Showing posts with label legal right. Show all posts
Showing posts with label legal right. Show all posts

Friday, March 28, 2025

LAW RELATED TO WOMEN

 Laws related to women vary by country, but there are certain key areas where women’s rights are typically protected. Here are some broad categories of laws often in place to safeguard women's rights:

                          


1. Constitution of India


Article 14: Everyone, including women, is equal before the law. This means no one can be treated unfairly just because of their gender.

Article 15: Discrimination based on sex (gender) is not allowed. This means women should not be treated differently from men.

Article 21: Women have the right to live with dignity and safety, which includes protection from violence or unfair treatment.


2. The Protection of Women from Domestic Violence Act, 2005


Section 3: Domestic violence includes any physical, emotional, or sexual abuse within the home. If a woman is being abused, this law protects her.

Section 12: A woman who is experiencing violence can approach the court for protection, and the court will issue orders to stop the abuse.

Section 18: The woman can get a protection order that stops the abuser from coming near her, calling her, or threatening her.

Section 20: The woman can also ask for compensation for the harm she has suffered due to the abuse.


3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013


Section 3: Sexual harassment at work includes things like unwanted touching, comments, or advances, and is illegal.

Section 4: Employers must set up a committee to prevent sexual harassment and address complaints.

Section 11: If a woman faces harassment, she can file a complaint with the internal committee, which will investigate the matter.


4. The Equal Remuneration Act, 1976


Section 4: Women should be paid the same amount as men if they are doing the same job with equal skills and responsibilities.

Section 5: Employers who don’t follow this rule can be fined or punished.


5. The Dowry Prohibition Act, 1961


Section 3: Giving or taking dowry (money or gifts given at the time of marriage) is illegal. This includes both demanding and accepting dowry.

Section 4: Anyone who demands dowry can be punished with imprisonment and a fine.


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6. The Indian Penal Code (IPC), 1860


Section 375: Defines rape. If a man forces a woman into sexual activity without her consent, it is considered rape and is a crime.

Section 498A: If a woman is being treated cruelly by her husband or his family, such as through abuse or harassment, it’s a crime.

Section 354: If someone tries to touch a woman inappropriately or attacks her modesty, it is a criminal offense.

Section 377: This section criminalizes unnatural sexual offences, such as sexual acts against women without consent.


7. The Maternity Benefit Act, 1961


Section 3: If a woman is pregnant, she is entitled to paid maternity leave from her job for a certain number of weeks.

Section 9: A woman cannot be fired or treated unfairly for taking maternity leave.


8. The Hindu Succession Act, 1956


Section 6: Daughters now have the same rights as sons to inherit property in a Hindu family. They are considered equal heirs.

Section 8: If a Hindu woman dies without a will, her property will be inherited by her family members according to law.


9. The Prohibition of Child Marriage Act, 2006


Section 3: If a girl is married before the age of 18, the marriage is considered illegal.

Section 4: Those who perform or support child marriages can be punished.


10. The Family Courts Act, 1984


Section 2: Family courts are set up to help women and families solve issues like divorce, child custody, and maintenance.

Section 20: A woman can file for maintenance (financial support) from her husband or partner if they separate or divorce

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11. The Commission of Sati (Prevention) Act, 1987


Section 3: This law makes it illegal to force or encourage a woman to commit "sati" (self-immolation after her husband’s death).

Section 4: Anyone who supports or helps someone commit sati can be punished severely.


12. The Indian Divorce Act, 1869


Section 10: Provides the grounds on which a Christian woman can file for divorce, such as cruelty or adultery.

Section 36: If a woman is divorced, she can claim alimony (financial support) from her husband.


These laws aim to protect women's rights in various aspects of life, from safety and equality to family and work. They ensure that women have legal recourse if their rights are violated, and they also seek to eliminate harmful practices like dowry and child marriage.


Monday, March 24, 2025

MAJOR LEGAL RIGHTS OF A PERSON ARRESTED BY THE POLICE

 The principal legal rights of a person arrested by the police are as follows:





1. Right to be Informed of the Grounds of Arrest : As per Section 50 of the Criminal Procedure Code (CrPC), an arrested person has the right to be informed of the reasons for their arrest and the charges, if any, against them, at the time of arrest.


2. Right to Legal Representation : Under Article 22 of the Constitution of India and Section 41-D of the CrPC, an arrested person has the right to consult a legal practitioner of their choice. In case the arrested person cannot afford a legal practitioner, the police are bound to inform them of their right to free legal aid.


3. Right to Remain Silent : As per Article 20(3) of the Constitution of India and Section 161(2) of the CrPC, an arrested individual has the right to remain silent and not to answer any questions that may incriminate them. No coerced confessions or statements may be taken from them.


4. Right to be Informed of Rights : It is obligatory for the police to inform the arrested person of their rights, including the right to consult a legal practitioner, the right to be produced before a Magistrate within 24 hours of arrest, and the right to seek bail (Section 50 of CrPC).


5. Protection from Torture and Cruelty : Under Section 330 and 331 of the Indian Penal Code (IPC) and Article 21 of the Constitution, the arrested person is entitled to be free from physical or mental torture, inhuman or degrading treatment, and must not be subjected to any form of torture during arrest, detention, or interrogation.


6. Right to be Produced Before a Magistrate : In accordance with Section 57 of the CrPC, every person arrested shall be produced before a Magistrate within 24 hours of their arrest, excluding the time required for travel, for the purpose of judicial scrutiny of the detention.

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These rights are enshrined to ensure the protection of the arrested person's fundamental freedoms and ensure compliance with due process of law.

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