It is clear that many of the people are lack legal knowledge and also unaware of the basic laws and the rights they have. Indian constitution is clearly giving the basic rights and regulations in favor of people for their convenience and safety precautions. It also prevents the officers from government departments from taking advantage of the people. The public of India has the right to protect their property and live their dignified life. Indian constitution has those basic laws in different provisions of the Indian constitution and its subsequent laws.
Laws related to motor vehicles act of 1988:
Section 185 and 202 of Motor Vehicles Act (1988):
Many of them are familiar with fining for drunk and drive. You can consume alcohol and drive a vehicle without any legal issues. Tricky? But you have to be consumed alcohol less than the prescribed limit. The blood alcohol content (BAC) legal limit should be less than 30 mg alcohol in 100 ml blood (0.03%). On 1st March of 2012, the Union Cabinet made changes to the existing Motor Vehicle Act. Penalties were increased including fines from Rs.2, 000 to Rs.10, 000 and imprisonment from 6 months to as high as 4 years.
Section 129 of motor vehicles Act (1988):
All the two-wheeler riders should wear a helmet according to section 129 of the motor vehicles act (1988). Also, there should be a maximum of two riders to be traveled by one motorcycle. Importantly, if a policeman snatches a key from a motor vehicle in case of violation of laws, it is illegal. And the victim has full rights to start a legal proceeding against that officer.
Automotive amendment bill (2016):
According to the automotive amendment bill of 2016, if a person has been fined for the crime (like not wearing a helmet) in a day, he can’t be fined for the same reason again in the same day. And under this act, the liability of a third party insurer for a motor vehicle is unlimited. If an accident occurs causing death or a grievous injury, the third party insurer has the bill cap of maximum liability up to 10 lakhs.
There is no traffic violation for the non-motorized vehicles:
The vehicles such as bicycles, rickshaws, and other non-motorized vehicles have no traffic violation even if they violate such rules. Because the vehicles with no motors fitted will not be considered as a motor vehicle and the motor vehicle act does not apply for those vehicles at any cause.
Laws for the safety of women:
Section 46 of criminal procedure code:
A woman cannot be arrested before 6 a.m. in the morning or after 6 p.m. in the evening. Yes, no police officers have the right to arrest a woman before sunrise or after sunset. If the woman has committed a serious offense, then the police can arrest her only if they carry a handwritten letter wrote by a magistrate to arrest that particular lady.
Right to virtual complaints:
Women can lodge a complaint through email or post according to the guidelines of the Delhi police. Women have the right to write a complaint through email or post if she is not able to go to the police station for some reason. Also, supporting these lines Deputy commissioner of Police directs the SHO of the police station of that particular area to verify the complaint in proper manner and lodge an FIR. To take a statement, the police can come to the residence of the victim.
Right to Zero FIR:
sometimes, the police station refuses to register a complaint in order to keep clear of the responsibilities and then, tries sending a victim to another police station. In these cases, the victim has all the rights to lodge an FIR at any police station in a city under the Zero FIR ruling by the Supreme Court. This denies the SHO of the police station to site the jurisdiction and send the victim away. This zero FIR is mainly ruled for the Rape victims.
Right to confidentiality:
The identity of the Rape victims should not be revealed under any circumstances. The police and media cannot spread her name to the public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or identity of women is an offense and it is punishable if committed. This is to prevent the social victimization of the victim of a sexual offense. Even while a judgment is in progress at the high court or any lower court, the name of the victim is only described as ‘victim’ in the judgment.
The police Act (1856):
The police Act of 1856 states that the police officer will always be on duty regardless of theirs. The police officers will not get any off and if they witness any kind of incident or act of crime, they cannot tell that they are not in their duty. They have all the responsibilities to take action against the one who commits a crime. But, they are entitled to get some rest as they are the most hard-working government officials to maintain peace and security.
Also, the police act of 1856 states that no head constables can charge a penalty of more than Rs. 100 in violation of any one of the rules. In case of violation of more than one rule, they are entitled to give the challan of higher value.
Indian penal code 166A:
The Indian penal code 166A state that the police officer is punishable up to 3 years of imprisonment if he/she refuses to lodge an FIR (First Information Report)
Laws for Couples:
Section 294 of IPC:
Section 294 of IPC states that, public display of affection is allowed in public if it is within its limits but any obscene activity between the couple in the public will lead causing those 3 months in Jail. But the flaw is, as the word ‘obscene’ is not defined under the Indian constitution, the couples are often harassed by the policemen in the bare public.
Domestic violence Act (2005):
This domestic violence act of 2005 states that, if the young boy and young girl wants to live together in a ‘live-in relationship’, they can do so because it is not illegal. Even the new born babies from this kind of relationship are also legal and also have rights on the parent’s properties. Moreover, live-in relationships are considered to be equal to marriage in certain conditions such as entrusting the responsibility, sexual relationship, bearing children, public socialization and intention and etc.
Hindu Marriage Act (1955):
Section 13 (i) (a) of the Hindu marriage act of 1955 clearly says that if a husband or wife denies to have sex post marriage, it is termed as ‘mental cruelty’ as this can also be one of the viable reason for the divorce. Here, the term ‘mental cruelty’ is defined as the stage in which the husband/wife cause acute mental pain, agony and suffering to other, as it would not make it possible for the parties to live with each other.
Also, under the section 13 of Hindu marriage act of 1955, either husband or wife may apply for divorce in the court on the basis of Adultery (physical relationship outside of marriage), abusing physically as well as mentally, impotency, leaving home with no information, changing Hindu religion and adopt other religion, having an incurable disease and having no information about husband or wife for seven-year.
The Hindu adoption and maintenance Act (1956):
The Hindu adoption and maintenance Act of 1956 states that no one can adopt the Hindu child as a second child. If the Hindu couple already has a son or daughter, they cannot adopt another child as a second child. If they have no child and want to adopt one, then the age gap between the Adopter and the child should be more than 21 years. In this case, they are eligible to adopt a child legally.
Laws related to income and expenditure:
Weights and measurement act (1997):
Under the packaged commodities rules of weights and measurements acts of 1997, Maximum Retail Price (MRP) is the maximum price of a packaged commodity inclusive of all taxes. None of the retail stores can sell a particular commodity more than that of suggested retail price given by the manufacturer. But the buyer or seller have a right to bargain with the retailer and get the same commodity to a lesser price than the MRP.
The limitation act (1963):
The limitations act states that if a person is not get paid by someone who is contracted to pay him/her, a complaint can be lodged within 3 years. Time period exceeding 3 years are likely to be dismissed by the courts. One can stop being lazy to file a complaint and approach the court within 3 years of the contract and get the money back from the contractor.
Maternity benefit act (1961):
The maternity benefit act states that no company (either government or private) can fire a pregnant woman. In case of firing a pregnant woman, it may be punishable up to 3years of imprisonment. If the company has total employees count of more than 10, then the pregnant woman is eligible for the 84 days of paid maternity leave.
The income tax act (1961):
A tax recovery officer (TRO) has a right to arrest a person in case of his/her tax violation. But before arresting a person, the tax officer should send a notice prior to the time of arrest. Only the tax commissioner has the rights to decide how long he will keep the person in custody. This action is done to recover tax from the particular person. It is clearly mentioned in the income tax act of 1961.
Indian sarais Act (1887):
Indian sarais act of 1887 states that, even a 5 star hotels cannot prohibit one person from drinking a portable drinking water or using its washrooms by any person.
Citizen charter of Indian Oil Corporation:
If the Gas cylinder explodes and causing injuries to the life and property, an FIR has to be lodged in the nearest police station and submit the same to the concerned Gas agency. They are entitled to provide compensation of Rs. 50 lakhs to the victim. In case of failing to provide compensation, they are liable for the legal action against them. They can claim the insurance money from their respective insurance companies. This type of insurance is called as third party insurance.
Foreign contribution Regulation Act (FCRA) (2010):
It might surprise you that you could be sentenced to jail if you take any contribution from a foreign company during the festival occasion according to the foreign contribution regulation act of 2010.
One can’t fight for the rights if they are not aware of what they are. Knowledge of laws and rights not only equip oneself with the security but also bestow upon him/her a great empowerment. India, being one of the largest countries in the world with great population and being the youngest nation in the world, the citizens of the future should have enough knowledge on their rights and fight for them. At present, many people are unaware of the rights and losing them every day. It is the duty of the government to educate a citizen with his/her basic rights. Required steps should be taken such as online advertising and magazine printing.
Author: Srikanth R,
2nd Semester | BBA LLB | IFIM LAW SCHOOL, BANGALORE.