Author: Harsh Yadav, Banaras Hindu University
The history of India is deep-rooted, as it dates back to many ages. In each of these ages, the legal system in India has changed itself according to the changing social and cultural aspects of that particular age. However, women have been at a great disadvantage, under legal system across the globe. Sadly, their existing laws pertaining to women in India, are quite unfair and discriminatory. There has been a campaign aimed at amending Indian law so that justice and equality can be looked after for women. This movement has seen spearheading quite a number of changes. But there is still much work to be done. This is so, due to there still being a wide variety of gaps within the system. In this article, we shall be taking a look at the status of women and their rights in India and the various laws there are for protecting women in India.
RIGHTS AND LAWS OF WOMEN IN INDIA
Right to equal numeration:
One of the foremost vital work rights is the concept of right to equal numeration for the same or equal amount of work done. The equal remuneration Act, 1976 is the important legislation law that guarantees both male and female laborers are paid similarly for doing work which are the same for both. The law promotes the gender equality in the workplace by prohibiting discrimination in terms of salary and recruitment.
Right to claim share in property:
Earlier only the son had complete rights over their father’s property. But after the 2005 amendment in the Hindu succession act, daughters also have an equal right in the property of ancestors or parents as much as their son have. furthermore, in the major case of Danamma v.Amar, the supreme court of India validated the right of the daughters. Now they will be entitled to have an equal share in the ancestral property, even those daughters who were born before the Hindu succession Act,1956 came into force.
Paid leave during pregnancy:
According to the Maternity Benefit act of 1961, each female employee in either public or private sector in India are allowed to get paid maternity leave during the time of pregnancy. If a woman has worked for 80 days in the duration of 12 months prior the date of her anticipated delivery, she is entitled to receive maternity benefits.
In the recent amendment of the act in 2017 the maternity leave has been increased from 12 weeks to 26 weeks for those expecting 1st or 2nd child.
Prevention against sexual harassment at workplace:
The sexual harassment of women at workplace act, 2013 was implemented to protect woman from sexual harassment at the workplace, be it in private or public sector. This act also aims at creation of committee with 50% woman at every workplace for redressal of complaints on sexual harassment. According to law every company with more than 10 employees must implement it.
Prohibition of Dowry:
Under section 3 and 4 of dowry prohibition act, 1961 or giving dowry is both punishable under the act. Nobody can take or give dowry to the bride or the bridegroom before or after the marriage.
Under section 304B of IPC death caused if a death is caused because of demand of dowry within 7 years of marriage, is punishable with imprisonment for 7 years and a maximum imprisonment for life.
Triple Talaq is illegal:
The supreme court in Shayara bano case declared triple talaq as unconstitutional. The government legislated Muslim Woman (Protection of rights on marriage) Act, 2019,Declaring Triple Talaq as illegal and void. It is now punishable offence with imprisonment upto 3 years with a fine.
Right Against Domestic Violence:
The news quite often covers how women, whether they are daughters, wives, daughter in laws, continue to face forms of abuse including the likes of mental, physical and sexual attacks. Domestic Violence Act (DVA) aims to protect women from domestic violence. If any woman suffers this violence and all sort of abuse, section 12 of Domestic violence act comes into effect
Right to free legal aid:
In situations where a woman is unable to afford legal assistance, she should be able to obtain such assistance without charge. It is considered as a right pursuant to the Legal Services Authorities Act 1987. Provision is made in The Legal Services Authorities Act for the establishment of authorities to provide legal aid at the national level, the state level and the district level.
Commission for protecting women rights :
The national commission for women (NCW) is a statuary body of the Government of India established in 1992. The NCW represents the rights of women in India and provides a medium to resolve their issues and concerns. It aims to improve the status of women, to secure them in their homes and outside, fully empowered to access all their rights and entitlement, with equal opportunities to contribute across all aspects of life.
CONCLUSION
The laws regarding women in India showcase the country’s perspective to ensure both gender equality as well as safeguarding the rights and dignity of women. In course of time, several pro-women laws have been enacted which address issues related to discrimination, violence and harassment, and also promote women in education, employment, and ownership. Despite representing progress, these laws have remained dead letters for the most part of their existence. Education, accessibility, and reversal of social conditions are essential to make these laws effective. It cannot be emphasized enough that social change and legal reform go side by side and are essential for making Indian society more equitable and women-friendly.
FAQS
Which law protects women from domestic violence?
The protection of women from domestic violence act 2005 is an act enacted by the parliament to protect women from domestic violence.
Who is the first woman lawyer in India?
Cornelia Sorabji is the first woman lawyer in India.
Can a woman demand maintenance after the divorce from her husband?
Yes under section 125 of CrPC a woman can seek maintenance from her husband after divorce.
What are the main women rights in india?
The main rights for women is to live life with dignity and decency and without any form of gender discrimination.
