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Rights and Privileges
Constitutional Provisions*
It is said that the status of woman in a society determines its stage in the process of civilization. The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, education and political disadvantages faced by them. Fundamental Rights, among others, ensures equality before the law, equal protection of law, prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and guarantees equality of opportunity to all citizens in matters relating to employment. The gender-neutral constitution has made a number of constitutional provisions in favor of women to safeguard their constitutional rights and to lead them towards equality and empowerment.
Constitutional Privileges |
| (i) |
Equality before law for women (Article 14) |
| (ii) |
The State not to discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them (Article 15(i)) |
| (iii) |
The State to make any special provision in favour of women and children (Article 15 (3)) |
| (iv) |
Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state (Article 16) |
| (v) |
The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39 (a); and equal pay for equal work for both men and women (Article 39 (d)) |
| (vi) |
To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39 A) |
| (vii) |
The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42) |
| (viii) |
The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation (Article 46) |
| (ix) |
The State to raise the level of nutrition and the standard of living of its people and the improvement of public health (Article 47) |
| (x) |
To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51 (A) (e)) |
| (xi) |
Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes ) of the total number of seats to be filled by direct election in every Panchayat to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D (3)) |
| (xii) |
Not less than one-third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4)) |
| (xiii) |
Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T(3)) |
| (xiv) |
Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide (Article 243 T (4)). |
Women Specific Provisions in the Criminal Law
The Indian penal code (IPC) provides for equal protection to men and women with regard to their personal security, individual freedom, property and dignity. However, after giving due consideration to certain specific physical nature (disadvantages) of women, some special protections are incorporated into the criminal law.
Section 312 speaks about causing a woman with child to miscarriage. If miscarriage is caused not to save the life of the women, the person who causes it is liable to be punished.
Section 313 provides that if the crime is committed without the consent of the women, it is liable for punishment and fine.
Section 314 provides for a situation where death is caused while doing any act with intent to cause miscarriage of a woman with child. The person committing this offence is liable for imprisonment and fine.
Section 315 declares that if any person does any act to prevent the child from being born alive or to cause it to die after birth, that person is liable for punishment.
Section 316 provides for causing death of quick unborn child by an act amounting to culpable homicide.
Section 304B deals with the offence of dowry death. This was included by an amendment of the IPC by Ministry of Home Affairs. It put forward three different Acts ie., Section 113A of the Indian Evidence Act, Section 498A of the IPC, and 198A of the Criminal Procedure Code.
Section 354 is regarding outraging modesty. Under this section assault or criminal force to women with intent to out rage her modesty is an offence. Whoever commits this offence shall be punished with imprisonment of either for a tern, which may extend up to two years or with fine or with both.
Section 366-A is about the offence of procuring of a minor girl.
Section 366-B is against the importing of a girl form a foreign country.
Section 375 and 376 deals with sexual offences.
Section 375 is against rape. It defines rape: “A man is said to commit rape who except in the case hereinafter excepted, has sexual intercourse with a women under circumstances falling under any of the six following descriptions: First against her will; secondly, without her consent; thirdly, with her consent when her consent has been obtained by her or any person in whom she is interested in fear of death or hurt, fourthly, with her consent when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; fifthly, with her consent , when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substances she is unable to understand the nature and consequences of that to which she gives consent; sixthly, with or without her consent, when she is under sixteen years of age.
Section 376 says that if a woman is compelled to sexual intercourse without consent, she may be entitled to redress from the law. But the woman shall prove that:
• she was not a consenting party to the intercourse;
• intercourse did occur;
• she did not by her manner of dress or any other way invite intercourse;
• she did not resist rape under consideration of fear or because she was aware that resistance would invite the rapist to further violence.
The rape law had been amended in 1983, as a result of the campaign against the provision of Indian Penal Code, following the Supreme Court verdict in Madhura Rape Case. Besides, on the bass of the recommendations of the 80th Law Commission, the government amended the rape law and passed the Criminal Law (Amendment) Act in 1983 wherein it shifted the burden of proof to the accused person, if sexual assault is established. The amendment include that the trial will be secret, i.e. the possibility of social protest becomes impossible. Therefore, it gives protection to the victim from the glare of publicity during investigation and trial. The amendment established the notion of custodial rape as a new concept of jurisprudence and changed the definition of rape to remove the element of consent. Therefore, it can be assumed that these are gender-sensitive considerations that a women victim of rape is entitled to have different kind of treatment.
Section 493 to 498 are provisions relating to matrimonial offences.
Section 493 deals with cohabitation caused by a man deceitfully inducing a belief of lawful marriage while section 494 deals with marrying again during lifetime of husband or wife.
Section 495 speaks about same offences with concealment of former marriage ceremony fraudulently gone through without lawful marriage.
Adultery is dealt with in section 497: a man who does sexual intercourse with a married woman without the knowledge of husband of that woman commits adultery. This act is not rape.
Section 498 makes enticing or taking away or detains with criminal intent married woman punishable.
Section 498A is to deal with cruelty. It makes cruelty to a married woman a crime. The section reads: “Whoever being the husband or relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to fine.” The section defines cruelty as:
• Any willful conduct which is of such a nature as is likely to drive the women to commit suicide or to cause grave in jury or danger to life, limb or health (whether mental or physical) of the woman: or
• Harassment of woman where such harassment is with a view to coercing her or any person related to meet any unlawful demand for any property or valuable security or is on account of failure by her such demand.
This section broadened the scope of domestic violence. It makes it lawful for the police to arrest the accused husband or in-laws immediately after a complaint is registered.
Section 506 provides for criminal intimidation.
Section 509 is against eave teasing. The section reads; “ whoever intending to insult the modesty of any woman, utters any sound or gesture, or exhibits any objects, intending that such a word or sound shall be seen by such woman, or intrudes into the privacy of such woman shall be punished with simple imprisonment for a term which may extend to one year, or with fine or both.”
Criminal Procedure Code of 193 directs the conduct of criminal procedure.
Section 5 provides for the search for a woman,
Section 53 (2) deals with examination of a person accused by a medical practitioner.
Section 160(1) speaks about attendance of woman witness required by police officer;
Section 437(1) provides for bail of woman suspect for non – cognizable offence. The court also insists upon the privacy of a woman in police custody.
Section 437 (1) provides:
(1) if the investigating officer wants to examine a child below 15 or a woman (whether pardanashin or not) he must come to their residence.
(2) If this child or woman is kept under restraint in the police station or other place of investigation, the investigation officer is liable to punishment under IPC341-342.
Section 198 directs that the criminal courts shall take the cognizance of marriage offences only on the complaint of a person aggrieved by the offences and makes special concession with regard to the complaint filed by her father, mother, brother, sister, son or daughter or by her father’s father or mother’s brother or sister. Apart from the various constitutional provisions, the state has enacted various woman specific laws also for the protection of woman’s rights.
To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to counter social discrimination and various forms of violence and atrocities and to provide support services especially to working women. Woman’s problems have to be considered with special reference to the sphere of marriage, divorce, maintenance of guardianship and succession to property besides the right to hold property. There is still a large gap between the legal rights and the social attitudes and benefits which come in the way of actual emancipation of women. Though theoretically a woman is recognized as the social equal of men the institutions of caste and the patriarchal family religious modes and the dominant value systems are still surcharged with the spirit of male dominance. The work role of women on the one hand brings the wife out of the limited sphere of the home and on the other hand, it makes continuous demands on her time and energies
Although women may be victims of any of the crimes such as Harassement, ‘Rape, Molestation, Cheating’ etc, the crimes, which are directed specifically against women, are characterized as ‘Crime Against Women’. These are broadly classified under two categories.
1. The Crimes Identified Under the Indian Penal Code (IPC)
• Rape (Sec.376 IPC)
• Kidnapping & Abduction for different purposes (Sec.363-373)
• Homicide for Dowry, Dowry Deaths or their attempts (Sec.302/304-B IPC)
• Torture, both mental and physical (Sec.498-A IPC)
• Molestation (Sec.354 IPC)
• Sexual Harassment (Sec. 509 IPC)
• Importation of girls (upto 21 years of age)
2. The Crimes identified under the Special Laws (SLL)
Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments carried out to keep pace with the emerging requirements. Some acts which have special provisions to safeguard women and their interests are:
• The Employees State Insurance Act, 1948
• The Plantation Labour Act, 1951
• The Family Courts Act, 1954
• The Special Marriage Act, 1954
• The Hindu Marriage Act, 1955
• The Hindu Succession Act, 1986
• Immoral Traffic (Prevention) Act, 1956
• The Maternity Benefit Act, 1961 (Amended in 1995)
• Dowry Prohibition Act, 1961
• The Medical Termination of Pregnacy Act, 1971
• The Contract Labour (Regulation and Abolition) Act, 1976
• The Equal Remuneration Act, 1976
• The Child Marriage Restraint (Amendment) Act, 1979
• The Criminal Law (Amendment) Act, 1983
• The Factories (Amendment) Act, 1986
• Indecent Representation of Women (Prohibition) Act, 1986
• Commission of Sati (Prevention) Act, 1987
* Source: Kerala Women’s Commission, Status of Women in Kerala, A Report Based on Sample Studies
SPECIAL INITIATIVES FOR WOMEN |
(i) National Commission for Women
The NCW, a statutory body set up under the National Commission for Women Act, 1990 to safeguard the rights and interests of women. The NCW set up on 31st January, 1992 under the Chairpersonship of Ms. Jayanti Patnaik.
The major objective of NCW are :
• Review of the implementation of both women specific and women-related legislations and suggest amendments whatever needed.
• To function as an agency to keep surveillance and facilitate redressal of grievances of women. The commission also holds public hearings to listen to the grievances of the affected women. more...
(ii) Reservation for Women in Grassroot level Democratic Institutions (1993)
The 73rd and 74th Constitutional Amendment Act of the year 1993 mark historic event in the advancement of Indian women as they ensure one-third of total seats for women in all elected offices of local bodies, in rural areas and urban areas.
(iii) The National Plan of Action for Girl Child (1991-2000)
This plan was implemented in the year 1991 as a part of programme to improve the status of girl-child. Sex determination test were banned in order to prevent female foeticide. Survey was conduced regarding status and problems of girl-child and conclusion were drawn. Use of multimedia was promoted to develop a positive image of girl-child. State Governments were made responsible to fulfill the local requirements and ensure holistic developments of a girl-child. more..
(iv) National Policy for the Empowerment of Women, 2001
The Department of Women & Child Development in the Ministry of Human Resource Development has prepared a “National Policy for the Empowerment of Women” in the year 2001. The policy was drawn up by the Department of Women and Child Development in the Ministry of Human Resource Development through a process of consultation with non-government organisations, women activists, academicians, women Members of Parliament, Central Ministers and departments and the State Governments and UTs.
The origin of the policy lies in the recommendations made in the National Perspective Plan for Women (1988 – 2000 AD). A commitment to adopt a National Policy for Women was also made in the Fourth World Conference on Women held in Beijing in 1995. more....
Goal and Objectives of the policy
The goal of this policy is to being about the advancement, development and empowerment of women through a process of change in societies attitudes towards women, elimination of all forms of discrimination against women and active participation of women in all spheres of life and activities. It will empower women both socially and economically.
The policy will guide and inform action at all levels and integrate women’s concerns and perspectives into all macro level initiatives.
(v) National Perspective Plan for Women (1988)
The National Perspective Plan for Women (NPP) was drawn up to facilitate main streaming women’s issues in policies and programmes. It is linked to national targets determined for the end of the century in respect of certain standard development indicators and is the first comprehensive report since the year 1974 on women and development in India.
The NPP has recognized the need to highlight women’s concerns and stated that a parallel substream of women’s development, even if possible, would only perpetuate discrimination and sub-ordination. It has flag marked the initiatives required and set out a series of action points relating to sectors of rural development, health, legislation, political participation, education, employment, support services, communication and voluntary action.
(vi) Committee on Status of Women (1971)
It was appointed in India in the year 1971 to examine constitutional, legal and administrative provisions that have a bearing on social status of women. Co-education was encouraged. At university level, more relevant courses were introduced for students. Secondary education was made free and compulsory for all girls. Admissions were even made more flexible so that more and more girls enrolled in the education.
| FREQUENTLY ASKED QUESTIONS (FAQs) - WOMEN'S RIGHTS* |
| (i) |
Girl
Child's Right to Birth and Survival: |
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Q. 1. Is it an offence to remove foetus or commit acts
leading to infanticide?
A.Yes. The
Indian Penal Code, 1860, the Medical
Termination
of Pregnancy (MTP) Act, 1971, the Prenatal Diagnostic Techniques (Regulation
and Prevention of Misuse) Act, 1994 prohibit illegal acts leading to female
foeticide and infanticide and provides punishment to the perpetrators. The MTP
Act permits medical termination of pregnancy by a Registered Medical
Practitioner (RMP) in limited circumstances such as, danger to the mother's
life; substantial risk to the child being born; where pregnancy is the result
of rape; failure of contraception etc.
Q. 2. Is it compulsory to obtain permission before
undertaking Medical Termination of Pregnancy?
A. Yes.
Under section 3 of the MTP Act it is compulsory to obtain the permission of the
pregnant woman, except in cases where the pregnant woman is a minor or a lunatic,
in which, guardian's consent is required.
Q.3.
Is it compulsory to get the 'Birth' and 'Deaths' registered?
A. Yes. It is compulsory for each and every one of us to get the
'birth' and 'death' registered with the Registrar, Births and Deaths in accordance
with the provisions of the Registration of Births and Deaths Act, 1969. For
example the 'birth registration' certificate is compulsory for admitting a
child in school and 'death' registration certificate is necessary for claiming
lawful dues such as pension, insurance etc. If anyone fails to register the
births on time, they can still approach the Registrar or obtain an affidavit
from the Magistrate in this regard. |
| (ii) |
Right to Health Care: |
| |
Q. 4. Is it obligatory on the part of the doctors to provide
, immediate medical aid?
A. Yes. In accordance with the Supreme Court directions in Pt.
Parmanand Katara's case (AIR 1989 SC 20) it is obligatory for every doctor
be it in Government or private hospital to extend immediate medical aid to the
accident victims without insisting on Police Report/Records. Besides, the Court
in series of cases held the right to health care a fundamental right of
citizens under Article 21 of the Constitution of India. |
| (iii) |
Protection to Women at Workplace: |
| |
Q. 5. Will it be permissible under the GOI Rules to seek
posting of husband and wife at same station?
A.
Yes. The
Government of India Policy (see, O.M.No.14034/l0/86-Estt.(D) dated 5th June,
1986) provides that "as far as possible and within the constraints of
administrative feasibility, the husband and wife should be posted at the same
station to enable them to lead a normal family life and to ensure the education
and welfare of their children."
Q. 6. Do persons belonging to SC/ST entitled to reservations
in promotions in employment?
A. Yes. In pursuance of the recently enacted Constitution
(Eighty-fifth Amendment) Act, 2002 persons belonging to SC/ST in employment are
entitled to reservations in promotions as provided under Article 16 (4A) of the
Constitution.
Q. 7. Do persons with disabilities entitled to 3 percent
reservation of seats in employment?
A. Yes.
Under the provisions of the Persons with Disabilities Equal Opportunities,
(protection of Rights and Full Participation) Act, 1995 the persons with
disabilities are entitled to reservations in education and employment.
Q. 8. Are there any age relaxations and reservations for
widows, divorced women etc.?
The Government of
India rules provide that "widows, divorced women and women judicially
separated from their husbands who are not remarried are granted age relaxations
in pursuing employment up to 35 years (up to 40 years for members of Scheduled
Castes/Scheduled Tribes).
Q.
9. Whether a woman working on daily wages entitled to Maternity Benefits?
A. Yes. According to Central Civil Service Rules formulated in
accordance with the Maternity Benefits Act, 1961 the female Government
employees are entitled to maternity leave for a period of 135 days from the
date of its commencement (in Punjab and Haryana women are entitled to maternity
leave for 180 days). The Supreme Court recently in Municipal Corporation
o/Delhi case (JT 2000 (3) SC 13), gave directions to the Government to
extend these benefits also to women employees working on daily wages (muster
roll).
Q. 10. Is eve-teasing
an offence?
A. Yes.
Under section 509 of the Indian Penal Code, 1860 eve-teasing is a punishable
offence. Few States are taking measures to make this law more stringent and
non-bailable. Besides, section 354 of IPC provides punishment for the acts
relating to outraging the modesty of a woman. |
| (iv) |
Sexual Harassment of
Women at Workplace |
| |
Q.
11. Is there any law to protect women from 'sexual harassment' at workplaces?
A. Yes. The Supreme Court guidelines in Vishaka case (1997 (6)
SCC 240) would be binding and enforceable in law until suitable legislation is
enacted to occupy the field.
Q.12.
What acts connote 'Sexual Harassment of Women' at workplace?
A. Such unwelcome sexually determined behaviour (whether directly or by
implication) as:
• physical contact and advances;
• a demand or request for sexual favours;
• sexually coloured remarks;
• showing pornography;
• any other unwelcome physical, verbal or on-verbal conduct of sexual nature.
Q. 12. What is the
sanctity and applicability of these guidelines?
A. These guidelines are applicable to all the establishments
where women work. Under Article 142 of the Constitution of India any decree so
passed or order so made by the Supreme Court shall be enforceable through out
the territory of India in such manner as may be prescribed by or under any law
made by Parliament and until provision in that behalf is so made, in such
manner as the President my by order prescribe. Further, Article 141 mandates
that "the law declared by the Supreme Court shall be binding on all the
courts within the territory of India".
Q.
13. Are these guidelines applicable on industries and other private sector
occupations?
A. Yes.
These guidelines are applicable to Government, Public Sector and Private
employments and irrespective of the fact of receiving a complaint of sexual
harassment, it is obligatory for every employer to constitute a Committee and
also have a section on sexual harassment update in the Annual Report of the
Organization.
Q.14.
Can a woman or employer initiate criminal action against the harasser?
A. Yes. Where such conduct amounts to a specific offence under
the Indian Penal Code or under any other law, it is obligatory for the employer
to initiate appropriate action in accordance with law by making a complaint
with the appropriate authority.
Q.15.
Do a woman need a lawyer to file a complaint or defend her case?
Once you submit the
complaint to the employer it will be the responsibility of the employer to take
up your matter and defend your case. It is also the responsibility of the
employer to engage a lawyer to defend the Institution and also the women's case
in case if the harasser approaches the court. If you want to talk to a lawyer,
contact your local Legal Aid and Advice Board functioning in every district
court wherein being a woman you are entitled to avail free legal aid and advice
irrespective of your financial status.
Q16. Sexual Abuse of Women
and Girls What acts connote Rape?
"Section 375.
Defines Rape as:- A man said to commit "rape" who, except in the case
hereinafter excepted, has sexual intercourse with a woman under circumstances
falling under any of the six following descriptions:-
• First. - Against her will.
• Secondly. - Without her consent.
• Thirdly. - With
her consent, when the consent has been obtained by putting her or any person in
whom she is interested in fear of death or of hurt.
• Fourthly.- With
her consent, when, at the time of giving such consent, by reason of unsoundness
of mind or intoxication or the administration by him personally or through
another of any stupefying or unwholesome substance, she is unable to understand
the nature and consequences of that to which she gives consent.
•Sixthly. - With or without her
consent, when she is under sixteen years of age. Explanation. - Penetration is
sufficient to constitute the sexual intercourse necessary to the offence of
rape. Exception. - Sexual intercourse by a man with his own wife, the
wife not being under fifteen years of age, is not rape." Thus according to
section 375 a man said to have committed the offence of rape if he had sexual
intercourse with a female under sixteen years of age, with or without her
consent; and with a woman in the following circumstances; A. against her will; or
B. without her consent; or
C. with her consent, when her consent has been obtained by
putting her or any person in whom she is interested in fear of death, or of
hurt (duress), or
• with her consent, given on account of her unsoundness
of mind, or intoxication, when she is incapable of understanding the
consequence of her consent, or
•with or without her consent when she is under 16 years
of age.
•with her consent by her husband when she is under 15
years of age.
•To constitute the offence of rape intercourse is not necessary,
even a slight penetration is enough.
Q. 17.
Is it an offence to have sexual relations with a major girl under the pretext
of marriage?
A. In Bodhisattva Gautam case (AIR 1996 SC 992) the Supreme Court while
dealing with the case of a woman who alleged that the appellant induced her to
have sexual intercourse with him by giving her false assurances of marriage and
later secretly marrying her before God by putting vermilion on her forehead but
after having impregnated her twice, compelling her to undergo abortion on both
the occasions and ultimately abandoned her. The Court herein held that: (i)
the appellant was charged with committing various criminal offences under the
Indian Penal Code and filed a petition to quash the proceedings. Fundamental rights
can be enforced even against private bodies and individuals;
(ii) it is not
necessary, for the exercise of the Supreme Court's jurisdiction under Art 32,
that the person who is the victim of the violation of his or her fundamental
right should personally approach the court. The court can itself take
cognisance of the matter and proceed suo motu or on a petition of any
public-spirited individual;
(iii) rape is a crime against basic human rights
and is also violative of the victim's most cherished fundamental right, namely,
the right to life;
(iv) the Supreme Court has, in any event, the inherent
jurisdiction to pass any order it considers fit and proper in the interests of
justice or in order to do complete justice between the parties;
(v) the court
is prima facie satisfied as to the truth of the serious allegations made by the
respondent and accordingly orders the appellant to pay to the respondent Rs
1000 every month as interim compensation (with arrears since the filing of the
petition by the woman) pending the resolution of the criminal proceedings
against him.
Q. 18. Is it an
offence to have sexual relations with a 'minor' girl with her 'consent'?
A. Yes. The Supreme Court in series of cases held it to be an act
punishable under law. In Narasimha's case (1994 (2) Crimes 263 SC) where
the victim was aged 16 years, held that the consent was of no help. Similarly
in Bhupendra's case (1985 (l) Crimes 524) held that 'although the
prosecutrix was a consenting party to the sexual intercourse, she being minor
question of consent is wholly irrelevant. '
Q. 19. Is it an offence to force a woman allegedly in
prostitution to have sex?
A. Yes.
It is not only a grave violation of her personal human right to life and
personal liberty but also an offence punishable under the Indian Penal Code. It
was held by the Supreme Court that: "Even
a woman of easy virtue is entitled to privacy and no one can invade her privacy
as and when he likes. So also it is not open to any and every person to violate
her person as and when he wishes. She is entitled to protect her person, if
there is an attempt to violate it against her wish she is equally entitled to
the protection of law. Therefore merely she is a women of easy virtue her
evidence cannot be thrown over bound".
Q. 20. Where to approach for redressal
of grievances?
A. For all criminal matters one should approach the police
without delay. Being a woman you can approach the legal aid and advice board
functioning in all the district courts and seek legal advice. If you find any
difficulty or unreasonable delays in redressal of your grievances you may seek
legal opinion locally or may write to the National or State Commissions for
Women, Human Rights, Minorities etc |
| (vi) |
Free Legal Aid and
Advice for Women |
| |
Q. 21. Who are eligible to avail free
legal aid and advice?
A. Under Section 12 of the Legal Services Authorities Act, 1987,
among others:
(a)
a member ofa Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in
human beings or beggar as referred to in Article 23 of the Constitution;
(c) a
woman or a child;
(d) a mentally ill or otherwise disabled person;
(e) a person
under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity. flood, drought, earthquake or industrial
disaster; or
(f) an industrial workman, or persons earning less than
Rs.50,OOO/- p.a. for legal aid before Supreme Court of India and to RS.25,OOO/-
p.a. for legal aid up to High Courts etc. F or more details contact the nearest
district court to meet the officials in the legal aid board. In cities like
Delhi one may access information or legal advice by dialling 'legal aid help
line' no. 011-3073132 (or) 3070345.
Q. 22. What are the cases in which
legal aid is provided?
A. Section 2(1) (a) of the Act, provides for extension of free
legal aid to a person for a 'case', which includes a suit or any proceeding
before a court. Under Section 2(1) (a) the term 'court' connote a civil,
criminal or revenue court and includes any tribunal or any other authority
constituted under any law for the time being in force, to exercise judicial or
quasi-judicial functions. |
*(Excerpt from: Guild of Service, New Delhi, Sadiq Ahmed Jilani Syed, Violence Against Women – Legal Safeguards)
Women’s Right vis – a’ - vis the Police* |
| Rights during interrogation |
You have the right
• To refuse to be taken to the police station or any where else for interrogation
• To be questioned only at your residence and in the presence of your family members. |
| Rights at the Time of Arrest |
You have the right
• Not to be handcuffed at the time of your arrest
• To demand that you be produced before magistrate within 24 hours of your arrest
• To take along your relative or friend to the police station. |
| Rights in the Police Station |
You have the right
• To demand that you should be placed in a female lockup
• To ask a magistrate for your medical examination if you are beaten, abused or tortured by the police. |
| Rights at the Time of Search |
You have the right
• To demand that your bodily search be carried out only by another female in a decent manner
• To search any police woman before she searches you. |
| Rights at the time of Filing First Information Report (FIR) |
You have the right
• To demand that your FIR registered
• To take along any friend or relative at the time of filing the FIR
• To read the FIR or have someone else read it to you before you sign it
• To receive a free copy of the FIR
• To approach senior police officers or your area magistrate if the police refuse to register your FIR |
| *(Source: SAKHI, Support Services to Counter Violence against Women in Kerala – A Resource Directory) |
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