Why every woman should know her legal rights before a crisis arises

Women's awareness of the legal system is often ignored until they need to rely on it. Unfortunately for most women, by the time they need to depend upon the legal system, whether it's due to domestic violence, workplace sexual harassment, disputes over property, harassment via social media, or abandonment of financial responsibilities, the lack of awareness around their legal rights can create additional problems.

The women I interviewed, in relation to their experiences, have demonstrated a consistent theme of not knowing where to get help, what legal protections existed, or how quickly they needed to act during the crisis. The crisis itself was difficult, but the uncertainty about their legal rights made the experience much more overwhelming.

Legal issues are generally thought to be an area that pertains only to attorneys and court systems. Similar to the need to obtain a basic understanding of your finances and medical insurance before experiencing any type of emergency, familiarity with the legal system will give individuals references for clarity and protection when an unexpected event happens in life.

The need for legal literacy as an additional burden

Women's needs for legal literacy are substantiated by national data signifying that there are 4.4 lakh registered instances of crime against women in the country of India, with an estimated average of 1,200 new incidents reported on a daily basis throughout 2022. Such incidents include domestic violence and cruelty, and include offences that involve assault, kidnapping and cyber-related incidents.

Although there have been improvements in how individuals report their crimes over time, many incidents are never reported to the authorities due to fear, stigma, and a lack of knowledge of available remedies under the law. In many cases, women do not even know if the crime that they are experiencing is categorised as being a violation of the law.

Abuse is not always something you can see

Raising awareness about domestic violence is one of the areas that has the potential to make the biggest difference. Many women still think that legal intervention only applies to violence by law.

The Protection of Women from Domestic Violence Act 2005 states that there are various forms of abuse that women may be exposed to, including - but not limited to - physical, emotional, verbal, sexual and economic. If a woman experiences financial control, repeated threats, emotional abuse or psychological abuse, she could receive legal protection/recourse under this law.

The workplace is not always a safe place

Many employees, who have a right to use their workplace rights, are never able to utilise those rights; this is largely due to a lack of knowledge regarding the mechanisms available for them to do so. Under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 (“POSH Act”), all employers are required to establish an Internal Committee to handle complaints made against them.

However, despite this, studies and surveys indicate that women consistently choose not to report incidents for fear of retaliation, negative impact on their professional reputation or lack of belief in the fairness of the mechanism. Knowing the law also gives you the ability to seek help and take action.

When the screen becomes the suspect

As per figures from the NCRB, the incidence of cybercrime in India is rising rapidly, as are the numbers of women being attacked on Facebook and WhatsApp. Having the knowledge of how to maintain evidence of an incident, how to report an incident, how to seek legal redress, etc., can often lead to better outcomes. In the digital age, awareness of the law should not only be limited to physical environments.

Women's unclaimed rights

Many women have no knowledge of their rights under both India’s laws and religious customs regarding property and money. Even after the enactment of the Hindu Succession (Amendment) Act, 2005, which guarantees both sons and daughters the same right to inherit property from their parents, many daughters still do not assert their rights due to cultural and social pressures as well as a lack of information.

Legal education can empower women

Legal knowledge can provide women with more than just a way to respond to an immediate crisis. Legal education can also help women anticipate crises, recognise warning signs of abuse, keep records of abusive incidents, get help in a timely manner, and be prepared to act to prevent such situations from happening again.

Know your rights—before you need them

Understanding your rights does not indicate that you are preparing for a specific conflict; rather, it indicates that you are preparing for uncertainty. Just because you carry health insurance does not mean you expect to be ill, and just because you understand the legal protections available to you does not mean that you expect to be in trouble. Much of the discussion surrounding the empowerment of women focuses on education, employment, entrepreneurship, etc.

While all of these are very important in empowering women, legal literacy should be given consideration equal to these other forms of empowerment. A woman who understands her rights will be in a better position to protect herself, provide for her family, and face challenges with confidence.

Crisis will not ask for a warning—we are usually caught by surprise when a crisis occurs, and the decisions we have to make are often time-sensitive. In a time of crisis, awareness becomes more valuable than information; it will shield one from harm from an abuser. A woman will likely never use every one of her legal rights, but knowing her rights before a crisis can make the difference in the outcome.

(Sana Raees Khan is the founder of SRK Legal and a Supreme Court lawyer.)