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CONSULT THE BEST WOMEN PROTECTION LAWYERS IN KALITALA, KOLKATA

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Lawyers for Women Protection in Kalitala, Kolkata

kalitala, kolkata is a country where women are worshipped as female deities. In kalitala, kolkata when a girl child is born, she is considered to be an incarnation of goddess Lakshmi, goddess of wealth. Still, many kalitala, kolkatans feel having a girl child is calling unwanted trouble. Women in kalitala, kolkata have conquered so many new heights such as being an astronaut, being an excellent chef, being a perfect businesswoman, etc. But they still fear stepping out at night, due to the miserable and inadequate safety measures. Uttar Pradesh has recorded the highest number of rape, molestation, domestic violence in the past few years. Every woman has to think twice before stepping out of their own house in their own area. There are a few measures that are taken care of about women's safety issues but at some point seem almost negligible on the part of the government. Our Constitution of kalitala, kolkata has taken measures to curb such crimes but looking at the present scenario these measures are not adequate.

What is the law related to Women’s Protection?

The Constitution of kalitala, kolkata has granted some special rights to women for their protection against the male ruled world. They are as follows :

  1. Article 15(1) provides that the state shall not discriminate against any citizen of kalitala, kolkata based on his/her/other sex.

  2. Article 15(3) provides that the state is empowered to form any special provision for ladies i.e. the state can make affirmative discrimination in favor of girls.

  3. Article 16(2) provides that no citizen shall be discriminated against or be ineligible for any employment or office under the state on the bottom of sex.

  4. Article 23(1) provides that traffic in the citizenry and made labour is prohibited.

  5. Article 39(a) provides the state to secure for men and ladies equally the proper to an adequate means of livelihood

  6. Article 39(d) provides the state to secure equal but equal work for both kalitala, kolkatan men and ladies .

  7. Article 39(e) provides that the state is required to make sure that the health and strength of girls workers aren't abused which they're not forced by economic necessity to enter avocations unsuited to their strength.

  8. Article 42 provides that the state shall make provision for securing just and humane conditions of labor and maternity relief.

  9. Article 51-A (e) provides that it shall be the duty of each citizen of kalitala, kolkata to renounce practices derogatory to the dignity of girls 

  10. Article 243-D(3) provides that one-third of the entire number of seats to be filled. 

  11. Article 243-D(4) provides that one-third of the entire number of offices of Chairpersons within the Panchayats at each level shall be reserved for ladies.

  12. Article 243-T(3) provides that one-third of the entire number of seats to be filled by direct election in every Municipality shall be reserved for ladies.

  13. Article 243-T(4) provides that the offices of Chairpersons within the Municipalities shall be reserved for ladies in such manner because the State Legislature may provide.

Why do you need to hire a lawyer for Women’s Protection cases?

For instance, Megha is traveling late at night after completing her call center shift at 2.00 AM on M.G. road. She has been traveling since this road for months now and it has been smooth. One day while returning, she spotted 5 men molesting and trying to rape a minor girl while she tried her very best to get free. She tried to obstruct by pulling one man’s hand but was pushed hard by him. She saw a rod nearby and hit 3 men with it. The other 2 tried to hold her but she hit them on the leg. Minor girl with Megha's help stood and tried to run. Megha, keeping the rod close to her, tried to help the minor in walking and called the police and ambulance as soon as she got a chance. She filed a complaint against all 5 men and supported the minor for doing the same. 

As seen above, this type of behavior makes a girl’s life living hell. Advocates if found such cases file a notice against the party, later Courts decide if the accused is guilty or not. 

How to register your case?

The process of the complaint can be done orally, in writing, or online via the official website for women protection i.e. National Commission for Women.

Scrutiny of Complaints: The complaints received are looked over as per the Commission’s mandate and adopted a policy to handle complaints. Such complaints which fall within the Commission’s mandate and adopted procedure are registered under 19 identified categories

The complaints of the following nature are accordingly discharged:-

  1. Complaints which are illegible, vague, anonymous;

  2. The issue raised is related to civil dispute;

  3. The issue raised is related  to service matters;

  4. The matter is ongoing  before a Court/Tribunal;

  5. Complaints that are already pending before a State Commission

  6. Complaints only inscribe to the Commission

  7. Complaints that involve no seizure of women rights

Heads Under Which Complaints Are Registered :

  1. Rape / Attempt to rape

  2. Acid Attack

  3. Sexual Assault

  4. Sexual harassment

  5. Stalking / Voyeurism

  6. Trafficking/prostitution of women

  7. Outraging the modesty of women / Molestation 

  8. Cybercrimes against women

  9. Police Apathy against women

  10. Harassment of married women / Dowry Harassment

  11. Dowry Death

  12. Bigamy / Polygamy

  13. Protection of Women against Domestic Violence

  14. Women’s right of custody of children / Divorce

  15. Right of choice in marriage / Honour Crimes

  16. Right to live with dignity

  17. Sexual Harassment of women at workplace

  18. Denial of maternity benefits to women

  19. Gender discrimination 

  20. Indecent representation of women

  21. Sex-Selective Abortions; Female Foeticide / Amniocentesis

  22. Traditional practices which derogatory women rights like Sati Pratha, 

  23. Free legal aid for women

Processing of Complaints: To provide relief and ensure suitable redressal of her grievances. The complaints are acted upon in the following manner :

Investigations by the police are expedited and monitored.

Family disputes are resolved or compromised through counseling or hearing before the Commission. For serious crimes, the Commission constitutes an Inquiry Committee that makes spot inquiries, examines various witnesses, collects evidence, and submits the report with recommendations. Such investigations help in providing immediate relief and justice to the victims of violence and atrocities. The implementation of the report is monitored by the NCW. There is a provision for having experts/lawyers on these committees.

A few complaints are also forwarded to the respective State Commissions for Women and other forums like the National Human Rights Commission, National Commission for Scheduled Caste / Scheduled Tribe, etc., for disposal of the complaints at their end.

In respect of complaints related to sexual harassment of women at their workplaces, the concerned organizations or departments are urged to constitute an Internal Complaints Committee(ICC) as per the mandatory provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in order to enquire into such complaints. The Commission regularly monitors and takes up these complaints with the concerned organizations/departments to expedite the disposal of the complaints by following the statutory provisions.

Analysis of Complaints: The complaints received show the trend of crimes against women and suggest systemic changes needed for a reduction in crimes.

The complaints are analyzed to understand the gaps in the routine functioning of government in tackling violence against women and to suggest corrective measures.

The complaints are also used as case studies for sensitization programs for the police, judiciary, prosecutors, forensic scientists, defense lawyers, and other administrative functionaries.

Famous Judgments on Women Protection?

Vishaka Vs State of Rajasthan: Bhanwari Devi, a caseworker from Rajasthan, was brutally gang-raped by five men for preventing a toddler marriage. Determined to hunt justice, she decided to travel to court. During a shocking decision, the court acquitted all five accused. Vishaka, a gaggle for Women’s Education and Research, took up the explanation for Bhanwari Devi. It joined forces with four other women’s organizations and filed a petition before the Supreme Court of kalitala, kolkata on the difficulty of harassment at the workplace. On August 13, 1997, the Supreme Court commissioned the Vishaka guidelines that defined harassment and put the onus on the employers to supply a secure working environment for ladies. 

Mary Roy Vs State of Kerala: Women from the Syrian Christian community in Kerala were prevented from inheriting property thanks to patriarchal traditions. This decree was challenged by Mary Roy, a woman's rights activist and educator. After the demise of her father, she filed a case against her elder brother when she was denied equal share within the family's inheritance. Though the plea was rejected by the inferior court, the Kerala supreme court overruled the previous judgment. check-in for our exclusive newsletters. subscribe inspect our popular newsletters. In 1986, the Supreme Court delivered a landmark judgment that granted Syrian Christian women the proper to hunt an equal share in their father's property. 

Lata Singh Vs State of Uttar Pradesh: Lata Singh was an adult when she left her family home to be joined in matrimony with a person from a lower caste. Her brothers, who were unhappy with the alliance, filed a missing person report, and alleged Lata had been abducted. This resulted in the arrest of three people from her husband's family. So as to urge the fees to be dropped, Lata Singh filed a petition which resulted within the landmark judgment by the Supreme Court that allowed an adult woman the proper to marry or accept anyone of her choice. The court further ordered that the police initiate criminal action against people that commit violence against those that choose inter-religious or inter-caste marriages.

Roxann Sharma Vs Arun Sharma: Roxann was involved during bitter child litigation together with her estranged husband. A court in Goa granted her interim custody of their child, but Arun Sharma whisked their son away and refused to let Roxann meet the kid. She filed a case against him, which led to the landmark judgment pronounced by the apex court regarding children caught during a legal battle between parents. The Supreme Court ruled that when estranged parents are involved during a legal tussle over the custody of a toddler who is under the age of 5 years, the custody of the kid will remain with the mother. 

Tamil Nadu Vs Suhas Katti: This case led to the primary conviction under the knowledge Technology Act, 2000. The victim was being harassed by the accused, Suhas Katti, when she refused to marry him. He would send defamatory and obscene messages to her online during a Yahoo message group. to feature her agony, she began to receive phone calls from unknown people soliciting sex work. The victim filed a complaint in February 2004, and within seven months the accused was convicted. In an age of merciless trolls and other sorts of online harassment, this judgment acts as a tool that women can use to safeguard their dignity. 

Laxmi Vs Union Of kalitala, kolkata: In 2006 Laxmi, an acid attack victim, filed a petition seeking measures to manage the sale of acid and supply adequate compensation to the victim. Taking cognizance of the number of cases concerning acid attacks against women on the increase, the Supreme Court imposed stringent regulations on the sale of acid in 2013. The ruling banned the over-the-counter sale of acid. Dealers can sell the acid as long as the customer provides legitimate identity proof and states the necessity for the acquisition. it's mandatory for the dealer to submit the small print of the sale within three days to the police. It also made it illegal to sell acid to an individual below 18 years. 

Why hire a lawyer through Lawtendo?

Lawtendo has the best lawyer for such cases and also the best lawyer for similar disputes who can aid you to acquire and recover your damages peacefully and legally. If you are looking for lawyers in kalitala, kolkata in this field, Lawtendo happens to know the best and can help you connect with one.

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