Rights of Women in India – Constitutional and Legal Framework 2026

Constitutional Rights of Women

The Constitution of India guarantees equality to women under Article 14 (right to equality), Article 15(3) (affirmative action for women), Article 16 (equality of opportunity in employment), Article 39A (equal justice and free legal aid), Article 39(d) (equal pay for equal work), Article 42 (humane conditions of work and maternity relief), and Article 51A(e) (fundamental duty to renounce practices derogatory to women).

These constitutional provisions form the foundation for all women-specific legislation in India.

Criminal Laws Protecting Women

• Section 63-71 BNS: Rape and sexual assault (severe punishments including life imprisonment)
• Section 72 BNS: Marital rape (exception for wives above 15 years)
• Section 84 BNS: Dowry death (punishment up to life imprisonment)
• Section 85 BNS: Cruelty by husband or relatives (up to 3 years imprisonment)
• Section 79 BNS: Acid attack (up to 10 years imprisonment)
• Section 74 BNS: Sexual harassment (up to 3 years imprisonment)
• Section 75 BNS: Stalking (up to 3 years imprisonment)
• Section 78 BNS: Voyeurism (up to 3 years imprisonment)
• Indecent Representation of Women (Prohibition) Act, 1986
• Immoral Traffic (Prevention) Act, 1956

Workplace Rights of Women

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) requires every organization with 10+ employees to constitute an Internal Complaints Committee (ICC) to handle sexual harassment complaints. Employers must organize regular awareness programs and ensure a safe working environment.

The Maternity Benefit Act, 1961 provides 26 weeks of paid maternity leave, 12 weeks for surrogacy/commissioning mothers, and crèche facilities for establishments with 50+ employees. The Equal Remuneration Act, 1976 mandates equal pay for equal work.

Property Rights of Women

Under the Hindu Succession (Amendment) Act, 2005, daughters have equal coparcenary rights in ancestral property and can demand partition like sons. Married daughters have the same rights as unmarried daughters. Under the Muslim Personal Law (Shariat) Application Act, 1937, Muslim women are entitled to inherit property as per Islamic law.

The Indian Succession Act, 1925 governs inheritance for Christians, Parsis, and others.

Marriage and Family Rights

• Right to maintenance under Section 144 BNSS (CrPC Section 125) for wives unable to maintain themselves
• Right to matrimonial relief under Section 24 of Hindu Marriage Act (interim maintenance)
• Right to residence in the matrimonial home under the Domestic Violence Act
• Right to alimony and settlement in divorce proceedings
• Right to custody of children based on best interest principle

Protection Against Domestic Violence

The Protection of Women from Domestic Violence Act, 2005 provides comprehensive protection to women facing physical, emotional, sexual, verbal, and economic abuse. The Act allows women to seek protection orders, residence orders (right to stay in the shared household), monetary relief, and custody orders.

Complaints can be filed before the Protection Officer, police, or directly before the Magistrate.

Sexual Harassment Laws

The POSH Act, 2013 defines sexual harassment as unwelcome physical contact, advances, demands, sexually colored remarks, pornography, and other unwelcome conduct of a sexual nature. Complaints can be filed with the ICC within 3 months of the incident.

For street harassment (eve-teasing), Section 74 BNS applies. For cyber harassment, the Information Technology Act, 2000 provides remedies.

Legal Remedies and Where to Seek Help

• Police complaint at the nearest police station (dial 100 or 1090 for Women's Helpline)
• Domestic Violence complaint before the Magistrate or Protection Officer
• Complaint under POSH Act before Internal Complaints Committee
• FIR under BNS for criminal offences
• Protection order under Domestic Violence Act from the Magistrate
• Complaint to National Commission for Women (ncw.nic.in)
• Free legal aid from District Legal Services Authority (DLSA)

Frequently Asked Questions