Legally speaking...

Studies suggest that nearly 30% of married Indian women are victims of domestic abuse, and what most of them don’t realise is that domestic violence isn’t just physical; it also includes mental, financial, and sexual abuse. Manasi Chaudhari offers some tips on how to navigate a difficult situation

Believe it or not, India has strong laws protecting women. I know it might sound surprising, given the high rates of crime and abuse against women in the country. However, the problem doesn’t lie in the lack of legal frameworks, but rather in their ineffective execution and the widespread lack of awareness about these laws.

Even educated, urban women are often unaware of their legal rights. The blame isn’t on them, though; it lies within a legal system that’s overly complex, filled with jargon, and difficult to navigate. Add to this the scarcity of reliable information sources and the prevalence of half-baked knowledge, and you’ve got a recipe for legal disaster. Let’s walk through some basic legal rights every woman in India should know, no matter her age, status, or background.

Let’s start with what I believe is truly an epidemic in India: domestic violence. Studies suggest that nearly 30% of married Indian women are victims of domestic abuse. However, the actual number is likely much higher, as many cases go unreported. What most women don’t realise is that domestic violence isn’t just physical; it also includes mental, financial, and sexual abuse (as defined under the Domestic Violence Act, 2005).

Mental abuse refers to insults, humiliation, demands for a male child, or any behaviour that negatively impacts a woman’s mental health.

Financial abuse means withholding financial support, particularly if the woman is dependent on her husband or family for basic needs.

Sexual abuse involves forcing a woman into sexual activity against her will.

What many women also don’t know is that the law protects them from domestic violence, not just from their husbands or in-laws, but also from their own family members, as long as they share the same residence.

So, what should a woman do if she becomes a victim of domestic abuse?

Gather evidence: Whether it’s photos, voice recordings, medical reports, or even eyewitness accounts, any evidence you can collect will be crucial.

Seek support: Fighting abuse is never easy, and you shouldn’t have to do it alone. Reach out to your support system — whether it’s family, friends, or mental health professionals.

File a police complaint: If you decide to leave the situation, file a complaint at your nearest police station. Filing a complaint officially kicks off the legal process. You can choose whether to pursue it further in court or simply issue a stern warning to the abuser.

Remember, no one has the right to abuse you — physically, mentally, financially, or sexually. Stand firm in knowing your worth.

Another crucial law, though not as widely known, is the right to equal pay for equal work under the Code on Wages, 2019. Thanks to movements like #MeToo, women are becoming more aware of their rights against sexual harassment at work, which is covered under the POSH Act (Prevention of Sexual Harassment at the Workplace). However, pay disparity continues to be a real issue, with women often earning less than their male counterparts for the same job. Even in the entertainment industry, actresses have been speaking out about the gender pay gap.

If you’re facing this at work, here’s what you can do:

Ask for a raise: Start by asking for a salary matching your male colleagues’ pay in the same role. Having salary slips to show the disparity will strengthen your case.

Escalate the issue: If the matter is unresolved, you can take it to the labour courts. A word of caution: legal proceedings can be slow, but most employers prefer to settle disputes outside of court to avoid bad publicity.

The key is to know your worth and fight for it, especially in the face of gender-based pay inequality.

The third area where women must be aware of their rights is cyberbullying. Online harassment is on the rise, and with everyone being active on the internet, it’s something we all need to be cautious of. Common forms of cyberbullying include trolling, creating fake profiles, cyberstalking, and sextortion (blackmailing the victim with threats to leak private sexual content).

Here’s what to do if you face cyberbullying:

Don’t engage or give in: Stay calm and don’t let the harasser win. Screenshot and record all interactions.

Block the harasser: If it’s trolling, block them across all platforms.

File a police complaint: For serious cases, especially sextortion, report the incident to the cybercrime police (if your city has one) or your local police station.

The good news is that the police have the power, under the Information Technology Act and the Bharatiya Nyaya Sanhita, to trace the harasser’s IP address, seize their devices, and take appropriate action — whether that means a legal charge or detaining them.

There are a multitude of laws in India protecting women from crime and abuse. The issue isn’t the lack of strong legal frameworks, but rather their poor implementation. If women become aware of their rights and take timely action, we can prevent many problems from escalating. 

When women start demanding their legal rights consistently, the authorities and legal system will have no choice but to take notice. They’ll be forced to respect and uphold these rights.

Empowerment starts with knowledge, and knowledge leads to action. Once we understand our rights, we can defend them. Empower yourself by becoming aware of the laws that protect you!

(Manasi Chaudhari recently published Legally Yours with HarperCollins India.)