#KnowYourRights: Laws That Protect Women And Their Rights!

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Women in our country are advised at almost every 5th second of their life. Be it your family, your friends, or your partner, each one of them think the crime in our country is rising due to lack of knowledge. Wear a long dress, don’t be late, don’t walk alone, etc. are some of the statements that you get to hear daily.

Consequence? A rift is created between you and your loved ones.

So, what do we do? What steps do we need to take?

Firstly, we need to recognise that crimes against women are committed every minute in our country. For the better safety of women, the government needs to ensure better laws and even better execution. On the other hand, the empowered women of our country need to know the basic and important laws, so that they don’t have to feel overwhelmed or suppressed ever again. These laws will ensure you have enough power to take your stand in any situation.

Without further ado, let’s get started.

1: Special Marriage Act, 1954

Marriage and Divorce have been one of the major areas where women are suppressed either because they are not vocal enough, or they don’t have the necessary knowledge. A special form of marriage registration or divorce is provided under the Special Marriage Act, 1954. People from different faiths, casts can get married, given that they are of legal age.

2: Right to free legal aid

We often complain that no actions are taken for the harassed ones, and even their voice is subdued sometimes. However, you might not be aware that when a woman is either humiliated, ignored for a statement, she has all the right to demand free legal aid. Under Section-12 of the Legal Services Authorities Act, 1987, you have been given the right to get free legal help and to be treated with the utmost attention.

3: Right against Harassment at Work

This might be one of the least known rights yet a crucial one for any working women in our country. The Sexual Harassment of Women at Workplace Act, 2013, seeks the protection of women at their workplace. It also includes prevention for the same and looks after the complaints of sexual harassment.

4: Right to get Maternity Benefits

Having your Maternity Benefits is a right given to you by the Government of India. Under the Maternity Benefit Act, 1961, any new mother is allowed to re-join her work in full flow after 12 weeks of her delivery, ensuring she doesn’t suffer any loss in her income. The Act entitles a woman to receive benefits like maternity leave, regular check-ups, medical allowances, etc. given she has worked in the organisation for a total of 80 days in the last 12 months, before her expected date of delivery.

5: Right against Domestic Violence

Be it the family of the Groom or the family of the Bride, they all advise you to keep your private matters behind closed doors, no matter how serious they get. This happens in most of the cases which results in cases of domestic violence all over the country. Every woman in our country, be it a wife, a mother, a sister, or a live-in partner has been given protection under the Protection of Women from Domestic Violence Act, 2005, against the violence of any kind at the hands of a male or the relatives.

6: Right to Equal Pay

Women in our country are not just harassed physically, but mentally too. We all talk about empowerment, but when it comes to equal wage rate and equal work opportunities, we don’t have enough institutions for the same. The provisions made under Section-4 of the Equal Remuneration Act, 1976 directs an employer to pay the same wages for the same work.

7: Right to No Arrest

Under the Section-46 of Civil Procedure Code of India, 1973, no woman can be arrested after 6 PM and before 6 AM, even if an arrest warrant has been issued against the same person.

8: Right to Privacy

According to the Section-164 of the Criminal Procedure Code, any rape surviving woman has the right to give her statement in private in front of the magistrate. If she demands her privacy, no other official, or person will be allowed to hear her statement.

9: Right to Virtual Complaints

To bring more people to Justice, Delhi Police allowed women to lodge complaints online, that too without an FIR. Any woman is allowed to complain through e-mail or registered post to a Deputy Commissioner or Commissioner of Police. Proper Investigation and verification of the case are then carried out by the concerned area Police station. When found legitimate, the police then reach out to the victim for a statement.

10: Right to Anonymity

Due to the pressure build-up by the members of the family, not many women come out for justice, just to maintain the “dignity” of the family in society. However, Section- 228 (A) of the Indian Penal Code allows a sexually assaulted/harassed women to remain anonymous when her case is in the trial. She can give a private statement in front of the magistrate alone or the presence of a lady officer.

These were ten laws that all women need to know to protect themselves and their rights. However, there are many more laws that one should know to get fast-paced justice. On the other hand, we need a system that gives justice right in time. Remember, Justice Delayed is Justice Denied. Any change starts from the roots; this can be one change that you can bring into society by increasing awareness.

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Most of us are ignorant of the laws and rights that our country provides to protect women. It helps to be educated and have the right knowledge and information about them so that no one around us can get away with any kind of sexual violence and harassment towards any woman or child. As citizens of the country, it is our duty to uphold these laws and bring the guilty to task.

Here is an overview of the Sexual Harassment / Violence Laws under the Indian Penal Code

According to Section 354 A of the IPC, as a man committing any of the following acts:

(i) physical contact and advances involving unwelcome and explicit sexual overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

The punishment for (i), (ii) and (iii) as given above is rigorous imprisonment for a term that may extend to 3 years, or a fine, or both while the punishment for (iv) is either simple or rigorous imprisonment for a term which may extend to 1 year, or a fine, or both.

Section 354B of the IPC criminalises assault or use of criminal force against a woman with the intention of disrobing her, i.e. with the intention of depriving her of her clothing or forcing her to be naked. Such an act is punishable with either simple or rigorous imprisonment of 3 to 7 years and a fine. Aiding such a crime also carries the same punishment.

Section 354C of the IPC criminalises the act of voyeurism. It defines it as a man watching or capturing the image of a woman engaged in a private act in circumstances where she would usually not expect to be observed by the perpetrator or by any other person on the orders of the perpetrator or the distribution of an image so captured by the perpetrator. The punishment for committing this offence is simple or rigorous imprisonment of 1 to 3 years and a fine. Repeated offenders are punished with simple or rigorous imprisonment of 3 to 7 years and a fine.

Section 354D of the IPC criminalises stalking of a woman by a man. It defines the Act to include continuous following or contacting a woman by a man or attempts to contact a woman to build a personal relationship with that women even when the woman has shown a clear lack of interest. It also include acts of monitoring a woman’s electronic communication, i.e. communication over emails, social media etc. First time offenders are punished with either simple or rigorous imprisonment of upto 3 years and a fine while repeated offenders are punished with simple or rigorous imprisonment of upto 5 years and a fine.

Section 370 of the IPC defines human trafficking as the action or practice of transporting people illegally or without their consent across areas mainly to be used in the labour or commercial sex industry. The Immoral Traffic (Prevention) Act, 1956 is the law regulating human trafficking in India.

Section 375 of the IPC defines rape to include any or all of the following acts, by a man against a woman:

· Penetration of a man’s sexual organ (penis) into a woman’s mouth, vagina, urethra or anus or making her do so with him or someone else; or

· Inserting any object, not the penis, into a woman’s vagina, urethra or anus or making her do so with him or someone else; or

· Manipulating any body part of the woman to cause penetration into her vagina, urethra, anus or any other body part or making her do so with him or someone else; or

· Applying his mouth to a woman’s vagina, urethra or anus or making her do so with him or someone else.

Under the following circumstances:

· Against her will;

· Without her consent;

· With her consent, if such consent is obtained by causing her fear of death or hurt for herself or for someone she knows;

· With her consent, if she believes the man she is engaging with sexually is her husband;

· With her consent, where due to unsoundness of mind or intoxication, the woman is not able to fully understand the nature and consequences of the act she consents to;

· With or without the consent of a woman who is below 18 years if age;

· When the woman is unable to communicate consent.

What is Marital Rape?

Marital rape, i.e. rape by one spouse of another is also listed as an exception to the act of rape, as long as the woman is above 15 years of age. Rape by a husband of his wife constitutes rape if they are living separately and has a punishment of 2 to 7 years jail term and a fine.

In October 2017, the Supreme Court stated that the act of sexual intercourse by a husband with his wife who is under the age of majority (18 years) would also be treated as rape. The apex court read down the exception, and the age of consent has been changed from 15 to 18 years. The punishment is rigorous imprisonment of 7 years to life and the person will also be liable to pay a fine.

POSH

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012.

The Act defines “sexual harassment” expansively and includes the ensuing unwelcome acts including Physical contact and advances; A demand or request for sexual favors; Making sexually colored remarks; Showing pornography; or, Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

The Act also states the various circumstances (whether implied or explicit), inter alia, may constitute sexual harassment. The Act introduces the concept of an “extended workplace.” In addition to the office of the employer or employee, any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for the purpose of commuting to and from the place of employment, will also constitute a workplace.

POSH Law mandates every employer to:

1. Provide a safe working environment,

2. Display the penal consequences of workplace sexual harassment,

3. Conduct training programs to create awareness and sensitization among employees at all levels (i.e., managers and non-managers).

4. Conduct orientation programs for the members of the IC;

5. Provide necessary facilities for the members of the IC,

6. Monitor the timely submission of the reports by the IC and assist in any manner required to enable the aggrieved woman to secure justice under the IPC.

Though POSH Law affects all of India, it is not gender neutral and protects women only. But many organizations have opted to make their POSH policy gender neutral in order to ensure an equal representation of the workforce. POSH Law applies to both organized and unorganized sectors.

POCSO

To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, from 14th November 2012. It is a comprehensive law to provide for the protection of children (below 18 years) from the offences of sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

It also defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.

People who traffic children for sexual purposes are also punishable under the provisions relating to abetment. It also prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

The Indecent Representation of Women (Prohibition) Act

It was enacted by Parliament in the Thirty-seven Year of the Republic of India 1986. It is an act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto. The offenders may be punished with imprisonment of 2 to 5 years or fined upto 10k.

IT Act for cyber harassment

Information Technology Act 2000 says that If any person is publishing or sending any salacious material in the form of electronic media is to be charged under section 67 of the Act.

Section 499 of the IPC, protects victims against harassment through remarks on social media or by posting obscene photographs. Even Section 507 of the IPC, which addresses any individual whose intention is to intimidate women or threaten them anonymously — online could help by awarding the perpetrator a jail time of two years.

Section 500 of the Indian Penal Code that deals with defamation, can be applied in case of cyber stalking in India and criminalises publishing any false statement against a person or harming the person’s reputation and provides punishment for any such act with imprisonment up to 2 years, fine or both.

Parvez

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Dear Women, Do You Know the Sexual Harassment Laws?

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