An exclusive interview with Dr. Harita Mehta, Senior Advocate practising before the High Court and Supreme Court. Women’s legal empowerment extends beyond the existence of protective laws. It requires awareness, access to legal assistance and a justice system that responds with dignity and sensitivity. From domestic violence and workplace harassment to financial independence and legal reforms, understanding one’s rights is an essential step towards meaningful equality.
In an exclusive interview, Dr. Harita Mehta, Senior Advocate, High Court and Supreme Court, discusses the legal rights every woman in India should know, common misconceptions surrounding women’s rights, the barriers to seeking legal help and the reforms needed to make justice more accessible.
1. What are the most important legal rights every woman in India should be aware of, and why does legal literacy remain a challenge?
Every woman in India should know that the Constitution guarantees equality before the law, prohibits discrimination on grounds of sex, and protects the right to life and personal liberty. These principles form the foundation of several important legal rights.
Women should be aware of their protection against domestic violence under the Protection of Women from Domestic Violence Act, 2005. This law recognises not only physical abuse but also sexual, verbal, emotional and economic abuse, and provides remedies such as protection orders, residence rights and monetary relief.
At the workplace, the POSH Act, 2013, provides a framework to prevent and address sexual harassment. Women should also understand their rights relating to marriage, maintenance, inheritance, property, maternity protection and access to legal aid.
One particularly important point is that a woman can seek free legal services through the legal services authorities, irrespective of her income, under Section 12(c) of the Legal Services Authorities Act, 1987.
Legal literacy remains a challenge because laws are often written in technical language and awareness does not always reach women in rural areas, informal employment, or financially dependent households. Social conditioning, limited access to reliable information and fear of family or community judgment further widen this gap.
Legal awareness should therefore begin early, through schools, colleges, workplaces, community programmes and local legal aid clinics. A woman should not have to face a legal crisis before she learns what her rights are.
2. What are the common legal misconceptions women have regarding domestic violence, workplace harassment, marriage and financial independence?
One of the most common misconceptions is that domestic violence means only physical assault. In reality, the Protection of Women from Domestic Violence Act, 2005, recognises several forms of abuse, including emotional, verbal, sexual and economic abuse. A woman does not have to wait until violence becomes physical to seek appropriate legal protection.
At the workplace, many women believe that sexual harassment must involve physical contact. That is not correct. Unwelcome conduct of a sexual nature, including certain comments, messages, advances or other behaviour, may fall within the scope of the POSH Act, depending on the facts.
Another misconception is that marriage takes away a woman’s right to make independent decisions. Marriage does not, by itself, extinguish her legal identity, right to property, right to work or right to seek legal remedies. However, the precise rights relating to maintenance, inheritance and matrimonial relief depend on the applicable law and facts.
Women also sometimes believe that financial independence is only an economic issue. It is closely connected to legal awareness, access to documents, banking, property and decision-making. A woman should understand her financial rights and maintain control over her own financial records and assets.
The larger message is that social expectations and legal obligations are not always the same. Women should seek accurate legal advice rather than rely on family traditions, hearsay or assumptions.
3. How can women take legal action when their rights are violated, and what are the first steps they should consider?
The first step is to prioritise personal safety and understand the nature of the violation. A woman should not feel compelled to confront the person responsible if doing so may place her at greater risk.
The next step is to preserve relevant information. This may include messages, emails, medical records, financial documents, photographs, witness details and a written account of events. Such records can help a lawyer or the relevant authority understand the matter.
For domestic violence, a woman may approach the police, a Protection Officer, a service provider or the appropriate court. The law provides remedies including protection orders, residence orders and monetary relief, depending on the circumstances.
For workplace harassment, she may approach the Internal Committee of her organisation, where applicable, or the Local Committee in cases covered by the law. Complaints should be made within the statutory time limits, subject to applicable extensions.
For criminal offences, a woman can approach the police to report the incident and seek registration of an FIR where appropriate. If she faces difficulty, she should seek assistance from a lawyer or legal aid authority.
Women who cannot afford a lawyer can approach the District Legal Services Authority, State Legal Services Authority or NALSA. The national legal aid helpline is 15100.
The important point is that legal action should be informed, timely and appropriate to the facts. A woman should not feel that she must navigate the legal system alone.
4. Despite the availability of laws protecting women, why do many still hesitate to seek legal help, and how can this gap be addressed?
The existence of a law does not automatically translate into access to justice. In my experience as a senior advocate, one significant challenge is the gap between legal rights on paper and a woman’s ability to exercise those rights in practice.
Many women hesitate to seek legal help because of financial dependence, fear of retaliation, social stigma, family pressure and concerns about the impact of legal proceedings on their children or future. Some are also apprehensive about the complexity of courts, the duration of proceedings and the possibility of not being believed.
In several cases, women may not even recognise that the conduct they are experiencing has legal consequences. This is particularly relevant to emotional abuse, economic control and workplace harassment, where the violation may not always be immediately visible.
Addressing this gap requires a multi-layered approach. Legal awareness must be available in regional languages and in formats that women can easily understand. Legal aid services should be accessible beyond court premises, including through community centres, local organisations and digital platforms.
We must also strengthen the implementation of existing laws. A woman should receive clear information about the process, confidentiality, available remedies and expected timelines. Police officers, legal aid providers, employers and judicial stakeholders need regular gender-sensitive training.
Most importantly, society must recognise that seeking legal help is not an act of conflict or disrespect. It is an exercise of a constitutional right. A woman should be able to seek justice without being made to feel guilty for doing so.
5. As a senior advocate practising in the High Court and Supreme Court, what reforms or changes do you believe are essential to make justice more accessible to women?
Making justice accessible to women requires more than the enactment of protective legislation. It requires a legal system that is understandable, responsive and capable of addressing the practical barriers women face.
The first reform I would emphasise is strengthening legal aid. Every woman should know where to obtain reliable legal advice, and legal services authorities should have the resources and outreach necessary to ensure that assistance reaches women who need it.
The second is improving the implementation of existing laws. Whether it is domestic violence, workplace harassment, maintenance or property rights, the effectiveness of legislation depends on timely procedures, trained officials and meaningful enforcement. We should focus not only on introducing new laws but also on ensuring that existing protections work in practice.
Third, we need greater awareness of legal rights at the grassroots level. Legal literacy programmes in schools, colleges, workplaces and rural communities can help women understand their rights before a dispute arises. Information should be available in accessible language.
Technology can also play a meaningful role through online legal aid applications, digital case information and platforms that help women understand where to seek assistance. However, digital solutions must be supported by offline services so that women without reliable internet access are not excluded.
Finally, we need a justice system that treats women with dignity and sensitivity. This includes appropriate infrastructure, privacy where required, protection against intimidation and better coordination between police, legal aid authorities, courts and support services.
As legal professionals, our responsibility is not limited to representing clients in court. We must also contribute to legal awareness and help build confidence in the justice system. When a woman understands her rights and can access the law without fear, the promise of equality becomes more meaningful.
