India is currently in the process of transformation. We aim for a liberal, less petty, egalitarian society. If you look at the Constitution of India, we have achieved it to a great extent. We have a few more areas to address, but most of the law is impartial. However, the roots of patriarchy and feudal thinking go so deep that they cannot be easily traced. So there is a certain pressure from the community to comply. So in this article, I’m going to write the Women rights in India that every Indian woman should know.
Women equality in India (current status):
Indian women fall victim to a variety of crimes such as objectification, verbal and physical abuse, caddies on the roads, and the biggest rape of all. India has the third highest number of rapes in the world and rape is one of the most heinous crimes.
- Indian law does not yet consider marital rape as rape. We have a rich tradition of organized marriages, but people think that all foreign husbands are saints who always respect their wives.
- Despite being illegal, we still see a significant number of female foeticides.
- Girls are kept at home in the countryside while boys are sent to school. Generally, within a family, boys are always given the first choice even in terms of nutrition.
- Women often face opposition from their mothers-in-law and husbands for continuing to work after marriage.
Everyone seems to be very obsessed with fake dowry cases. They ignore the fact that there are many real situations where the boy’s family still asks for dowry today.
Discrimination against women is widespread in the professional fields, and the pay gap and sexual harassment of the boss are a bonus.
Since topics such as sex, menstruation, and virginity are all prohibited, women should bear the opinions and judgment when buying sanitary napkins or condoms from shoppers and other customers.
Even if your surroundings do not always give you equal opportunities, you must remember that the law will protect your interests if you demand it.
Ambedkar contribution to women’s rights in India:
- The Right to Vote (Equal to all women and men in India).
- Maternity Benefit Act.
- Equal pay for equal work regardless of gender.
- Mining Maternity Benefit Act.
- Women Labor Welfare Fund.
- Women and Children, Labor Protection Act.
- Maternity benefit for women workers.
- Restoration of the ban on women working in underground jobs in coal mines.
The Right to Vote (Equal to all women and men in India):
Every year, January 25 is observed as National Voter Day in our country. Well, First I want to say one thing, at least to spread awareness to some about our constitutional right (Article 326), i.e. the “right to vote”.
Even I do not know how many Indian women know the contribution of Dr. Babasaheb Ambedkar who is fighting for equal rights for women and voting rights. Today our Constitution gave all Indian women the right to vote because of him.
But before independent India, ‘voting rights for all, even men, was not an easy task. Mostly the right to vote was given only to the rich, the landlords, and the taxpayers.
Some might say that the Montagu-Chelmsford reforms gave women the vote. But this was conditional not only for the whole of India but also for some women (like a man) in the province.
Maternity Benefit Act:
I do not know how many Indian women knew the contribution of the revolutionary Dr. Babasaheb Ambedkar to the Maternity Benefits Bill for Industrial Women Workers in the Mumbai Assembly in July 1928.
In fact it was the first Maternity Benefits Act passed in India in 1929 by the Bombay Legislature.
As the Minister of Labor in the Viceroy’s Executive Committee, between 1942 and 1946, Dr. Babasaheb Ambedkar was instrumental in bringing about the Mine Maternity Benefit Bill for Women across India. Under this law, a woman working in a mine is entitled to maternity benefits for a period of 8 weeks. This period of 8 weeks is divided into two parts of four weeks each, one part prenatal and the other part postpartum.
Subsequently all acts of maternity benefit of various States were repealed and the General Maternity Welfare Act-1961 was adopted by the Central Government for all the States in India.
Equal pay for equal work regardless of gender:
As Minister of Labor in the Viceroy’s Executive Committee, Dr. Babasaheb Ambedkar was the first revolutionary to bring about “equal pay for equal work regardless of gender” in India for industrial workers.
In drafting the Constitution of India, Dr. Babasaheb Section 39 (d) relates to the State to strive for equal pay for equal work for men and women in Part IV, the guiding principles of state policy.
Hindu Code Bill:
Dr. Babasaheb Ambedkar resigned as the first Law Minister of India and his classic ‘Hindu Code Bill’ was dropped by the then Prime Minister Nehru on women’s rights for women.
But no women’s organization has talked about this. Dr. Babasaheb’s contribution to women’s empowerment in India is completely ignored and obscured. For three years, he struggled to pass the bill. This is the biggest social reform in India. It is nothing more than a declaration of women’s rights.
It talked about restoring the dignity of Indian women and giving equal rights to men and women. They are property, property, marriage, divorce, guardian. It is a revolutionary move at any time and the first step towards the recognition and empowerment of women in India.
These allow a woman to dispose of her property on her own. The tradition within the ruling party led by Shyama Prasad Mukherjee did not allow the bill to pass. Even female member Sarojini is against these women’s rights.
Rights for women in India:
First I write short in a way that you can remember and then I write everything down in detail.
- Pregnant employees cannot be fired.
- Women can lodge a complaint with the Deputy Commissioner or the Police by email or post.
- A woman cannot be arrested after sunset or before sunrise. A woman cannot be arrested in the absence of a woman constable.
- Both son and daughter have equal inheritance rights.
- A couple cannot file for divorce before the end of the year.
- Kissing or hugging in public is not a crime at all.
- A woman cannot be charged under the provisions of adultery.
- A woman can file an FIR at any police station regardless of jurisdiction.
- Victims of rape and assault cannot be forced to go to the police station to file their reports.
- Survivors of rape can access a doctor without an FIR.
- Victims of acid attacks have the right to free treatment in hospitals (Private or public).
I think not only men and women, but all individuals should be treated equally in the eyes of the law, with respect in society and equally with all.
Fundamental Right to Equality (Articles 14 and 15 of the Constitution):
The state does not discriminate on the basis of gender. Also, the government can make any law for the protection of women and children.
Furthermore, the guiding principles of state policy make it clear that the state will strive for equality between men and women based on livelihood and that there must be ‘equal pay for equal work’.
The Medical Termination Of The Pregnancy Act (1971):
“A law to provide for termination of certain pregnancies and related or accidental by registered medical practitioners.”
The Medical Termination Pregnancy Act, 1971 (MTP Act) came into force in April 1972.
The rules and regulations in place were revised back in 1975 to eliminate the time-consuming procedures for the approval of this site and to make the services more readily available.
The preamble is very clear in mentioning that in some cases pregnancy is allowed to terminate. Cases that allow for dismissal are detailed in the law itself.
No arrests before sunrise or after sunset:
A woman cannot be arrested in India without extraordinary circumstances. If so, the arrest requires the written permission of the magistrate and the presence of a female police officer.
Women cannot be forced to present at the police station:
(Section 160 of the Code of Criminal Procedure)
Any police officer conducting an investigation may require the attendance of any person, and such person must be present.
The exception now, with the enactment of the Criminal Law Amendment Act, 2013, makes it clear that women are not required to appear physically at the police station.
If necessary, the police officer should go to his place of residence and conduct the necessary investigation.
Disclosing the identity of a rape victim is a crime:
No one can disclose the identity of the rape victim, as doing so is an offense under the Indian Penal Code, punishable by up to 2 years. (Section 228A)
The employer’s responsibility to create a sexual harassment complaints committee:
According to the Supreme Court’s Vishakha guidelines, now employers must set up an internal grievance committee in every office or branch with 10 or more employees, according to the Prevention of Sexual Harassment in the Workplace Act.
This is for speedy relief and the panel has the powers of a civil court. This group must be completed within 90 days.
Criminal Law Amendment Act, 2013:
After Nirbhaya was brutally raped in December 2012, a series of changes were made to the law 2013. Offenses such as an acid attack, sexual harassment, voyeurism, and stalking are included in the Indian Penal Code.
The most important change brought about by the definition of rape now involves the penetration of not only the penis but also other objects.
The degree of infiltration is no longer important. There is no lack of female resistance. What’s more, rape is not just restricted to vaginal penetration, it now includes the mouth, urethra, or anus.
The supreme court also clarified that the doctor was not told whether or not the rape had taken place.
Whether or not rape took place is a legal question, not a medical question. The examining doctor must record sexual activity, DNA analysis, and follow other guidelines prescribed by law.
The Immoral Traffic (Prevention) Act (1956):
“The first section of the law contains provisions outlining the illegality of prostitution and the penalty for owning a brothel or similar establishment, or the penalty for living off the proceeds of prostitution as an idol.
If a person buys, incites or takes a child for the purpose of prostitution, the penalty is a minimum of seven years.” , But Section 5 of the Act states that it may be extended for life. ”
Any person who openly commits adultery with a child is liable to life imprisonment for up to seven years or up to ten years and a maximum fine of one lakh rupees.
If a child is prostituted with the knowledge of the owner of a company such as a hotel, the hotel’s license may be revoked with imprisonment and/or penalties.
Hindu women’s right of succession and maintenance:
A Hindu woman receives an equal share of the maiden property (with her brother). A Hindu woman may also be the ‘Karta’ of joint Hindu family property.
A woman has the right to be maintained by her husband in case of divorce till her marriage. Alimony is determined based on her source of income and her husband.
The Mumbai Family Court has recently given a verdict in which a well-qualified woman does not want to earn and it is not maintained by her husband. The husband is not bound to maintain a well-qualified wife who does not sit idly by and work.
This is a welcome decision because it will encourage more women to work.
All jewelry, gold items and other gifts given to the bride (by anyone, including the husband’s relatives) are legally women’s property. Applies only to Hindu women. For Muslim women, the ‘meher’ is set aside separately during marriage, which is the woman’s exclusive property in case of divorce.
The Commission Of Sati (Prevention) Act (1987):
The law prohibits the practice of Sati or the voluntary or compulsory burning or burying of widows, and the glorification of this act by observing any ceremony, participating in any procession, creating financial trust, a temple, or any act that commemorates or respects the memory of a widow who committed Sati.
Sati is an ancient Hindu custom where the widow shakes herself at her husband’s funeral. They considered it a great honor to commit Sati, and the goddess Sati was idolized by the community.
However, this practice is still in practice in some parts of Rajasthan and Madhya Pradesh. In light of these incidents, the Government of India enacted the Sati Commission (Prevention) Act, 1987. In 1829 the Bengal Sati Regulation, the Sati was first banned.
Child custody ordinarily given to women:
Custody of all children under the age of 7 is provided to women. In other situations, child custody is generally granted to women with full attendance to the fathers.
The Prohibition Of Child Marriage Act (2006):
This act defines child marriage as marriage in which the girl or boy is underage, i.e. the girl is under 18 or the boy is under 21.
According to this law, a child a boy under the age of twenty-one and a woman under the age of eighteen.
Child marriage is an agreement between two persons in which one or both parties have a child. The child marriage that took place before and after this act can be annulled by the person who was the child at the time of the marriage.
But the person who had the child must cancel the marriage before completing their second year of maturity.
Domestic Violence Act, 2005:
The Domestic Violence Act was passed in 2005 to protect women from domestic violence. This includes unmarried women as well as ‘live-in’ partners.
The Pre-Conception & Pre-Natal Diagnostic Techniques:
(Regulation and Prevention of Misuse) Act (1994)
The main purpose of enacting this law is to prohibit the use of sexual selection techniques after conception and to prevent the misuse of the parental diagnostic technique for sexually selective abortion.
The law prohibits medical personnel from conducting or assisting in sexual selection. All pregnancy related medical equipment will be sold only to registered clinics.
Prenatal diagnostic techniques are prohibited except for the detection of chromosomal abnormalities, genetic metabolism, genetic disorders associated with sex, birth defects, or any other abnormalities or diseases; Only as long as there is a threat to the child as outlined in action.
No person shall be allowed to disclose the gender of a child in any communication, no clinic or person shall be permitted to conduct sex determination tests, and no person shall do so or make any sexual choice or assistance.
All individuals should be treated equally because one day you and I may fall on the unfavorable side of an arbitrary line defined by those around us and have our lives throttled by it.