Women in our country face a lot of problems every day related to legal issues till date. Most of them are not accustomed to their legal rights. As per registered crimes- domestic violence, sexual assault, kidnapping, and rape are the majority.
This post is an effort from our side to help you become aware about your basic legal rights.
1. Right to get legal aid free of cost– Any persecuted woman has the right to get legal aid free of cost as per section 12(c) of the Legal Services Authorities Act,1987.
Free legal aid can be claimed on the website of the State Legal Services authorities or NALSA’s online portal (https://nalsa.gov.in).
2. Right to get maternity leave– A maternity leave for 26 weeks,12 weeks, and also 12 weeks can be taken for the first two children, for more than two children, and if a woman adopts a child less than three months, respectively as per The Maternity Benefit Amendment Act 2017.
Complaint against the employer to the labour court can be filed by a woman if she is being denied her maternity rights.
3. Right against arrest- As per section 46(4) of CrPC a woman cannot be arrested after sunset or before sunrise. In unavoidable situations a woman can only be arrested by a women police officer, that too after the 1st class Judicial Magistrate’s prior permission.
A woman can go to the high court if the law is violated. NGOs like PCVC, Majlis Manch etc., also work for women’s rights.
4. Right not to be interrogated in the police station- According to section 160 of CrPC, a woman, despite her age, cannot be summoned to a police station for interrogation. As per laws, she can give her statement in her residence in the presence of family members and a lady constable.
Websites like Pink Legal can help women to know the laws and procedures to get their rights.
5. Right against being stalked- In case a woman is being stalked in person or in the cyber world, she can file a complaint against the stalker.
A woman can call 1096 if she is being stalked in Delhi. Apart from Delhi, in India women can call 011123219750 to contact NCW.
Is these rights available in India ?