Posts in category: Legal

The rights of women under Indian law are guaranteed through the Constitution of India, statutory laws, and judicial precedents. These rights aim to promote equality, protect dignity, and ensure social justice for women. Below is a comprehensive list categorized into Constitutional, Legal, Personal Law, and Special Rights:

I. CONSTITUTIONAL RIGHTS OF WOMEN

1. Right to Equality – Article 14
   1. Equal protection of the laws for men and women.
      
      
2. Right Against Discrimination – Article 15(1) & (3)
   1. Prohibits discrimination on the basis of sex.
   1. Allows the State to make special provisions for women and children.
      
      
3. Right to Equal Opportunity in Public Employment – Article 16
   
   
4. Right to Life and Personal Liberty – Article 21
   1. Includes right to dignity, privacy, reproductive autonomy, etc.
5. Directive Principles – Article 39(a), (d), (e)
   1. Equal pay for equal work.
   1. Protection against exploitation and abuse.

II. LEGAL RIGHTS OF WOMEN UNDER STATUTORY LAWS

A. Protection from Violence and Abuse

1. Protection of Women from Domestic Violence Act, 2005
   1. Right to reside in shared household.
   1. Protection, residence, maintenance, and custody orders.
      
      
2. Section 85 Bharatiya Nyaya Sanhita (BNS)
   1. Protection against cruelty by husband or in-laws.
      
      
3. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
   1. Right to a safe and harassment-free workplace.
      
      
4. The Bharatiya Nyaya Sanhita (BNS) (Sec 74, 64, etc.)
   1. Punishment for outraging modesty, assault, rape, stalking, etc.

B. Reproductive and Health Rights

1. Medical Termination of Pregnancy Act, 1971 (Amended 2021)
   1. Right to safe and legal abortion under certain conditions.
2. Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT)
   1. Prohibits sex-selective abortions and female foeticide.

C. Marriage and Divorce Rights

1. Hindu Marriage Act, 1955
   1. Right to maintenance, divorce on grounds like cruelty, adultery, desertion.
2. Muslim Personal Law
   1. Right to mehr, maintenance (iddat), khula (divorce by wife).
3. Special Marriage Act, 1954
   1. Inter-caste/inter-religion marriage rights.

D. Maintenance and Property Rights

1. Section 144 BNSS
   1. Right to maintenance from husband after separation/divorce.
2. Hindu Succession Act, 1956 (Amended 2005)
   1. Equal coparcenary and inheritance rights for daughters.
3. Muslim Women (Protection of Rights on Divorce) Act, 1986
   1. Right to maintenance and mehr after divorce.

E. Workplace and Labour Rights

1. Equal Remuneration Act, 1976
   1. Equal pay for equal work.
2. Maternity Benefit Act, 1961
   1. 26 weeks paid maternity leave.
3. Factories Act, Shops and Establishments Act
   1. Welfare measures and working conditions for women.

III. SPECIAL BENEFITS FOR WOMEN

1. Free Legal Aid – Under Legal Services Authorities Act, 1987
   1. Women are entitled to free legal services.
2. Reservation in Local Bodies – Constitution (73rd & 74th Amendments)
   1. 33% seats reserved in Panchayati Raj institutions.
3. Fast Track Courts for Crimes Against Women
4. Right to Privacy in Reporting Sexual Offences

IV. LANDMARK JUDGMENTS UPHOLDING WOMEN’S RIGHTS

1. Vishaka v. State of Rajasthan (1997) – Guidelines against sexual harassment at workplace.
2. Joseph Shine v. Union of India (2018) – Struck down adultery law (Section 497 IPC) as discriminatory.
3. Shayara Bano v. Union of India (2017) – Triple Talaq declared unconstitutional.
4. Indian Young Lawyers Association v. State of Kerala (2018) – Sabarimala temple case; women have right to enter.

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