Basic Indian law:
When a person hears the word "Legal Education", a picture which is framed in his mind of lawyer or a law student or court or similar to all these. We keep ourselves away from all these things, by convincing our self saying that all these stuff is not our cup of tea. Lack of knowledge is the main reason that certain rights of a person get violated so easily. It has been said that "Knowledge is the Power", and indeed it is not wrong. An educated person would be well aware of his rights which no one can take away from him, but what about those persons who do not have any such knowledge and are exploited easily?
Rights granted to a person being arrested
- The arrestee has right to be informed about the full particulars or grounds for the arrest.
- The arrestee has right to consult the legal practitioner of his/her choice and to be defended by him.
- The accused must be produced before the nearest magistrate within 24 hours of arrest (The time period excludes the time consumed in travel.)
- The arrestee has right to inform a friend or relative or any other person, who is known to him/her and is likely to take interest in his/her welfare, about his arrest and place where he is being detained.
- A woman cannot be arrested before sunrise or after sunset except with prior permission of a magistrate.
- A woman can only be taken into custody in presence of a woman police officer as far as practicable and the arrest must be affected with proper dignity.
- No beatings or force can be administered while arresting a juvenile or a child.
- Section 24 repealed: Certain widows remarrying may not inherit as a widow –
In classical Hindu law, certain female heirs if they had remarried after the death of their spouses, before the succession opened were disqualified from inheriting the property of the deceased intestate, for being unfaithful to their obligations widows. Under the Hindu Widow Remarriage Act, 1956, if a Hindu widow remarried, she could not inherit the property of her deceased husband.
Under this Section of the Act, only three female heirs were disqualified on such grounds, namely:
- Son's widow
- Son's son's widow
- Brother's widow
Now, this Section has been omitted, rendering such disqualification null and void, which is a great diversion from Hindu traditional law.
Legal Rights: Discrimination at Workplace:
Indian women are often deprived of promotions and growth opportunities at work places but this doesn’t apply to all working women. A majority of working women continue to be denied their right to equal pay, under the Equal Remuneration Act, 1976 and are underpaid in comparison to their male colleagues. This is usually the case in factories and labour-oriented industries.
Legal Rights: Working Women Can Claim Maintenance
A woman’s legal right to claim maintenance from her husband is recognized under section 125 of the Criminal Procedure Code. Section 24, of the Hindu Adoption and Maintenance Act, 1956, entitles a woman to claim maintenance from her estranged husband. Also, the claim for maintenance is extendable to her minor children. Further, these laws provide that maintenance can be claimed even prior to divorce, during separation.
Emergency Contact for Police
Contact for Legal Doubts
Advocate smt Savita Balasubramanian
Email : email@example.com