Synopsis: Most people are unaware of their legal rights which are present in the system, for the benefit of the public, and therefore, it contributes to the violation of this rights.
The Indian legal system gives a lot of rights to the people residing in the country. Not everybody, unfortunately, is aware of this rights. Being an Indian citizen, it is very important that you are aware of the laws and rights that exist within the nation. In addition to fundamental laws and rights, there are some essential rights that everybody must know:
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To file an F.I.R.
Anyone who is the victim or witness of an incident can file an F.I.R. but the such can only be filed in cases of cognizable offences. Such cognizable offences include cases such as homicide, robbery, assaults involving abuse, theft etc. If any police officer denies filing the F.I.R for the cognizable offence, the victim can go directly to the Superintendent of Police and submit an application for the same. If the Superintendent of Police himself does not take any action, the victim can go to the judge who can pass the order for the case to be investigated.
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You are entitled for 40 lakh protection when your cylinder bursts
In case of loss of life or property damage due to cylinder explosions, all registered LPG customers are entitled to a cover of Rs 40 Lakh, as required by law. Such protection is for the whole family.
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Only female officers will arrest a woman
Only female officers can arrest women, and for the entire time, they must be present at the police station. A woman have the right not to go to the station if only male police have arrived to arrest her. Male police officers should have a written permit from the judge to accompany the lady in case of a serious criminal offence. However, a woman cannot be arrested after the sunset and they have the right to refuse to go to the police station between 6 PM to 6 AM.
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In hotels, you can request water and use the washroom for free
A person is allowed to ask for free water at any hotel, as permitted by law. You can use a hotel’s restroom for free, even though you’re not a customer.
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Live-in relationships are not illegal
Live-in relationships in India are not illegal, as long as they are both adults. Even children born from living-in relationships are entitled to the property of their parents.
6. Arbitration Clause
The arbitration clause in any agreement provides the parties with the option to select an impartial arbitrator without having to go to court to settle the conflicts. This rule, however, closes the court doors for good, and thus also means that you will not be allowed to make use of the three-tier appeal process. In a few cases, an appeal will be taken in litigation and an arbitral ruling is binding on the parties as is a judicial judgement.
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Women can file a complaint by e-mail
If women are unable to go to police station to file complaints, they can register a complaint by email or by post.
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Police can arrest you for drunken driving
While driving if a driver has more than 30 mg alcohol per 100ml in his/her body, the police can arrest him/her without a warrant.
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Free Legal Aid Service
The government has enacted the Legal Services Authority Act, 1987, in compliance with Article 39-A of the Indian Constitution, to offer free legal assistance service to all persons who can not afford to pay for the attorney. An application must be submitted with the legal services authority with the request for an attorney who would in turn be provided an counsel free of cost, for that reason.
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Arrest and Search
A police officer must bring a warrant with them for inspection and search of a person’s property. No police officer may access a person’s house or property, without getting the appropriate warrant, according to the law. But as long as arrest is concerned with the cognizable offences, there is no need for a warrant.
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A pregnant woman cannot be asked to leave the job
For any cause, no employer will fire a pregnant woman off of the job. Firing a pregnant women from work is punishable by fine and up to 3 months in prison.
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To produce before the magistrate in 24 hours
In the case of a person being convicted in a cognizable offence by a police officer, the same person must be brought before the magistrate within 24 hours. If there is some inability to do the same, the person will be released regardless of what his/her offence was.
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Right to privacy of a rape victim
Specified under section 164 of the Code of Criminal Procedure, 1973, a victim of rape can privately give her statement to the District Magistrate. She is not required to give the statement in the third party’s presence.
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Duty of a police officer
A police officer is still on duty whether or not he/she is wearing a uniform or not. When a person files a report to the police, he/she can not say that he/she will not be able to assist the victim because he/she is not in duty.
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Cheque Bounce
If you have received payment from a cheque that bounces later, you can contact an attorney immediately and send the individual who is supposed to pay you, a legal notice. You can file criminal charges against the offender if you do not receive payment within 15 days of the legal notice and he may go to prison for the same.
Thus, our Indian constitution includes various laws and regulations to safeguard individual rights. It does, however, place equity with the applicability of such rules, but it lacks recognition for all such rights and privileges that it provides for citizens.