EXCLUSIVE RIGHTS FOR WOMEN IN INDIA

Not a single day goes by when a piece of news about sexual offences and violence against
women does not get published in newspapers. According to a report by CNN, India is the
most dangerous place to be a woman. Around 100 cases of sexual assault and violence
against women are reported to the police every day. Women are not safe anywhere, not in
their homes, offices or at any of the public places. They need to be alert wherever they go and
be ready to retaliate against any attempt or act of assault or harassment of any nature. India is
a country where on one hand a goddess is worshiped throughout the year and on the other
hand, hundreds of women are burnt for dowry every year. The whole country was
traumatized by the Nirbhaya case, following which many amendments were made to make
the laws more stringent against the commission of rape and other sexual offenses against
women . Even after the amendments there is no visible decline in the number of crimes
against women.

The incidents of minor girls being raped and murdered have become hourly. The Asifa case
was a big blow to the existing measures of safety for women and children. Due to an
alarming increase in such abominable crimes against minor girls, an ordinance was passed by
the President seeking death penalty for the persons accused of rape of a minor girl i.e a girl
below 12 years of age.

The safety of women is a national concern that has to be addressed with utmost priority.
There is a lack of awareness among women about their rights. The rights which should be
known to every woman are:-

ZERO FIR: Women can file a zero FIR in any police station in case of any crime against
her. This is an important right which helps in eliminating the refusal by police, to file an FIR
due to lack of jurisdiction. Any woman in distress can go to the nearby police station and
lodge an FIR. This FIR is numbered as 0, and once registered, is then transferred to the
concerned police station.

FREE LEGAL AID: Under Article 12 of the legal services authorities act, women are
entitled to free legal aid. Any woman who is a victim of any kind of abuse, violence or
harassment can avail the free legal aid services. A lawyer will be appointed to file a case on
her behalf without charging any fee.
NO ARREST AFTER SUNSET AND BEFORE SUNRISE: A woman can only be
arrested by a female police officer. Also, no arrest can be made before sunrise and after
sunset. If the case is of such a nature that the arrest is necessary, then an arrest can be made
by a female police officer, only after seeking permission from the judicial magistrate first
class.

VIRTUAL COMPLAINT: There are cases when a woman cannot physically reach the
police station to file a complaint. In such cases, a woman can file a virtual complaint through
email or post to the police station. A police constable is sent by the SHO to the victim's
residence to file the complaint.

RIGHT TO ANONYMITY: Supreme court held that no news channel or print media will
reveal the name and details of a victim of any sexual offense. This is the right of anonymity
in favour of women . Revealing the name of the victim can make her a subject of social
thrashing. Therefore any revelation of details of the victim by media, whether it is electronic
or print, is punishable.

RIGHT AGAINST HARASSMENT AT WORKPLACE: It is the right of every person to

live with dignity, irrespective of their gender. There are many cases where a female employee
is subjected to harassment at her workplace. Any woman who is a victim of harassment at the
workplace can file a complaint to the Internal complaints committee at a branch office within
3 months.

FINAL WORD IS OF COURT: Since Rape is a legal term, no person has a right to infer
that rape has been committed. The medical practitioner in his report can assert only about the
occurrence of sexual activity. He or she cannot conclude whether the victim was ravished or
not. The power to decide on such matters rests only with the court.

RIGHT AGAINST DOMESTIC VIOLENCE: Women are considered weak and inferior
and are often exposed to mental and physical abuse. When a woman is subject to any kind of
cruelty by her husband or husband's relative, the persons accused of the offense shall be
liable to imprisonment for 3 years with fine. The Domestic Violence Act not only extends to
the women who are or have been in a domestic relationship with the abuser but also to the
women who have lived together in a shared household( mother, sister, mother in law etc).
RIGHT AGAINST DOWRY DEMAND: Giving and receiving of dowry is a crime. Any
person who takes or abets or gives dowry shall be liable to imprisonment for a term which
may extend up to 5 years and fine of ₹15000 or the amount of dowry whichever is more.

STALKING: According to section 354 D of Indian Penal Code, Stalking is a punishable

offense. Any man who follows a woman and contacts, or attempts to contact such woman to
foster personal interaction repeatedly despite a clear indication of disinterest by such woman;
or monitors the use by a woman of the internet, email or any other form of electronic
communication, commits the offense of stalking. Such a person shall be punishable for
imprisonment for up to three years and fine. If the offense is repeated then he will be liable
for imprisonment which may extend up to 5 years with fine.

MATERNITY BENIFITS: Maternity is the gift of nature to women. Pregnancy is a

sacrosanct process that demands the mental and physical well- being of the mother to ensure
the health of the child. Under the maternity benefits act, an employer cannot dismiss a
woman for taking maternity leave and cannot give a termination notice during her maternity
leave.

STATEMENT BY WOMEN: According to section 160 of Criminal Procedure Code(CrPc),

if the statement of a woman, child below15 years of age and a physically handicapped person
is required then the concerned police officer has to go to their residence to record the
statements.

RIGHT TO DIGNITY AND DECENCY: According to section 51(2) of CrPc whenever it

is necessary to be caused a female arrested to be searched, the search shall be made by
another female with strict regard to decency.

These are some of the rights which protect the women from various atrocities caused to
them. Every woman must be aware of such rights and must practice them whenever required.
The government must make efforts to spread awareness about the rights of women so that
they can make use of the protection given to them. A lot of women keep suffering the
atrocities caused to them due to lack of knowledge about their rights. We need to spread a
word about the rights inherent in women to save them from further exploitation and abuse.