There is no doubt that women have come a long way when it comes to their empowerment. But If the “Me Too” movement is any indication, harassment and exploitation of women still exist in homes and offices. Sadly, due to ignorance, illiteracy, stereotypes tradition, women in our country are not fully aware of the rights that they can exercise to protect their dignity and feel empowered to fight against their perpetrators.
Here’s a list of gender-specific rights that a woman should be aware of to feel safe and strengthen their position in society.
- Right to Equal Pay: According to the Equal Remuneration Act, 1976, working women have the right to get an equal salary, as men, for the same work or work of a similar nature. Any disparity in the execution can be challenged in the Court of Law.
- Right against workplace harassment: To ensure a safe workplace for women, Under the Sexual Harassment of Women at Workplace Act,2013 a woman can file a complaint against sexual harassment like – sexual advances, requests for sexual favours, verbal/physical sexual harassment) at the workplace.
- Right to maternity benefit: Under Maternity benefit Act, 1961, every working woman has the right to get the full pay, for up to 26 weeks after delivery, if she is on leave to take care of herself and her newborn child.
- Right to an equal share in Inheritance: According to The Hindu Succession Act 1956, daughters get an equal share in the family property as sons.
- Right against Domestic Violence: A woman who is harmed, harassed, abused or injured behind closed doors, is protected under the Domestic Violence Act, 2005. The right empowers the woman to file the complaint if she is the victim of domestic violence.
- Right against female foeticide: It is a duty imposed on every citizen of India to allow a woman to experience the most basic of all rights — the right to life. With the main goal to curb female foeticide and prevent the misuse of prenatal diagnostic techniques, the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) came into being.
- Right to anonymity: To protect a woman’s privacy, especially if she is the victim of sexual assault, section-228(A) of the Indian Penal Code (IPC) gives the provision to record her statement anonymously before District Magistrate in an undertrial case, or presence of a female officer. A woman also has the right to file a Zero FIR, which means she can lodge an FIR at any police station irrespective of the location where the incident occurred. The Zero FIR can later be moved to the police station in whose jurisdiction the case falls. This provision saves the victim’s time and prevents an offender from getting away scot-free.
- Right to no arrest: As per section 46 of the Civil Procedure Code of India,1973 Police cannot arrest a woman before 6 am and after 6 pm, even if an arrest warrant is issued against the woman
- Right to not being interrogated at the police station: Under Section-160 of the Criminal Procedure Code a woman can refuse to go to the police station for questioning. The police can then interrogate her at her home in presence of a woman constable and family members.
- Right to register a virtual complaint: In case a woman is physically incapable to go to the police station to file a complaint, she can do so virtually via e-mail or send a written complaint through the post. Hereafter, a police constable is sent to her place to record her statement.
- Right to get free legal Aid: Under Section-12 of the Legal Services Authorities Act, 1987, a woman is entitled to get free legal aid irrespective of her financial status.
- Right against being stalked: Stalking, both online and offline ( harassing by following, telephone calls, computer communications, writing letters etc.) is recognized as an offence under Section 354D, and a victim can take legal action against the offender under this law.
“Don’t be oppressed, know your rights and claim them because when one woman stands up for herself, she stands up for all the women.”
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Milan, these are helpful points that you have consolidated. Right to free legal aid was new to me, from this perspective many women can come further and look for legal help.
True! We should know our rights and claim them too. Nice post.
This is insightful i guess . We should know about our rights .
I didn’t know about a few of these rights. It is very important to know about our rights. And more importantly, use them when needed.
important and good to know by everyone
Wow! I wasn’t aware of 2-4 laws listed here. Very informative and very well written . We all need to learn more about this 🙂 thanks.
This is such an informative post Milan. Thank you so much for listing and sharing this gender specific rights for women. I m sure many educated women including me did not aware of all these.
Your post is such an eye opener. I was totally unaware of Zero FIR, Kudos to you for thinking of sharing such useful information to all women in India.
very informative post.
A very informative post. Many are not even aware of these rights.
Very informative as well as important post. Despite of being well informed and educated most of the women are not aware of their rights. Thanks for sharing this.
A great post indeed! Most of the times we are unaware of the rights and this post of yours is a great way to spread awareness. Thank you for sharing an insightful post
I think many demany women are not aware about the legal rights and let go of many things and situation only because of being unaware. it’s very important to know our rights and practice them when need be.
This is a very helpful post for women. I was not aware of most of these myself.
The free legal aid one is a revelation for me.
Very helpful and these should be shared very widely so that no women in her rightful state is oppressed or faces harassment.
And I thought I knew about all the rights I have as a woman. I certainly didn’t know about the equal pay right and the no arrest right as well. Thanks for writing on such an important topic and creating awareness.
This is very informative. I didn’t know about a few of these, particularly about the free legal aid. Thanks for sharing about it.
Wow! I was unaware of these rights! Thank you for sharing them with us.