Lets be aware about your rights on international women’s day.

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There is no need to repeatedly cite figures and repeat cases. We all know that hundreds of women are raped every hour in India. While lakhs of women face harassment at domestic and professional places. From entertaining songs to even in the name of legal investigation, the dignity of women is being played with. While there is enough provision in the law to protect the safety and dignity of any woman. Despite this, due to lack of awareness, many women are unable to take advantage of their rights. On the occasion of International Women’s Day 2023, let us know about the rights that any woman can take advantage of in any situation.

Women are given special exemption due to certain reasons. It is also necessary to bring women forward in the society and to prevent crimes against them. But due to lack of much knowledge of these rights, they remain deprived of them. For more information, we spoke to Advocate Kamlesh Jain, Supreme Court of India, he shared some points regarding certain rights of women.

No woman can be arrested at night. Images – Adobe Stock

Here are the special rights given to women

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1 Right to Maternity Benefit

Advocate Kamlesh Jain pointed out that the Maternity Benefit Act 1961 states that every working woman is entitled to 26 weeks of fully paid leave from her work to take care of her newborn child. It is available for two babies up to 26 weeks. Leave for more than two children is only available for up to 12 weeks. This holiday is available to all women working in private sector or public sector. In 2017, the Act was amended to increase this period to 26 weeks.

Right against arrest at night

Section 46 of the Code of Criminal Procedure, 1973, provides for the manner of arrest, which states that no woman shall be arrested at night unless there are extraordinary circumstances justifying immediate action, and where such extraordinary Where the circumstances exist, the arrest should be made by a woman police officer. Who will give a written report to the concerned First Class Judicial Magistrate. And prior permission for arrest has to be obtained.

3 Right to dignified investigation

No woman witness shall be asked to appear at any place other than her place of residence for any purpose of enquiry. If the statement of a woman victim is to be recorded, it shall be done by a woman officer. If a medical examination is to be conducted on a woman victim, it shall be done by a woman doctor or in the presence of any other woman strictly observing decency. Two finger test to confirm rape is illegal. Advocate Kamlesh told that 20 to 30 years ago, it was decided whether a woman was raped or not through two finger test.

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4 No means the right to say no

Kamlesh Jain tells that every woman has complete freedom regarding her body and no one can force her to have sex without her consent. This would come under the category of rape. If the husband also tries to have forced sex without consent, the woman has the right to obtain a protection order under Section 18 of the Domestic Violence Act, 2005.

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In case of dowry death, harassment, domestic violence or disagreements, any woman has the right to break the marriage. Image: shutterstock

5 National Commission for Women Act 1990

It has been established by the National Commission for Women, which is a government body. The purpose of this act is to provide voice and power to women across India to speak about their issues and problems. The objective of this act is to improve the overall life of women and make them financially, physically independent.

6 The Indian Divorce Act, 1969

Weddings are not just big fat Indian weddings as it is seen in movies or serials. Rather, in case of dowry death, harassment, domestic violence or disagreements, any woman has the right to break the marriage. For this, Indian laws give every woman the right to seek divorce.

The Act only lays down the procedures for obtaining a divorce. Several provisions have also been kept in it which are related to the benefits a woman gets after divorce. Family Courts have been set up for hearing and disposal of such cases.

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