Human Right
Human rights are commonly understood as “inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being.” Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights , in both national and international law .
Civil Right
The following are some of the important civil rights.
Right of Life
It is the most fundamental of all civil rights. Man must live first before he can do anything. The State must make adequate provision for the personal safety of its citizens. This right also implies the right to self-defense and prevention of suicide.
Right to Liberty
This right implies free movement. Every citizen has complete freedom to move within the State. None can be detained arbitrarily without trial and there must be provision for redress of wrongful arrest: In India if anybody is arrested by the government, he must be ordinarily put before the nearest magistrate within 24 hours of his arrest.
Right to Property
Property in democracy is regarded as a sacred institution. It creates a sense of possession and an incentive to work. It is reward for one’s ability and is essential for the good of man and society. Machiavelli once said, “Man may forget the murder of his father but he will never forget the loss of his property”. The communists, of course, advocate the abolition of property. However, all democratic States guarantee this right to their citizens.
Right to Contract
The right to contract means that every citizen can live, work, earn and freely contract on the basis of equality with other citizens. Contract is a mutual agreement between two or more parties imposing some obligations on each other. This contract is the essential basis of society.
Right to Freedom of Speech
Right to freedom of speech is a primary necessity of man. There can be no society unless its members are free to express their opinion and exchange their views without restraints. The citizens have, therefore, the right to freely criticize the policies and actions of authorities.
Freedom of Press
The right to freedom of press is closely associated with right to freedom speech. It means the right to publish what a man can lawfully speak. Opinion of the citizens can be published in newspaper and pamphlets. Newspapers are the most powerful organ in modern democracy to mould public opinion. Free discussions and criticisms are essential for the success of democracy.
Right to Form Association
Man lives in group and forms associations. He has different aspects of life and each aspect may be represented in an association. This is what is called the “split” personality of man. The State is regarded as a political association. However, it is not the only association in the society. There are other associations like cultural, educational, philanthropic and religious associations in a society. Men have right to form associations.
Right to Religion and Conscience
Religion is deeply rooted in the nature of man. An individual should be free to follow any religion he likes. He should have complete liberty of belief and worship. The State has nothing to do with the religions of citizens. Many of the modern States are, therefore, secular States.
Right to Culture and Language
Every citizen will follow and develop his own culture and language. The minorities in a democracy should be allowed to protect their rights and privileges. In the Indian Constitution, there is provision for educational and cultural rights. A citizen in India is allowed to preserve his language, script and culture. He is also free to be admitted in any educational institution situated in the country.
Right to Equality
It means the absence of legal discrimination against any individual, group, class or race. All should be equal in the eyes of law and all should get equal protection of law. The State should not discriminate against any citizen on grounds of religion, race, language, caste or sex. Right to Equality is a fundamental right in the Indian Constitution.
Right to Family
The last but not the least, is the right to family. The family system brings some social virtues in man. Family is often called the “cradle of civic virtues”. The right to family is therefore, one of the elementary rights and it provides for the fight to marriage, the right to maintain the purity of such marriage, the right to custody and control of children and the right of inheritance.
These are some of the important civil rights of a citizen in a modern State. These rights are not absolute. They can be restricted for the interest of the State. Even the rights to life, liberty and property are restricted by the state during war and emergency. During the time of war and emergency, it is the duty of all citizens to protect and uphold the sovereignty of the State, even if they have to sacrifice their lives.
Right to Consumer Education
Means the right to acquire the knowledge and skill to be an informed consumer throughout life.Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.
Women Right
10 Legal Rights every woman must know
Knowing the times that we are in, we give you, yet again, an overview of some important legal rights for women that every one must be aware of.
Free legal aid
Exercise your right to free legal aid. Often, women go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR. “According to a Delhi High Court ruling, whenever a rape is reported, the SHO has to bring this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim,” says Saumya Bhaumik, women rights lawyer.
Right to privacy while recording statement
Under section 164 of the Criminal Procedure Code, a woman who has been raped can record her statement before the district magistrate when the case is under trial, and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is not crowded and does not provide any possibility of the statement being overheard by a fourth person. The cops have to, by law, upkeep the woman’s right to privacy. It’s important for the person to feel comfortable and not be under any kind of stress while narrating the incident.
Time doesn’t matter
The police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident of rape or molestation took place. If the police tells you that they can’t lodge your FIR since you didn’t report it earlier, do not concede. “Rape is a horrifying incident for any woman, so it’s natural for her to go into shock and not want to report it immediately. She may also fear for her safety and the reputation and dignity of her family. For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident,” says Tariq Abeed, advocate, Supreme Court.
Email to the rescue
According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can’t go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.
Cops can’t say no
Arape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. “Sometimes, the police station under which the incident occurs refuses to register the victim’s complaint in order to keep clear of responsibility, and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR,” says Abeed. This is a Supreme Court ruling that not many women are aware of, so don’t let the SHO of a police station send you away saying it “doesn’t come under his area”.
No arrests after sunset
According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. “Even if there is a woman constable accompanying the officers, the police can’t arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night,” says Bhaumik.
You can’t be called to the police station
Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. “The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends,” says Abeed. So, the next time you’re called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.
Protect your identity
Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim’s identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a sexual offense. Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as ‘victim’ in the judgment.
The doctor can’t decide
Acase of rape can’t be dismissed even if the doctor says rape had not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. “A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can’t decide on this,” explains Bhaumik.
Employers must protect
It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise 50% women as members. Also, one of the members should be from a women’s welfare group.
Rights to Freedom
The right to freedom is one of the most important fundamental right that have been granted to us by the founders of Indian Constitution. This right allow every citizen of India to be free from the ancient form of slavery. This fundamental right is described in the constitution as:
All citizens shall have the right-
To freedom of speech and expression
To assemble peaceably and without arms
To form associations or unions
To move freely throughout the territory of India
To reside and settle in any part of the territory of India
To practise any profession, or to carry on any occupation, trade or business.