The history of India is vast. As the country's social and cultural landscape has changed throughout the years, so too has its legal system. But legally, women have always been at a disadvantage. There are still certain harmful and discriminatory regulations in India that affect women. A reform movement has emerged in India with the goal of making the country's legal system more equitable and inclusive of women. A great deal of change has been brought about by this movement. However, there is still a great deal of work that has to be accomplished. This article's overarching goal is to provide readers a sense of where women's rights in India stand and what laws are in place to safeguard them.
Maintenance: Legally, a wife has the right to maintenance payments from her husband regardless of whether or not the couple lives together. Laws enacted to safeguard women in India, such as the Protection of Women from Domestic Violence Act, 2005 (DVA) and the Hindu Marriage Act, 1955 (HMA), uphold this right. Since any spouse is eligible to apply for financial aid under the HMA's Section 24. The petitioner must demonstrate that they are financially unable to maintain themselves in order to be eligible for this assistance.
Equal Pay for Equal Work: One of the most fundamental labour rights is the requirement that workers receive a fair wage for the same or comparable work. Male and female employees in India are guaranteed equal pay for equal work under the country's landmark 1976 Equal Remuneration Act (ERA). Additionally, the Equal Rights Amendment for Women forbids bias in hiring and advancement based on a person's gender.
Dignified Life: Every woman has the right to live a dignified life, unencumbered by tyranny, oppression, or violence of any kind. The right to life and dignity is guaranteed to all citizens, including women, as stated in Article 21 of the Constitution. Harassment is made illegal by Section 354A of the Penal Code of India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 creates a system wherein harassed women can come forward and get their problems resolved.
Protection against Domestic Violence: It seems like every other day someone reports that a female relative—a daughter, wife, or daughter-in-law—has been the victim of sexual, physical, or emotional abuse. Women who are victims of domestic violence can seek help from DVA. Any time a woman experiences such assault or abuse, section 12 of the DVA comes into play.
Equal Employment Opportunity: Every woman has the right to a safe and healthy workplace. That they are not subjected to harassment or discrimination of any kind is of the utmost importance. These rights are guaranteed to women by the Constitution and law, including the Equal Remuneration Act of 1975, the Maternity Benefit Act of 1961, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.
Opposition to Dowry: Many women are prevented from getting married due to unwarranted demands for dowry from their prospective spouses. The practice of paying or receiving a dowry is outlawed by the Dowry Prohibition Act of 1961. There should be no dowry demands, harassment, or abuse of any kind against any woman in this nation.
Legal Services: The right to free legal aid ensures that women who are unable to afford it can receive the representation they need. This is considered a right under the Legal Services Authorities Act, 1987. At the federal, state, and local levels, the Legal Services Authorities Act establishes authorities to offer legal services.
Right to Self-Protection: Section 100 of the Indian Penal Code (IPC) guarantees the right to self-defence to all individuals, including women, against physical harm, threats of physical harm, kidnapping, or death.
The rights of women are protected by legislation in India in several areas, including those pertaining to the home, criminal justice, the workplace, and private property. The advancement and safety of women are guaranteed under our constitution's provisions. Here we'll take a closer look at the women's protection laws in India.
One of the most important laws in India pertaining to women is the Protection of Women from Domestic Violence Act, 2005, also known as the Protection of Women from DVA, 2005. This law aims to protect women who are victims of domestic abuse. If a husband commits domestic violence against his wife, she can face severe legal consequences. To ensure their safety and well-being, the law aims to offer financial compensation, residence orders, and protection orders.
• The Dowry Prohibition Act of 1961: The Act's primary objective was to put an end to the dowry system in India. The practice of exchanging dowries was outright forbidden. Additionally, it seeks to shield women from the harassing dowry demands of prospective husbands who are preventing them from getting married. Despite this, dowry-related incidents persist, and the law's enforcement has proven challenging due to the country's large population and the fact that many victims are afraid to come forward.
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: An act passed in 2013 that addresses sexual harassment of women in the workplace and aims to prevent, prohibit, and remedy such harassment. A workplace free of sexual harassment and abuse of women can be achieved when there is a legislative framework in place to prevent and punish such behaviour. In order to handle concerns and get them resolved quickly, the Act requires the creation of internal committees and the POSH Policy.
• The Medical Termination of Pregnancy Act, 1971: It is the Medical Termination of Pregnancy Act, 1971 (the "MTP Act") that governs the procedure of ending a pregnancy in India. This law allows a woman to terminate a pregnancy during the first twenty weeks if she feels the need to do so due to a medical emergency, a threat to her physical or mental health, or because the pregnancy is the outcome of rape.
• The Maternity Benefit Act, 1961: Working moms have it tough during labour and the time leading up to the delivery of their kid, according to the Maternity Benefit Act of 1961. That is why in 1961 the Maternity Benefit Act came into being. Mothers are guaranteed at least twelve weeks of paid leave under the Act. A maximum of 26 weeks was added to this in the 2017 Amendment.
• The Equal Remuneration Act, 1976: To ensure that men and women have equal access to economic opportunities and benefits in the workplace, the Equal Remuneration Act of 1976 (ERA) establishes a nondiscriminatory and equality-based wage system that pays men and women the same amount for equal work.
• The Prohibition of Child Marriage Act, 2006: Another law that aims to protect children's rights by prohibiting child marriage is the Prohibition of Child Marriage Act of 2006. Its ultimate goal is to ensure the safety of females by letting them grow up, get an education, and make responsible decisions about their lives and marriages. But cultural norms have made its enforcement problematic in many regions of the nation.
• The Hindu Succession Act, 1956: Under joint families, daughters were allowed rights to property under the 2005 Hindu Succession (Amendment) Act, which was an amendment to the 1956 Hindu Succession Act. The equality of men and women as inheritable property recipients was guaranteed by this reform.
• The Indecent Representation of Women (Prohibition) Act, 1986: Any kind of demeaning portrayal of women, whether in print, on television, or in commercials, is expressly forbidden by the act. It advocates for women's respect and works to preserve their dignity and decency.
• The National Commission for Women Act, 1990 (NCW): Established in 1990 by the National Commission for Women Act (NCW), the (NCW) is a government agency that promotes gender equality. Promoting and protecting the rights of women in India is its principal aim. When it comes to issues of gender inequality, violence against women, and other breaches of women's rights, the NCW is on the front lines.
In order to protect women's rights in areas like criminal law, family law, and more, India has a number of regulations and statutes. These statutes have helped promote gender equality and protect women from abuse and prejudice. The implementation of these legislation, however, continues to face some challenges. Among these difficulties include people's general ignorance as well as cultural and social conventions that serve as ineffective forms of regulation. It is critical that we keep working to resolve these challenges and guarantee that women in India can freely exercise all their legal rights and freedoms without fear of violence.
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