Legal Rights of Women in India

A Presentation by Deepika Divekar Panicker

Co-Founder : Lawgicon Consultancy Services
 “Empowering Women is Smart
Economics” Sandie Okoro, General Counsel, World Bank

IMF estimates that equal participation of women in

workforce will increase India’s GDP by 27 percent
-Economically empowered women boost demand and have
healthier and better-educated children and raise human
development levels.
-impact not only women themselves, but also on families,
communities and economies
 A legacy of discrimination: Age old
laws and adages
Some reasons that marred the Legal rights of women in India

-Married Women had restricted property rights

-Husbands and male members of the family had power over
women to the extent that they could use physical force, harass
them mentally
-Divorce and Child Custody laws favoured men, giving no rights
to women
-Most occupations were closed for women
-Lack of pay parity at work and gender inequality
 At the Core-Constitution of India
• The principles of gender equality is enshrined
in the Preamble, Fundamental Rights,
Fundamental Duties and Directive Principles.
• Non-discrimination at work organizations, and
in matters of employment opportunities
• Reservation for women and women belonging
to special classes of the society.
• The State to direct its policy towards securing
for men and women equally the right to an
adequate means of livelihood (Article 39(a))
 Fundamental Rights under the Constitution

RIGHT TO
PRACTICE
EQUALITY ANY
PROFESSION

RIGHT TO
LIFE

RIGHT TO SPECIAL
DIGNITY PROVISIONS
 Other progressive elements in the
Constitution
NO DISCRIMINATION ON THE GROUNDS OF CASTE OR GENDER – Article 15 (1)

Securing for both men and women equally the right to an adequate means of livelihood -
Article 39(a)

Securing just and humane conditions of work and for maternity relief -Article 42

Equal Pay for Equal Work – Article 39 ©

The State to raise the level of nutrition and the standard of living of its people - Article 47

To promote harmony and the spirit of common brotherhood amongst all the people of
India and to renounce practices derogatory to the dignity of women - Article 51(A) (e)

Other provisions for special reservation for women form reserved categories..
 Progressive Laws- the Winds of
Change
Protection of Women form Domestic Violence Act, 2005
A comprehensive legislation that combines civil remedies with criminal
procedures to ensure protection and relief to victims of violence.

Hindu Succession ( Amendment) Act, 2005

A progressive step of making daughters coparceners in the ancestral property.

Equal Remuneration Act, 1976

Self Explanatory, the act presents discrimination on the ground of sex, against
women in the matter of employment.”

Dowry Prohibition Act, 1961

The law that actually changed the practice of giving or receiving dowry. Led to
realization and impact of dowry system.

Maternity Benefit (Amendment) Act 2017

The Act gave effect to the extension of maternity benefits of upto 26 weeks,
which originally was limited upto only 12 weeks after delivery.
 Cont...

Immoral Traffic Prevention Act, 1956

The Act was made to suppress immoral traffic in women and children as
India signed the United Nations International Convention for the
“Suppression of Women in Traffic in Persons and of the Exploitation
in Others” in New York on 9th May 1950

The Women’s Inheritance Law, 2020

While recognizing the right of women to be coparceners in the
ancestral property, has recognized that the Hindu women’s right to
be a joint heir is by birth and does not depend whether the father
was alive or not when the law was enacted in the year 2005. .
 Women at Workforce
Progressive Indian laws recognize the need for better protection and
protection from discrimination in the workplace including direct and indirect
discrimination related to reproductive health, pregnancy, childbirth and
maternity leave.

-India is a signatory for CEDAW, (Convention on Elimination of all Forms of

Discrimination Against Women).

-The Maternity Benefits (Amendment) Act, 2017 extends benefit to

biological, adoptive and commissioning mothers without losing seniority or
other employment benefits.

Safe workplace is every woman’s legal right guaranteed by the Consitution

and now the POSH Act .

.
 Safety at Workplace

The Vishaka Guidelines

The Vishaka guidelines are a set of guidelines that were intended to
protect women at workplace, instituted by the Supreme Court in 1997.

PoSH Act, Sexual Harassment of Women at Workplace

( Prevention, Prohibition and Redressal) Act, 2013
Framed and passed to ensure safe work places and healthier work
atmosphere for working women.
This Act aims to provide an effective mechanism to prevent and
address acts of sexual harassment in workplaces.
 Safety net under the Indian Penal
Code & Criminal Procedure Code
Section 354
Assault or Criminal Force to Woman with intent to outrage her modesty.

Sexual harassment, sexual advances, making sexually colored remarks

are punished under Section 354 of the IPC.

This also includes Voyeurism under Section 354(C ) and Stalking ( Section
354 (D).

The punitive implications include imprisonment for a 1-year term to

5-year term depending on the gruesomeness of the crime.

Cases of rape are covered under Section 376 of the IPC, and sexual
intercourse by a person in authority under Section 376 (C).

Offences of this nature attract penalty that includes Rigorous

imprisonment for a term extending to 5 years to 10 years, and may
also include fine.
 Under the Information Technology Act and
for Cyber Crimes
The Information Technology Act, 2000 explicitly prohibits:
• Sending offensive messages through communication services
• Violation Of Privacy
• Publishing or Transmitting Material containing Sexually
Explicit Act/s
• Publishing or Transmitting Obscene Material in Electronic
Form
• Publishing or Transmitting Material containing Sexually Explicit
Act/s etc

PENAL ACTION THAT CAN LEAD TO IMPRISONMENT (3,5,7

YEARS) , FINE UPTO EVEN 10 LAKHS OR BOTH.
 Redressal mechanism
Civil Cases Criminal offences
Supreme
The Supreme Court and
Courts
the High Courts

High Courts
The Courts of Session
District Courts

The Judicial Magistrate

First Class, and Judicial
Magistrate Second Class

FIR - police station

 More Power to Women
National Policy for the Empowerment of Women, 2001:
The Department of Women & Child Development in the Ministry
of Human Resource Development has prepared a “National
Policy for the Empowerment of Women” in the year 2001.

National Commission for Women:

In January 1992, the Government set-up this statutory body with
a specific mandate to study and monitor all matters relating to
the constitutional and legal safeguards provided for women,
review the existing legislation to suggest amendments wherever
necessary, etc.
 The Transition
WELFARE

DEVELOPMENT (EDUCATION & HEALTH)

EMPOWERMENT

WOMEN AS AGENTS OF CHANGE

Thank You