Nnowadays women are working hard on an equal footing with men, but today their image is of Abla Nari, some nefarious people try to take advantage of them, laws of Indian Constitution should be known by each and every women which have been made exclusively for them.
If we talk about women rights, there are many people who do not know about the rights and that is why they sometimes are victimized by the police officials whereas in our constitution a woman has been given many rights. If you have information and awareness of the society, then using these rights, you can become a better aware citizen. So let’s know what are the rights that the Constitution gives to every woman in India. By going through this article you achieve a step further of becoming an intelligent and a smart citizen.
Right in a ‘Live In’ Relationship
Live In relationship is an arrangement where a couple live together without a legal binding relationship which arises through marriage. In such a relationship, the woman gets the equal rights of a married woman. If a male partner is mentally or physically disturbed by a female partner, then the woman can take help of domestic violence law. The child born out of this relationship also has an authority in the property. If a married man lives in Live In Relationship then the first wife will also have all the rights to get his expenses from the partner.
The woman living in live-in relationship is entitled to protection under the Domestic Violence Act. If she is harassed in any way, then she can complain against her live-in partner. While staying in Live In, she also gets a right-to-shelter. That is, till the relationship is maintained, she cannot be forced to be removed from the house. But at the moment the relationship ends, this right gets over. Women living in live-in also have the right to get alimony, but after the death of a partner, she cannot get rights in their property. If while living in a live-in, the partner writes an asset to live-in partner through a will or any testamentary, then after the death the property goes to the partner.
Right of a Wife after Partition (Real Estates Rights)
Under the Hindu Marriage Act, 1955, the wife can demand a partition for her husband’s property. Under the Hindu Marriage Act, 1954, women could not demand the share of the property. But now, after the 2005 Amendment to the Act, the ancestors also have the right to participate. The widow deserves a partial allowance and part of a property. The married woman has an equal right to husband’s property.
Working Women Rights
There is a provision for action to remove the employee from work if he proposes a sexual contact with any female employee. Moreover, women cannot be compelled to work before sunrise and after sunset. If the woman does not want to stay in office after 6 pm, she cannot be compelled to stop. Women can file a complaint against harassment in the office. Women have the right to equal pay on par with men for the same work done.
Maientance Rights of Women
A woman’s right has the owner’s right to the husband’s property, but it is a duty of the husband to give alimony to the wife. The woman has the right to get maintenance from her husband. There are several legal provisions through which the wife can ask for alimony. According to legal experts, demand for an allowance under CrPC, Hindu Marriage Act, Hindu Adoption and Maintenance Act and domestic violence law can be demanded. If the husband has made a will, then the wife gets a share in the property.
If the will is not there, the wife will get a share in the husband’s own acquired property, and not in the ancestral property.
Rights Of Women Against Sexual Acts
Strict laws have been made for crimes like sex abuse, molestation or rape. There are several provisions for strict punishment for women against whom such abusive acts are committed. After the Delhi gang-rape case, the government has created Anti-Rape laws. The legal definition of Rape was changed through an amendment thereafter. Under Section 34 of the IPC, both the physical penetration as well as oral was considered as rape within the definition of the rape. Apart from the penetration of private parts, the penetration of anything has also been kept under this scope. Now, if a person is penetrating a woman’s private parts or otherwise, he will be said to have committed the offense of rape. The case of Rape in which the victim dies or goes to coma, a punishment of Death penalty is given to the accused. The provision of punishment is at least 7 years which may extend to life imprisonment and further to Death Penalty in the ‘rarest of rare cases’. Further, if a man commits a rape does the offense again during his lifetime, the law makes it mandatory to hang him.
Rights in Government Jobs and otherwise
Under Article-42 of the Constitution, if a woman is in a government job or works in a private body, she has the right to take maternity leave. Under this, the woman gets a three months maternity leave, which she can take according to her own needs. During this period, women will be given full salary and allowance. Even if the woman gets an abortion, she will get the benefit. Apart from this, he can take a two-year break at any time till his 18th birthday during his job.
During maternity leave, she cannot be fired from the job on the ground that she was unable to attend the office. If a woman’s employer tries to deprive her of this benefit, then the woman can complain. The woman can go to court and the culprit can be sentenced to one year’s imprisonment.
Rights against Dowry
Strict provisions have been made in the law to deal with dowry torture and other matters of atrocities against women at the home of her in-laws. The women get a safe environment in her in-laws’ house, it is a sure-fire arrangement in the law. In order to protect women against dowry, Section 498-A of IPC was made in 1986. It is called the Dowry Restraint Law. If a woman is tortured mentally, physically or otherwise for dowry then the case is lodged against the husband or his family whoever demands the same.
It has been categorized as a cognitive offense. It is also a non-bailable offense. All the in-laws and husbands who are oppressing the women for dowry can be accused.
Rights Related To Property
According to the Hindu Succession Law Revision 2005, the daughters have the same right to the father’s property as it is in the case of sons. If a woman’s brother opposes giving her sister rights in her property, she can bring a suit to the court of law for the same. This law truly gives equal status to women legally.
Rights related to salaries
If a woman is employed in any company, then she has the right to get a salary equal to her male counterpart. Accordingly, this provision applies to all companies under the Equal Remuneration Act 1976. If a company discriminates any of its female workers in any manner in, then that women have a right to demand equality under the Constitution of India.
These are few of the rights that provides a shell to all women in the nation, what is needed is the awareness that we need to spread. There are many more laws that protect the rights of women and it is very important for them to fight for their rights.