🇮🇳 Your rights in India

Equal pay

Indian law requires employers not to discriminate on the basis of gender in pay for the same work or work of a similar nature. This principle was set out in the Equal Remuneration Act, 1976, and is now part of the Code on Wages, 2019 under the new labour codes.

• Employers must not discriminate on the basis of gender when recruiting or setting conditions of employment for the same or similar work.
• Minimum wage rules apply to most employment.

If you think you are paid less because you are a woman, you can raise it in writing with your employer, contact your union, or approach the labour authorities in your state. A lawyer or legal services authority can help you understand the deadlines and procedures.

Harassment at work

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (often called the POSH Act) requires employers with 10 or more employees to set up an Internal Committee to hear complaints of sexual harassment.

• Where there is no Internal Committee, or the complaint is against the employer, a Local Committee set up by the district officer hears complaints.
• Complaints should usually be made in writing within three months of the incident, although this can be extended in some cases.
• The Act covers many workplaces, including domestic workers.
• You must not be victimised for complaining.

Keep a record of incidents, witnesses, messages and emails. Some acts of sexual harassment are also crimes under the Bharatiya Nyaya Sanhita, which replaced the Indian Penal Code in 2024.

Pregnancy and maternity

The Maternity Benefit Act, 1961, whose provisions are being brought into the Code on Social Security, 2020, gives eligible women the right to paid maternity leave.

• An employer must not dismiss you or change your conditions to your disadvantage because of your pregnancy or while you are on maternity leave.
• Eligible women in many establishments must be given creche facilities and nursing breaks.
• Women who adopt or have a child through surrogacy also have some rights to leave.
• Employees covered by the Employees' State Insurance scheme may receive maternity benefit through it.

Eligibility depends on factors such as the type of establishment and how long you have worked. Government employees have separate rules. Tell your employer in writing about your pregnancy and your planned leave.

Flexible work

India has no general legal right to flexible or remote working for private-sector employees. Arrangements usually depend on your contract, company policy or agreement with your employer.

• Under the maternity benefit rules, an employer may allow a woman to work from home after maternity leave, if the nature of the work allows, on mutually agreed terms.
• Rules on working hours, night shifts and overtime are set under labour law and by state governments, and women may have specific safeguards when working at night.

If you want flexible hours or remote work, make a written request explaining how the arrangement would work and how your responsibilities would be met. Keep a copy of the request and the employer's reply.

Protection from domestic abuse

The Protection of Women from Domestic Violence Act, 2005 protects women from physical, sexual, verbal, emotional and economic abuse by a husband, partner or family members they live with or have lived with.

A Magistrate can order:

• Protection orders forbidding the abuser from committing violence or contacting you.
• Residence orders, protecting your right to live in the shared household.
• Monetary relief, custody orders and compensation.

You can apply through a Protection Officer, a registered service provider or directly to a Magistrate. Cruelty by a husband or his relatives is also a crime. The Women Helpline 181 and the National Commission for Women can help. In an emergency, call 112.

Separation and divorce

In India, marriage and divorce are governed largely by personal laws that depend on your religion, such as the Hindu Marriage Act, 1955, as well as the Special Marriage Act, 1954 for civil and inter-faith marriages.

• Most laws allow divorce by mutual consent after a period of separation, as well as contested divorce on specific grounds, such as cruelty or desertion.
• Wives, children and parents who cannot maintain themselves can claim maintenance under criminal procedure law, regardless of religion, as well as under personal laws.
• Custody decisions are guided by the welfare of the child.

Family courts handle most of these cases and often encourage mediation. Keep copies of your marriage certificate, financial records and any evidence of abuse if it is safe to do so.

Legal aid and free legal help

Under the Legal Services Authorities Act, 1987, all women are entitled to free legal services, regardless of income. This includes advice, help with drafting documents and representation in court.

• Free legal aid is provided through legal services authorities at national, state, district and taluk level, and legal services committees in the High Courts and the Supreme Court.
• You can apply at the legal services authority office at your district court, or contact NALSA's helpline.
• Lok Adalats (people's courts) help settle some disputes quickly and without court fees.

The National Commission for Women, State Commissions for Women and many NGOs also help women with complaints and refer them to lawyers.