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Know your Rights
Ignorantia juris non excusat
Ignorance of fact is excused, ignorance of law is
not
Constitution of India
WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN,
SOCIALIST, SECULAR ,DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought , expression, belief, faith and
worship;
EQUALITY of status and of opportunity; and to
promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation.
Fundamental Rights
PART III FUNDAMENTAL RIGHTS
Article 12. Definition
Article 13.Laws inconsistent with or in derogation of the
fundamental rights.
Right to Equality
Article 14. Equality before law.
Article 15. Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth
Article 16. Equality of opportunity in matters of public
employment
Article 17. Abolition of Untouchability.
Article 18. Abolition of titles
Fundamental Rights
Right to Freedom
Article 19. Protection of certain rights regarding freedom of speech,
etc.
(1) All citizens shall have the right (a ) to freedom of speech
and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(g) to practise any profession, or to carry on any occupation,
trade or business.
Fundamental Rights
Article 20. Protection in respect of conviction for
offences.
(1) No person shall be convicted of any
offence except for violation of a law in
force
(2) No person shall be prosecuted and
punished for the same offence more than
once.
(3) No person accused of any offence shall be
compelled to be a witness against himself.
Fundamental Rights
Article 21. Protection of life and personal liberty.
No person shall be deprived of his life
or personal liberty except according
to procedure established by law.
Article 21A. Right to education.
Article 22. Protection detention in certain cases
Article 23. Prohibition of traffic in human beings
and forced labour
Fundamental Rights
Art 25-28: Right to Freedom of Religion
Art 29- 30: Cultural and Educational Rights
Art 31: Saving of Certain Laws
Fundamental Rights
Article 32: Remedies for enforcement of rights
(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is
guaranteed.
(2) The Supreme Court shall have power to issue directions or orders
or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto, and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this
Part.
(3) Without prejudice to the powers conferred on the Supreme Court
by clauses (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except
as otherwise provided for by this Constitution
Art 226: ??
Habeas Corpus
Habeas Corpus literally means produce the body. Via this writ, the court can
cause any person who has been detained or imprisoned to be physically
brought before the court. The court then examines the reason of his
detention and if there is no legal justification of his detention, he can be set
free. Such a writ can be issued in following example cases:
When the person is detained and not produced before the magistrate within
24 hours
When the person is arrested without any violation of a law.
When a person is arrested under a law which is unconstitutional
When detention is done to harm the person or is malafide.
Thus, Habeas corpus writ is called bulwark of individual liberty against
arbitrary detention. A general rule of filing the petition is that a person
whose right has been infringed must file a petition. But Habeas corpus is
an exception and anybody on behalf of the detainee can file a petition.
Habeas corpus writ is applicable to preventive detention also. This writ
can be issued against both public authorities as well as individuals.
Mandamus
Mandamus means we command. This writ is a command issued by court to
a public official, public body, corporation, inferior court, tribunal or
government asking them to perform their duties which they have refused to
perform. Due to this, Mandamus is called a wakening call and it awakes the
sleeping authorities to perform their duty. Mandamus thus demands an
activity and sets the authority in action. Mandamus cannot be issued against
the following:
a private individual or private body.
if the duty in question is discretionary and not mandatory.
against president or governors of state
against a working chief justice
to enforce some kind of private contract.
A petition for writ of mandamus can be filed by any person who seeks a
legal duty to be performed by a person or a body. Such a filing person
must have real or special interest in the subject matter and must have
legal right to do so.
Prohibition
The writ of prohibition means that the Supreme
Court and High Courts may prohibit the lower
courts such as special tribunals, magistrates,
commissions, and other judiciary officers who
are doing something which exceeds to their
jurisdiction or acting contrary to the rule of
natural justice. For example if a judicial officer
has personal interest in a case, it may hamper
the decision and the course of natural justice.
Certiorari
Certiorari means to certify. Its a writ that
orders to move a suit from an inferior court to
superior court. It is issued by a higher court to a
lower court or tribunal either to transfer a case
pending with that to itself or squash its order.
This is generally done because superior court
believes that either the inferior court had no
jurisdiction or committed an error of law. Thus,
certiorari is a kind of curative writ.
Quo warranto
Quo warranto means by what warrant? This
writ is issued to enquire into legality of the claim
of a person or public office. It restrains the
person or authority to act in an office which he /
she is not entitled to; and thus stops usurpation
of public office by anyone. This writ is applicable
to the public offices only and not to private
offices.
Law related to Women and Constitutional Provisions
Sl. Description Source Provision
No.
1 Political Constitution Equality before law and equal protection
Rights of of India of law (A.14).
Women
1.1 Right to vote Every person who is citizen of India and
who is not less than 18 yrs. of age and is
not otherwise disqualified, shall be entitled
to be registered as a voter at any election
Constitution (A.326).
of India,
No person to be ineligible for inclusion in,
or to claim to be included in a special
electoral roll on grounds of race, religion,
caste or sex (A.325).
Representati Every person who has completed his or
on of People her age of 18 years is eligible for
Act, of 1951. registration of his/her name in the
electoral roll (S.19).
1. Right Represent basic qualification for a candidate to LS/RS or State
2 of ation of legislatures are as follows:
women People
- he/she a citizen of India- have completed
to Act of
contest 1951 25/30 yrs
elect- - have sound mind
ions: - not be a undischarged insolvent
- not hold nay office of profit- not be convicted of
criminal offence of moral terprirude. There is no
bar for women to stand for election/s provided she is
elector in the same constituency. Not less than one-
third (including the no. of seats reserved for women
belonging to the SC and the ST) of the total no. of
seats to be filled by direct election in every
Panchayat/s shall be reserved for women (Chap II).
Constituti Not less than one-third (including the no. of seats
on of reserved for women belonging to the SC and the ST)
India
of the total no. of seats to be filled by direct election
in every Municipality shall be reserved for women
(A.243 D).
1.3 Right of Constitution of Equality of opportunity in
women to India matters of public employment.
hold public No citizen shall on grounds only
office: of religion, race, caste, sex,
descent, place of birth,
residence, or any of them, be
ineligible for, or discriminated
against in respect of any
employment or office under the
State (A.16).
Labour Act, 1951 Employer shall provide for crche facility where
there are more than 50 women workers.
Mines Act, 1952 Employer shall provide for the crches facility
where there are more than 50 women workers.
10. Rural Women Constitution of Rights to equality (Art.14)
India
Constitutional 73rd & 74th Amendments
empowers the rural women to participate in
the political process through the Panchayat
Raj Institutions
11. Rights to Constitution of Equality before law and
enter into India equal protection before law.
contracts or
agreements
Indian Contract Every person who is not a
Act, 1862. minor and is of sound mind
may enter into a valid
contract.
12 Rights in the In there is no uniform code applicable to all communities
matrimonial in their matrimonial matters. Each community has its
matters distinct personal laws for such matters.
12.1 Rights to enter Child Marriage Male not below 21 years of age and
into marriage Restraint Act, female not below the 18 years of age
(age approved) 1929 (S.6).
Hindu Male not below 21 yrs of age and female
Marriage not below the 18 yrs of age (S.5).
Act,1955
Parsi Marriage There is no condition as to the minimum
& Divorce Act, age for entering into marriage. The
1936 consent of father or guardian is required
if any one of the parites to the marriage
below his/her 21 years of age.
Muslim Every Muslim who is of sound mind and
Personal Law attained puberty i.e. Muslim boy/girl
completes hi/her 15 yrs of age in Shias.
In case of persons attained puberty
he/she may be contracted into marriage
by his/her guardians.
12.2 Grounds Hindu Sec.13A lays down grounds of divorce
of Marriage available to both the husband and wife viz.
divorce Act, adultery, cruelty, desertion, conversion,
1955 insanity, leprosy (virulent and incurable),
veneral diseases, renouncing the world, not
heard of 7yrs or more, and the decree of
judicial separation passed & no cohabitation
between parties for one year etc.
Sec.13A also provides for four more grounds
to the wife viz. bigamy, rape, sodomy or
bestiality, the maintenance decreed to the wife
and no cohabitation for one year, the wife was
under 15 yrs when she was married and has
repudiated the marriage before she is 18.
(a) Interim Hindu Both the husband and wife are entitled
maintenance Marriage to ask for the sum of amount as
Act, 1955 maintenance during the pendancy of
the suit for dissolution of marriage
(S.24).
Indian Only wife is entitled to the
Divorce maintenance pendent elite or the
Act, 1869 interim maintenance (S.36).
Parsi Only wife can demand the sum of
Marriage & amount for the maintenance pending
Divorce the litigation (S.39).
Act, 1939
Muslim There is no provision for the interim
Personal maintenance neither for husband not
Law for wife.
(b) Hindu Marriage Both the husband & wife may ask for the payment of
Permanent Act, 1955 maintenance from other spouse on dissolution of
alimony marriage. The economic capacity of parties is taken
into consideration (S.25).
Indian Divorce Only wife is entitled to ask for permanent alimony
Act, 1869 (S.37).
Parsi Marriage Only wife can claim alimony (S.40).
& Divorce Act,
1939
Muslim Husband shall maintain his divorced wife for 3
Personal Law months after the talaque/divorce. But this is different
from what Hindus/ Parsis/ Christian wives get as
alimony on divorce. Muslim
Criminal Wife living / divorced / deserted may file a suit
Procedure Code against her husband for maintenance. Even aged
1973 (applicable parents and minor children can sue their son /
to all daughter / father respectively. Muslim women can
communities file a suit u/Sec.125 provided her husband has given
except the his consent for the applicability of Sce. CrPC before
Muslim) seeking divorce (S.125).
12.4 Guardi Hindu Minority & Both the person & property of the legitimate son or
anship Guardianship an unmarried daughter Father is guardian, only
Act,1956 after his death, Mother can act as the natural
guardian. In case of the illegitimate son or an
unmarried daughter Mother is the natural guardian
both for the person & property of her children.
Husband is considered as the guardian in case of a
married woman (S.6).
Muslim Personal As far as person of a male below 7 yrs and a female
Law till attains puberty, Mother is the guardian and once
a boy completes his 7 yrs of age, & a daughter
attains her puberty Father is the guardian. For the
property of the minors Father is the legal guardian
and he may appoint any other Muslim excluding
the mother as the legal guardian.
Section 2 (c) of the Criminal Procedure A non-cognizable offence has been defined in
Code, 1973 defines Cognizable offences. Section 2(l) of Criminal Procedure Code 1973.
Cognizable offence/case means a case in Non-cognizable offence means an offence for
which, a police officer may arrest without which, and `non-cognizable case means a
warrant, as per the First Schedule of the case in which, a police officer without any
Criminal Procedure Code, 1973 or under warrant has no authority to arrest.
any other law for the time being in force. Non-Cognizable offenses are not much serious
Cognizable offenses are usually offenses in nature.
which are serious in nature. Example-
Example: Assault, Cheating, Forgery,
Waging or attempting to wage war, or
abetting the waging of war against the
government of India, Murder, Rape,
Dowry Death, Kidnapping, Theft, Criminal
Breach of Trust, Unnatural Offenses.
Criminal Procedure Code
Cognizable Offence Non Cognizable Offence
Section 154 of the Criminal Procedure Section 155 of Criminal Procedure Code 1973
Code, 1973 provides that under a provides that in a non-cognizable offense or
cognizable offence the Police Officer has case, the police officer cannot receive or
to receive the First Information Report record the FIR unless he obtains prior
(FIR) relating to the cognizable offense. permission from the Magistrate.
Police Officers Power to Investigate In such offences for arrest, following steps
Cognizable Cases have to be followed:
Any officer-in-charge of a Police Station, Filing of complaint/F.I.R.
without the order of a magistrate, Investigation
investigate any cognizable case which a Charge sheet,
court having jurisdiction over the local Charge sheet to be filed in court
area within the limits of such station Trial
would have power to inquire into or try Final order of arrest if case has been made
under the provisions of the Criminal out.
Procedure Code. 1973.
Criminal Procedure Code
Bailable Offence Non Bailable Offence
In case of bailable offence, the grant of bail is a A non-bailable offence is one in which the grant of
matter of right. It may be either given by a Bail is not a matter of right. Here the Accused will
police officer who is having the custody of have to apply to the court, and it will be the
Accused or by the court. The accused may be discretion of the court to grant Bail or not. The
released on bail, on executing a bail bond", court may generally refuse the Bail, if: "Bail Bond"
with or without furnishing sureties. has not been duly executed, or if the offence
committed is one, which imposes punishment of
death or Life imprisonment, such as "Murder " or
"Rape" or the accused has attempted to abscond,
and his credentials are doubtful.
The "bail Bond" may contain certain terms and The application for bail shall be filed before the
conditions, such as: Magistrate, who is conducting the trial. The
The accused will not leave the territorial application after being filed is usually listed on the
jurisdiction of the state without permission of next day. On such day, the application will be heard,
court or police officer. The Accused shall give and the police shall also present the accused in
his presence before police officer every time, court. The magistrate may pass such orders, as he
he is required to do so. The Accused will not thinks fit.
tamper with any evidence whatsoever,
considered by police in the investigation.
Criminal Procedure Code
Bailable Offence Non Bailable Offence