Post Independence, the Indian Government and the Indian Judiciary recognized various crimes wherein the primary victims were woman and in order to safeguard their interest, incorporated and enforced specific laws. There are numerous laws which were incorporated for the welfare and protection of women such as the Prevention of Sexual Harassment of Women at workplace Act, 2013, The Domestic Violence Act 2005, The Dowry Prohibition Act 1961, etc. The various rights of married women under these laws are enumerated as follows:
- Right to Live with Dignity (Article 21 of the Indian Constitution): The fundamental right to live with dignity encompasses freedom, dignity, respect, and protection from torture and violence, including sexual harassment as has been affirmed by the Supreme Court. In F. Marion v. Minnie Davis, it was held that a good reputation constituted an element of personal security and was guaranteed by the Constitution alongside the right to life, liberty, and property.
- Protection from Domestic Violence: The Protection of Women from Domestic Violence Act, 2005 empowers women to seek legal action against husband or any relative living in the household who inflicts any form of physical, emotional, economic, or sexual abuse. This Act provides crucial protection for women’s safety and well-being within the marital home
- Right Against Violence: Various laws, including the Indian Penal Code, Hindu Marriage Act, and Protection of Women from Domestic Violence Act, protect women from domestic violence.
- Right to Reside in Marital Home (Section 17 of Domestic Violence Act, 2005): Married women have the right to reside in their matrimonial home, safeguarding them from illegal eviction by their husband or his family members even during domestic violence proceedings.
- Property Rights: A married women has rights in the property of her husband as well as her father. Since the 2005 Amendment of the Hindu Succession Act, 1956, married daughters have equal rights like those of sons in their parental property including ancestral property. Court rulings, like Prakash v. Phulavati and Vineet Sharma v. Rakesh Sharma & Ors., grant daughters’ equal property rights irrespective of marital status, ensuring their inheritance rights.
- Right to Streedhan: Streedhan comprises gifts received by a married woman during the time of her marriage and childbirth, and is solely owned by her. Legal precedents, such as Prathibha Rani vs Suraj Kumar and Rashmi Kumar vs. Mahesh Kumar Bhada, protect women’s ownership of Streedhan, ensuring its return upon command, even if it is placed in the safekeeping of her husband or in-laws, etc.
- Right to File for Divorce: Both spouses have the right to seek divorce under Section 13 of the Hindu Marriage Act, 1955. It grants women the right to seek divorce on various grounds, including cruelty, adultery, and desertion.
- Right to Seek Maintenance: The Hindu Marriage Act, 1955, and Code of Criminal Procedure, 1973, grant wives the right to claim maintenance from their husbands if she is not in a position of to survive on her own, after divorce and such maintenance can extend up to the time when such women get re-married. In Mohd Ahmed Khan v. Shah Bano Begum, the Supreme Court held that Section 125 applies to Muslim women as well.
- Right to Guardianship: The laws in connection to the custody of children is governed by Section 26 of Hindu Marriage Act, 1955, Section 38 of Special Marriage Act of 1954, and Hindu Minority and Guardianship Act of 1956. Courts typically favor mothers for child custody, especially for children under five, despite financial disparities, as reinforced by rulings in Rashneet Kaur vs State of Haryana and Others (2022) and Chandrakala Menon and Anr. v. Vipin Menon and Anr.
- Right to Choose & Control: The Medical Termination of Pregnancy Act, 1971 grants women the right to safe and legal abortion under specific medical and social conditions. This empowers women to make informed decisions about their reproductive health.
- Right To Re-Marry (Section 15 Of the Hindu Marriage Act, 1955): Section 15 allows married women to remarry post-divorce or spouse’s death. The Hindu Widows’ Remarriage Act, 1856, paved the way for the legality of Hindu widow’s remarriage.
