Women Laws in India
Women Laws in India
Women Laws in India
Child Marriage: This is not just for girls. However, the incidents reported indicate
towards the underage girls. The Child Marriage Restraint Act, 1929, prohibits a girl
who is not 18 (age defined by the Hindu Marriage Act) to get married.
Improper Police Procedure: Under the high court directive, every police station must
have a lady officer, not of a post below that of Head Constable, available round-the-
clock and the police shall also help the victim of sexual assault of any degree with
counselling assistance and further aid towards the betterment of the victim. Besides,
a woman can only be searched by a lady officer and can be arrested only in the
presence of a lady officer. A woman cannot be arrested before sunrise or after
sunset, however, exceptions can be made under the directive of the magistrate.
Succession of Property: Under the Hindu Succession Act, 1956, females are granted
ownership of all property acquired either before or after the signing of the Act,
abolishing their “limited owner" status. However, it was not until the 2005
Amendment that daughters were allowed equal receipt of property as with sons.
Dowry: Dowry Prohibition Act, 1961, says that if any one gives or receives or even
helps the exchange, he or she will face a jail term five years or more and a fine of Rs.
15,000 or the sum of dowry.
Domestic Violence: The Protection of Women from Domestic Violence Act 2005 is
an Act of the Parliament of India enacted to protect women from domestic violence.
Primarily meant to provide protection to the wife or female live-in partner from
domestic violence at the hands of the husband or male live-in partner or his
relatives, the law also extends its protection to women living in a household such as
sisters, widows or mothers. Domestic violence under the act includes actual abuse or
the threat of abuse whether physical, sexual, verbal, emotional or economic.
Harassment by way of unlawful dowry demands to the woman or her relatives would
also be covered under this definition.
The Family Courts Act, 1954: The Court established to conclude upon matters
relating to family law like matrimonial reliefs, custody of children, maintenance for
wife and children etc is termed as Family Court. The Status of Women Committee in
1975 together with the report of the 59th Law Commission recommended the Central
Government to establish a separate judicial forum to settle family disputes
immediately before the beginning of the trial proceedings. Hence it was decided to
establish a family court in India by the Act of 1984. The Family Court shall have the
same status as that of a District Court and shall exercise the jurisdiction accordingly
and also empowered to initiate suits and proceedings in par with the conditions
stipulated by the Act. Where there is any chance for settlement of the dispute between
the parties, the Family Court shall postpone the proceedings and take steps for
settlement at the earliest. Under the Act a party to the dispute cannot claim the
service of a legal practitioner as of right, but the Court shall have the power to
appoint a legal profession. An aggrieved party may, however, prefer an appeal to the
High Court from an order of the Family Court. The High Court shall frame rules in
the matters connected there with, after publishing in the Gazette. The Act also
confers power on the Central and State Government to formulate rules as prescribed
under the Act.
The Maternity Benefit Act, 1961: (Amended in 1995) Section8 of the Act reads a
follows after April 2, 2008: "Payment of medical bonus. (1) Every woman entitled to
maternity benefit under this Act shall also be entitled to receive from her employer a
medical bonus of one thousand rupees, if no prenatal confinement and post-natal
care is provided for by the employer free of charge.