Laws Protecting Women in India

India’s legal framework offers robust protection for women through various legislations. These laws cover a wide range of issues, from fundamental rights and equality to safeguarding against domestic violence and workplace harassment. However, the effectiveness of these laws largely depends on their implementation and enforcement. In this, we’ll dive deep into the laws protecting women in India.

Key Constitutional Provisions

Equality before the law (Article 14)

Article 14 of the Indian Constitution enshrines the principle of equality before the law, a cornerstone of women’s rights protection. This provision ensures that all citizens, regardless of gender, are treated equally under the law. It prohibits arbitrary discrimination and ensures equal protection of laws for all citizens. It applies to both substantive and procedural laws.

Prohibition of discrimination (Article 15)

Article 15 specifically addresses discrimination, with particular emphasis on gender-based discrimination. This article is crucial for women’s rights in India. It Prohibits discrimination on the grounds of sex but allows for positive discrimination in favour of women. It ensures equal access to public spaces for women.

Right to life and personal liberty (Article 21)

Article 21 guarantees the right to life and personal liberty, which has been interpreted broadly by the courts to include various rights essential for women’s empowerment such as right to dignity, right to privacy, right to health and right to education.

Equal opportunity in public employment (Article 16)

Article 16 ensures equal opportunity in matters of public employment, which is vital for women’s economic empowerment. It prohibits gender-based discrimination in public employment. Allows for reservations for women in government jobs. It also ensures equal pay for equal work.

Criminal Laws Protecting Women

Indian Penal Code sections on rape and sexual assault

The Indian Penal Code (IPC) contains several sections dedicated to addressing rape and sexual assault:

• Section 375: Defines rape and its various forms.

• Section 376: Prescribes punishment for rape.

• Section 354: Covers assault or criminal force with intent to outrage a woman’s modesty.

Domestic Violence Act, 2005

This provides comprehensive protection to women against various forms of domestic violence. Key features include:

• Protection against physical, sexual, verbal, emotional, and economic abuse.

• Provision for protection orders and residence orders.

• Right to reside in the shared household.

Dowry Prohibition Act, 1961

This act aims to eradicate the practice of dowry. It prohibits giving or taking of dowry and demanding dowry directly or indirectly. Penalties include imprisonment and fines for offenders.

Sexual Harassment of Women at Workplace Act, 2013

This act addresses sexual harassment in work environments. It gives a comprehensive definition of sexual harassment. It mandates Internal Complaints Committee (ICC) in organizations. Outlines complaint and redressal mechanisms in workplace. Provides specifies penalties for non-compliance.

Civil Laws Safeguarding Women’s Rights

Hindu Succession Act, 1956

The Hindu Succession Act, 1956, as amended in 2005, marks a significant milestone in ensuring gender equality in property rights. This act grants women equal inheritance rights to ancestral and jointly owned property. Key features include equal rights for daughters in coparcenary property, removal of gender discrimination in agricultural land inheritance and expansion of women’s property rights in joint family property.

Muslim Women (Protection of Rights on Divorce) Act, 1986

This act aims to protect the rights of Muslim women in matters of divorce. It ensures a fair and reasonable provision for maintenance, return of property given to the wife at the time of marriage and provision for children’s maintenance.

Special Marriage Act, 1954

The Special Marriage Act provides a civil marriage framework for all Indian citizens, regardless of religion. It safeguards women’s rights by ensuring minimum age requirements for marriage, prohibiting polygamy and providing equal rights in divorce and maintenance.

Maternity Benefit Act, 1961

This act protects the employment of women during the time of maternity and entitles them to benefits. Key provisions include:

• Paid maternity leave for 26 weeks.

• Work from home options after the leave period.

• Mandatory creche facilities in establishments with 50 or more employees.

Specialized Legislations for Women’s Empowerment

Prohibition of Child Marriage Act, 2006

The Prohibition of Child Marriage Act, 2006 aimed at protecting young girls from early marriages. This act defines a child as anyone under 18 for girls and 21 for boys. Key provisions include nullification of child marriages, punishment for those who perform, conduct, or direct child marriages and appointment of Child Marriage Prohibition Officers.

Medical Termination of Pregnancy Act, 1971

This act legalizes abortion in India under specific circumstances, safeguarding women’s reproductive rights. Key points include:

• Allows termination up to 20 weeks of pregnancy.

• Requires consent of one registered medical practitioner for up to 12 weeks.

• Requires consent of two registered medical practitioners for 12-20 weeks.

Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994

This act aims to prevent female feticide and address the declining sex ratio in India. Important aspects include prohibition of sex determination before or after conception, regulation of genetic counseling centers and clinics and penalties for violations, including imprisonment and fines.

This article is authored by Hashim AK. He was among the Top 40 performers in the Legal Drafting Quiz Competition organized by Lets Learn Law.