Despite living in a society that often finds it difficult to see women and men equally, the Indian judicial system has given women some laws so as to help them in unfavourable situations. “The laws available in our country are mostly in favour of women. Especially when it comes to divorce, sexual harassment, etc. Also we hear some instances where women misuse them. So it is a common misconception that women in India are powerful and the law protects them. But practical reality is that women need to run form pillar to post just to get the rights that are available to them. They don’t have support from family and friends or work or even the police at times. So it is not as easy as it looks,” says Tanya Appachu, Instagram’s favourite lawyer who works at simplifying legalities through her page and a lawyer herself. We speak to her so as to shed light on some lesser-known legal frameworks that might help many women in need. So whether you are married, employed or looking for legal relief, here are some Indian laws you should know about.
Protection of Women from Domestic Violence Act, 2005
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Just because a woman is married, doesn’t mean she must endure violence of any kind directed towards her from the family she married into. This is evident in The Protection of Women from Domestic Violence Act, 2005, which was enacted to protect women from domestic violence. “Women need to understand that we have the Protection of Women from Domestic Violence Act which protects women from mental, financial, emotional, sexual and physical abuse. There are also various laws that provide interim maintenance, child support and alimony to women. It is important to have some finances when you are starting over from scratch and the law provides for it,” says Appachu. The law clearly brings to light a definition of domestic violence which encompasses different types of abuse- be it physical, verbal or sexual. It also provides a detailed framework to explain the duties of law enforcement officials, relief methods and procedures to help anyone in need.
“Women should understand that marriages are supposed to be beautiful and a partner has to help you grow and succeed in life. There is no need to be in an abusive marriage or a bad marriage for the sake of society. Gone are the times where women sacrificed their lives to show the world that they have a ‘normal’ family,” adds Appachu.
Right to Education Act, 2009
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Gender disparities, especially when it comes to primary education remains a topic of concern for a huge number of Indian communities, often leaving young girls uneducated and unable to tend for themselves or be independent. This is where this act comes in the picture.
“Right to Education is not a privilege but a fundamental right for every citizen of India. There should be no discrimination under law based on sex when it comes to education. We have the Right to Education Act, 2009 which provides free and compulsory education for kids between 6-14 years of age and also provides for zero tolerance for sex or religion-based discrimination. The RTE act also addresses issues such as safety and hygiene, menstrual hygiene etc. for girls in school, to ensure that girls don’t drop out of school and can complete their basic schooling,” explains Appachu.
Legal Services Authority Act, 1987
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For instance, where the lack of financial means serves as a roadblock for women looking to pursue a legal course of action, the Legal Services Authority Act, 1987 acts as a sigh of relief. “Women have Right to free legal aid in India as per the Legal Services Authority Act, 1987. One can apply for a pro bono lawyer on nalsa.gov.in or walk into a Legal Services Authority office in the court complex in your city and apply for one,” adds Appachu.
Equal Remuneration Act, 1976
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Equal pay is a basic right for working women, even legally. The Equal Remuneration Act, 1976 provides for the payment of equal remuneration to workers of both genders and facilitates the prevention of any kind of discrimination on the basis of gender. For working women, laws like the Sexual Harassment of Women at Workplace Act, 2013, which protects women against any kind of sexual harassment at the workplace as well as the Maternity Benefit Act, 1961, which grants every working woman the right to have a full paid absence leave from work post-birth, also play an important role.