Constitutional & Legal Rights of Women in India - Guide by R.J. Sharma
Constitutional & Legal Rights of Women in India
Empowering through knowledge and legal literacy
The Constitution of India not only protects women from exploitation and discrimination but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, education and political disadvantages faced by them.
Constitutional Provisions
Fundamental Rights
Article 14: Equality before law
Article 15: The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
Article 15 (3): The State to make any special provision in favour of women and children
Article 16: Equality of opportunity in matters relating to employment or appointment under the State
Article 23: Trafficking of human beings and forced labour are prohibited
Directive Principles of State Policy (DPSPs)
Article 39(a): Right to an adequate means of livelihood for men and women equally
Article 39(d): Equal pay for equal work for both men and women
Article 39A: State to provide free legal aid by suitable legislation
Article 42: Provision for just and humane conditions of work and for maternity relief
Article 46: Promotion of educational and economic interests of weaker sections
Article 47: Raising the level of nutrition and standard of living
Fundamental Duties
Article 51(A)(e): Duty of every citizen to renounce practices derogatory to the dignity of women
Panchayati Raj System
Article 243 D(3): One-third of seats in Panchayats reserved for women
Article 243 D(4): One-third of offices of Chairpersons in Panchayats reserved for women
Article 243-T(3): One-third of seats in Municipalities reserved for women
Article 243-T(4): Reservation of Chairperson offices in Municipalities
Indian Penal Code (IPC)
Section 228A: Punishment for disclosure of identity of the victim
Sec. 302/304-B: Punishment for Homicide for Dowry or Dowry Deaths
Sec. 354: Punishment for Molestation (Assault with intent to outrage modesty)
Sec. 363-373: Punishment for Kidnapping & Abduction
Sec. 376: Punishment for Rape (7 years to life imprisonment)
Sec. 498-A: Punishment for mental and physical torture
Sec. 509: Punishment for Sexual Harassment (Insulting modesty)
Code of Criminal Procedure (CrPC)
Section 46(4): No arrests after sunset (except with Magistrate's permission)
Section 47(2): Notice for search of a woman's residence
Section 51(2): Search to be conducted by a woman personnel only
Section 53(2): Medical Examination by a female practitioner
Section 154: Oral FIR can be lodged for cognizable offences
Section 160: Women cannot be required to attend at any place other than their residence
Section 164: Right to privacy while recording statements (Rape victims)
The Nirbhaya Act (2013)
- Zero FIR: Register complaint from any police station.
- No Time Limit: Police cannot refuse FIR due to delay in reporting.
- Identity Protection: Section 228A IPC makes revealing identity a punishable offence.
- Medical Report: Doctor’s report is not conclusive proof; it acts as evidence of sexual activity.
- Employer Duty: Creation of Sexual Harassment Complaints Committees is mandatory.
- New Offences: Acid Attack, stalking, and voyeurism are now serious punishable offences.
Other Key Legislations
Violence & Modesty
Domestic Violence Act (2005): Protects from physical, sexual, mental, and verbal abuse.
Dowry Prohibition Act (1961): Prohibits giving or taking dowry.
Indecent Representation Act (1986): Prohibits indecent depiction in media.
Workplace Harassment Act (2013): Redressal for sexual harassment at all workplaces.
Health & Equality
MTP Act (1971): Termination of pregnancy on medical grounds.
PCPNDT Act (1994): Prohibits sex selection and female foeticide.
Maternity Benefit Act (1961): Regulates benefits before and after child-birth.
Equal Remuneration Act (1976): Equal pay for same/similar work.
Justice & Legal Aid
Family Courts Act (1984): Settlement of family disputes.
Legal Services Authorities Act (1987): Free legal services for women.
NCW Act (1990): Monitoring and safeguarding constitutional rights.
Frequently Asked Questions (FAQ)
1. Can a woman be arrested at night?
As per Section 46(4) of CrPC, a woman cannot be arrested after sunset and before sunrise, except under exceptional circumstances with the prior permission of a Judicial Magistrate.
2. What is a Zero FIR?
A Zero FIR allows a victim to file a complaint at any police station regardless of where the incident took place. It is later transferred to the appropriate station.
3. Is equal pay a legal right?
Yes, Article 39(d) of the Constitution and the Equal Remuneration Act (1976) mandate equal pay for equal work for both men and women.
4. What protection exists against domestic violence?
The Protection of Women from Domestic Violence Act (2005) provide civil remedies for physical, emotional, sexual, and economic abuse.
5. Are women entitled to free legal aid?
Yes, under the Legal Services Authorities Act (1987), women are entitled to free legal services regardless of their income.
6. Does a daughter have equal rights in ancestral property?
Yes, after the 2005 amendment to the Hindu Succession Act, daughters have the same coparcenary rights in ancestral property as sons.
7. Can a woman's identity be revealed in rape cases?
No, Section 228A of the IPC strictly prohibits disclosing the identity of a victim of sexual offences.
8. What is the law on workplace harassment?
The POSH Act (2013) requires every organization with 10+ employees to have an Internal Complaints Committee to address sexual harassment.
9. Can police refuse to file an FIR for molestation?
No. Under the Nirbhaya Act, police cannot refuse an FIR even if there is a delay in reporting the incident.
10. Who conducts the medical exam of a female victim?
As per Section 53(2) of CrPC, any medical examination of a female must be conducted only by or under the supervision of a female registered medical practitioner.