Know Your Rights

FUNDAMENTAL RIGHTS

Constitution of India guarantees certain fundamental rights to the citizens of India. These rights are essential for the all-round development of the individual personality. Taking inspiration from the magna carta, bills of rights of England, declaration of men and citizen of France and the incorporation of fundamental rights chapter by the Americans in their constitution, the framers incorporated a long list of fundamental rights in the Indian constitution. The guarantee of certain basic rights of the individual and quick and convenient means to enforce them is the irreducible minimum for a democratic setup. Almost all written constitutions of the world contain declaration and guarantee of such rights in some form or the other. Fundamental rights by their very nature impose limitations upon the legislature and executive. Fundamental rights protects the individuals against the might of the state.

In maneka Gandhi versus union of India, Add page number 619 dealing with the importance of fundamental rights, bhagavati J. observed these fundamental rights present the basic value cherished by the people of the country since Vedic times and they are calculated to protect the dignity of the individual and create conditions in which human being can develop his personality to the fullest extent.

Fundamental rights guaranteed by the Indian constitution dash the fundamental rights embodied in Part 3 of the constitution may be classified as follows:

right to equality articles 14 to 18.
right to freedom articles 19 to 22.
right against exploitation articles 23 to 24.
rights to freedom of religion article 25 and 28.
cultural and educational rights articles 29 and 31.
right to constitutional remedies article’s 32 to 35.

Objective fundamental rights – the object of fundamental rights it’s to provide security and equality of citizenship for the people living in the land and thereby help the process of nation building they provide standard of conduct, citizenship, justice and fair play. Further, play the object behind the grant of fundamental rights is to establish rule of law so that the tyranny of majority does not oppress the minority. Fundamental rights impose an obligation upon the state not to encroach upon the individual liberty.

Dibasic an unalienable right guaranteed in Part 3 of the constitution in the name of fundamental rights or however, not absolute rights. They are subject to the limitation’s song provided in the constitution itself. The constitutional empowers the state to impose reasonable restrictions on these rights in the interest of the public. Whether the restriction imposed by law are reasonable or not is a question to be decided by the courts in each case which comes before it. further, these rights can also be suspended when the proclamation of emergency is declared under article 352 of the constitution.

The rights enumerated in Part 3 of the constitution are guaranteed against state action and not against private individual. Barring a few exceptions, the fundamental rights guarantees to the individuals play are limitations on the state action play. articles 15 2 (a), (b) an article 17 they are not meant to protect persons against the conduct of private persons. Against the actions of the private individuals a person can seek remedy under play the ordinary law of the land. It is against the might of the state that individual needs constitutional protection.

Circumstances under which fundamental rights can be curtailed or suspended –

the parliament can restrict or abrogate by law the fundamental rights in their application to the members of the armed force, or force charged with the maintenance of public order with a view to ensure proper discharge of their duties and maintenance of discipline among them article 33.

Fundamental rights can be curtailed or restricted when martial laws is in force in any area article 34.

During the period in which the proclamation of emergency is in operation, the right conferred by article 19 are suspended (article 358). An order made as aforesaid may extend to the whole or any part of the territory of India. Every such order shall as soon as be maybe after it is made, be laid before each House of parliament article 359.

All or any of the fundamental rights can be curtailed, suspended or modified buy an amendment of the constitution itself under article 368 enter.

In simple words right means the standard of permitted action within a certain sphere. As a legal term, it means the standard of permitted action by law

Holland defines legal right as the capacity residing in one man or controlling, with the ascent and assistance of the state the action of others.

According to Austin rights faculty which resides in a determinate party or parties by virtue of a given law and which appeals against the party or parties other than the party or parties in whom it resides.

Grant defines a legal right as that power which A man has to make a person or persons do a refrain from doing a certain act or certain acts, so far as the power arises from society imposing a legal duty upon a person or persons.

Ihering defines rights as legally protected interests.

According to Salmond right is an interest recognised and protected by rules of right that is by legal rules.

WHAT ARE HUMAN RIGHTS?

According to Louise Hankin, human rights are rights of individuals in society. Every human being has legitimate, valid, justified claim upon his or her society to various goods and benefits they are defined particular claims listed in international instruments deemed essential for individual wellbeing, dignity, and fulfilment and that reflect a common sense of justice, fairness and decency.

According to section 2 of the protection of Human Rights Act 1993, human rights mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or in the international covenants and enforceable by courts in India. According to Universal Declaration of human rights the expression human rights denotes all those rights which are inherent in our nature and without which we cannot live as human beings.

Article one of the Universal Declaration of human rights states all human beings are Born Free and equal in dignity and rights. they endowned with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2 of the Universal Declaration of human rights provides that everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, colour, sex, language, religion, political our other opinion, national or social origin, property, birth or other status

MEANING OF HUMAN RIGHTS –

Human rights are those rights that individuals have by virtue of their existence as human beings. The right to life itself and the basic necessities of food and clothing may be considered fundamental human rights.

CHARACTERISTICS OF HUMAN RIGHTS –

Are legally protected
Have been internationally guaranteed
Are equal, indivisible and interdependent
Cannot be waived out taken away
Impose obligations of action and omission, particularly on states send state actors
Focus on the inherent dignity and equal worth of all human beings
Human rights by their very nature are universal.

LEGISLATIONS IN INDIA TO PROTECT HUMAN RIGHTS –

Protection of Human Rights Act, 1993
Child marriage restraint act,1929
Children Act 1961
Dowry prohibition act, 1961
Maternity benefit act, 1961
Cast disabilities removal act, 1950
The National Commission for backward classes act, 1993
National Commission for minorities act, 1992
Juvenile justice (care and protection of Children) Act, 2000 and rules 2007
Protection of women from domestic violence act, 2000
Immoral traffic prevention act, 1956
The Commission for protection of child rights Act, 2005
Minimum wages act, 1948
Mental Health Act, 1987 equal
Equal remuneration Act, 1976
Immigration act, 1983
Maintenance and welfare of parents and senior citizens Act, 2007
Environment Protection act, 1986
Right to Information Act, 2005
Prohibition of child marriage act, 2006
Indecent representation of women (prohibition) act,1986
National commission for women act,1990
Representatives of the people act, 1950
National rural employment guarantee act, 1995
Foreigners act, 1946

These are some of the legislations which are added in constitution of India to protect human rights or for protection of human rights.

SIMILARITIES BETWEEN UNIVERSAL DECLARATION OF HUMAN RIGHTS IN INDIA AND PROVISIONS IN THE CONSTITUTION-

Both encourages equality and brotherhood.
Both banned discrimination on the basis of race religion sex etc.
Both ensures right to life liberty and security of person equality before law
Protection against arrest and detention in certain cases protection in respect of conviction for offences.
To decide and settle in any part of the territory of India
Right to own property and protection from arbitrary deprivation thereof
Right to freedom of religion
Right to freedom of opinion and expression
Right to freedom of peaceful assembly and association
Right to Social Security
Right to equal pay
Right to just and favourable remuneration
Right to one property and protection from arbitrary deprivation thereof
Right to form and to join trade unions
Right to rest and leisure
Right to a standard of living, adequate for the health and wellbeing
Right to education
Right to participate in the cultural life of community
Entitlement to a social and international order in which rights ca

Fundamental rights and human rights both type of rights are formed with the aim of protecting individuals against the might of the state and that an adequate atmosphere is given to the individuals to live in the society.

CONSUMER RIGHTS IN INDIA –

Consumer Protection Act 2019 was notified on august 9^th 2019, but it came into force on 20^th July 2020.

Some of the main features of the Consumer Protection Act, 2019:

Amicable settlement of disputes through easy methods.
Settlements of dispute through mediation.
Strict norms for misleading advertisement.
Strict norms for product liability.
Formation of a Central Consumer Protection Authority (Ccpa)

Consumer – according to consumer protection act section 2(1)(d), “consumer” means any person who,—(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) 12 [hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 12 [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person 13 [but does not include a person who avails of such services for any commercial purpose]

But the following categories of people are not considered as consumers:

A person who avails services under contract of service
A person who avails services for any commercial purposes
A person who avails services free of charge.
A person who gets goods free of charge
A person who obtains goods for resale or for any commercial purposes

RIGHTS THAT ARE GUARANTEED UNDER THE CONSUMER PROTECTION ACT:

Right to consumer awareness.
Right to choose.
Right to be heard.
Right to seek redressal.
Right to be informed.
Right to safety.

WHO CAN MAKE A COMPLAINT UNDER THE CONSUMER PROTECTION ACT?

A consumer.
Consumer association registered under law.
Central authority.
A large number of consumers having a same interest.
Legal heir of the consumer after his/her death.
Central or state government.
A parent or a legal guardian when the consumer is a minor.
Legal representative of a consumer.

COMMISSIONS FOR REDRESSAL OF CONSUMER DISPUTES:

PECUNIARY JURISDICTION OF THE COMMISSIONS:

RIGHTS OF PRISONERS IN INDIA

The rights guaranteed in the part III of Indian Constitution are available to prisoners; because a prisoner is treated as a person in prison. So, he/she will get all the fundamental rights that are given to the citizens of India and are guaranteed by the constitution.

Rights Of Prisoners in India Under The Prisons Act, 1894

Prisons Act of 1894 is the first legislation regarding prison regulation in India. This Act mainly focuses on the reformation of prisoners in connection with the rights of the prisoners.

Rights of prisoners under Prisons Act, 1894:

Accommodation and sanitary conditions for prisoners.

Provision for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison.
Provisions relating to the examination of the prisoners by qualified Medical Officer.
Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and under-trial prisoners.
Provisions relating to the treatment of under-trials, civil prisoners, parole and temporary release of prisoners.

In the year of 2016, The Parliament has passed the Prisons (Amendment) Bill, 2016 to amend the Prisons Act, 1894 with a view to providing protection and welfare of the prisoners.

ACTS IN INDIAN LAW FOR WELFARE OF PRISONERS:

LEGAL PROVISIONS UNDER INDIAN CONSTITUTION FOR PRISONERS:

Article 14: equality before law or the equal protection of laws.
Article 19: six freedoms are guaranteed under this article,

freedom of speech and expression.
Freedom to assemble peacefully without arms.
Freedom to form associations and unions.
Freedom to move throughout the territory of India.
Freedom to reside and settle in any part of India.
Freedom to practice any profession or to carry any occupation, trade or business.

Article 21: no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Right to privacy.
Right to live with human dignity.
Right to speedy trial.
Right to reasonable wages.
Right to meet friends and consult lawyer.
Right to legal aid.
Right to health and medical treatment.
Narco analysis and brain mapping methods are held unconstitutional by the Hon’ble Supreme Court of India (Seli. State of Karnataka (2010 right To Reasonable Wages case).
Rights to receive books and magazines in prison.