Right to Equal Treatment
Women have the constitutional right to equality and non-discrimination. The State cannot discriminate on grounds of sex alone. Special provisions can be made for the advancement of women and children.
Legal Basis: Articles 14, 15, 16 of the Constitution
Right to Dignity and Decency
Every woman has the right to be treated with dignity. Outraging the modesty of a woman, voyeurism, stalking, and acid attacks are serious criminal offences with strict punishment.
Legal Basis: Article 21; Sections 74-78 BNS (Bharatiya Nyaya Sanhita)
Protection from Domestic Violence
Women have the right to live free from domestic violence. This includes physical, sexual, verbal, emotional, and economic abuse. Victims can obtain protection orders, residence orders, and monetary relief.
Legal Basis: Protection of Women from Domestic Violence Act, 2005
Protection from Sexual Harassment at Workplace
Every woman has the right to work in a safe environment free from sexual harassment. Employers must constitute Internal Complaints Committees and address complaints through proper procedures.
Legal Basis: Sexual Harassment of Women at Workplace Act, 2013
Right to Property
Women have equal rights to ancestral and self-acquired property. Daughters have equal coparcenary rights in Hindu joint family property. Women can inherit, own, and dispose of property independently.
Legal Basis: Hindu Succession Act (as amended in 2005)
Right to Maintenance
A wife, divorced wife, and children have the right to maintenance from the husband/father. This can be claimed under various personal laws and also under Section 144 of BNSS (criminal procedure).
Legal Basis: Section 144 BNSS; Personal Laws; DV Act 2005
Maternity Benefits
Working women are entitled to 26 weeks of paid maternity leave. Employers cannot dismiss or discriminate against pregnant women. Nursing mothers are entitled to nursing breaks.
Legal Basis: Maternity Benefit Act, 1961 (as amended)
Special Protections During Arrest
A woman can only be arrested by a female police officer. Night arrests (after sunset, before sunrise) require special authorization from a Judicial Magistrate. Medical examination must be by a female doctor.
Legal Basis: Section 46(4) BNSS; D.K. Basu Guidelines
Important Tips
- You can file a complaint at any police station, regardless of jurisdiction (Zero FIR)
- Women's helpline number 181 is available 24x7
- National Commission for Women can be approached for violations
- Legal aid is available free of cost for women in need
- You can appear before a female magistrate if you request
- Shelter homes (Swadhar, Short Stay Homes) are available for women in distress
- One Stop Centres provide integrated support for violence survivors
Legal Provisions
Criminal Law Protections
- Section 63-72 BNS - Sexual Offences
- Section 74-78 BNS - Offences Against Women
- Section 85 BNS - Dowry Death
- Section 498A IPC/BNS - Cruelty by Husband
Civil Law Protections
- Protection of Women from Domestic Violence Act, 2005
- Dowry Prohibition Act, 1961
- Hindu Marriage Act, 1955
- Muslim Women (Protection of Rights on Marriage) Act, 2019
Workplace Protections
- Sexual Harassment at Workplace Act, 2013
- Maternity Benefit Act, 1961
- Equal Remuneration Act, 1976
- Factories Act, 1948 (restrictions on night work)
Related Rights
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