Know your
rights:
laws
that protect women and their rights
Crimes against
women occur every minute in India. Women are not safe, whether it is in their
houses, public places or at the workplace. Your safety in your hands sounds
like a clichéd adage to repeat. 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. As a parent, wife, daughter, employee and a woman these are
rights set in place to protect you and it is important that you are aware about
these.
Here are laws that women should know:
The
Prohibition of Child Marriage Act, 2006
According to
the International Research Centre for Women, almost 47 percent of girls are
married before the age of 18. Currently, India ranks 13 in the world when it
comes to child marriages. Since child marriage has been steeped into the Indian
culture and tradition since centuries, it has been tough eliminating it.
The Prohibition
of Child Marriage Act 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.
Special
Marriage Act, 1954
The objectives
of this act is to provide – a special form of marriage in certain cases,
provide for registration of certain marriages and, to provide for divorce. In a
country like India and with the diverse religions and cast, when people from
different faiths and caste chose to get married they do it under the Special
Marriage Act.
It is not
applicable to the state of Jammu and Kashmir and also extends to intending
spouses who are Indian nationals and living abroad.
Dowry
Prohibition Act, 1961
According to
this act, taking or giving of dowry at the time of the marriage to the bride or
the bridegroom and their family is to be penalised. Dowry system, giving and
taking of dowry, is a norm in India. Dowry is often asked of the bride and her
family by the groom and his family. The system has taken strong roots because
women after marriage move in with their spouse and in-laws. Also, over the
centuries, the lack for economic independence of women and the taboo towards
divorce has resulted in bride burning. When demands for dowry even after
marriage are not met by the girl’s families, many women are tortured, beaten
and even burnt.
It is one of
the major challenges that our society is grappling with. Women openly
complaining about it has helped to spread the word and encourage other women to
take a stand.
Indian
Divorce Act, 1969
The Indian
Divorce Act allows the dissolution of marriage, mutual consent, nullity of
marriage, judicial separation and restitution of conjugal rights.
Family Courts
are established to file, hear, and dispose of such cases.
Maternity
Benefit Act,1861
This act
regulates the employment of women and maternity benefits mandated by law. It
states that a woman employee who has worked in an organisation 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.
Medical
Termination of Pregnancy Act,1971
The Act came
into effect into 1972, was amended in 1975 and 2002. The aim of the Act is 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 of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013
To ensure women’s
safety at workplace, this Act seeks to protect them from sexual harassment at
their place of work. 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.
Indecent
Representation of Women(Prevention) Act,1986
This Act
prohibits indecent representation of women through advertisement or in
publications, writings, paintings, figures or in any other manner.
National
Commission for Women Act, 1990
The National
Commission for Women (NCW) is a statutory body of the Government of India,
established in January 1992. Lalitha Kumaramangalam was appointed its
Chairperson in 2014.
The NCW
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.
Equal
Remuneration Act, 1976
This Act
prevents discrimination in terms of remuneration. It provides for payment of equal
recompense to men and women workers.
It is necessary
to know these and other laws in place to protect the interests of women. Only
if you are aware of your rights can you fight against any injustice meted out
to you at home, at the workplace, or in the society.