Women Legal Rights

MAKE A DIFFERENCE,BRING A CHANGE

KNOW YOUR RIGHTS,BE BRAVE AND FIGHT !!

INTRODUCTION• Women are exposed to different kinds of violence.• Women's are at risk before birth , during their life and

even after death.• Living without fear and in a safe environment is a must. The principle of gender equality is enshrined in the

Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles.

The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive

discrimination in favour of women. Within the framework of a democratic polity, our laws,

development policies, Plans and programmes have aimed at

women’s advancement in different spheres.

WOMEN &THE CONSTITUTION OF INDIA

•Constitution is fundamental legal document having a legal sanctity.

•4 main principles

•Indian Constitution classifies women as a special category of vulnerable group which requires special protection.

•Scope of the constitutional provision to women-2 main areas:-

•THE PREAMBLE

•THE FUNDAMENTAL RIGHTS

THE PREAMBLE WE,THE PEOPLE OF INDIAN, Having

Solemnly Resolved To Constitute India Into A SOVEREIGN SOCIALIST

SECULAR DEMOCRATIC REPUBLIC And to secure To All

Its Citizens: JUSTICE, Social, Economic , Political ;

LIBERTY, of thought ,expression, belief ,faith and worship;

EQUALITY of status and of opportunity and to promote among them all

FRATERNITY assuring the dignity of the individual and unity and integrity of the Nation.

The Preamble assures dignity of individuals and includes dignity of women.

EQUALITY of status and of opportunity to every man and women.

WOMEN IN THE 21st CENTURY ARE THOUGHT TO HAVE

Freedom from Fear

Freedom of Speech

Freedom of Religion

Freedom to Vote

Freedom of Choice

Freedom from Torture

Freedom from Enslavement

CONSTITUTION OF INDIA

Fundamental Rights:-•Article 14 – Equal right and opportunities for men and women in the political, economic and social sphere•Article 15 – prohibition of discrimination on the grounds of sex, religion, caste etc.•Article 15(3)- empowers the state to take affirmative measures for women.•Article 16 – provides for equality of opportunities in the matter of public appointments.

Directive Principles Article 39 – enjoins the state to provide an;

Adequate means of livelihood to men and women and Equal pay for equal work Article 42- state to ensure the provision for just and

humane condition of work and maternity relief.Fundamental Duties;▪ Article 51 v (A) ( e ) – fundamental duty on every citizen

to renounce the practices derogatory to the dignity of women.

Financial Accountability▪ Article 151 – reports relating to the accounts of the Union

and states to be prepared and placed before the Parliament and state legislatures respectively.

essential legal rights every Indian woman must know

Her awareness about her position as a citizen under the law must grow with changing timesAs we grow into an economic and political powerhouse in the international arena, the rights and opportunities that have been provided for all of us in the Constitution are also gaining prominence. Additionally, women have taken the centre stage by gradually moving into the workforce and getting career-oriented. However, mental, physical and sexual harassment, misogyny and gender inequality continue to be a way of life for most of them. It is in this context that her awareness of the legal rights, mandated by Indian law, gains significance.

Right to Equal PayAccording to provisions under the Equal Remuneration Act, one cannot be discriminated on the basis of sex when it comes to salary or wages.

Right against harassment at work The enactment of the Sexual Harassment of Women at Workplace Act gives you the

right to file a complaint against sexual harassment

Right to Anonymity

Victims of sexual assault have a right to anonymity. To ensure that her privacy is protected, a woman who has been sexually assaulted may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer.

Right against domestic violence

The act primarily looks to protect a wife, a female live-in partner or a woman living in a household like a mother or a sister from domestic violence at the hands of a husband, male live-in partner or relatives. She or anybody on her behalf, can file a complaint.

Right to maternity-related benefits

New Layouts

It is a duty imposed on every citizen of India to allow a woman to experience the most basic of all rights — the right to life. The Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) ensures her right against female foeticide

Right against female foeticide

Right to propertyThe Hindu Succession Act allows women and men equal share in inheritance, thereby setting

new rules and regulations.

10 legal rights a woman must know

All female rape victims have the right to free legal aid, under the Legal Services Authorities Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority, who arranges for the lawyer.

The Crimes Identified Under the Indian Penal Code (IPC)(i) Rape (Sec. 376 IPC)(ii) Kidnapping & Abduction for different purposes ( Sec. 363-373)(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)(iv) Torture, both mental and physical (Sec. 498-A IPC)(v) Molestation (Sec. 354 IPC)(vi) Sexual Harassment (Sec. 509 IPC)(vii) Importation of girls (up to 21 years of age)

Right not to be arrested at night

woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a first class magistrate

SPECIAL INITIATIVES FOR WOMEN

(i) National Commission for Women : In January 1992, the Government set-up this statutory body with a

specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provided for women, review the existing legislation to suggest amendments wherever necessary, etc. (ii) Reservation for Women in Local Self -Government : The 73rd Constitutional Amendment

Acts passed in 1992 by Parliament ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas. (iii) The National Plan of Action for the Girl Child (1991-2000) : The plan of Action is to ensure

survival, protection and development of the girl child with the ultimate objective of building up a better future for the girl child. (iv) National Policy for the Empowerment of Women, 2001 : The Department of Women & Child Development in the Ministry of Human Resource Development has prepared a “National Policy for

the Empowerment of Women” in the year 2001. The goal of this policy is to bring about the

advancement, development and empowerment of women.