Introduction:
As college students, it is crucial to be aware of our legal rights provided by the Indian constitution. Understanding these rights empowers us to navigate various situations and ensures that we are protected from any misuse. In this blog post, we will discuss 14 basic laws and rights that every college student in India should know. Familiarizing ourselves with these rights enables us to be informed citizens and contribute to a just society.
1. The right to remain silent:
Under Article 20(3) of the Indian Constitution, every individual has the right to remain silent and is protected against self-incrimination. This right ensures that you cannot be compelled to be a witness against yourself in any criminal proceedings. In India, the right against self-incrimination is limited only to criminal cases.
(It is pertinent to note that the protection under Article 20(3) is not available to a person who is being interrogated under the Customs Act, 1962, or Foreign Exchange Management Act, 1999, since the person is not “accused of an offence” and isn’t entitled to a lawyer. The provisions of Article 20(3) only come into effect once the person is placed in the position of the accused.)
2. The right to claim a refund:
The Consumer Protection Act of 1986 guarantees every consumer the right to a complete refund if they are not satisfied with their purchase or in the event that the consumer has not been able to utilize the services that he had paid for.
In fact, It is illegal and an unfair trade practice to print “No exchange or refund” on bills and invoices.
3. Women can complain via email:
In cases where women are unable to go to a police station to file a complaint, they have the right to register a complaint via email or through the post. This provision facilitates easier access to justice for women who may face logistical challenges.
4. No Woman Shall be arrested after sunset & before sunrise:
For the safety and dignity of women, the law mandates that arrests of women should take place before sunset. Between 6 PM and 6 AM, women have the right to refuse to go to the police station unless accompanied by a female police officer.
5. A woman can be arrested only by a female police officer:
To ensure gender sensitivity and protect the rights of women, only female police officers can arrest women. If male officers are present for the arrest, women have the right to demand the presence of a female officer, except in cases of severe crimes, where male officers must have a written permit from a magistrate.
6. A pregnant woman cannot be asked to leave the job:
Employers cannot terminate the employment of a pregnant woman for any reason. Such an act is punishable with a fine and imprisonment for up to 3 months. This provision ensures that pregnant women can continue to work without fear of discrimination.
7. LPG cylinder explosion insurance cover:
LPG consumers are entitled to claim insurance coverage of up to Rs 40 Lakh in case of loss of life or property damage due to cylinder explosions. This cover extends to the entire family and provides financial protection during unfortunate incidents.
8. A police can't refuse to lodge an FIR:
If the police fail to register a First Information Report (FIR) when a complaint is made, they can face suspension and even imprisonment. This emphasizes the importance of prompt action by law enforcement authorities to ensure justice for victims.
9. Single men cannot adopt a girl child:
As per Indian law, a single man is not eligible to adopt a girl child. Adoption regulations aim to provide a conducive environment for the welfare and upbringing of children.
10. Limitation Act, 1963:
In case of non-payment of dues by an employer, you have the right to file an FIR within three years from the date of non-payment. However, after the three-year period, the claim may not be considered.
11. Delhi Rent Control Act, 1958, Section 14:
If you reside in Delhi, your landlord cannot forcefully evict you without prior notice. The law ensures that tenants are protected from arbitrary eviction and have the opportunity to prepare for any changes in residence.
12. Production before the magistrate in 24 hours:
If an individual is arrested for a cognizable offense, they must be produced before a magistrate within 24 hours. Failure to do so can result in the individual's release, regardless of the offense committed. This provision safeguards against unlawful detention.
13. The Equal Remuneration Act (1976):
This act prohibits discrimination in terms of remuneration based on gender. It ensures that both men and women receive equal pay for the same work or work of similar nature. The act also prohibits discrimination in promotion, transfer, and training.
14. The Maternity Benefit Act (1861):
The Maternity Benefit Act grants female employees the right to paid maternity leave during pregnancy. The duration of maternity leave has been increased to 26 weeks (6 months) from the previous 12 weeks (3 months). Eligibility for maternity leave requires a minimum of 80 days of work in the preceding 12 months.
Conclusion:
As college students, understanding our rights is essential for asserting ourselves, promoting equality, and safeguarding our well-being. By being aware of these 14 basic laws and rights, we can actively contribute to creating a just and inclusive society. Let us exercise our rights responsibly and encourage others to do the same, ensuring that the principles of justice and equality prevail in our communities.
Disclaimer:
The information provided in this blog is for informational purposes only. While we have made every effort to ensure the accuracy and reliability of the information, it is important to note that laws and regulations are subject to change. The legal landscape is dynamic, and amendments or modifications to existing laws can occur.
This blog does not constitute legal advice, and we strongly recommend consulting with a qualified legal professional for a proper understanding of your legal rights and the current applicable laws. Each individual's situation may vary, and specific legal advice tailored to your circumstances is essential.
We do not assume any responsibility or liability for any actions taken based on the information provided in this blog. It is always advisable to seek professional legal counsel to address your specific legal concerns and to stay updated with the latest developments in the law.
Remember, laws can vary from state to state and country to country. Therefore, it is essential to consult with a legal expert who is familiar with the laws of your jurisdiction to obtain accurate and up-to-date information.
By reading this blog, you acknowledge that you have read and understood this disclaimer, and you agree to release the authors, contributors, and website owners from any liability or responsibility for any consequences that may arise from your reliance on the information provided herein.
Please exercise caution and prudence when dealing with legal matters, and seek professional advice to ensure that your rights are protected and your legal obligations are fulfilled.
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