9 Legal Rights You Should Know As An Indian Woman

9 Legal Rights You Should Know As An Indian Woman

We live in a country where we worship goddesses but at the same time women are harassed, abused, raped every single day. Women’s rights are violated every day in our country and sadly, due to lack of knowledge and awareness. But the fact is that there are laws protecting women against crimes and providing them with the protection and rights they need and deserve. This is why it is important for every Indian woman to know her rights in a country like ours. Since most people are unaware of their legal rights, we’ve put together a list of women’s rights that we not just women but every citizen should know. And as Hillary Clinton said, “Human rights are women’s rights and women’s rights are human rights, once and for all.” Here are 10 women’s rights everyone should be aware of.

1. Right To Equal Pay And Opportunity

Article 15 of the Indian Constitution prohibits discrimination of a person on the grounds of religion, race, caste, sex or place of birth meaning that it gives women the rights to the same opportunities as men. Under section 4 of the Equal Remuneration Act, 1976, it is the duty of an employer to pay equal remuneration to the employee for the same work or work of similar nature irrespective of the gender of the employee.

2. Right To Live With Dignity

Every Indian citizen has the right to protection of life and personal liberty as established under Article 21 of the Indian Constitution. This means that every woman also has the right to live with dignity and shall not be deprived of her life or personal liberty.

3. Right To Free Legal Aid

Under section 12 of the Legal Services Authorities Act, 1987, a woman is entitled to free legal aid from the Legal Services Authorities if need be. If a woman visits a police station without being accompanied by an advocate she can demand the same to be arranged under this law.

4. Right To Confidentiality And Privacy

Under section 228A of the Indian Penal Code, the identity of a rape or sexual assault victim cannot be revealed by the police or the media or any other person in public. It is a punishable offence. Even the court cannot name the victim and can only describe her as ‘victim’ on paper and in judgements. A woman also has the right to maintain her anonymity and record her statement anonymously before the District Magistrate in the presence of a female cop.

5. Right To Protection Against Sexual Harassment At Workplace

The Sexual Harassment of Women at Workplace Act, 2013, is a law that protects women against sexual harassment at their workplace and also details the prevention and redressal of complaints of sexual harassment at the workplace. Under this act, a woman can write a complaint to an Internal Complaints Committee (ICC) in her place of work within 3 months of the incident.

6. Right To Maternity Benefits

Under the Maternity Benefit Act, 1961, a woman is entitled to continue working irrespective of her pregnancy and is also entitled to maternity benefit which paid leave of up to 12 weeks taken after childbirth. She is also allowed to rejoin work post her maternity leave and cannot be fired or demoted for the same.

7. Reproductive Rights

As per Indian laws, no woman can be forced to give birth or undergo an abortion. Under Article 21 of the Indian Constitution, no person can be deprived of the right to life and personal liberty and under this fundamental right comes the right to bodily autonomy. Along with this the Medical Termination Of Pregnancy Act, 1971, allows a woman to undergo an abortion up to 20 weeks of pregnancy with one doctor’s opinion but for a pregnancy of up to 24 weeks, a woman requires the opinion of two doctors.

Also Read: Delhi High Court Permits Woman To Terminate 28-Week Pregnancy, Cites Reproductive Rights And Freedom As Per Article 21 of The Indian Constitution

8. Zero FIR

As per a Supreme Court ruling, a woman can file an FIR at any police station irrespective of the jurisdiction or place of incident. This FIR is known as Zero FIR which can later be transferred to the concerned Police Station in whose jurisdiction the case falls.

Also Read: Karnataka College Bars Muslim Students From Entering Classrooms For Wearing Hijabs. This Is A Violation Of Fundamental Rights!

9. Right To Inheritance

Under the Hindu Succession Act, 1956, women are also granted the right to an equal share in family property. If a parent dies intestate (without a will) the property is equally divided between the daughter(s) and son(s).

Isn’t it empowering to know your rights?

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Janvi Manchanda

​​She uses her pen to slice through patriarchy. She could be Geet one day, Wednesday Addams next. Writing is the bane of her existence and the object of all her desires!

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