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Unveiling Hidden Rights and Unexplored Laws Empowering Women

Abstract:

Indian laws are diverse and broad in nature. In a country that was once ruled by a colonial empire, many laws inherit their essence from the time of imperialistic rule. However, the changing norms of society provided a new dimension to enact and enforce laws. Many legislations that were once introduced by Britishers today exist in their modified form. Since the drafting of the Indian Constitution, Indian laws adhere to the rules and guidelines of the Universal Declaration of Human Rights. As of March 2024, there are about 893 Central Laws as per the online repository hosted by the Legislative Department, Ministry of Law and Justice, Government of India. The law in nature is evolving. It brings a constant change in society according to its variance. With the appreciable advancement of law, the old aged shackles lose their charm and get rusted. It gains more emphasis on liberal identity and is determined to ostracize the "principle of condescension." The archaic statute of considering women weak is now a remnant of a foregone era. Women today can boldly and intrepidly assert their legal rights and are no longer under the compulsion to follow conservative norms and devote themselves to the perverse sense of human egotism. There are many unexplored and unknown laws granting women their rights.

 

With the concept of equality as enshrined in Article 14 of the Indian constitution, we adhered to its principles by implementing different acts with time in memorial; there is no doubt that earlier, the number of laws available for women was much lesser than today. With the evolution of time, the concept of equality has also revolutionized to ensure fairness and equality for women, and multiple acts have been passed for the benefit of women as of now. Nevertheless, a lot has been to be done to ensure the equal principle that women deserve and bring about an equitable society. 


In aspects of family matters, criminal offenses, and granting rights in employment to women, different laws govern their well-being. One of them is the Protection of Women from Domestic Violence Act 2005. This is the most widely used law by women in India. This law provides for the strict legal action taken against the husband or in-laws or any harassment they take against the women.


To protect women from any harassment at their workplace, we have the Sexual Harassment of Women at Workplace Act 2013.


In case a woman has experience rape or the pregnancy is because of a cause which may pose a risk to her physical or mental well-being, the woman is granted to end her pregnancy within 20 weeks under the Medical Termination of Pregnancy Act 2012.


The Indian government also recognizes the Maternity Benefit Act 1961. Women are granted 12 weeks of maternity leave. With the amendment of 2017, this has increased to a maximum of 26 weeks. Similarly, we have acts like the Prohibition of Child Marriage Act 2006, the Hindu Succession Act 1956, which provides rights to women to ensure equality. However, these are very well-known laws.


There are also hidden and unexplored laws and provisions which women are not well aware of or know about, some of which are discussed below:- 


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  • There are provisions of the Dowry Prohibition Act of 1961, which is not well known by the people. Women and their families, in particular, have, from time immemorial, faced this evil of dowry. On the face of performing a necessary ritual or in the name of customs and traditions, women have been historically agonized and continue to do so. As per information received from NCRB, the number of cases registered under the Dowry Prohibition Act, 1961, during 2018, 2019, and 2020 are 12826, 13307, and 10366, respectively. Further, the cases registered under Dowry Deaths during these years are 7167, 7141, and 6966, respectively. The data shows a decline in the number of cases under the Dowry Prohibition Act of 1961 and Dowry Deaths in 2020, as well as in 2018 and 2019. This indeed presents a sanguine picture when it comes to dowry-related violence and deaths, but there’s a lot to it that needs to be done, as one cannot neglect factors like underreporting of cases, often due to fear of subjugation or threats. When it comes to dowry-related violence, one provision that often comes to our mind is Section 498A of the Indian Penal Code 1860, or, as of now, Section 80 of the Bharatiya Nyaya Sanhita, which deals with dowry deaths. The Dowry Prohibition Act is a special legislation to counter and curb the menace of dowry-related violence and deaths. The statute applies to person(s) of every religion, cult, faith, etc. The act makes dowry a cognizable, non bailable, and non compoundable offense. Section 3 of the act provides for the punishment of a minimum of 5 years and a fine of a minimum of 15 thousand rupees or equivalent to the value of the demanded value of the dowry, whichever is more. Section 8A, the burden of proof, the court will assume them guilty unless they prove it otherwise, making the offense even more stringent in nature. 

  • We also focus on equal rights and equal wages to all genders, and the Equal Remuneration Act of 1966 provides non-discriminatory equality-based wages to all. Article 39(d) of the Constitution of India provides that the state shall direct its policy towards securing equal pay for equal work for both men and women, so this statute is, in a way, giving effect to the said DPSP. Even the Board of Control for Cricket in India announced equal pay for men and women cricketers in 2022, thus making a step towards gender parity and women empowerment.

  • Our government also ensures the decency of the women in India, and for this, the Indecency Representation of Women Act 1986 was passed, according to which there can be no indecent representation of women in any form, be it in caricature print or advertisement.

  • Every woman is entitled to maintenance by Section 25 of the Hindu Marriage Act, which talks about permanent alimony, whereas according to Section 24 of the Hindu Marriage Act, both husband and wife are entitled to claim maintenance depending on the gravity of the matter. However, the State provides section 18 of the Hindu Adoptions and Maintenance Act, 1956, where a Hindu Wife shall be entitled to be maintained by her husband during her lifetime. Unlike section 24 of the Hindu Marriage Act, where both husband and wife can seek maintenance, this section is majorly limited to the wife seeking maintenance. 


The Delhi High Court, in its one such recent judgment in Nidhi Sudan V. Manish Kumar Khanna, held that merely because a wife is earning does not automatically operate as an absolute bar for awarding maintenance. The court opined on the opinion that the obligation of the husband to provide maintenance is on a higher pedestal than that of the wife.


Maintenance is a universal human right and is not merely constrained to its legal avenues. In yet another case, The Delhi High Court in Kusum Sharma v. Mahinder Kumar Sharma (2020) has ruled that maintenance is not only a constitutional right but also an element of universal human rights.


It is not known much that, with the amendment of section 125 in 2001, the concept of granting Interim Maintenance was introduced. 


  • After the horrendous Nirbhaya gang rape, the term "digital rape" was coined, defining it as a rape offense under sections 375 and 376 of the Criminal Law Amendment Act 2013. The definition of rape was revised and divided into four categories. Section 375 (b) of the Indian Penal Code, 1860, specifically addresses digital rape. The stipulations of section 375 (b) states that if a man uses any object or body part other than his own genital (penis) to penetrate a woman's private part (vagina, urethra, anus), either by himself or through another person, it constitutes digital rape. Now, for the Bharatiya Nyaya Sanhita, Section 63(b) and 63(c) deals with it. 

  • It is also necessary to keep in the picture that female rape victims are entitled to free legal aid under the legal service authority act. This activity ensured that women had legal system support during their challenging times.

  • Also entitled to the right not to be arrested at night.  Unless a special order is given by the first-class magistrate, women cannot be arrested after sunset or before sunrise.

  • Women also have the right to file complaints virtually if they are physically not fit to come to the police station, and while reporting, it is also necessary to have a women constable aside.

  • Under section 160 of the Indian Penal Code, a woman has a right not to be physically present in the police station for interrogation and can do the same in her residence.

  • While the Bhartiya Nyaya Sanhita bill introduces the concept of zero filing, women have already been granted this right in case of rape victims. Women have the right to file the case in any of the police stations, but they do not necessarily have to file it under the jurisdiction where the offense took place.

  • Rape is a crime and not a medical condition. A rape victim needs to be medically examined under section 164 of the criminal procedure code, and a rape case cannot be dismissed only if the doctor says that rape has not taken place. 

  • Section 354D of the Indian Penal Code and Section 78 of the Bharatiya Nyaya Sanhita ensure women's safety. This section talks about stalking, which is done in any medium, either physical or electronic medium. It ensures legal action against those people who stalk women. If a woman is being stared at for more than 15 seconds by a man, then she can take action against him or slap him.

 

In conclusion, delving into the less-explored legal safeguards for women in India uncovers opportunities for empowerment and fairness. Despite existing challenges, understanding and implementing these laws have the potential to promote gender equality and foster a more just society. Along with these, there are some other laws and provisions that have not been discovered by many. Moving forward, it is essential to advocate for the enforcement and development of these laws,  ensuring that every woman in India can assert her rights and experience a life free from prejudice and inequity, which in turn will make us reach the dream of achieving a more just and equitable society. 

 

*This article is authored by Wafiya Faiz & Samarth Chawla, Students of Faculty of Law, Jamia Milia Islamia, New Delhi and reviewed by Radhika Bhargava, Chief Editor, Lawpinion.



 
 
 

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