Uma Kapahi
The developing rights of women!
There is no limit to what we, as women, can accomplish………….!
Each time a woman stands for herself, without knowing it possibily, without claming it, she stands up for all women.
”Women are the intergral part of our society”
Women’s equal right to development has been called a universal good. However, the realization of their right to development is beset by challenges rooted in the inequalities that pervade their lives. Durning the 19th and early 20th centuries people began to agitate for the right of women to vote .
The women’s rights movement is one of the most influential social movements of the past two centuries in the western world. The Indian Constitution has embodied within itself grounds for gender equality. Fundamental Rights, Fundamental Duties and Directive Principles work towards shaping policies and putting safeguards not just for women empowerment in India but also for protection. Unfortunately, many women in India are not aware of their rights which are provided in different Indian laws. Under the Constitutional law, women have equal rights as men so as to enable them to take part effectively in the administrative of the country.
Legal provisions are there to uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women. women must know their rights provided by the law. The most important legal rights of women in India includes;.
Right against arrest
No woman can be arrested after sunset and before sunrise. Under exceptional circumstances, a woman’s arrest can only be made by the women police officer after the prior permission of the Judicial Magistrate 1st Class.
Equal share in the property
The 2005 amendment of the Hindu Succession Act made a tremendous change. This amendment put an end to the years-long discrimination against the daughters. After this amendment, the daughters became coparceners by birth. It means they will get an equal share in their ancestral property as the son will get.
Right not to be called at the police station for interrogation
Women of any age cannot be called to the police station. Her statements can only be recorded at the place she resides in the presence of a woman constable and her family members.
Right to Safe Abortion
A girl who has not reached the age of 18 has the right to terminate an unwanted pregnancy legally with the consent of her guardians.
Whereas, an adult woman, whether married or not, can terminate her pregnancy up to 20 weeks when the continuation of pregnancy becomes a risk to her life or harmful to her health.
Rights against being watched
Woman can file a complaint against any man who watches or captures her images in situations where she believes no one is watching her.
Section 66E of the Information and Technology Act talks of cyber voyeurism. It includes the electronic transmission of files of women engaging in private acts.
Right against being stalked
A woman has the right to file a complaint against any man who follows, contacts or attempts to contact her, whether physically or in the cyber world .
Right of stridhan
Stridhan includes any property that a woman receives during her lifetime, including:
* all movable and immovable properties,
* gifts received before, at the time or after the marriage,
* gifts received during childbirth,
* and it also includes her personal earnings.
As per section 14 of the Hindu Succession Act, a Hindu woman is the absolute owner of Stridhan, and no one can claim any share over it.
Right to get free legal aid
As per section 12(c) of the Legal Services Authorities Act, 1987, any aggrieved woman is eligible to get free legal aid despite her financial status.
(The author is an advocate)
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