Protection of Women's Rights
The rights available to woman (ladies) in India can be classified into
two categories, namely as constitutional rights and legal rights. The
constitutional rights are those which are provided in the various
provisions of the constitution. The legal rights, on the other hand,
are those which are provided in the various laws (acts) of the
Parliament and the State Legislatures.
Constitutional Rights to Women:
The rights and safeguards enshrined in the constitution for women
in India are listed below:
The state shall not discriminate against any citizen of India on
the ground of sex [Article 15(1)].
The state is empowered to make any special provision for women.
In other words, this provision enables the state to make
affirmative discrimination in favour of women [Article 15(3)].
No citizen shall be discriminated against or be ineligible for any
employment or office under the state on the ground of sex
[Article 16(2)].
Traffic in human beings and forced labour are prohibited [Article
23(1)].
The state to secure for men and women equally the right to an
adequate means of livelihood [Article 39(a)].
The state to secure equal pay for equal work for both Indian men
and women [Article 39(d)].
The state is required to ensure that the health and strength of
women workers are not abused and that they are not forced by
economic necessity to enter avocations unsuited to their
strength [Article 39(e)].
The state shall make provision for securing just and humane
conditions of work and maternity relief [Article 42].
It shall be the duty of every citizen of India to renounce practices
derogatory to the dignity of women [Article 51-A(e)].
One-third of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women
[Article 243-D(3)].
One-third of the total number of offices of chairpersons in the
Panchayats at each level shall be reserved for women [Article
243-D(4)].
One-third of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women
[Article 243-T(3)].
The offices of chairpersons in the Municipalities shall be reserved
for women in such manner as the State Legislature may
provide [Article 243-T(4)].
Legal Rights to Women:
The following various legislation’s contain several rights and
safeguards for women:
Protection of Women from Domestic Violence Act (2005) is a
comprehensive legislation to protect women in India from all
forms of domestic violence. It also covers women who have
been/are in a relationship with the abuser and are subjected to
violence of any kind—physical, sexual, mental, verbal or
emotional.
Immoral Traffic (Prevention) Act (1956) is the premier legislation
for prevention of trafficking for commercial sexual exploitation. In
other words, it prevents trafficking in women and girls for the
purpose of prostitution as an organised means of living.
Indecent Representation of Women (Prohibition) Act (1986)
prohibits indecent representation of women through
advertisements or in publications, writings, paintings, figures or
in any other manner.
Commission of Sati (Prevention) Act (1987) provides for the more
effective prevention of the commission of sati and its glorification
on women.
Dowry Prohibition Act (1961) prohibits the giving or taking of
dowry at or before or any time after the marriage from women.
Maternity Benefit Act (1961) regulates the employment of women
in certain establishments for certain period before and after
child-birth and provides for maternity benefit and certain other
benefits.
Medical Termination of Pregnancy Act (1971) provides for the
termination of certain pregnancies by registered medical
practitioners on humanitarian and medical grounds.
Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act (1994) prohibits sex selection
before or after conception and prevents the misuse of pre-natal
diagnostic techniques for sex determination leading to female
foeticide.
Equal Remuneration Act (1976) provides for payment of equal
remuneration to both men and women workers for same work or
work of a similar nature. It also prevents discrimination on the
ground of sex, against women in recruitment and service
conditions.
Dissolution of Muslim Marriages Act (1939) grants a Muslim wife
the right to seek the dissolution of her marriage.
Muslim Women (Protection of Rights on Divorce) Act
(1986)protects the rights of Muslim women who have been
divorced by or have obtained divorce from their husbands.
Family Courts Act (1984) provides for the establishment of Family
Courts for speedy settlement of family disputes.
Indian Penal Code (1860) contains provisions to protect Indian
women from dowry death, rape, kidnapping, cruelty and other
offences.
Code of Criminal Procedure (1973) has certain safeguards for
women like obligation of a person to maintain his wife, arrest of
woman by female police and so on.
Indian Christian Marriage Act (1872) contain provisions relating
to marriage and divorce among the Christian community.
Legal Services Authorities Act (1987) provides for free legal
services to Indian women.
Hindu Marriage Act (1955) introduced monogamy and allowed
divorce on certain specified grounds. It provided equal rights to
Indian man and woman in respect of marriage and divorce.
Hindu Succession Act (1956) recognizes the right of women to
inherit parental property equally with men.
Minimum Wages Act (1948) does not allow discrimination between
male and female workers or different minimum wages for them.
Mines Act (1952) and Factories Act (1948) prohibits the
employment of women between 7 P.M. to 6 A.M. in mines and
factories and provides for their safety and welfare.
The following other legislation’s also contain certain rights
and safeguards for women:
Employees’ State Insurance Act (1948)
Plantation Labour Act (1951)
Bonded Labour System (Abolition) Act (1976)
Legal Practitioners (Women) Act (1923)
Indian Succession Act (1925)
Indian Divorce Act (1869)
Parsi Marriage and Divorce Act (1936)
Special Marriage Act (1954)
Foreign Marriage Act (1969)
Indian Evidence Act (1872)
Hindu Adoptions and Maintenance Act (1956).
22.National Commission for Women Act (1990) provided for the
establishment of a National Commission for Women to study and
monitor all matters relating to the constitutional and legal rights
and safeguards of women.
23.Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal). Act (2013) provides protection to women
from sexual harassment at all workplaces both in public and
private sector, whether organised or unorganized.
