Have you ever been in a situation where you’ve been victimized, discriminated against, or taken advantage of, and you didn’t act since you weren’t sure whether you could or not? Well, it’s time to empower yourself legally and understand your rights as an Indian citizen. While most of us Indians are aware of some of our basic legal rights, here are some of them which you might not know about.
1. The right to file an FIR
According to the Indian Penal Code, 166 A, A Police officer can’t refuse to lodge an FIR. As an Indian citizen, you have a right to file an FIR for a cognizable offense, and a police officer who refuses to lodge the FIR is punishable for committing a crime under Section 166A(c) of the Indian Penal Code. The Supreme Court has said that in such cases, “the police officer will be liable for prosecution and punishment.”
How
to exercise this right?
Visit the police station
(ideally near the crime scene) and present all the information before the
concerned officer in charge. Also, Section 154 of the Cr.P.C gives a choice to
the informant to furnish information orally or in writing.
Note:
Guidelines issued by the Delhi Police entitle women to the privilege of
registering a complaint via email or even through the post if they can’t go to
the police station.
What to do when your right
is violated?
If
the concerned officer in charge refuses to register a first information report
about the commission of a cognizable offense within his territorial
jurisdiction under Sec. 154(3) following actions can be taken –
(a)
Approach the Superintendent of Police:
The informant can approach
any senior officer of police or the Superintendent of Police, or the
Commissioner of the police with a written complaint.
If
the Superintendent of Police is satisfied that such information discloses the
commission of a cognizable offense then, he might investigate the case himself
or direct an investigation to be made by any police officer subordinate to him.
(b)
Complaint to Judicial Magistrate:
If
even after submitting a complaint to Senior Police officials no FIR is lodged,
then the informant is legally entitled to file a complaint to the Judicial
Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the
criminal procedure, thereby requesting the FIR to be registered by the police
and commencing investigation into the matter.
(c)
Legal Remedy:
A
Writ Petition may be filed in respective High Court for seeking
damages/compensation if the inaction of the Police on the
complaint/non-registration of FIR has resulted in frustration/deprivation of
–life and liberty of any person, guaranteed under Article 21 of Constitution of
India.
2.
The right to claim a refund
The
Consumer Protection Act of 1986 guarantees every consumer the right to a
complete refund if they are not satisfied with their purchase or in the event
that the consumer has not been able to utilize the services that he had paid
for.
In
fact, It is illegal and an unfair trade practice to print “No exchange or
refund” on bills and invoices.
What
to do when your right is violated?
In
case money is not refunded by the company, you can send a legal notice. If the
money is still not refunded, file a complaint in the consumer forum for
deficiency in service. You can also register a criminal complaint of cheating
against the defaulters.
3.
Right of parents to be maintained by their children
According
to the Section 125 of Cr. P.C, parents (father or mother whether biological,
adoptive or stepfather or stepmother, whether senior citizen or not) have the
right to claim maintenance from their adult children.
What
to do when your right is violated?
Approach
the court with sufficient proof that your sons/ daughters who are capable of
supporting you have neglected to do so. An application for maintenance may be
filed against any person, liable to pay the same.
4.
Right to equal pay for equal work
The
Equal Remuneration Act, 1976 is a law that mandates equal pay for both men and
women for equal work done by them. When two or more people have done the same
work under similar circumstances, they are entitled to be compensated equally.
What
to do when your right is violated?
Employees
have the right to file a complaint with the concerned labor authorities when an
employer breaches these provisions.
The
appropriate labor authority, after verifying the merits of the case, may
initiate an inquiry into this matter and take the appropriate action.
Note:
Employers are required to maintain registers that should contain the
particulars of the remuneration of their employees.
5.
The rights of a woman when arrested
As
per section 46 of the criminal procedure code ( Cr.P.C), apart from exceptional
circumstances, no woman can be taken into custody before sunrise or sunset
(After 6 pm and before 6 am). And, under no circumstances a male police officer
can arrest a woman.
What
to do when your right is violated?
If a
woman finds herself in a situation where there is a violation of arrest
procedure by the police authority, then she must:
(a) Refuse
her arrest if the due procedure of law is not followed by the arresting police
authority.
(b) Contact her Advocate to
seek legal guidance & remedy.
(c) Remind
her legal rights to the arresting police authority.
(d)
Complain to the Station House Officer (SHO) of the police station where she has
been arrested.
(e)
Can complain to the Magistrate having local jurisdiction.
6.
Right to take legal action if a traffic police
officer snatches the key of your vehicle.
Motor
Vehicle Act, 1988 says that if the traffic police officer snatches the key from
the car or motorcycle, you have a right to launch a Legal proceeding against
that traffic police officer.
What
to do when your right is violated?
If
the police officer snatches your vehicle keys without any reason, take photos
of what is happening and file a complaint against that traffic police officer.
7.
Your right under the Police Act, 1861
As
per the Police act, 1861, a police officer is always on duty whether he/she is
wearing a uniform or not. If an officer is approached by the victim, the
officer could not refuse to help because he/ she is not on duty.
8.
Right under the Maternity Benefit Act, 1961
As
per the Maternity Benefit Act, 1961, no company can fire a pregnant woman. It
may be punishable by a maximum of 3 years of imprisonment. This rule is
applicable to both private and public sector employees.
9.
Right against the Cheque Bounce
A
cheque bounce is an offense under Section 138 of the Negotiable Instruments
Act, 1881, punishable with a fine which can extend to twice the amount of the
cheque or imprisonment for a term not more than two years or both.
What
to do when your right is violated?
If
you have received payment via a cheque, which later bounces, you should
immediately contact a lawyer and send a legal notice to the person who is
supposed to pay you.
If
you do not receive a payment within 15 days of the legal notice, you can file
criminal charges against the person, and he might go to jail for it.
10.
Right to a Free Legal Aid
Under
Article 39-A of the Constitution of India, the government has enacted this act
to provide free legal aid service to all those who cannot afford to opt for the
services of lawyers.
11.
Right to Information (Article 19 (1) (a)
Under
the RTI Act, any citizen of India can request information from any public
authority, and the authority will have to revert back at the earliest or within
thirty days.
If
the matter involving a petitioner’s life and liberty, the information has to be
provided within 48 hours.
What to do
when your right is violated?
Public
officials who deliberately delay or obstruct an application for information or
who deliberately provide incorrect or misleading information can be punished
under the 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 have an
impact on everything from your personal safety to your job security.
This
article is only for informational purpose and will not be responsible in any
way for the content of this article.
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