India has several strong laws protecting women's rights — from domestic violence to workplace harassment to property inheritance. However, awareness of these rights is the first step to using them. This guide covers the key laws and remedies available to women in India.
Protection Against Domestic Violence
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is the most comprehensive law for married women, live-in partners, and female relatives facing domestic violence. It covers physical, sexual, emotional, verbal, and economic abuse.
Remedies available under PWDVA:
- Protection Order: Prohibits the abuser from committing violence or contacting you
- Residence Order: You cannot be thrown out of the shared household
- Monetary Relief: Compensation for injuries, loss of earnings, medical expenses
- Custody Order: Temporary custody of children
- Compensation Order: For mental torture and emotional distress
Protection Against Dowry Harassment (Section 498A IPC)
Cruelty by husband or in-laws for dowry is punishable under Section 498A of IPC (Section 85 BNS 2023) with imprisonment up to 3 years. Dowry demand itself is an offence under the Dowry Prohibition Act, 1961. Both are non-bailable, cognizable offences — police must arrest without a warrant.
Maintenance Rights
Women can claim maintenance from their husbands under multiple laws:
- Section 125 CrPC: Available to all women regardless of religion. Fast track, applicable even during marriage. Courts routinely grant interim maintenance within 60 days.
- Hindu Adoption & Maintenance Act: For Hindu women — covers permanent alimony after divorce
- PWDVA: Monetary relief including maintenance for domestic violence survivors
Property and Inheritance Rights
The Hindu Succession Act Amendment 2005 gave daughters equal rights in ancestral property as sons — even daughters born before 2005. Women can also inherit self-acquired property of parents equally. A married woman retains her own property rights — her property does not merge with her husband's.
Stridhan: Gifts given to a woman at marriage (jewellery, cash, property) are her exclusive property — she has full rights over them. Husband or in-laws cannot claim ownership of stridhan.
Workplace Rights (POSH Act)
The Sexual Harassment of Women at Workplace Act, 2013 covers all women — employees, interns, contractors, visitors. All establishments with 10+ employees must have an Internal Complaints Committee. The complaint must be filed within 3 months of the incident. Remedies include termination of perpetrator, compensation, and disciplinary action.
Maternity Rights at Work
The Maternity Benefit Act gives 26 weeks paid leave for the first two children. Women cannot be dismissed or given notice of dismissal during maternity leave. If dismissed in violation, they are entitled to maternity benefit as if they had not been dismissed.
Free Legal Aid for Women
Women are entitled to free legal aid from the District Legal Services Authority (DLSA) regardless of income. Visit the DLSA office in your district or call the legal aid helpline 15100. Legal aid covers court representation, drafting of applications, and legal advice.