KNOW MORE TO BE MORE

ABOUT RIGHTS AND SAFEGUARDS

As we are still brewing in the Kathua’s (Rasana) Minor Rape and Murder case, one cannot help but wonder what is the solution to end such menace and actually make our society free from any form of Crime-against-Women. Although, the idea is surreal and almost impossible but there sure must be ways to reduce and then eventually eradicate them. In order to take a small but crucial step towards lesser crime-against-women, We The Women has brought for you about the rights ensured to us, women and the safeguards provided. Without further ado, let’s dive in to get familiar with them.

The sex ratio of India is 940, according to 2011 census, implying that population-wise, for every 1,000 men in the country there are 940 women, indicating the differentiating approach of our society towards females. And then there are crimes against women that occur every minute somewhere around us. Women are not safe, whether it is in their houses, public places or at the workplace.

Hence, it's only essential and logical that laws that would support the women in every possible way against injustice, are legislated and safeguards are provided by the judiciary. Still, what could, mere framing and coding laws could do? Your safety in your hands might sounds like a clichéd adage to repeat but given the number of crimes that are committed against women, it is pertinent that women are aware about the laws that are in place to protect them.

Remember knowledge is power. The Indian judicial system has many laws to serve this purpose. Unfortunately, due to lack of public awareness, the laws fail to take action. As a parent, wife, daughter, employee and a woman one must be aware that there are laws, set in place to protect us.

Before moving forward to the legal protection it is necessary to put forward, constitutional right provided and preserved by constitution to ensure women’s wellbeing.

The rights and safeguards enshrined in the constitution for women in India are listed below:

· The state shall not discriminate against any citizen of India on the ground of sex [Article 15(1)].

· The state is empowered to make any special provision for women. In other words, this provision enables the state to make affirmative discrimination in favour of women [Article 15(3)].

· No citizen shall be discriminated against or be ineligible for any employment or office under the state on the ground of sex [Article 16(2)].

· Traffic in human beings and forced labor are prohibited [Article 23(1)].

· The state to secure for men and women equally the right to an adequate means of livelihood [Article 39(a)].

· The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].

· The state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength [Article 39(e)].

· The state shall make provision for securing just and humane conditions of work and maternity relief [Article 42].

· It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women [Article 51-A(e)].

· One-third of the total number of seats to be filled by direct election in every Panchayat shall be reserved for women [Article 243-D(3)].

· One-third of the total number of offices of chairpersons in the Panchayats at each level shall be reserved for women [Article 243-D(4)].

· One-third of the total number of seats to be filled by direct election in every Municipality shall be reserved for women [Article 243-T(3)].

· The offices of chairpersons in the Municipalities shall be reserved for women in such manner as the State Legislature may provide [Article 243-T(4)].

Coming on to the legal protection, here are few frequent injustices that take place, especially against women and the laws against them:

Child Marriage

The Prohibition of Child Marriage Act, 2006 was made effective in 2007. This act defines child marriage as a marriage where the groom or the bride are underage, that is, the bride is under 18 years of age or the boy is younger than 21 years.

Parents trying to marry underage girls are subject to action under this law. Since the law makes these marriages illegal, it acts as a major deterrent. Even before that The Child Marriage Restraint Act, 1929, prohibits a girl who is not 18 (age defined by the Hindu Marriage Act) to get married.

Dowry

Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any time after the marriage from women. It says that if any one gives or receives or even helps the exchange, he or she will face a jail term five years or more and a fine of Rs 15,000 or the sum of dowry, whichever is more.

Domestic Violence

Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation to protect women in India from all forms of domestic violence. It also covers women who have been/are in a relationship with the abuser and are subjected to violence of any kind—physical, sexual, mental, verbal or emotional.

This falls under Section 498A of the IPC. According to this law, any person can complain about any incident where a family member has offended him or her cruelly or with the intention of cruelty. This law is applicable for or against any member regardless of gender.

Conjugal Rights & Divorce

A bad marriage could be encountered by anyone. IN order to assist and wherever required draw out women from an intolerable, derogatory marriage, there are many provisions. Indian Divorce Act, 1969 allows the dissolution of marriage, mutual consent, nullity of marriage, judicial separation and restitution of conjugal rights.

Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek the dissolution of her marriage. Muslim Women (Protection of Rights on Divorce) Act (1986) protects the rights of Muslim women who have been divorced by or have obtained divorce from their husbands. Family Courts Act (1984) provides for the establishment of Family Courts for filing, hearing and speedy settlement of such family disputes.



Improper Police Procedure

Under the Civil Procedure Code and as per high court directive, every police station must have a lady officer, not of a post below that of Head Constable, available round-the-clock and the police shall also help the victim of sexual assault of any degree with counseling assistance and further aid towards the betterment of the victim. Besides, a woman can only be searched by a lady officer and can be arrested only in the presence of a lady officer. A woman cannot be arrested before sunrise or after sunset; however, exceptions can be made under the directive of the magistrate

Minimum Wage:

According to the Minimum Wages Act, 1948, the Government of India has set minimum wages for every section of profession that must be paid to any skilled, semi-skilled and unskilled workers. Then, Equal Remuneration Act, 1976 prevents discrimination in terms of remuneration. It provides for payment of equal recompense to men and women workers

Eve Teasing

Sections 294 and 509 of the Indian Penal Code (IPC) prohibit any individual or group of people pass any kind of offensive comment or execute any such gesture towards a girl of any age

Maternity Benefit

Maternity Benefit Act,1861, regulates the employment of women and maternity benefits mandated by law. It states that a woman employee who has worked in an organization for a period of at least 80 days during the 12 months preceding the date of her expected delivery is entitled to receive maternity benefits, which includes maternity leave, nursing breaks, medical allowance, etc.

Offensive Propaganda

The Indecent Representation of Women (Prohibition) Act, 1986, prohibits any individual or organization to publish or help post, publish, exhibit or advertise - online or offline - any kind of representation of women that can be considered to be indecent. It prohibits indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner.



Sex Determination And Selection

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (1994) prohibits sex selection before or after conception and prevents the misuse of pre-natal diagnostic techniques for sex determination leading to female feticide.

Medical Termination of Pregnancy Act, 1971, which came into effect into 1972 (amended in 1975 and 2002) aims to reduce the occurrence of illegal abortion and consequent maternal mortality and morbidity. It clearly states the conditions under which a pregnancy can be ended or aborted and specifies the persons qualified to conduct the same.

Sexual Harassment

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ensures women’s safety at workplace as it seeks to protect them from sexual harassment at all workplaces both in public and private sector, whether organized or unorganized.. Thirty-six percent of Indian companies and 25 percent among MNC’s are not complaint with the Sexual Harassment Act according to a FICCI-EY November 2015 report.

Sexual harassment at workplace also includes – the use of language with sexual overtones, invasion of private space with a male colleague hovering too close for comfort, subtle touches and innuendoes.

National Commission for Women Act, 1990

National Commission for Women Act (1990) provided for the establishment of a National Commission for Women to study and monitor all matters relating to the constitutional and legal rights and safeguards of women.

The National Commission for Women (NCW) is a statutory body of the Government of India, established in January 1992. It represents the rights of women in India and provides a voice for their issues and concerns. The National Commission for Women Act aims to improve the status of women and worked for their economic empowerment.

Other legal safeguards and references are:

Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for commercial sexual exploitation. In other words, it prevents trafficking in women and girls for the purpose of prostitution as an organized means of living.

Indian Penal Code (1860) contains provisions to protect Indian women from dowry death, rape, kidnapping, cruelty and other offences.

Code of Criminal Procedure (1973) has certain safeguards for women like obligation of a person to maintain his wife, arrest of woman by female police and so on.

Indian Christian Marriage Act (1872) contain provisions relating to marriage and divorce among the Christian community.

Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of the commission of sati and its glorification on women.

Legal Services Authorities Act (1987) provides for free legal services to Indian women.

Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain specified grounds. It provided equal rights to Indian man and woman in respect of marriage and divorce.

Hindu Succession Act (1956) recognizes the right of women to inherit parental property equally with men.

Minimum Wages Act (1948) does not allow discrimination between male and female workers or different minimum wages for them.

Mines Act (1952) and Factories Act (1948) prohibits the employment of women between 7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.

The following other legislation’s also contain certain rights and safeguards for women:

Employees’ State Insurance Act (1948)

Plantation Labour Act (1951)

Bonded Labour System (Abolition) Act (1976)

Legal Practitioners (Women) Act (1923)

Indian Succession Act (1925)

Indian Divorce Act (1869)

Parsi Marriage and Divorce Act (1936)

Special Marriage Act (1954)

Foreign Marriage Act (1969)

Indian Evidence Act (1872)

Hindu Adoptions and Maintenance Act (1956).

One cannot emphasize enough the relevance to know these and other laws in place to protect the interests of women. Only if you are aware of your rights you can fight against any injustice meted out to you at home, at the workplace, or in the society. If we have missed anything you are aware about write to us. WE THE WOMEN is an open platform for anyone to put forward their thoughts and opinions, all you have to do is mail it to us at [email protected]