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Useful laws in Indian Constitution one must know

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In the 66 years since the Indian Constitution was adopted on this day in 1949, corruption and the lack of proper implementation of law and order has tarnished its very essence.

Average Indian citizens are not well informed about the laws listed in the world’s longest constitution, and as such, we continue to hesitate when faced with a situation which sets off our alarm bells.

Given below are the basic laws and rights which every Indian must be made aware of:

 ARRESTS

  1. Ignorance of the law won’t stop one from being arrested.
  2. A person must always be informed the grounds on which he is being detained or arrested prior the arrest being made, and provision should be made for the person to get a lawyer for defense.
  3. The 1861 Police Act states that a police officer is always on duty, whether he is in uniform or not.
  4. No arrested person can be detained beyond 24 hours, and has to be brought in front of a judge or magistrate within that time.
  5. A policeman who fails to note your complaint can receive imprisonment of six months to two years.
  6. Proper identification must be visible on a policeman carrying out arrests or interrogation.
  7. Only female police officers are allowed to escort women to the police station. No male police officer can touch a woman or arrest her from 6pm-6am, except in case of serious crimes where a magistrate’s written permit would be required.
  8. According to the Income-tax Act, 1961, the Tax Recovery Officer has the right to arrest you in case you violate any tax regulation. He also decides when you are to be released.

 VEHICLES

  1. Under Section 121 of the Motor Vehicles Act, it is mandatory for a driver to signal his/her intention before stopping or turning. Even though this law is barely implemented, one can very well be punished for its breach.
  2. A policeman in uniform can arrest you without a warrant if he feels you are indulging in drunk driving or are driving in a dangerous manner.
  3. If you have been fined on the road once, the challan slip will let you escape any other heavier road fines for the day.
  4. Vehicles which do not have a motor do not fall under the umbrella of the Motor Vehicles Act.
  5. During elections, political parties are allowed to ask for your vehicle for campaigning purposes after agreeing on a settlement.

 MARRIAGE AND RELATED ISSUES

  1. Live-in relationships are not illegal in India. Women who are living-in are even protected under the Domestic Violence Act, and children born of the union also have inheritance rights. Read here for more details on the laws regarding live-in relationships.
  2. If either of the partners refuses sex after marriage, it constitutes as ‘mental cruelty’ and is seen as one of the grounds for divorce.
  3. Under Section 497 of the IPC, adultery is illegal. A man having sex with a married woman can receive 5 years of imprisonment. However, a married man having sex with an unmarried woman is not considered a crime.
  4. Illegitimate children inherit the father’s property and can claim maintenance.
  5. Whatever gifts– constituting money or jewellery– that a bride receives in marriage, from her own parents or those of the groom’s, becomes her property by law.
  6. Consensual premarital sex is not illegal if the girl is more than 16 years old.
  7. In case of marriages under the Muslim law, the man would be legally allowed to keep 4 wives. The woman can be divorced by saying the word ‘Talaq’ thrice. Moreover, women have no maintenance rights from their husbands after divorce.

 ADOPTION

  1. According to the Hindu Adoptions and Maintenance Act, 1956 you cannot adopt a son or a daughter if you already have a child of the same sex(whether adopted or biological).
  2. The parent and the adopted child must have a minimum age gap of 21 years.
  3. The child to be adopted must be younger than 14 years.
  4. The minimum age of either parent has to be more than 25 years and their cumulative age cannot be more than 110 years.
  5. A single male cannot adopt a girl child.


PROPERTY

  1. According to the Hindu Succession Act, if a Hindu man dies without having made a will, his property will pass on in equal proportions to his mother, wife, and children.
  2. After the 2005 Amendment of the Hindu Succession Act, women have equal rights to ancestral property.
  3. A person can give away his self-acquired property to even a stranger, but only through a will. However, he has no hold over his ancestral property, though he can give away his own share in the property, if he so wishes.

PUBLIC DISPLAY OF AFFECTION (PDA)

Police harassment in cases of PDA is very common as the law states that obscenity in public places is punishable by a three-month jail time, even though what constitutes this ‘obscenity’ hasn’t been clearly demarcated.

PORNOGRAPHY

Possessing pornographic material or watching porn is not illegal in India. However, circulating it in any manner—selling, distributing, letting for hire, exhibiting publicly—is punishable.

BRIBES AND GIFTS

Bribes are often cleverly disguised as ‘gifts’. If discovered, both the giver and taker of the bribe could serve 6-7 years of jail time. Read about the Foreign Contribution Regulation Act, 2010 here.

ALCOHOL

  1. If you refuse to give a breath test when asked by a policeman, you can be arrested without a warrant on suspicions of being inebriated, unless you are hospitalized.
  2. Different states in India have different legal drinking ages. Read here for details.

CRIMINAL OFFENSES

The Criminal Law Act underwent significant changes in 2013 and each crime was defined under separate sections. Acid attack or its attempt, sexual harassment, voyeurism, intention to disrobe a woman, sexual harassment and stalking can all incur jail terms. Read here for details.

WOMEN

The Delhi police has issued guidelines which provide women the opportunity to lodge complaints via email or even post if they don’t want to go to the police station.

LIMITATION ACT

According to the Limitation Act, If a person contracted to pay you hasn’t done so, you need to file a report within 3 years, after which your claim will be dismissed.

CHEQUE BOUNCE

If you have received payment via a cheque, which later bounces, you should immediately contact a lawyer and give a legal notice to the person who is supposed to pay you. If you do not receive payment within 15 days of the legal notice, you can file criminal charges against the person and he might go to jail for it.

ARBITRATION

The arbitration clause in any agreement provides the parties with the option of appointing an independent arbitrator to solve any disputes, without having to go to the court. However, this clause closes the court doors for good, and with it, also makes sure that you won’t be able to avail the three-tier appeal process. Appeal can be made in arbitration in very few cases, and an arbitral decision is binding on the parties, just like a court decision.

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Decoding Reservation in India: Is it a Constitutional Flaw or Unnecessary Favor?

The idea of 'reservation' has generated contradictory views from teachers and students all around the world

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Representational image. Pixabay

November 12, 2016: The word ‘reservation’ came up with the idea of representative government, where for the first time numbers mattered. The inequality of Indian society has solidified the need for numeric representation. The caste based representation, no doubt created a more confident lower class mass with their greater involvement in the public sphere. Reservation in education has evolved as a major challenge for lakhs of students. Far from providing an equal opportunity it has an electoral agenda. Education has been politicized based on reservation.

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However, the backward class proportion is still underrepresented. Article 15 (1) of the Constitution says, “State shall not discriminate any citizen on grounds of religion, race, caste, sex, place of birth or any of them”, it also provides for compensatory or protective discrimination in favor of certain sections of the disadvantaged people. Article 15(4) of the constitution stipulates that notwithstanding the provision stated above, the state can make “special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes”. Thus constitution itself provides contradictory clause.

The idea of ‘reservation’ has generated contradictory views from teachers and students all around the world. ‘Caste should no longer be the eligibility criteria for reservation, rather income should be’ said HemangoAkshayHiwale, an M.phill aspirant in Jamia Millia Islamia University. Prakash, another student of same university claims reservation as a ‘good thing but in present scenario in India need to be reformed.’

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In August 1999, the Supreme Court ruled that for admissions at super-specialty level in medicine and engineering faculties, no special provisions like SCs, STs, BCs were permissible. Even among the quotas there are also sub-quotas. For example, in Andhra Pradesh, 15% of the seats in each course of study reserved for Scheduled Castes are in turn allotted, in proportion to their population, to four categories of SCs classified as A, B , C and D.

This affirmative step has so far brought with it social justice. US Carnegie Mellon University, published a study in American Economic Review, which shows that reservations do place those who do not qualify for affirmative action at a disadvantage, 53,374 scheduled caste, scheduled tribe, other backward classes and general category students are at a loss.

Reservation in the past decades has increased the numbers of scheduled castes and scheduled tribe families with highly educated members, who can encourage and provide support for younger family members to continue their education. Thus, reservation in education as of now is more of a luxury scheme for these classes as the benefit is only confined to a limited population, whether they need it or not. The real needy ones are at a loss to whom the information or the financial access is debarred.

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Instead of favoring reservation, the government should increase the number of universities and government jobs for the benefit of its people. Nationalization of education can also be a solution to this issue. When the discrepancies within the universities are omitted; i.e. equal access to education without compromising the quality of education the disadvantaged students in remote areas will get justice. The proliferation of universities in villages with good teachers can also be an alternative.

Reservation should not be treated as a vote bank or an emotional quotient but a practical measure to help the lower section of the society. It should be kept in mind that the extended favor to the marginalized section might create an insufficiency for the other classes. With the critical Indian class structure, it should be kept in mind that any reform of upliftment will be judiciously measured before its implementation.

by Saptaparni Goon of NewsGram. Twitter: @saptaparni_goon

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Swarna Bhartiya Party launches new website, commits to bringing liberty

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New Delhi: Swarna Bhartiya Party(SBP) on the occasion of India’s 67th Republic Day launched its new website named  http://swarnabharat.in.

The party released a statement congratulating the nation on the Republic day and pledged to keep working to achieve the liberty embedded in the preamble of the Indian constitution.

The party said the motive behind having all the struggle for freedom from British rule was the desire to live as free people. But this idea has been hurt by successive governments after that.

SBP is a registered political party since mid-2014 when the Election Commission of India registered it.

Party statement said that it is committed to bringing a total reformation in Indian governance system and take the country to greatness.

Sanjeev Sabhlok, an ex-IAS officer and liberal political activist, is the instrumental figure behind the origin of the Swarna Bhartiya Party. He aims to use the website to increase the reach of the party which will contribute to the ultimate goal of achieving liberty in India.

Sanjeev Sabhlok announced on twitter of the arrival of the new website.

The party used tweeted about the announcement of the new website.

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Modi calls for upholding national integration

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Picture Courtesy:-indianexpress.com

New Delhi: Prime Minister Narendra Modi has called for a united effort to push national  integration  via a programme titled Ek Bharat, Shreshtha Bharat – under which every state can observe a year dedicated to another state. During this period, culture and language of the other state would be highlighted.

Why not teach Malayalam alphabets to children in schools in Chhattisgarh or show Malayalam movies in Chhattisgarh?

Prime Minister Narendra Modi further said on Tuesday that it is easy to get divided, but instead opportunities must be sought to unite.

Concluding the debate in the Rajya Sabha to mark the 125th birth anniversary celebrations of BR Ambedkar, one of the prime architects of the constitution, Modi said: “The mantra of unity should be in focus… There are many excuses to be divided, but we must look for opportunities to be united.”

The prime minister said the decision to mark Constitution Day was to make future generations aware of the constitution and pay respect to the eminent people who formulated it.

He noted that Ambedkar helped to frame a constitution that stands for social justice but added that it would not work unless those values are inculcated in the society.

The constitution Babasaheb (as Ambedkar is popularly called) made has social justice… But it will not be effective if the society is not ready to change. Social awareness is also needed, and this is the message that should go from the house,

Modi said the patriotism of Indians could never be doubted.

No one can doubt the patriotism of 1.25 billion Indians, nor does anyone need to give any proof of his patriotism every day, Modi said.

The discussion started in the upper house on Friday.

(Inputs from IANS)