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.

Public Interest Litigation: How To File A PIL In India?

The phrase has gained widespread recognition in the context of current events. There are an end number of PILs being filed. However, are you aware of what a public interest litigation is? How may a PIL be filed? Who is eligible to submit a PIL? Here is everything you need to know about PIL before choosing to start the procedure. Any issue or policy of the government may be bothering you and may have long-term effects on the general public. These problems have the potential to undermine the general welfare and produce intolerable circumstances involving corruption, abuse, and violations of constitutional rights, among other things. PIL is the answer for you if you are a socially aware citizen. Using PIL, a potent legal weapon, you can try to correct the system.

What is the process for initiating a Public Interest Litigation in India? How does one go about filing a PIL?

What is litigation in the public interest?

It has to do with public interest, as the name implies. PILs, according to Wikipedia, are lawsuits filed to protect the public interest and show that socially disadvantaged persons can obtain justice.

Who Is Eligible to File a PIL?

An individual, a group of citizens, or a non-governmental organization may submit a PIL. The offended party need not be the only one who files a PIL. Any citizen may submit a PIL. Only the requirement that it be submitted in the public interest rather than for personal benefit will be enforced. The Honorable Court may even take suo moto cognizance if the issue is really important.

Where Do I File a PIL?

 The writ petition is extended by a PIL. There are two Articles that regulate the filing of a Public Interest Litigation (PIL) in India. One may file a Public Interest Litigation in either the Supreme Court or the High Court. Article 226 of the Constitution allows you to bring a Public Interest Litigation (PIL) before the High Court, while Article 32 allows you to file a PIL before the Supreme Court of India. If you are submitting a Public Interest Litigation (PIL) in the Supreme Court, you must file five copies of the PIL. The respondents will only receive copies of the PIL when the court notifies them of it.

However, you must serve a copy of the PIL to the respondents beforehand and provide two copies when filing a PIL in the High Court.

                                                  Read also:-   How Indian law works.

How Can a Public Interest Litigation Be Filed?

What is required in order to file a PIL? Which papers are needed in order to submit a PIL?

PIL filing is not as difficult as you may believe. To voice your concerns, you can send a straightforward letter or postcard to the Chief Justice of India or the Chief Justice of the High Court. However, if you can, it is preferable to follow the correct procedure. To file a Public Interest Litigation, you can do the following main actions. Compile all of the relevant facts about the problem.

- Make sure all the documents are compiled.

- Choose the court where you wish to file. 

- Send a PIL to the Chief Justice of the High Court in question in order to file it. 

- It should be addressed to the Chief Justice of India if it is being filed in the Supreme Court. 

- Two copies shall be submitted while filing it in the High Court, and the respondents should also receive a copy beforehand. 

- When the PIL is in the Supreme Court, five copies should be filed, and the respondents won't receive a copy until the court notifies them of it.

- Before filing a PIL, get advice from a qualified and experienced attorney since this can help you avoid wasting time on pointless stuff.

Documents Needed for PIL Filing

 The petitioner must include their name, occupation, yearly income, PAN number, phone number, email address, and postal address.

 - The petitioner's identification must be annexed. 

 - List names and addresses of all aggrieved parties.

 - List names and addresses of respondents or government agencies from which relief is sought by the petitioner.

 - Facts of the issue or case leading to fundamental rights violation

 - Nature of violation or injury

 - Any personal interest she/he/it may have.

 - The petitioner should also clarify about whether they will be able to pay the costs in case the court may impose any.

Can I file a PIL without a lawyer?

You have two options for presenting the case: in person or by hiring a Public Interest attorney. Hiring a lawyer to file a PIL, however, will be a smart move."

What is the required amount of money to file a PIL? 

The cost of filing a PIL is very low. A court fee of Rs 50 for each respondent must be paid by the petitioner and attached to the petition. Nonetheless, the expenses incurred to defend a case differ for each counsel. But be sure this isn't a pointless PIL before filing it. You might be charged by the court for wasting its time if you don't.

You are able to file a PIL

- For violating the fundamental human rights of underprivileged and impoverished individuals. 

- Policies of the government may impact social fairness, cause corruption, or violate    human rights.

- To force municipal officials to carry out their fundamental responsibilities. 

- Religious or fundamental rights violations

PILs cannot be filed for 

- Issues pertaining to services. 

- Issues pertaining to pay, pensions, gratuities, etc. 

- Tenant-landlord issues. complaints against local, state, and federal government agencies that do not involve matters covered by the Supreme Court's standards.

-  Issues concerning enrollment in educational establishments. 

-  Petitions asking the High Court and other courts to hold early hearings.

In conclusion, This is the process for bringing a Public Interest Litigation (PIL), and we hope that the information above answers all of your questions. A PIL should always contain the public interest to address the right issue and should not waste the court's time, thus whomever wishes to start should keep that in mind.

WHAT IS INDIAN LAW & HOW IT'S WORK ?

Indian law refers to the body of laws in India that govern the country and its citizens. It is a complex and multifaceted system influenced by the country's diverse cultural, historical, and social contexts. Here are some key characteristics and components of Indian law, along with an overview of how it works:

Characteristics of Indian Law

1. Common Law System: India follows a common law legal system, which is based on judicial precedents, customs, and statutes. English law heavily influenced Indian law during colonial rule, and many principles of English common law remain in effect.

2.Constitutional Framework: The Constitution of India, adopted in 1950, is the supreme law of the land. It lays down the fundamental rights and duties of citizens and establishes the structure of the government. All laws must comply with the Constitution.

3.Legislative Framework: Laws in India are made by the Parliament (for central laws) and state legislatures (for state laws). The legislative process involves several stages, including drafting, debating, and voting on bills.

4. Judiciary: The Indian judiciary is independent and has the power of judicial review to ensure that laws and executive actions comply with the Constitution. The Supreme Court of India is the highest court, followed by High Courts in each state and various subordinate courts.

5. Personal Laws: India recognizes personal laws governing marriage, divorce, inheritance, and adoption, which vary based on religion. For example, Hindus, Muslims, Christians, and other communities have their own personal laws.

Read also :- How to file criminal cases

 How Indian Law Works:

1. Legislation: The legislative process begins with the introduction of a bill in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). After discussions and approval from both houses, the bill is sent to the President for assent. Once the President approves it, it becomes law.

2. Judicial System: The judiciary interprets and applies the laws. Courts resolve disputes between individuals, organizations, and the state. The court system is hierarchical, with the Supreme Court at the apex, followed by High Courts and subordinate courts. Courts have the power to enforce rights and settle legal issues based on statutes, precedents, and constitutional provisions.

3. Enforcement: Law enforcement agencies, such as the police, are responsible for enforcing laws and maintaining public order. They investigate crimes, apprehend offenders, and aid in the judicial process.

4. Legal Aid and Access: India has provisions for legal aid to ensure access to justice for marginalized and economically disadvantaged individuals. Legal services are provided through various government schemes and nonprofit organizations.

5. Alternative Dispute Resolution (ADR): In addition to traditional court proceedings, mechanisms like arbitration, mediation, and conciliation are used to resolve disputes amicably and efficiently.

Overall, the Indian legal system aims to promote justice, protect fundamental rights, and ensure social order, reflecting the diverse and pluralistic nature of Indian society.