RIGHTS OF WOMEN IN INDIA
This article lists out some important laws which preserve the rights of women in India
1. RIGHT TO EQUAL PAY
The Equal Remuneration Act, 1976 is a gender-neutral legislation which says that both men and women are entitled to the same salary for the same work. It ensures that men and women are paid equally for doing the same or similar work. In terms of recruitment or working conditions, there should be no discrimination based on gender.
2. RIGHT TO SELF-DEFENCE/PRIVATE DEFENCE
Section 96 to section 106 of the Indian Penal Code, 1860 talk about the right of self defence. It’s a retaliatory right. In order to protect your body or another person’s body from an act of aggression you may cause harm, severe harm, or even death to the aggressor. However, you can only cause death to the aggressor without drawing accountability and penalty if the following conditions are met:
i. If you believe the aggressor is going to murder you or;
ii. Inflict you great bodily harm, or is about to conduct rape, kidnapping, or abduction, or is about to lock you in a room, or is about to throw or attempt to throw acid at you, you have the right to kill that person and the law will defend you
3. RIGHTS AT A PLACE OF WORK
i. Women have a legal right to a women’s restroom at their place of business.
ii. It is necessary to provide facilities for child care and feeding in sites where there are more than 30 female employees.
iii. The Supreme Court and the government have also taken steps to safeguard women’s safety at work. If someone at your workplace asks you for sexual favours, makes sexually charged remarks, whistles or sings obscene songs while looking at you, touches you inappropriately, or displays pornography, you may file a complaint with the Internal Complaints Committee, which is required to be formed by the employer at each office or branch with 10 or more employees.
4. WOMEN HAVE A RIGHT TO ZERO FIR
The Zero FIR is a type of police report that may be submitted at any police station, regardless of where the incident happened or what jurisdiction it falls under. The Zero FIR can then be transferred to the police station that has jurisdiction over the matter. The Supreme Court made this decision to save the victim’s time and prevent a perpetrator from walking free.
5. WOMEN HAVE THE RIGHT TO BE FREE FROM STALKING
Section 354D of the Indian Penal Code, 1860 says that if an offender follows a woman, attempts to contact her to encourage physical engagement frequently despite a clear signal of indifference, or monitors a woman’s usage of the internet, email, or any other kind of electronic communication, he or she may face legal action.
6. WOMEN HAVE THE RIGHT TO REGISTER VIRTUAL COMPLAINTS
Women can file virtual complaints by e-mail or write a complaint and submit it to a police station from a registered postal address. If a woman is unable to physically go to a police station and submit a report, the SHO shall send a police officer to her residence to document her complaint.
7.WOMEN HAVE THE RIGHT TO REMAIN ANONYMOUS (VICTIMS OF SEXUAL ASSAULT)
A woman who has been sexually attacked may record her statement alone before a district magistrate when the matter is under trial, or in the presence of a female police officer, to guarantee that her privacy is respected.
8.INHERITANCE RIGHTS IN FAMILY PROPERTY
The most widely publicised ruling in 2015 was that it upheld the amendment to the Hindu Succession Act 2005, which now permits women to have an equal portion of an inheritance as males. The amendment also included a clause allowing women to take on the position of ‘Karta’ in the property..
9.THE RIGHT TO LIVE IN A HOME FREE OF DOMESTIC VIOLENCE
The Domestic Violence Act of 2005 protects women who are assaulted by their parents, brothers, husbands, or live-in partners. Domestic violence impacts women in many aspects of their lives and thus, India has a strong legislation to penalise the same.
10. RIGHT TO MATERNITY BENEFITS
Maternity benefits should not be upscale because they are covered under the Maternity Benefit Act of 1961. Every working woman has the right to a complete compensated leave of absence from work to care for herself and her child under the Act. Any company with more than ten workers is required to observe this Act.
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