Legal awareness is half the law. It is a crucial yet undermined step for empowering and ensuring that women understand their rights and protections as guaranteed to them under the Indian law, so let’s understand women’s rights in India.
Despite a robust legal framework aimed at safeguarding women’s rights, lack of awareness leads to continued discrimination, violence, and injustice.
This article provides a comprehensive overview of the key constitutional provisions, legislative protections, and recent legal developments that safeguard women’s rights in India.
Constitutional Safeguards for Women
The Constitution of India encompasses ideals of gender equality and non-discrimination. It ensures fundamental rights and protections for women. Several provisions selectively address gender-based inequalities:
1. Right to Equality (Article 14)
- Guarantees equality before the law and equal protection under the law for all citizens.
- Prevents discrimination based on gender and ensures fairness in legal proceedings and governance.
2. Prohibition of Discrimination (Article 15)
- Article 15(1) explicitly prohibits discrimination on the grounds of sex. The article ensures equal access to opportunities in education, employment, and public life.
- Article 15(3) allows the state to make special provisions for women and children to achieve the ends of gender justice.
3. Equal Pay and Maternity Relief (Directive Principles of State Policy)
- Article 39(d): Mandates equal pay for equal work for men and women, regardless of differences in sex.
- Article 42: Requires the state to ensure humane working conditions and provide maternity relief.
Lately, the concept has also come to acknowledge the role of women in upbringing of a child and how it could affect her performance at the workspace. The 2017 amendment of the Maternity Benefits Act mandates childcare leave other than leave during a woman’s pregnancy.
Key Legislative Frameworks for the women’s rights in India
1. The Protection of Women from Domestic Violence Act, 2005
The term “Domestic violence” does not limit to mere physical abuse but also includes emotional, sexual, and economic abuse. In an information deficit time, many women face such mistreatment due to a lack of awareness of such occurrences which are ordinary in their very nature.
- Section 3: Comprehensively defines domestic violence broadly and covers all forms of abuse. The definition provided is not exhaustive in nature.
- Section 18: Allows courts to issue protection orders to restrain the perpetrator of abuse from further harm.
- Section 19: Grants residence rights, ensuring a woman can stay in her matrimonial home. In a common procedural parlance, women who reside separately in rented properties may file a petition to claim allowance for such rent and other livelihood.
- Sections 20 & 22: The sections together fulfill the twin objective of realigning women into the mainstream society by providing them financial relief, including maintenance and compensation.
2. The Dowry Prohibition Act, 1961
Despite being illegal, dowry-related harassment and deaths persist. The law criminalizes dowry transactions and protects women from coercion. A very brief look on the legislation could be as follows:
- Section 3: Which provides for Imprisonment of up to five years for advancing or accepting dowry.
- Section 4: The section criminalises demands for dowry, be it either direct or indirect.
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
Workplace harassment is widespread, and many women hesitate to report due to fear of retaliation. To address this, the Government brought into force the Act and classified such offences into a distinct category. It covers:
- Section 2(n): Defines sexual harassment, covering unwelcome advances, inappropriate remarks, and physical contact.
- Section 4: Mandates workplaces with 10+ employees to have an Internal Complaints Committee (ICC).
- Section 9: Provides a confidential complaint mechanism to ensure the identity of victims of such crimes.
4. The Hindu Succession Act, 1956
Historically, women were denied inheritance rights, but amendments ensure gender parity in property rights. The landmark 2005 amendment to the Act has given women the right to inheritance in her father’s property.
- Section 6-A: Grants daughters equal rights in ancestral property.
- Section 14: Recognizes absolute ownership of a woman’s property.
- Section 15: Ensures a woman’s self-acquired assets go to her heirs.
5. The Muslim Women (Protection of Rights on Marriage) Act, 2019
The law was enacted to protect Muslim women from arbitrary divorce practices. The leading case Shayra Bano vs Union of India has been the go-to reference for the legislation to devise a comprehensive framework to address the rights of married muslim women.
- Section 3: Criminalizes instant triple talaq, also known as talaq-e-biddat.
- Section 5: Mandates maintenance for divorced Muslim women.
6. The Maternity Benefit Act, 1961 (Amended 2017)
The Act, as discussed in sections above, protects women’s rights during pregnancy and postnatal care. Following are extended rights of women under the Act.
- Section 5: Which grants 26 weeks of paid maternity leave.
- Section 11A: Requires establishments with 50+ employees to provide crèche facilities.
- Section 12: Prohibits termination due to pregnancy; in the given regard, the leading case Air India vs Nargesh Meerza (1981) should also be ideally referred for elaborate reasoning of judiciary behind striking down such an arbitrary practice.
7. The Equal Remuneration Act, 1976
Enacted in consonance with ILO conventions and article 39 of the Indian Constitution, the Act ensures gender equality in wages and employment opportunities.
- Section 4: Mandates equal pay for equal work.
- Section 5: Prohibits gender-based hiring and promotion discrimination.
Conclusion
Legal awareness is a powerful tool in the right hands. As for the women, such a tool could be indispensable in lessening the burden of the judiciary and creating an informed and empowered citizenry.
By being informed, women can safeguard themselves against discrimination, violence, and economic exploitation, ultimately contributing to a more just and equitable society.
About Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.