1. Right to Equality – Article 14
Every woman in India is equal in the eyes of the law. Article 14 ensures equality before the law and equal protection of the laws for both men and women. It means women have the same legal status and protection as men in every sphere — social, economic, political, and legal.
2. Right Against Discrimination – Article 15
Article 15(1) prohibits the state from discriminating against any citizen on the grounds of religion, race, caste, sex, or place of birth. Moreover, Article 15(3) allows the state to make special provisions for women and children, recognizing their historical disadvantage and promoting affirmative action for their welfare.
3. Right to Equal Opportunity – Article 16
Article 16 provides equality of opportunity in matters of public employment, meaning no woman can be denied a job or promotion based solely on her gender.
4. Right to Life and Personal Liberty – Article 21
One of the most powerful rights, Article 21 ensures every woman has the right to live with dignity, safety, and personal liberty. It extends beyond mere survival to include the right to health, privacy, education, and a violence-free environment.
⚖️ Legal Rights for Women in India
The Indian legal system has enacted several laws to provide specific protections and remedies for women and children. These include:
1. Protection of Women from Domestic Violence Act, 2005
This law protects women from physical, emotional, verbal, sexual, and economic abuse within households. It empowers women to seek protection orders, residence orders, and financial compensation.
2. Sexual Harassment of Women at Workplace Act, 2013
This law ensures a safe and respectful working environment for women. It mandates the establishment of an Internal Complaints Committee (ICC) in every organization to investigate and redress grievances of sexual harassment.
3. Dowry Prohibition Act, 1961
It criminalizes the giving and taking of dowry. Under Section 498A of the Indian Penal Code (IPC), cruelty or harassment of a woman by her husband or in-laws due to dowry demands is a punishable offense.
4. Maternity Benefit Act, 1961 (Amended 2017)
This act entitles working women to paid maternity leave of up to 26 weeks, along with job security, maternity benefits, and crèche facilities in certain establishments.
5. Equal Remuneration Act, 1976
This act mandates equal pay for equal work for both men and women, and prohibits gender-based discrimination in recruitment and service conditions.
6. Prohibition of Child Marriage Act, 2006
This law sets the minimum age of marriage as 18 for girls and 21 for boys. Child marriages are declared voidable, and those encouraging or solemnizing them face criminal charges.
7. Juvenile Justice (Care and Protection of Children) Act, 2015
This law is aimed at ensuring protection, care, rehabilitation, and legal aid to children in need — especially girls who are victims of trafficking, abandonment, or abuse.
Duties of Citizens and the State Towards Women
The Constitution not only guarantees rights to women but also imposes duties on the state and citizens to protect these rights:
1. Duty to Renounce Practices Derogatory to Women – Article 51A(e)
This is a Fundamental Duty under Part IVA of the Constitution. Every citizen is required to renounce practices that are disrespectful to the dignity of women — such as dowry, eve-teasing, female foeticide, and honor killings.
2. Duty of the State to Protect Women
Under the Directive Principles of State Policy, especially Articles 39(a) and (d), the state is directed to ensure that men and women equally have the right to adequate means of livelihood and equal pay for equal work. Moreover, Article 42 urges the state to ensure just and humane conditions at the workplace, including maternity relief.
3. Implementation of Positive Discrimination
The state is encouraged to introduce schemes and laws that promote education, employment, and safety for women and children. Examples include reservation for women in panchayats and welfare schemes like Beti Bachao, Beti Padhao.
Rights of Children That Also Protect Girls
Since many violations against women start in childhood (like child marriage, trafficking, and abuse), laws protecting children are equally critical:
- The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): Ensures free education for all children aged 6-14, especially empowering girl children.
- Protection of Children from Sexual Offences Act, 2012 (POCSO): Strictly punishes sexual assault, harassment, and pornography involving minors.
- National Policy for Children (2013): Affirms the right to survival, health, education, protection, and participation for every child.
Challenges in Implementation
Despite these progressive laws, implementation often falls short due to:
- Lack of awareness, especially in rural areas
- Societal stigma and victim-blaming
- Weak law enforcement and judicial delays
- Patriarchal mindsets and gender stereotypes
To overcome these, constant legal reforms, public awareness, education, and proactive governance are essential.
Mnemonic to Remember – “SHE POWER”
Here’s a simple mnemonic to help remember the key rights and duties related to women under Indian law:
S – Safety (Domestic Violence Act, 498A IPC)
H – Harassment Laws (Sexual Harassment at Workplace Act)
E – Equality (Articles 14, 15, 16 – Constitutional Rights)
P – Pay Equity (Equal Remuneration Act)
O – Opportunity (Equal opportunity in employment and maternity benefits)
W – Welfare Schemes & Workplace Safety (Maternity Benefit Act, Article 42)
E – Education (Right to Education Act, National Policies for Girls)
R – Rights of Children & Reproductive Freedom (POCSO, Child Marriage Act)
By remembering SHE POWER, you can easily recall the core legal safeguards that empower Indian women and protect children.
