Stories From silence to salvation: The legal backbone of her rights

From silence to salvation: The legal backbone of her rights

A simple guide to key legal rights every woman in India should know.

For centuries, societal norms, traditions, and discrimination have suppressed women’s voices and limited their rights. While legal reforms have made progress in empowering and protecting women, laws alone are not enough. Many women remain unaware of their rights, rendering these protections ineffective.

Understanding these laws is crucial to ensuring their power is realized. Here are some key legal rights every woman should know.

Know Your Rights: Protection Against Domestic Violence

Domestic violence remains a widespread issue in India, affecting countless women. The Protection of Women from Domestic Violence Act (2005) provides legal safeguards not only against physical abuse but also emotional, verbal, psychological, and sexual abuse.

Despite this law, many women are pressured to stay silent to "keep the family united." However, no one should endure abuse in any form. If you or someone you know faces domestic violence, this law empowers you to seek protection, residence orders, monetary relief, and legal action against the abuser.

You have the right to safety—speak up and report abuse under the PWDVA, 2005.

Dowry Prohibition Act, 1961.

Even today, dowry-related violence and harassment continue to affect many women.

Under this law:

  • Giving or taking dowry is a punishable crime.
  • Demanding dowry, either directly or indirectly, is illegal.
  • Harassment or cruelty for dowry is a criminal offense under both the Dowry Act and Section 498A of the IPC.

If you're being forced into providing dowry, you can report it to the officials.

The Immoral Traffic (Prevention) Act, 1956

This act aims to prevent human trafficking and exploitation of women in the sex trade.

This ACT helps women by:

  • Penalizing anyone involved in trafficking women.
  • Providing rescue and rehabilitation for victims of trafficking.
  • Punishing those who exploit women sexually under coercion.

This law helps protect women from being treated as commodities.

Workplace Harassment is an offense:

The harassment of females at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was formed to prevent sexual harassment that many women face in their workplace.

The use of language with sexual undertones, invasions of personal space by a male coworker, subtle touches, and sexist remarks are considered as sexual harassment in the workplace and women can report any of these crimes to the officials.

Marital Rape: A Legal Grey Area in India

While Indian law criminalizes rape, marital rape remains largely unrecognized under Section 375 of the Indian Penal Code (IPC). The law states that sexual intercourse by a man with his wife (unless she is under 15) does not constitute rape, leaving millions of married women without full legal protection.

However, the Protection of Women from Domestic Violence Act (2005) provides some recourse—women can file complaints against non-consensual sex as sexual abuse, along with seeking protection under rights to human dignity and sexual privacy.

Though India still lacks a dedicated law against marital rape, this provision is a step toward acknowledging women’s bodily autonomy. Legal reforms are needed, but until then, women can use existing laws to seek justice. Consent matters—even in marriage.

Constitutional Rights: A Woman’s Autonomy Over Her Body & Choices

Under Article 21 of the Indian Constitution, every woman is guaranteed the right to life, personal liberty, and dignity. This includes:

  • Reproductive Rights: No medical procedure—be it abortion, sterilization, or virginity testing—can be performed without a woman’s free and informed consent.
  • Bodily Autonomy: Forcing a woman into decisions regarding her body violates her fundamental rights and can lead to legal consequences, including compensation, fines, or imprisonment.

Key Legal Protections:

  • Medical Termination of Pregnancy (MTP) Act: Allows abortion under specified conditions, with the woman’s consent.
  • Indian Penal Code (IPC): Criminalizes forced medical procedures or coercion in reproductive choices.

No one—not even family or medical professionals—can override a woman’s right to consent.

Updated legislation:

Recently India has acknowledged various troubles women are going through every day, and to improve their safety, it has introduced stricter punishments for offenses like gang rape and deception for sexual purposes in Bharatiya Nyaya Sanhita (BNS) replacing the colonial era IPC laws and marking a milestone in Indian legal administration.

Final thoughts:

The National Crime Records Bureau, India’s official crime data authority, shows that crimes against women are underreported. This underreporting stems from deep-rooted social stigma, fear of retaliation, and widespread distrust towards the authorities.

New rules are being enforced for the safety of the woman constantly, but we still hesitate to come forward and speak up due to the previous constrictions laid by the society and ourselves.

It’s time for women to make use of these laws that were made especially for them to protect them.

Your rights are your power. So, don’t hesitate to use them.