Introduction
Worldwide that women were exploited, harassed, and killed, even deprived of fundamental human rights. In India, it was the same scenario for centuries. It is not easy for the people of India to change their backward social beliefs and practices. The Constitution provided and ensured many rights in various fields like socioeconomic education and politics. The fundamental right of the Indian Constitution ensures equality before the law and equal protection of the law which means, it prohibits discrimination against any resident of the country on the grounds of religion, race, caste, sex, or birthplace and ensures equal opportunity to all the citizens of the country, also concerning employment.[1]
The women’s rights and safeguards that the Constitution of India provides are:
Constitutional Rights and fundamental rights:[2]
- Article 15 (1): This article says that the state shall not discriminate against any native of India on the grounds of sex.
- Article 15 (3): This article says that the state has the authority to make special provisions for women. That means the state has permission to discriminate affirmatively favouring females. For example – Seat reservations for women in various fields.
- Article 16 (2): This article says that no person Shall be segregated against or be unsuitable for any office or employment under the state based on sex.
- Article 23 (1): This article says that human trafficking and enforced labour are banned.
- Article 39 (a): This article says that the State shall ensure sufficient means of livelihood for both, males and females.
- Article 39 (d): This article says that the government should ensure equal pay for equal work for both, males, and females.
- Article 39 (e): This article says that the state shall ensure the strength and health of the woman workers are not abused and that they are not forced to work that are not suited to their strength because of economic necessity.
- Article 42: This article says that. The state shall me pronouncements for securing just and human conditions for work and maternity welfare.
- Article 51. An (e): This article says that it shall be the duty of every citizen of India to renounce practices derogatory to women’s dignity.
- Article 243-D (3): this article says that. one-third total number of seats, in every village panchayat that is to be filled by direct election, shall we reserve for females.
- Article 243-D (4): This article says that one-third of the number of officers or chairpersons in the panchayat at each level child is reserved for females.
- Article 243-T (3): This article says that one-third of the total number of seats to be filled by election in all municipalities shall be reserved for females.
- Article 243-T [3](4): This article says that the offices of Chairpersons in the municipality shall be reserved for females. In the manner that this test legislature may provide.
- Article 498: This article gives women the right against domestic violence
- Female sexual assault victims have the right to keep their identities anonymous.
- Under the Legal Services Authority Act, female rape victims have the right to free legal aid.
- Women have the right not to be arrested at night under CrPC.
- Women have the right to register virtual complaints.
Property rights for women[4]
The government has given many relaxations to increase women’s ownership, as lower stamp duty relates. Property rights of women as daughter, mother, and wife.:
Hindu law:
- A daughter has equal rights in the ancestral property of her father. Ask the same as her brother, even if she is married.
- A wife has equal rights in the property of her husband, as the other legal hires.
- A daughter-in-law has no right to the property of her father-in-law till the time her husband is alive. After the husband’s death, the wife gets a right to the share of the property that her husband was entitled to get.
- When a woman gets the property, by any mode, like; gifts, will, or inheritance, she becomes the absolute owner and is free to deal with it.
- A widow has equal rights in the property of her husband as the children. widowed mother also has an equal share in the property of her son as other legal hires.
- The wife from the second marriage has the same rights in the property as. Offer husband as the first wife. The second marriage must be valid under the law.
- The children either Cerner, daughter of the second wife, are treated At par with the children of the first wife to inherit from the self-acquired property of their father. They do not get the right to ancestral property.
- The rights of women in agricultural land depend on customary practices and personal laws. After the appointment of the Hindu Section Act 2005, a woman was at par with men in the inheritance of agricultural land. But some states do not follow the amendment and thus the bias continues.
Muslim law:
- The property rights under Muslim law are based on personal laws and customs.
- If a Muslim woman inherits property, she becomes the absolute owner of her share and has full rights to it.
- In inheritance, she gets half the share of the world meal higher gets.
- If a Muslim woman wants to make a way law for property, she cannot give away more than one-third share of her property, and if her husband is the only hire, she can give two-third share by will.
Ten Woman Rights Act[5]
- The Equal Remuneration Act 1976:
This act aimed to provide equal remuneration to men and women workers Without any discrimination based on sex, against women in the matter of employment and matters connected to it.
- The Dowry Prohibition Act, 1961:
Asking are taking dowry during the marriage is prohibited. This act specifies that giving or receiving gifts during the marriage, to the bride or groom shall be not termed as dowry, There’s no penalty for it.
- The Immoral Traffic (Prevention) Act 1956:
The first section of this act says that prostitution is illegal. Owning a brothel or any similar establishment and living a livelihood out of money earned by prostitution is illegal and thus punishable under the law.
Section five of this act says that if a person procures, induces, or takes a child for prostitution then the person shall be sentenced.
- The Maternity Benefit Act 1961:
This act protects the employment of women during the time of their maternity and gives them a “maternity benefit”. In the maternity benefit, they get fully paid if they are absent at work when they are taking care of the child. All the related guidelines are mentioned in this Act.
- The Medical Termination of The Pregnancy Act 1971:
This act and the Preamble say that termination of certain pregnancies by registered medical practitioners and matters connected or incidental to it. This Act elaborates the cases in which termination is permitted.
- The Commission of Sati (Prevention) Act 1987:
This act prevents Sati (an ancient Hindu practice) practice, of voluntary or forced burning or burning alive widows. It was the first band under Bengal Sati Regulation 1829.
- The Prohibition of Child Marriage Act 2006:
This act prohibits the child marriage of a girl who is under the age of 18 and a boy who is under 21.
- The Pre- Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994:
The act prohibits all medical practitioners from conducting or helping anyone conduct sex selection. This act also provides the guidelines for parental diagnostic techniques.
- The Sexual Harassment of Women in Workplace (prevention and protection) Act 2013:
This act provides women protection against sexual harassment in their workplace.
- The Hindu Succession Act (Amendment) 2005:
This act enables daughters to have legal rights over the deceased property as the son.[6]
Conclusion
Unfortunately, many women do not know their rights. We all celebrate International Women’s Day, but it is the bitter reality that some part of our country still does not believe in woman empowerment. Woman empowerment means empowering women against social, economic, political, caste, and gender-based discrimination. Our nation’s daughters, mothers, sisters, and wives have suffered for years, and this continues today. The government has given women many privileges and special Rights against social evil. Supporting girls’ education can be a key to solving the world’s greatest problems. The more aware and educated they are, the more they contribute to societies and communities.[7] Thus, women’s rights hold the key importance to solving many inequalities and gender biases all over the world.
Author(s) Name: Isa Howlader (Amity University, Kolkata)
References:
[1] Constitution of India art 14
[2]Constitution of India art 15
[3]NRI Legal Services, ‘Women Rights in India: Constitutional Women Rights’ <https://www.nrilegalservices.com/constitutional-women-rights-india/> accessed on 07 July 2022
[4]NRI Legal Services, ‘Celebrating Women’s Day: Understanding Property Rights for Women<https://www.nrilegalservices.com/celebrating-womens-day-understanding-property-rights-for-women/> accessed on 07 July 2022
[5]India Today Web Desk, ‘11 exclusive rights for women every Indian needs to know’ India Today (New Delhi, 8 March 2016) <https://www.indiatoday.in/education-today/gk-current-affairs/story/11-women-rights-india-312263-2016-03-08> accessed on 07 July 2022
[6]Legopedia, ‘Top 10 Legal Rights Every Women Should Know’ LegoDesk<https://legodesk.com/legopedia/laws-womens-rights-in-india/> accessed on 07 July 2022
[7] Hubpage, ‘Importance of Women’s Rights: 13 Reasons Why Women Should Have Rights’ <https://discover.hubpages.com/politics/why-should-women-have-rights > accessed on 17 July 2022
