Legal Guide

Legal Rights of Women In India

by Bhavya Choudhary · 4 min read

legal rights of women in India

Introduction

  • In today’s world, women are said to be sharing equal rights as men. This topic is still controversial because most women do not even know their rights, let alone exercise them.
  • There is partiality between the genders, and the government sought out the legal rights of women in India accordingly to sustain the impact of demoralized crucial cases.
  • A large percentage of women do not know the legal rights of women in India and continue to stay in recession. The difference between just and unjust can be classified only by someone aware of their rights in this country.
  • The government has provided exclusive legal rights to women in India to overcome the degradation of one gender over the other.
  • These legal rights of women in India are in place to protect and safeguard them from unnecessary harm and harassment that most women go through each day of their lives.

The right to maintenance 

  • Under this category of rights, every basic need is included, which are the legal rights of women in India and cannot be reversed.
  • A woman, married or unmarried, is entitled to receive basic maintenance from her husband and family members, such as food, shelter, clothing, medicine, education, and more.
  • In the case of divorced women, the husband should still provide it until the woman is remarried. It is dependent on their lifestyle and income.
  • The husband should provide basic necessities and maintenance as prescribed in the legal rights of women in India unless the woman is adultery and is considering it without any reasoning.
  • Irrespective of age, caste, religion, and location, a woman is entitled to her legal rights of women in India from family and husband, as the same is governed by the Hindu Marriage Act 1955.

Right to be Paid Equally

  • At present, there are neutral laws and regulations for genders as they are now entitled to the same salary for similar work.
  • The introduction of the Equal Remuneration Act benefits both genders; there is no gap between discrimination and curtailing. 
  • Any kind of recruiting, hiring, training, and service locations and conditions will have no differences as per the legal rights of women in Indian states.

Right to have an Equal Share in the Property.

  • The amendment of the Hindu Succession Act 2005 has led to the legal rights of women in India to acquire equal rights on land documents that are the same for men.
  • Discrimination against property inheritance was bashed and changed with new laws emerging beneficial to women after they were oppressed for this too long.
  • They will get their equal share in any ancestral property that the son will acquire. Both the son and daughter will sign the land documents to sell, rent or lease it.

Rights to Decency and Dignity

  • This part was needed from the beginning of the legal rights of women in India. The culprits who try to harm or disrobe modesty and decency are criminals and sinners according to the law and are subject to harsh punishments. This is registered, and these are punished by the Crimes Act. 
  • In cases where the woman is an offense, she still is handled with dignity and proper behavior. The woman constable is responsible for arresting and searching them.
  • The police cannot arrest a woman past sunset, and any direct orders will be followed only if there is woman police or constable present.
  • The interrogation will be done at their home when friends and family are present, as it is the legal right of women in India. 
  • Any medical examination will be done by a woman with a woman officer supervisor to maintain dignity. 

Rights Against any Domestic Violence 

  • The Protection of Women and Domestic Violence Act 2005 came into place to ensure that every woman can actively seek the legal rights of women in India within their lives.
  • There are different aspects of domestic violence where it takes the shape of physical, sexual, and mental abuse towards women, and they do not raise any objections till the last moment.
  • Under the legal rights of women in India, any woman or girl who is undergoing such kinds of abuse by their family or relatives, or friends must take action and is protected under the Domestic Violence Act. 
  • They can contact the nearest police station or helpline number “1091” any time of the day.
  • The husband or other family members or relatives can serve up to 3 years or more in prison if found guilty of committing violence as per the Indian penal code section 498A and the legal rights of women in India.
  • In any such case, the woman can opt for legal consultation and take strict action against the family or husband. 

Rights of Women in the Workplace

  • The workplace must arrange for a lady’s toilet if there are female workers or employees stationed for any job or service.
  • The Sexual Harassment of women in the workplace (Prevention, Prohibition, And Redressal) Act, 2013, is put in place to safeguard women’s interests and their respect. There are legal rights for women in India for every purpose and sector. 
  • No employee can ask for sexual favors or make similar remarks as it is punishable under the legal rights of women in India. One must take legal consultation. 
  • Sexual Harassment or such a scenario of any kind will not be tolerated, and the woman going through any such thing can complain about it to the Internal complaints committee, which is mandatory to be formed if there are female workers. 

Women’s Rights against Dowry in Marriage 

  • The dowry protection act 1961 prohibited the exchange of dowry by the bride and groom’s family. 
  • The groom and his family cannot ask or pressure the bride for dowry or asset exchange for the completion of a marriage.
  • It is fined at 15000 INR or above and can lead to up to 5 years of imprisonment. 

Many such legal rights of women in India are in place to protect their existence and growth as a human who is recessed in a lot of areas till now. 

  • Right to claim free legal aid.
  • Right to self-defense
  • Right to education
  • Right to independent thinking and earning
  • Right not to be arrested at night
  • Right to file a virtual complaint 

Conclusion 

These are some of the basic legal rights of women in India that are to be considered every time they are treated unjustly. Knowing one’s rights is the biggest weapon. There are several cases where women fought back and won because they were aware that the circumstances were not wrong. 

There are many ways to learn about your legal rights, and it is advised to take legal consultation to prepare yourself and attain the best legal advice and knowledge about the legal rights of women in India.

Bhavya Choudhary

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Bhavya Choudhary

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