Being treated as a marginalized section by the Male-dominated Indian society, women strived for their rights by showing their capabilities in every field. They demanded some special rights to prevent atrocities against them. For the nation’s future, which was not possible by ignoring rights for women, the government tended to their problems and provided special rights like right against workplace harassment, right against domestic violence, right of keeping identity as anonymous, right of free legal aid, right against indecent representation etc. Even at our platform, we aim to serve the women with the best quality of legal advice online with assured privacy and confidentiality and have written this blog for their education to serve the aforesaid purpose.
1. Right against Domestic Violence
Indian law provides many remedies to women for their protection from domestic violence as mentioned hereunder:
- Section 498A IPC
- Against– Husband or his relative.
- For– cruel treatment (Cruelty)
- Punishment– Imprisonment up to 3 years and fine.
Cruelty under this section has been defined as:
- any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
- harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
- Protection of Women from Domestic Violence Act, 2005.
- Against– a person who has lived or lives in a shared household with woman and at the time of living together they are or were in relationship of consanguinity (being descended from the same ancestors), or marriage (husband and wife), or in a relationship like marriage (like live-in relationships) or a relationship through adoption (like adopted brother and sister) or is a family member living together as a joint family.
- For– Domestic Violence including physical, sexual, verbal, economic and emotional abuse.
- Reliefs– Order of Protection, residence, custody, compensation, or monetary reliefs under Section 12 of the Act. It includes the restriction on the residence and physical movement of the person who inflicted violence in the same space with the victim.
- Punishment – For breach of protection order in form of imprisonment up to one year or/and fine up to Rs. 20000.
2. Right to Dignity and Decency.
Women have the right to be treated with dignity and decency and to ensure this treatment, law has provided certain provisions:
- Under Section 164A and Section 53(2)and Section 54 of CRPC, a female can only bemedically examined by a female registered medical practitioner.
- Under Section 51(2) CRPC, a female can only besearchedby another female with strict regard to decency.
- Under Section 47 CRPC, while searching a place where the person to be arrested is believed to be present, if the females (not being the persons to be arrested) are present at that place too and are the Pardanashinwomen, a notice is needed to be given before entering that place, to provide the liberty and reasonable facility to withdraw from the place if she opts to do so.
- Under Section 46 of CRPC, a female can only bearrestedbya female officer and male officer cannot touch her body while making arrest.
- Under 46(4) of CRPC, a female cannot be arrested after sunset and before sunrise except in some special circumstances with prior permission of Magistrate only.
- Under Section 26 of CRPC, Trials regarding offence of Rape to be tried by the Court presided by a female if possible.
- Under Section 154 CRPC, Information of some offences against woman, like assault, rape, sexual harassment etc. to be recorded by the female officer only.
- A female can inform the police regarding an offence virtually by mail or postal letter in case she is physically unable to reach station and the police officer will come to her place to record her complaint.
- Under Section 160 read with Section 157 and Section161, a woman or a female victim of Rape cannot be called as a witness at any other place like police station for the purpose of recording her statement or investigation. It is to be done at her residence or her place of choice only in the presence of those who she finds to be comfortable with and her statement can only be recorded by a female officer in case of certain offences like Assault, Rape, Sexual Harassment etc.
- Under Section 198 and Section 199, if the woman is a Pardanashin woman, then any other person can file the complaint for her regarding offences against marriage and defamation, with the permission of the court.
- Under Section 265A, an Accused cannot plea bargain in case of an offence committed against woman.
- Under Section 327, Inquiry and Trial of Rape Case to be conducted in Camera and not in public.
- Under Section 360, a woman who has no record of previous proved conviction, if convicted of offence not punishable with death and life imprisonment can be released on probation of good conduct instead of getting sentence at once.
- Under Section 416 CRPC, a pregnant woman cannot be sentenced to death or if she is found pregnant after sentence, the sentence should be changed to life imprisonment by the High Court.
- Under Section 437, a woman can be released on bail in those circumstances in Non-bailable offence in which Court or the police officer shall deny bail to a man.
- In case of Sexual Assault, a female victim can keep her identity anonymous and record the statement before Magistrate alone when case in under trial or in presence of female police officer.
3. Right against Workplace Harassment.
The Sexual Harassment of Women at Workplace Act provides the women every opportunity to get justice in case of sexual harassment at workplace and also provides the strict guidelines to prevent this kind of harassment.
4. Right to free legal Aid.
As per Section 12 of the Legal Services Authorities Act, 1987, a woman is entitled to free legal aid to get justice.
5. Right against Stalking
As per Section 354D of Indian Penal Code, a man is liable to be punished with imprisonment up to 3 years and fine if he stalks (follows, monitors or attempts to contact a woman despite of indicated disinterest by her) a woman . For a Second or subsequent convict, it can be up to 5 years and fine.
6. Right against indecent Representation.
The Indecent Representation of Women (Prohibition) Act, 1986 prohibits any kind of indecent representation of any woman through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.
7. Right to deny the medical examination.
Under Section 164A of CRPC, the victim can deny the medical examination even in case of Rape Case and no examination can be done without her consent or without the consent of the person competent to give consent on her behalf if she is unable to make any choice. In case she is unable to give consent, then the consent of her family member, closed relative etc. can be taken.
8. Right to refuse Complaint.
A Victim can refuse the complaint if the police officer receives the information regarding any offence committed against her by giving her statement of withdrawal of complaint in Writing.
9. Right against Sextortion, Voyeurism, kidnapping, Miscarriage, Criminal force, Assault, Sexual harassment, Rape, Criminal Intimidation, insult etc.
Indian Penal Code provides many special provisions of punishment to punish the perpetrators of the atrocities against women which are mentioned above. It also provides the punishment for enticing and detaining a married woman with criminal intent.
10. Right to have protection against Dowry Demands.
Dowry Prohibition Act prohibits the giving and taking of dowry and protects a woman from this financial burden. Section 498A IPC also punishes the husband and his family for cruelly treating the woman for the demand of dowry. Domestic Violence Act also provides relief to ensure the right of woman regarding protection against Dowry Demands. Section 304B IPC also provides the rigorous punishment for the “Dowry Death” with imprisonment of 7 years which can be extended for life.
11. Right to cause death during private defense against assault for abduction, kidnapping and rape.
Under Section 100 of Indian Penal Code, A woman can even cause death of a person if he assaults her with intention of Rape, kidnapping, Abduction etc.
12. Right to have share in Father’s and Husband’s Property.
A woman has the right to get the equal share in his father’s property with her other siblings and mother after her father’s death without will and also has the right to get share in her husband’s property after his death as per Hindu Succession Act, 1956.
So, these were some of the special rights which our law provides to the female to ensure their happiness, liberty, dignity, honor, privacy and freedom. If you need further information regarding rights of women then write query to us and get legal solution anywhere and anytime.