1. WOMEN AND THEIR LEGAL
RIGHTS IN INDIA

2. Flow of Presentation
 Gender Equality
 Constitutional Provisions
 Constitutional Privileges
 Legal Provisions
 Violence and Discrimination at Home
 Violence and Discrimination in Public Places
 Special Initiatives for Women
 Basic Legal Rights

3. GenderEquality
The principle o f g e nde r e q uality is e nshrine d in the
Indian Co nstitutio n in its Preamble, Fundamental
Rights, Fundamental Duties and Directive Principles.
The Co nstitutio n no t o nly g rants e q uality to wo m e n,
but also e m po we rs the State to ado pt m e asure s o f
positive discrimination in favo ur o f wo m e n. Within the
fram e wo rk o f a de m o cratic po lity, o ur laws,
de ve lo pm e nt po licie s, Plans and pro g ram m e s have
aim e d at wo m e n’s advance m e nt in diffe re nt sphe re s.
India has also ratifie d vario us inte rnatio nal
co nve ntio ns and hum an rig hts instrum e nts co m m itting
to se cure e q ual rig hts o f wo m e n. Ke y am o ng the m is
the ratificatio n o f the Co nve ntio n o n Elim inatio n o f All
Fo rm s o f Discrim inatio n Ag ainst Wo m e n (CEDAW) in
1 9 9 3.

4. CONSTITUTIONAL PROVISIONS
The Co nstitutio n o f India no t o nly g rants e q uality
to wo m e n but also e m po we rs the State to ado pt
m e asure s o f po sitive discrim inatio n in favo ur o f
wo m e n fo r neutralizing the cumulative socio
economic, education and political disadvantages
face d by the m . Fundam e ntal Rig hts, am o ng
o the rs, e nsure e q uality be fo re the law and e q ual
pro te ctio n o f law; pro hibits discrim inatio n ag ainst
any citize n o n g ro unds o f re lig io n, race , caste , se x
o r place o f birth, and g uarante e e q uality o f
o ppo rtunity to all citiz e ns in m atte rs re lating to
e m plo ym e nt. Article s 1 4, 1 5, 1 5(3), 1 6 , 39 (a),
39 (b), 39 (c) and 42 o f the Co nstitutio n are o f
spe cific im po rtance in this re g ard.

5. Constitutional Privileges
 Eq uality be fo re law fo r women(Article14)
 The State no t to discrim inate ag ainst any citiz e n o n g ro unds o nly o f
re lig io n, race , caste , sex, place o f birth o r any o f the m (Article15(i))
 (iii) The State to m ake any spe cialpro visio n in favo r o f womenand
childre n (Article15(3))
 Eq uality o f o ppo rtunity fo r allcitiz e ns in m atte rs re lating to e m plo ym e nt
o r appo intm e nt to any o ffice unde r the State (Article16)
 The State to dire ct its po licy to wards se curing fo r m e n and women
e q ually the rig ht to an ade q uate m e ans o f live liho o d (Article39(a)); and
e q ualpay fo r e q ualwo rk fo r bo th m e n and women(Article39(d))

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 To pro m o te justice , o n a basis o f e q ualo ppo rtunity and to
pro vide fre e le g alaid by suitable le g islatio n o r sche m e o r in
any o the r way to e nsure that o ppo rtunitie s fo r se curing justice
are no t de nie d to any citiz e n by re aso n o f e co no m ic o r o the r
disabilitie s (Article39A)
 (vii) The State to m ake pro visio n fo r se curing just and
hum ane co nditio ns o f wo rk and fo r m ate rnity re lie f (Article42)
 The State to pro m o te with spe cialcare the e ducatio naland
e co no m ic inte re sts o f the we ake r se ctio ns o f the pe o ple and
to pro te ct the m fro m so cialinjustice and allfo rm s o f
e xplo itatio n (Article46)
 (ix) The State to raise the le ve lo f nutritio n and the standard
o f living o f its pe o ple (Article47)

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 To pro m o te harm o ny and the spirit o f co m m o n bro the rho o d am o ng st allthe pe o ple o f India and
to re no unce practice s de ro g ato ry to the dig nity o f women(Article51(A) (e))
 (xi) No t le ss than o ne -third (including the num be r o f se ats re se rve d fo r women be lo ng ing to
the Sche dule d Caste s and the Sche dule d Tribe s) o f the to talnum be r o f se ats to be fille d by
dire ct e le ctio n in e ve ry Panchayat to be re se rve d fo r wo m e n and such se ats to be allo tte d by
ro tatio n to diffe re nt co nstitue ncie s in a Panchayat (Article243D(3))
 (xii) No t le ss than o ne - third o f the to talnum be r o f o ffice s o f Chairpe rso ns in the Panchayats
at e ach le ve lto be re se rve d fo r women(Article243D(4))
 No t le ss than o ne -third (including the num be r o f se ats re se rve d fo r womenbe lo ng ing to the
Sche dule d Caste s and the Sche dule d Tribe s) o f the to talnum be r o f se ats to be fille d by dire ct
e le ctio n in e ve ry Municipalityto be re se rve d fo r womenand such se ats to be allo tte d by ro tatio n
to diffe re nt co nstitue ncie s in a Municipality(Article243T(3))
 Re se rvatio n o f o ffice s o f Chairpe rso ns in Municipalities fo r the Sche dule d Caste s, the
Sche dule d Tribe s and women in such m anne r as the le g islature o f a State m ay by law pro vide
(Article243T(4))

8. LEGAL PROVISIONS
To upho ld the Co nstitutio nal m andate , the State has
e nacte d vario us legislative measures inte nde d to e nsure
e q ual rig hts, to co unte r so cial discrim inatio n and vario us
fo rm s o f vio le nce and atro citie s and to pro vide suppo rt
se rvice s
Ce rtain Le g al Pro visio ns m ade unde r the law can be
spe cifie d unde r different heads:
- Vio le nce and Discrim inatio n at Ho m e
- Vio le nce and Discrim inatio n in Public Place s
- Spe cialInitiative s fo r Wo m e n

9. Violence and discrimination at
home
There are a number of key women-centric legislations available to address
issues of gender-based discrimination:
 Pre Conception Pre Natal Diagnostic Techniques (PCPNDT) Act 2003:
 In order to address the declining child sex ratio, the PCPNDT Act
provides for the prohibition of sex selection before or after conception
and for the regulation of prenatal diagnostic techniques
 Prohibition of Child Marriage (PCM) Act 2006:
 Replaced the earlier legislation of Child Marriage Restraint Act 1929
 PCM Act prohibits marriage of girls before the age of 18 and boys
before the age of 21
 PCM Act is armed with enabling provisions to prohibit child marriages,
protect and provide relief to victims and enhance punishment for
those who abet, promote or soleminize such marriages
 PCM calls for appointment of Child Marriage Prohibition Officers for
implementing the Act

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 Protection of Women from Domestic Violence (PWDV) Act 2005:
 "Domestic violence" includes actual abuse or the threat of abuse that
is physical, sexual, verbal, emotional and economic. Harassment by
way of unlawful dowry demands to the woman or her relatives would
also be covered under this definition
 One of the most important features of the Act is the woman’s right to
secure housing. The Act provides for the woman’s right to reside in
the matrimonial or shared household, whether or not she has any title
or rights in the household.
 The other relief envisaged under the Act is that of the power of the
court to pass protection orders that prevent the abuser from aiding or
committing an act of domestic violence or any other specified act,
entering a workplace or any other place frequented by the abused,
attempting to communicate with the abused, isolating any assets
used by both the parties and causing violence to the abused, her
relatives and others who provide her assistance from the domestic
violence.

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 Dowry Prohibition Act 1961:
 It is a Criminal Law
 Act prohibits the request, payment or acceptance of a dowry, "as
consideration for the marriage," where "dowry" is defined as a gift demanded
or given as a precondition for a marriage.
 Asking or giving of dowry can be punished by an imprisonment of up to six
months, or a fine of up to Rs. 15000 or the amount of dowry whichever is
higher and imprisonment up to 5 years.
 IPC Section 498A:
 It is a Criminal Law
 Section 498A was inserted into the Indian Penal Code in 1983 via an
amendment to strengthen anti-dowry legislation
 It is applicable when a husband or relative of a husband subjects his wife to
“cruelty” (including dowry harassment)
 This section is non-bailable, non-compoundable (i.e. it cannot be privately
resolved between the parties concerned) and cognizable.
 After registration of an FIR for a cognizable, non-bailable offense, the police
may arrest any and all of the accused named in the complaint.

12. Violence and Discrimination in
Public Spaces
Protection of the Interests of Women Workers:
- A separate Cell for Women Labour was set up by the
Ministry of Labour, which focuses on the condition of
working women
The Equal Remuneration Act 1976:
- Aims to provide the payment of equal remuneration to
men and women workers for same or similar nature of
work
- States/UTs have appointed competent authorities
under this Act and have set up Advisory Committees

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Rajiv Gandhi National Crèche Scheme for the Children of Working Mothers:
 Launched by Ministry of Women and Child Development
 Provides crèche services for children 0-6 years of age, including
supplementary nutrition, emergency medicines and contingency
Maternity Benefits Act 1961:
 Women are entitled to 6 weeks of leave before your due date, and 6
weeks after your child's birth. So women can claim at least 12 weeks or
three months maternity leave.
 Women who have a miscarriage or an abortion, are entitled to 6 weeks
leave by law
 Pregnant women are entitled to maternity benefits at the rate of their
average daily wage for the period of their absence, for a maximum period
of 12 weeks (6 weeks before delivery and 6 weeks after). Women can
only claim this compensation though if they have worked at least 80 days
for the employer in the last 12 months.
 The law also states that from 10 weeks before your due date, you will not
have to do arduous work, stand for long hours or be asked to do any
other work that may cause problems.

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- Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Bill 2012
• The Lok Sabha (the Lower House of the Parliament) has, on 3
September 2012, passed the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Bill, 2012 (Bill). The
Bill now remains to be passed by the Rajya Sabha (Upper House of the
Parliament) and notified by the government, to become binding law.
• The Supreme Court of India, in 1997, delivered its landmark judgment in
the case of Vishaka and Ors. v State o f Rajasthan1
and laid down
guidelines dealing exhaustively with the definition of 'sexual harassment',
the preventive measures required to be taken by an employer and the
internal redressal mechanisms required to be put in place (SC
Guidelines)
• The Bill retains several aspects of the SC Guidelines, including the
definition of the term 'sexual harassment'2
, the requirement of constituting
an internal complaints committee to deal with sexual harassment
complaints and the need to have an external member on such a
committee. The Bill also reiterates that the workplace is not merely
limited to the premises of the employer, but includes any place that is
visited by an employee during and in the course of her employment.

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 Rape Law:
 Section 375 and 376 of IPC deal with the crime of rape
 Where rape is proved, the minimum punishment is ten
years for custodial rape, gang rape, rape of pregnant
women and minor girls under the age of 12 and seven
years in other cases.
 Immoral Traffick Prevention Act 1986:
 This Act has provisions that outline the illegality of
prostitution and the punishment for owning a brothel or a
similar establishment, or for living of earnings of
prostitution as is in the case of a pimp.

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 Hindu Succession Amendment Act 2005:
 The Act lays down a uniform and comprehensive
system of inheritance
 It is hailed for its consolidation of Hindu laws on
succession into one Act. The Hindu woman's limited
estate is abolished by the Act. Any property
possessed by a Hindu female is to be held by her
absolute property and she is given full power to deal
with it and dispose it of by will as she likes.
 However, it was not until the 2004/2005 Amendment
that daughters were allowed equal receipt of property
as with sons. This invariably grants females property
rights.

17. SPECIAL INITIATIVES FOR
WOMEN
NationalCommissionforWomen
 In January 1 9 9 2, the Go ve rnm e nt se t-up this statuto ry bo dy with a spe cific m andate
to study and m o nito r all m atte rs re lating to the co nstitutio nal and le g al safe g uards
pro vide d fo r wo m e n, re vie w the e xisting le g islatio n to sug g e st am e ndm e nts whe re ve r
ne ce ssary, e tc.
 The Complaints and Counseling Cell of the commission processes all the complaints
whether received orally, written or suo moto under Section 10 of the NCW Act.
 The complaints received relate to domestic violence, harassment, dowry, torture,
desertion, bigamy, rape, refusal to register FIR, cruelty by husband, deprivation,
gender discrimination and sexual harassment at work place.
ReservationforWomeninLocalSelf -Government
 The 7 3rd
Co nstitutio nal Am e ndm e nt Acts passe d in 1 9 9 2 by Parliam e nt e nsure o ne -
third o f the to talse ats fo r wo m e n in alle le cte d o ffice s in lo calbo die s whe the r in rural
are as o r urban are as.
TheNationalPlanof ActionfortheGirl Child(1991-2000)
 The plan o f Actio n is to e nsure survival, pro te ctio n and de ve lo pm e nt o f the g irl child
with the ultim ate o bje ctive o f building up a be tte r future fo r the g irlchild.

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NationalPolicyfortheEmpowerment of Women, 2001
 The De partm e nt o f Wo m e n & Child De ve lo pm e nt in the Ministry o f Hum an Re so urce
De ve lo pm e nt has pre pare d a “National PolicyfortheEmpowerment of Women”in the
ye ar 20 0 1 . The g o al o f this po licy is to bring abo ut the advance m e nt, de ve lo pm e nt
and e m po we rm e nt o f wo m e n.
NMEW
 The National Mission for Empowerment of Women (NMEW) was launched by the
Government of India with the aim to strengthen overall processes that promote all-
round development of women
 It has the mandate to strengthen the inter-sector convergence; facilitate the process
of coordinating all the women’s welfare and socio-economic development
programmes across ministries and departments. The Mission aims to provide a
single window service for all programmes run by the Government for Women under
aegis of various Central Ministries.
 The National Resource Centre for Women has been set up which functions as a
national convergence centre for all schemes and programmes for women. It acts as
a central repository of knowledge, information, research and data on all gender
related issues and is the main body servicing the National and State Mission
Authority.

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Delhi Legal Service Authority
 Delhi State Legal Services Authority has been constituted under the State Legal
Services Authorities Act, 1987.
 The goal is to secure justice to the weaker sections of the society, particularly to the
poor, downtrodden, socially backward, women, children and handicapped etc.
 The Authority has constituted High Court Legal Services Committee at Delhi High
Court, Legal Services Authority at Tis Hazari and its Sub-Offices at Patiala House
Courts, Karkardooma Courts Complex and Rohini Courts Complex.
GenderResource Centers
 Gender Resource Centres serve as first point of contact for the community.
 These structures have been set up by the government in partnership with the civil
society organizations (CSOs) to reach out to people and take government
programmes to communities.
 Besides assisting in availing entitlements, these centers work towards Social,
Economic and Legal empowerment of women by interventions in the area of Legal
Rights, Economic initiatives-skill building, microenterprises and entrepreneurship
development and health.
 Under a well structured programme, the GRCs provide Non-Formal Education,
Vocational Training , legal awareness and Skill Development, Health and Nutrition
through camps and clinics and are also instilling virtues of thrift and micro credit

20. Basic Legal Rights
1. Free Legal Aid
Always be accompanied with lawyer when you go to file a complaint or FIR against
any mis-happening. Also, as per the Delhi High Court ruling whenever a rape is
reported, the SHO should inform this to the Delhi Legal services Authority. The Legal
body then arranges a Lawyer for the rescue.
2. Right to Privacy while recording Statements
It is the duty of Police to keep the privacy of a woman intact and closed.
3. Time doesn’t Matter
Filing a FiR by rape victim or someone who is molested has no time boundary. As
noted rape is a very severe thing that can happen with a woman and if she reports
about it later, her appeal cannot be rejected on the duration of time as after the
incident many are in shock or in danger of their family’s reputation or else other
reasons.
4. Email to the Rescue
As per the recent report by the Delhi police, if any victim cannot comes to the Police
Station she can any how email or file a written complaint and post it to the Head
Police officer
5. Cops Can’t Say NO
A victim can report a FIR in any police station under the Zero FIR ruling. As per the
Supreme Court, if a police station refuses to lodge the FIR, a woman in that case can
register the same in any police station and then the Senior Officer will direct the SHO
of the concerned area to take actions.

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6. No Arrest afterSunset
A woman cannot be arrested after sunset and before sunrise. All the dealings should
be done in the day time in presence of a woman constable.
7. Cannot be called to the Police Station
Any woman who has faced harassment cannot be called to the Police Station. Her
statement should be recorded at her residence in presence of a woman constable
and her family. Under Section 160 of CPC, a woman cannot be called for
interrogation in Police Station. A woman should not be physically present in the
police station.
8. The Doctorcan’t decide
A case of rape cannot be declined on the base of denial by a doctor. A full report has
to be given in case of a crime of rape happens. A rape victim should be examined
medically as per the Section 164 A of Criminal Procedure Code(CrPC), and only the
report acts as a proof.
9. Protect yourIdentity
Under no circumstances the name of the victim can be revealed. Neither the Police
nor the media can publish or leak out the name. The identity remains intact and if the
identity is disclosed it is punishable as per the Section 228-A of the Indian Penal
Code.
10. Employers must protect
It is a necessity for every Employer to create a Sexual Harassment Complaint Cell
within the organisation for the redressal of such complaints. It is as per the guidelines
of Supreme Court issued. It should be headed by a woman and should be 50% as

22. How to file FIR
 FIR or First Information Report is the information about commission
of an offence given to a police officer by the first informant. It
initiates the criminal proceedings.
 To file an FIR, one has to go to the police station within the
jurisdiction of which the cause of action arose or the offence took
place.
 Every piece of information relating to the commission of offence is
to be given to the officer in-charge of the police station. If it is given
orally to the officer, he shall reduce it to writing and read it over to
the informant to confirm and verify the details.
 Every such information has to be signed by the informant after
which it is required to be recorded by the officer in a book
maintained for this purpose as prescribed by the State Government.
 The informant is entitled to receive a copy of the FIR free of cost.
 If the officer in-charge of the police station refuses to record the
information, you can send the substance of such information, in
writing and by post to the Superintendent of Police (SP) concerned.
The SP is required to start the investigation himself or direct any
other officer subordinate to him to start the investigation.
 NOTE: When you file a FIR, be very specific.
Don’t forget to take a copy of the FIR.
One is not required by law to give an affidavit.

23. “We pledge to protect the dignity of women. We will not
take or give dowry, we will oppose any kind of violence
against women and we will not be silent spectators. We
believe in the power of women and will work for ensuring
gender equality. Women Power, Power to Women is
WPC’s moto.”
Thank you