Law about Women`s Rights in India
(a) The rights of adult/married women under the General Employment and Physical Welfare Laws are specifically mentioned here. In this context, it should be noted that Articles 15 and 16 of the Constitution of India prohibit discrimination against a “citizen” on the grounds, inter alia, of sex or on matters related to employment or appointment to elective offices of the State. (b) With regard to the issue of the physical well-being of married women, it may be noted here that a husband or his family members who treat a woman cruelly may be liable to imprisonment for up to three years and a fine under Section 498-A of the Indian Penal Code, but the death of a woman married in a manner other than under normal circumstances within 7 years of her marriage may be considered a “dowry-related death”; if it is proven that she was cruel or harassed by her husband or a relative shortly before her death, or as part of a dowry request. (c) In the case of a woman assisted by suicide, the instigator may be punished by imprisonment for up to ten years in addition to the fine. The rape and death of a student in New Delhi in December 2012 sparked national enthusiasm for the Indian authorities` laxity on sexual violence. After other such incidents surfaced, including the gang rape and hanging of two teenage cousins in Uttar Pradesh, critics began to examine aspects of Indian society that many believe have perpetuated violence and discrimination against women. The high-profile cases have drawn attention to the broader issue of women`s rights in India, a country that ranks ninety-eight out of 128 countries in the ranking of women`s economic opportunities. Women in India face a myriad of cultural challenges that hinder social progress, analysts say. Discriminatory family laws, lack of education and cultural stigma are just a few examples. Increased media attention to these inequalities has increased pressure on the government not only to reform the institutional treatment of women, but also to raise the level of dialogue on the broader issue of women`s rights in a rapidly modernizing society.
However, some analysts argue that the government`s actions were just an instinctive political tool and will not improve much for women in the long run. “It`s kind of a band-aid,” Coleman says. “Laws alone will not change that. Not that laws don`t matter – they do – but we`re talking about social attitudes, cultural practices, and these don`t change overnight. “Do not be oppressed, know your rights and demand them, because when a woman defends herself, she defends all women. Many human rights groups say the government still has work to do, particularly because it has failed to ban marital rape and manage legal impunity for military personnel. However, other activists say the new measures, which included much harsher sentences for a range of crimes, represent some of the most significant advances in India`s laws protecting women. On December 10, 1948, the United Nations adopted the Universal Declaration of Human Rights, which proclaims that all human beings are born free and have the same right to dignity. Similarly, the Constitution of India guarantees several rights, such as the right to equality under Article 14, the right to life and personal liberty under Article 21 of the Constitution for all citizens, regardless of gender. Article 47, paragraph 2, of the Code of Criminal Procedure stipulates that no place or dwelling occupied by a woman who is not the person to be arrested may be searched by a police officer, etc., until the resident is informed that she is free to withdraw from it.
According to Article 100 § 3 of the Code of Criminal Procedure, if there is a reasonable suspicion that a searchable object is concealed on herself, a woman may be carried out by another woman only in strict accordance with decency. (c) No person under the age of fifteen or a woman may be summoned to the police station by a police officer in connection with the investigation of a case. (d) (i) Section 26.18-A of Volume 3 of the Punjab Police Regulations, 1934 (under the Police Act, 1861) provides that all arrests of women, whether warranted or not, whether on bail or for offences not responsible, may only be made by a police officer who is not of the rank of Deputy Deputy Inspector of Police. or, in the absence of such an official, by a senior police officer in the presence of male relatives responsible for the woman and responsible village or city officials. (ii) The arrest of a woman must also be notified by the arresting officer to the Chief of Police, and the reasons must be given if the arrest was made by an officer below the Deputy Deputy Inspector. (iii) This rule further provides that no woman in police custody may be detained in a police station even for one night, except in unavoidable circumstances, and that the police officer who assists a request for pre-trial detention of a woman is obliged to take the necessary measures to ensure that the woman is properly detained. (iv) The above-mentioned rule further requires that women who participate in police investigations and investigations (as opposed to those who are arrested) cannot be detained for a strictly necessary period and, furthermore, they cannot be forced to go to the police station between sunset and sunrise. (e) When a woman is arrested, it is essential that the arresting officer prepare a note stating the reasons for the arrest, the place where the arrested person will be detained after the arrest and the time at which he or she will be brought before the court. A copy of this arrest report must also be given to the family members or relatives or neighbours of the arrested person, as ordered by the Supreme Court in D.K.
Basu v. State of West Bengal (1) SCC 416 of 1997. (f) Every detained woman is entitled to free legal advice under section 12 of the Legal Services Authorities Act 1987 and it is the responsibility of the court before which she is brought to be entitled to free legal advice, as described in Khatri and Others v. State of Bihar reported in AIR 1981 SC 928 and followed below. Sukh Dass v. Union Territory of Arunachal Pradesh reported in AIR 1986 SC 991. (g) If a woman is sentenced to death by a court for heinous crimes such as murder, etc., her sentence of execution must be postponed and may even be commuted to life imprisonment, as provided for in article 416 of the Code of Criminal Procedure. (A) It may also be mentioned here that Section 312 of the Indian Penal Code prohibits any person from wilfully miscarrying a woman, and that this violation is punishable by imprisonment for up to seven years and a fine, but if such miscarriage is carried out without the woman`s consent, This act is punishable by up to ten years` imprisonment and a fine. (B) If a person attempts to miscarry without the consent of the pregnant woman without her good faith and commits an act that causes the death of the woman, he or she may be sentenced to life imprisonment.