In India, women have never been treated well even at home or at work. Women were never given equal status to men. Women have been given unequal positions in every sphere. Many reformists and social workers fought for the redressal of their grievances. An age-long agitation against the discrimination of women inside and outside the Parliament has been continued by parliamentarians, by common men and women, and by organizations and societies. Several laws have been set up by the Government to look into the matter of the status of women in Indian society. All the laws reported the unequal status of women in every sphere of life.

This Journal Article is for every woman whether she is a mother, wife, daughter, sister, etc. which helps women to know their rights and the laws which protect them from, inequality, discrimination, sexual harassment, or any other criminal offense. The motive for writing this Journal Article is to protect them from the evil eye. This Journal Article covers all legal frameworks and case laws that protect women's rights.

History of Women in India

The status of women in India has been subject to many changes throughout recorded Indian history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period.

During the British East India Company rule (1757-1857), and the British Raj (1858-1947), measures aiming at amelioration were enacted, including the Bengal Sati Regulation, 1829, Hindu Widows' Remarriage Act, 1856, Female Infanticide Prevention Act, 1870, and Age of Consent Act, 1891. Women's rights under the Constitution of India mainly include equality, dignity, and freedom from discrimination; additionally, India has various statutes governing the rights of women.

Several women have served in various senior official positions in the Indian government, including that ofe President of India, the Prime Minister of India, and The Speaker of the Lok Sabha.

However, many women in India continue to face significant difficulties. The rates of malnutrition are exceptionally high among adolescent girls and pregnant and lactating women in India, with repercussions for children's health. Violence against women, especially sexual violence, is a serious concern in India.

Women's achievements in India

The immovable change in the position of women can be highlighted by looking at what has been achieved by women in the country:

• 1848: Savitribai Phule, along with her husband Jyotirao Phule, opened a school for girls in Pune, India. Savitribai Phule became the first woman teacher in India.
• 1879: John Elliot Drinkwater Bethune established the Bethune School in 1849, which developed into the Bethune College in 1879, thus becoming the first women's college in India.
• Rukhmabai, the second practising female physician in India, the publicity around whose child marriage and subsequent dissolution led.
• Sarla Thakral became the first Indian woman to fly an aircraft in 1936
• 1883: Chandramukhi Basu and Kadambini Ganguly became the first female graduates of India and the British Empire.
• 1886: Kadambini Ganguly and Anandi Gopal Joshi became the first women from India to be trained in Western medicine.
• 1898: Sister Nivedita Girls' School was inaugurated.
• 1905: Suzanne RD Tata becomes the first Indian woman to drive a car.
• 1916: The first women's university, SNDT Women's University, was founded on 2 June 1916 by Dhondo Keshav Karve's social reformer with just five students.
• 1917: Annie Besant became the first female president of the Indian National Congress.
• 1919: For her distinguished social service, Pandita Ramabai became the first Indian woman to be awarded the Kaisar-i-Hind Medal by the British Raj.
• 1925: Sarojini Naidu became the first Indian-born female president of the Indian National Congress.
• 1927: The All-India Women's Conference was founded.
• 1936: Sarla Thakral became the first Indian woman to fly an aircraft.
• 1944: Asima Chatterjee became the first Indian woman to be conferred the Doctorate of Science by an Indian university.
• 1947: On 15 August 1947, following independence, Sarojini Naidu became the governor of the United Provinces, and in the process became India's first woman governor. On the same day, Amrit Kaur assumed office as the first female Cabinet minister of India in the country's first cabinet.
• 1953: Vijaya Lakshmi Pandit became the first woman (and first Indian) president of the United Nations General Assembly.
• 1963: Sucheta Kriplani became the Chief Minister of Uttar Pradesh, the first woman to hold that position in any Indian state.
• 1966: Captain Durga Banerjee becomes the first Indian woman pilot of the state airline, Indian Airlines.
• 1966: Indira Gandhi becomes the first woman Prime Minister of India.
• 1970: Kamaljit Sandhu becomes the first Indian woman to win a Gold in the Asian Games.
• 1972: Kiran Bedi becomes the first female recruit to join the Indian Police Service.
• 1979: Mother Teresa wins the Nobel Peace Prize, becoming the first Indian female citizen to do so.
• 1989: Justice M. Fathima Beevi becomes the first woman judge of the Supreme Court of India
• 1992: Priya Jhingan becomes the first lady cadet to join the Indian Army (later commissioned on 6 March 1993)
• 2007: On 25 July, Pratibha Patil became the first female President of India.
• 2009: On 4 June, Meira Kumar became the first female Speaker of Lok Sabha.
• 2018: Archana Ramasundaram of 1980 Batch became the First Woman to become the Director-General of Police of a Paramilitary Force as DG, Sashastra Seema Bal.
• 2018: In February, 24-year-old Flying Officer Avani Chaturvedi of the Indian Air Force became the first Indian female fighter pilot to fly solo. She flew a MiG-21 Bison, a jet aircraft with the highest recorded landing and take-off speed in the world.
• 2019: On 2 December 2019, sub-lieutenant Shivangi became the first woman pilot in the Indian Navy.
• Kiran Mazumdar Shaw is probably the first woman entrepreneur in India.
   

Legal Framework of Women's Law in India

Constitutional Provisions

Fundamental Rights and Prohibition of Discrimination of Women

Part III, consisting of Articles 12 to 35, relating to the Fundamental Rights, is the 'heart' of the Constitution.

In some Articles of the Constitution, discrimination against women has been explicitly prohibited. Article 15 clearly states that:

1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
2. Nothing in this Article shall prevent the State from making any special provision for women and children.

Article 16 of the Constitution of India also explicitly mentions equality of opportunity for all and prohibits discrimination against women. It clearly states:

1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
2. No citizen shall, on the ground only of religion, race, caste, sex, descent place of birth, residence, or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

The following articles of the Constitution of India provide equal opportunities for women implicitly as they areapply all persons of both sexes.

Under Article 14 of the Constitution of India, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

As per Article 21 of the Constitution of India, no person shall be deprived of life or personal liberty except according to the procedure established by law.

According to Article 21A of the Constitution of India, the State shall provide free and compulsory education to all children between the age of six and fourteen years in such a manner as the State may, by law, determine.

Under Article 19(1) of the Constitution of India, all citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India and (g) to practice any profession, or to carry on any occupation, trade or business. These six 'freedoms' are, however, not absolute. The Constitution itself restricts these freedoms in clauses (2) to (6). The restriction which may be imposed by the State under any of the clauses must be reasonable restrictions and not arbitrary.

As per Article 22 of the Constitution of India, no person who is arrested shall be detained in custody without informing the grounds for such arrest and he should be produced before the nearest magistrate within a period of twenty-four hours of such arrest.

Article 20 states that no person shall be convicted of any offense for violation of a law in force and no person shall be prosecuted and punished for the same offense than once and no person accused of any offense shall be compelled to be a witness against himself.

Article 23 of the Constitution of India prohibits traffic in human beings and forced labour.

Under Article 25(1) of the Constitution of India, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

As per Article 27 of the Constitution of India, no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Under Article 28(3) of the Constitution of India, no person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction or to attend any religious worship that may be conducted in such institution.

Though the discrimination against women is explicitly prohibited in Articles 15 and 16 of the Constitution of India this type of prohibition of discrimination against sex is mingled with the prohibition of other discrimination on the ground of religion, race, caste, place, or birth. In all other fundamental rights, the words 'citizen', and 'person' mean both male person and female person. Hence women are equally entitled to the protection of all fundamental rights along with men. Therefore, is no discrimination against women relating to the fundamental rights guaranteed in the Constitution.

Women's Quota in panchayats and Municipalities

According to Article 40 of the Constitution of India, the State shall take steps to organize village panchayats and endow them with such power and authority as may be necessary to enable them to function as units of self-government. Reservation of seats for women in Panchayats and Municipalities has been provided in Article 243-D and Article 243-T of the Constitution of India. Part IX and IX-A have been added to the Constitution by the Constitution (73rd Amendment) Act, 1992 and the Constitution (74th Amendment) Act. 1992 popularly known as the Panchayat Raj and Nagar Palika Constitution Amendment Acts with Articles 243, 243-A to 243-D and Article 243-P to 243-ZG.

Reservation of Seats for women in Panchayats

Article 243 D of the Constitution of India provides that:

1. In every Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes. The number of seats so reserved shall be, as nearly as may be, in the same proportion to the total number of seats to be filled by direct election in that Panchayat as the population of the Scheduled Castes and Scheduled Tribes in that Panchayat area bears to the total area and such seats may be allotted by rotation to different constituencies in a Panchayat.
    
2. Out of a total number of seats reserved under clause (1) not less than one-third of seats shall be reserved for women belonging to the Scheduled Castes and Scheduled Tribes.
    
3. Out of the total number of seats to be filled by direct election in every Panchayat not less than one-third (including the number of seats reserved for Scheduled Castes and Scheduled Tribes women) seats shall be reserved for women. Such seats may be allotted by rotation to different constituencies in a Panchayat.
    
4. The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for SC's and ST's and women in such manner as the Legislature of a State shall be, as nearly as possible, in the same proportion to the total number of such offices in the Panchayats at each level in proportion of the total population of the SC's and ST's in the State. However, not less than one-third of the total number of the offices of Chairpersons in the Panchayat at each level shall be reserved for women. The number of offices reserved under this clause shall be allotted by rotation to different Panchayats at each level.
    
5. The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have an effect on the expiration of the period specified in Article 334 (i.e., 50 years).
    
6. Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Panchayat offices of Chairpersons in the Panchayat at any level in favor of a backward class of citizens.

Reservation of Seats for Women in Municipalities

According to Article 243-T of the Constitution of India:

1. Seats shall be reserved for Scheduled Caste and Schedule Tribes in every Municipality. The number of seats reserved for them shall be as nearly as may be, in some proportion to the total number of seats to be filled by direct election in that Municipality as the population of the SCs and STs in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
    
2. No less than one-third of the total number of seats reserved under the clause shall be reserved for women belonging to the Scheduled Caste, or, as the case may be, to the Scheduled Tribes.
    
3. No less than one-third (including the number of seats reserved for women belonging to the SCs and STs of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
    
4. The Offices of Chairpersons in the Municipalities shall be reserved for the SCs, the STs and women in such manner as the Legislature of a State may, by law, provide.
    
5. The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairperson (other than the reservation for women) under clause (4) shall cease to have an effect on the expiration of the person specified in Article 334.
    
6. Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipality in favour of the backward caste of the citizen.

Fundamental Duties towards Women

Part IV A which consists of only one Article 51-A was newly added to the Constitution by the 42nd Amendment, 1976. This Article for the first time specifies a code of ten fundamental duties for citizens. Articles 51-A (e) is related to women. It states that "it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practice derogatory to the dignity of women.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 9-16

Offence against Women under Indian Penal Code (IPC)

The Indian Penal Code, 1860, lays down the provisions to punish the offender for onerous offences against women.

Sections under IPC deals with the crime against women such as:

1. Acid Attack (Section 326A and 326B)
2. Rape (Section 375, 376, 376A, 376B, 376C, 376D, and 376E)
3. Attempt to commit rape (Section 376/511)
4. Kidnapping and abduction for a different purpose (Section 363-373)
5. Murder, Dowry's death and Abetment of Suicide (Section 302, 304B and 306)
6. Cruelty by husband or his relatives (Section 498A)
7. Outraging the modesty of women (Section 354A)
8. Sexual harassment (Section 354A)
9. Assault on women with intent to disrobe a woman (Section 354B)
10. Voyeurism (Section 354C)
11. Stalking (Section 354D)
12. Importation of girls up to 21 years of age (Section 366B)
13. Adultery (Section 496)
14. Word, gesture or act intended to insult the modesty of a woman (Section 509)

The Indian Penal Code, 1860 (Bare Act)

The Criminal Law (Amendment) Act, 2013 (Nirbhaya Act)

Is Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang-rape case.

The National Commission for Women Act, 1990

Realising the need of setting up an agency to fulfil the surveillance function as well as to facilitate redressal of the grievances of women, the Government decided to set up a Commission for women and enacted the National Commission for Women Act, 1990. It extends to the whole of India.

Section 3 - Constitution of National Commission of Women

1. The Central Government shall constitute a body to be known as the National Commission for Women to exercise the powers conferred on and to perform the function assigned to it under this Act.
    
2. The Commission shall consist of:
   
   1. A Chairperson committed to the cause of women, to be nominated by the Central Government.
   2. Five members to be nominated by the Central Government from amongst person of ability, integrity and standing who has had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, women's voluntary organisation (including women activists), administration, economic development, health, education or social welfare. It must consist of at least one member each from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively.
   3. A Member-Secretary to be nominated by the Central Government, who shall be:
      
      1. An expert in the field of management, organisation, structure or sociological movement, or
      2. An officer who is a member of a civil service of the Union with appropriate experience.

Section 4: Term of Office and Conditions of Services of Chairpersons and Members.

1. The Chairperson and every member shall hold office for such period not exceeding three years, as may be specified by the Central Government on this behalf.
2. The Chairperson or a Member (other than the Member-Secretary who is a member of a civil service of the Union or an all-India service or holds a civil post under the union) may by writing and addressed to the Central Government resign from the office of Chairperson or, a the case may be, of the Member at any time.
3. The Central Government shall remove a person from the office of Chairperson or a Member referred in sub-section (2) if the person:
   
   1. Become an r> b) Gets convicted and sentenced to imprisonment for an office that in the opinion of the Central Government involves moral turpitude;
   2. Become of unsound mind and stand so declared by a competent Court;
   3. Refused to act or becomes incapable of acting;
   4. Is, without obtaining a leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
   5. In the opinion of the Central Government has so abused the position of Chairperson or Member as to render that person's continuance in office, detrimental to the Public Interest. However, no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

Section 5 - Officer and other Employees of the Commission.

1. The Central Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
2. The salaries and allowances payable to and the other terms and conditions of service of the officers and other employees appointed for the Commission shall be such as may be prescribed.

Section 10 - Functions of the Commission

1. The Commission shall perform all or any of the following functions, namely:

   1. Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws
   2. Present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
   3. Make in such reports, recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State.
   4. Review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto to suggest remedial legislative, measures to meet any lacunae, inadequacies or shortcomings in such Legislation;
   5. Take up the case of violation of the Constitution and other laws relating to women with the appropriate authorities;
   6. Look into complaints and take suo moto notice of matters relating to:
      
      1. deprivation of women's rights,
      2. non-implementation of laws enacted to protect women and also to achieve the objective of equality and development,
      3. non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring the welfare and providing relief to women and take-up the issue arising out of such matters with appropriate authorities;
   7. Call for special studies or investigation into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints to recommend strategies for their removal;
   8. Undertake promotional and educational research to suggest ways of ensuring due representation of women in all spheres and identifying factors responsible for impeding their advancement, such as lack of access to housing and access to housing and basic service, inadequate support service and technologies for reducing drudgery and occupation health hazards and for increasing their productivity;
   9. Participating and advising on the planning process for the socio-economic development of women;
   10. Evaluate the progress of the development of women under the Union and any State;
   11. Inspect or cause to be inspected a jail, remand home, women's institution or another place of custody where women are kept as prisoners or otherwise, and take up with the authorities concerned for remedial action if found necessary;
   12. Fund litigation involving issues affecting a large body of women;
   13. Make a periodical report to the Government on any matter pertaining to women and in particular various difficulties under which women toils;
   14. Any other matter which may be referred to it by the Central Government;
        
2. The Central Government shall cause all the reports referred to in clause (b) of the sub-section (1) to be laid before each House of the Parlament along with a memorandum explaining the action taken or proposal to be taken on the recommendations relating to the Union and the reason for the non-acceptance of any such recommendations.
    
3. Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part thereof to such State Government who shall cause it to be laid before the Legislation of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance of any of such recommendations.
    
4. The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (f) of sub-section (I), have all the powers of a Civil Court trying a suit and, in particular, in respect of the following matters namely:
   
   1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
   2. Requiring the discovery and production of any document;
   3. Receiving evidence on affidavits;
   4. Requesting any public record or copy thereof from any Court or office;
   5. Issue Commissions for the examination of witnesses and documents; and
   6. Any other matter which may be prescribed.

Section 15 - Public Servants
Chairperson, Member and Staff of the Commission shall be deemed to be public servants within the meaning of Section21 of the Indian Penal Code, 1860.

Section 16 - Central Government to Consult Commission
The Central Government shall consult the Commission on all major policy matters affecting women.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 17-22

Matrimonial Rights of Women

Restitution of Conjugal Rights
The restitution of conjugal rights is a remedy available to a spouse aggrieved by the desertion of the other spouse, without any reasonable cause. This right is available for both husband and wife.

Restitution of Conjugal Rights under the Special Marriage Act, 1954
As per Section 22 of the Special Marriage Act, when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the District Court for restitution of conjugal rights, and the Court, on being satisfied with the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Judicial Separation
The decree of judicial separation does not sever or dissolved the marriage. It provides time and an opportunity for reconciliation and adjustment. Mutual rights and obligations arising out of a marriage are suspended. The parties can live separately keeping their status of wife and husband till their lifetime if they fail to reconcile. If they want to separate they can file a petition for divorce on the ground of judicial separation. Thus, the decree for judicial separation permits the parties to live apart without any obligation for either party to cohabit with the other.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 48-49

Protecting Women from Divorce

Divorce of Hindu Women through the Hindu Marriage Act, 1995
Hindus considered the separation of a couple as a sin and hence the question of living separately did not arise in the olden days. Once married, the tie lasts till the end of life. In modern days marriage is considered a relation of consciousness. Divorce has been introduced in modern law and the Government enacted the Hindu Marriage Act, 1955 containing the provisions of marriage and divorce.

Divorce Section 13 Hindu Marriage Act, 1995:

1. Any marriage solemnized may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:
   
   1. Has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
   2. Has caused to be a Hindu by conversion to another religion; or
   3. Has been incurable of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
       
2. A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:
   
   1. In the case of any marriage, solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner. But, in either case, the other wife is alive at the time of the presentation of the petition; or
       
   2. That the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
       
   3. That her marriage (whether consummated or not) was solemnized before she attains the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Divorce by mutual consent
Section 13B of the Hindu Marriage Act, 1955

1. Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to marriage together, whether such marriage was solemnized before or after commencement of The Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for one year or more that they have not been able to live together and that they have mutually agreed that marriage should be dissolved.
    
2. On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in subsection (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
    

Divorce of women under Muslim Law
Divorce (Talak) means the repudiation of the wife by the husband in the exercise of his absolute power conferred on him by law. According to Muslim Law, any husband, who is of sound mind and has attained puberty, may his wife divorce whenever he desires, without assigning any reason at his whim or caprice.

Under Muslim Law, divorce by the wife is possible only in the following situation:

1. Where the husband delegates to the wife the right of Talak (Talak-e-Tafweez
2. Where she is a party to divorce by mutual consent (Khula and Mubarat)
3. Where she wants to dissolve the marriage under The Dissolution of Muslim Marriage Act, 1939.

Khula and Mubarat are the two forms of divorce by mutual consent. Khula means divorce by the wife with the consent of her husband on payment of something to her as compensation. In Mubarat both the parties are equally willing to dissolve the marriage.

In the talak, khula and mubaraat the wife is bound to observe the iddat. The woman has no absolute right to obtain a divorce in Muslim Law. She has that right only under certain specific contingencies.

Judicial Divorce of Muslim women through The Dissolution of Muslim Marriage Act, 1939
The Dissolution of Muslim Marriage Act, 1939 affords protection to Muslim married women from the rigidity of the textual personal law of Muslims. The wife's right to divorce, which was denied to her was restored to her under this Act on certain grounds specified in it. This Act extends to the whole of India except the State Jammu and Kashmir. It is considered a landmark achievement in respect of matrimonial relief to a Muslim wife.

Grounds for decree for dissolution of marriage (Section 2)
A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

1. That whereabout of the husband has not been known for a period of four years. A decree passed on this ground of disappearance for a period of four years shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within the period and satisfies the Court shall set aside the said decree. Under Section 3 of the Act, a notice has to be served on the heirs of the husband when the husband's whereabouts are not known.
2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.
3. That the husband has been sentenced to imprisonment for a period of seven years or upwards. No decree shall be passed on this ground until the sentence has become final.
4. That the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years.
5. That the husband was impotent at the time of marriage and continues to be so. Before passing a decree on the ground of impotency the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the Court within such period, no decree shall be passed on the ground of impotency.

Divorce of Christian Women

The Divorce Act, 1869
The Divorce Act, of 1869 relates to the divorce of a person professing the Christian religion. This Act extends to the whole of India except Jammu and Kashmir. This Act is applicable if one of the parties to the proceeding is a Christian.

Grounds for dissolution of marriage
According to Section 10 of the Divorce Act, 1869

1. Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition present to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnized of the marriage, the respondent:
   
   1. Has committed adultery; or
   2. Has ceased to be Christian by conversion to another religion; or
   3. Has been incurable of unsound mind for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
   4. Has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
   5. Has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a venereal disease in a communicable form; or
   6. Has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

Dissolution of marriage by Mutual Consent
Under Section 10-A of the Divorce Act 1869
Subject to the provisions of this Act and Rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of The Indian Divorce (Amendment) Act, 2001, on the ground that they have been able to live together and they have mutually agreed that the marriage should be dissolved.

Divorce of Parsi Women
The Parsi Marriage and Divorce Act, 1939

Suits of dissolution
Under Section 31 of the Act, if a husband or wife shall have been continually absent from his or her wife or husband for a space of seven years, and shall not have been heard of as being alive within that time by those persons who would have naturally heard of him or her he or she been alive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.

Grounds for divorce
According to Section 32 of the Act, any married person may sue for divorce on any one or more of the following grounds, namely -

1. That the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it;
2. That the defendant at the time of the marriage was of unsound mind and has been habitually so up to the date of the suit.
3. That the defendant was, at the time of marriage, pregnant by some person other than the plaintiff. But, divorce shall not be granted on this ground unless:
   
   1. the plaintiff was at the time of the marriage ignorant of the fact alleged,
   2. the suit has been filed within two years of the date of marriage, and
   3. marital intercourse has not taken place after the plaintiff came to know of the fact.

Divorce by Mutual Consent
Under Section 32B of the Act
Subject to the provision of this Act, a suit for divorce may be filed by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of The Parsi Marriage and Divorce (Amendment) Act, 1988, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. But, no suit under this Section shall be filed unless at the date of the filing of the suit on year has lapsed since the date of the marriage.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 53-55, 58-60, 63-64,67-69

Maintenance of the Women
Maintenance of Hindu Women
According to Section 18 of the Hindu Adoption and Maintenance Act, 1956:

1. Subject to the provisions of this Section wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.
2. A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
3. A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance:
   
   1. If he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish or of wilfully neglecting her
   2. If he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;
   3. If he is suffering from a virulent form of leprosy;
   4. If he has any other wife living;
   5. If there is any other cause justifying her living separately.

Maintenance of Muslim women

The wife has an absolute right of maintenance from the husband. Even after divorce, the wife is entitled to maintenance during iddat. But the wife is not entitled to maintenance even during iddat when the marriage is dissolved by the death of the husband because in that case she is entitled to inheritance. The right of the wife to maintenance exists in spite of the fact that she can maintain herself out of her own property.

An obedient invalid wife, incapable of matrimonial intercourse, is entitled to maintenance. The husband is bound to maintain his wife even if she is residing in her father's house and her husband does not require her to be in his own house and can cohabit with her there. When the husband is incapable of consummating the marriage on account of his minority or incapacity, the wife is entitled to maintenance.

Once the husband divorces the wife, she becomes entitled to a maintenance allowance from her ex-husband. Her right to claim maintenance would come to an end only if she remarries or lives in adultery or if she voluntarily surrenders her right of maintenance.

Maintenance of Christian Women
Divorce Act, 1869 deals with the maintenance of Christian women
According to Section 36 of the Act, any suit of divorce under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition for expenses of the proceedings and alimony pending the suit. Such petition shall be served on the husband; and the Court, on being satisfied with the truth of the statement therein contained, may make such order on the husband for payment to the wife of expenses of the proceedings and implying pending of the suit as it may deem just. But, the petition for the expenses of the proceedings and alimony pending the suit shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.

Maintenance of Parsi Women
Maintenance under The Parsi Marriage and Divorce Act, 1936

The Parsi Marriage and Divorce Act, 1936 deals with the matter of relief and maintenance of Parsi women.

According to Section 37 of the Act, the defendant in a divorce case may make a counter-claim for any relief he or she may be entitled to under this Act.

As per Section 39 of the Act, where in any suit of divorce under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the suit, having regards to the plaintiffs own income and the income of the defendant.

It may seem to the Court to be reasonable. But, the application for the payment of the expenses of the suit, shall as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2019) 72, 78, 83, 85

Succession of Women
Religion plays a major role in the succession of property by women as the personal laws of religious communities are mostly dominated by the scriptures of those religions. In the earlier period, the law of succession was mostly uncodified and followed according to the traditions of those communities. As society moved toward civilization, the government started to codify the laws of succession.

Right to Succession of Hindu Women
The Hindu Succession Act, 1956
The Hindu Succession Act, 1956 was made to codify the law relating to intestate succession among Hindus. It extends to the whole of India except the State of Jammu and Kashmir. The Act applies to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj.

This Act is applicable to all the Hindus, Buddhists, Jainas and Sikhs by religion. Any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in the Hindu Succession Act, 1956 and any other custom in force immediately before the commencement with any of the provisions contained in this Act.

This Act shall not apply to any property succession which is regulated by the Indian Succession Act,1925 by reason of the provisions contained in Section 21 of the Special Marriage Act, 1954 and any estate which descends to a single heir by the terms of any covenant or agreement entered into by the ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act.

Right to Succession of Muslim Women
The Muslim Law of succession is uncodified, there is no partition of inherited property. Succession opens only on the death of the ancestor, and then alone the property vests in the heirs. The Islamic Law of succession is based on the tenets of the Holy Quran. No woman was excluded from inheritance only on the basis of sex. Women have equal rights to share the property of the deceased.

Islamic principles of succession according to Prophet
The Principles are:

1. Husband and wife being equal are entitled to inherit from each other.
2. Some near females and cognates are also recognized and enumerated as heirs.
3. Parents and certain other ascendants are made heirs even when there are descendants.
4. The newly created heirs are given specified shares along with customary heirs who are residuary.

Right to Succession of Christian Women
The Indian Succession Act, 1925 provides that succession to immovable property in India of a person deceased who is not a Hindu, Mohammedan, Buddhist, Sikh or Jain, shall be regulated by the law of India.

Section 27 of The Indian Succession Act, 1925 states that there is no distinction for the purpose of the succession:

1. Between those who are related to a person decease through his father, and those who are related to him through his mother; or
2. Between those who are related to a person deceased by the full blood, and those who are related to him by the half-blood; or
3. Between those who were actually born and those who were only conceived in the womb; but who have been subsequently born alive.
    

Right to Succession of Parsi Women
The India Succession Act, 1925 contains the provisions for Parsi intestates in Sections 50 to 56

According to Section 50 of The Indian Succession Act, 1925, for the purpose of intestate succession among Paris:

1. There is no distinction between those who were born and those who were conceived in the womb.
2. If an intestate dies without leaving a widow or widower of any lineal descendant the property shall be divided.
3. Where a widow of the intestate has married again, she shall not be entitled to receive any share of the property.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 101, 113, 118, 121

Dowry Prohibition Act, 1961
This Act extends to the whole of India except the State of Jammu and Kashmir. This Act came into being on 1st July 1961. The Act applies to all Indian Nationals, Hindus, Mohammedans or any other Community of India except the domiciles of Jammu and Kashmir, and also excludes the dower or Mehar received or given under.

The Muslim Personal Law. The Mohammedans are subjected to this Act where any breach or act of commission is done by a Muslim, which is beyond the exemption provided to them under Section 2 of this Act. The Act is applicable to all Indians without any consideration of caste, creed or religion.

Dowry
According to Section 2 of The Dowry Prohibition Act, 1961 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly:

1. By one party to the other party in the marriage; or
2. By the parents of either party in a marriage or by another person to either party in the marriage or any other person.

Section 3 - Penalty for giving or taking dowry

Section 4 - Penalty for demanding dowry

Section 5 - Agreement for giving or taking dowry to be void

Section 6 - Dowry to be for the benefit of the wife or her heirs

Section 7 - Cognizable of offences

Section 8 - Offence to be cognizable for a certain purpose and to be non-bailable and non-compoundable

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 249

Maternity Laws
Maternity is a natural function of a woman. It is treated as a contingency and insecurity requiring protection. Maternity coverage is more extensive than sickness coverage as maternity is entirely different from sickness. Maternity benefit is required only for women workers. Hence International Labour Organisation (ILO) adopted a Convention in 1919 concerning the employment of women before and after childbirth.

The main conclusions of that convention which is considered as 'Maternity Protection Convention' 1919 are:

1. A women employees should have the right to maternity leave with wages for 12 weeks. The mother is entitled to maternity benefits whether the child is legitimate or illegitimate. Women should have the right to leave their work by producing a medical certificate stating that their confinement will probably take place within six weeks.
2. During the twelve weeks of maternity leaves, she should be paid benefits sufficient for the full health maintenance for herself and her child.
3. The confined woman is also entitled to medical benefits comprising free attendance of a doctor or a certified midwife along with a maternity benefit.
4. If a women worker is nursing her child at the workplace she should be allowed half an hour of recess twice a day during her working hours for feeding the child and these intervals should be treated as on duty.
5. There should be a security of employment during pregnancy, confinement, or illness due to pregnancy or confinement.
6. She should not be dismissed for absence from her work for a longer period as a result of illness medically certified.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 331

The Medical Termination of Pregnancy Act, 1971

Need of the Medical Termination of Pregnancy Act, 1971
In India during the earlier days, medical facilities were not adequate. Under certain circumstances, women wanted to terminate the pregnancy due to many reasons such as carrying illegitimate children etc. Married women preferred abortion to prevent the birth of a female child and in the process, most of them also lost their lives.

The termination of pregnancy was attended by quacks and unregistered and unqualified medical practitioners and caused irreparable damage to the health in many cases. Previously, abortion was considered a crime, for which the mother, as well as the abortionist, could be punished except where it had to be induced in order to save the life of the mother under Section 312 to 316 of the Indian Penal Code. Despite these penal provisions, abortions were continued in India for various social, medical and superstitious reasons.

In recent, years health services are available everywhere and the service hospitals with qualified doctors are available to all classes of people. The Government proposed to liberalise certain existing provisions relating to termination of pregnancy to avoid loss of the mother's health, strength and sometimes life. The Government enacted The Medical Termination of Pregnancy Act, 1971 to provide for the termination of pregnancy by registered medical practitioners where its continuity would involve a risk to life or grave injury to her physical or mental health.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 275

The Immoral Traffic (Prevention) Act, 1956

Article 23 of the Constitution prohibits traffic in human beings, such as women, children, begar, and other similar forms of forced labour. In Raj Bahadur vs. Legal Remembrance (AIR 1953 Cal. 522), the Court held that 'Traffic in human beings' means selling and buying men and women like goods and includes immoral traffic in women and children for immoral or other purposes.

Definitions:
Brothel
According to Section 2 (a) (i) Brothel includes any house, room (conveyance) or place or any portion of any house, room, conveyance, or place which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes.

In different cases, the Court commented on brothels as follows:

1. Prostitution of a woman should be for the gain of another person as to the premises to be called a brothel.
2. The residence of a single woman who practices prostitution for her own livelihood, will not amount to a brothel.
3. people of opposite sexes come to and have illicit intercourse on the premises.

Prostitution
According to Section 2 (e) of the Act, 'prostitution' means the sexual exploitation or abuse of a person for commercial purposes and the expression 'prostitute' shall be construed accordingly.

In different cases, the Court commented on prostitution as follows:

1. Prostitution involves indiscrimination employment of women's for hire
2. Prostitution suggests sexual relations for hire.
3. Women surrender their bodies for monetary consideration to someone who is not legally entitled to have sexual intercourse with them.
    

Section 3 - Punishments for keeping a brothel or allowing premises to be used as a bethel.

Section 4 - Punishments for living on the earnings of prostitution.

Section 5 - Procuring, inducing or taking a person for the sake of prostitution.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 297,298

Protection of Women from Domestic Violence Act, 2005
According to Section 3 of the Protection of Women from Domestic Violence Act, 2005, for the purposes of this Act, any act, omission or commission, or conduct of the respondent shall constitute domestic violence in case it:

1. Harm or injures or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
2. Harasses, harms, injuries or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
3. Has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
4. Otherwise, injuries cause harm, whether physical or mental, to the aggrieved person.

Complaint to Protection Officer
According to Section 4 of the Act, any person who has reason to believe that an act of domestic violence has been or is being committed may inform the Protection Officer. It also lays down that the person who is providing the information in good faith shall be exempt from any civil or criminal liability for giving such information.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 317, 319

The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION, and REDRESSAL) Act, 2013

Sexual harassment in the workplace is considered a violation of women's right to equality, life and liberty. It creates an insecure and hostile work environment, which discourages women's participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.

The Act was passed by the Indian Parliament houses Lok Sabha on 3rd September 2012 and then passed by Rajya Sabha on 26th February 2013. The Bill got approved by the President on 23rd April 2013. The Act came into force on 9th December 2013. This Law is the base of the Vishaka Guidelines for Prevention of Sexual Harassment (POSH) introduced by the Supreme Court of India.

Vishaka vs. State of Rajasthan (1997)
Sexual Harassment in the workplace is a form of discrimination against women and recognised that it violates the constitutional rights to equality and provided guidelines to address the issue pending the enactment of suitable legislation.

Prevention of sexual harassment
Section 3 of the Act provides that:

1. No women shall be subjected to sexual harassment at any workplace.
2. The following circumstance, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
   
   1. The implied or explicit promise of preferential treatment in her employment; or
   2. The implied or explicit threat of detrimental treatment in her employment; or
   3. The implied or explicit threat about her present or future employment status; or
   4. Humiliating treatment is likely to affect her health or safety.

Dr S.R. Myneni Laws Relating to Women (3rd Edition Asia Law House 2013) 229,232

Case Laws:

1. Tuka Ram and Anr vs. State of Maharashtra on 15 September 1978

   H. R. Khanna and M. N. Shroff for the Respondent. The Judgment of the Court was delivered by KOSHAL, J.-This appeal by special leave was directed against the judgment dated the 12th October 1976 of the High Court of Judicature at Bombay (Nagpur Bench) reversing a judgment of acquittal of the two appellants of an offence under section 376 read with section 34 of the Indian Penal Code recorded by the Sessions Judge, Chandrapur, on the 1st of June 1974, and convicting Tukaram, appellant No. 1, of an offence under section 354 of the Code and the second appellant named Ganpat of one under section 376 thereof. The sentences imposed by the High Court on the two appellants are rigorous imprisonment for a year and 5 years respectively.
   
    

2. Vishaka & Others vs. State of Rajasthan & Ors on 13 August 1997

   This Writ Petition was filed for the enforcement of the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India in view of the prevailing climate in which the violation of these rights was not uncommon. With the increasing awareness and emphasis on gender justice, there was an increase in the effort to guard against such violations; and the resentment towards incidents of sexual harassment was also increasing.
   
   The present petition has been brought as a class action by certain social activists and NGOs with the aim of focusing attention on this societal aberration, assisting in finding suitable methods for the realisation of the true concept of 'gender equality; and preventing sexual harassment of working women in all workplaces through the judicial process, to fill the vacuum in existing legislation.
    

3. Laxmi vs Union of India & Ors on 10 April 2015

   This case was filed because earlier, in the case of Naeem Khan v. State, 2013, the issue of acid attack under Section 307 came into the limelight when Laxmi, a 16-year-old girl, was made a victim of an inhumane acid attack by the accused. Acid attack in terms of motive and emotions is regarded as a 'crime of passion' which is fueled by revenge or jealousy.
   
   It is presumed to be done as throwing acid is an easy way of taking revenge on a woman by disfiguring her physical body for demands like sexual favours, marriage proposals and dowry demands. Perpetrators of acid attacks by disfiguring and causing extreme physical and mental suffering to victims fulfil their desires of revenge and jealousy.
   
   The accused was held guilty and compensation to the victim was provided under Section 357(1)(b) for the physical and mental agony she went through. So, the case of Laxmi was filed to reimburse victims for their damages and help them get the required medical treatment. The punishment mentioned in the IPC is not enough for the victim to get justice because the trauma and pain of the survivor are far greater.
   
   After being a victim of an acid attack herself, the victim Laxmi filed a PIL in the Supreme Court. In response to that PIL, a number of orders and directives were passed by the legislative and the Supreme Court of India in the form of guidelines for humane provisions and redressed of such acid-attack survivors. The changes in the Indian jurisprudence ranged from various statutes and did not limit to IPC.
    

4. Mukesh & Anr vs. State For Nct Of Delhi & Ors on 5 May 2017 (Nirbhaya Rape Case)

   In this case, a girl was gang-raped while returning from a movie theatre with a friend. She was assaulted and gang-raped by 6 men one of whom was a 17 years old minor. Her friend, when he tried to protect her, was also assaulted and beaten up by the convicts. Nirbhaya was gang-raped and they caused damage to her body of diabolic nature. They pulled out her intestines and mutilated her private parts. After almost a month of treatment, she died due to cardiac arrest, multiple organ failure and internal bleeding on December 29th 2012.
   
   The Supreme Court's 3 judge's bench recognised the inhuman act of the accused. The court after taking into account the nature of their activities, and how they mutilated her body and destroyed her dignity, awarded the death sentence while recognising it a 'rarest of the rare case.
   
   Following this case, Indian Criminal law underwent a multi-dimensional change. The most critical change was the enactment of the Criminal law Amendment, 2013.

Conclusion
Since ancient times, India has been known as the country of the 'Golden Bird' (Sone Ki Chidiya) due to its abundance of culture & tradition, yoga, rich heritage, architecture, peace, love and women's honor. From ancient India to modern India women are treated as Goddesses but due to some evil minds, women are feeling unsafe.

It is necessary to protect the rights of women in our country; the number of crimes against women is increasing day by day. Only laws are responsible to control this crime against women and protect them from evil eyes. To control this increasing number of crimes every woman should know what laws are given to protect them and live a respectful life.

End-Notes:

• https://en.wikipedia.org/wiki/Women_in_India
• https://indiankanoon.org/doc/1092711/
• https://inhttps://indiankanoon.org/doc/90443079/diankanoon.org/doc/1031794/
• https://indiankanoon.org/doc/68696327/