ஆர்த்தி பாஸ்கரன்                                           

வழக்கறிஞர்

Today, we’ll be looking into certain rare laws that civilians as a general may not be completely aware of, but which come in handy every time we find ourselves alone in the wild, anywhere in India. These 5 laws are comprised specifically for the knowledge and importance of every girl child living across the country and hence let’s dive into it. 

1.Situation of Pee-Pee 

We have all found ourselves at one minute or another where our bladder is full and we don’t find a washroom nearby or it’s that time of the month, and we counted our calendar days wrong. It’s tedious, frustrating, and most of all embarrassing when stuff like that happens. That is why it’s important to remember this law – “One can ask to use the washroom/restroom in any of the hotels and even ask for drinking water for free for oneself as well as their pet”. Yep, life-saviour this one. We don’t have to order something we don’t want just to use the restroom in a hotel. This law comes under the Sarais Act, 1857. 

2.Juggling a Heavy Body and a Tedious Job 

It’s not always flowers and roses when a woman gets pregnant and for working women, the stress is all the heavier, but it does help to remember, you don’t have to quit the job when you’re pregnant just because the superior coaxed you into it. Yes, “A pregnant woman cannot be fired from her job”. So, they go about it in other ways by asking you to volunteer to leave. But, keep in mind, if that is not what you want, the law is there to protect you. This law comes under the Maternity Benefit Act, 1961. It applies even after the women have borne children.  

3.Freedom for Romance 

In this modern world, where India is moving towards an ultra-modern society, dates and hookups have become very common. But one should keep in mind, it is alright to hang out with your date, lover, husband in public and show affection through kissing or hugging and that’s not an offence. Do keep in mind to not take it any further than that, because “obscenity in public” is a criminal offence under Section 294 of IPC.

4.Adoption Rules 

It is expected of a couple who were unable to bear children on their own to adopt kids and make their future better too whilst being happy themselves. Often, this happens as a last resort and after repeated failure in the fertility clinics’ attempts. Anyhow, for married couples who want to adopt children, there is one particular rule to keep in mind- “Married Couples cannot adopt two children of the same gender”. This is by the Hindu Adoption and Maintenance Act of 1956. Also, “a single man cannot adopt a female child”, says the Ministry of Women and Child development in a ruling, 2011.  

5.Couple or Family? 

When in a relationship, there comes a time when there is an expectation to move forward but ‘marriage’ is still not on the table. That’s when couples opt to live-in together, either as a path to marriage or to get to know each other better. Whatever the reason, this phrase always raises stereotypes and stigmas when uttered in society. So, what does the law say? “Living together is legal in India”, and the Domestic Violence Act, 2005 applies to live-in couples also. If a couple living together for a considerable amount of time bear children and continue to live together, in the eyes of law, they are presumed to be married. In a judgment by the Supreme Court in 2010, “Living together is a Right to Life”.

Stay Aware, Stay Safe, Until Next Time...
- Aishwarya K.

போக்சோ சட்டம்( POCSO ACT) 

குழந்தைகளை பாலியல் குற்றங்களில் இருந்து பாதுகாக்கும் சட்டமே போக்சோ சட்டமாகும்..குழந்தைகளுக்கு எதிராக செயல்களில் ஈடுபட்டவர்களை கடுமையாக தண்டிக்கப்பட வேண்டும் என்ற நோக்கத்தில் 2012 ஆம் ஆண்டு  கொண்டுவரப்பட்டதே போக்சோ சட்டம்.

சட்ட விதிமுறைகள்

இச்சட்டத்தின் கீழ் குழந்தைகளுக்கு எதிரான பாலியல் குற்றங்களில் பதியப்படும் வழக்குகளை 3 மாதங்களுக்குள் நடத்தி முடிக்க வேண்டும். வெளிப்படையாக வழக்கை விசாரிக்க வேண்டிய அவசியம் இல்லை. குழந்தையின் எதிர்காலம் கருதி ரகசியமாக விசாரணை நடைபெறும்.

புகார் பெற்று FIR போடுவதற்கு முன்பாகவே காவல்துறையினர் விசாரணையை தொடங்கலாம். பாதிக்கப்பட்ட குழந்தையை அதன் இருப்பிடத்திலியே காவல்துறை விசாரணை செய்ய வேண்டும். காவல்நிலையத்திற்கு அழைத்து விசாரணை செய்யக்கூடாது. இதை மீறும் காவலர்கள் மீது வழக்கு பதியவும் இச்சட்டம் வழிவகை செய்கிறது.குழந்தையிடம் நீதிமன்றம் ரகசிய வாக்குமூலம் வாங்க வேண்டும்.

தண்டனை விவரம்

இச்சட்டத்தின் கீழ் குற்றவாளிக்கு அதிக பட்சமாக 10 ஆண்டுகள் வரை (அ) ஆயுள் தண்டனை வழங்க முடியும்..2019 ஆண்டு ஏப்ரல் மாதம் 12 வயதிற்குட்பட்ட குழந்தைகளுக்கு எதிரான  போக்சோ குற்றவாளிகளுக்கு மரண தண்டனை அளிக்கும் மசோதா மத்திய அரசால் நிறைவேற்றப்பட்டு நடைமுறைக்கு கொண்டுவந்துள்ளது.

ஆர்த்தி பாஸ்கரன்
வழக்குரைஞர்

Indian Constitution protects women’s rights and privileges in all aspects to achieve their dream. Women’s Rights include the right to equality, dignity, and freedom from discrimination. Their human rights include the right to life and liberty, equal treatment, and free from violence. Human Rights Law, recognizes women’s protection and obliges that all States must respect the dignity and modesty of women.

Right to live With Dignity and Respect

A wife has the legal authority to live with proper dignity and self-respect with her relatives. She also has to lead her life in her own way. This legal right provides married women absolute independence after marriage. Law helps and protects every woman to achieve their goals.

Right to Equality

The Indian Constitution says that all are equal before law irrespective of their age, gender, place of birth, race or religion, etc., (Article 14).

As per this Article, nobody can prevent the Government from making any special privileges for women and children. For example, a special seating arrangement for women in public transportation is constitutional. (I.e. valid before law)

‘Right to equality is a fundamental right to every woman’. It guarantees the right to equality before the law. There will be no discrimination based on their class. No prohibition on the reservation of seats in education and public employment.

Right to Property

Article 300A guarantees the right to property as a constitutional right.  No person shall be deprived of his property right saved by the authority of law.

Indian Succession Act,1925  guarantees women to inherit ancestral property like sons born in that family but the Hindu Law of Succession Act,1956  excluded married women from succession to ancestral property who got married before 1987.

Right of Women in the Workplace

Article 14(2), 19(1) (g), 21(4) of Constitution of India says that every profession, trade or occupation should provide a safe working environment to the employees. It ensures the right to life and the right to live a dignified life. Proper working conditions include ensuring the health, safety, welfare, proper working hours, leave and other benefits include maternity benefits.

Equal pay for Equal Work

Article 39 says that employers must pay male and female employees equally for the same position.

Sexual Harassment

It means an uninvited/unwelcomed sexual favor or gesture from one gender towards another gender. It makes the person feel humiliated, offended, and insulted to whom it is been done. Sexual Harassment is also termed as eve-teasing in India. It violates the fundamental right of women. It also violated the fundamental right to life and to live a dignified life under Article 21.

Sexual Harassment shall be avoided and equality between the genders shall be established at the workplace. It also hinders the mental and physical health of women. Penalties shall be charged for conducting sexual harassment. In private companies, strict rules shall be included. In case of, any harassment conducted by the outsiders, the institution must take strict actions against the accused persons.

Section 509 of Indian Penal Code,1860,  protects any women from whoever intending to insult the modesty of women, utter any word, makes any sound or gesture, intrude upon the privacy of such women shall be punished with 1-year imprisonment or with fine or with both.

Right against Arrest

As per Section 56 of the Civil Procedure Code, 1908 exempted women from arrest or detention in the execution of a decree for money.

Section 46(4) of Criminal Procedure Code, 1973, provides ‘no woman shall be arrested after sunset and before sunrise’.  The women can be arrested only in the presence of a female police officer if it is mandatory.

No women can be arrested in civil matters.

Abortion As a Human Right

A woman’s individual right to safeguard her life, liberty, and happiness that sanction her right to have an abortion. A woman has a right to abortion, if the continuance of the pregnancy could involve risk to the life of the pregnant women or to prevent grave permanent injury to the physical or mental health of the pregnant women, in such circumstances termination can be necessary.

In India under Section 3 Medical Termination of Pregnancy Act,1971, the termination of pregnancy is allowed up to 12weeks to 20weeks with the consent of registered medical practitioners in case of any risk to the women or unborn child.

Protection From Sexual Offences

Protection of Children From Sexual Offences Act, 2012  is a comprehensive law to provides protection of children from the offenses of sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process through special courts. This Act prescribes stringent punishment graded as per the gravity of the offense with life imprisonment and fine.

It is a legal duty of the person who has knowledge that the child has been sexually abused, has to report the offense to the particular officer, if he fails to do so he may be punished with 6 years of imprisonment or fine. The child victims and their parents should be treated by experts like judges, prosecutors, or police officials who must be the trained person to handle the child victim.

Domestic Violence Act, 2005

Domestic  Violence means any act, omission or commission or conduct of the respondent makes any injury or harm or endangers the health, safety, life or well-being whether physical or mental of the aggrieved person tends to do so or includes physical abuse, sexual abuse, verbal and emotional abuse, and economical abuse as well.

Any person harasses or endangers or coerces the aggrieved person to meet any unlawful demand for any dowry or other property or valuable security shall be punished under the Act.

• Physical abuse means any act or conducts which causes bodily pain, harm or danger to life, health or development of the aggrieved person includes assault, criminal intimidation, and criminal force shall be punishable under the Act.

Women are considered to be the weaker section of the society. But we (women) definitely are not! Such laws and rights help us to protect and uplift our lives in society.

The above article discussed the brief part of the special laws for women. In the following episodes, we will see the detailed version of the laws.

Shiyamala Nisha

Advocate, Law Faculty and Legal Counseller.