Eleven legal rights in India that you need to know as an Indian citizen

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New Delhi: Have you ever been in a situation where you were victimized, discriminated against or abused, and you did not act because you were not sure whether or not you could? Well, it’s time to legally empower yourself and understand your rights as an Indian citizen. While most of us Indians know some of our basic legal rights, here are a few that you may not know.

1- The right to file an FIR-

According to the Indian Penal Code, 166 A, A police officer cannot refuse to file an FIR. As an Indian citizen, you have the right to file an FIR for a recognizable offense, and a police officer who refuses to file the FIR is liable to a penalty for committing a crime under section 166A (c) of the Indian Penal Code. The Supreme Court said that in such cases “the police officer will be liable to prosecution and punishment.” How to exercise this right?

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Go to the police station (ideally near the crime scene) and present all the information to the responsible official. In addition, article 154 of the CrPC gives the choice to the informant to provide information orally or in writing.

Note: Guidelines issued by Delhi Police give women the privilege to file a complaint by email or even post if they cannot get to the police station.

What to do when your right is violated?

If the responsible officer concerned refuses to record a first information report on the commission of an offense falling within his territorial jurisdiction by virtue of art. 154 (3) The following actions may be taken – (a) Approach of the superintendent of police: The informant may address any senior police officer or the superintendent of police or the commissioner of police with a written complaint.

If the Superintendent of Police is satisfied that this information reveals the commission of a recognizable offense, then he may investigate the matter himself or order an investigation to be carried out by any police officer under him.

(b) Complaint to the judicial magistrate:

If, even after filing a complaint with senior police officials, no FIR is filed, the informant is legally entitled to file a complaint with the judicial magistrate / metropolitan magistrate u / s 156 (3) read with l Article 190 of the criminal proceedings, thus requesting the FIR to be registered by the police and begin an investigation into the case.

(c) Legal remedy:

A written petition can be filed with the respective High Court to seek damages / compensation if police inaction on the complaint / non-registration of FIR has resulted in frustration / deprivation of life and freedom of all, guaranteed under article 21 of the Constitution of India.

2- The right to request a refund-

The Consumer Protection Act of 1986 guarantees every consumer the right to a full refund if they are not satisfied with their purchase or if the consumer has not been able to use the services for which he had paid.

In fact, it is illegal and an unfair trade practice to print “No Exchange or Refund” on invoices and invoices.

What to do when your right is violated?

In the event that the money is not refunded by the company, you can send legal advice. If the money is still not refunded, file a complaint in the consumer forum for lack of service. You can also file a criminal cheating complaint against defaulters.

3- Right of parents to be maintained by their children – According to article 125 of Cr. PC, parents (biological father or mother, adoptive or stepfather or stepmother, senior or not) have the right to claim alimony from their adult children.

What to do when your right is violated?

Go to court with sufficient proof that your sons / daughters who are able to support you have neglected to do so. A maintenance claim can be made against any person required to pay it.

4- Right to equal pay for equal work –

The Equal Remuneration Act, 1976 is a law that requires equal pay for men and women for equal work performed by them. When two or more people have performed the same work in similar circumstances, they are entitled to equal remuneration.

What to do when your right is violated?

Employees have the right to lodge a complaint with the relevant labor authorities when an employer violates these provisions.

The competent labor authority, after having verified the merits of the case, may open an investigation into this matter and take the appropriate measures.

Note: Employers are required to keep records which should contain details of their employees’ compensation.

5- The rights of a woman when arrested-

In accordance with article 46 of the Code of Criminal Procedure (CrPc), except in exceptional circumstances, no woman can be placed in police custody before sunrise or sunset (after 6 p.m. and before 6 a.m.). And, in no case can a male police officer arrest a woman.

What to do when your right is violated?

If a woman is in a situation where there is a violation of the arrest procedure by the police authority, then she must: (a) Refuse her arrest if the legal procedure is not followed by the authority police making the arrest.

(b) Contact his lawyer to seek legal advice and a remedy.

(c) Remind the arresting police authority of its legal rights.

(d) Complain to the police station (SHO) of the police station where she was arrested.

(e) May lodge a complaint with the Magistrate having local jurisdiction.

6- Right to take legal action if a traffic police officer removes the key to your vehicle.

The Motor Vehicle Act 1988 states that if the traffic police officer snatches the key to the car or motorcycle, you have the right to take legal action against that traffic police officer. .

What to do when your right is violated?

If the policeman takes the keys to your vehicle from you for no reason, take pictures of what is going on and file a complaint against that traffic policeman.

7- Your right under the Police Act, 1861

Under the Police Act 1861, a police officer is always on duty, whether he is wearing a uniform or not. If an officer is approached by the victim, the officer cannot refuse to help because he is not on duty.

8- Entitlement under the Maternity Benefits Act, 1961 According to the Maternity Benefits Act, 1961, no company may dismiss a pregnant woman. It can be punishable by a maximum penalty of 3 years imprisonment. This rule applies to both private and public sector employees.

9- Right against Check Bounce

A bad check is an offense under section 138 of the Negotiable Instruments Act, 1881, punishable by a fine of up to double the amount of the check or imprisonment for not more than two years or both.

What to do when your right is violated?

If you have received a payment by check, which is then bounced, you should immediately contact a lawyer and send a formal notice to the person who is supposed to pay you.

If you don’t receive payment within 15 days of legal notice, you can file criminal charges against the person, and he could go to jail for it.

ten- Right to free legal aid

Under Article 39-A of the Indian Constitution, the government enacted this law to provide free legal aid service to all those who cannot afford to opt for the services of lawyers.

11- Right to Information (Section 19 (1) (a) Under the RTI Act, any Indian citizen can request information from any public authority, and the authority shall revert it no earlier than or within thirty days.

If it is a case involving the life and liberty of an applicant, the information must be provided within 48 hours.

What to do when your right is violated?

Public officials who willfully delay or obstruct a request for information or who willfully provide incorrect or misleading information may be punished under RTI laws.

In a country as diverse and complex as India, it is important to know your legal rights as an Indian citizen. Not knowing these basic legal rights can impact everything from your personal security to your job security.

This story is provided by PNN. ANI will not be responsible for the content of this article in any way.

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