2- Women cannot be arrested between sunset and sunrise -
As per Supreme Court guidelines, no woman can be detained in the police station under any pretext after sunset and before sunrise, without special permission from the magistrate. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate why the arrest is necessary during the night.
3- Kissing or hugging in public is not a crime-
Under Section 294 of the Indian Penal Code, it is clearly written that “obscenity” in public is a crime, but there’s no hint towards kissing and hugging.
4-Pregnant woman must be given 12 weeks of maternity leave by their employer -
The Maternity Benefit (Amendment) Act 2016, passed by the Rajya Sabha in August 2016, has also been passed by the Lok Sabha in March 2017.
-Under the new Law, maternity leave is raised from current 12 weeks to 26 weeks. The prenatal leave is also extended from six to eight weeks. However, a woman with already two or more children is entitled to 12 weeks’ maternity leave. The prenatal leave in this case remains six weeks.
The Act also provides for adoption leave of 12 weeks for a woman who adopts a child under the age of three months. A commissioning mother is also entitled to a 12-week leave from the date the child is handed over to her. A commissioning mother is defined as “biological mother who uses her egg to create an embryo implanted in any other woman” (the woman who gives birth to the child is called host or surrogate mother).
Female civil servants are entitled to maternity leave for a period of 180 days for their first two live born children.
Earlier, once a daughter was married, she ceased to be part of her father's HUF. Many saw this as curtailing women's property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.
However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.
The concept of a 'Zero FIR' means that an FIR can be filed at any police station irrespective of its jurisdiction to receive complaint. Even if you are far off from the place of incident and may not be sure of the correct jurisdiction, the Station House Officer of a police station is under legal obligation to lodge your FIR. A Zero FIR can be filed at any police station, irrespective of place of incident or jurisdiction, and it can be later transferred to the right police station.
A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can't decide on this.
Voyeurism to spy on someone doing things that they would normally do in private, and away from the gaze of the public. These include changing clothes, having a bath, using the toilet. Section 354C of the Indian Penal code defines voyeurism as follows: “Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed.
It defines private acts as “where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.” It also recognizes that the victim may consent to capturing such acts for not for their dissemination to others, and penalizes abuse of such material.
If, for some reason, a woman can't go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.
According to a Court ruling, whenever a rape is reported, the Station House Officer has to bring this to the notice of the State Legal Services Authority. The legal body then arranges for a lawyer for the victim. More often than not, survivors go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR.
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