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From time immemorial women's voices were unheard. But with changing times women are able to voice their rights and this has gained momentum with a strong judicial system. India is one of them with a strong judiciary system which is implementing many laws and making amendments to the constitutional acts to ensure gender equality and sharing equal rights to women.
There is a need that every Indian woman must know of her rights.
Couples can now legally separate without assigning blame to either party for their relationship breakdown. Also called a 'no-fault' divorce.
Cruelty or domestic violence is punishable and granted divorce according to Hindu Marriage Act 1955. It is an offense as it inflicts immeasurable mental agony and damage to a person along with physical assault. It is unjustifiable conduct to cause danger to life.
India has recently scrapped the tampon tax (tax on menstrual products). Pink tax in India includes hygiene products, salons beauty and cosmetics, accessories, soaps, shampoos, deodorant, etc. which is based on the psychological aspect of women that they spend more for looks and appearance. But this is unfair as for the same quality of products men are charged less in terms of tax and GST. In 2018 controversial 12% tax on feminine products was reduced or almost eliminated.
This suggests that women can inherit property from parents, grandparents, or relatives equally. It also suggests that a widow can seek help, support, and shelter from her deceased husband's family too. A married woman has the total right to sell, dispose or gift her property as per her wish. Supreme court in 2022 stated that daughters have the right to inherit their parents' self-acquired property. Daughters have the same obligations and rights as their sons.
Supreme court made the two-finger test unconstitutional in 2013. It involves a medical practitioner inserting two fingers into the vagina to test whether an insertion is done and if the hymen is ruptured. Even in rape cases also this test is not to be performed.SC observes that it violates the physical, psychological, and moral integrity of women and their privacy. Rape victims are more traumatized. Hence it's illegal now as per the court to perform this test.
It entitles women to a Maternity Benefit i:e full paid absence from work to take care of their child. Establishment employing 50 or more employees has increased maternity leave to 26 weeks.
Women and girls between Between 10 and 50 years were legally banned from entering Sabarimala from 1991 to 2018. But in September 2018 Judgement was passed by the Supreme Court of India stating that any exceptions placed on women because of biological difference is unconstitutional. It violated the right to freedom of religion and the right to equality. However several protests are not welcoming women as Shasta is a 'Celibate diety'.
It also includes the Protection of women from Sexual Harassment (POSH) ACT 2013.
This act defines sexual harassment in the workplace and creates a mechanism for the Redressal of complaints. It also lays down the procedures for a complaint inquiry and action
Every employer must constitute an Internal Complaint Cell at each branch with 10 or more employees and enjoy the power of civil courts.
The Ministry for Women and Child Development has launched sexual harassment electronic box (SHE-Box) which is an effort to provide Single window access to every woman wherein any woman can register a complaint through this portal.
Several new offenses have been recognized by Indian Penal code including acid attack, voyeurism, stalking, attempt to undress or disrobe a woman, sexual assault, rape offense leading to death or injury of a person the death or injury of a person, trafficking of people forced labour or forced sex) Furthur the criminal law (amendment) Act 2018 was enacted to prescribe even more stringent provisions including the death penalty for rape of a girl below the age of 12 years.
It cannot be a ground for divorce as it is declared unconstitutional and has no significance. It is made a punishable act on August 1, 2019.
Over-the-counter sale is not allowed unless the seller maintains a log book or register. Acid attacks are included under Indian Penal Code made a separate section (326A) and made punishable with a minimum of 10 yrs or a life term with a fine.
Sellers have to register the stocks under Sub- Divisional Magistrate within 15 days.
The seller needs to sell acid only above 18 years who have to provide ID proof approved by the government of India.
Supreme court on Feb. 24 said that there are different dimensions to 'Menstrual pain leave' which though is a biological process is a disincentive for employees to employ women in their organization.
Lifted to 21 yrs for girls too.
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The top court rules that a woman has the right to abort within 24 weeks irrespective of marital status (unmarried girls too) and is legal. However, those below 18 or mentally ill women must get the consent of a legal guardian.
Laws are stringent. Implementation must be strict. People are to be educated regarding the law of the country and the changing laws and it can be done right from schools.
Reference:
www.legalservive.co