By Sharangi Dutta
We all know that the Indian constitution is very intricate, and
complex. Its complexity is such that we fail to know many of our basic rights,
let alone understand them. It's ironic considering we often talk about the
importance of knowing our fundamental rights; ask anyone about rights and
they will give you their two cents about freedom of speech and you'll regret
even bringing up the topic.
But, the reality is we ACTUALLY don't know
all of our rights, and maybe it's not possible either. However, there are some
rights that you can't afford to not know about, so we compiled a list
containing a few of them that you should always keep in mind.
In 2011, the Supreme
Court ruled that according to Section 497 of the IPC, a
woman cannot be proceeded for her involvement in an adulterous relationship. In fact, the section
says that she can't even be charged for being an instigator of the adultery.
Under Section 14 of the
Hindu Marriage Act 1955, a couple cannot register a petition for divorce within a year of marriage. However, if the High Court feels that the
petitioner is experiencing immense problems then the former can permit the
latter to file for divorce.
Under Information
Technology Act, 2000 voice and messages recorded in a tape recorder or phone
can be used as an evidence at court.
However, this depends on certain conditions like valid and important
evidence can certainly be taken from the recorded
conversations.
According to Indian
Sarais Act, 1867 any individual can ask for water free of charge from any hotel at
any time for themselves and their pets. Furthermore, he or she can use the
washroom for free, and no one can stop them.It is your right to demand water
from any hotel at any time.
A Supreme Court ruling
states that no woman can be arrested before sunrise or after sunset in order to
stop them from getting harassed in the
wee hours. This can only be overturned if the police get a
written document as a proof of why they require to arrest the woman at that
time.
In 2013, Delhi Police
announced that a woman can file an FIR at any police station regardless of the
jurisdiction, and the police has to accept it exactly as she
describes. It also says that investigation needs to be taken as per the
statement of the woman.
Under Section 51 in The
Code of Criminal Procedure, 1973, only women officers can search and
arrest women offenders under strict privacy and decency.
According to the directions
by Delhi Police, if a woman is unable to go to the police station to lodge a
complaint then she can lodge the same via an email or registered
post. The senior police officer then sends the email or registered post to the
Station House Officer of the area of crime for proper verification of the
document, so that an FIR can be lodged.
Article 22(1) and 22(2)
that looks after the Preventive Detention in India says that no person who is
arrested can be detained longer than 24-hours.
Under Section 23 of the
Bill of Rights Act, every person is
entitled to know why he or
she is being arrested or questioned. He or she can also question the validity
of the arrest if the warrant is not lawful.
In 2007 a Supreme Court ruling suggested that any police officer who refuses to lodge a complaint will
be suspended and even face jail term.
t is mandatory that the
names and other particulars of police personnel
dealing with the interrogation and arrest of the person(s) is entered in the
register.
Under Section 185 of Motor
Vehicles Act, 1988 if a police officer finds 100 ml. of
alcohol in a person's blood while driving then he or she
can be arrested for drunken driving.
Under Section 498 of Indian
Adultery Penal Code a married man who commits adultery with an unmarried woman or widow upon the latter's
consent, can't be charged for the offence.
According to Article
38(1) and Article 21 of IPC, every woman is entitled to receive free legal aid in order to promote their welfare. A woman is often held wrong or
humiliated when she goes to the police station to file a complaint, which
is why she should always be accompanied by a lawyer.
No rape survivor can be
forced to go to the police station to provide her statement due to the threat
of her family being put in danger, and the cops can't force her.
Section 294 of Indian
Penal Code says obscenity in public is a criminal offence, but nothing specifically talks about kissing or
hugging in public.
Hindu Succession
(Amendment) Act, 2005 allows both males and females to equal inheritance of their father's property
Maternity Benefit Act
1961 states that no woman can be sacked from her employment
regardless of any reason.
Section 160 of the
Criminal Procedure Code states that women can be questioned in the presence of women constables at their home itself.
According to Indian Code
of Criminal Procedure, a doctor has to attend
a rape victim if she
approaches herself for a medical examination.
In 2013, the health
ministry directed doctors not to use 'rape' as a medical
term and use it as their final call. It suggested that 'rape' is instead a
legal term, and proper police papers is required to prove the offence.
In 2011, the Ministry of
Women and Child Development ruled out against single man
adopting a girl child in order
to keep adoption clean and safer.
According to Hindu
Adoption and Maintenance Act of 1956, married couples can't adopt two children of same sex.
The Hotel Association of
India (HAI) that manages over 280 hotels in India says that there is no such rule that denies admission to an unmarried couple in a
hotel in India.
The above is from FB, posted by Karuna Sharma
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