rights

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Rights of an arrested person

Arrest means apprehension of a person by legal authority so as to cause deprivation of his liberty. Thus, after arrest, a person’s liberty is in control of the arrester. Arrest is an important tool for bringing an accused before the court as well as to prevent a crime or prevent a person suspected of doing crime from running away from the law. However, to ensure that this power is not used arbitrarily, several restraints have been put on it, which, indirectly, can be seen as recognition of the rights of a person being arrested.

RIGHTS OF AN ARRESTED PERSON: Read More…

Cultural and Educational Rights

Fundamental Rights: Cultural and Educational Rights

  1. Any section of the citizens having a distinct language, script or culture of its own shall have the right to conserve the same.
  2. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

All minorities, religious or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.

Right Against Exploitation

Fundamental Rights: Right Against Exploitation

1)      Abolition of trafficking in human beings, beggars or any other form of forced labor.

2)      Abolition of trafficking in humans for slave trade or prostitution.

3)      Children below the age of 14 years cannot be employed in dangerous jobs like factories and mines.

Protection of Life and Personal Liberty

Fundamental rights: Right to freedom:

PROTECTION OF LIFE AND PERSONAL LIBERTY:

No citizen shall be deprived of his life or personal liberty except according to the procedure established by law. Right to Life means the right to lead meaningful, complete and dignified life. It also includes:

Right to speedy trial , Right to go abroad, Right to privacy, Right against solitary confinement , Right against delayed execution, Right to shelter, Right against custodial death, Right against public hearing, Doctor’s assistance.

Protection in Respect of Conviction for Offences

Fundamental rights: Right to freedom:

PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES:

1)      Persons can be convicted of offences only relating to VIOLATION OF LAW.

2)      No person shall be prosecuted and punished for the same offence more than once. (DOUBLE JEOPARDY)

3)      No person who has been accused of an offence can be a witness against himself.

What can be a better example of understanding the concept of DOUBLE JEOPARDY other than the Hollywood movie “Double Jeopardy” itself. As shown in the movie, once a punishment has been served no person can be punished for the same offence again. This has been adopted in the Indian Constitution also and is OUR FUNDAMENTAL RIGHT UNDER RIGHT TO FREEDOM.

Right to Freedom

(1) All citizens shall have the right-

(a) to FREEDOM OF SPEECH AND EXPRESSION; other than those on which the state may impose reasonable restriction.

(b) to ASSEMBLE PEACEFULLY AND WITHOUT ARMS; other than those on which the state may impose reasonable restriction.

(c) to FORM ASSOCIATIONS OR UNIONS; other than those on which the state may impose reasonable restriction.

(d) to MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA; other than those on which the state may impose reasonable restriction.

(e) to RESIDE AND SETTLE IN ANY PART OF THE TERRITORY OF INDIA; other than those on which the state may impose reasonable restriction on for the interest of general public or protection of schedule tribes.

(f) to PRACTISE ANY PROFESSION, OR TO CARRY ON ANY OCCUPATION, TRADE OR BUSINESS other than those on which the state may impose reasonable restriction.

PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES:

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Fundamental Rights

As a common citizen the first thing you should acquaint yourself with are your fundamental rights. These are basic human rights provided in our Constitution and Violation of these rights results in punishments.

The constitution guarantees protection of our fundamental rights. If any fundamental right is breached we can move a writ directly to the HIGH COURT or SUPREME COURT.

1)      Right to equality

2)      Right to freedom

3)      Right against exploitation

4)      Right to freedom of religion

5)      Right to life

6)      Cultural and educational rights

7)      Right to constitutional remedies

STAND UP FOR YOUR RIGHT!! BE LEGALLY WISE!!