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Rights of Women in India

Detailed legal guide with specific laws and practical advice for India

10 Rights Covered

Right against domestic violence and right to residence
Women can seek protection orders, residence orders, and monetary relief under Protection of Women from DV Act 2005. Right to reside in shared household regardless of ownership. Husband cannot evict without court order.
Right to maintenance from husband
Wife is entitled to maintenance from husband under BNSS Section 144 (formerly CrPC Section 125). Even a divorced wife can claim maintenance if unable to maintain herself. Court can grant interim maintenance pending trial.
Right to equal share in ancestral property
Daughters have equal coparcenary rights in Hindu ancestral property as sons. Hindu Succession (Amendment) Act 2005 applies even if father died before 2005 (SC in Vineeta Sharma case, 2020).
Right against dowry harassment
Dowry demand and harassment is a cognisable, non-bailable offence under BNS Section 84 (cruelty by husband and relatives). FIR can be filed at any time. Dowry Prohibition Act 1961 makes giving and taking dowry illegal.
Right to free legal aid irrespective of income
Women are entitled to free legal aid from the State Legal Services Authority regardless of income. This covers representation in all courts, Magistrate, High Court, and Supreme Court.
Right against arrest after sunset
A woman should not be arrested after sunset and before sunrise except in exceptional cases and only with prior written permission of the Magistrate and in presence of a female officer. BNSS Section 43(5).
Right to file sexual offence complaint at any time
There is no limitation period for filing FIR for rape and sexual assault. FIR must be recorded by a woman officer or in presence of a woman officer. Medical examination requires woman's consent.
Right to maternity benefit (26 weeks)
Working women get 26 weeks paid maternity leave for first and second child, 12 weeks for third. Creche facility mandatory if employer has 50+ employees. Nursing breaks during working hours are mandatory.
Right to terminate pregnancy
Pregnancy can be medically terminated up to 20 weeks (one doctor opinion) or 24 weeks (two doctors) for women in specified categories. Survivor of sexual assault, disabled women, minors are in specified category. MTP Act 1971.
Right to protection from cyber harassment
Cyber stalking, cyber bullying, morphing of images, and online sexual harassment are offences under IT Act Sections 66E, 67 and BNS. File complaint at cybercrime.gov.in or call 1930. NHRC guidelines protect against online violence.

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Disclaimer: This guide is for general legal information only and does not constitute legal advice. Laws may vary by state and change over time. Consult a qualified advocate for your specific situation. simplifylaw.in is not responsible for actions taken based on this information.