Women

What is Free Legal Aid?

Free legal aid means providing legal services, free of cost, to certain sections of the society like a beggar, differently-abled person, etc., as and when required. This does not mean that anyone can go and ask for legal aid. You have to be eligible to apply for it.

What is Dowry?

Dowry is anything which has value (such as cash and property) which is given by the bride’s family to the groom’s family as a condition of marriage.

What is Acid Attack?

An acid attack is the crime of hurting a person by throwing acid on them, administering acid to that person or doing anything with acid with the intention or knowledge that it would harm the person.

What are Maternity Benefits for women in India?

Maternity benefit is the amount an employer pays a woman when she is going to have a child to protect women employees rights during pregnancy

Filing a Complaint against Sexual Harassment

The law has provided a detailed mechanism for filing complaints related to sexual harassment at the workplace.

What is Rape?

Rape is the crime that occurs when a man has sexual intercourse with a woman against her will or without her consent. 

What is Sexual Harassment?

Sexual harassment can happen in several ways. Actions such as following a person on the streets or in any public space, peeping into their bedroom, making sexual gestures at them while they are at work or in the classroom, singing lewd songs - all of this is sexual harassment.

What are inheritance rights?

When it comes to immovable property, inheritance refers to the transfer of a property’s ownership after the death of an individual.

Legal Services

Legal services are any service with respect to a case or any other legal proceeding before any Court, authority or tribunal. Getting legal advice is also a part of legal service. 

Demanding Dowry

Under the Indian law, it is illegal to demand dowry from anyone related to the bride or groom as a condition of marriage.

Who does the law protect?

The law on acid attack protects all persons, regardless of their gender. Further, there are no specifications in the law in terms of the age of the survivor.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.

Victims of Sexual Harassment at Workplace

If you are a working woman in any capacity, you will be protected from being subjected to sexual harassment at the workplace.

What is Consent?

Consent is voluntary, clear and unmistakable agreement by a person who expresses their willingness to take part in a specific sexual act.

How is Invasion of Privacy a Sexual Crime?

Everyone has a right to privacy. This means that anyone can do anything, sexual or not, thinking that no one is watching them (provided that it shouldn’t be illegal). Under the law, only a man can be punished for the crime.

Eligibility for Legal Aid

If you want legal aid, you will need to go to a legal service authority. Once you approach the authority, they will check whether you are eligible for legal aid and the genuineness of your case.

Exchange/Giving or Taking Dowry

Any person who gives or takes dowry, and anyone who helps in the exchange of dowry, can be punished under the Indian law.

What are the rights a person has under this law?

Survivors of acid attacks have the right to seek medical treatment, right to file a complaint and right to compensation.

Maternity Leave

You are entitled to leave from work when you are having a child. However, this differs based on certain circumstances.

Actions and Behaviours seen as Sexual Harassment

According to law, several acts can be considered as sexual harassment. It include any behaviour or action that makes a woman uncomfortable.

Consent of a minor

Sex with a girl who is below eighteen years of age (a minor) is considered as rape, even if the girl consents to have sex.

What is Forceful Sexual Behaviour?

There are many forms of forceful sexual behaviour that a person might encounter, including forcefully removing clothes and rape.

Crimes against women belonging to SC/ST groups

It is a crime to sexually touch a woman belonging to an SC/ST without her consent. Practices like devadasi are also illegal.

Costs in Legal Aid

There is no charge for getting an application form for free legal aid. You are not required to spend any money for either getting or submitting the application. Even expenses like Process Fees, Drafting Fees, Typing Fees, Clerkage, etc. are borne by the legal service institutions.

FIRs filed for Women Related Offences

The information related to acid attacks and sexual offences has to be registered by a woman police officer or any other woman officer.

Complaining about a Demand for Dowry

Under the Indian law, in case you have been coerced into paying dowry, you can still file a complaint against the offenders.

What are the offences and punishments under this law?

The crimes relating to acid attacks have been specified under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Anyone can be punished for the crimes given below regardless of their gender.

Salary during Maternity Leave

Employers have to pay women 'maternity benefit' for the period during which they are absent from work as a result of their pregnancy.

Workplaces where you can File a Complaint

If you have faced sexual harassment at workplace, complaint must be lodged with the Internal Complaints Committee of your office.

Punishment for Rape

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine, under Section 376(1) of the IPC.

What are Sexual Remarks and Threats?

If anyone says anything sexual to or sexually threatens a person, it is a crime under the law. Only a man can be punished for the crime.

Is it more beneficial to register an immovable property on a woman’s name?

It is more beneficial to register an immovable property on a woman’s name, due to financial benefits offered for women buying property.

Arresting a Woman

A woman cannot be arrested after sunset and before sunrise (unless in exceptional circumstances) and a lady constable has to be present when a woman is being arrested. 

Where do you go for Legal Aid

You can approach the State Legal Services Authorities, District Legal Services Authorities, Supreme Court Legal Services Committees and the High Court Legal Services Committees for applying for legal aid.

Signs of domestic violence

Domestic violence can be of many different kinds and in many form, such as verbal, sexual, etc. An indicative list of signs of domestic violence is mentioned herein.

Mehr and Dower Not Dowry

According to the Indian law, It is important to note that Mehr or Dower given during Muslim marriages is not the same as dowry.

Are the offences bailable or non-bailable/ cognizable?

The crime of throwing or helping someone throw acid, is both cognizable and non-bailable under the Indian law.

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.

Accused of Sexual Harassment at the Workplace

Only women are protected from being sexually harassed at their place of work, but sexual harassment can be done by anyone, male or female.

What is Gang Rape?

Gang rape refers to the rape of a woman by multiple people/a group of people acting together with the common intention to rape. In a case of gang rape, each person in the group is guilty of the crime.

What is an Inappropriate Sexual Touch?

If someone inappropriately touches a person with a sexual intention, it is a crime under the law. The touch may or may not be forceful, but the perpetrator will still be punished for their actions.

How to Apply for Legal Aid?

While applying for legal aid, you will require at least proof of identification and an affidavit proving you are eligible for legal aid.

Where can Domestic Violence Happen?

An act of domestic violence can happen anywhere. It need not always be confined to the house you are living in.

Agreement to Pay Dowry

Any agreement for the exchange of dowry is not valid. You cannot go to court if your future or existing father-in-law refuses to pay dowry after entering into an agreement to pay you dowry.

How do you seek medical treatment?

The medical process for the treatment and care for a survivor of an acid attack along with the legal paperwork required is mentioned herein.

How to claim Maternity Benefits?

The employer must pay you your maternity benefit before your delivery. Give your employer a written notice of the same.

When to file a Complaint against Sexual Harassment

Generally, you must file a complaint within three months of the incident of sexual harassment that you have faced.

Punishment for Repeating the Crime

If someone has been previously held guilty for the crime of rape/gang rape, and they are subsequently held guilty for rape/gang rape again, the punishment is more severe.

What are Sexual Favours or Demands?

If anyone asks for or demands any sexual favours from a person without their consent and despite their disinterest, then it is a crime. Under the law, only a man can be punished for the crime.

Help and Support

You can reach out to the National Legal Services Authority to lodge a complaint and track your application. You can also email or call the state-wise authorities (Legal Service Authorities) given below in case of a grievance, or if you need help and support. 

What are the Rights and Remedies for Victims against Domestic Violence?

Victims of domestic violence have certain rights under the domestic law as well as  remedies to protect themselves and their children. The Protection Officer, or a service provider, has a duty to inform you of these rights and remedies. 

Women’s Right to Take Possession of the Dowry

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property.

Who can file a Complaint?

The complaint can be filed by the survivor of the acid attack, a relative, friend or acquaintance or any person who has witnessed the crime.

Workplaces with Maternity Benefits

Maternity Benefits under law are applicable to almost all government and private establishments and offices.

Work Environment after Filing a Sexual Harassment Complaint

Victims of sexual harassment are entitled to legal protections to make it more comfortable for them to continue working.

Marital Rape

Indian law does not criminalise marital rape. The law does not punish a husband for having forcible sexual intercourse with his wife without her consent, unless she is a minor.

What are Sexual Gestures?

If anyone makes any sexual gestures that are insulting and sexual in nature, it is a crime. Under the law, only a man can be punished for the crime.

Appeal

If you are not satisfied with the decision given by the relevant Legal Service Authority on your application for a grant of legal aid, an appeal to the Executive Chairman or Chairman of the relevant Legal Services Authority.

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.

Ban on Advertising for Dowry

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative.

How do you file a complaint?

The legal process following an acid attack includes, filing an FIR, police investigation and filing of charge sheet, after which the trial begins.

Fired during Maternity Leave

You cannot be dismissed or fired, conditions of work altered, etc by your employer during or due to your maternity leave.

Punishment for Sexual Harassment

The Committee investigating sexual harassment complaint will recommend punishment according to the service rules of their workplace.

Abuse of Position or Authority

If a man has control over a woman because of his job or position, and uses this control to make a woman have sex with him, it is a crime.

How do you Complain against Sexual Crimes?

If you want to complain against sexual crimes, you can do it through any of the ways that have been listed herein.

Denial/Withdrawal of Legal Aid Services

After you fill out your application for legal aid, it can be denied or accepted. It can also be withdrawn at a later stage after the application has been accepted and legal aid has been provided.

What are the Domestic Violence Helplines?

You can reach out to certain helplines that will help you file a complaint, locate the relevant Protection Officer, and provide additional help and support.

Maintaining A List Of Gifts During Marriage

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily.

What are the complaint forums/helplines?

If you are a survivor of acid attack, you can approach the police, NCW, Sub-divisional Magistrate or any of the National Helplines mentioned herein.

Maternity Benefit in case of death of a Woman

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy.

Your Privacy during the Complaint and Proceedings

The law grants the right to keep the sexual harassment victim's complaint and the things that happen after it private.

Reporting Rape

If you want to report a rape case, under the Indian law, you can follow the procedure which has been mentioned herein.

What is Stalking?

If a person repeatedly follows, contacts or monitors someone despite their disinterest or lack of consent, it is known as stalking. Stalking is a term used for numerous activities done by a person, which when taken together can disrupt the life of the survivor.

Receiving Legal Aid After Application

Once you have submitted your application for free legal aid, it will be scrutinized by the relevant Legal Services Authority to determine what is to be done. Once the scrutiny is complete, information about whether your application has been accepted/rejected will be provided to you within 7 days from the date of the receipt of the application. 

How can you Get Help and Support against Domestic Violence?

While filing a domestic violence complaint, you might need additional support and help, which you can access by approaching the authorities listed herein. 

Bail for Accused of Dowry-Related Offences

As per the Indian law, any person arrested under the offence of dowry cannot get bail as a matter of right.

How can you claim compensation under this law?

To seek compensation under the Victims Compensation Scheme, under the Indian law, the procedure is mentioned herein.

Nursing Breaks or Creche Facilities

Other benefits, besides maternity leave, i.e. nursing breaks and creche facilities allow women to make an easier transition back into work.

Employer’s Responsibility to Prevent Sexual Harassment

This post discusses the legally mandated steps an employer has to take certain steps to create a safe work environment for women.

Seeking Medical Help

Survivors have the right to get immediate and free first-aid or medical treatment from medical institutions (both public and private). The institution must also inform the police of the criminal incident.

What is Physical Stalking?

It is a crime to physically stalk someone, i.e. someone tries to follow a person wherever they go and contact them even after they have expressed their disinterest.

How can you get Immediate Protection for Domestic Violence?

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer.

Proving a Dowry-Related Crime

Usually, in criminal law it is upon the person making the complaint to prove that the person they are accusing has committed the crime.

What are the costs involved for survivors to exercise their rights?

For crimes of acid attack, medical and rehabilitation facilities must be provided to survivors free of cost, under the Indian law.

Complaints against Employer

Complaints against employer in case of maternity benefits can be filed with 'Inspectors' under the Act or with Womens' Commissions.

Forming an Internal Complaints Committee

Workplaces with more than 10 employees are required to set up an Internal Complaints committee to handle cases of Sexual Harassment.

Protecting the Identity of the Survivor

No one is allowed to print or publish the name or any matter which may reveal the identity of a survivor. The punishment for doing so is imprisonment for up to two years and a fine.

How does Stalking over the Phone Happen?

If someone repeatedly contacts a person through calls or texts by the means of a telephone, then, it is a crime under the law. Under the law, only a man can be punished for the crime.

What are Medical Facilities and Shelter Homes?

If you have been subjected to domestic violence, it is your right to receive medical assistance. Whereas, Shelter homes are homes set up by the State Government to provide a safe space for women to stay in.

Cruelty and Deaths from Dowry Demands

Indian law criminalises the actions of cruelty and death resulting from dowry demands. This is known as dowry death.

How is the sale of acid regulated in India?

The sale of acid in India is governed by two levels of regulatory mechanisms, that is, State level rules and Supreme Court rules.

Proof of Pregnancy/Miscarriage/Abortion/Tubectomy/Operation

Proof of a pregnancy, miscarriage, abortion or tubectomy operation is necessary if you want to claim maternity benefits.

False Complaint of Sexual Harassment

False complaints made on purpose or fake documents given to the committee are taken very seriously and can be punished.

Rape Trial

The inquiry and trial of a rape offence is conducted in camera i.e., not open to the public. However, the judge may allow a person to access or observe the court trial if one of the parties makes an application for the same.

What is Cyber Stalking?

If a person persistently monitors or follows a person’s activity on the internet through email, social networks and instant messaging applications such as WhatsApp etc. it is a crime of cyberstalking.

What is Counseling under Domestic Violence law?

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence.

Guidelines for Arrests in Cruelty and Dowry Cases

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty.

Responsibilities of Universities to Prevent Sexual Harassment

Any woman (student, teaching, non-teaching staff) of any age at a University campus can file a complaint of sexual harassment.

How can you File a Criminal Complaint for Domestic Violence?

By filing a criminal case, the harasser would be punished for the act of violence committed with jail-time and a fine.

Cases of Dowry Death

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary, t is assumed that the husband or the relatives of the husband committed the crime of cruelty.

Approaching the Police (Criminal Complaint)

A criminal complaint can be filed if you are being sexually harassed at work. If proved, this will put your harasser in jail.

How can you file a complaint against domestic violence?

You or anyone on your behalf, can approach the authorities listed herein to file a complaint against any domestic violence that you have been facing.

Workplace doesn’t have an Internal Committee

If Internal Complaints Committee is absent, you can approach the Local Complaints Committee that has been set up by the District Officer.

Compensation for Sexual Harassment

The amount of money that victims will receive as compensation is determined according to the provisions in the Act.

Who can You Complain against for Domestic Violence?

Under the Indian law, you have the provision to make a complaint against both men and women for domestic violence.

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place.

What is a Domestic Incident Report?

Domestic incident report (DIR) is a report that is made on receiving a complaint of domestic violence from a woman.

What is the Role of a Protection Officer?

Anyone, including someone you know, can visit, call, or write to a Protection officer in your district or an area nearby to complain against the violence and seek protection.

How can you go to Court for Domestic Violence?

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection.

What is a Residence Order under Domestic Violence law?

If you are being thrown out of your shared household (house) by your harasser, the Court can issue a residence order in such a case.

How can you get Compensation or Money for Domestic Violence?

To get money or compensation from the harasser, you can file an application with the Court asking for monetary relief with the help of a lawyer or a Protection Officer.