RIGHTS OF WOMEN UNDER INDIAN LAW

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RIGHTS OF WOMEN UNDER INDIAN LAW

A GENERAL AWARENESS PROGRAM FOR WOMEN EMPOWERMENT

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Domestic Violence Act, 2005

The Protection of women from Domestic violence Act, 2005 includes actual or threatened abuse against women in their homes including those of a physical, sexual, verbal, emotional or economic nature . Through this act, women are entitled to: Protection : The magistrate can pass orders to stop the offender from committing violence communicating with the woman or intimidating her family. Residence : can’t be evicted from shared household. Compensation : can claim damages for mental and physical injuries. Monetary relief and maintenance: including loss of earnings, medical expenses and damage to property. Punishments for acts include a imprisonment sentence of up to 1 year or rupees 20000 fine . Women have the right to get free legal services under the legal services authorities act 1987.

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Hindu succession (amendment) Act, 2005

Under Hindu Succession Act “Any property possessed by a Hindu female is to be held by her as absolute property and she is given full power to dealt with it and dispose it of by her will as she likes . Now female also entitled to equal shares in the unwilled property of father and in ancestral property. Parts of this act was amended in 2005 and now called Hindu succession (Amendment) A ct. Earlier the act didn’t give daughters equal rights to ancestral property but this disparity was removed by an amendment that came into force on Sep 9,2005.

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Dowery prohibition act, 1961

If any person after the commencement of this act, gives or takes dowry, he shall be punishable with imprisonment for a term which shall not ne less than 5 years and with fine which shall not be less than 15 thousand . “ Dowry means any property or valuable security given or agreed to be given either directly or indirectly. By one party to a marriage to the other party to the marriage.” Dowry prohibition officers: The state government may appoint as many dowry prohibition officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this act. Functions of Officers: ● To prevent as far as possible, the taking or abetting the taking of, or the demanding of the dowry . ● To collect such evidence as may be necessary for the prosecution of persons committing offences under the act

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Child marriage restraint act, 1929

“Child marriages in India have continued despite the enactment of laws for its prohibition as they have adverse consequences on women’s health, growth etc.” Penalties provided in Child Marriage Restraint Act 1929: whoever, being male above 21 year of age contracts child marriage shall be punished with simple imprisonment which may extendto 3 months and fine. No woman shall be punishablewith imprisonment. RECOMMENDATIONS • MWCD to advocate compulsory registration of marriages. • Age of parties to be verified at the time of marriage.

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THE HINDU ADOPTION AND MAINTAINENCE ACT, 1956

ADOPTION • The adopter must be Hindu and child must be capable of being adopted • They should have the capacity (Physical, Mental and Financial stability) to adopted the child. • Compliance with specifications met to make the adoption valid • Only unmarried Hindu women can legally adopt a child while married can give their consent to adoption by their husbands • The child should be under the age of 15 years.   MAINTAINENCE ● A Hindu wife is entitled to be maintained by her husband throughout the duration of her lifetime even if she is allowed to live separately. ● It is applicable for all marriages before or after the Act. ● If wife is widowed , then it is duty of her father-in-law to maintain her. ● Under this Act, the child is guaranteed maintainence from his/her parents until he/she ceases to be minor.

ADOPTION • The adopter must be Hindu and child must be capable of being adopted • They should have the capacity (Physical, Mental and Financial stability) to adopted the child. • Compliance with specifications met to make the adoption valid • Only unmarried Hindu women can legally adopt a child while married can give their consent to adoption by their husbands • The child should be under the age of 15 years.   MAINTAINENCE ● A Hindu wife is entitled to be maintained by her husband throughout the duration of her lifetime even if she is allowed to live separately. ● It is applicable for all marriages before or after the Act. ● If wife is widowed , then it is duty of her father-in-law to maintain her. ● Under this Act, the child is guaranteed maintainence from his/her parents until he/she ceases to be minor.

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Hindu marriage act,1955

Hindu Marriage act • The Act applies to all forms of Hinduism (for example, to a person who is a Virashaiva , a Lingayat etc . • The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and children so that they do not suffer from their parental issue . Conditions for marriage • Section 5 of The Hindu Marriage Act specifies that conditions must be met for a marriage to be able to take place. • Void marriages : Either party is under age (The bridegroom should be of 21 years of age and the bride of 18 years) • Voidable marriage: both parties must be of sound mind and capable of understanding the implications of marriage • Registration: Section 8 of the Hindu Marriage Act allows a state government to make rules for the registration of Hindu marriages particular to that state, particularly with respect to recording the particulars of marriage as may be prescribed in the Hindu Marriage Register

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divorce

Although marriage is held to be divine, the Hindu Marriage Act does permit either party to divorce on the grounds of unhappiness, or if he or she can prove that the marriage is no longer tenable Grounds of divorce: ● Adultery ●Cruelty ●Desertion ●Conversion ●Insanity ●Leprosy ●Venereal Disease ●Renunciation of world ●Presumption of death ●Mutual consent

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Remarriage

Remarriage is possible once a marriage has been dissolved by a decree of divorce and no longer able to be appealed (whether there was no right of appeal in the first place, or whether the time for appealing has expired, or whether an appeal has been presented but dismissed).

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Changes Brought About by the Hindu Marriage Act 1955 :

1 . The Act has declared that marriages amongst Hindus, Jains , Sikhs and Buddhists, are valid. 2 . The minimum age for marriage, 21 for boy and 18 for a girl. 3 . Registration of Hindu Marriage. 4 . The provision of divorce and the concept of divorce by mutual consent. 5 . The provision of re-marriage. 6 . Legitimacy of a child born out of either void or voidable marriage. 7 . Provision for the custody of children during the pendency of legal proceeding and even after the passing of decree

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Eve Teasing Act, 2011

Eve teasing is a ridiculous form of enjoyment for men and a physical as well as mental torment for women. This is one of the daily problems women in Indian society face. Of all the forms that violence against women can assume, eve teasing is the most ubiquitous and insidious because it is considered normal behavior and not an assault to females . Causes Of Eve Teasing:  Lack of family values  Stereotypical beliefs  Influence by friends  For fun and pleasure

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Section 354-IPC: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris ­ onment of either description for a term which may extend to two years, or with fine, or with both . Section 294-IPC : Whoever does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. Section 504-IPC: Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.