Marriage, a cornerstone of society, is meant to be a lifelong bond between two families. However, for many women, it can become a daunting experience marred by abuse and hardship. Societal norms often silence women, preventing them from speaking out or taking action against marital abuse due to a lack of awareness about their legal rights. This paper explores the fundamental rights crucial for the self-development and protection of women in India, focusing on rights such as the right to matrimonial home, right to abortion, reporting domestic violations, right to property, and right to seek maintenance and alimony. These laws aim to protect women from injustice and ensure equality, empowering them to assert their rights and protect themselves.
"A married woman has the same right to control her own body as does an unmarried woman." - Sol Wachtler
Marriage in India often entails a woman leaving her parental home, adopting her husband's surname, and moving into her marital home—a space that becomes her own. Traditionally, women were perceived as having rights only within their husband's household, but legal norms have evolved. Today, married women are entitled to rights in both their marital and parental homes. While marriage is traditionally revered in Indian society, the reality for many women can be vastly different, often marked by unforeseen challenges and unhappiness. Marriage imposes legal obligations on husbands and their families to provide protection and maintenance to their wives, who are often primary caregivers and homemakers. However, economic dependency can leave women vulnerable, particularly if support is withdrawn due to marital discord or separation. Despite these challenges, societal changes have empowered women to seek information and support, enabling them to assert their rights effectively.
This paper employs a descriptive and systematic approach to study and review the legal rights of married women in India. Secondary sources such as books, websites, journals, and newspapers provide the basis for this research.
1. Right to a residence in a Marital Home
The concept of a matrimonial home grants a woman the right to reside in her husband's household upon marriage. Even if the property is owned by the husband's parents, she retains the right to live there. Section 17 of the Protection of Women from Domestic Violence Act, 2005 affirms every woman's right to live in a shared household, irrespective of her ownership stake.
2. Property rights
Property rights for women in India vary by religion and community, governed by personal laws. The Hindu Succession Act, 1956, ensures equal inheritance rights for Hindu, Buddhist, Sikh, and Jain women, empowering them to claim their share in marital and parental property. Amendments in the legal framework have abolished discriminatory practices, granting married women rightful ownership and financial security.
3. Right to report domestic violence
Under the Domestic Violence Act, 2005, any woman subjected to domestic violence can seek legal recourse, regardless of her ownership of the shared household. The Act broadens the definition of domestic relationships to include live-in partners, ensuring protection and security for women without proprietary rights.
4. Right to Abortion
The Medical Termination of Pregnancy Act, 1971, allows married women the right to terminate pregnancies under permissible conditions. Women have the legal autonomy to make decisions regarding their bodies, without requiring spousal consent, up to 24 weeks of pregnancy.
5. Right to Divorce
Women can initiate divorce proceedings based on grounds such as cruelty, infidelity, desertion, or emotional abuse under the Hindu Marriage Act, 1955. The provision for mutual consent divorce further empowers women to seek dissolution of marriage amicably.
6. Right to claim maintenance
Section 125 of the CrPC provides immediate relief to wives unable to support themselves financially, enabling them to claim maintenance from their husbands. This provision safeguards women's economic rights during marital disputes or separation, ensuring their sustenance and well-being.
7. Dowry Prohibition and Harassment
The Dowry Prohibition Act, 1961, criminalizes the practice of dowry exchange, protecting women from financial exploitation and harassment in marital homes. Section 498A of the IPC further penalizes acts of cruelty and violence against married women, providing legal recourse against dowry-related abuse.
8. Right to Stree Dhan
Streedhan encompasses all gifts and assets received by a woman during marriage ceremonies or childbirth, constituting her exclusive property. Hindu Succession Act, 1956, and Hindu Marriage Act, 1955, recognize women as absolute owners of Streedhan, ensuring their financial autonomy and security.
9. Right to claim child’s custody
The Hindu Minority and Guardianship Act, 1956, prioritize maternal custody for children below the age of 5 years, ensuring their well-being and emotional stability. Women are granted custody rights, except in cases of illegitimacy, ensuring their role as primary caregivers.
10. Right to live with dignity and self-respect in a loyal relationship
Women have the right to live free from physical or mental abuse, adultery, or neglect. Section 497 of the IPC criminalizes adultery, allowing women to seek divorce on grounds of marital infidelity. Legal provisions uphold women's rights to dignity and fidelity in marriage, promoting healthy relationships.
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