The Indian constitution has provided citizens with many rights to protect their individual interests. But due to the complexity of the constitution very few people know their rights let alone understand them which often leads to facing various difficulties and getting in trouble in their day to day life. Here is a list of 15 laws and rights that every Indian must know:
- Indian Sarais Act, 1887:
Every citizen has a fundamental right to drink water and using washroom in any hotel or restaurants even the 5 star hotels can’t prohibit you from drinking water or using washroom in their facility.
- Motor Vehicles Act, 1988:
Section 129 of Indian Motor Vehicle Act states that two-wheeler rider must wear helmet, And the maximum number for riding a two-wheeler is two. However the law also states that if the traffic police officer snatches away the key from the car or any vehicle, it is illegal and you have a right to launch a full fledged legal proceeding against the officer.
- According to the Citizen Charter:
If a gas cylinder blasts during the cooking of food then the gas agency is liable to pay 40 lakh rupees as compensation to the victim. The victim must lodge an FIR to the nearest police station and submit it to the the gas agency.
- Right to Privacy:
A rape victim can give the statement to the district magistrate privately according to section 164 of Code of Criminal Procedure, 1973. There is no need to give the statement in presence of a third party.
- Police Act, 1861:
A police officer is always on duty, he can not refuse to help the victim even if he is not wearing the uniform if the victim files a complaint to him/her.
- Domestic Violence Act, 2005:
A young boy and a girl can have a ‘live-in relationship’ if they both want to have it. Even the new-born has full rights in the assets of his/her father.
- Motor Vehicles Act 1988, section-185:
At the time of driving if the drivers blood contains more than 30 mg. of alcohol in 100ml. blood then the police officer has right to arrest you without a warrant.
- Indian Penal Code, 166 A:
A police officer can’t refuse to lodge an FIR. If he or she does refuse then they could be jailed for 6 months to a 1 year.
- Maternity Benefit Act, 1961:
No company can fir a pregnant woman. It is punishable by a maximum of 3 years of imprisonment.
- Code of Criminal Procedure, 1973:
Only female constables can arrest female accused. Male constable doesn’t have the right to arrest women. Also a woman can refuse to going to police stations after 6 P.M. and before 6 A.M. But for the serious crimes the magistrate can sign a written order and then a male police can also arrest woman.
- Maximum Retail Price Act, 104:
A consumer has right to bargain on the printed MRP on any commodity. And the shopkeeper can not sell any commodity for more price than the printed MRP.
- Limitation Act, 1963:
If your company or employer does not pay you for your services then you have the right to file an FIR against it within 3 years.
- Right to file an FIR:
Any individual who is the victim or witness of a happening can file an FIR only in cognizable offences. If the police officer denies to lodge an FIR, the victim can go the superintendent of Police and write an application of the same. But even if he refuses then the victim can go to the magistrate who has to then order an investigation of the case. Read this To know how to file an FIR.
- Delhi Rent Control Act, 1958:
Any tenant living in the Delhi is to provide with a prior notice for the evacuation. The landlord can not forcefully evacuate without a prior notice.
- Arrest and Investigation:
No police officer can search your house without a search warrant in any of non-cognizable offences. However in cognizable offenses there is no need for such warrant to arrest a person.
Read about Traffic Laws in India
10 Legal Rights Every Indian Women Should Know
Image Courtesy: http://thestartingblock.com.au/powerful-startup-laws-you-need-to-know-15-28/
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