Laws and Rights every Woman should be Aware Of | 11 Rights
Keywords:- Woman, Rights, Law
Author – Riya Garg
“I live in an India where people worship women during the day and gang rape them at night”
~ Vir Das
The above statement is from a monologue made by a famous comedian that caused quite a stir in India recently (know more ). Despite the backlash that it received, careful look at the statistics and it will be hard to deny its truth. In 2018, India was named as the world’s most dangerous country for women. In 2019, even during the pandemic, when one would expect the crime rate against women to drop. Data from NCRB shows that 405,326 cases were reported as compared to 378,236 in 2018.
Nearly 77 rape cases were reported across India on an average every day in 2020; totalling to 28,046 such incidents during the year. There was a 46% rise in complaints of crimes against women in the 1st 8 months of 2021 over the corresponding period of last year. Data states that rape cases saw an increase of 43% from 580 till June,15 last year to 833 this year; molestation jumped by 39% from 733 to 1,022; kidnapping of women from 1,026 to 1,580; abduction of women from 46 to 159; and dowry deaths from 47 to 56.
The Actual Problem
The sad reality is though there are laws to serve justice to these victims, more often than not these cases are not reported since women in India are conditioned to ‘let it go’ and society ridicules the victim and not the perpetrator. Data from NFHS 4 showed that 1 in every 3 women faced some kind of violence but only 1.5% of them have reported it to the police. Thus, merely having laws is not enough unless they come into the knowledge of the person who needs them. This article is aimed at spreading awareness about some rights and laws which every woman should be aware of. Because, ‘where there is a right, there is a remedy’.
1. RIGHT TO FREE LEGAL AID
When a woman goes to the police station without being accompanied by a lawyer, she is either quoted wrong, ignored or humiliated for her statements. However, many times the victim is not financially independent or cannot afford a lawyer on her own. However, she should be aware of her right to claim free legal services from the legal services authorities. It is recognized under the Legal Services Authorities Act, 1987 irrespective of whether she can afford legal services on her own. For instance, according to a Delhi High Court ruling, whenever rape is reported in Delhi; the Station House Officer (SHO) has to bring the same to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim.
2. RIGHT TO PRIVACY WHILE RECORDING STATEMENT
In cases of rape and sexual exploitation, it is important for the victim to feel safe and comfortable. And not be under any kind of stress while narrating the incident. Under Section 164 of the Criminal Procedure Code, such a woman can record her statement before the district magistrate when the case is under trial, and no one else needs to be present. Alternatively, she can record the statement with only one police officer and lady constable in a convenient place. That is not crowded and does not provide any possibility of the statement being overheard by a fourth person.
3. RIGHT TO UNTIMELY REGISTRATION
In many cases, women might not be able to file a complaint immediately after the incident. Due to various reasons like mental trauma, considerations of her reputation, dignity of the family and threats from the culprit to take her life away. However, a woman can file a FIR later on, even if considerable time has passed since the incident. As well the police in any way cannot say no to register her complaint; no matter if it’s too late to register.
4. RIGHT TO VIRTUAL COMPLAINTS
There may be certain circumstances where a woman cannot or does not want to go to a police station to file her complaint. This may be due to a variety of reasons including uncooperative behavior of police officers, fear of retaliation by culprits, reputation considerations, etc. To put an end to all these limitations, Delhi Police issued certain guidelines which allow a woman to lodge a complaint without having to go to the police station. Through virtual means such as email or registered post addressing it to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the concerned police station of the area where the incident occurred. To conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.
5. RIGHT TO ZERO FIR
The usual procedure for filing an FIR involves filing it in the police station of your (victim’s) own jurisdiction or where the crime has been committed. Many times, the police station under whose jurisdiction of the incident falls refuses to register the victim’s complain and asks her to visit a different police station. It often leads to the aggrieved individuals being stressed, frustrated and eventually giving up on even filing the complaint.
In such a case, according to the zero FIR under Section 154 of the CrPC, such a victim has the right to lodge an FIR at any police station without taking the place of crime into account. Every police officer is bound to register the complaint of cognizable offence irrespective of the jurisdiction. Once the FIR is lodged and the filing is done with the magistrate. The case is redirected to the SHO (Station House Officer) of area where for instance; in the infamous Asaram Bapu case, although the crime was committed in the district of Jodhpur, the FIR was lodged at Kamla Market Police Station, Delhi.
6. RIGHT TO NO ARREST
There are many cases of women being harassed by the police at wee hours. But all this can be avoided if you exercise the right of being present in the police station only during daytime. Section 46 of the Civil Procedure Code, 1973 explicitly states that no woman can be arrested after sunset (6 P.M.) and before sunrise (6 A.M.). Even if the police possesses an arrest warrant or is accompanied by a lady constable.
7. RIGHT TO NOT BEING CALLED AT THE POLICE STATION
Conducting thorough investigation is the duty of the police officers. But law makes it clear that it should not hamper the dignity of women. Section 160 of the Code of Criminal Procedure provides Indian women with the right of not being physically present at the police station for interrogation. The law states that a woman cannot be forced to come to the police station for interrogation. If the police has to investigate, they have to do so at her residence in the presence of a lady constable and her family and friends.
8. RIGHT TO CONFIDENTIALITY/ANONYMITY
Unfortunately, Indian society is conditioned to condemn the victim. Social victimization or ostracism of a victim, especially in cases of sexual offences, is one of the reasons why women fear to fight for justice. Thus, in order to protect the women from such social ridicule and condemnation, women have the right to confidentiality. When a rape victim lodges a complaint in the police station. It is the duty of the police officer to keep the identity of the victim confidential. Crucial to protecting the identity of women who are survivors or victims of sexual assault of harassment. Law allows women to record their statements anonymously before the District Magistrate in an undertrial case or in the presence of a female police officer.
Under Section 228-A (3) of the Indian Penal Code, whoever prints or publishes any matter about any proceeding before a court on an offense related to disclosure of identity without the previous permission of the court. Shall be punishable with imprisonment for two years and shall also be liable to fine.
9. RIGHT TO EQUAL PAY
Gone are the days when women’s tasks used to be limited to housework. Women today are competing with men in all fields and doing a commendable job. However, the outlook of Indian employers has been titled towards the ‘brighter, better-looking gender’ i.e. men. However, the Equal Remuneration Act, 1976 embodies the principle of “equal pay for equal work” and prevents discrimination in terms of remuneration based on gender. It ensures payment of equal remuneration to both men and women workers for the same work or work of a similar nature. In the context of recruitment and service conditions, there will be no discrimination based on gender.
10. RIGHT TO MATERNITY BENEFITS
Maternity benefits are not merely a privilege of working women; they are a right under the Maternity Benefit Act, 1961. The Act grants every working woman the right to have a full paid absence leave from work before and after her pregnancy to take care of herself and her child. For Maternity Benefits, following should be kept in mind:
- The organization must have 10 or more employees working with it.
- It is necessary to work with the organization for not less than 12 months.
- Prior notice i.e. before seven weeks should be given to the head of the department or institution.
- Every woman is entitled to receive the maternity leave with full pay for 12 weeks before delivery, six weeks after delivery and additional benefits like a bonus, allowances, etc. should be given to her.
11. RIGHT AGAINST DOMESTIC VIOLENCE
Women in India have to bear the responsibility of protecting the reputation of her family. Society attaches a lot of stigma to divorced women and believes that “no matter what happens, marriage shouldn’t break”. These ideas are so deeply embedded in the mindset of a majority of the women that they often suffer domestic violence without raising a voice. Not only this, this situation gives a huge boost to the individuals; who demand dowry or subject their wives, daughters-in-law or newly married women to domestic abuse.
In 2019, domestic violence was the top crime faced by Indian women. Out of 4.05 lakh crime against women cases registered by the National Crime Records Bureau (NCRB), 1.26 lakh were those of domestic violence. However, any kind of domestic violence that threatens the life of the woman is a criminal offence under Sec. 498-A of the Indian Penal Code, 1860. Further, the Domestic Violence Act, 2005 provides protection to any female partner (including a live-in partner) in a relationship from violence caused by the male partner. Under the act, the female can lodge a complaint against her partner or the members of the family for causing physical, mental, emotional or psychological harm and can claim compensation for the injuries suffered by her.
Conclusion
These are some of the laws which every woman should be aware of. Remember that if you report a crime, someone else may be saved. At last, I would like to conclude the article with a few words by Malala Yousafzai, co-recipient of 2014 Nobel Peace Prize:
“I raise my voice –not so that I can shout, but so that those without a voice can be heard…We cannot all succeed when half of us are held back.”
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