Law – The Organic Rules !!

Woman Can Be ‘Karta‘ Of A Family: Delhi High Court gave this landmark judgement. Every time someone mentions ‘karta’ in the context of an Indian family, you immediately think of a male member. That just changed !!!

The Delhi high court has ruled that the eldest female member of a family can be its “Karta”. “Karta” is usually used to describe the main family member. The Karta occupies a position superior to that of other members and has full authority to manage property, rituals or other crucial affairs of the family. However, women can also be that superior member in the family, said the court order.

This recent judgment made me write this post out of sheer interest to share something so that the I could contribute in the form of spreading awareness about certain basic rights that women should know which they are entitled to!!

Way back I have read this book called  “Law in the Changing Society “ which talked about the organic nature of law.  As the time moves along with this changing economic and social structure and the changes in the political powerhouse in the international arena, I have realized that rights and opportunities however have been provided for all of us in our Constitution are also gaining prominence but unless we are aware of it… nothing will work !!!

Women have taken the centre stage by gradually moving into the workforce and getting career-oriented. However, mental, physical and sexual harassment, misogyny and gender inequality continue to be a way of life for most of them. 

It is only women’s awareness of the legal rights, that can bring some significant changes!! Some of the basic rights are as follows-

1. Right to equal pay – Under the provisions of Equal Remuneration Act, one cannot be discriminated on the basis of sex when it comes to salary or wages.

2. Right against harassment at with place- The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to file a complaint against sexual harassment. It’s your right, there are people who will support you.. so please don’t feel left all alone and come forward !!!!

3. Right to anonymity- Victims of  sexual assault have a right to anonymity only to ensure that her privacy is protected and at the same time she may record her statement alone before the district magistrate when the case is under trial, or in the presence of a female police officer. However,  I believe that society should be clear that the dignity is not restricted to body parts…

4. Right to maternity benefit- Maternity benefits are not merely a privilege of the working woman, they are a right under the The Maternity Benefit Act ensures that the new mother does not suffer any loss of earnings following a period of twelve weeks after her delivery, allowing her to rejoin the workforce.(Air India case)

5. Right against domestic violence- The act primarily looks to protect a wife, a female live-in partner or a woman living in a household like a mother or a sister from domestic violence at the hands of a husband, male live-in partner or relatives. She or anybody on her behalf, can file a complaint.

6. Right against female foeticide– It is a duty imposed on every citizen of India to allow a woman to experience the most basic of all rights ­— the right to life under article 21 … This life does mean a dignified life..The Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) ensures her right against female foeticide. However, it is still practices in areas in India and among educated families…. Which is a great failure of our education system which that is devoid of values!!!

7. Right to free legal aid- All female rape victims have the right to free legal aid, under the Legal Services Authorities Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority, who arranges for the lawyer.

8. Right not to be arrested at night- A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the orders of a first class magistrate.

9. Right to dignity and decency- In the event that an accused is a woman, any medical examination procedure on her must be performed by or in the presence of another woman.

10. Right tho property- The Hindu Succession Act allows women and men equal share in inheritance, thereby setting new rules and regulations.

I know that many of these are not even properly implemented but the idea behind this post is to spread awareness about the rights that is present and this is just the preliminary action !!!

Loads of love and respect…
Beparvah !!!

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6 thoughts on “Law – The Organic Rules !!

Add yours

    1. Absolutely true….. Things will change in bits n pieces….. But it’s okay if this progressive movement continues…. Women should get their dues in all circumstances !!!!
      Thank you 🙂

      Liked by 1 person

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