“Human rights are women’s rights and women’s rights are human rights, once and for all.” - Hillary Clinton
Women in India have provided with some rights. Unfortunately, many of the women do not know their rights.
On the grounds of gender equality, here are some rights an Indian woman holds in India :
Constitutional rights for women in India :
The Preamble to the Constitution resolved to secure all its citizens, including equality of status and opportunity while Articles 14 to 18 and 39 provide for Right to equality and non- discrimination among men and women. Article 14 ensures that the state shall not deny to any person equality before law. It prohibits class legislation but permits reasonable classification. This is a very important provision which provides equal legal protection to women against any women based crime. Article 15 (1) prohibits discrimination against any citizen based on religion, race, caste, sex or place of birth while Article 15 (3) permits ‘protective discrimination’ in favour of women according to which state can make special provision for women and the scope of this article is wide enough to cover the entire range of state activity including employment. Article 16 of constitution of India ensures equal employment opportunity to every citizen of India.
- RIGHT TO FREEDOM OF WOMEN Articles 19 to 22 of The Constitution of India provide a detailed scheme of Rights (speech and expression, assembly, association or unions, movements, residence, profession and occupation) for citizens with reasonable restrictions and Article 21 provides for Right to life and personal liberty of each and every person in India which includes Right to live with human dignity, right to livelihood, right to work, right to privacy, right against sexual harassment etc. The Indian Parliament also enacted The Indecent Representation of Women (Prohibition) Act bits indecent representation of women through advertisements, books, writings, paintings, figures films or any other manner. The Supreme Court also emphasized the need to provide a life of dignity to the sex workers in our country by giving them some technical skills through which they can earn their livelihood instead of by selling their bodies.
- RIGHTS OF WOMEN AGAINST
EXPLOITATION
Right against exploitation is recognized under Article 23 and 24 of the Constitution of
India. Article 23prohibits “traffic in human beings and beggar and other similar forms of labour”. The expression “traffic in human beings is evidently a very wide expression including the prohibition of traffic in women for immoral or other purposes. Also the Suppression of Immoral Traffic in Women and Girls Act, 1956 has been enacted with the object of inhibiting or abolishing the immoral trafficking of women and girls. Articles 21 & 23 also impose the duty on state to identify, release and rehabilitate freed bonded labourers. In Gaurav Jain vs. Union of India, the Supreme Court held that the children of the prostitutes have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of mainstream social life.
- RIGHTS OF WOMEN UNDER DIRECTIVES
Directive principles of State policy under Articles 36 to 51 of the Constitution of India are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Under this various rights of women have been implemented through legislations. The Directive under Article 39(a) provides that the citizens, men and women equally have the right to an adequate means of livelihood and Article 39(d) ensures that there is equal pay for equal work for both men and women. The Parliament has enacted the Equal Remuneration Act, 1976 and to implement Article 39 (d). Article 42of the Constitution provides that the state shall make provision for securing just and humane conditions for work and maternity relief and for this purpose the Maternity Benefit Act, 1961 was enacted. - POLITICAL REPRESENTATIONS OF WOMEN
Article 40 of the Constitution which lay down that the state shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government. To realize the Directive the 73rdand 74th Constitutional Amendments had sought to ensure a certain proportion of women as chair persons of panchayats. According to Article 243- D (3) and 243-T (3), not less than one third of the total number of seats to be filled by Directive election in
every Panchayat/Municipality shall be reserved for women (including SCs AND STs). This opportunity of being a part of local level arbitration process has improved the social conditions of women in village areas.
Legal Rights for Women in India :
Equal Remuneration Act, 1976 (Women have a right to equal pay)
According to provisions under the Equal Remuneration Act, one cannot be discriminated on the basis of sex when it comes to salary or wages. Working women have the right to draw an equal salary.
Sexual Harassment Of Women At Workplace Act, 2013 (Women have a right against harassment at work)
The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to file a complaint against sexual harassment. The law enables a sexually harassed woman employee can put in a written complaint to an Internal Complaints Committee (ICC) at a branch office within a period of 3 months as per the Sexual Harassment Act. This complaint further is taken up by the Local Complaints Committee (LCC) at a district level, ensuring investigations start regarding the same if proper action has not been taken against the employer. The complaint can also be filed by any of the woman’s legal heirs on her behalf or any other person who has written permission given by her to make the complaint.
Protection of Women from Domestic Violence Act (2005) (Women have a right against domestic violence)
The act primarily looks to protect a wife, a female live-in partner or a woman living in a household like a mother or a sister from domestic violence at the hands of a husband, male live-in partner or relatives. She or anybody on her behalf can file a complaint.
Section 498 states that whoever, being the husband or the relative of the husband of a woman, subjects her to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The complaint registered against an offender makes it a non-bailable one, ensuring a woman’s safety and provide protection from domestic abuse. The acts of violence are not limited to physical brutality, but also other forms of abuse like verbal, economic, emotional and sexual.
Women have a right to anonymity for sexual assault victims
Victims of sexual assault have a right to anonymity. To ensure that her privacy is protected, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.
Legal Services Authorities Act (1987) (Women have a right to free legal aid)
All-female rape victims have the right to free legal aid, under the Legal Services Authorities Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority, who arranges for the lawyer.
. Code of Criminal Procedure (1973) (Women have right not to be arrested at night)
A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a first class magistrate. Further, the law states, “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends”. A woman can also not be detained at night at the police station without legal permission.
Women have a right to register their complaint virtually
If a woman is not in a position to physically go to a police station and file a complaint, there is a provision for virtual complaints where she can lodge a complaint via e-mail or write her complaint and send to a police station from a registered postal address. This provision leads to the SHO (Station House Officer) sending police to the complaint’s place to record her.
Indecent Representation of Women (Prohibition) Act (1986)
The depiction in any manner of the figure of a woman; her form or body or any part in such way as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or morals”, is a punishable offense.
Women have a right against being stalked
Section 354D of the IPC and legal action can be taken against an offender. It has been considered as a legal offense. Stalking has been defined by the law as, “To follow a woman and contact, or attempt to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitor the use by a woman of the internet, email or any other form of electronic communication.”
The provision of zero FIR
The ruling by the Supreme Court mentioned that a woman who is a victim can register her complaint at any police station under the Zero FIR ruling. The Zero FIR is an FIR that can be filed at any police station irrespective of the location where the incident occurred or a specific jurisdiction it comes under. So once that FIR is lodged and investigation and filling are done with a magistrate, it can be moved to the Police Station in whose jurisdiction the case falls under. This ruling was passed to save time that would impact a victim and also lead to an offender getting away scot-free.
Right to dignity and decency
In an event that the accused is a woman, any medical examination procedure on her must be performed by — or in the presence of — another woman.
Maternity Benefit Act
This ensures that women working in establishments for decided time (both before and after childbirth) are entitled to maternity and other benefits.
Medical Termination of Pregnancy Act
This allows the termination of certain cases of pregnancies by registered doctors on humanitarian and medical grounds.
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act
This will prevent of sex selection before or after a woman conceives. This will reduce unwanted and illegal abortions in the country.
Hindu Marriage Act
This has been instrumental in introducing monogamy and allowed divorce on certain specified grounds. This law has helped in bringing Indian man and woman on the same platform in terms of marriage and divorce.
Hindu Succession Act:
This recognises the right of women to inherit parental property equally with men.
So these were the rights women have in India.
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