The principle of gender equality is enshrined in the preamble of the Constitution of India, fundamental rights, fundamental duties and political principles. The Constitution not only guaranteed women`s equality, but also empowered the State to take affirmative action in favour of women. Every woman has the right to live in dignity, free from fear, coercion, violence and discrimination. The law respects the dignity and modesty of women. Criminal law provides penalties for offences against women such as sexual harassment (§ 354A), assault with intent to undress them (§ 354B) or violate their modesty (§ 354), voyeurism (§ 354C), harassment (§ 354D), etc. “Do not be oppressed, know your rights and demand them, because when a woman defends herself, she defends all women. Section 114: Presumption of Lack of Consent in Certain Rape Proceedings.- In a prosecution for rape under subsection (a) or (b) or (c) or (d) or Section 376 (2) (2) (g) of the Indian Penal Code (45 of 1860), if sexual intercourse is proven by the accused and the matter is: whether it was without the consent of the woman who was allegedly raped and she testified before the Court that she did not consent, the court presumes that she did not consent. Section 354D of the Penal Code opens the door to legal action against an offender if he follows a woman, attempts to contact her, in order to repeatedly encourage face-to-face interaction despite a clear indication of disinterest; or monitor a woman`s use of the Internet, email, or other form of electronic communication. If you are an aggrieved woman, you are entitled to free legal advice under the Legal Services Authorities Act 1987, whether or not you can afford to pay for legal services yourself. There are district, state, and national legal service agencies established at the district, state, and country levels. Legal services include assistance in the conduct of cases or other legal proceedings before a court or authority, as well as advice on legal matters. Surrogacy, concept of uterine annuity The word “surrogate mother” comes from a Latin word “substitute”, which means surrogate, that is, a person appointed to act in place of another.
Surrogacy is a practice in which a woman agrees to become pregnant and give birth to one or more other persons to whom she wishes to transfer custody of the child at birth or shortly thereafter. If the pregnant woman received compensation for carrying and giving birth to the child (in addition to medical and other reasonable costs), the agreement is called commercial surrogacy, otherwise the agreement is sometimes called altruistic surrogacy. Surrogacy in India Commercial Surrogacy Why ban the uterus for rent? Surrogacy its legal implications Problems and problems of the surrogate mother and her child Sociological, political, moral and legal implications of surrogacy Artificial insemination and in vitro fertilization and challenges for the legal system Except in exceptional cases by order of a first-class judge, a woman cannot be arrested after sunset and before sunrise. Let`s turn to the aspect of legal jurisdiction in light of the circumstances listed above, as some of the important laws have a direct impact on the lives of ordinary Indian women. (a) Section 6 of the Prenatal Diagnostic Technology (Regulation and Prevention of Abuse) Act 1994 prohibits any person in charge of a hospital or laboratory from performing a test to determine the sex of a child`s foetus in the womb, an offence punishable by imprisonment for up to three years and a fine under section 22 of that Act; and any physician deemed lenient. in such a law, the Landesärzterat may also exclude the exercise of a medical activity. (b) At the same time, reference may be made here to the Medical Termination of Pregnancy Act of 1971, which provides for the practice of an abortion by a person who is not a licensed practitioner and even by a doctor without the consent of the pregnant woman or her guardian (if she is under 18 years of age, B. a mentally disabled person) if the pregnancy exceeds 12 weeks but does not exceed 20 weeks, including to save the life of the pregnant woman or to seriously harm her physical or mental health, or if there is a significant risk that such a child will be severely disabled at birth. Thus, it will be demonstrated that the law of the land wants to ensure that a female childhood is not discriminated against or practiced not only after birth, but even at the stage of pregnancy or when she is a child. (c) To ensure that such a girl is not traumatized, the law also prohibits her marriage before she reaches the age of 18, and anyone who marries such a girl: (d) a female under the age of 18 may also be punished by imprisonment for up to three months and a fine. Indian law protects women very well.
These 8 most common but most fundamental rights of women should be known to every Indian woman. A person who knows the law does not need a firearm. The law itself is his weapon that makes him the most powerful person. Awareness of your rights makes you wise and just. Only if you are aware of your rights can you fight any injustice that happens to you at home, at work or in society. So, dear ladies, the main thing is: remember, knowledge is power. As a parent, wife, daughter, employee and wife, these are rights that have been established to protect you and it is important that you are aware of this. To ensure privacy, a woman who has been sexually assaulted may record her testimony alone before the district judge while the case is ongoing or in the presence of a police officer.
Maintenance includes basic life needs such as food, shelter, clothing, education, health facilities, etc. A married woman is entitled to alimony from her husband even after her divorce until she remarries. Maintenance depends on the wife`s standard of living, the husband`s situation and income. Article 125 of the 1973 Code of Criminal Procedure obliges the husband to support his divorced wife, unless the wife is adulterous or refuses to live with her husband without reasonable cause, or they are separated by mutual consent. According to the above section, any Indian woman, regardless of caste and religion, can claim alimony from her husband. (a) The rights of adult/married women under the General Employment and Physical Welfare Laws are specifically mentioned here. In this context, it should be noted that Articles 15 and 16 of the Constitution of India prohibit discrimination against a “citizen” on the grounds, inter alia, of sex or on matters related to employment or appointment to elective offices of the State. (b) With regard to the issue of the physical well-being of married women, it may be noted here that a husband or his family members who treat a woman cruelly may be liable to imprisonment for up to three years and a fine under Section 498-A of the Indian Penal Code, but the death of a woman married in a manner other than under normal circumstances within 7 years of her marriage may be considered a “dowry-related death”; if it is proven that she was cruel or harassed by her husband or a relative shortly before her death, or as part of a dowry request. (c) In the case of a woman assisted by suicide, the instigator may be punished by imprisonment for up to ten years in addition to the fine. The Hindu Marriage Act 1955 also covers alimony, but only for Hindu women. While the 1939 law on the dissolution of Muslim marriage covers only Muslim women. (iii) The State must make special provision for women and children (Article 15, paragraph 3) Status of Women in India Swami Vivekanand rightly said, “Just as a bird cannot fly with one wing, a nation cannot move forward if women are left behind.”
