KNOW YOUR POWER: THE 5 MOST IMPORTANT LEGAL RIGHTS FOR INDIAN WOMEN

In India, the legal framework has undergone significant evolution to safeguard the dignity, equality, and empowerment of women. While many of these rights exist in statutes, a lack of awareness often prevents women from fully exercising them. Knowing one’s legal rights is the first step toward protection, independence, and informed decision-making. This article outlines five essential rights every Indian woman should be aware of, based on key legislative provisions that aim to ensure gender equality, safety, and social security.

Platforms like TMWala, which focus on spreading legal literacy and providing accessible information, can play a crucial role in ensuring these rights reach every woman.

FIVE ESSENTIAL RIGHTS

Right to Equal Pay: Equal Remuneration Act, 1976

One of the foundational principles of workplace equality is the right to receive the same pay as men for performing the same or similar work. Section 4 of the Equal Remuneration Act, 1976 explicitly mandates that no employer shall pay women workers less than men for similar nature of work. The Act defines “same work or work of a similar nature” as work requiring similar skill, effort, and responsibility.

The law imposes the following obligations on employers:

• Equal Pay for Equal Work: Employers must ensure that women are not paid at rates less favourable than those paid to men for the same or similar work.
• Non-Reduction of Wages: Employers cannot reduce the wages of men or women to comply with equality standards. In other words, equal remuneration must be achieved by raising the lower wage, not decreasing the higher one.
• Uniform Rates Where Discrepancies Existed: If different rates existed before the Act’s commencement based solely on gender, the highest of such rates becomes applicable to both men and women.

This provision is foundational in promoting financial independence and workplace equality for women. Although wage disparity persists in various sectors, the Act offers a strong legal remedy for women seeking justice.

If you want a broader view of the legal protections available to all citizens, check out our guide on the Top 5 Rights Every Indian Should Know. It breaks down essential rights every Indian should keep in mind.

Right to Inheritance and Property: Hindu Succession (Amendment) Act, 2005

The 2005 amendment to the Hindu Succession Act marked a watershed moment in the quest for gender equality in property rights. Before this amendment, daughters were not recognized as coparceners in Hindu joint family property, meaning they had no birthright to ancestral property.

Following the amendment:

• Daughters Became Coparceners by Birth: Daughters now have the same rights as sons to ancestral property, from the moment of their birth.
• Equal Rights to Partition: A daughter can demand partition of joint family property and is entitled to an equal share.
• Equal Liabilities: Along with rights, daughters also bear the same responsibilities and liabilities as sons concerning family debts and obligations.

The reform removed longstanding discrimination and legally positioned daughters on the same footing as sons. It has empowered women economically and symbolically reinforced their equal status within the family structure. Despite occasional disputes and the need for judicial clarification, the principle of equal inheritance is now firmly established. This is an area where platforms like TMWala can empower women by offering simplified explanations and guidance related to inheritance issues.

Right to Maternity Leave: Maternity Benefit (Amendment) Act, 2017

Maternity rights are crucial for ensuring that women are not forced to choose between career and motherhood. The Maternity Benefit Act originally granted 12 weeks of maternity leave. The 2017 amendment brought significant improvements to support working mothers.

Key provisions include:

• Enhanced Maternity Leave: Women are entitled to 26 weeks of paid maternity leave for the first two children. The leave can be availed up to 8 weeks before the expected delivery and the remaining weeks post-delivery.
• Subsequent Children: For the birth of a third child and onward, the entitlement remains 12 weeks.
• Adoptive and Commissioning Mothers: The amendment also provides 12 weeks of maternity leave to adoptive mothers (of a child below three months) and commissioning mothers.

This law helps safeguard women’s health, employment security, and overall well-being during and after pregnancy. Employers are legally prohibited from dismissing a woman during her maternity leave or placing her in a disadvantageous position because of her maternity-related absence.

Right to Protection Against Sexual Harassment at Workplace: POSH Act, 2013

Ensuring a safe and dignified work environment is a legal right for every woman in India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the POSH Act, lays down comprehensive measures to prevent and address sexual harassment.

The Act defines sexual harassment broadly, covering both physical and non-physical forms of misconduct. It includes:

• Unwelcome physical contact and advances,
• Demands or requests for sexual favors,
• Making sexually colored remarks,
• Showing pornography,
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

Additionally, the Act recognizes several circumstances that may amount to sexual harassment, such as:

• Promise of Preferential Treatment: Any implied or explicit offer of favourable treatment in job matters in exchange for sexual favours.
• Threat of Detrimental Treatment: Threats of adverse employment consequences for non-compliance.
• Threat to Employment Status: Any conduct affecting present or future employment prospects.
• Hostile Work Environment: Creating an intimidating, offensive, or hostile workplace.
• Humiliating Treatment: Any form of treatment that impacts a woman’s health or safety.

Every workplace with more than ten employees must constitute an Internal Committee to address complaints. The Act empowers women to report incidents and ensures confidentiality and fair redressal mechanisms. Promoting accountability reinforces the fundamental right to work without fear or harassment.

Right to Maintenance Under BNSS

The right to maintenance is essential for ensuring financial security for women, especially those who may be unable to support themselves. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), provisions relating to maintenance for wives, children, and parents remain consistent with earlier protections.

According to the relevant section:

• Maintenance for Wives: Any person who has sufficient means but neglects or refuses to maintain his wife who is unable to maintain herself can be legally compelled to provide financial support.
• Definition of ‘Wife’: The law clearly states that the term “wife” includes a divorced woman who has not remarried, ensuring that divorced women are not left without recourse.

This provision plays a crucial role in preventing destitution and ensuring that women are supported when they are financially dependent. It provides an accessible remedy through a simple legal process, reinforcing social justice and the duty of care within family structures.

CONCLUSION

Awareness of legal rights is an essential step toward empowerment. The rights outlined include equal pay, inheritance, maternity benefits, protection from sexual harassment, and maintenance form a crucial part of the legal shield available to women in India. Each of these provisions reflects the nation’s commitment to gender equality, dignity, and safety.

While laws provide the framework for justice, awareness and implementation are equally important. Women must not only know their rights but also feel empowered to claim them. As society progresses, strengthening these rights and ensuring their effective enforcement will remain central to building a more just and equitable India for all women. Digital platforms such as TMWala serve as valuable tools in spreading legal literacy, simplifying complex laws, and enabling women to take informed and empowered action.

FAQs

1. What is the Equal Remuneration Act, 1976?
   It ensures women receive the same pay as men for the same or similar work.
2. Can an employer reduce wages to ensure equal pay?
   No, equal pay must be achieved by increasing the lower wage, not reducing the higher one.
3. What rights do daughters have under the Hindu Succession (Amendment) Act, 2005?
   Daughters are coparceners by birth and have equal rights and liabilities as sons in ancestral property.
4. How long is maternity leave under the Maternity Benefit (Amendment) Act, 2017?
   26 weeks for the first two children and 12 weeks for the third child onward.
5. Are adoptive mothers entitled to maternity leave?
   Yes, adoptive and commissioning mothers of children below three months are entitled to 12 weeks of leave.
6. What constitutes sexual harassment at the workplace under the POSH Act, 2013?
   It includes unwelcome physical contact, sexual advances, remarks, pornography, or creating a hostile work environment.
7. What should workplaces with more than ten employees do under the POSH Act?
   They must form an Internal Committee to address complaints of sexual harassment.
8. What is the right to maintenance under BNSS?
   Women who cannot maintain themselves are entitled to financial support from their husband or family, including divorced women who have not remarried.
9. How can women know if their rights are being violated?
   Platforms like TMWala provide legal information and guidance to help women recognize and act on violations.
10. Why is awareness of legal rights important for women?
    Knowing their rights empowers women to claim protection, financial security, and equality under the law.