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HAPPY INDEPENDENCE DAY 2023: Being aware of your legal rights as an Indian citizen is crucial, enabling you to assert yourself confidently and navigate various situations with knowledge and empowerment. While many of us are familiar with some of our basic legal rights, there are several lesser-known rights that can make a significant difference in our daily life. This Independence Day, let’s explore these rights and how they can shape your interactions and decisions.
- The Right to File an FIRUnder the Indian Penal Code (IPC) Section 166A, police officers cannot refuse to register an FIR (First Information Report). You have the right to report a cognisable offense, and a refusal can result in legal consequences for the officer. This right ensures that your complaints are taken seriously and investigated.
- The Right to Claim a RefundThe Consumer Protection Bill guarantees your right to a complete refund if you are dissatisfied with a purchase or unable to use a paid service. New rules and Regulations introduced by the Consumer Protection Act of 2019 protect consumers’ interests. Under this law, the vendor cannot refuse to accept back faulty or late-delivered products or goods that do not meet the website’s mentioned specifications.
- Right of Parents to be Maintained by Their ChildrenSection 125 of the Criminal Procedure Code provides for the maintenance of the wife, child, and parents. According to this, parents, including adoptive and step-parents, have the right to claim maintenance from their adult children. This helps ensure their well-being and financial security.
- Right to Equal Pay for Equal WorkThe Equal Remuneration Act, of 1976 mandates that both men and women receive equal pay for equal work, done under equal circumstances. This ensures that compensation is fair and nondiscriminatory in workplaces on the ground of gender.
- Rights of a Woman When ArrestedSection 46 of the Criminal Procedure Code stipulates that, except in exceptional circumstances, a woman cannot be arrested before sunrise (6 am) or after sunset (6 pm). A male police officer cannot arrest a woman. Only a female officer can do so. This protects women’s dignity and safety during an arrest.
- Right to Take Legal Action if a Traffic Police Officer Snatches Your Vehicle’s KeyAccording to the Motor Vehicle Act, 1988, if a traffic police officer unlawfully snatches your vehicle key, you have the right to take legal action against them. This ensures fair treatment and accountability in law enforcement.
- Right Under the Police ActAccording to the Police Act, 1861, police officers are always considered on duty, whether they are in uniform or not. They cannot refuse to help if approached by a victim even if they are officially on leave, in order to ensure public safety.
- Right Under the Maternity Benefit ActThe Maternity Benefit Act of 1961, prevents the termination of employment for pregnant women. No pregnant woman can be fired by any company. Violating this can lead to legal consequences, protecting the rights of expectant mothers.
- Right Against Cheque BounceSection 138 of the Negotiable Instruments Act of 1881, makes bouncing a cheque a punishable offense. If you receive a bounced cheque, you can take legal action to recover the due amount.
- Right to Free Legal AidArticle 39-A of the Constitution provides for free legal aid to those who cannot afford legal representation, ensuring access to justice for all.
- Right to Information (RTI Act, Article 19(1)(a))Under the Right to Information Act, any citizen can request information from public authorities. Delays or obstruction by officials can result in penalties, promoting transparency and accountability.
- Maximum Retail Price Act, 2014While not specifically mentioned in the Constitution, consumer protection laws regulate the maximum retail price of goods to prevent unfair pricing practices by vendors and sellers. No one can be asked to pay more than the printed MRP (Maximum Retail Price) for purchasing any good. Customers are allowed to even ask for a price lower than the mentioned MRP while shopping.
Knowing your legal rights empowers you to stand up against injustices, demand fair treatment, and make informed decisions. These rights are designed to uphold justice, dignity, and equality, shaping a better society for all Indians.
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Happy Independence Day 2023!
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