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Rights of Women






1. Right to Equality

2. Right to particular freedoms

3. Right against exploitation.

4. Right to freedom of religion

5. Cultural and educational rights.

6. Freedom of speech, assembly, association, movement, residence and profession.

7. Protection of life and personal liberty.

8. Women have equally have the right to an adequate means of livelihood as men.

9. There is equal pay for equal work for both men and women.

10. Equal justice and free legal aid.

11. Police Circular Order 343/2013 regarding Standard Operating Procedure (SOP) for investigation of Crime against women has been issued to all the District SsP/ DCsP, Bhubaneswar-Cuttack/ SRP Rourkela and SRP, Cuttack.

 

12. Police Circular Order 338/2013 regarding Prompt investigation and prosecution of crime against women has been issued to all the District SsP./ DCsP, Bhubaneswar-Cuttack / SRP Rourkela and SRP, Cuttack.

13. As far as possible, investigation of crime against women shall be conducted by a women officer. Whenever necessary, investigating team should be formed, consisting of three to four police personnel of whom one should be designated as Chief IO. There should be at least one lady officer in the team. Rape case should usually be investigated by the IIC or the senior SI.

14. The Women victim should be dealt with utmost sympathy and sensitivity. Behavior towards the victim should be extremely courteous. No embarrassing or indecent questions should be put to the victim. NGOs can be of immense help in extricating the victim from trauma and preparing her to cooperate with the investigation. Care should be taken to secure dignity and prevent embarrassing situation to the victims.

15. The victim should not be called to the Police Station. The I.O. should visit her home in plain clothes for ascertaining facts in presence of her relatives/family members. As per section 157(b) CrPC, the statement of the victim should be recorded at the residence of the victim or in the place of her choice by a woman police officer in the presence of parents or guardians or near relatives or a social worker of the locality.

16. The victim should not be called to the Police Station. The I.O. should visit her home in plain clothes for ascertaining facts in presence of her relatives/family members. As per section 157(b) CrPC, the statement of the victim should be recorded at the residence of the victim or in the place of her choice by a woman police officer in the presence of parents or guardians or near relatives or a social worker of the locality.

17. A rape victim above 18 years of age can be examined only after her written consent and a rape victim under 18 years of age can be examined only after a written consent from her parents/ guardians.

18. As far as possible, the victim should be medically examined only by a lady doctor.

19. As per section 164 A CrPC whenever it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted to examine by a medical expert. such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such women or of a person competent to give such consent on her behalf and such women shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

20. Victim is entitled to get compensation under "The Odisha Victim Compensation Scheme-2012" as amended vide Govt. of Odisha, Home Department, Notification No.49915/CDHRdt.27.12.2012 and 21390/C & HR dt.13.06.2013. Victim should be apprised of the provision of this scheme for getting compensation.

21. No women shall be arrested after sun set and before sun rise and where such exceptional circumstances exist, the woman Police officer shall by making a written report, obtain prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offense is committed or the arrest is to be made.

22. In cases, where interrogation of woman witness or arrest of woman accused is concerned, it is binding upon the police to keep a woman police personnel present on such occasion.

23. Women can not be called to the police station for interrogation u/s 160 Cr.P.C.. The Police can interrogate a woman at her residence in the presence of a woman Constable and family members or friends.

24. No woman in Police custody shall be lodged even for a single night in a police station except in unavoidable circumstances. a woman prisoner shall be placed forthwith before a Magistrate for remand to judicial custody, except where a remand to police custody is necessary and has been obtained.

25. A woman-prisoner remanded to judicial custody shall be immediately transferred to the jail for detention as an undertrail prisoner.

26. A Police officer making an application for remand to police custody shall be responsible for the taking of necessary measures for the safe and decent custody of the women prisoners.

27. Women attending police investigation as distinct from those under arrest shall on no account be detained in police stations or with the police any longer than is necessary for the record of the information which they are willing to give. In no case shall they remain with the police between sunset and sunrise. If it is necessary, to take a woman- witness about the country side for identification, etc., she shall be accompanied by a responsible male relation or a respectable male and neighbour-[vide Assam Police Manual (Part V) Rule 210-A].

28. Whenever it is necessary to cause a female arrested to be searched, the search shall be made by another female with strict regard to decency- [vide Section 51 (3) Cr.P.C.].

29. Female accused person shall be treated with all due dignity, irrespective of the nature of the crime committed by her.

30. Female accused persons are to be kept in special hazat earmarked for them in the P.S. if there is no separate room available, they are generally accommodated in another suitable room in the P.S.

31. Female prisoners shall be searched at Police Stations by a woman and at courts by a woman approved of by the Magistrate.

32. Female prisoners shall be separated as far as possible from the adult male prisoners. They should be escorted separately accompanied by woman police.

33. Female prisoners should not attend jail parade.

34. Women shall not be handcuffed.

35. When a female person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of her person will afford evidence as to the commission of an offence, it shall be lawful for a female registered medical practitioner, acting at the request of police officer not below the rank of Sub-Inspector, and for any person acting in good faith in her aid and under her direction, to make such an examination of the female person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose – [Vide Section 53 Cr.P.C.].

36. Rape victim may ask for a medical examination to be conducted upon by a female doctor.

37. Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim's identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable.

38. A case of rape can not be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164-A of the Criminal Procedure Code, and only the report can act as proof. "A woman has the right to have a copy of the medical report from the doctor.

39. It is duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committee to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50% women as members. Also, one of the members should be from a women's welfare group.

National Commission for Women

The National Commission for Women Act-1990.

Ministry of Women & Child Development Government of India.

Women & Child Development Department Government of Odisha.

National Policy For The Empowerment Of Women - 2001


SOME OF THE LEGAL PROVISIONS FOR THE PROTECTION OF RIGHTS OF WOMEN.

(1) The Dowry Prohibition Act,1961.

(i) Penalty for giving or taking dowry (Section 3)
(ii) Penalty for demanding dowry (Section 4)
(iii) Ban on advertisement (Section 4A)
(iv) Agreement for giving of taking dowry to be void (Section 5).
(v) Dowry to be for the benefit of the wife or her heirs (Section 6).
(vi) Offences to be cognizable for certain purposes and to be bailable and non-compoundable (Section 8).

(2) The Indian Penal Code, 1860.

(a) Dowry death (Section 304-B)
(b) Husband or relative of husband of a woman subjecting her to cruelty (Section 498-A).
(c) Punishment for rape (Sections, 376, 376A, 376B, 376C &376D).
(d) Disclosure of identity of the victim of rape (Section 228A).
(e) Obscene acts and songs in or near any public place, to the annoyance of others (Section 294).
(f) Assault or criminal force to woman with intent to outrage her modesty (Section 354).
(g) Word, gesture or act intended to insult the modesty of a woman (Section 509).

(3) The Code of Criminal Procedure, 1973 (2 of 1974).

(i) The inquiry into and trial of rape or an offence under section 376, 376A, 376B, 376C or 376D I.P.C. shall be conducted in camera (Section 327 Cr.P.C.)

(4) The Indian Evidence Act, 1872.

(i) Presumption as to abetment of suicide by a married woman (Section 113-A).
(ii) Presumption as to dowry death (Section 113-B).
(iii) Presumption as to absence of consent in certain prosecutions for rape (Section 114-A).

(5) The Immoral Traffic (Prevention) Act, 1956.

(a) Punishment for keeping a brothel or allowing premises to be used as a brothel (Section 3).
(b) Punishment for living on the earnings of prostitution (Section 4).
(c) Procuring, inducing or taking person for the sake of prostitution (Section 5).
(d) Detaining a person in premises where prostitution is carried on (Section 6).
(e) Prostitution in the vicinity of public place (Section 7).
(f) Seducing or soliciting for purpose of prostitution (Section 8)
(g) Seduction of person in custody (Section 9).

(6) The Commission of Sati (Prevention) Act, 1987.

(i) Punishment for attempt to commit Sati (Section 3).
(ii) Punishment for abetment of Sati (Section 4).
(iii) Punishment for glorification of Sati (Section 5).

(7) The Indecent Representation of Women (Prohibition) Act, 1986.

(a) Prohibition of advertisements containing indecent representation of women and penalty therefore (Sections 3 & 6).
(b) Prohibition of publication or sending by post of books, pamphlets, etc. containing indecent representation of women and penalty therefore (Sections 4 & 6).
(c) Offences to be cognizable and bailable (Section 8).

SPECIAL INITIATIVES FOR WOMEN

(i) National Commission for Women

In January 1992, the Government set-up this statutory body with a specific mandate to study and monitor all matters relating to the constitutional and legal safeguards provided for women, review the existing legislation to suggest amendments wherever necessary, etc.

(ii) Reservation for Women in Local Self-Government
The 73rd Constitutional Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats for women in all elected offices in local bodies whether in rural areas or urban areas.

(iii) The National Plan of Action for the Girl Child (1991-2000)
The plan of Action is to ensure survival, protection and development of the girl child with the ultimate objective of building up a better future for the girl child.

(iv) National Policy For The Empowerment Of Women - 2001

The Department of Women & Child Development in the Ministry of Human Resource Development has prepared a "National Policy for the Empowerment of Women" in the year 2001. The goal of this policy is to bring about the advancement, development and empowerment of women.