Lex Infusion

A Welfare Law Firm

Know Your Rights

For Citizens in India

Every citizen should know below rights that:

  1. You are entitled to free legal aid, if you cannot afford it.
  2. Giving bribe or dowry is a big crime as taking it or demanding for it.
  3. Children between 6 and 16 have fundamental rights to free education, if they cannot afford it.
  4. Police cannot use your confession against you in court.
  5. Only women officers can arrest women and must be present at the police station throughout.
  6. Women can only be arrested before sun set.
  7. Rape and sexual assault victims have the right to anonymity and cannot be forced to go the police station for their settlement.
  8. Employees cannot give tedious work to pregnant women and are required to give paid 26 weeks of maternity leave.
  9. Sons and daughters have equal rights.

 Civil rights

Civil rights were introduced to maintain a society which flourished intellectually, lived in harmony and focused on personal development. Details of top 13 civil rights which every citizen should know are below:

  1. Right to Life
  2. Right to Family Life
  3. Right to Education
  4. Right to Personal Freedom
  5. Right to Religious Freedom
  6. Right to Freedom of Thought and Expression
  7. Right to Freedom of Movement
  8. Freedom of Press
  9. Right to Equality
  10. Right to Justice
  11. Freedom to Form Associations
  12. Right to Cultural Freedom
  13. Right to Contract

 Women

1. Protection from Domestic Violence

If a woman feels threatened or abused by her husband or his family, she is free to file a complaint under the The Protection of Women from Domestic Violence Act, 2005.In fact, anyone – not just the woman herself – can file a complaint on her behalf. Under this Act, the woman can also demand a monetary compensation.

2. Against Sexual Harassment at the Workplace

With many of our industries having a lopsided sex ratio, or having fewer women in positions of power, sexual harassment at the workplace is more than just an inconvenient reality for women. With Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the government has put in place redressal systems to prevent this. A woman has every right to file a complaint under this Act. Moreover, the Centre has made provisions for a woman to go on a paid leave of 90 days, while probe into a sexual harassment complaint filed by her is carried out.

3. Against Female Foeticide

The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, was passed to prevent female foeticide and has made pre-natal sex determination illegal since. Doctors are legally bound to not reveal the sex of the foetus to the parents and parents are legally bound to not try to find out.

4. Protecting the Identity of Victims of Sexual Violence

Often women who are victims of sexual violence are afraid to approach the police for the fear of their name being disclosed and all the societal taboos that come attached.

5. A Woman Cannot Be Arrested at Night

According to Section 46 (4) of the Criminal Procedure Code, a woman cannot be arrested after sunset and before sunrise. If the case is exceptional, permission from a magistrate has to be sought. If a woman is being arrested without a warrant, she needs to be told immediately the cause of her arrest and the rights pertaining to her bail. Police are also obligated to inform her close relatives of her arrest.

6. Equal Wages

Discrimination on the basis of gender when it comes to equal pay or work is illegal. In 1976, a law was put in place to prevent this kind of discrimination. If a woman is doing the same work as a man, her employers are obligated to pay her as much as her male counterpart.

7. Maternity Benefits

Under Amendments to the Maternity Benefit Act, 1961, every woman is entitled to maternity benefits at her workplace. A pregnant woman can take up to 26 weeks of paid maternity leave.

8. Right to a Woman’s Dignity

If a woman has committed a crime or is accused of committing one, all the investigations and proceedings must be carried out by another woman or in the presence of another woman, to ensure she is not harassed or violated in any manner.

9. Right to Free Legal Aid

A female rape victim is entitled to free legal aid. Police are obligated to inform Legal Services Authority of such a case, so they can arrange a lawyer for her.

Even if a woman is an accused in a case, she can ask for a government-appointed lawyer. This provision is available to women of all economic stratas.

10. Right to Property

Under the Hindu Succession Act, a woman and man have equal rights on ancestral or family property. Under the Act, there are specifications about a woman’s rights to her father’s property and her rights to her husband’s property.

  • Right to father’s property

If a woman’s father has not left a will, she is entitled to an equal share in the property as her brothers or her mother. This rule stands even after she gets married.

  • Right to husband’s property

In the event of her husband’s death, the woman is entitled to her husband’s property either according to his will, or even otherwise. The condition, however, is that the husband can only write a will for his own property and not his family property.

Child rights

  • Right to Survival: A child’s right to survival begins before a child is born. According to Government of India, a child life begins after twenty weeks of conception. Hence the right to survival is inclusive of the child rights to be born, right to minimum standards of food, shelter and clothing, and the right to live with dignity.
  • Right to Protection: A child has the right to be protected from neglect, exploitation and abuse at home, and elsewhere.
  • Right to Participation: A child has a right to participate in any decision making that involves him/her directly or indirectly. There are varying degrees of participation as per the age and maturity of the child.
  • Right to Development: Children have the right to all forms of development: Emotional, Mental and Physical. Emotional development is fulfilled by proper care and love of a support system, mental development through education and learning and physical development through recreation, play and nutrition.
  • All people under the age of 18 are entitled to the standards and rights guaranteed by the laws that govern our country and the international legal instruments we have accepted by ratifying them.
  • The Constitution of India guarantees all children certain rights, which have been specially included for them.
  • Right to free and compulsory elementary education for all children in the 6-14 year age group.
  • Right to be protected from any hazardous employment till the age of 14 years.
  • Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength.
  • Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment.

Rights of Elderly

  1. Right to reside their home as long as possible
  2. Right for their need and limitations
  3. Right to have access to free health / medical care
  4. Right to special and appropriate care
  5. Right to immediate aid in the event of disaster and emergencies
  6. Right to live in an environment which is safe and adaptable to personal preferences and changing  capacities
  7. Right to opportunities for work or access to other income generating opportunities
  8. Right to remain integrated in the society
  9. Right to organize
  10. Right to pursue opportunities for the full development of their potentials
  11. Freedom from exploitation and physical or mental abuse

Farmers Rights

  1. Access to seed
  2. Benefit-sharing
  3. Compensation
  4. Reasonable seed price
  5. Farmers’ recognition and reward for contributing to conservation
  6. Registration of farmers’ varieties
  7. Prior authorization for the commercialization of essentially derived varieties
  8. Exemption from registration fees for farmers
  9. Farmer protection from accidental infringement

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