Every day in TV or in newspaper there is news bout molestation, ill treatment, suicide or rape of woman. Why it is so when in India we have plethora of legislation protecting the rights of woman and laws to safeguard them. Al this basically arises from two main reasons, the first being the ignorance about these rights among the woman in rural areas, who need them most and a fear of being victimized by the law agencies and relatives not to mention the time it takes to get justice coupled with the financial dependence on husband and family for support. The second is the exactly opposite of first one where in urban areas these laws are being misused by some to victimize, harass and even blackmail. The first can be addressed by suitable education, information, counseling enters, free legal aid societies and by gram panchayats while the second one needs proper legislation and safeguard so that these laws are not misused.
Woman rights can be classified under two broad headings, Constitutional rights and legal rights.
Constitutional Rights
1. Right to equality. This right includes a host of related rights like no discrimination in employment of sex, to secure adequate means of livelihood, equal pay for equal work, securing just and human conditions of work, and maternity relief, etc.
Legal Rights
1. Protection of woman from domestic violence act 2005.
2. Immoral Traffic (Prevention) Act 1956.
3. Indecent representation of woman (Prohibition) Act 1986.
4. Dowry Prohibition Act 1961.
5. Maternity Benefit Act.
6. Medical Termination of pregnancy Act.
7. Pre conception and Pre Natal Diagnostic Techniques (Prohibition of sex determination) Act.
8. Equal Remuneration Act.
9. Family Court act.
10. Legal Services Authority Act.
11. Hindu Marriage Act.
12. Hindu Succession Act.
13. Minimum wages Act.
14. Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act 2013.
Besides the above mentioned Acts both the Indian Penal Code as well as Criminal Procedure Code have certain provisions especially applicable to help woman, like dowry death, cruelty, rape, abduction and other offenses, arrest of woman by female police woman, and obligation of men to maintain his wife. In addition they have a right against being stalked, right to file zero FIR, right to register virtual complaint, right to keep their dignity anonymous in case of sexual assault and a right to dignity and decency.
In case of a married woman there are some additional rights
1. Right to matrimonial home, whether owned by husband or his parents.
2. Right to report domestic violence
3. Right to abortion.
4. Right to divorce. Some additional grounds for divorce not applicable to husband.
5. Right to seek maintenance and alimony.
6. Right against dowry and harassment.
7. Right to Streedhan.
8. Right to claim child custody. If the child is below 5 years then mother have a superior right.
9. As per court order every police station must have a lady police officer (Not below head constable) round the clock.
10. A female cannot be arrested by a male police officer.
11. A female cannot be arrested after sunset and before sunrise.
12. Police can investigate a woman at her residence.
13. A rape survivor can record her statement at a place of her choice and the medical procedure of a rape survivor is only to be conducted by a government hospital. All woman are entitled to avail free legal aid.
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