Legal Rights Toolkit for Working Women

Rights Against Being Watched
  • As per section 354C of IPC, a woman can file a complaint against any man who watches or captures her images in situations where she believes no one is watching her. Section 66E of the Information and Technology Act talks of cyber voyeurism. It includes the electronic transmission of files of women engaging in private acts.
Right to Privacy
  • The right to privacy ensures individuals have control over their personal information and activities, protecting them from unauthorized access, surveillance, or interference by others or the government.
Right Against Being Stalked
  • As per section 354D of IPC, a woman has the right to file a complaint against any man who follows, contacts, or attempts to contact her, whether physically or in the cyber world (Facebook, Instagram, etc.).
Right Against Arrest
  • According to section 46(4) of CrPC, no woman can be arrested after sunset and before sunrise. Under exceptional circumstances, a woman’s arrest can only be made by the women police officer after the prior permission of the Judicial Magistrate 1st Class.
Minimum Wages
  • Women must receive the same minimum wage as men for the same work.
  • Workers can file complaints with labor inspectors if they are not paid the minimum wage.
  • Labor courts hear and decide claims related to minimum wage violations.
Equal Remuneration
  • Men and women must receive equal pay for equal work.
  • Employers cannot discriminate against women in recruitment, promotion, training, or transfer.
  • Advisory committees are established to monitor compliance with the Equal Remuneration Act.
Right Against Arrest
  • According to section 46(4) of CrPC, no woman can be arrested after sunset and before sunrise. Under exceptional circumstances, a woman’s arrest can only be made by the women police officer after the prior permission of the Judicial Magistrate 1st Class.
Equal Share in the Property
  • The 2005 amendment of the Hindu Succession Act made a tremendous change. This amendment put an end to the years-long discrimination against the daughters. After this amendment, the daughters become coparceners by birth. It means they will get an equal share in their ancestral property as the son will get.
Right Not to Be Called at the Police Station for Interrogation
  • As per section 160 of CrPC, women of any age cannot be called to the police station. Her statements can only be recorded at the place she resides in the presence of a woman constable and her family members.
Right of Stridhan
  • Stridhan includes any property that a woman receives during her lifetime, including: all movable and immovable properties, gifts received before, at the time or after the marriage, gifts received during childbirth, and it also includes her personal earnings. As per section 14 of the Hindu Succession Act, a Hindu woman is the absolute owner of Stridhan, and no one can claim any share over it.
Right to Get Free Legal Aid
  • As per section 12(c) of the Legal Services Authorities Act, 1987, any aggrieved woman is eligible to get free legal aid despite her financial status.
Right to Adopt a Child
  • Under section 8 of the Hindu Adoption and Maintenance Act, any female Hindu of sound mind above the age of majority can adopt any child in adoption even if she is unmarried.
Right to Get Maternity Leave
  • The Maternity Benefit Amendment Act of 2017 amends the Maternity Benefit Act, 1987. This new amendment provides: 26 weeks maternity leave for the first 2 children, 12 weeks maternity leave for more than 2 children, 12 weeks maternity leave for such women who adopt children below the age of 3 months.
Right to Safe Abortion
  • According to section 3(4) of the Medical Termination of Pregnancy Act, 1971, a girl who has not reached the age of 18 has the right to terminate an unwanted pregnancy legally with the consent of her guardians. Whereas, an adult woman, whether married or not, can terminate her pregnancy up to 20 weeks when the continuation of pregnancy becomes a risk to her life or harmful to her health.
Right Against Female Foeticide
  • The law seeks to prohibit the misuse of a prenatal diagnostic technique to detect the gender of an unborn child. It also prohibits such sex-determination techniques from being advertised. After the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, the determination of the gender of an unborn child became illegal, which reduced the mortality of female fetuses in the womb.
Maternity Benefits
  • Women are entitled to paid maternity leave for six weeks before and after delivery.
  • Employers must provide orientation and awareness programs on sexual harassment and assist employees in filing complaints.
  • Government-employed women receive full pay during maternity leave, while other working women receive 16 weeks of benefits.
Right Against Sexual Harassment
  • Sexual harassment generally refers to any type of unwanted physical contact, sexual actions, comments, sexual advances, requests for sexual favours, etc., made by a man to a woman. The Protection of Children from Sexual Offences Act (POCSO) was enacted in 2012 to protect children from the offence of sexual assault, sexual harassment and pornography. The Act defines children as any person below 18 years of age. Thus every girl child in India is protected under this Act.
Sexual Harassment at workplace
  • Includes physical contact, demands for sexual favors, sexually explicit remarks, pornography, or other unwelcome physical or verbal conduct of a sexual nature.
  • Employers must establish an Internal Complaints Committee (ICC) to handle complaints.
  • Complainants must file within three months of the incident, unless there are extenuating circumstances.
  • The ICC must complete its investigation within 90 days.
  • Compensation may be awarded to victims, including for mental trauma, medical expenses, and lost career opportunities.