Some special provisions women's must be aware

1. Laws forLaws for
Women in IndiaWomen in India
By Ritu Gautam
By Ritu Gautam
Asst. Prof. NIU

2. WOMEN-SPECIFIC LEGISLATIONS
 The Dowry Prohibition Act,1961
 The Immoral Traffic (Prevention) Act,1956
 The Protection of Women from Domestic Violence Act, 2005
 Sati (Prevention) Act, 1987 (3 of 1988)
 The Indecent Representation of Women (Prohibition) ,
1986
 The Hindu Marriage Act, 1955 (28 of 1989)
 Eve Teasing (New Legislation)
 Sexual harassment at work places- Vishakha guideline
 The Equal Remuneration Act, 1976
 The Factories Act, 1948
 National Commission for Women Act, 1990 (20 of 1990)
 The Medical Termination of Pregnancy Act, 1971 (34 of
1971) etc.

3. LEGAL RIGHT EVERY WOMEN
MUST BE AWARE
 No hospital whether public or private can reject
or deny any case of medical examination of a
rape victim
 Under all circumstances the identity and Name
of a rape victim must be protected (in either form)
 Women can not be called to police station for
interrogation
 A zero FIR can be file in any police station
irrespective of area
 FIR can be file online as well

4. LEGAL RIGHTS EVERY WOMEN MUST
BE AWARE
 No arrests of women after Sunset and before
Sunrise.( arrest can be made by a female police
constable only) except in exceptional
circumstances.
 Women have right to file an FIR, no matter when
the incident (rape) happened*
 Free legal aid to women while lodging an FIR
 Right to privacy while recording the statement

5. LIVE-IN-RELATIONSHIP
Live-in-relationship is not recognized by the Hindu Marriage
Act, 1955 or any other statutory law but it is not illegal in the
eye of law.
Status of a wife -where a man and a woman live together as
husband and wife for a long term, the law will presume that
they were legally married unless proved contrary.--- held by
Supreme court In the case of Tulsa v. Durghatiya, Badri Prasad
v. Dy. Director of Consolidation
In Varsha Kapoor v. UOI & Ors., the Delhi High Court has held
that female living in a relationship in the nature of marriage has
right to file complaint not only against husband or male
partner, but also against his relatives.
A live- in –partner has right to maintenance Under section 125
of Cr.P.C

6. CHILD BORN OUT OF A LIVE-IN-
RELATIONSHIP
 Child born out of Live-in relationship will
consider to be a legitimate child
 Child born out of a live-in relationship may be
allowed to succeed inheritance in the property
of the parents—held by Supreme court in the
case of Bharata Matha & Ors. v. R. Vijaya
Renganathan & Ors.
 In the case of child born out of live-in relation,
mother consider to be first natural guardian for
the purpose of custody

7. HARASSMENT
 Harassment involves any unwanted physical or verbal
behavior that offends or humiliates you. Generally,
harassment is a behavior that persists over time but
serious one-time incidents can also sometimes be
considered as harassment.
 U/S 354 A Sexual Harassment includes :
 physical contact and advances involving unwelcome and
explicit sexual overtures; or
 a demand or request for sexual favours; or
 making sexually coloured remarks; or
 forcibly showing pornography; or
 any other unwelcome physical, verbal or non-verbal conduct
of sexual nature.

8. STALKING
 Stalking Punishable under section 354 D of IPC (Amendment )
Act 2013
 To follow a woman and contact, or attempt to contact such
woman to foster personal interaction repeatedly despite a clear
indication of disinterest by such woman; or monitor the use by
a woman of the internet, email or any other form of electronic
communication. There are exceptions to this section which
include such act being in course of preventing or detecting a
crime authorized by State or in compliance of certain law or was
reasonable and justified."
 Cyber stalking

9. CRUELTY
 Section 498(A) of IPC prescribes cruelty as a
punishable offence,
 Hindu Marriage Act, 1955, Sec.13 (1) (ia) deals
with the cruelty as a ground for divorce but
falls short of specific definition of cruelty,
 Physical
 Mental
 Intentional
 Unintentional
 Abusive language
 Abusive gestures
 False allegation
 Cruelty by Partner or family members

10. INTERNAL COMPLAINTS
COMMITTEE
 The Sexual Harassment Act, requires an employer to set
up an 'Internal Complaints Committee' ("ICC") at each
office or branch having more than 10 employees of any
gender. The government is in turn required to set up a
'Local Complaints Committees' ("LCC") at the district
level to investigate complaints regarding sexual
harassment from establishments where the ICC has not
been constituted on account of the establishment having
less than 10 employees or if the complaint is against the
employer.
 Recently the minister for Women's Welfare Maneka
Gandhi has stated that government will take tough steps
against any organizations, including NGOs that do not
implement the new law-2015

11. RIGHT TO MAINTENANCE
 OF Hindu wives wife U/S 24,25
 Of live-In-Partner and non Hindu U/S125 of Cr.P.C
 Children U/S 18 of Adoption and Maintenance Act,1956
 18(2): A Hindu wife shall be entitled to live separately from her husband
without forfeiting her claim to maintenance( if she don’t want to give
divorce)
 Guilty of desertion
 Willfully neglecting her
 Treated her with cruelty
 harmful or injurious to live with her husband
 Suffering from a virulent form of leprosy
 Has any other wife living, or keeps a mistress in the same
house
 Conversion to another religion,
 Justifying her living separately.

12. MATERNITY BENEFITS
 According to the Maternity Benefit Act 1961:
Female workers are entitled to a maximum of 12 weeks
(84 days) of maternity leave. Out of these 12 weeks,
six weeks leave is post-natal leave. In case of
miscarriage or medical termination of pregnancy, a
worker is entitled to six weeks of paid maternity leave.
 On the basis of International Labour Organisation (ILO)
recommendation, the Union government is set to
increase the maternity leave for women employed in
private firms from the existing 12 weeks to 26 weeks. -
See more at: (http://indianexpress.com/article/india/india-news-india/govt-
to-increase-maternity-leave-in-pvt-sector-from-12-to-26-
weeks/#sthash.z1SZzrtf.dpuf)