Rights of Women and Law
- Part 3 -

Romilla Akham *

High Court Complex at Chingmeirong Imphal in April 2012 :: Pix - Bullu Raj

(Since I stepped in to the law class of my alma mater five years back, the plight and sufferings of Indian women has always been in mind. As I studied deeper in to Indian and International law relating to women, sometimes I found myself exasperated on the sheer lack of awareness among Indian women. I feel that it is my bounden duty to contribute whatever little that I can in this field. Of course, this article could just be the beginning.)

7. The Hindu Marriage Act, 1955 :

Section 13(2) of the Act provides for wife to present a petition for divorce.
Section 13(b) provides equal right for wife for getting divorce by mutual consent.
Section 24 of the Act provides for relief for interim maintenance and expenses.
Section 25 of the Act provides for right to a wife to seek permanent alimony and maintenance.
Section 26 of the Act provides right to claim custody of children.

8. The National Commission for Women Act, 1992 : The National Commission for Women was set up as a statutory body in January 1992 under to:

* Review the Constitutional and Legal safeguards for women;
* Take up remedial measures;
* Facilitate redressal of grievances;
* Advise the Government on all policy matters relating to women.

The Commission initiated various steps to improve the status of women and worked for their economic empowerment. Many complaints were received and acted suo-motu in several cases to provide speedy justice.

9. The Family Courts Act, 1984 : The Family Courts are established in India with a view to amicably settle family disputes. These Courts shall have and exercise the entire jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in respect of suits and proceedings of the nature referred to in the explanation. This Act provides for setting up a Family Court for in-camera proceedings for women.

10. The Protection of Women from Domestic Violence Act, 2005 : The Act provides for punishment for domestic violence committed by husband and his relatives and also provides legal assistance for women suffering from domestic violence. It also provides interim maintenance to women and also for compensation and damages. The term domestic violence was widened enough to encompass all sorts of physical, sexual, mental, verbal and economic abuse, and it also gives power to anyone else other than the aggrieved party to lodge the complaint.

11. The Child Marriage Restraint Act, 1976 : The Act provides safeguards for girls from child marriage.

12. Code of Criminal Procedure, 1973 : Under Section 125, Code of Criminal Procedure, a woman has got right to maintenance. This section provides for order of maintenance of wives, children and parents. Non compliance of the order may lead to sentencing of such person, for the whole or any part of each month's allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.

Acts of nature of Civil Laws:

There are also other Laws which are compensatory and hence in the nature of civil laws. They are also equally important in making the society realize the right of women. Following are some of such legislations with their main provisions. For brevity, I have not gone in to details.

1. The Hindu Minority and Guardianship Act, 1956: Section 6 of the Act provides for mother as a natural guardian for minors below 5 years.

2. The Muslim Women (Protection of Right on Divorce) Act, 1986: Under the provisions of the Act provides for maintenance of women by the relatives after the iddat period.

3. The Factories Act, 1948: The provisions of this Act provides for health, safety, welfare, and working hours for women laborer working in factories.

4. The Equal Remuneration Act, 1976: It provides for payment of equal wages to both men and women workers for the same work or work of similar nature. It also prohibits discrimination against women in the matter of recruitment.

(To be continued)

For queries on legal provisions on women's rights email
akhamromilla(at)gmail(dot)com
romilla91(at)rediffmail(dot)com .