Women Rights

 

Concept of Stridhana

 Stridhana consists of two words – ‘Stri’ meaning Woman and ‘Dhan’ meaning wealth. Therefore, Stridhana means Women’s wealth or property. Unlike other properties in her hand, she has absolute right over Stridhan. She is free to transfer Srtidhan property by way of sale, gift or will and on death descended to her own heirs.

Hindu Women’s Right to Property Act, 1937 The Act conferred new rights on the widow of a deceased Hindu coparcener. The Act recognized the rights not only the widow of deceased coparcener but also gave rights to the widow of predeceased son and widow of the predeceased son of a predeceased son. Before this Act came into force, the share of the deceased coparcener in an undivided family would pass on to the surviving coparceners, and such widows had no right to claim it. They could have claimed only maintenance and right of residence out of the estate of the deceased

Hindu Code Bill

The background of the Hindu Code Bill can be understood in the context of movement around the need to codify the Hindu personal laws and come up with a unified legislation. A Hindu Law Committee was set up under the chairmanship of B.N. Rau to work on the codification of the Hindu Personal Laws

In Dr B.R Ambedkar’s opinion, the law should grant women equal rights and equal ownership in the property. Ambedkar was against the notion of customs that were prevalent in India at that time. In defense of the Hindu Code Bill, he said that the Bill was trying to raise the status of daughters. Most of the members of the Parliament were unhappy with the changes that the Hindu Code Bill sought to bring

Hindu Succession Act, 1956

The HSA, 1956 was passed to lay down rules for devolution of property of a Hindu. Later it was amended by Hindu Succession Amendment Act, 2005. HSA, 1956 retained the concept of the Hindu Joint Family and the Coparcenary. Section 6 of HSA, 1956 introduced the concept of notional partition and further diluted the concept of survivorship in the Mitakshara joint family. Gender biasness continued under HSA, 1956 as daughter was not made a coparcener even under HSA, 1956. The daughter became coparceners after the amendment of HSA, 1956 in 2005.

India ratified CEDAW in 1993. Although the convention lacks a provision explicitly addressing violence against women, it enjoins states party to ‘modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.

Protection of Women from Domestic Violence Act, 2005

 Prior to the enactment of the Protection of Women from Domestic Violence Act, 2005 (hereafter, PWDVA or the Act) there were several laws in India that punished different forms of domestic violence. These included: Dowry Prohibition Act, 1961; IPC provisions Section 498A (cruelty)  and Section 304B (dowry death).27 The PWDVA came into force in 2006 to provide: a comprehensive definition of domestic violence, various civil remedies and the creation of support structures to aid its implementation and help to effectively resolve the plight of domestic violence survivors.28 It is a civil law with criminal features supplementing the existing family, property and criminal laws29 and it recognises domestic violence as a human rights issue and a serious deterrent to development which criminal law is unable to address in its entirety.

Dowry Prohibition Act

In 1961, Indian Parliament enacted the Dowry Prohibition Act (DPA), which was later amended in 1984 and 1986, making the dowry practice a criminal offence. Section 3 of the Act punishes both giving and taking of dowry with imprisonment for a term of not less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of value of such dowry, whichever is more.

Section 498A, IPC:

Cruelty The DPA has proved largely ineffective in eradicating the practice of dowry. Further, it did not contain any provisions to address the issue of cruelty and harassment on the ground of dowry. Therefore, in the year 1983, Section 498A was added to the Indian Penal Code (IPC) to punish husbands and his family members who subject the woman to cruelty, including for dowry-related reasons.

Section 304B, IPC

 Dowry Deaths In the year 1986, Section 304B was introduced in the IPC to make “dowry death” a separate criminal offence.

304B. Dowry death. (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

 

The Hindu Marriage Act 1955

The Hindu Marriage Act 1955 entitles both the husband and the wife to file a petition before the courts of law for divorce. Further, a wife may seek a divorce also under Section 13 (2) on the grounds.

A Hindu who has been divorced can marry again once the divorce has been finalized, that is once the period of filing an appeal against the divorce has expired or the appeal having been filed has been dismissed

Section 2 of The Dissolution of Muslim Marriages Act 1939 lays down the following grounds on which a Muslim woman can file for a decree of divorce. By virtue of Section 3 of The Muslim Women (Protection of Rights on Divorce) Act 1986, a divorced Muslim woman is entitled to maintenance.

The Supreme Court of India in Danial Latifi v. Union of India48 authoritatively laid down the post-divorce maintenance rights of Muslim women. It was held that the expressions ‘reasonable and fair provision’ and ‘maintenance’ as under Section 3(1)(a) of The Muslim Women (Protection of Rights on Divorce) Act 1986 covers different things, and that the husband is liable to make reasonable and fair provision for the future of the divorced wife which included her maintenance as well.

Sections 375 and 376, Indian Penal Code

Section 375 of the Indian Penal Code (IPC) defines rape. The original section included within the ambit of its definition of rape: forceful sexual intercourse with a woman in the absence of her consent; absence of her free consent due to fear of death or hurt; lack of knowledge that the sexual intercourse she was consenting to was not with her husband; and sexual intercourse with a girl below the age of sixteen irrespective of consent.26 Section 376 provides the punishment for rape.

The Protection of Women from Sexual Harassment at Workplace Act, 2013

POSH Act 2013 is a landmark legislation in India that seeks to protect women from sexual harassment. This law has enabled Indian women to stand up for their rights and assert their autonomy in the workplace. 

Through this Act, the government has sought to provide women with a safe and secure working environment and has put in place mechanisms to prevent and redress complaints of sexual harassment.  This Act makes it mandatory for employers to provide a safe and secure work environment to female employees. It also requires employers to set up Internal Complaints Committee (ICC) in their organisation to address complaints of sexual harassment. 

The Medical Termination of Pregnancy Act (1971)

It is an Act of Parliament which allows a termination of pregnancy to be carried out under certain conditions, by a qualified person in an approved location. The law is liberal in its intent and allows a pregnancy termination.

Right to free legal aid

If you are an aggrieved woman, you are entitled to claim free legal services from the legal services authorities recognized under the Legal Services Authorities Act, 1987 irrespective of whether you can afford legal services on your own. There are District, State, and National legal Services Authorities constituted at District, State and National level respectively. Legal services include assisting in the conduct of any case or other legal proceedings before any Court or tribunal or authority and advising on legal matters.

Maternity Benefit Act, 1861:

Regulates the employment of women for certain periods before and after childbirth and to provide maternity benefit. S. 5: Provides all the maternity benefits available to a woman working in an organised sector.

The Companies Act, 2013

 As per the second Proviso to Section 149(1) read with Rule 3 of the Companies (Appointment and Qualification of Directors) Rules, 2014, every listed company, every public company having paid-up share capital of Rs. 100 crore or more, and every public company having a minimum turnover of Rs. 300 crore or more, makes provision for at least one woman director.

Equal Remuneration Act (ERA), 1976

S. 4: States that the employer has to pay equal remuneration to men and women workers for same work or work of a similar nature.

Industrial Disputes Act, 1947

 Provided for same wages and other facilities to women workers and provision of creches, feeding intervals, etc. at the workplace.