation for identical or closely related labor. Additionally, it stops sexism against women during the hiring process and during employment.
  10. Muslim women who have been divorced by their spouses or who have obtained divorces from them are protected by the Muslim Women (Protection of Rights on Divorce) Act (1986).
  11. Women have the same legal entitlement to inherit parental property as males under the Hindu Succession Act of 1956. The Hindu Succession (Amendment) Act of 2005 followed, allowing daughters to inherit property from male relatives as well.
  12. Male and female workers cannot be treated differently or have separate minimum salaries under the Minimum Wages Act of 1948.
  13. The Mines Act of 1952 and the Factories Act of 1948 forbid women from working in mines and factories between the hours of 7 p.m. and 6 a.m., respectively, and ensure their welfare.
  14. Women are protected against sexual harassment at all workplaces, in the public and private sectors, whether organized or unorganized, by the Sexual Harassment of Women at Work Place (Prevention and Protection) Act (2013).
  15. The Child Labor (Prohibition and Regulation) Amendment Act of 2016 forbids the employment of children in any occupation and teenagers in dangerous activities and procedures. Children are defined as those under the age of 14 and adolescents as those who are between the ages of 14 and 18.
  16. In order to successfully combat child sexual abuse and exploitation, the Protection of Children from Sexual Offenses (POCSO) Act of 2012 was created. The law protects all minors under the age of 18 from crimes such as sexual assault, sexual harassment, and pornography and defines a child as anyone under the age of 18.

Recent Changes to Some Laws for Women’s Protection Rights:

  • The gang rape that occurred on the night of December 16, 2012, caused such indignation across the country that the Criminal Law (Amendment) Act, 2013, which had been long anticipated, was finally passed. Consequently, the Act has the following sections:
  • Sexual harassment is prohibited and is punishable under Section 354A.
  • Assault or use of unlawful force against a woman with the goal to cause her to undress is prohibited under Section 354B.
  • Voyeurism is allowed under Section 354C.
  • Stalking is covered under Section 354D.
  • Section 376’s definition of rape has been changed.
  • Instant “Triple Talaq” in any form is “illegal and void” according to the Muslim Women (Protection of Rights on Marriage) Bill 2017. The mother would also have the ability to ask a magistrate for a “subsistence allowance” for herself and her minor children under the new law.
  • No citizen shall be subjected to discrimination or be disqualified from holding any office or employment under the state on the basis of sex, according to Article 16(2).
  • According to Article 39(d), the state must ensure that Indian men and women receive equal compensation for equivalent work.

Conclusion

I hope you like our blog Indian Law for Women Protection Rights it helps every woman. Indian law acts as a protective barrier for women. These rights for women in India should be known by every woman. A person who is knowledgeable about the law does not need a weapon. It wields the law itself as a weapon, making her the most powerful person. Being moral and intelligent come from knowing your rights. Only if you are aware of your rights can you fight against every injustice done to you at home, at work, or in society. 

Don’t be oppressed, be aware of your rights, and use them to your advantage because when one woman speaks up for herself, she does it on behalf of all women. I hope you liked the post and please do share the post with others.

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