Your Laws Your Rights by Chandrakanta K - Mathur

Cover page
Chandrakanta K. Mathur, Ph.D., is Assistant Professor at the Shyama Prasad Mukherjee College,
University of Delhi, New Delhi. She is well published in the areas of Panchayati Raj System, The Rule of
Law and Rights and Role of Media in India. During her interactive teaching for more than a decade, Dr.
Mathurrealized that a textbook on “Laws and Rights in India is highly needed. She has written this
textbook “Your Laws Your Rights” to enrich the understanding on Laws and Rights that are essential
for every citizen of India. Furthermore, it is of great importance for female students especially from
weaker section as the book is largely focused on application of laws and rights. The last but not least this
book will be very useful for students studying at the undergraduate level as it encompasses all the topics
of paper “Ability Enhancement (Skill Based)“offered in the Undergraduate Course.
Shivalik Prakashan
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ISBN : 978-93-85144-88-2
Your Laws Your Rights
(CBCS Ability Enhancement/Skill Based)
Dr. Chandrakanta K Mathur
Shivalik Prakashan
Delhi-110007
Price: Rs. 150.00
Year of Publication: 2017
ISBN : 978-93-85144-88-2
No part of this book may be reproduced or utilized in any form or by any means without prior permission
from the Author.
© Dr. Chandrakanta K Mathur Publisher:
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Friends Graphics and Printed by R.K. Offset Printers, Delhi.
By : Dr. Chandrakanta K Mathur

Page v
Gandhiji's Talisman
I will give you a talisman. Whenever you are in doubt, or when the self becomes too much with you,
apply the following test.
Recall the face of the poorest and the weakest man whom you may have seen, and ask yourself, if the
step you contemplate is going to be of any use to him. Will he gain anything by it? Will it restore him to a
control over his own life and destiny? In other words, will it lead to swaraj for the hungry and
spiritually starving millions?
Then you will find your doubt and your self-melting away.
Source : Mahatma Gandhi [Last Phase, Vol. II (1958), P. 65]

Page vii
PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN,
SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens : JUSTICE, social,
economic and political; LIBERTY of thought , expression, belief, faith and worship; EQUALITY of
status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the
individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-
sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION
Page ix
PREFACE
The University of Delhi has introduced a new three-year undergraduate course in existing semester
system under the Choice Based Credit System from 2015-16 academic session. The three-year course
includes more or less uniform structure and similar content in Core, Elective, Discipline Specific Elective,
Generic Elective and Ability Enhancement/Skill Development papers across the University as suggested
by the University Grants Commission. The idea of launching this course was to develop an understanding
about the discipline as well as to improve the ability and skill to apply the understanding of the discipline
in day-to-day life. To accomplish the objective, the Department of Political Science, University of Delhi
also included one of the Skill Based papers named as “Your Laws, Your Rights” to be taught to the
Graduate (Hons) students. This paper and its content of syllabus are focused on such laws that have direct
relationship with the rights of different segments of society, particularly the deprived, discriminated and
marginalized segments. The fact is that laws are there and law implementing agencies are at work, but
ignorance on the part of the citizenry is the real hurdle which ultimately fails the purpose of laws to make
a society of equals, dignified and rights aware citizens. Public legal education restores security and
legitimacy, thus strengthening nation. In presumption that larger section of the society is legally not aware
about their rights and welfare schemes, this book is written. Since economically weaker section of
students cannot afford to buy many books/journals/ magazines/ on related topics, efforts have been made
to provide
Page x
all relevant comprehensive materials as per concerned syllabus of undergraduate 3rd /4th semester,
Political Science, University of Delhi in this textbook. Also, my book is intended for use by
undergraduate/postgraduate students of other Universities. The source of reading material is duly
acknowledged in bibliography.
This text book is primarily focused on rule of law and the criminal justice system in India, laws relating to
criminal justice administration, equality and non-discrimination based on gender, caste, class or disability,
empowerment through right to information or rights of consumers. Additionally, the text book has
addressed the redistribution, recognition and livelihood issues through rights of forest dwellers, issue of
women’s property rights and rural employment guarantee. Due to increasing digitization, the past decade
has witnessed several consumers’ friendly changes in availability of information and following processes
in procuring Adhaar card, Voter identity card, ration card, driving licence or various Government
Schemes such as Rashtriya Swasthya Bima Yojana and Indira Gandhi National Old Age Pension Scheme.
These are of paramount importance and hence included in the textbook.
Page xi
ACKNOWLEDGMENT
The continuous learning process during my teaching in Department of Political Science, SPM College,
University of Delhi, helped me a lot in writing this textbook. First and foremost, I sincerely thank my
undergraduate students who insisted me to write a book where they could find all the reading materials
related to a paper “your Laws and Your Rights”. The various sources consulted in writing this textbook
have been duly acknowledged in bibliography section.
I am indebted to Shri Sunil Sharma, a Magistrate in Karkuduma District Court who helped me to
understand the legal aspects of laws and rights in India. I am grateful to Professors of the Department of
Political Science namely Prof. Navnita Behra Chadda, Prof Ujjawal Kumar, Prof. Ashok Achrya, Prof
Sangeet Ragi and Prof Shri Prakash Singh and other faculty members for their inspirational words and
academic inputs that constantly enriched my academic persuits.
I take this opportunity to express my sincere thanks to my Principal Dr. Neeta Kumar and all the
colleagues of Department of Political Science, Shyama Prasad Mukherjee College, for their support and
cooperation. I express my sincere gratitude to my mentor Shri. S.S.P. Singh for encouragement as well as
critique that helped me to put my best forward. I am thankful to my Publisher Shri Virendra N. Tiwari
(Shivalik Prakashan) for his support and publishing this book.
And at last but not the least, acknowledgement for my parents (Father Shri Gendalal Mathur and Mother
Late Shrimati Rambeti)
Page xii
and my little family, husband Shri Suresh Kanojea and lovable sons Vishesh and Vihaan who always
been supportive. It is their great sacrifice and encouragement that have made it possible for me to come
out with this humble work in a short span of time. I hope this text will be helpful for students in
understanding about the contents of the paper, however, in case, any typing error and other mistake I
humbly owe all the responsibilities and open to future correction and improvement in next edition.
Dr. Chandrakanta K. Mathur
Assistant Professor
Shyama Prasad Mukherji
College University of Delhi

Page xiii
CONTENTS
PREFACE ix
ACKNOWLEDGEMENT xi
ABBREVIATIONS xv
CHAPTER ONE : RULE OF LAW AND THE CRIMINAL JUSTICE SYSTEM IN INDIA 19
CHAPTER TWO: LAWS RELATING TO CRIMINAL JUSTICE ADMINISTRATION 35
I. First Information Report (FIR) 43
II. Detention 45
III. Arrest 49
IV. Bail 51
CHAPTER THREE: EQUALITY AND NON-DISCRIMINATION 58
I. Gender: The Protection of Women Against Domestic Violence, Rape and Sexual Harassment 63
II. Caste: Laws Abolishing Untouchability and Providing Protection Against Atrocities 80
III. Class: Laws Concerning Minimum Wages 94
IV. Disability and Equality of Participation and Opportunity 99

Page xiv
CHAPTER FOUR: EMPOWERMENT 112
I. Access to Information 112
II. Rights of the Consumer 118
CHAPTER FIVE: REDISTRIBUTION, 131
RECOGNITION AND LIVELIHOOD
I. Traditional Rights of Forest Dwellers and 131
Issue of Women’s Property Rights
II. Rural Employment Guarantee 145
CHAPTER SIX: ACCESS TO IDENTIFICATION 150
DOCUMENTS AND SOCIAL SECURITY SCHEMES
I. Aadhar Card 151
II. Voter Identity Card 153
III. Driving Licence 160
IV. Ration Cards 168
V. Rashtriya Swasthya Bima Yojana 173
VI. Indira Gandhi National Old Age PensionScheme 178
SYLLABUS 180
SOME IMPORTANT QUESTIONS FOR 182
EXAMINATION
IMPORTANT QUESTIONS 185
BIBLIOGRAPHY 199
Page xv
ABBREVIATIONS
CJS Criminal Justice System
ROL Rule of Law
HC Habeas Corpus
IAAI International Airport Authority of India
SC Supreme Court
CBI Central Bureau of Investigation
CIDS Criminal Investigation Department of States
CPC Criminal Procedural Code
MCL Muslim Criminal Law
IG Inspector-General of Police
ACJ Administration of Criminal Justice
IPC Indian Penal Code
DC District Court
UNPFR United Nation Population Fund Report
FIR First Information Report
NCDHR National Campaign on Dalit Human Rights
POA Prevention of Atrocities Act
MWA Minimum Wage Act
FRA Forests Rights Act 2006
PESA Panchayats Extension to Scheduled Areas Act
RTI Right to Information

Page xvi
PIO Public Information Officer
CPA Consumer Protection Act 1986
CR Consumer Rights
CPA Consumer Protection Act
IFR Individual Forest Rights
CFR Community Forest Rights
MOTA Ministry of Tribal Affairs
MOEF Ministry of Environment And Forests
FRA Forest Rights Act
NREP National Rural Employment Programme
RLEGP Rural Landless Employment Guarantee Programme
JRY Jawahar RozgarYojana
EAS Employment Assurance Scheme
JGSY Jawahar Gram Samridhi Yojana
SGRY Sampoorna Grameen Rozgar Yojana
NFFWP National Food for Work Programme
NREGA National Rural Employment Guarantee Act 2005
MGNREGA Mahatma Gandhi National Rural Employment Guarantee Act
Cr. P.C Criminal Procedure Code
SC Supreme Court
CCPA Central Consumer Protection Authority
PIO Public Information Officer
PWD Person With Disability
CPC Consumer Protection Councils
CCPA Central Consumer Protection Authority

MB ACT 2017 Maternity Benefit (Amendment) Act 2017
PCPNDT Conception and Pre-Natal Diagnostic Techniques
FRA Forest Rights Act
PESA Panchayats Extension to Scheduled Areas

Page xvii
IFR Individual Forest Rights
CFR Community Forest Rights
MOTA Ministry of Tribal Affairs
MOEF Ministry of Environment and Forests
UIDAI Unique Identification Authority of India
RSBY Rashtriya Swasthya Bima Yojana
BPL Below Poverty Line

Page 19
CHAPTER-ONE
RULE OF LAW AND THE
CRIMINAL JUSTICE SYSTEM IN
INDIA
CONCEPT OF RULE OF LAW
The concept of Rule of Law is that the State is governed, not by the ruler or the nominated representatives
of the people but by the law. A country that enshrines the Rule of Law would be one where in the
grundnorm of the country, or the basic and core law from which all other law derives its authority is the
supreme authority of the State. The monarch or the representatives of the republic are governed by the
laws derived from of the grundnorm and their powers are limited by the law. The King is not the law but
the law is king.
The origins of the Rule of Law theory can be traced back to the Ancient Romans during the formation of
the first republic; it has since been championed by several medieval thinkers in Europe such as Hobbs,
Locke and Rousseau through the social contrAct theory. Indian philosophers such as Chanakya have also
espoused the Rule of Law theory in their own way, by maintaining that the King should be governed by
the word of law. The formal origin of the word is attributed to Sir. Edward Coke, and is derived from
French phase ‘la principe de legalite 'which means the principle of legality. The firm basis for the Rule of
Law theory
Page 20 Your Laws Your Rights
was expounded by Dicey and his theory on the Rule of Law remains the most popular. Dicey’s theory has
three pillars based on the concept that “a government should be based on principles of law and not of
men”, these are:
LAW IS SUPREME
This has always been the basic understanding of Rule of Law that propounds that the law rules over all
people including the persons administering the law. The lawmakers need to give reasons that can be
justified under the law while exercising their powers to make and administer law.
EQUALITY BEFORE THE LAW
While the principle of supremacy of law sets in place the checks and balances over the government in
making and administering law, the principle of equality before the law seeks to ensure that the law is
administered and enforced in a just manner. It is not enough to have a fair law but the law must be applied
in a just manner as well. The law cannot discriminate between people in matters of sex, religion, race etc.
This concept of the Rule of Law has been codified in the Indian Constitution under Article 14 and the
Universal Declaration of Human Rights under its preamble and Article 7.
PREDOMINANCE OF LEGAL SPIRIT
In including this as a requirement for the Rule of Law, Dicey’s belief was that it was insufficient to
simply include the above two principles in the constitution of the country or in its other laws for the State
to be one in which the principles of Rule of Law are being followed. There must be an enforcing authority
and Dicey believed that this authority could be found in the courts. The courts are the enforcers of the
Rule of Law and they must be both impartial and free from all external influences. Thus the freedom of
the judiciary becomes an indispensable pillar to the Rule of Law.
Page 21 Rule of Law and the Criminal Justice System in India
In modern parlance Rule of Law is to be seen as a system which safeguards against official arbitrariness,
prevents anarchy and allows people to plan the legal consequences of their actions.
RULE OF LAW UNDER THE INDIAN CONSTITUTION
In India, the concept of Rule of Law can be traced back to the Upanishads. In modern day as well, the
scheme of the Indian Constitution is based upon the concept of Rule of Law. The framers of the
Constitution were well familiar with the postulates of Rule of Law as propounded by Dicey and as
modified in its application to British India. It was therefore, in the fitness of things that the founding
fathers of the Constitution gave due recognition to the concept of Rule of Law.
The doctrine of Rule of Law as enunciated by Dicey has been adopted and very succinctly incorporated in
the Indian Constitution. The ideals of the Constitution viz; justice, liberty and equality are enshrined in
the Preamble itself (which is part of the Constitution).
The Constitution of India has been made the supreme law of the country and other laws are required to be
in conformity with it. Any law which is found violating any provision of the Constitution, particularly, the
fundamental rights, is declared void. The Indian Constitution also incorporates the principle of equality
before law and equal protection of laws enumerated by Dicey.
The very basic human right to life and personal liberty has also been enshrined under Article 21. Article
19(1) (a) of the Indian Constitution guarantees the third principle of the Rule of Law (Freedom of Speech
and Expression). No person can be convicted of any offence except for violation of a law in force at the
time of the commission of the Act charged as an offence is also very well recognized in the Indian
Constitution. The principles of double jeopardy and self-incrimination also found its rightful place in the
Constitution. Articles 14, 19 and 21 are so
basic that they are also called the golden triangle Articles of the Indian Constitution.
The Constitution also ensures an independent impartial Judiciary to settle disputes and grievances for
violation of fundamental rights by virtue of Articles 32 and 226. In Union of India v. President, Madras
Bar Association, the Supreme Court held that “Rule of Law has several facets, one of which is that
disputes of citizens will be decided by Judges who are independent and impartial; and that disputes as to
legality of Acts of the Government will be decided by Judges who are independent of the Executive.”
Justice R.S. Pathak of the Hon’ble Supreme Court has observed that “It must be remembered that our
entire constitutional system is founded on the Rule of Law, and in any system so designed it is impossible
to conceive of any legitimate power which is arbitrary in character and travels beyond the bounds of
reason.”
RULE OF LAW-Part of the Basic Structure of Indian Constitution
The Constitution (First Amendment) Act, 1951, shocked the status of Rule of Law in India. The question
which came up for consideration in Shankari Prasad v. Union of India was whether the fundamental rights
can be amended under Article 368. The Supreme Court held that Parliament has the power to amend Part
III bf the Constitution under Article 368 as under Article 13 ‘law’ means any legislative Action and not a
constitutional amendment. Therefore, a constitutional amendment would be valid if abridges any of the
fundamental rights.
The question again came up for consideration in Sajjan Singh v. State of Rajasthan in which the Supreme
Court approved the majority judgment in Shankari Prasad case and held that amendment of the
Constitution means amendment of all provisions of the Constitution. Hon’ble Chief Justice
Gajendragadkar held that if the framers of the constitution intended
to exclude fundamental rights from the scope of the amending power they would have made a clear
provision in that behalf.
However, both these cases were overruled by the Apex Court in Golaknath v. State of Punjab and it held
that Parliament has no power to amend the Part III of the Constitution so as to take away or abridges the
fundamental rights and thus, at the end the Rule of Law was sub-served by the Judiciary from abridging
away. However, the Rule of Law was crumpled down with the Constitution (Twenty-Fourth Amendment)
Act, 1971. Parliament by the way of this Amendment inserted a new clause (4) in Article 13 which
provided that ‘nothing in this Article shall apply to any amendment of this constitution made under Art
368’. It substituted the heading of Article 368 from ‘Procedure for amendment of Constitution’ to ‘Power
of Parliament to amend Constitution and Procedure thereof’. The Amendment not only restored the
amending power of the Parliament but also extended its scope by adding the words “to amend by way of
the addition or variation or repeal any provision of this constitution in accordance with the procedure laid
down in the Article”.
This was challenged in the case of Kesavananda Bharti v. State of Kerala, known as Fundamental Rights
case. The Supreme Court by majority overruled the decision given in Golaknath’s case and held that
Parliament has wide powers of amending the Constitution and it extends to all the Articles, but the
amending power is not unlimited and does not include the power to destroy or abrogate the basic feature
or framework of the Constitution. There are implied limitations on the power of amendment under Article
368. Within these limits Parliament can amend every Article of the Constitution including article can tang
Fundamental Rights. Thus, Rule of Law prevailed.
In Kesavananda Bharti v. State of Kerala , the Supreme Court States that “Our Constitution postulates
Rule of Law in the sense of supremacy of the Constitution and the laws as opposed to arbitrariness.” The
thirteen Judges Bench also laid down that the Rule of Law is an “aspect of the basic structure of the
Constitution, which is even beyond the reach of plenary powers of parliament”.
Rule of Law has been much expanded Since Kesavananda case, and applied differently in different cases.
In Indira Nehru Gandhi v. Raj Narain , the Supreme Court invalidated Clause (4) of Article 329-A
inserted by the Constitution (39th Amendment) Act, 1975 to immunise the election dispute to the office
of the Prime Minister from any kind of judicial review. The Court said that this violated the concept of
Rule of Law which cannot be abrogated or destroyed even by the Parliament.
The S.K. Shukla v. Jabalpur known as Habeas Corpus case, Habeas Corpus case according to many
scholars, is a black mark on the Rule of Law. The case entails Dicey’s third principle of Rule of Law. The
legal question in this case was whether there is any Rule of Law over and above the Constitutional Rule
of Law and whether there was any Rule of Law in India apart from Article 21 of the Constitution
regarding Right to life and personal liberty.
The majority Judges held that the Constitution is the mandate of the Rule of Law. They held that there can
not be any Rule of Law other than the constitutional Rule of Law. Excluding moral conscience, they held
that there cannot be any pre-/ post- Constitution Rule of Law which can run counter to the Rule of Law
embodied in the Constitution, nor can there be any Rule of Law to nullify the constitutional provisions
during the time of Emergency.
The majority Judges held that Article 21 is our Rule of Law regarding life and liberty. No other Rule of
Law can have separate existence as a distinct right The Rule of Law is not merely a catchword or
incantation. It is not a law of nature consistent and invariable at all times and in all circumstances.
In a powerful dissent, Justice H.R. Khanna observed that “Rule of Law is antithesis to arbitrariness...Rule
of Law is now the accepted form of all civilized societies...Everywhere it is identified
with the liberty of the individual. It seeks to maintain a balance between the opposing notions of
individual liberty and public order. In every State the problem arises of reconciling human rights with the
requirements of public interest. Such harmonizing can only be attained by the existence of independent
courts which can hold the balance between citizen and the State and compel governments to conform to
the law.”
With the Constitution (44th Amendment) Act, 1978 it has been laid down that even during emergency,
Articles 20 and 21 will not be suspended.
In Raman Dayaram Shetty v. International Airport Authority of India, the Supreme Court held that the
great purpose of Rule of Law is the protection of individual against arbitrary exercise of power, wherever
it is found. In re: Arundhati Roy, Justice Sethi observed that for achieving the establishment of the Rule
of Law, the Constitution has assigned the special task to the judiciary.
Over the years, the Courts applied used judicial Activism to expand the concept of Rule of Law. For
example, Courts are trying to establish a Rule of Law society in India by insisting on ‘fairness’. In Sheela
Barse v. State of Maharashtra the supreme Court insisted on fairness to women in police lock-up and also
drafted a code of guidelines for the protection of prisoners in police custody, especially female prisoners.
In Veena Sethi v. State of Bihar also the Supreme Court extended the reach of Rule of Law to the poor
who constitute the bulk of India by ruling that Rule of Law does not merely for those who have the means
to fight for their rights and expanded the locus standing principle to help the poor.
CRIMINAL JUSTICE SYSTEM IN INDIA
Criminal justice is system of practices, and organizations used by national and local government, directed
at maintaining social control to deter and for controlling crime, and sanctioning those who violate laws
with criminal penalties.
It is a known fact that every country of this world has its own legal setup, which aims for a nation whose
inhabitants are free from any kind of fear of crime. Promoting a secure life and cultured society is its
foremost principle. A legal system recognizes certain rights, prescribes duties for people and also
provides the means of enforcing the same. The legal system which enforces the same does it through a
machinery. This machinery is termed as Law Enforcing Machinery. It includes Judges, Advocates, para
legal personnel as well as various investigating agencies like the Police, Central Bureau of Investigation,
Criminal Investigation Department of States and many other preventive and enforcement agencies.
Together this machinery helps in combating the crime and the criminals. Normally, when a crime is
committed, the police department of that jurisdiction in which the crime has occurred is responsible for
bringing the culprits to the notice of the law. But there are situations in which crimes of very complex
nature and which are related with larger public interest need to be investigated. In such cases, either the
police department itself feels that such investigation is not their cup of tea or the law Suo Motto hands
over the case to Special Investigating Agencies. Here, the need of Special Investigating Agencies comes
into the picture. The Special Investigating Agencies have to work in a particular legal framework which
comprises of various Acts such as the Indian Penal Code, 1860 (I.P.C.), Evidence Act and Criminal
Procedural Code (Criminal Procedure Code, 1973 (Cr.P.C.)) and other special Acts. The Special
Investigating Agencies have to move stepwise on a staircase known as the legal framework. If a step is
not taken with utmost care, the legal setup can be disturbed and its tremors can be felt all over. For the
regulation and guidance of the law implementing machinery the father of all laws, i.e. Constitution of
India has been provided, which governs the principles and procedures according to which the law
implementing machinery works. All the investigating agencies have been equipped with wide range of
powers for combating the crime and the criminals. But only the proper use of
such power lead to an effective investigation. Abuse of power will lead to dissatisfaction and lack of trust
among the individuals of the society. Role of such investigating agencies is very wide, much far from the
thinking of a layman.
Historically the criminal justice system in India has evolved over a period of three thousand years.
Initially, the Law or Dharma as propounded in the Vedas was considered supreme in ancient India for the
King who had no legislative power. But gradually, this situation changed and the King started making
laws and regulations keeping in view the customs and local usages. The punishments during ancient India
were cruel, barbarous and inhuman. Regarding procedure and quantum of the punishments, there were
contradictions between various Smritis and in certain cases even among the provisions found in one
Smriti itself. The system of awarding punishments on the basis of varna (Class) contravened the concept
of equality of all human beings as propounded by the Vedas. The discriminatory system of inflicting
punishments and contradictory provisions in different legal literature made the criminal justice system
defective and confusing. During the Muslim rule in India though some scholars believed that monarchs
like Sher Shah Suri and Akbar to administer justice impartially, yet as a whole the administration of
justice during the Muslim period in India suffered from defects. The concept of equality was applicable
only to the Muslim population in India and thus the bulk of the population, i.e. non-Muslims, was
subjected to humiliating discrimination. The Hindus suffered in almost similar manner as the people of
lower varna (Class) suffered at the hands the people of higher (Class) among the Hindus. The major
defect of Muslim criminal law was that most of the crimes were considered private affairs of the
individuals. The criminal justice system developed by the Muslim rulers continued in India even after the
British took control of India. It was in 1860 that the codification of laws changed the discriminatory
provisions of Muslim criminal law. The British after assuming power in India found the then prevailing
criminal justice administration defective and decided to bring about drastic changes in it. Lord Cornwallis
made detailed studies of the existing conditions of the criminal justice
administration. He introduced many reforms to revamp the whole system. Lord Hastings took special
interest in reorganizing the police force to deal with the criminals and maintain law and order in the
country. Lord Bentinck created the post of District and Sessions Judge and abolished the practice of sati.
In 1843, Sir Charles Napier introduced a police system on the lines of Royal Irish Constabulary. He
created the post of Inspector-General of Police to supervise the police in the whole province.
Subsequently, the Indian Police Act of 1861 was enacted on the recommendations of a Commission that
studied the policing needs of the Government. They codified the existing laws; established the High
Courts and Prisons Laws. Thus, the British introduced reforms wherever necessary. They adopted new
principles by modifying the existing laws wherever required and made new laws where they felt it was
must. The institutions of police, magistracy, judiciary and jails developed during the British period still
continue without significant changes in their structure and functioning. It was only with the Constitution
of India coming into being that the right to equality before law was fully recognized and incorporated in
the Constitution as a Fundamental Right.
In a democratic country, the Constitution guarantees certain basic rights and liberties to the people while
criminal justice administration protects them by enforcing laws and punishing the offenders. If the
Constitution is a chariot then the four components of the criminal justice system, viz. the police, bar,
correctional services are its horses and judiciary as its driver. Harmonious efforts of all these four
agencies are essential for moving the Constitution towards its goal of establishing a just society in India.
COMPONENTS OF CRIMINAL JUSTICE SYSTEM
The Criminal Justice System has many components that make up its system. The police, corrections, and
the courts all play the role and Act together in trying to maintain the most respectable and functional
criminal justice system. A system where each uses their own judgments on how to play their role. The
views of each can vary from how they each feel the court system works and the integrity of it. Many
factors can play a role in the way in which these people feel on the Actual court system process. Such
factors being where they work within the system, if they are Judges, cops, lawyers or social service
officers can change the way they feel the system works. Factors of where they work geographically and
the views and opinions of those areas can also shape the way the person feels about the system.
Criminal Justice System Consists of Four Components :
They deal with different aspects of Crime Control in Society. They are as follows:
(I) PROSECUTION
The Law Givers - They delineate the parameters of behavior in society and define a crime according to
the perceptions and needs of society, prescribe the procedure for verification of deviance, investigation,
procedures for determining the guilt, nature and quantum of punishment.
The offender rights in the court proceedings that the right to have legal representation; the right to a
speedy trial; the right to be informed regarding the proceedings and the right to be heard. Since, the patrol
officers are who start many of the cases that go to court. They are the ones that should be interviewed on
whether or not the court system works, the court system has integrity and what would that specific officer
do to change the court system.
(II) THE LAW ENFORCERS
The Law Enforcers - The first contact an offender has with the Criminal Justice System is usually with the
police i.e., law enforcers who investigate a suspected wrong doing and make an arrest. All societies to
enforce their laws have a police service which is the primary law enforcement agency. They are charged:
• With maintenance of peace in society.
• To prevent and detect the occurrence of crime.
• To collect and present material evidence in proof of violation before judicial adjudicators.
• To assist in the administration of justice.
Law enforcement officer are responsible for legal duties like: Receiving and documenting reports of
crime within the agency’s jurisdiction; Investigating the reported crime; Gathering and holding evidence
of the crime; Arresting the alleged offended and conducting follow-up investigations as needed.
(III) JUDICIARY AD JUDICATORS OF GUILT
It acts as the protector of the constitution and ensures that all organs of the State follow the same. It serves
as the place where disputes are settled and justice is administered. It aims to ascertain and determine
whether a breach of law has in fact taken place or not. This has to be done on the basis of evidence
adduced and determine the guilt, extent of violation and prescribe such quantum of punishment that
would serve the purpose of reforming the citizen.
(IV) CORRECTIONAL ADMINISTRATION
This wing carries out the punishment awarded by the judiciary. Offenders are turned over to the
correctional authorities from the court system after the accused has been found guilty. Like all other
aspects of Criminal Justice, the administration of punishment has taken many different forms throughout
history. Governing philosophy of punishment is reformation and not retribution. Punishment may serve a
variety of purposes. First and foremost,
the incarceration of criminals removes them from the general population and inhabits their ability to
perpetrate further crimes. In fact, the new goal of prison punishment is to offer criminals a chance to be
rehabilitated. Criminal Justice System has adopted the concept of “Due Process”, in order to prevent
arbitrariness. Under this process, everyone is presumed to be innocent unless the guilt against him is
proved beyond reasonable doubt. All are equal before the eyes of law and fair and reasonable opportunity
should be given to the accused to prove his innocence.
Another aspect to the Criminal Justice System is the branch of corrections. This is where people go when
they are arrested and the Judge will give out supervision, supervised supervision, and probation. All three
mean different things and have more serious consequences, but all the three mean that you are to be under
the watch of a probationary officer. Probationary officers will either meet with the felon on a schedule, or
have some kind of contact with them. They make sure that the felon follows their sentence and can violate
them and send back in front of the Judge with harsher penalties.
‘Criminal Justice System’ refers to the structure, functions, and decision processes of agencies that deal
with the crime prevention, investigation, prosecution, punishment and correction. Some believe that it is
not totally accurate to speak of a criminal justice system. A system, they argue, is an interactive,
interrelated, interdependent group of elements performing related functions that make up a complex
whole. The criminal justice system is a loose confederation of agencies that perform different functions
and are independently funded, managed and operated. However, despite their independence, these
agencies of criminal justice system are interrelated because what one agency does affects all others. That
is why they are called a ‘system’. The present criminal justice system of India is the product of a
continuous effort on the part of rulers who controlled the affairs of the country from time to time. In every
phase of Indian history the rulers contributed to the development of the criminal justice
system. However, most of them treated the criminal justice system more as an instrument to subjugate the
masses rather than to protect their rights. The British rulers who made well-thought-out efforts for the
establishment of a sound and well defined criminal justice system in India were also not free from this
weakness. They too looked at the criminal justice system more as an instrument to uphold the colonial
rule in India and less for the administration of fair criminal justice to the people. The main objective of
the criminal justice system is to create social harmony and maintain order by enforcing the laws and
curbing their violation. For attainment of this objective, a network consisting of the police, bar, judiciary
and correctional services constitute the criminal justice system. Since the criminal law provides the basic
framework for the whole criminal justice system, it is also considered as a component of the whole
system.
CONCLUSION
The aim of criminal law is to protect the rights of the individuals and to safeguard the weak against the
strong, law abiding against lawless and peaceful against violent. The State has prescribed certain rules of
conduct, sanctions for their violations and machinery to enforce sanctions and procedure to protect that
machinery. “If men were angels no government would be necessary”- James Madison. Hence, it is the
primary function of the government to protect the basic rights to life and property. There can be no liberty
without protection of the basic rights of the citizens by the government. “Whatever views one holds about
the penal law, no one will question its importance to society. This is the law on which men place their
ultimate reliance for protection against all the deepest injuries that human conduct can inflict on
individuals and institutions. By the same token, penal law governs the strongest force that we permit
official agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by
its power to destroy. Nowhere in the entire legal field is more at stake for the community or for the
individual”.
Herbert Wechsler: Since there was no criminal law in uncivilized society, hence the law of revenge was
the only source of justice. With the advancement of time, more peaceful methods came to be accepted by
the society for criminal justice. For example compensation became one of those methods of justice. For a
long time the application of these principles remained with the parties themselves, but gradually, the State
took over to perform these functions. Post-independence and promulgation of our Constitution, there has
been a rapid growth in almost all the fields. Constitution has been embodied with many articles which
tried towards making India have a good Criminal Justice System; Article 21 is one of them i.e., Right to
Life and Personal Liberty. People of India have become more receptive to quick, fair and affordable
justice. The entire existence of the orderly society depends upon sound and efficient functioning of the
criminal justice system. It is rightly said that ‘Justice delayed is Justice denied’. Whether a guilty person
is exonerated or an innocent is punished or there is an enormous delay in deciding the case, quality of
justice suffers in both the cases. Since the objectives of the criminal justice system are not codified
anywhere hence they can be just inferred from different statutes. Every democratic country aims at
providing maximum sense of security to the people at large by dealing with crimes and criminals
effectively and legally. Our criminal justice system aims at reducing the level of criminality in society by
ensuring maximum detection of reported crimes, convictions of accused persons without delay and to
meet the ends of justice. India inherited the adversarial system of common law from the British Colonial
Rulers and the criminal justice system of India is followed on the same track. In adversarial system truth
is supposed to emerge from the respective versions of the facts presented by prosecution and the defence
before a neutral Judge. The term “Neutral Judge” is emphasized here because in adversarial system there
is no positive duty on the Judge to discover the truth. He plays a passive role. So, we can say that our
system is quite in favour of the accused i.e., “accused
oriented” and insensitive to the victims plight. We need to incorporate some of the features of
inquisitional system into our adversarial system because the mix and match formula can bring out the
desired results which will make out criminal justice system more efficient and durable. Criminal Justice
System needs to be reformed but any reform should be based on the respect for human rights. Whether we
adopt adversarial or inquisitional criminal justice system, we have to keep it in our mind the International
Human Rights obligations before drafting any reforms. Our Criminal Justice System should give
particular attention to improving the investigation, prosecution and punishment of State officials who
commit crimes and human rights violations. There must be prompt, effective, impartial and independent
investigation into all allegations of death or disappearance or other serious human rights violations. It is
very essential for all the wings of criminal justice system to clearly understand their role and limitations
and act lawfully and ethically. Much of the problems faced by the police or law enforcement agencies are
due to lack of understanding of their roles in scheme of criminal justice system. If this is clearly
understood, there will be no complaints of police excesses and atrocities. Unless there is perfect co-
ordination among the 4 wings of criminal justice system, the criminals will go scot-free and the society
will suffer. Criminal justice system in India is facing serious challenges and may loose the confidence of
the people unless the challenges are addressed and met with the right type of prescriptions. Speedy justice
and fair trial are part of criminal justice system and different wings associated with that objective are
expected to work in coordination to achieve the goal. The delay in administration of justice is taking away
the sting from the criminal justice system. In the absence of a common forum to meet and discuss the
issues relating to criminal justice system and also coordinate successfully to remove the misapprehensions
of the people, the system will continue to receive criticism.
Page 35
CHAPTER-TWO
LAWS RELATING TO CRIMINAL
JUSTICE ADMINISTRATION
Justice forms the cornerstone of each nation’s law.
Alexis De Tocqueville
INTRODUCTION
The Constitution of India and the criminal justice administration have a reciprocal relationship. While the
Constitution sets certain ideals of securing justice to the people and maintaining unity and integrity of the
nation, the criminal justice administration plays a crucial role in their achievement The criminal justice
administration comprises of the police, bar, judiciary and prisons. These agencies constantly depend on
the constitutional support to their principles and procedures.
The people cannot enjoy their constitutional rights freely in an atmosphere of distrust, hatred, fear and
insecurity. Since it is the responsibility of the criminal justice administration to prevent violation of
people’s rights and maintain order, its performance has a direct impact on the process of achieving the
aims and objectives of the Constitution. Failure of the criminal justice administration not only vitiates the
constitutional guarantees but also jeopardizes the whole civil society leading it towards a chaotic situation
where the Constitution will be nothing but a
mockery.
Criminal justice refers to the agencies of government charged with enforcing law adjudicating crime, and
correcting conduct. The criminal justice system is essentially an instrument of social control: society
considers some behaviors so dangerous and destructive that it either strictly controls their occurrence or
outlaws them outright. It is the job of the agencies of justice to prevent these behaviours by apprehending
and punishing transgressors or deterring their future occurrence. Although society maintains other forms
of social control, such as the family, school and society, they are designed to deal with moral, not legal,
misbehavior .only the criminal justice system has the power to control crime and punish criminals.
The main objectives of the criminal justice system can be categorized as:
• Prevent the occurrence of crime.
• Punish the transgressors and the criminals.
• Rehabilitate the transgressors and the criminals.
• Compensate the victims as far as possible.
• Maintain law and order in the society.
• Deter the offenders from committing criminal act in the future.
Though both civil and criminal wings of the justice system influence the people; it is the criminal justice
administration that plays more crucial role in maintaining the people’s faith in the whole justice delivery
system. A weak criminal justice administration does not deter criminals. Instead, it encourages
criminality. Meager chances of being prosecuted or punished embolden the people to take law in their
own hands or take help of anti-social elements to evict their tenants, take revenge, etc. In such a situation
criminals thrive and law abiding citizens live under constant threat to their life, liberty, dignity and
property. This shakes the constitutional authority and erodes the people’s faith in the whole State
machinery. Therefore, the people while expecting fair criminal
Page 37 Laws Relating to Criminal Justice Administration
justice should also realize their legal and moral duties to help the criminal justice administration in its
pursuit to prevent and punish crime.
Therefore, two main statues which deals with administration of criminal cases in our country are Criminal
procedure code, i.e. Cr.P.C. and Indian penal code; Indian Penal Court being procedural and substantive
respectively. However, the societal norms also change with changing times and people who are part of
this society have to accept this change either by way of compromise or any other way in order to adjust
and make them still the part of the very same society. In earlier days there was no criminal law in
uncivilized society. Every man was liable to be attacked in his person or property at any time by any one.
The person attacked either succumbed or over-powered his opponent.
Procedure for Administration of Criminal - Justice
The procedure of administration of criminal justice in our country is divided into three stages namely
investigation, inquiry and trial. The Criminal procedure code 1973 provides for the procedure to be
followed in investigation, inquiry and trial, for every offence under the Indian Penal Code or under any
other law. Before discussing the procedure of administration, there are certain basic terms one should be
aware of these being;
1. Cognizable offences.
2. Non-Cognizable offences.
3. Inquiry.
4. Investigation.
Cognizable Offence
Cr.P.C. 1973 in general purulence means Section 2(c) of the Code defines ‘Cognizable Offence’ a serious
offence for which, and “Cognizable case” means a case in which, a police officer may, in accordance with
the First Schedule or under any other
law for the time being in force, arrest “without warrant”.
2. Non-Cognizable Offence
Cr.P.C. 1973 Section 2(1) defines ‘Non-cognizable offence’ less serious offences, means a case in which
a police officer has no authority to arrest “without warrant”
3. Inquiry
Cr.P.C. 1973 Section 2(g) “Inquiry” means every inquiry, other than a trial, conducted under this Code by
a Magistrate or Court.
4. Investigation
Cr.P.C. 1973 Section 2 (h) defines “Investigation” that includes all the proceedings under this Code for
the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is
authorized by a Magistrate in this behalf. Therefore, for a dispute to be resolved the said case has to go
through three stages i.e. inquiry investigation and trial and after this process is completed the judgment of
the court is passed by the Judge who decides the case and its outcome. Although the said process appears
to be simple and plain on paper but in practicality is cumbersome and time consuming which is defeating
the main essence of a criminal system, i.e. fair and expeditious justice and hence warrants a change now.
THE THREE STAGES : NAMELY INVESTIGATION, INQUIRY AND TRIAL
Investigation is a preliminary stage conducted by the police and usually starts after the recording of a First
Information Report (FIR) in the police station. Cr.P.C. 1973 Section 154 provides that any information
received in the police station in respect of a cognizable offence shall be reduced into writing, got signed
by the informant and entered in the concerned register. Section 156(1) requires the concerned officer to
investigate the facts and circumstances of such a case without any order from the Magistrate on this
behalf. If Magistrate receives information about
commission of a cognizable offence he can order an investigation. In such cases, citizen is spared from
the trouble and expense of investigating and prosecuting the case.
Cr.P.C.1973 Section 157 of the code provides the procedure for investigation which is as; if the officer-
in-charge of a police station suspects the commission of an offence, from statement of FIR or when the
Magistrate directs or otherwise, the officer or any subordinate officer is duty-bound to proceed to the spot
to investigate facts and circumstances of the case and if necessary, takes measures for the discovery and
arrest of the offender. It primarily consists of ascertaining facts and circumstances of the case including
all the efforts of a police officer for collection of evidence: proceeding to the spot; ascertaining facts and
circumstances; discovery and arrest of the suspected offender; collection of evidence relating to the
commission of offence which may consist of the examination of various persons including the accused
and taking of their statements in writing and the search of places or seizure of things considered necessary
for the investigation and to be produced at the trial; formation of opinion as to whether on the basis of the
material collected there is a case to place the accused before a Magistrate for trial and if so, taking the
necessary steps for filing the charge-sheet. The investigation procedure ends with a submission of a police
report to the Magistrate under section 173 of the code this report is basically a conclusion that an
investigation officer draws on the basis of evidence collected. The second phase is, Inquiry dealt under
sections 177-189 of the code, which consists of a Magistrate, either on receiving a police report or upon a
complaint by any other person, being satisfied of the facts. Lastly, the third stage is trial. Trial is the
judicial adjudication of a person’s guilt or innocence. Under the Cr.P.C, criminal trials have been
categorized into three divisions having different procedures, called warrant, summons and summary trials.
Section 2(x) of the Cr.P.C. defines Serious offence, i.e.

“Warrant-case” means a case relating to an offence punishable with death, imprisonment for life or
imprisonment for a term exceeding two years. A warrant case relates to offences punishable with death,
imprisonment for life or imprisonment for a term exceeding two years. Trial of warrant cases is dealt
under sections 238-250 of the code.
The Cr.P.C. provides two types of procedure for the trial of warrant cases: by a Magistrate, trial by a
Magistrate, viz., those instituted upon a police report and those instituted upon complaint respectively. In
respect of cases instituted on police report, it provides for the Magistrate to discharge the accused upon
consideration of the police report and documents sent with it. In respect of the cases instituted otherwise
than on police report, the Magistrate hears the prosecution and takes the evidence. If there is no case, the
accused is discharged. If the accused is not discharged, the Magistrate holds regular trial after framing the
charge, etc. In respect of offences punishable with death, life imprisonment or imprisonment for a term
exceeding seven years, the trial is conducted in a session’s court after being committed or forwarded to
the court by a Magistrate.
1. Framing of Charge or Giving of Notice
This is the beginning of a trial. At this stage, the Judge is required to weigh the evidence for the purpose
of finding out whether or not a prima facie case against the accused has been made out. In case the
material placed before the court discloses grave suspicion against the accused that has not been properly
explained, the court frames the charge and proceeds with the trial, on the contrary, upon consideration of
the record of the case and documents submitted and after hearing the accused person and the prosecution
in this behalf, the Judge considers that there is no sufficient ground for proceeding, the Judge discharges
the accused and records reasons for doing so.
The words “not sufficient ground for proceeding against the accused” mean that the Judge is required to
apply a judicial mind
in order to determine whether a case for trial has been made out by the prosecution. It may be better
understood by the proposition that whereas a strong suspicion may not take the place of proof at the trial
stage, yet it may be sufficient for the satisfaction of the court in order to frame a charge against the
accused person.
The charge is read over and explained to the accused. If pleading guilty, the Judge shall record the plea
and may, with discretion convict him however if the accused pleads not guilty and claims trial, then trial
begins. Trial starts after the charge has been framed and the stage preceding it is called inquiry. After the
inquiry, the charge is prepared and after the formulation of the charge the trial of the accused starts. A
charge is nothing but formulation of the accusation made against a person who is to face trial for a
specified offence.
2. Recording of Prosecution Evidence
After the charge is framed, the prosecution is asked to examine its witnesses before the court. The
statement of witnesses is on oath. This is called examination-in-chief. The accused has a right to cross-
examine all the witnesses presented by the prosecution. Section 309 of the Cr.P.C. further provides that
the proceeding shall be held as expeditiously as possible and in particular, when the examination of
witnesses has once begun, the same shall be continued day-to-day until all the witnesses in attendance
have been examined.
3. Statement of Accused
The court has powers to examine the accused at any stage of inquiry or trial for the purpose of eliciting
any explanation against incriminating circumstances appearing before it. However, it is mandatory for the
court to question the accused after examining the evidence of the prosecution if it incriminates the
accused. This examination is without oath and before the accused enters a defence. The purpose of this
examination is to give the accused a
reasonable opportunity to explain incriminating facts and circumstances in the case.
4. Defence Evidence
If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and
defence, the Judge considers that there is no evidence that the accused has committed the offence, the
Judge is required to record the order of acquittal. However, when the accused is not acquitted for absence
of evidence, a defence must be entered and evidence adduced in its support. The accused may produce
witnesses who may be willing to depose in support of the defence. The accused person is also a
competent witness under the law. The accused may apply for the issue of process for compelling
attendance of any witness or the production of any document or thing. The witnesses produced by him are
cross-examined by the prosecution. The accused person is entitled to present evidence in case he so
desires after recording of his statement. The witnesses produced by him are cross-examined by the
prosecution. Most accused persons do not lead defence evidence. One of the major reasons for this is that
India follows the common law system where the burden of proof is on the prosecution, and the degree of
proof required in a criminal trial is beyond reasonable doubt.
5. Final arguments
This is the final stage of the trial. The provisions of the Cr.P.C. provide that when examination of the
witnesses for the defence, if any, is complete, the prosecutor shall sum up the prosecution case and the
accused is entitled to reply. The same is provided for under section 234 of the code.
6. Judgment
After conclusion of arguments by the prosecutor and defence, the Judge pronounces her/his judgment in
the trial. Here it is relevant to mention that the Cr.P.C. also contains detailed provisions for compounding
of offences. It lists various
compoundable offences under section 320 Cr.P.C.
Under the Cr.P.C. Section 321 accused can also be withdrawn from prosecution at any stage of trial with
the permission of the court. If the accused is allowed to be withdrawn from prosecution prior to framing
of charge, this is a discharge, while in cases where such withdrawal is allowed after framing of charge, it
is acquittal.
The above aforesaid is the process how a trial takes place for dispensation of a criminal case. Although
this six stepped procedure looks plain and simple, it suffers from many inherent lacunas which become
the reasons for delay and hampers an expeditious trial. Not to forget the option of appeal is again there
where the state or the criminal has option to appeal to appellate court and as well as seek a permission to
file a special leave petition to the Supreme Court where in again all this process is repeated except for the
fact that the Supreme Court only deals with cases where there is a substantial question of law involved.
FIRST INFORMATION REPORT (FIR)
First Information Report (FIR) is a written document prepared by the police when they receive
information about the commission of a cognizable offence. It is a report of information that reaches the
police first in point of time and that is why it is called the First Information Report. It is generally a
complaint lodged with the police by the victim of a cognizable offence or by someone on her/his behalf.
Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a
telephonic message can be treated as an FIR.
Importance of FIR
An FIR is a very important document as it sets the process of criminal justice in motion. It is only after
the FIR is registered in the police station that the police takes up investigation of the case. So anyone who
knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the
victim of
the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an
FIR himself/herself. Any one can file an FIR. If you are the person against whom the offence has been
committed; you know his self about an offence which has been committed; you have seen the offence
being committed.
The Procedure of First Information Report
The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973. When
information about the commission of a cognizable offence is given orally, the police must write it down.
It is right as a person giving information or making a complaint to demand that the information recorded
by the police is read over to you. Once the police has recorded the information, it must be signed by the
person giving the information. It is duty of the police officer to provide the copy of FIR to the informant
free of cost.
Cognizable Offence
A cognizable offence is one in which the police may arrest a person without warrant. They are authorised
to start investigation into a cognizable case on their own and do not require any orders from the court to
do so.
Non-Cognizable Offence
A non-cognizable offence is an offence in which a police officer has no authority to arrest without
warrant. The police cannot investigate such an offence without the court’s permission.
The police may not investigate a complaint even after the Registration of a FIR, when;
i. the case is not serious in nature.
ii. the police feel that there is not enough ground to investigate. However, the police must record the
reasons for not conducting an investigation and in the latter case must also inform you.
iii. He should sign the report only after verifying that the
information recorded by the police is as per the details given by you.
a. People who cannot read or write must put their left thumb impression on the document after being
satisfied that it is a recorded correctly.
b. Complainant should ask for a copy of the FIR, if the police do not give it to you. It is his right to
get it free of cost.
c. Complainant should mention these basic information in the FIR:
a) His name and address;
b) Date, time and location of the incident he are reporting;
c) The true facts of the incident as they occurred; Names and descriptions of the persons involved in
the incident;
d) Refusal to register an F.I.R. is not only in cognizable offence but also punishable.
e) Witnesses, if any. Police & Inspector General of Police and bring his complaint to their notice.
The complainant can send her/his complaint in writing and by post to the Superintendent of Police
concerned. If the Superintendent of Police is satisfied with her/his complaint, she/he shall either
investigate the case herself/himself or order an investigation to be made.
(ii) The Complainant can file a private complaint before the court having jurisdiction. One should not do:
• Never file a false complaint or give wrong information to the police. He can be prosecuted under
law for giving wrong information or for misleading the police.
• Never exaggerate or distort facts. Never make vague or unclear statements.
DETENTION
Any form of imprisonment where a person’s freedom of liberty is removed can be classed as detention,
although the term is often associated with persons who are being held
without warrant or charge before as him/her have been raised. Being detained for the purposes of a drugs
search is tantamount to a temporary arrest, as it is not yet known whether charges can be brought against
an individual, pending the outcome of the search. The term ‘detained’ often refers to the immediacy when
someone has their liberty deprived, often before an arrest or pre-arrest procedure has yet been followed.
For example, a shoplifter being pursued and restrained, but not yet informed she/ he is under arrest or read
her/his rights would be classed as ‘detained’.
This means that the arrested person has right to hire a legal practitioner to defend himself/ herself. Every
person who has been arrested would be produced before the nearest Magistrate within 24 hours. The
custody of the detained person cannot be beyond the said period by the authority of Magistrate. The
Article 22 (1) and 22(2) as constitution of India make the above provisions. However, Article 22(3) COI
says that the above safeguards are not available to the following: If the person is at the time being an
enemy alien. If the person is arrested under certain law made for the purpose of “Preventive Detention”,
the first condition above is justified because when India is in war, the citizen of the enemy country may
be arrested. But the second clause was not easy to justify by the constituent assembly. This was one of the
few provisions which resulted in stormy and acrimonious discussions. Under Preventive Detention Laws
a person can be put in jail / custody for two reasons. One is that he has committed a crime. Another is that
he is potential to commit a crime in future. The custody arising out of the later is preventive detention and
in this, a person is deemed likely to commit a crime. Thus Preventive Detention is done before the crime
has been committed.
Every case of preventive detention must be authorized by law and not at the will of the executive. The
Preventive detention cannot extend beyond a period of 3 months. Every case of preventive detention must
be placed before an Advisory Board composed of Judges of the High Court (or persons qualified for
Judges of the High Court). The case must be presented before the Advisory Board within 3 months. A
continued detention after 3 months must be having a “favours of the Advisory Board”. The person will be
given opportunity to afford earliest opportunity to make a representation against the preventive detention.
No person can be detained indefinitely. Article 22 (7) provides exception to the above provisions. This
Article mandates that: When parliament prescribes by law the circumstances under which a person may
be kept in detention may be kept in detention beyond 3 months without the opinion of the advisory board.
Parliament by law can also describe under the same law, the maximum period of detention.
The public have a number of rights if detained by the police at a police station. The rules and rights of
how the police can behave are set down in codes of practice and legal Action can be taken if these rights
are abused.
Reasons for Arrest
There may be a number of reasons why the police will detain a person at the police station. It could be
that they have arrested a person on suspicion of committing an offence or Actually caught a person
committing an offence. The police may also suspect that a person has previously committed an offence.
Other reasons may be that they have arrested a person to prevent the person from injuring themselves or
they suspect personal details are false or suspicious.
The Arrest Procedure
If the police decide that they are going to arrest a person they will need to inform the suspect that they are
under arrest. Before the arrest, the police are also required to give a verbal caution after the arrest, they
also need to inform the suspect why they are being arrested. This will usually happen at the police station.
Once arrested the suspect should be taken immediately to the police station. There may be times, such as
in the case of robberies,
when the police will actually retrace where the suspect has been before proceeding to the station.
Rights at Police Station
There are a number of rights that the police must make the suspect aware of once they have entered the
station. These rights will include the right to obtain legal advice from a solicitor and the right to inform
someone of the detained person’s whereabouts. There may be certain situations where the police can
delay informing certain parties of the suspect’s whereabouts. They may do this if they suspect that
informing someone else could lead to the tampering of evidence.
Detainment at the Police Station
The detained person should be made aware of this delay of informing other people, and the delay can only
be for a maximum of 24 hours. If someone does enquire about the detained person’s whereabouts the
police should give details of the detainment.
Taking Legal Advice
Every detained person has the right to take legal advice. This advice should be free from a Legal Aid
Advocate but this could depend on the detained person’s financial circumstances. The detained person has
the right to see their own solicitor if the offence is a serious one. Once you have asked for legal advice
you have the right not to answer any more questions from the police. In fact, the police should not ask any
more questions if you have had legal advice.
If you have been detained and any of these procedures have not been followed then there are legal
consequences that can be applied. Complaints can be made against the police if the public’s rights are
infringed or breached. The police can be sued, disciplined or prosecuted for the abuse of rights or
misconduct. It is very important that legal advice should be taken when arrested and detained by the
police.
ARREST
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. Cr P C contemplates two types of arrests: an arrest that is made for the
execution of a warrant issued by a Magistrate and an arrest that is made without any warrant but in
accordance with some legal provision that permits arrest.
WHAT TO DO WHEN POLICE ARRESTED YOU
When any person is arrested, he is taken into custody. This means that he is not free to leave the scene.
Without being arrested, that person can be detained, however, or held for questioning for a short time if a
police officer or other person believes that he may be involved in a crime. It means if the person is
arrested or detained, he does not have to answer any question expected to give his name and address and
show some identification if requested.
There is some rights as a citizen of India that when he’s arrested by the police what he can do at that time
whether he is an adult citizen or non-citizen, he has certain rights if he is arrested. Before the law
enforcement officer question anyone, he or she should tell him that:
• She/he has the right to remain silent.
• Anything she/he says may be used against her/him.
• She/he has a right to have a lawyer present during her/his questioning.
• If she/he cannot afford a lawyer, one Legal Aid Advocate will be appointed for you.
• These are his rights, guaranteed by the constitution. If she/he is not given these warnings, his
lawyer can ask that
statements he made to the police not be used against her/him in Court. But this does not necessarily mean
that his case will be dismissed. This does not apply if she/he volunteer information without being
questioned by the police.
Rights when any citizen arrested by police
1. The arrested person can be questioned, without a lawyer present, he may be required to give
certain physical evidence. For he is suspected of driving under the influence of alcohol he may be
requested to take a test to measure the amount of alcohol in in his blood. If he refuses to take, the refusal
will be used against him in Court. Once he is arrested she/he has a right to make a telephone call to his
family/friend/relative.
2. If she/he is arrested for a crime, particularly a serious one, she/he should contact a lawyer as soon
as possible. She/He has a batter sense of what she/he should and should not say to law enforcement
officers to avoid being misinterpreted or misunderstood The lawyer also can advise him or her/his family
or friends on the bail process.
Arresting Authority
Any law enforcement officers, such as police officers, can arrest. Whether they are on or off duty, in most
of cases. They can arrest even if they do not have an arrest warrant-if they have probable cause or valid
reason to believe he committed a felony, such as armed robbery. (A felony is a crime of a more serious
nature than a misdemeanor, usually punishable by imprisonment for more than a year.) However, an
officer may take him into custody but they must take him to Judge who is required by law to decide about
the legality as custody.
What should do when an arrest warrant used?
Usually a warrant is required before the person can be taken into custody in his home. But he can be
arrested at home without a warrant if fast action is needed to prevent him from escaping, destroying
evidence, endangering someone’s life or seriously
damaging property .the warrant must be signed by a Magistrate or Judge who must have good reason to
believe that you, whom the warrant names, committed a crime. If his name is unknown “John Doe” can
be used on the warrant- along with his description.
• Once an arrest warrant is issued, any law enforcement officer in the state can arrest you, even if
the officer does not have a copy of the warrant. General, there is no time limit on using a warrant to make
an arrest.
• Before entering his home, a law enforcement officer must knock and identify him and tell that he
is going to be arrested. If he refuse to open the door or if there is another good reason, the officer can
breaking through a door or window if the police have an arrest warrant, he should be allowed to see it. If
they don’t have the warrant with them, he should be allowed to see it as soon as practical.
• The police may search the area within his reach. If he is arrested outdoors, they may not search
his home or car.
• Resisting an arrest or detention is a crime. If he resist arrest, he can be charged with a

misdemeanor or felony in addition to the crime for which he is being arrested. If he resist, an officer can
force to overcome his resistance or prevent his escape. The officer can even use deadly force if it appears
he will use force to cause great bodily injury.
• During the questioning and before a change is filed, if the police are convinced that he have not
committed a crime, they will give him a written release. His arrest then will be considered a detention and
not recorded as a arrest.
BAIL
“Bail” is the release of a person who is under arrest or who has already appeared in court, in exchange for
a promise to appear in court when scheduled.
When you’ve been arrested, the Police have a discretion to grant his bail (“Police bail”) in less serious
offences. When he first
appear in court (whether or not he have been arrested), his lawyer will apply for bail (“court bail”) on his
behalf for bailable offence.
Police Bail
If the person arrested and charged by the Police, the Police shall release him on bail until his first court
appearance. The bail comes to an end when he appear in court and you’ll then need to apply for court bail
instead (see below).
If the Police do not grant him bail, he will be held in Police custody until his taken to court, bail in
bailable offence is normally granted unless there is good reason to believe that he will not turn up to
court, or that he is likely to be a danger to the community (for example, through re-offending, or
tampering with evidence or witnesses). Police bail is not normally granted for more serious offences such
as serious assault or burglary. The Police have the power to require him to provide a “surety” (a person
who enters into a binding promise).
Court Bail
If the person has been released on Police bail, he will need to apply to the court for bail when he first
appear in court. When the Police don’t oppose the court granting bail, the decision to bail she/he is
normally made by the Judge/ Magistrate.
If he has been arrested and the Police have refused to grant him bail, the issue will be decided by a Judge.
Similarly, if he is appearing in court (whether or not he has been arrested) and the Police oppose bail, the
issue is dealt with by the Judge/ Magistrates.
If she/he don’t have her/his own lawyer to apply to the Judge on her/his behalf, she/he can avail the
services of Legal Aid Advocate (free of cost) from court about applying for bail. The services are free.
The legal Aid advocate’s services will then formally ask the Judge for bail. She/He is entitled to court bail
as of right in certain cases. In other cases whether or not you’re
granted bail will depend on a number of factors.
Law Regarding Bail In India
The Criminal Procedure Code, 1973 or Cr.P.C. talks in details about the bail process and how it is
obtained. However, it does not define bail. To get a glimpse of the law, we need to go deeper to section
2(a) Cr.P.C. wherein it says that bailable offense means an offense which is shown as bailable in the First
Schedule or which is made bailable by any other law for the time being “enforce”, and non-bailable
offense means any other offense.
Thus, section 2(a) Cr.P.C. talks about schedule which refers to all the offenses under the Indian Penal
Code and puts them into bailable and on bailable categories which have been determined according to the
nature of the crime. For instance, all serious offenses like offenses punishable with imprisonment for
three years or more have seen considered as non bailable offenses, all other offenses have been kept as
bailable offenses.
Later part of the Cr.P.C. talks about the process of bail under sections 436 to 450 wherein it has the
provisions for the grant of bail and bonds in criminal in the Cr.P.C. However, still a lot of discretionary
power has been vested into the court to put a monetary cap on the bond.
Citizen Have a Right to Bail
The Supreme Court of India has delivered several cases wherein it has reminded that the basic rule is bail
and not jail. One such instance came in State of Rajasthan, Jaipur vs BalchandBaliay case which the apex
court decided on 20 September, 1977 and held that the basic rule is bail, not jail, except-where there are
circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other
troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who
seeks enlargement on bail from the court.
The bench of Justice Krishnaiyer, V.R. had observed that when considering the question of bail, the
gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner
to avoid the course of justice must weigh with the court. Taking into consideration the facts of the case
the apex court held that the circumstances and the social milieu do not militate against the petitioner being
granted bail.
THE PROCESS OF BAIL
When a person is an accused of some crime and arrested to record his statement and take information like
the name, residence address, birth place, charge filed against you, etc. The police officer may also check
back the criminal record if any in the police station and ask for finger prints to files a case against him.
The crimes that are bailable and simple, he will be allowed to apply for bail immediately.
However, if the crime is a little bit complex and non-bailable, he may wait for 24 hours to claim his right
to bail in the court wherein he are given a hearing. Depending upon the facts of the case, the
Judge/Magistrate decides whether he should get bail or not. Also, in situation he has given bail he has
asked to produce surety can some and with the court. Generally, in certain smaller crime cases, a standard
amount of surety bond asked to be deposited for awarding the bail.
Common Bail Conditions
There are some conditions put under section 437 of the Cr.P.C. wherein the accused can ask for bail even
if he committed non-bailable offense. In non-bailable cases, bail is not the right but the discretion of the
Judge/ Magistrate if regards the case as fit for the grant ofbail, it regards imposition of certain conditions
as necessary in the circumstances. Section S. 437 (3) Cr.P.C. elaborates the conditions set by the law to
get bail in non-bailable offenses.
The sub-section says that when a person accused or suspected

of the commission of an offense punishable with imprisonment which may extend to seven years or more
or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860)
or abatement of, or conspiracy or attempt to commit, any such offense, is released on bail under sub-
section (1). However, for that the Court has power to impose any condition which it considers necessary.
Some conditions that the court may place while granting bail are as follows:
• In order to ensure that such person shall attend in accordance with the conditions of the bond
executed under this Chapter, or
• In order to ensure that such person shall not commit an offence similar to the offence of which he
is accused or of the commission of which he is suspected, or
• Otherwise in the interests of Justice Person entitled to court bail If he’s charged with certain
offences he will get court bail as of right:
There are some offences that are not punishable by imprisonment
• Offences for which the maximum punishment is less than three years’ imprisonment (except if
the offence is an assault on a child or a breach of a protection order under the Domestic Violence Act
2005).
But this is subject to the rule that it is not bailable as of right if he have previously been convicted of an
offence punishable by imprisonment and he is now being charged with an offence punishable by
imprisonment.
Conditions when the 'person not bail entitled to a matter' as right:
If he is not bailable as of right, the court must release he on reasonable terms and conditions unless it’s
satisfied that there is “just cause” for bail. There are three main factors that the court must take into
account in deciding this:
• Whether there’s a risk that a accused won’t turn up for his next court appearance.
• Whether there’s a risk that accused will interfere with evidence or witnesses.
• Whether there’s a risk that accused will commit an offence while on bail.
The Judge can also consider the following factors:
• How serious the charge is.
• How strong the case is against him.
• How serious the likely punishment would be.
• His general character and past conduct (in particular, any criminal record as accused ).
• Whether accused have a history of committing offences while on bail or of breaching court
orders or bail conditions.
• When the next court appearance is likely to be.
• Whether it will be harder for him to prepare accused defence if he is not released on bail.
• Any other special factors that are relevant.
If the Judge refuses to grant his bail, accused can be held in Police custody/ Judicial custody and then
taken to the nearest prison.
Bail conditions
If the court grants the bail, accused will be released on the condition that he return on the date of his next
appearance, and subject also to other conditions that may be imposed, which commonly include:
• Having to live at a particular place
• Having no contact with the victim
• Having to report to the Police while on bail
The court has no power to require a sum of money as a condition of bail. But, if accused had granted bail
and he breach any condition of his bail, his bail can be cancelled and he can be arrested. It is likely that
his bail will then be revoked. Further, if he
is on bail and he fails to turn up at court when he is supposed to, then he commit an offence that is
separate from and in addition to the original offence for which he has granted bail.
Page 58
CHAPTER-THREE
EQUALITY AND
NON-DISCRIMINATION
The Protection of Women Against Domestic Violence
“Equality is the soul of liberty; There is, in fact, No liberty without it”
Carl Schmid
In India, woman who constitute almost half of the population have always been ill treated, discriminated
and even deprived of their right to life and personal liberty as provided under the Constitution of India.
Women are always considered as physically and emotionally weaker than the males, whereas at present
women have proved themselves in almost every field of life affirming that they are no less than men due
to their hard work whether at home or working places. However, behind closed doors of homes all across
the country, women are being tortured, beaten and killed. It is happening in rural areas, towns, cities and
in metropolises as well. It is crossing all social classes, genders, racial lines and age groups. It is
becoming a legacy, being passed on from one generation to another. Such offences reflect the pathetic
reality that women are just not safe and secure anywhere in India.
Violence against women is not a new phenomenon but an age

Page 59 Equality and Non-Discrimination
old problem of a patriarchal society. Women have to bear the bums of domestic, public, physical as well
as emotional and mental violence against them, which affect their status in the society at the larger extent
The statistics of increasing crimes against women is shocking, where women are subjected to violent
attacks, i.e. foeticide, infanticide, medical neglect, child marriages, bride burning, sexual abuse of girl
child, forced marriages, rapes, prostitution, sexual harassment at home as well as work places etc. In all
the above cases, women are considered as the aggrieved person.
The Declaration on the Elimination of Violence against Women adopted by the UN General Assembly in
1993 defines violence against women as “any act of gender - based violence that results in, or is likely to
result in, physical, sexual or psychological harm, or suffering to women including threats of such acts,
coercion or arbitrary deprivation of liberty; whether occurring in public or private life”. Beijing Platform
for action states: “The fear of violence, including harassment is a permanent constraint on the mobility of
women and limits their access to resources and basic activities. High social, health, and economic costs to
the individual and society are associated with violence against women. Violence against women is one of
the crucial social mechanisms by which women are forced into a subordinate position compared with
men”.
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India which
came into force from 26th October, 2006, in every state except Jammu and Kashmir which later enacted
its own law, e.g. Jammu and Kashmir Protection of Women from Domestic Act 2010. The objective of
this Act is to protect the women from domestic violence. This Act, for the first time, defines domestic
violence in a comprehensive manner that not only includes physical violence but also other forms of
violence such as emotional, verbal, sexual and economic abuse. However, it is a quasi-criminal meant
primarily for protection orders and not meant to penalize criminally.
The term used to describe this serious problem of violence within the Indian homes is ‘Domestic
Violence’. This violence is towards someone who are in a relationship with, be it a wife, husband, son,
daughter, mother, father, grandparents or any other family member. It can be a male’s or a female’s
atrocities towards another male or a female. Anyone can be a victim and a victimizer. This violence has a
tendency to explode in various forms such as physical, sexual or emotional. ‘Domestic Violence’ includes
harms or injuries which endangers women’s health, safety, life, limb or well-being, whether mental or
physical. It may also be through physical, sexual, verbal, emotional and economic abuse. According to
‘United Nation Population Fund Report’, around two-third of married Indian women are victims of
Domestic Violence.
Domestic Violence undoubtedly is a human right issue where it is very important to know what actually
leads to act of domestic violence. The most common causes for women stalking and battering include:
• Exploitation of women for demanding more dowry.
• Discrimination of women.
• Alienation of women’s self-acquired property fraudulently.
• Torture by husband and in-laws of the husband.
• Arguing with the partner.
• Refusing to have sex with the partner.
• Neglecting children.
• Going out of home without telling the partner.
• Not cooking properly or on time.
• Extra marital affairs.
• Not looking after in-laws.
• Cruelty by husband or in-laws mentally or physically.
• Abusing & insulting by using vulgar language.
• Sexual harassment, molestation, immoral traffic.

• Rape.
• Sodomy and all other inhuman acts.
In all above stated causes women are subjected to torture and will be considered as the aggrieved person.
Usually violence takes place due to lack of understanding between the couple as well as in the family.
The Government of India has come out with some more stringent laws to protect the rights of women
who are victims of violence of any kind occurring within the family, so that it will work as the preventive
measure to eradicate the crime. Similarly, a strict law has been passed to punish those women who are
filing a false complaint against husband or relatives by misusing Domestic Violence Act so that there will
be fair justice to all.
The Protection of Women from Domestic Violence Act, 2005 is being one of the first in this spheres has
concretely dealt with the problem of domestic violence taking into consideration of all the related laws
and has attempted to reduce the numerous ancillary problems generally faced by such legislation (such as
impractical provisions). This legislation is well placed in the Indian context and social scenario, clearly
reflective of the mindset of the Indian men. The chapter primarily looks into the provisions of this Act
from the constitutional perspective the “Fundamental Rights”. The status of women in India is not equal
to the status of men in terms of access, participation and reward. This situation owes its existence to the
patriarchal and feudalistic structure of the society.
FORMS OF DOMESTIC VIOLENCE IN INDIA
Domestic violence has many forms prevalent in Indian society from rural to urban, from one community
to another community and from rich to poor. Primarily, physical and psychological violences are the most
commonly found form of domestic violence. One of the reasons for it being so prevalent is the orthodox
and idiotic mindset of the society that women are
physically and emotionally weaker than the males. Though women today have proved themselves in
almost every field of life affirming that they are no less than men, the reports of violence against them are
much larger in number than against men. The possible reasons are many and are diverse over the length
and breadth of the country.
Physical violence includes the following forms:
(i) Female feticide and female infanticide;
(ii) Incest rape within marriage, connivance and collusion of family members for sexual abuse of
women in the household;
(iii) Physical torture like slapping, punching, grabbing, and killing;
(iv) Burdening of women with drudgery; and
(v) Neglect of women’s health problems.
Psychological Violence
Emotional abuse is any kind of abuse that is emotional rather than physical in nature. It can include
anything from verbal abuse and constant criticism to more subtle tactics, such as intimidation,
manipulation, and refusal to ever be pleased. Emotional abuse can take many forms. Three general
patterns of abusive behavior include aggressing, denying, and minimizing’. The victim may experience
severe psychological effects. This would involve the tactics of brainwashing, which can fall under
psychological abuse as well, but emotional abuse consists of the manipulation of the victim’s emotions.
Domestic Abuse is defined as chronic mistreatment in marriage, families, dating and other intimate
relationships that can include emotionally abusive behavior. Psychological abuse does not always lead to
physical abuse, but physical abuse in domestic relationships is nearly always preceded and accompanied
by psychological abuse.
A study in 2005 by Hamel reports that “men and women physically and emotionally abuse each other at
equal rates. A 2007 study of Spanish college students aged 18-27 found that psychological aggression (as
measured by the Conflict Tactics
Scale) is so pervasive in dating relationships that it can be regarded as a normalized element of dating,
and that women are substantially more likely to exhibit psychological aggression.
Curbing the freedom to associate with the natal family, neighbours, and friends;
(i) Curtailment of right to self-expression;
(ii) Promiscuity of the husband;
(iii) Accusing the women in the household of unchaste behaviour;
(iv) Irresponsible behaviour and alcoholism of the husband;
(v) Humiliating and victimizing women;
(vi) Fleecing women and their parents of their money and assets by compulsion; and
(vii) Coercion and threat and squandering of money for non-household purposes.
LAWS FOR PROTECTION AGAINST DOMESTIC VIOLENCE
Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation to protect
women in India from all forms of domestic violence. It also covers women who have been/are in a
relationship with the abuser and are subjected to violence of any kind—physical, sexual, mental, verbal or
emotional.
Women in India which has a patriarchal society have been facing a lot of violence at their homes,
particularly, in matrimonial site. Taking the cognizance of the domestic violence, the Parliament of India
passed section 498A in 1983. This was for the first time that domestic violence was recognized as a
specific criminal offence. This section deals with cruelty by a husband or his family towards a married
woman. Now, under IPC section 498A, women has protection from four types of cruelties:
• Conduct that is likely to drive a woman to suicide,
• Conduct which is likely to cause grave injury to the life, limb or health of the woman,
• Harassment with the purpose of forcing the woman or her

relatives to give some property, or
• Harassment because the woman or her relatives is unable to yield to demands for more money or
does not give some property.
Dowry-related Harassment
The law under Section 498A of the Indian Penal Code covers dowry-related harassment as well. If a
women is being harassed for dowry by in-laws or husband, the provision provides women protection and
allows women to go to court to deter this kind of harassment. Though there is specific provision under
section 304-B that talks about dowry death; however, women don’t need to wait for that; rather, filing a
case under 498A is an apt solution. Women can file a case for cruelty in theses situations:
• Persistent denial of food,
• Insisting on perverse sexual conduct,
• Constantly locking a woman out of the house,
• Denying the woman access to children, thereby causing mental torture,
• Physical violence,
• Taunting, demoralizing and putting down the woman with the intention of causing mental torture,
• Confining the woman at home and not allowing her normal social intercourse,
• Abusing children in their mother s presence with the intention of causing her mental torture,
• Denying the paternity of the children with the intention of inflicting mental pain upon the mother,
and
• Threatening divorce unless dowry is given.
LEGAL RIGHTS AND PROVISIONS FOR WOMEN IN INDIA
Apart from 498A, the Parliament of India also passed the Protection of Women from Domestic Violence
Act 2005 to protect women from domestic violence. The law was brought
into force by the Indian government from October 26, 2006 and as of November 2007; it has been ratified
by four of the twenty-eight state governments in India, e.g. Andhra Pradesh, Tamil Nadu, Uttar Pradesh
and Odisa. As we grow into an economic and political powerhouse in the international arena, the rights
and opportunities that have been provided for all of us in the constitution are also gaining prominence.
Additionally, women have taken the center stage by gradually moving into the workforce and getting
career-oriented. However, mental, physical and sexual harassment, misogyny and gender inequality
continue to be a way of life for most of them. It is in this context that her awareness of the legal rights,
mandated by Indian law, gains significance.
1. Right to Equal Pay
According to provisions under the Equal Remuneration Act, one cannot be discriminated on the basis of
sex when it comes to salary or wages.
2. Right Against Harassment at Work
The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to file a
complaint against sexual harassment
3. Right Against Domestic Violence
The Act primarily looks to protect a wife, a female live-in partner or a woman living in a household like a
mother or a sister from domestic violence at the hands of a husband, male live-in partner or relatives. She
or anybody on her behalf, can file a complaint.
4. Right To Maternity
The Ministry of Labour and Employment, Government of India (“Ministry of Labour”) vide Official
Gazette notification dated 31 March 2017 has approved 1 April 2017 as the date on which the Maternity
Benefit (Amendment) Act 2017 (“MB Amendment Act”) has come into force. However, the relevant
provision on the “work from home” option will come into effect from 1 July 2017. The MB Amendment
Act had received Presidential assent on 27 March 2017 and was published in the Official Gazette on 28
March 2017.
• Increased Paid Maternity Leave: The MB Amendment Act has increased the duration of paid maternity
leave available for women employees from the existing 12 weeks to 26 weeks. Under the MB
Amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the
expected delivery date and remaining 18 weeks can be availed post childbirth. For women who are
expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre
and 6 weeks post expected date of delivery).
5. Right To Free Aid
When a woman goes to the police station without being accompanied by a lawyer she is either quoted
wrong, ignored or humiliated for her statements. She should be aware of the fact that she has a right to get
the legal aid and that she should demand for it. According to a Delhi High Court ruling, whenever a rape
is reported, the station house officer has to bring this to the notice of the Delhi Legal Services Authority.
The legal body then arranges for a lawyer for the victim.
6. Right To Privacy
A woman who has been raped has a right to record her statement in private, in front of the Magistrate
without being overheard by anyone else. She also has a freedom to record her statement with a lady
officer/ Judge/ Magistrate in person. Under section 164 of the Criminal Procedure Code, the Courts will
have to give the privacy to the victim without stressing her in front of masses.
7. Right To Untimely Registration
There are many reasons as to why a woman would postpone going to the police to lodge a complaint. She
considers her reputation, dignity of the family and threats from the culprit to take her life away. Police in
any way cannot say no to register her complaint, no matter if it’s too late to register. The self-respect of
women comes before anything else. She cannot be denied of anything.
8. Right to Virtual Complaints
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.
9. Right to Zero FIR
A rape 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. This
is a Supreme Court ruling that not many women are aware of it. So don’t let the SHO of a police station
send you away saying it “doesn’t come under his area.
10. Right Against Female Foeticide
It is a duty imposed on every citizen of India to allow a woman to experience the most basic of all rights-
the right to life. The Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act
(PCPNDT) ensures her right against female foeticide
11. Right To No Arrest
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 requires to get it in writing from the Magistrate explaining why the
arrest is necessary during the night.
12. Right to not Being 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. So, the next time women is called to the police station for
queries or interrogation when women have faced any kind of harassment, quote this law of the Supreme
Court to exercise your right and remind the cops about it.
13. Right to Confidentiality
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 victimization 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
14. Right Towards Crime and not a Medical Condition
A case of rape can’t be dismissed even if the doctor says that rape has 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 a
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.
15. Right To No Sexual Harassment
It is the duty of every employer to create a Sexual Harassment Complaints Committee within the
organization for 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 of 50% women, as members. Also, one
of the members should be from a women’s welfare group.
SEXUAL HARASSMENT
Sexual harassment means discrimination consisting of unwelcome verbal or physical conduct directed at
an employee because of his or her sex. Sexual harassment and rape are two sides of the same coin. Both
showcase the power of man to
dominate over women. Both have one victim ‘women'. Both are barbaric in nature; but many people
extenuate sexual harassment to rape, just because the victims are not physically harmed. Whereas in rape
the victim is ravished like an animal for the fulfillment of desire and lust of another man. Both have the
same object- to undermine the integrity of the victim, physically as well as mentally. Sexual harassment is
unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or
intimidated Sexual harassment can be physical, verbal or written. Sexual harassment is against the law
and some types of sexual harassment can also be a criminal offence. It can include:
• Comments about a person’s private life or the way they look
• Sexually suggestive behaviour, such as leering or staring
• Brushing up against someone.
• Touching.
• Fondling or hugging.
• Sexually suggestive comments or jokes.
• Displaying offensive screen savers, photos, calendars or objects.
• Repeated requests to go out.
• Requests for sex.
• Sexually explicit emails, text messages or posts on social networking sites. These include
indecent exposure.
• Stalking and sexual assault.
• As well as obscene or threatening phone calls, letters, emails
• Text messages and posts on social networking sites.
Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such
men (those committing sexual harassment) would try fulfilling their desire. However, it is also not true
that all cases of sexual harassment are such where the accused is guilty of conceiving the intention of a
sexual intercourse but it also depends on each individual case and circumstances, because it may well be
the case that the women
may also be at fault. The question is not whether women have the right to bodily integrity, as this right is
already covered under Article 21 of the Constitution of India. Article 21 which guarantees the 'right to life
and liberty' to men and women both alike. But whether it is really imperative to take a decisive step
towards extirpating this evil and make the contemporary and future society a safe haven for women.
Vishaka Case of sexual harassment at work place is a case of landmark judgment by Supreme Court of
India. Not because it was attack on working women’s fundamental right to work without fear and
prejudice. Not because of it is a saga of immense torture of a naive working woman. Not because a
woman showed exemplary courage to fight against the male ego in our immoral society. It is a landmark
case because for the first time ever, it was officially recognized at such a high level of the need for laws
for protection against sexual harassment and laying down of guidelines of sexual harassment of working
woman. Till 1997 even after India’s independence of 50 years there was hardly any law to safeguard
sexual harassment of working women.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a
legislative Act in India that seeks to protect women from sexual harassment at their place of work. It was
passed by the LokSabha (the lower house of the Indian Parliament) on 3 September 2012.The Bill got the
assent of the President on 23 April 2013. The Act came into force from 9 December 2013. This statute
superseded the Vishakha Guidelines for Prevention of Sexual Harassment introduced by the Supreme
Court of India. It was reported by the International Labour Organization that very few Indian employers
were compliant to this Statute. Most Indian employers have not implemented the law despite the legal
requirement that any workplace with more than 10 employees heed to implement it.
An Act to provide protection against sexual harassment of

women at workplace and for the prevention and redressal of complaints of sexual harassment and for
matters connected therewith or incidental thereto whereas sexual harassment results in violation of the
fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India and her
right to life and to live with dignity under Article 21 of the Constitution and right to practice any
profession or to carry on any occupation, trade or business which includes a right to a safe environment
free from sexual harassment; and whereas the protection against sexual harassment and the right to work
with dignity are universally recognised human rights by international conventions and instruments such as
Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on
the 25th June, 1993 by the Government of India; and whereas it is expedient to make provisions for
giving effect to the said Convention for protection of women against sexual harassment at workplace.
This Act ensures that women are protected against sexual harassment at all the work places, be it in public
or private. This will contribute to realization of their right to gender equality, life and liberty and equality
in working conditions everywhere. The sense of security at the workplace will improve women’s
participation in work, resulting in their economic empowerment and inclusive growth. The Act uses a
definition of sexual harassment which was laid down by the Supreme Court of India in Vishaka and
others v. State of Rajasthan and others (1997) 6 SCC 241. Article 19 (1 )g of the Indian Constitution
affirms the right of all citizens to be employed in any profession of their choice or to practice their own
trade or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one’s
rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right
under Article 19(1)g. The case ruling establishes that sexual harassment violates a woman’s rights in the
workplace and is thus not just a matter of personal injury.
Under the Act, which also covers students in schools and colleges as well as patients in hospitals,
employers and local authorities will have to set up grievance committees to investigate all complaints.
Employers who fail to comply will be punished with a fine of up to rupees 50,000.
Rights Of Women In Working Place
• Gender equality includes protection from sexual harassment and right to work with dignity as per
our constitution.
• Extra hazard for a working woman compared to her male colleague is clear violation of the
Fundamental Rights of ‘Gender Equality’ & Right to Life and Liberty.
• Safe working environment is Fundamental Right of working woman.
• In no way working women may be discriminated at workplace against male employees. (If a
woman is, then it must be documented in company policies, for example limitation of women in
police and armed forces)
• Working with full dignity is the Fundamental Right of working women.
• The right to work as is inalienable right of all working women.
• The right to protection of health and to safety in working conditions, including the safeguarding
of the function of reproduction (pregnancy, maternity & nursing etc.) is Fundamental Right of
working women.
Provisions For Employer
It is an obligatory requirement for employers:
• Appropriate notification/advertisement to be issued for prohibition of sexual harassment at

workplace for the employees of the company.
• State government, Central government and PSU bodies to include in their conduct and discipline
rules/regulations prohibiting sexual harassment plus mention of penalties for those found guilty of
sexual harassment.
• For private employers, prohibition of sexual harassment and penalties to be included in the
standing orders under the Industrial Employment (Standing Orders) Act, 1946.
• Employers need to provide conducive & appropriate work conditions for women staff in the view
of work, health, hygiene & leisure. In short, there mustn’t be any conditions creating hostile
environment towards working women staff and any conditions which could put women at an
disadvantage position with regards to her career compared to other male employees of the
company.
• The employer will need to have a written complaint mechanism which will need to include time
Same of resolution of sexual harassment claims.
• Employer should help the victim psychologically with counseling etc.
• Employer should maintain confidentiality of the complaint and the identity of the woman who
raised the complaint and complaint specifics.
• Employers are bound to inform the details of sexual harassment complaints to appropriate
government bodies/ labour department etc. every year. In short it will be illegal to hide any sexual
harassment complaints raised in the company or with the employer and not reported to
government authorities.
• Employer should allow and encourage the employees to raise sexual harassment issues in
worker’s meetings and at appropriate forums, and all those complaints need to be affirmatively
discussed. In other words, the employer must provide easy way to discuss sexual harassment
issues and should not show any lack of interest.
• Employer should take steps to make working women aware of their rights to equality in in
workplace by prominently notifying the guidelines by appropriate means (like sending emails,
sending letters, displaying rules on notice boards).
• If the sexual harassment is due to third party that is not anything related to the employer but by
another person from different organization which you interacted with him as part of discharging
your official duties whether in office space or outside, then the employer will need to take all
necessary steps to assist and help the victim in the terms of support & preventive action.
Employers Duty After Receiving A Sexual Harassment Complaint
• The employer must assess the crime and if required legally, it must register complaint with
appropriate government authorities. For major sexual harassment cases, it behaves on the employer to
immediately bring the issue to notice of local Police and also nearby women cells. The employers should
not delay filing a police complaint just to try to save its company’s image.
• The employer will need to ensure that the victim is not further traumatized or victimized.
Employer must not persecute the victim in any way due to a woman’s complaint.
Setting up of Complaint Committee by the Employers
• Committee should be headed by a woman.
• More than 50% of committee members should be women.
• The committee should also consist of third party members not affiliated to the company or
employer in anyway, preferably from NGO’s, women right activists who are familiar to the issue of
sexual harassment If you are a victim then you should be quite vigilant to this member as every
company/employer tries to include their “friends” in such committees which will not object to the
decisions made by the committee members on their payrolls and loyal to the company, prejudicing the
sexually harassed woman, If it is the case.
RAPE
Rape is the fourth most common crime against women in India. According to the National Crime Records
Bureau 2013 annual report, 24,923 rape cases were reported across India in 2012 out of these, 24,470
were committed by someone known to the victim.
India has been characterized as one of the “countries with the lowest per capita rates of rape”. The
National Crime Records Bureau of India suggests a reported rape rate of 2 per 100,000 people, much
lower than reported rape incidence rate statistics for many nations tracked by the United Nations. A
majority of rape cases in India, as elsewhere in the world, are never reported.
According to 2012 statistics, New Delhi has the highest number of rape reports among Indian cities, while
Jabalpur has the highest per capita rate of rape reports. Several rape cases in India received widespread
media attention and triggered protests since 2012. This led the Government of India to reform its penal
code for crimes of rape and sexual assault.
Definition of Rape in Law prior to the amendment of 2013
Rape: A man is said to commit “rape” who, except case hereinafter excepted, has sexual intercourse with
a woman in circumstances falling under any of the six following descriptions:
• Against her will.
• Without her consent.
• With her consent, when her consent has been obtained by putting her or any person in whom she
is interested, in fear of death or of hurt.
• With her consent, when the man knows that he is not her husband, and that her consent is given
because she believes that he is another man to whom she is or believes herself to be lawfully married
• With her consent, when, at the time of giving such consent, by

reason of unsoundness of mind or intoxication or the administration by him personally or through another
of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of
that to which she gives consent.
• With or without her consent, when she is under sixteen years of age.
• Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. But
there is condition if the sexual intercourse by a man with his own wife, the wife not being under fifteen
years of age, is not rape.
The above definition excluded marital rape; same sex crimes and considered all sex with a minor below
the age of sixteen as rape.
After 2 April 2013, the definition was revised through the Criminal Law (Amendment) Act 2013, which
also raised the legal age of minor to eighteen. Rape is now defined for the purposes of Indian penal code
as:
A man is said to commit “rape” if he:
(a) Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes
her to do so with him or any other person; or
(b) Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the
urethra or anus of a woman or makes her to do so with him or any other person; or
(c) Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra,
anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any
other person, under the circumstances falling under any of the following seven description.
Explanation - Consent means an unequivocal voluntary

agreement when the woman by words, gestures or any form of verbal or non-verbal communication,
communicates willingness to participate in the specific sexual act;
Provided that a woman who does not physically resist to the act of penetration shall not by the reason
only of that fact, be regarded as consenting to the sexual activity.
Exceptions -
1. A medical procedure or intervention shall not constitute rape;
2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen
years of age, is not rape. Even after the 2013 reform, 'Marital Rape' when the wife and husband live
together, continued not to be a crime in India. Article 376B of the 2013 law made forced sexual
intercourse by a man with his wife-if she is living separately-a crime, whether under a decree of
separation or otherwise, punishable with at least a 2-year prison term. Forced sex by a man on his wife
may also be considered a prosecutable domestic violence under other sections of Indian penal code, such
as Section 498(A) as well as The Protection Of Women From Domestic Violence Act 2005.The crime of
sexual assault on a child, that is anyone below the age of eighteen, is further outlined and mandatory
punishments described in the The Protection of Children from Sexual Offences Act 2012.
All sexual acts between the members of the same sex, consensual or forced, remains a crime under
Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment same as that of
rape.
1. Women Rights in India: Constitutional Rights and Legal Rights
The rights available to woman (ladies) in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the various
provisions of the Constitution. The legal rights, on
the other hand, are those which are provided in the various laws
(Acts) of the Parliament and the State Legislatures.
Constitutional Rights to Women
The rights and safeguards enshrined in the Constitution for
women in India are listed below:
1. The State shall not discriminate against any citizen of India on the ground of sex [Article 15(1)].
2. The State is empowered to make any special provision for women. In other words, this provision
enables the state to make affirmative discrimination in favour of women [Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office under the
State on the ground of sex [Article 16(2)].
4. Human trafficking and forced labour are prohibited [Article 23(1)].
5. The State to secure for men and women equally is the right to an adequate means of livelihood
[Article 39(a)].
6. The State to secure equal pay for equal work for both Indian men and women [Article 39(d)].
7. The State is required to ensure that the health and strength of women workers are not abused and
that they are not forced by economic necessity to enter avocations unsuited to their strength [Article
39(e)].
8. The State shall make provision for securing just and humane conditions of work and maternity
relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the dignity of
women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct election in every Panchayat shall be
reserved for women [Article 243-D(3)].
11. One-third of the total number of offices of chairpersons in the Panchayats at each level shall be
reserved for women
[Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every Municipality shall be
reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in such manner as
the State Legislature may provide [Article 243-T(4)].
UNTOUCHABILITY IN INDIA
“God never made man that he may consider another man as an untouchable."
Mahatma Gandhi
“Caste is not a physical object like a wall of bricks or a line of barbed wire which prevents the Hindus
from co-mingling and which has, therefore, to be pulled down. Caste is a notion; it is a state of the mind".
Dr. B.R.Ambedkar
Untouchability is a menace and social evil associated with traditional Hindu society. It is being practiced
since times immemorial and despite various efforts made by social reformers such as Dr. B. R.
Ambedkar; and despite there being provision on abolition of Untouchability in our Constitution under
Article 17, the evil is still in practice in our country.
CONCEPT OF UNTOUCHABILITY
India’s Constitution abolished “untouchability” way back in 1950 by which the dominant castes could no
longer legally compel Dalits to perform any “polluting” occupation. Yet sweeping, scavenging, leather
work and other degrading Activities still remain the monopoly of the scheduled castes and the members
of such castes are threatened with physical abuse and social boycotts for refusing to perform the
humiliating tasks. Migration, reservation in the government jobs and services, obscurity of the urban
environment has in some cases resulted in upward professional mobility among Dalits. But still the
majority
continues to stick with their traditional functions.
Untouchablity in simple terms can be understood as a practice whereby a particular class or caste of
persons are discriminated with on the ground of their being born in that particular caste or on the ground
of their being members of those social groups involved in menial jobs. The discrimination can be in the
form of physical or social boycott from the society. For instance the members of so-called higher castes
such as Brahmin, Kshatriyas etc. would not dine or sit with a person of Bhangi class.
It was believed that people of higher castes could become impure even if a shadow of an untouchable
person touches them and to re-gain their these purity he had to take a dip into holy waters of the Ganga.
UNTOUCHABLES IN INDIA
According to traditional Hindu ‘Varna System’, a person is bom into one of the four castes based on
karma and ‘purity’. Those born as Brahmans are priests and teachers; Kshatriyas are rulers and soldiers;
Vaisyas are merchants and traders; and Sudras are laborers.
Untouchables are literally outcastes. They do not directly figure into any of the traditional ‘Varna System’
of Hindus. According to Dr. B. R. Ambedkar, untouchables form an entirely new class, i.e. the fifth Varna
apart from the existing four Varnas. Thus, untouchables are not even recognized under the caste system of
Hindus.
However, historically persons born in lowest castes and classes of persons doing menial jobs, criminals,
persons suffering from contagious diseases and tribals living outside the so-called civilized world were
considered as untouchables. Their exclusion from the mainstream society was based on the belief that
they are impure and harmful and it was necessary to ostracized them for the overall benefit of the society.
Untouchability was also practiced as a form of punishment to the law-breakers and criminals; they were
socially boycotted for
their misdeeds.
WHO ARE THE DALITS?
Untouchables are also known as depressed classes, harijans etc; but today they are more frequently
referred to as ‘Dalits’. In modern times, ‘Dalit’ refers to one’s caste rather than class; it applies to
members of those so-called menial castes which are born with the stigma of “Untouchability” because of
the extreme impurity and pollution connected with their traditional occupations. They are considered
impure and polluting and are therefore physically and socially excluded and isolated from the rest of
society.
Today members of Schedule Castes and Schedule Tribes (SC/ ST) are considered as ‘Dalits’ and they are
subjected to various forms of discrimination in the society. Especially, Schedule Castes such as Chamars,
Passi, Bhangis and Doms etc are known as ‘Dalits’; these people are generally associated with menial
jobs such as tanning, skinning of hides, works on leather goods, sweeping, scavenging etc.
Types of Discrimination Against Untouchables or Dalits
According to National Campaign on Dalit Human Rights (NCDHR), there are various forms of
discriminations being practiced against Dalits in India. To list some:
• Prohibited from eating with other caste members.
• Prohibited from marrying with other caste members.
• Separate glasses for Dalits in village tea stalls.
• Discriminatory seating arrangements and separate utensils in restaurants.
• Segregation in seating and food arrangements in village functions and festivals.
• Prohibited from entering into village temples.
• Prohibited from wearing sandals or holding umbrellas in front of dominant caste members.
• Prohibited from using common village pat.
• Separate burial grounds.
• No access to village’s common/public properties and resources (wells, ponds, temples, etc.)
• Segregation (separate seating area) of Dalit children in schools.
• Bonded Labour.
• Face social boycotts by dominant castes for refusing to perform their “duties”.
Abolition of Untouchability Under Indian Constitution
India got Independence on 15th of August, 1947 after long and painful struggle of more than one hundred
years. The struggle was not only against the foreign rule of British but it was also against the social evils
such as Untouchability prevailing from centuries. After Independence when great leaders of freedom
struggle agreed to make our own Constitution, it was decided that there must be provisions under the
Constitution regarding the abolition of social evils and upliftment of down-trodden castes and social
groups etc.
THE CONSTITUTIONAL ASPECTS OF UNTOUCHABILITY
1. Preamble
The Preamble is the integral part of the Constitution, democratic form of the government, federal
structure, unity and integrity of the nation, secularism, social justice and judicial review are the basic
features of the constitution. According to the words of this preamble it suggests, that since India follows
secularism which itself suggests that there shall be no discrimination on the basic of the cast of the person
or its religion whatsoever.
Article 14: The words of this Article say that” the State shall not deny any person equality before law or
the equal protection
of laws within the territory of India.” This refers that every person in the territory of India is equal in the
eyes of law and the matter of race, caste, gender and sex shall not be the discriminating factor. But the
important part of the article suggests that the government has the power to make reasonable classification
of the protection and development of the backward classes.
2. Article 15
The words of the phrase say “the State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, and place of birth or any of them. The matter of untouchability is focused more
in Article 15(2) which says that 'NO citizen shall on these grounds be subject to any disability or
restriction with regard to access to shops, public restaurants, hotels and places of public entertainment or
the use of wells, tanks, bathing Ghats, roads and places of public resort maintained wholly or partly out of
State funds or out of State funds or dedicated to the use of general public.
3. Article 16
The words of the phrase says that “Article 16 provides that no citizen shall on grounds only of religion,
race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, discrimination against
in respect of any employment or office under the State. Under this Article the State tries to prohibit
choosing of candidates on the basis of above stated reason, but even government has right to choose best
candidate from the good one. This Article contends to prevent class, cast, and sex or gender bases
discrimination.
4. Article 17
The words of the phrase say “the ‘untouchability’ is abolished and its practice in any form is forbidden.
The enforcement of any disability arising out of ‘untouchability’ shall be a punishable offence in
accordance with law.” Thus, all the major grounds of untouchability are covered in Article 15, but there
are other well
known social disability connects with untouchability. For instance, there can be discrimination against
them in regard to use of utensils and other articles kept in public restaurants, hotels, dharamshalas etc or
practice of any profession, trade or business or the enjoyment of any benefit under the trust created for the
benefit of general public or acquisition of any residential property or observance of any religious ritual.
All these practices are now forbidden.
5. Article 21
The words of the phrase say “no person shall be deprived of his life or personal liberty except according
to procedures established by law”. This Article is inclusive of the right to dignified life where they are
treated at par with everyone else. They are treated in equal terms with people of other cast, class, and
religion, race in terms of political, economical and cultural affinity. Further they are not discriminated
under the legal arena, that is the dignified life.
6. Article 25
The words of the phrase say “freedom of conscious and free profession, practice and propagation of
religion”. This Article guarantees to every person and not merely to the citizens of India, the freedom of
conscious which connotes a person ‘spirit to entertain beliefs which are regarded by him to be conducive
to his spiritual well-being. A person has freedom to believe in religion tents of any sect or any
community. This right to practice religion is subjected to the limitations of public order, health and
morality, but this article also concludes that state has right to make any laws regulating or restricting any
economical, financial, political or other secular Activity which may be associated with religious practices.
7. Article 38
It provides that the State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in form all the institutions of the national life.
8. Article 46
It provides that the State shall promote with special care the educational and economic interests of the
weaker sections of the people and in particular of the Scheduled Castes and Tribes, and shall protect them
from social injustice and all forms of exploitation.
9. Article 325
It provides that there shall be one general electoral role for every constituency for election to either House
of Parliament or either House of the Legislature of a State and no person shall be in eligible for exclusion
in such roll or claim to be included in any special electoral role for any such constituency on grounds only
of religion, race, caste, sex or any of them.
10. Article 330
It provides that seats shall be reserved in the house of the people for the Scheduled Castes and the
scheduled tribes as nearly as may be in proportion to their population as ascertained at the last preceding
census of which the relevant figures have been published. Article 332 makes similar provisions in the
Legislative Assemblies of the States.
11. Article 334
It provides that the reservation of seats for the Scheduled Castes and Scheduled Tribes shall cease on the
expiry of 10 years. (However, this provision has been amended from time to time and now provides for
reservations to cease on the expiry of fifty years.)
12. Article 335
It provides that the claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken
into consideration, consistently with the maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with the affairs of services and posts in connection with
the affairs
of the Union States.
13. Article 338
It provides that there shall be a special officer for the Scheduled Castes and Tribes to be appointed by the
president. It shall be the duty of the special officer to investigate all matters relating to the safeguards
provided for the Scheduled Castes and tribes under the Constitution and report to the president on the
working of those safeguards at such intervals as the president may direct, and the President shall cause all
such reports to be laid before each House of Parliament.
THE SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATTROCITIES)

ACT, 1989
1. The Atrocities are: Whoever not being a member of Scheduled Caste or Scheduled Tribe commits aay
of the following atrocities to any member of SC/ST:
i Forces any member to drink or eat inedible or obnoxious substance.
ii Does any act to cause injury, insult or annoy any member by dumping excreta, waste matter,
carcasses or any obnoxious substance in his premises.
iii. Forces any member to become naked or with painted face or body, or does any act which
derogates human dignity.
iv. Illegally occupies or cultivates land allotted to any member.
v. Illegally takes away the possession of land/house given to any member, or interferes with the
enjoyment of that land/house.
vi Compels any member to become beggar or bonded labour other than compulsory services
imposed by Govt.
vii Forces any member to not to vote any candidate or

to vote in other manner than that provided under law.
viii. Initiates any false suit against any member.
ix. Gives false information to any public servant and that public servant on receiving such
information injures or annoy any member.
x. Insults or humiliate any member in public.
xi Assaults or use any power against the women of SC/ ST.
xii Dominates the women of SC/ST in order to exploit her sexually.
xiii Corrupts or fouls the water of spring, reservoir or any other source used by members of SC/ST.
xiv. Denies any member to use passage or to visit public resorts.
xv. Forces any member to leave his house, village or any other place.
The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989
An Act of the Parliament of India enacted to prevent atrocities against Scheduled Castes and Scheduled
Tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply
the Atrocities Act. Article 17 of Indian constitution seeks to abolish ‘untouchability’ and to forbid all such
practices. It is basically a “statement of principle” that needs to be made operational with the ostensible
objective to remove humiliation and multifaceted harassments meted to the Dalits and to ensure their
fundamental and socio-economic, political, and cultural rights. This is to free Indian society from blind
and irrational adherence to traditional beliefs and to establish a bias free society. For that, Untouchability
(Offences) Act 1955 was enacted. However, lacunae and loopholes impelled the government to project a
major overhaul of this legal instrument. From 1976 onwards the Act was revamped as the Protection of
Civil Rights Act. Despite various measures adopted to improve
the socio-economic conditions of the SCs and STs they remain vulnerable and are subject to various
offences, indignities and humiliations and harassment. When they assert their rights and oppose the
practice of Untouchability against them the vested interest try to cow them down and terrorize them.
Atrocities against the SCs and STs, still continued. The normal provisions of the existing laws like the
Protection of Civil Rights Act 1955 and Indian Penal Code have been found inadequate to check these
atrocities continuing the gross indignities and offences against Scheduled Castes and Tribes. Recognizing
these, the Parliament passed ‘Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act’, 1989
& Rules, 1995. The statement of objects and reasons appended to the Bill while moving the same in the
Parliament, reads” despite various measures to improve the socio-economic conditions of SCs & STs,
they remain vulnerable. They are denied a number of civil rights; they are subjected to various offences,
indignities, humiliations and harassment. They have, in several brutal incidents, been deprived of their
life and property. Serious atrocities are committed against them for various historical, social and
economic reasons. 'The preamble of the Act also states that the Act is “to prevent the commission of
offences of atrocities against the members of Scheduled Castes and Tribes, to provide for Special Courts
for the trial of such offences and for the relief and rehabilitation of the victims of such offenses and for
matters connected therewith or incidental thereto.” Thus, objectives of the Act clearly emphasize the
intention of the Government to deliver justice to these communities through proactive efforts to enable
them to live in society with dignity and self-esteem and without fear or violence or suppression from the
dominant castes. The practice of untouchability, in its overt and covert form was made a cognizable and
non-compoundable offence, and strict punishment is provided for any such offence.
Nature and Punishment for an Offence Under This Act
All offences listed in the Act are cognizable and non-cognizable. The police can arrest of offender
without warrant and start investigation into the case without taking any orders from the court.
The Act prescribes both minimum as well as maximum punishment. The minimum in most cases is six
months imprisonment while the maximum is five years sentence and with fine. In some cases the
minimum is enhanced to one year while the maximum goes up to the imprisonment or even death
sentence. Section 4 of the Act deals with punishment for neglect of duties by public servant. According to
this section if a public servant, who is not a member of the Scheduled Castes and Scheduled Tribes,
deliberately neglects his duties, which he should perform under the Act, he is liable for punishment with
imprisonment up to six months. Section 5 provides enhanced punishment for subsequent conviction.
Whoever, having already been convicted of an offence, under this section is convicted for the second
offence or any offence subsequent to the second offence shell be punishable with imprisonment for a term
which shall not be less than one year but which may extend to the punishment provided for offence.
DUTIES OF GOVERNMENT TO PROTECT RIGHTS OF PEOPLE
Under Protection of Civil Rights Act, 1955 and The Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, the duties of State Government and Central Government are defined as:
Duties of the State Government
1. To take such measures as to abolish “Untouchability” in the fullest manner.
2. To provide legal aid any other facilities to the person who was subjected to disability arising from
“untouchability”
3. To appoint officers for supervising over prosecutions for the contravention of the provisions of
this act.
4. To set up of special courts for the trial of offences under this act.
5. To set up Committees at appropriate levels as the State Government may think fit in
implementing the measures and to support the State Government.
6. To do periodic survey of the working of the provisions of this Act and suggest measures for the
better implementation of the provisions of this act.
7. To identify the areas where persons are under any disability arising out of “untouchability” and
adopt such measures as required to remove disability from such areas.
Duties of Central Government: To take such appropriate actions as may be required for Coordinating with
the actions taken by the State Government.
UNTOUCHABILITY IN PRESENT SCENARIO
In our society there still exist feeling of superiority of caste and birth. We can experience the practice of
Untouchability in everyday life around us, especially in rural and semi-urban areas of the country. Also,
in big metro cities, the inhuman practice of manual scavenging is still existent. According to a news
report of Press Trust of India (PTI), on 3rd January, 2014, four tea shop vendors were arrested by the
Police in Karnataka for practicing untouchability while selling tea - they were serving tea in different
types of cups to caste Hindus and SC/STs. The incidence shows that the evil practice is so deep rooted in
Hindu society that even after 70 years of independence, it is continuing in one form or other.
However, it can be said that things are slowly changing; with the change of the mind set of modern
generation. Today’s youth with modern education and globalized outlook are viewing the social order
from different perspective of equality and impartiality
and not from the religious or traditional point of view.
Hopefully, the wicked practice of untouchability would be removed from the society sooner rather than
later and our country would usher into a new era of social equality and brotherhood which will reflect the
true India of Gandhi and Ambedkar.
The SCs and STs (Prevention of Atrocities) Act, 1989 with stringent provisions (which extends to whole
of India except the State of Jammu & Kasmhir) was enacted on 9 September 1989. Section 23 (1) of the
act authorises the Central Government to frame rules for carrying out the purpose of the Act. Drawing
power from this section, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules
of 1995 were framed. The rules for the Act were notified on 31 st March, 1995. The purpose of the Act
was to help the social inclusion of Dalitsinto the Indian society, but the Act has failed to live up to its
expectations as admitted by the Union Minister for Home Affairs in Parliament on 30th August, 2010.
The cure is part of the cause; as members of the Scheduled Castes and Scheduled Tribes (SC/STs), also
known as Dalits, avail themselves of the advantages of reservation, and awareness of rights increases, the
status quo of inter-caste relations in villages faces sever challenges. Increased reporting of incidents of
violence is a natural product.
In 1989, the Government of India passed the prevention of Atrocities Act (POA), which delineates
specific crimes against Scheduled Castes and Scheduled Tribes as atrocities, and describes strategies and
prescribes punishments to counter these acts. The Act attempts to curb and punish violence against Dalits
through three broad means. Firstly, it identifies which acts constitute “atrocities.” Secondly, the Act
creates provisions for States to declare areas with high levels of caste violence to be “atrocity- prone” and
to appoint qualified officers to monitor and maintain law and order.
Unlike its predecessor, the 1955 Civil Rights Act, which only concerned itself with superficial
humiliations such as verbal abuse of the lower castes, the POA is a tacit acknowledgement by the
government that caste relations are define by violence, both incidental and systemic. The POA gives
Dalits vital ammunition in the form of legal redress for this violence.
Although the POA is a powerful and precise weapon on paper, in practice the Act has suffered from a
near-complete failure in implementation. Ironically, the primary obstacles to implementation are intended
to be the primary enforces of the Act the lowest rungs of the police and bureaucracy that from the primary
node of interaction between state and society in the rural areas. Police have displayed a consistent
unwillingness to register offences under the Act.
In 1989, the Government of India enacted the Scheduled Castes and Tribes (Prevention of Atrocities) Act
in order to prevent atrocities against SC/STs. The purpose of the Act was to prevent atrocities and help in
social inclusion of Dalits into the society, but Act has failed to live up to its expectations.
The Act came into force with effect from January 1990. This legislation aims at preventing commission
of offences by persons other than Scheduled Castes and Scheduled Tribes against Scheduled Castes and
Scheduled Tribes. The Act provides for punishment for offences of atrocities committed against
Scheduled Castes and Scheduled Tribes. Comprehensive Rules under the Act were notified in the year
1995, which inter-alia provides norms for relief and rehabilitation. The Act extends to whole of India
except Jammu & Kashmir. The Act is implemented by the respective State Governments and Union
Territory Administrations, which are provided due central assistance under the Centrally, sponsored
Scheme for effective implementation of the provision of the act.
CLASS : LAWS CONCERNING MINIMUM WAGES
Wages means all remuneration capable of being expressed in terms of money, which would, if the terms
of the contract of employment express or implied were fulfilled, be payable to a person employed in
respect of his employment or of work done in such employment. It however does not include the value of
any house-accommodation, supply of light, water, medical attendance, or any other prescribed amenity or
service; any pension or provident fund, or social insurance scheme, contributions paid by the employer;
travelling allowances or concessions; reimbursement for special expenses incurred by the employee; or
gratuity payable on discharge.
In accordance with the Minimum Wage Act, the employer is obliged to pay wages on regular and timely
basis at least once a month. Wage period may be fixed on hourly, daily, weekly or monthly basis. The
employer is under obligation to pay wages in cash on a working day before the expiry of the 7 th day after
the last day of the wage period (in establishments with less than 1000 workers). In other establishment,
i.e. those hiring more than 1,000 workers, wages must be paid before expiry of 10th day after the last day
of the wage period. If the employment of a worker is terminated by or on behalf of the employer, the
outstanding wages are paid within two days of employment termination. Wage periods can’t be fixed for
a duration longer than one month.
Minimum wages are generally payable in cash. However, if it is customary to pay wages wholly or partly
in kind, the appropriate Government may authorize the payment of minimum wages either wholly or
partly in kind.
Minimum Wages Act requires that all wages be paid in current coin or currency notes or in both (in legal
tender). An employer may, after obtaining the written authorization by the worker, pay worker the wages
either by cheque or by crediting the wages in bank account.
Workers are entitled to the wages without any kind of deduction except in cases prescribed by the
'Payment of Wages Act 1936’. It may include deductions as fine; for absence; for damage or loss of goods
or money; for house accommodation supplied by employer; for recovery of advances or loans; for
income-tax; and any other kind of deduction that is made by order of a Court or other authority competent
to make such order.
The Constitution of India under Chapter III guarantees Fundamental Human Rights to all persons. The
right to equality is enshrined in Article 14 of the Constitution and recognizes that all persons are equal
before the law. Persons with disabilities are entitled to this guarantee to not be discriminated against in
any manner and to be treated equally, which includes the requirement for special treatment where
required. Similarly, Article 15 and 16 prohibits discrimination on the grounds of “religion, race, caste,
sex, place of birth or any of them and guarantees equal opportunity in matters of public employment.
Article 16(3) & (4) provides that the State can make provision for the reservation of appointments or
posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately
represented in the services. It is on the basis of Article 16, that the guarantees to reservation and equal
opportunity in public employment are made under the PWD Act. The right to equality has been upheld for
persons with disabilities not to be discriminated and to be provided equal opportunity in recruitment to
the civil services. Article 21 of the Constitution guarantees the right to life to all persons, which has been
interpreted by the Supreme Court to include the right to live with dignity, the right to livelihood, and the
right to education. Article 21A guarantees the right to free and compulsory education for all children
between the ages of 6-14 years.
Chapter IV of the constitution contains the Directive Principles of State Policy (DPSP), which are also
aims for the State to comply with. The DPSPs provide in Article 38 that the State Policy
has to be directed to minimize inequalities, secure right to an adequate means of livelihood and also
secure that the operation of legal system promotes justice. Under Article 41, the State shall make
provisions for ensuring the right to work, education and public assistance in case of unemployment, old
age, sickness and disablement and in other cases of undeserved want. The State shall endeavour to
provide for free and compulsory education for all children until they complete the age of 14 years and
under Article 46 the State has also the responsibility of promoting with special care the educational and
economic interests of the weaker sections of the people. All these provisions are equally applicable to the
persons with disabilities.
Minimum wage rates in India are fixed under the Minimum Wages Act, 1948. Since labour is a
concurrent subject under the Indian Constitution, minimum wage rates are determined both by the Central
Government and the Provincial Governments. Minimum wage rates in India are declared at the national,
state, sectoral and skill/occupational levels. Minimum wage rates may be established for any region,
occupation and sector. Also, minimum wage is established for trainees, youth and piece-rate workers.
Minimum wage is determined by considering the cost of living.
The Constitutional Validity of The Minimum Wages Act, 1948
ILO Convention No. 26 in 1928 recommended machinery for fixation of minimum wages. The Standing
Labour Committee of Tripartite organization (ILC) discussed in 1943. On 13th April, 1946 Dr. Ambedkar
introduced the minimum wages bill. On 15 th March, 1948 the Minimum Wages Act, 1948 was passed.
Giving both the Central government and State government jurisdiction in fixing wages. The Act is legally
non-binding, but statutory. Payment of wages below the minimum wage rate amounts to forced labour.
Wage Boards are set up to review the industry’s capacity to pay and fix minimum wages such that they at
least
cover a family of four’s requirements of calories, shelter, clothing, education, medical assistance, and
entertainment. Under the law, wage rates in scheduled employments differ across states, sectors, skills,
regions and occupations owing to difference in costs of living, regional industries’ capacity to pay,
consumption patterns, etc. Hence, there is no single uniform minimum wage rate across the country and
the structure has become overly complex.
Article 14 of the Indian Constitution which relates to equality before the law. However, it must be noted
that minimum wages are not fixed equally across the whole nation but they vary on account of
occupation, industry and place. The Minimum Wages Act, 1948 seeks to protect the interest of the
workers in the sweated industries. Wage fixing authorities have been guided by the norms prescribed by
the Fair Wage Committee in the settlement of issues relating to wage fixation in organised industries. The
Fair Wage Committee defined the components of the minimum wage, which should be taken into account
but did not quantify them. It was the Indian Labour Conference (15th session) which for the first time,
moved into this conference in its recommendations not merely provided for the bare physical subsistence
but also for the maintenance of health and efficiency of workers.
Some of the Relevant Points of the Resolution:
(i) In calculating the minimum wage, the standard working class family should be taken to consist of
3 consumption units for the one earner, the earnings of women; children and adolescent should be
disregarded.
(ii) Minimum food requirements should be calculated on the basis of a net intake of 27,000 calories,
as recommended by Dr. Aykreyed for an average Indian adult of moderate activity.
Present Status of Minimum Wages in India
The first enactment specifically to regulate wages in this country is the Minimum Wages Act, 1948. This
Act is limited in its operation to the so called sweated industries, in which labour is practically
unorganised and working conditions are poor than in organised industry.
Under the Act, the appropriate Government has either to appoint a committee to hold enquiries and to
advice it in regard to the fixation of minimum rates of wages, or if it thinks that it has enough material on
hand, to publish its proposals for the fixation of wages in the official gazette and to invite objections.
The appropriate Government finally fixes the minimum rates of wages on receipts of the
recommendations of the committee. There is also a Provincial Advisory Board in each Province to co-
ordinate the work of the various committees.
There is also Central Advisory Board to co-ordinate the work of provincial boards. Complaints of non-
payment of the minimum rates of wages fixed by Government may be taken to authorities constituted by
the Act. Breaches of the Act are punishable by criminal courts.
Legislative protection for workers to receive a minimum wage, can be considered as the hall mark of any
progressive nation. It is one of the fundamental premises of decent work. In India, the Minimum Wages
Act, 1948 provides for fixation and enforcement of minimum wages in respect of scheduled
employments. The Act aims to prevent sweating or exploitation of labour through payment of low wages
by ensuring a minimum subsistence wage for workers. The Act also requires the appropriate government
(both at Centre and States) to fix minimum rates of wages in respect of employments specified in the
schedule and also review and revise the same at intervals not exceeding five years.
Currently, the number of scheduled employments in the Central sphere is 45 whereas in the States sphere
the number is
1650 (when all states are counted). With effect from November 2009, the National Floor Level of
Minimum Wage has been increased to Rs 137 from Rs. 100 per day (which was in effect since 2007).
From July 1, 2015 the National Floor Level of Minimum Wage has been further raised to Rs. 160 per day.
Since the respective state governments have been empowered to independently fix minimum wages,
disparities between wages in neighboring states are common.
DISABILITY AND EQUALITY OF PARTICIPATION AND OPPORTUNITY
Disability is an impairment that may be physical, cognitive, intellectual, mental, sensory, developmental,
or some combination of these that results in restrictions on an individual’s ability to participate in what is
considered “normal” in their everyday society. A disability may be present from birth or occur during a
person’s lifetime. Disabilities is an umbrella term, covering impairments, activity limitations, and
participation restrictions. An impairment is a problem in body function or structure; an activity limitation
is a difficulty encountered by an individual in executing a task or action; while a participation restriction
is a problem experienced by an individual in involvement in life situations. Disability is thus not just a
health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s
body and features of the society in which he or she lives.
The constitution of India applies uniformly to every legal citizen of India, whether they are healthy or
disabled in any way (physically or mentally).
Under the constitution the disabled have been guaranteed the following Fundamental Rights:
1. The Constitution secures to the citizens including the disabled, a right of justice, liberty of
thought, expression, belief, faith and worship, equality of status and of opportunity and for the promotion
of fraternity.
2. Article 15(1) enjoins on the Government not to discriminate against any citizen of India
(including disabled) on the ground of religion, race, caste, sex or place of birth.
3. Article 15 (2) States that no citizen (including the disabled) shall be subjected to any disability,
liability, restriction or condition on any of the above grounds in the matter of their access to shops, public
restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads
and places of public resort maintained wholly or partly out of government funds or dedicated to the use of
the general public. Women and children and those belonging to any socially and educationally backward
classes or the Scheduled Castes & Tribes can be given the benefit of special laws or special provisions
made by the State.
4. There shall be equality of opportunity for all citizens (including the disabled) in matters relating
to employment or appointment to any office under the State.
5. No person including the disabled irrespective of his belonging can be treated as an untouchable. It
would be an offence punishable in accordance with law as provided by Article 17 of the Constitution.
6. Every person including the disabled has his life and liberty guaranteed under Article 21 of the
Constitution.
7. There can be no tariffing of human beings (including the disabled), and begging and other forms
of forced labour is prohibited and the same is made punishable in accordance with law (Article 23).
8. Article 24 prohibits employment of children (including the disabled) below the age of 14 years to
work in any factory or mine or to be engaged in any other hazardous employment. Even a private
contractor Acting for the Government cannot engage children below 14 years of age in such employment.
9. Article 25 guarantees to every citizen (including the disabled)

the right to freedom of religion. Every disabled person (like the non-disabled) has the freedom of
conscience to practice and propagate his religion subject to proper order, morality and health.
10. No disabled person can be compelled to pay any taxes for the promotion and maintenance of any
particular religion or religious group.
11. No Disabled person will be deprived of the right to the language, script or culture which he has or
to which he belongs.
12. Every disabled person can move the Supreme Court of India to enforce his fundamental rights
and the rights to move the Supreme Court is itself guaranteed by Article 32.
13. No disabled person owning property (like the non-disabled) can be deprived of his property
except by authority of law though right to property is not a fundamental right. Any unauthorized
deprivation of property can be challenged by suit and for relief by way of damages.
14. Every disabled person (like the non-disabled) on attainment of 18 years of age becomes eligible
for inclusion of his name in the general electoral roll for the territorial constituency to which he belongs.
Education Law
1. The right to education is available to all citizens including the disabled. Article 29(2) of the
constitution provides that no citizen shall be denied admission into any educational institution maintained
by the State or receiving aid out of State funds on the ground of religion, race, caste or language.
2. Article 45 of the constitution directs the State to provide free and compulsory education for all
children (including the disabled) until they attain the age of 14 years. No child can be denied admission
into any education institution maintained by the State or receiving aid out of State funds on the ground of
religion, race, caste or language.
The Mental Health Act, 1987
Under the Mental Health Act, 1987 mentally ill persons are
entitled to the following rights:
1. A right to be admitted, treated and cared in a psychiatric hospital or psychiatric nursing home or
convalescent home established or maintained by the Government or any other person for the treatment
and care of mentally ill persons (other than the general hospitals or nursing homes of the Government).
2. Even mentally ill prisoners and minors have a right of treatment in psychiatric hospitals or
psychiatric nursing homes of the Government.
3. Minors under the age of 16 years, persons addicted to alcohol or other drugs which lead to
behavioral changes, and those convicted of any offence are entitled to admission, treatment and care in
separate psychiatric hospitals or nursing homes established or maintained by the Government.
4. Mentally ill persons have the right to get regulated, directed and coordinated mental health
services from the Government. The Central Authority and the State Authorities set up under the Act have
the responsibility of such regulation and issue of licenses for establishing and maintaining psychiatric
hospitals and nursing homes.
5. Treatment at Government hospitals and nursing homes mentioned above can be obtained either as
in patient or on an out-patients basis.
6. Mentally ill persons can seek voluntary admission in such hospitals or nursing homes and minors
can seek admission through their guardians. Admission can be sought for by the relatives of the mentally
ill person on behalf of the latter. Applications can also be made to the local Magistrate for grants of such
(reception) orders.
7. The police have an obligation to take into protective custody a wandering or neglected mentally
ill person, and inform his
relative, and also have to produce such a person before the local Magistrate for issue of reception orders.
8. Mentally ill persons have the right to be discharged when cured and entitled to ‘leave’ the mental
health facility in accordance with the provisions in the Act.
9. Where mentally ill persons own properties including land which they cannot themselves manage,
the district court upon application has to protect and secure the management of such properties by
entrusting the same to a ‘Court of Wards’, by appointing guardians of such mentally ill persons or
appointment of managers of such property.
10. The costs of maintenance of mentally ill persons detained as in-patient in any government
psychiatric hospital or nursing home shall be borne by the state government concerned unless such costs
have been agreed to be borne by the relative or other person on behalf of the mentally ill person and no
provision for such maintenance has been made by order of the District Court. Such costs can also be
borne out of the estate of the mentally ill person.
11. Mentally ill persons undergoing treatment shall not be subjected to any indignity (whether
physical or mental) or cruelty. Mentally ill persons cannot be used without their own valid consent for
purposes of research, though they could receive their diagnosis and treatment.
12. Mentally ill persons who are entitled to any pay, pension, gratuity or any other form of allowance
from the government (such as government servants who become mentally ill during their tenure) cannot
be denied of such payments. The person who is in-charge of such mentally person or his dependents will
receive such payments after the Magistrate has certified the same.
13. A mentally ill person shall be entitled to the services of a legal practitioner by order of the
Magistrate or district court if he has no means to engage a legal practitioner or his
circumstances so warrant in respect of proceedings under the Act.
The Person With Disabilities Act (PWD) 1995
The PWD Act came into force on 1st January 1996, and was enacted in pursuance of India’s obligation
under the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and
Pacific Region, which it adopted in December 1992. The Act provides for various measures for persons
with disabilities to facilitate their access to education, employment, basic infrastructure and social welfare
measures.
Under the PWD Act, a ‘person with disability’ has been defined as any person having 40% or more of any
of the following disabilities: (i) Blindness; (ii) Low vision; (iii) Leprosy cured; (iv) Hearing impairment;
(v) Loco motor disability; (vi) Mental retardation; and (vii) Mental illness. This is a limited definition, as
only persons who fall within this definition as having 40% or more of the above 7 disabilities would be
categorized as persons with disabilities and would be entitled to get the benefits of the rights and schemes
under the PWD Act.
The main rights available to persons with disabilities are in the field of education in public schools, public
employment, infrastructure on the roads and in public transport and access to public buildings and a
grievance redressal procedure for protection of their rights.
Education
Under the PWD Act, all children with disabilities below the age of 18 have the right to free and
compulsory education that is accessible. This goes even beyond the mandate of the Right of Children to
Free and Compulsory Education Act, 2009 that calls for free education to be provided to children up to
the age of 14. The further obligations placed on the government by the PWD Act with respect to formal
education are that efforts must be made to see that these children with disabilities are integrated into
regular schools that they attend, and that the setting up of special schools with vocational training
facilities should be encouraged at the local level in the Government and private sectors, so that children
across the country who require special education have access to such schools in their areas. Section 39 of
the PWD Act also requires that 3% of all seats in Government and Government-aided educational
institutions be earmarked for children or students with disabilities. The PWD Act also requires that the
government formulate and implement schemes pertaining to non-formal, functional education, in respect
of the following matters:
(a) Conducting part-time classes in respect of children with disabilities who have completed the fifth
grade and could not continue full-time studies thereafter,
(b) Conducting special part-time classes to provide functional literacy for children with disabilities in
the age group of sixteen and above;
(c) Imparting non-formal education after an appropriate orientation;
(d) Imparting education through open schools or open universities;
(e) Conducting class and discussions through interactive electronic or other media; and
(f) Providing every child with disability the requisite books and equipments, at no cost.
Additionally, to facilitate equal opportunities in education for children with disabilities, the government is
obligated to promote research on assistive devices, teaching aids and special teaching materials, and
establish and assist special teachers’ training institutions. Educational institutions are required to ensure
that children with visual disabilities are provided with scribes when required. To further facilitate the
mainstreaming of children with disabilities, the government is required to prepare a comprehensive
scheme providing for facilities or financial support
for transport to and from school, making school supplies available, scholarships, grievance redressalfora,
modification of examinations and restructuring of the curriculum.
Employment
Chapter VI of the PWD Act, containing Sections 32 to 40, addresses the affirmative action measures with
respect to the employment of persons with disabilities. It requires that at least 3% of all posts in all jobs
under the government are required to be reserved for persons with disabilities, with 1% each being
reserved for persons with blindness / low vision, persons with hearing disabilities and persons with
locomotor disabilities / cerebral palsy.
To ensure that reservations have meaning, the government is required to identify posts in all public
establishments that shall be reserved for persons with disability, based on the suitability of such posts to
each category of disability. The list of identified posts so prepared is required to be revised in light of
technological developments, at regular intervals of a maximum of 3 years.
Under Section 34, vacancies are required to be advertised, with the details of the reservations for the
persons with disabilities, in the Special Employment Exchange and, if not filled, shall be carried forward
to the next recruitment year.
There are also many requirements of reasonable accommodations to be provided by the Government
under Article 38 of the PWD Act and to formulate schemes for the following:
(a) Relaxations of age limit,
(b) Training,
(c) Creation of an enabling environment and providing incentives to employers,
(d) The government is also required to frame an insurance scheme for its employees with disabilities,
and is expressly prohibited from discriminating against employees who acquire disabilities over the
course of their employment as
well as employees with disabilities in the matter of promotions, and
(e) Finally, for those persons with disabilities who are registered with the Special Employment
Exchange and have not been able to find gainful employment for over 2 years, the government is required
to frame a reasonable scheme for unemployment allowance.
Accessibility
Accessing public spaces and infrastructure are addressed in Sections 44 to 47 of the PWD Act Such
measures include adapting public transport facilities for easy access to persons with disabilities, installing
auditory and tactile indicators on public roads and pavements to aid those with auditory and visual
disabilities, and installing ramps, Braille symbols and auditory signals in facilities in public buildings and
medical institutions.
Statutory Authorities and Grievance Redressal
The PWD Act provides for the appointment of a Chief Commissioner for Persons with Disabilities at the
central level under section 57 and Commissioners for Persons with Disabilities at the state level under
Section 60 of the PWD Act. The Commissioners have the powers to:
(i) Co-ordinate with the departments of the State Government for the programmes and schemes for
the benefit of persons with disabilities;
(ii) Monitor the utilization of funds disbursed by the State Government;
(iii) Take steps to safeguard the rights and facilities made available to persons with disabilities; and
(iv) Submit reports to the State Government on the implementation of the Act at such intervals as that
Government may prescribe and forward a copy thereof to the Chief Commissioner.
In addition to these powers, the Chief Commissioner and

Commissioners may of their own motion or on the application of any aggrieved person or otherwise look
into complaints relating to deprivation of rights of persons with disabilities or the non-implementation of
laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the
appropriate Governments and the local authorities for the welfare and protection of rights of persons with
disabilities, and take up the matter with the appropriate authorities. In order to enquire and adjudicate into
these complaints, the Chief Commissioner and the State Commissioners have certain powers of civil court
such as summoning of documents, etc.
Thus, any matter of discrimination or denial by public authorities in matters of recruitment, promotion,
benefits that persons with disabilities are entitled to may be brought before the Commissioners for
adjudication and under Section 62 of the PWD Act and they can recommend appropriate action to be
taken by the offending body.
The Central government and many State governments have enacted rules under the PWD Act which
include rules on the procedure for filing complaints before the Commissioners. The complainants do not
require legal representation during the proceedings, and generally, they may institute a complaint by
submitting complete details of their complaint and facts to the relevant Commissioner. In accordance with
the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules,
1996, complaints are ideally to be disposed of within 3 months from the date of notifying the opposite
party.
In the event that any party is not satisfied with the decision of the Chief Commissioner or the State
Commissioner, the said decision can be challenged in a writ petition in the respective state High Court by
the aggrieved party.
The Rights of Persons with Disabilities Bill - 2016
The LokSabha has passed “The Rights of Persons with Disabilities Bill - 2016”. The Bill replace the
existing PWD Act,
1995, which was enacted 21 years back.
The salient features of the Bill are :
1. Disability has been defined based on an evolving and dynamic concept. The types of disabilities
have been increased from existing 7 to 21 and the Central Government will have the power to add more
types of disabilities. The 21 disabilities are given below:-
1. Blindness
2. Low-vision
3. Leprosy cured persons
4. Hearing Impairment (deaf and hard of hearing)
5. Locomotor Disability
6. Dwarfism
7. Intellectual Disability
8. Mental Illness
9. Autism Spectrum Disorder
10. Cerebral palsy
11. Muscular dystrophy
12. Chronic Neurological conditions
13. Specific Learning disabilities
14. Multiple Sclerosis
15. Speech and Language disability
16. Thalassemia
17. Hemophilia
18. Sickle cell disease
19. Multiple disabilities including deafblindness
20. Acid attack victim
21. Parkinson’s disease

2. Speech and Language Disability and Specific Learning Disability have been added for the first
time. Acid Attack Victims have been included. Dwarfism, Muscular Dystrophy have has been indicated
as separate Class of Specified disability. The New categories of disabilities also included three
blood disorders, Thalassemia, Hemophilia and Sickle Cell Disease.
3. In addition, the Government has been authorized to notify any other category of specified
disability.
4. Responsibility has been cast upon the appropriate governments to take effective measures to
ensure that the persons with disabilities enjoy their rights equally with others.
5. Additional benefits such as reservation in higher education, government jobs, reservation in

allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark
disabilities and those with high support needs.
6. Every child with benchmark disability between the age group of 6 and 18 years shall have the
right to free education.
7. Government funded educational institutions as well as the government recognized institutions

will have to provide inclusive education to the children with disabilities.
a) For strengthening the Prime Minister’s Accessible India Campaign, stress has been given to
ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.
b) Reservation in vacancies in government establishments has been increased from 3% to 4% for

certain persons or class of persons with benchmark disability.
c) The Bill provides for grant of guardianship by District Court under which there will be joint
decision - making between the guardian and the persons with disabilities.
8. Broad based Central & State Advisory Boards on Disability are to be set up to serve as apex
policy making bodies at the Central and State level.
9. Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now
be assisted by 2 Commissioners and an Advisory Committee comprising of not more than 11 members
drawn from experts in various disabilities.
10. Similarly, the office of State Commissioners of Disabilities has been strengthened who will be
assisted by an Advisory Committee comprising of not more than 5 members drawn from experts in
various disabilities.
11. The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as
regulatory bodies and Grievance Redressal Agencies and also monitor implementation of the Act.
12. District level committees will be constituted by the State Governments to address local concerns
of PWDs. Details of their constitution and the functions of such committees would be prescribed by the
State Governments in the rules.
13. Creation of National and State Fund will be created to provide financial support to the persons
with disabilities. The existing National Fund for Persons with Disabilities and the Trust Fund for
Empowerment of Persons with Disabilities will be subsumed with the National Fund.
14. The Bill provides for penalties for offences committed against persons with disabilities and also
violation of the provisions of the new law.
15. Special Courts will be designated in each district to handle cases concerning violation of rights of
PWDs.
The New Act will bring our law in line with the United National Convention on the Rights of Persons
with Disabilities (UNCRPD), to which India is a signatory. This will fulfill the obligations on the part of
India in terms of UNCRD. Further, the new law will not only enhance the Rights and Entitlements of
Divyangjan but also provide effective mechanism for ensuring their empowerment and true inclusion into
the Society in a satisfactory manner.
Page 112
CHAPTER-FOUR
EMPOWERMENT
“Empowerment is viewed as a process: the mechanism by which people, organizations, and communities
gain mastery over their lives.”
Julian Rappaport’s (1984)
The term empowerment refers to measures designed to increase the degree of autonomy and self-
determination in people and in communities in order to enable them to represent their interests in a
responsible and self-determined way, acting on their own authority. Empowerment as action refers both to
the process of self-empowerment and to professional support of people, which enables them to overcome
their sense of powerlessness and lack of influence, and to recognize and use their resources.
1. RIGHT TO INFORMATION
“Information is the new currency of our changing world”
Sunil Kumar Sharma 2017
The Right to Information Act is the product of long struggles of active citizens and civil society
organizations to bring transparency in the functioning of government institutions as well as to make
government servants accountable in discharging their official duties. This Act provides citizens of India
the right to know about their government the way it actually functions and the right
Page 113 Empowerment
to make government officials answerable to the people of this largest democracy of India. Though this is
not a Fundamental Right as provided by the Constitution of India in the third part, and it came into being
as a statutory law, nevertheless it supplements the Fundamental Rights to empower individual in a more
positive manner to act as an informed and active citizen while dealing with the elected government and its
bureaucracy. In a way, it fulfills one of the necessary conditions to make India a functional, vibrant and
relatively participatory democracy.
1. When does it come into force?
It comes into force on the October, 12th 2005 (120th day of its enactment on 15th June, 2005). Some
provisions have come into force with immediate effect viz. obligations of public authorities, designation
of Public Information Officers and Assistant Public Information Officers and constitution of Central
Information Commission, constitution of State Information Commission, Non-applicability of the Act to
Intelligence and Security Organizations and power to make rules to carry out the provisions of the Act.
2. Who is covered?
The Act extends to the whole of India except the State of Jammu and Kashmir.
3. What does information mean?
Information means any material in any form including records, documents, memos, e-mails, opinions,
advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form and information relating to any private body which can be accessed
by a public authority under any other law for the time being in force.
4. What does Right to Information mean?
It includes the right to -
i. Inspect works, documents, records.
ii. Take notes, extracts or certified copies of documents or records.
iii. Take certified samples of material.
iv. Obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other
electronic mode or through printouts.
The Right to Information (RTI) Act is a law enacted by the Parliament of India to provide for setting out
the practical regime of right to information for citizens. It was passed by Parliament on June 15, 2005 and
came fully into force on October 12, 2005. The RTI Act mandates timely response to citizen requests for
government information. It applies to all States and Union Territories of India, except the State of Jammu
and Kashmir, which is covered under a State-level law.
The Act relaxes the Official Secrets Act of 1889, which was amended in 1923 and various other special
laws that restricted information disclosure in India. In other words, the Act explicitly overrides the
Official Secrets Act and other laws in force as on June 15, 2005 to the extent of any inconsistency.
Under the provisions of the Act, any citizen (excluding the citizens within J&K) may request information
from a ‘public authority’ (a body of Government or ‘instrumentality of State’) which is required to reply
expeditiously or within thirty days. The Act also requires every public authority to computerise their
records for wide dissemination and to proactively publish certain categories of information so that the
citizens need minimum recourse to request for information formally.
The RTI Act specifies that citizens have a right to: request any information (as defined); take copies of
documents; inspect documents, works and records; take certified samples of materials of work; and obtain
information in the form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic
mode.
Under the Act, all authorities covered must appoint their Public Information Officer (PIO). When any
person submits a request to the PIO for information in writing, it is the PIO’s obligation to provide
information. Further, if the request pertains to another public authority (in whole or part), it is the PIO’s
responsibility to transfer/forward the concerned portions of the request to a PIO of the other authority
within five days. In
addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to
receive RTI requests and appeals for forwarding to the PIOs of their public authority. This Act facilitates
the citizen of India to obtain government documents, to inspect government documents, to inspect
government works and to get the samples. (Government document means anything big to small including
the Ration card, Election ID card)
In case of information concerning corruption and Human Rights violations by scheduled Security
Agencies, the time frame to obtain any information is 30 days from the date of application. If the
application was submitted through APIO, then the time frame is 35 days. In the case of information
relating to life and death warranting very urgent information, the information to be provided within 48
hours from the time of application. There is a restriction in seeking information according to the Official
Secret Act 1923 and such information will not be revealed or provided to the citizen of India in the
interest of the country’s security. No information pertaining to offices and section dealing with security of
the nation which will endanger the national security, security to personnel; like the defence, CBI, CID,
BSF, Police etc. However, any issues relating to malfunction or corruption in the department are
excluded, and can be sought through this RTI Act.
The Act defines ‘information’ as any material in any form, including records, documents, memos, emails,
opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models,
data materials held in any electronic form and information relating to any private body which can be
accessed by a public authority under any law for the time being in force. Thus the definition of
information is wide, and pertains to information with public authority, about the State and its
functionaries or about any private authority that the public authority is authorized to access. Clearly, with
such knowledge, great power is placed in the citizens’ hands and it becomes difficult for the Government
to take excesses. However, with great
power comes great responsibility and citizens must use this legislation with caution so as not to misuse its
beneficial provisions.
This is very important that we should know how to use right to information and for that matter, first of all
person should know that how the application or request is made to the PIO through this RTI Act?
For that the request or application is made in an ordinary paper with minimum fee of Rs. 10/- against cash
receipt. People below poverty line are exempted from this. A certificate stating that the individual is from
below poverty line should be provided while submitting the application. This is with regard to
information related to Central government. State governments have their own laid down orders and fee
structures.
• How is the information is provided through this RTI Act ?
The requested information is provided as Xeroxed copies of the original document. A sum of Rs.
2 (Rupees two only) is charged as stationery charge for A4 size paper. To obtain information in a
floppy disc, a sum of Rs. 50/-(Rupees Fifty only) is charged. This may vary from state to state of
India.
• What if the information was not provided within the stipulated time frame?
An appeal can be made to the appellate authority. If the first appeal is not replied, then the second
appeal can be made to the Information Commission.
• What action is taken against the PIO who fails to provide information?
The officer is charged Rs. 250 per day as penalty for the delay. He is likely to be charged Rs. 25,000/-
(Rupees twenty five thousand only) for providing wrong information or for denial of information, and
disciplinary action will be initiated against the officer who fails to provide information and if his
explanation is not duly justified.
• Are there any word limitation to make a request in this RTI Act?
There is no word limitation when the Act was brought into force.
• Should we explain the reason for which we are seeking such information?
No. No explanation to a request is necessary and the reason for request needs not be indicated.
• How many requests can be made in one application through this RTI Act?
There was no mention about this in the original Act. However, one information in one request is
suggested in the modification to this Act.
Right to Information Act helps the citizen to exercise their Fundamental Rights to get information without
any denial from the Authorities. It helps people to get information pertaining to self-relating to the
government. It also helps to find out the corrupt functioning of the government and its officials. It keeps a
check on government to conduct its business in a very fair manner. This Act creates a fear in the minds of
government servants to think and work that they are the servants of the people of this nation. Many
government scandals have been brought out to light with the help of this good Act.
MISUSE OF THE ACT
The misuse of the Act, however, are to be found often enough in its use by the applicants for information.
While the Act, via Section. 19, provides for compensation to the complainant in case of any loss or other
detriment suffered, it does not contain any provision for imposition of penalty in case the applicant has
attempted to misuse the Act.
Further, there is no provision in the Act to recover from information seekers the larger costs of compiling
and disclosing the information, certain people frequently and repeatedly put an application under this Act.
There are some who are genuinely fighting for a cause, and there are others who do this in an attempt to
harass public authorities. Often, such applications are quite
frivolous. In Shri R.P. Azad v. Development Commissioner (Handicrafts), the Commission cautioned the
complainant against using the RTI, as the cost of servicing frivolous complaints was huge and he had
already obtained a huge amount of information relating to his grievances, through 24 applications.
Often, applicants attempt to misuse the beneficial provisions of the RTI for personal gain, rather than
public gain. As an example, in one application, the applicant, who was under suspension and had suffered
a major penalty, had asked for voluminous information, including explanations, from his employer about
their operations. The Commission held that his intention was to further his own personal gain and to
harass the Authorities and therefore dismissed his application for even more information.
Power corrupts, absolute power corrupts absolutely, therefore, all persons possessing a portion of power
ought to be strongly and awfully impressed with an idea that they act in trust and that they are to account
for their conduct in that trust.
However, with the people’s right to obtain information comes the duty to use this information judicially
and wisely. The Act should not be used as a means to harass the authorities or to further one’s personal
gain instead of public gain. As with the Government, the citizens of a country too need to be responsible
and conduct themselves with dignity. A system proving access to information gives society the chance to
further the aim of democracy and lead to an open and fair society.
CONSUMER RIGHTS
“It is good to have money and the things that money can‘t buy, but it's good too, to check up once in a
while and make sure you haven 7 lost the things money can 7 buy ”
George Lorimer, American editor & writer
M.K. Gandhi Said “consumer is king”, When we buy a good or service, we rarely have adequate
knowledge about its quality
and safety. We are quite concerned about getting cheated. This is when the need for consumer protection
arises. In the past few years, the subject of consumer protection has become a matter of increasing public
concern because unscrupulous business tactics seriously affect the nation‘s well-being by contributing to
social unrest and by causing undue financial distress to consumers.
Consumer is an individual who buys products or services for personal use and not for manufacture or
resale. A consumer is someone who can make the decision whether or not to purchase an item at the store,
and someone who can be influenced by marketing and advertisements. Any time someone goes to a store
and purchases a toy, shirt, beverage, or anything else, he or she is making that decision as a consumer.
And the consumer rights are the rights to a “consumer” to protect him/ her from being cheated by
salesman/ manufacturer. It means rights are to be protected against the marketing of goods and services,
which are hazardous to life and property. The purchased goods and services availed of should not only
meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should
insist on the quality of the products as well as.
The definition of Consumer Right is ‘the right to have information about the quality, potency, quantity,
purity, price and standard of goods or services’, as it may be the case, but the consumer is to be protected
against any unfair practices of trade. It is very essential for the consumers to know these rights.
However, there are strong and clear laws in India to defend consumer rights, the actual plight of
consumers of India can be declared as completely dismal. Out of the various laws that have been enforced
to protect the consumer rights in India, the most important is the Consumer Protection Act, 1986.
Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the
interests of consumers in India. It makes provision for the establishment of Consumer Councils and other
authorities for the settlement of consumers’ disputes and for matters connected therewith.
According to this law, everybody, including individuals, a firm, a Hindu undivided family and a
company, have the right to exercise their consumer rights for the purchase of goods and services made by
them. It is significant that, as consumer, one knows the basic rights as well as about the courts and
procedures that follow with the infringement of one’s rights.
In general, the consumer rights in India are listed below:
• The right to be protected from all kind of hazardous goods and services.
• The right to be fully informed about the performance and quality of all goods and services.
• The right to free choice of goods and services.
• The right to be heard in all decision-making processes related to consumer interests.
• The right to seek redressal, whenever consumer rights have been infringed.
• The right to promote consumer education.
The Consumer Protection Act, 1986 and several other laws like the Weights, Standards & Measures Act
can be formulated to make sure that there is fair competition in the market and free flow of correct
information from goods and services providers to the ones who consume them. In fact, the degree of
consumer protection in any country is regarded as the right indicator of the progress of the country. There
is high level of sophistication gained by the goods and services providers in their marketing and selling
practices and different types of promotional tasks viz. advertising resulted in an increasing requirement
for more consumer awareness and protection. The government of India has realized the condition of
Indian consumers, therefore, the Ministry of Consumer Affairs, Food and Public Distribution has
incorporated the Department of Consumer Affairs as the nodal organization to protect the consumer
rights, redress the consumer grievances and promote the standards governing goods and services provided
in India.
If there is infringement of rights of consumer then a complaint can be made under the following
circumstances and reported to the close by designated consumer court :
• The goods or services purchased by a person or agreed to be purchased by a person has one or
more defects or deficiencies in any respect.
• A trader or a service provider resort to unfair or restrictive practices of trade.
• A trader or a service provider if charges a price more than the price displayed on the goods or the
price that was agreed upon between the parties or the price that was stipulated under any law that exist.
• Goods or services that bring a hazard to the safety or life of a person offered for sale,
unknowingly or knowingly, that cause injury to health, safety or life.
Consumer Rights under the Consumer Protection Act 1986
Consumer protection is practiced in India since ancient time but it is accelerated recently due to various
issues. In India, different Acts have been implemented to protect the consumers against different forms of
mistreatment that include the Indian Penal Code.
One of the most important legal actions taken by government in the area of consumer
protection/consumer movement has been the endorsement of the Consumer Protection Act, 1986. This
Act was needed because the well-organized sectors of manufacturers, traders and service providers with
the acquaintance of market and controlling skills often try to cheat the consumers. The Consumer
Protection Act, 1986 was enacted to protect the interests of consumers. It is one of the most
comprehensive parts of legislation and covers all goods and services. The purpose of the Act is to provide
for the establishment of the Commission that prevent practices having
adverse effect on competition, promote and sustain competition in markets, protect the interests of
consumers and ensure freedom of trade carried on by other participants in the markets, in India. The
major focus of the Act is on the prohibition of anti-competitive agreements, prohibition against abuse of
dominant position, regulation of combinations, and advocacy of competition policy. Consumer in India is
considered as important. According to Mahatma Gandhi, “A Consumer is the most important visitor
on our premises. He is not dependent on us we are on him. He is not an interruption to our work;
he is the purpose of it. We are not doing a favour to a consumer by giving him an opportunity. He is
doing us a favour by giving an opportunity to serve him.” Though these views are quite encouraging
but in India, there is still need to reform Consumer Act to protect their rights.
There are numerous significant features of the Act. The Act provides for establishing three-tier consumer
dispute redressed machinery at the national, state and district levels. It applies to all goods and services. It
covers all sectors, whether private, public or any person. The Act provides for relief of a specific nature
and also for compensation to the consumer as appropriate. The Act also provides for setting up of
Consumer Protection Councils at the Central, State and District levels, which are advisory bodies to
promote and protect the rights of the consumers. The provisions of the Act are in addition to and not in
derogation of the provisions of any other law for the time being in force. Consumer Protection Act has
been implemented since many decades in India. A number of deficiencies and shortcoming in its
operation have been observed thus requiring amendments on three occasions and still leaving scope for
more improvements.
Consumer Protection Act, 1986 gives benefit to normal consumers by securing less expensive and often
quick redressal of their complaints. The Act commands establishment of Consumer Protection Council at
the Centre as well as in each States and District in order to support the consumers and
generate awareness about their rights. It also provides for a three-tier structure of the National and State
Commissions and District Forums for speedy resolution of consumer disputes. Records show that there
are 632 District Forums, 35 State Commissions with the National Consumer Disputes Redressal
Commission at the apex. The terms of this Act cover goods as well as services. The products covered
under consumer Act are those which are manufactured or produced or sold to consumers through whole
sellers and retailers. The services include transport, telephone, electricity, housing, banking, insurance,
medical treatment etc. In the process of consumer forum, if, the consumer is not convinced by the
decision of the District Forum, he can request to the State Commission and against the order of State
Commission a consumer can appeal in the National Commission.
Although businessman is aware of his social responsibilities even then we come across many cases of
consumer exploitation. That is why government of India provided following rights to all the consumers
under the Consumer Protection Act.
Consumer Rights
In order to safeguard consumer interest, 6 consumer rights were initially envisioned by consumer rights
activists of the West, namely:
1. Right to Safety
2. Right to Information
3. Right to Choice
4. Right to be Heard
5. The Right to Redress
6. The right to consumer education
Right to Safety
According to this Right the consumers have the right to be protected against the marketing of goods and
services which are hazardous to life and property, this right is important for safe and
secure life. This right includes concern for consumer’s long term interest as well as for their present
requirement. Sometimes the manufacturing defects in pressure cookers, gas cylinders and other electrical
appliances may cause loss to life, health and property of customers. This right to safety protects the
consumer from sale of such hazardous goods or services. It is applicable to specific ’ areas the domain
having a serious effect on the health of the consumers or their well-being viz. Automobiles, Housing,
Domestic Appliances, Travel etc., when there is violation of the right then there occur medical
malpractice lawsuits in the country.
Still the government of India does not succeed in acknowledging this fact or making a feeble effort for
maintaining statics of the mishaps. But the government of India needs to have world class product testing
facilities to test drugs, food, cares or any other consumable product that can prove to be a menace to life.
Right to Information
According to this Right to Information, the consumer has the right to get information about the quality,
quantity, purity, standard and price of goods or service so as to protect himself against the abusive and
unfair practices. The producer must supply all the relevant information at a suitable place. Consumers get
information by two ways namely advertising and word of mouth however these sources are considered to
be unreliable but still this word of mouth is quite common here. Because of this, the Indian consumers
hardly have precise and complete information for assessing the true value, safety and suitability of any
product. Usually the hidden costs can found, lack of suitability, quality problems and safety hazards only
after the purchase of the product. There is another right claimed by Indian government on paper, this right
must ideally make sure that all, consumable products have been labeled in a standard manner containing
the cost, quantity, the ingredients and instructions given to use the product safely. It is unfortunate that
even the medicines in the country do not follow a standardized labeling convention. The
Right to Information gives the power to the consumers to have an easy access to information which is
necessary for the consumer.
Right to Choice
According to this Right to Choice, every consumer has the right to choose the goods or services of to
choice his or her likings. The right to choose means an assurance of availability, ability and access to a
variety of products and services at competitive price and competitive price means just or fair price. The
producer or supplier or retailer should not force the customer to buy a particular brand only. Consumer
should be free to choose the most suitable product from his point of view.
Right to be Heard or Right to Representation
The Rights to Safety, information and choice will be frivolous without the right to be heard. This right has
three interpretations. Broadly speaking, this right means that consumers have a right to be consulted by
Government and public bodies when decisions and policies are made affecting consumer interests. Also,
consumers have a right to be heard by manufactures, dealers and advertisers about their opinion on
production, marketing decisions and any grievances of the consumers. Now-a-days, most of the top
manufacturers and firms have set up consumer service cells to attend to consumers’ complaints and take
appropriate steps for their redressal. As a matter of fact, it is necessary that consumers have the right to be
heard in legal proceedings in law courts dealing with consumer complaints.
Right to Seek Redressal:
According to this Right to Seek Redressaal, the consumer has the right to get compensation or to seek
redressal against unfair trade practices or any other exploitation. This right assures justice to consumer
against exploitation. The right to redressal includes compensation in the form of money or replacement of
goods or repair of defect in the goods as per the satisfaction of consumer.
Various redressal forums are set up by the government at national as well as state level.
Right to Consumer Education
It means the right to receive knowledge and skill to become informed consumer. In this direction the
consumer associations, educational institutions and the policy makers can play an important part. They
are expected to impart information and knowledge about:
(i) The relevant laws which are aimed at preventing unfair trade practices,
(ii) The ways and means which dishonest traders and producers may adopt to deceive the consumers,
(iii) Insistence on a bill or receipt at the time of purchase, and
(iv) The procedure to be followed by consumers while making complaints. Effective consumer
education leads to an increased level of consumer awareness and help them to enforce their rights more
effectively, and protect themselves against fraudulent, deceitful and grossly misleading advertisement,
labeling etc.
RESPONSIBILITIES OF THE CONSUMER
Consumer protection is not only about consumers’ rights but also about the responsibilities of the
consumers. Some of them are given hereunder:
1. Being a Green Consumer
A consumer must consume those products which do not cause damage to our environment. It is the most
important for student, societies pant as view people should use biodegradable products which can easily
mix with soil and water after they are disposed off. Similarly, people should save electricity, gas etc., by
judicious use. Consumers are also responsible for automobile pollution in town and cities. They should
use public transport system and eco-friendly vehicles.
2. Dealing with Advertisements
Advertisements have become a part and parcel of our lives and even if we try we cannot avoid them.
Companies are trying to sell their products by making attractive audio-visuals, publishing only that part
which may be eye catching and hiding other crucial information and so on. Consumers need to be
cautious of such deceptive advertisements.
3. Buying Quality Certified Products
There are lot of products which are certified by recognized agencies as safe to consume and good in
quality. For example the Indian Standard Institute (ISI) conducts quality testing of many consumer goods.
It is found proper if the product is labeled with ISI mark on it. For many food products the quality
assurance is certified by seal called AGMARK. Consumers should choose products with ISI mark and
AGMARK. A very important thing before purchasing food products or medicines etc., is that the
consumer must see the expiry date.
4. Demanding Bill of the Purchase
Every consumer must demand the bill after purchase of goods and services. The bill is the proof of
purchase and can be used to seek justice if the consumer feels cheated after buying the commodity.
Through the bill the consumer also ensures that the government receives tax on the product because it is
mandatory for the seller to mention the tax amount on the bill. Such act of the consumer makes him/her a
responsible citizen of the country.
5. Consumers as Managers
Consumers can unite together to provide themselves and the community at large of a locality or village
some basic needs such as drinking water supply, health, education etc.
CONSUMER PROTECTION BILL, 2015
With a view to widen the ambit and amplify the scope of the Consumer Protection Act and to update the
legislation on
consumer protection to keep pace with the changes in markets; ensure fair, equitable and consistent
outcomes for consumers; enable swift executive intervention in the nature of class action both to prevent
consumer detriment and to provide redress to consumers, it has been felt necessary to replace the existing
Consumer Protection Act, 1986 by way of introducing a fresh Bill, namely, the Consumer Protection Bill,
2015 by repealing the Consumer Protection Act, 1986. The Consumer Protection Bill, 2015, was
introduced in LokSabha on August 10, 2015 by the / Minister of Consumer Affairs, Food and Public
Distribution. The Bill has been referred to the Parliamentary Committee on August 26th 2015 and is
expected to submit its report within three months. The Consumer Protection Bill, 2015 provides for the
establishment of an executive agency to be known as the Central Consumer Protection Authority (CCPA)
to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent
consumer detriment arising from unfair trade practices and to initiate class action including enforcing
recall, refund and return of products. This fills an institutional void in the regulatory regime extant.
Currently, the task of prevention of or Acting against unfair trade practices is not vested in any authority.
This has been provided for in a manner that the role envisaged for the CCPA complements that of the
sector regulators and duplication, overlap or potential conflict is avoided. In the Bill, provisions for
Product Liability action for or on account of personal injury, death, or property damage caused by or
resulting from any product has been added. The basis for product liability action and the liability of a
manufacturer to a claimant have been provided. The provision of Mediation as an Alternate Dispute
Resolution Mechanism has been added. This is aimed at giving legislative basis to resolution of consumer
disputes through mediation, thus making the process less cumbersome, simple and faster. This will be
done under the aegis of the consumer courts. The Bill provides for several provisions aimed at
simplifying the consumer dispute adjudication process of the Consumer
Grievance Redressal Agencies. These include, among others:
(i) Enhancing the pecuniary jurisdiction of the Consumer Grievance Redressal Agencies;
(ii) Increasing minimum number of members in the consumer courts to facilitate fast disposal of
complaints;
(iii) Power to review their own orders by the State and District Commission;
(iv) Constitution of Circuit Bench4 to facilitate faster disposal of complaints;
(v) Reforming the process for the appointment of the President and Members of the District
Commission;
(vi) Enabling provisions for consumers to file complaints electronically; and
(vii) File complaints in consumer courts that have jurisdiction over the place of residence of the
complainant, and deemed admissibility of complaints, if the question of admissibility is not decided
within the specified period of 21 days.
CONCLUSION
The Consumer Protection Act is a very unique and highly progressive piece of social welfare legislation
and the provisions are intended to provide effective and efficient safeguards to the consumers against
various forms of exploitations and unfair dealings. It is a handy weapon for consumers to ensure
accountability of producers of goods and providers of services. It provides for setting up a three tier
redressal mechanism and disposal of complaints in a time frame. However, the success of the consumer
movement depends upon the level of awareness among the consumers at large about their rights and
remedies available to them and also the effectiveness of the redress mechanism in providing quick and
inexpensive justice to the consumers. The law can only give certain rights to the consumers, but its
functioning and implementation largely depends on the awareness and efforts of the consumers and other
stakeholders.
Consumer Protection Act ensures that consumers receive

information that will allow Act them to make informed decisions and are not subject to unfair and
deceptive practices, have access to recourse mechanisms to resolve disputes when transactions go awry,
and are able to maintain privacy of their personal information. At its heart, the need for consumer
protection arises from an imbalance of power, information and resources between consumers and their
service providers, placing consumers at a disadvantage. Consumer protection aims to address these
market failures and imbalances. In fact, Government of India has enacted different legislations to
safeguard consumers interests from time to time. However, except for the Monopolies and Restrictive
Trade Practices (MRTP) Act, 1969, all the other Acts were mainly punitive and preventive in nature.
Inspite of these Acts the Centre for Consumer Studies, IIPA 2 consumers did not have an effective
mechanism or institutional arrangement for speedy and inexpensive redressal of their grievances.
Moreover, lack of an effective popular consumer movement isolated the consumer and his plight only
increased. Hence, recognizing the need for equipping a consumer, to be vigilant and empowered with
respect to his rights, the Indian Parliament enacted the Consumer Protection Act in 1986.
Page 131
CHAPTER-FIVE
REDISTRIBUTION,
RECOGNITION AND
LIVELIHOOD
INTRODUCTION
Today, claims for social justice may be to divided into two types: claims for the redistribution of
resources and claims for the recognition of cultural difference. Increasingly, these two kind of claims are
polarized against one another. As a result, we are asked to choose between class politics and identity
politics, social democracy and multiculturalism, redistribution and recognition. These, however, are false
antitheses. Justice today requires both redistribution and recognition. Neither alone is sufficient.
TRADITIONAL RIGHTS OF FOREST DWELLERS
Trees are friends of mankind and forests are necessary for the human existence either for the development
or for providing place for habitation. In ancient times and as per some religious belief trees are
worshipped and prayers are offered for up-keeps of the forests. Forests help in maintaining the ecological
balance. They render the climate equable, prevent soil erosion, promote perennial stream flow in rain-fed
rivers and add to the fertility. They shelter wild animals, preserve gene pools, maintain biodiversity,
protect the tribal people and exhibit cultural
diversity. Tribe in cultural anthropology is a type of human social organization based on small groups
defined by tradition of common descent having political integration above family level and shared
language, culture and ideology. In the ideal model of a tribe, members typically share a tribal name and a
contiguous territory. They work together in such joint endeavor as trade, agriculture, house construction,
and warfare and ceremonial activities. Tribes are usually composed of a number of smaller local
communities. modern anthropologists have replaced it with ethnic groups as they have common ancestry
and language, shared cultural and historical tradition and an identifiable territory. Indian tribes constitute
roughly 8% of the national population and out of which Central Indian States alone constitute 75% of the
total tribes population.
India has to reconcile the apparent conflict between conservation, development and the tribal rights. They
continue to face acute insecurity on habitat and livelihood that tend to exclude them by default.
Development is no doubt demand of the modern age but development should reconcile the eco-balance
should be avoided adverse impact of development on the life and the existence of eco-system.
FOREST DWELLERS (TRIBES)
The tribes or the forest communities are the people whose existence depend on a close and ecologically
sustainable relationships with the forest they inhabit and thus are the prime guardians of the forest as they
have a symbiotic relationship with the forests. India has the largest population of the tribes in the world
comprising about 8% of its population mostly present in the central part of the country (1991 census). At
times and on there have been efforts to control and regulate the activities of the forest communities and
the forest dwellers. It is, however, difficult to reconstruct the picture of these people before the British
intervention. Such reconstruction has to be done from the writings of the colonial administrators
themselves. There was little or no
Page 133 Redistribution, Recognition and Livelihood
interference with the customary use of forest and forest produce. The early days of British rule were
characterized by a total indifference to the needs of forest conservancy. The demands made by occupation
for military purposes, teak export trade and the desire for more and more revenue by removing the forest
and adding the land to the class of land paying revenue marks the change in the policy towards the forests.
The history of Indian forestry is marked by building of railway network. The early years of railway
expansion saw an unprecedented assault on the more accessible forests and caused considerable
deforestation. The fast uncontrolled denudation of forest awoke the colonial administration to the fact that
the forests are not inexhaustible. The need was felt to start an appropriate department and for its effective
functioning the enactment of laws to curtail the previously exercised unlimited rights of the users. The
beginning of the restricted rights affected not only the traditional practices of villages and specially the
tribal communities.
Tribal people have inherent right to their habitat and are dependent on the forest and the forest produce
for their life and livelihood. This right cannot be snatched rather needs to be protected and conserved. The
presence of the forest dwellers in and around forest area gives a complete picture of any forest.
Entitlement of the right to title over a piece of land to a person who had nothing before to his name is
something never heard off. The recognition of the right over the forest produce shall act as incentive to
take proper care and caution for conservation and growth of these products. Such actions shall help to
maintain the ecological balances in the fragile environment. The recognized rights of the forest dwelling
Scheduled Tribes and other forest dwellers poses responsibility and ensures authority for sustainable use,
conservation of biodiversity and maintenance of ecological balance. The rights under the Forest Rights
Act further ensure livelihood and food security of these people. The recognition of “other traditional
forest dwellers” as integral to the very survival and sustainability of the forest is a step further to the
inseparable concept of tribal people and the forest.
India has a huge area out of which nearly 19% is the forestland, which is less than the required forestland
for ecological balance.
TRADITIONAL FOREST DWELLERS ACT, 2006
Across India’s forest areas, people are fighting for democracy, livelihood and dignity. The Scheduled
Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is one instrument
in that struggle.
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is a
welcome step towards aspirations of the considerable population of our country. After the policy of 1988,
two decades later the Government has come up with a people’s legislation to help out the victims of
colonial traders. Their sufferings could never be addressed properly also in independent India as they
were under the shadow of the same laws. The most remarkable feature, interalia, is that their claims over
the forest rights shall be determined by their own elected members of the Gramsabha, not by the forest
officers with whom such people would face inconvenience and hardships. The delay in the
implementation of the law might have given a chance to the official for the forceful eviction from the
forest to lessen the occupied area; the executing agency, therefore, must take proper care and caution in
identifying and determining the claim of the forest dwellers. The need of the time is that the Forest Rights
Act 2006 be implemented in its spirit.
The Forests Rights Act 2006, henceforth FRA, is a major opportunity to strengthen economic and social
security of tribes and other forest dwellers. The Act also attempts to facilitate their political empowerment
thus giving them a basis to participate in various processes so that they have an equal stake in as citizens
of this country. Awareness of their rights ensures that they don’t
remain mere afterthoughts and that they assume visibility after decades of shadowed existence. The Act
aims at restoring traditional rights of forest dwellers and maintaining ecological balance so crucial to the
forest areas. Further, the Act talks about the preservation of sustainable livelihoods of the tribes and other
traditional forest dwellers. The Act aims to correct historical injustice in the form of displacement, land
acquisition, establishment of biosphere reserves and wildlife sanctuaries. The rights identified by the Act
on both individual and community rights. On an individual level, the right to ownership of land is
recognized for subsistence, cultivation or any other common occupation or habitation that secures their
livelihood including the collection of MFP. At the community level, the Act recognizes the right to access
forest products other than timber, including fish from water bodies (NTFP) in addition to traditional and
seasonal access to pastoral resources for grazing are recognized for communities and nomadic tribes.
Community forest rights ensure access to biodiversity and intellectual property rights of traditional
knowledge and cultural diversity. Some of the significant provisions are as follows:
• Community tenures of habitat for Primitive Tribal Groups and pre-agricultural communities
• Rights over disputed lands in any state
• Rights for conversion of pattas/leases/grants issued by any local authority or a state govt. on
forest lands to titles
• Right of settlement and conversion of forest villages and other villages in forests (recorded,
notified or not) into revenue villages
• Right to protect, regenerate, conserve, or manage any community forest resource, which they
have been traditionally protecting and conserving
• Any other traditional rights that are enjoyed by the forest dwelling STs or traditional forest
dwellers (except the right of hunting, or extracting a part of the body of any species of wild animal)
• Right to rehabilitation including alternative land in cases where STs and other Traditional Forest
Dwellers have been illegally evicted/displaced from forest land without receiving legal entitlements.
The Act also prescribes duties such as protection of habitats, wildlife and biodiversity and provides a
framework for forming various committees to ensure that the people themselves have a say in the
governing of the forests they know best. Gram Sabhas and Forest Rights committees are necessary to
build a system of administration that provides a means to protect and uphold these inalienable rights. The
legal framework therefore is essential to operate within to ensure social justice and community
developmental goals are met.
The purpose of the Act is to recognise the rights of forest-dwelling communities and to encourage their
participation in the conservation and management of forests and wildlife. The interpretation and
implementation of the Act in the coming years will determine whether it was merely an attempt by the
government to offer a quick-fix solution or a long term strategy towards the comprehensive resolution of
the conflict. However, an overview of several key provisions of the Act, the context in which they have
emerged and the concessions that have been made to arrive at consensus suggest that the tribal rights
activists and environmentalists remain deeply divided on various issues.
EXPANSION OF THE BENEFICIARIES OF THE ACT
The Bill had initially identified FDSTs as the sole beneficiaries of the Act and excluded the non-tribal
forest-dependent population, which stayed in or depended on forests for livelihoods, but had never been
recognised as forest-dwellers. Social activists apprehended that this exclusion would lead to societal
conflict between people who have historically lived in a mutually beneficial relationship vis-a-vis the
forests. It was, therefore, proposed that the distinction should be drawn between those who
are in the forests for survival and livelihood reasons and those who are there for commercial purposes and
profit making. The Bill also raised the question of equity, recognising that a tribal community could be
subjected to differential treatment in two different States simply because it was categorised as a
Scheduled Tribe in one State but not the other. Further, in many cases, tribal communities had migrated
from their place of origin and settled in other areas for livelihood purposes. Given the limited scope of the
Bill, it was feared that they could be disentitled from claiming rights to forestland, which they had
traditionally inhabited and cultivated.
ISSUE OF TRIBAL WOMEN’S PROPERTY RIGHTS
Tribal women in India suffer from their inherent gender disadvantage coupled with the particularly
vulnerable position that Scheduled Tribes in India occupy. Land, predominantly forestland, occupies a
central position among tribal communities on account of its unique cultural, social and economic
significance in their lives. Inheritance laws in India allow many tribes to be governed by their customary
laws in order to protect their unique traditions.
Tribal women stand at the intersection of two of the most disadvantaged groups in Indian society,
suffering from the socio-cultural, political, geographical and historical handicaps which have affected the
growth and development of both, tribes as well as women in India. The question of women’s access to
property is a complex one, shaped by a multitude of factors that include religion, marital status, kinship
rules, presence or absence of siblings, nature of property in question, tribal status, etc.
Historically, in most communities, women were allowed to inherit land only in the absence of male
agnates. According to some customary tribal rights, women can demand land for “maintenance” in the
case of daughters and parental property and widows but ownership is not her prerogative. Customary laws
have therefore emerged as sites for power contestation, and the
alternation of gender relations with the ‘personal is political’ dictum has effected an improvement in
women’s access to land rights. The women rarely have individual claims; the men are seen as household
representatives.
One of the main failings of the FRA is that it provides for the issuance of deeds to single men or married
couples. The Act has provisions for joint ownership i.e, property can be on either spouses name, It is
silent about the rights of single women, whether widowed, deserted or not yet married. The dominant
assumption is that developmental plans targeted at a given household ensures that the benefits of the
resources are shared equitably. The power structures at the household level have been Undermined while
conceptualising women’s access to schemes and their level of articulation about rights. Androcentric
planning orders, the concept of a unitary household and the gender neutrality of development
interventions and legislations is what has hampered women’s accessibility. Due to political agenda and
election pressure, Pattas in this region have been issued by the government on women claimants’ names
with a definite strategy in mind
LEGAL FRAMEWORK FOR TRIBAL WOMEN’S LAND RIGHTS
Women belonging to Scheduled Tribes fall under a unique grey area insofar as legal provisions relating to
property rights are concerned. In this section, key legal provisions, which have an impact on tribal
women’s land rights will be discussed. Property rights of the tribal women are concerned, they continue
to be ruled by even more archaic system of customary law under which they totally lack rights of
succession or partition. In fact the tribal women do not even have any right in agricultural lands. What is
ironical is that reform to making the property rights gender just are being resisted in the name of
preservation of tribal culture! In Madhu Kishwar & others v. State of Bihar & others, there was a public
interest petition filed by a leading women’s rights activist
challenging the customary law operating in the Bihar State and other parts of the country excluding tribal
women from inheritance of land or property belonging to father, husband, mother and conferment of right
to inheritance to the male heirs or lineal descendants being founded solely on sex is discriminatory. The
contention of the Petitioner was there is no recognition of the fact that the tribal women toil; share with
men equally the daily sweat, troubles and tribulations in agricultural operations and family management.
It was alleged that even usufructuary rights conferred on a widow or an unmarried daughter become
illusory due to diverse pressures brought to bear brunt at the behest of lineal descendants or their
extermination. Even married or unmarried daughters are excluded from inheritance, when they are
subjected to adultery by non-tribals; they are denuded of the right to enjoy the property of her father or
deceased husband for life. The widow on remarriage is denied inherited property of her former husband.
They elaborated further by narrating several incidents in which the women either were forced to give up
their life interest or became target of violent attacks or murdered. Therefore, the discrimination based on
the customary law of inheritance was challenged as being unconstitutional, unjust, unfair and illegal. In
the judgment of this case, the Supreme Court of India laid down some important principles to uphold the
rights of inheritance of the tribal women, basing its verdict on the broad philosophy of the Indian
Constitution and said: “The public policy and Constitutional philosophy envisaged under Articles 38, 39,
46 and 15(1) & (3) and 14 is to accord social and economic democracy to women as assured in the
preamble of the Constitution. They constitute core foundation for economic empowerment and social
justice to women for stability of political democracy. In other words, they frown upon gender
discrimination and aim at elimination of obstacles to enjoy social, economic, political and cultural rights
on equal footing.” Another passage in this judgment that deserves to be quoted, wherein the desirability of
flexible and adaptable laws, even customary law, to
changing times, was emphasized, is: “Law is a living organism and its utility depends on its vitality and
ability to serve as sustaining pillar of society. Contours of law in an evolving society must constantly
keep changing as civilization and culture advances. The customs and cultural mores must undergo change
with March of time. Justice to the individual is one of the highest interests of the democratic State.
Judiciary cannot protect the interests of the common man unless it would redefine the protections of the
Constitution and the common law. If law is to adapt itself to the needs of the changing society, it must be
flexible and adaptable.” The Court declined to be persuaded by the argument that giving the women rights
in property would lead to fragmentation of lands: “The reason assigned by the State level committee is
that permitting succession to the female would fragment the holding and in the case of inter-caste
marriage or marriage outside the tribe, the non-tribals or outsiders would enter into their community to
take away their lands. There is no prohibition for a son to claim partition and to take his share of the
property at the partition. If fragmentation at his instance is permissible under law, why is the
daughter/widow denied inheritance and succession on par with son?” Accordingly, it was held that the
tribal women would succeed to the estate of their parent, brother, husband, as heirs by intestate succession
and inherit the property with equal share with male heir with absolute rights as per the general principles
of Hindu Succession Act, 1956, as amended and interpreted by the Court and equally of the Indian
Succession Act to tribal Christian. In a substantially concurring but separately written judgment another
Judge of the Bench supplemented another significant principle to strengthen the tribal women’s right to
property by reading the right to property into the tribal women’s right to livelihood. The Judge reasoned
that since agriculture is not a singular vocation, it is more often than not, a joint venture, mainly, of the
tiller’s family members; everybody, young or old, male or female, has chores allotted to perform.
However, in the traditional system the agricultural family is identified by the male head and
because of this, on his death, his dependent family females, such as his mother, widow, daughter,
daughter-in-law, grand-daughter, and others joint with him have to make way to a male relative within
and outside the family of the deceased entitled thereunder, disconnecting them from the land and their
means of livelihood. Their right to livelihood in that instance gets affected, a right constitutionally
recognized, a right which the female enjoyed in common with the last male holder of the tenancy.
CONSTITUTIONAL PROVISIONS
Under the Indian Constitution, tribes are given recognition as Scheduled Tribes, through the fifth and
sixth Schedules for the purposes of providing them with certain privileges and guaranteeing protection to
their traditional ways of life. Schedule V of the Indian Constitution identifies special privileges for those
areas where the majority of the population belongs to Scheduled Tribes. Schedule VI applies special
privileges to tribals who reside in the northeastern states of Assam, Meghalaya, Tripura and Mizoram.
The sixth schedule has provided autonomy to the areas and allowed tribes to frame their own rules in
accordance with their customary practices. State and Union legislations are not enforceable in these
regions unless approved by the District Councils, which are expected to legislate in accordance with
customary law. It is also useful to touch upon the relevant Fundamental Rights and Directive Principles of
State Policy which outline Constitutional mandates and the avowed goals of the State. Article 14 of the
Constitution guarantees the Fundamental Right to Equality, while creating an exception for special
provisions towards the advancement of Scheduled Tribes. Article 15(1) prohibits gender discrimination.
The directive principle, under Article 39 (a) enjoins the state to ensure that men and women equally have
adequate means of livelihood. Article 38 directs the State to promote the welfare of people (men and
women alike) by securing a social order in which justice - social, economic, and political-informs all
institutions of national life. Article 44 also
directs the State to endeavor to secure for its citizens a uniform civil code.
SCHEDULED TRIBES : OTHER APPLICABLE LAWS
Reflective of the recent a movement towards a rights-based approach in governance of Scheduled Tribes,
in 1996, the Indian Parliament passed the Panchayats Extension to Scheduled Areas (PESA) Act, which
covers nine Schedule V states, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh,
Jharkhand, Madhya Pradesh, Maharashtra, Orissa and Rajasthan and stresses community rights over
natural resources empowering the tribal Gram Sabhas (village assemblies). The recently enacted Forest
Rights Act also adopts a rights-based perspective acknowledging the preeminent rights of Scheduled
Tribes to natural resources. The Forest Rights Act (FRA) was enacted by the Indian Parliament in 2006
and seeks to restore the rights of Forest- Dwelling Scheduled Tribes and ‘Other Traditional Forest
Dwellers’ (OTFDs) to control and use natural resources. The FRA aims to recognize people’s ownership
and land-use rights at the individual and community level through recognition of Individual Forest Rights
(IFR) and Community Forest Rights (CFR). This Act gave Scheduled Tribes and OTFDs a right to
security of tenure, which is key to their traditional livelihoods and related to strengthening of local self-
governance of forest resources. It is to be noted that the FRA provides for joint titling in the name of both
spouses in case of IFR claims so that patriarchal norms do not obstruct access to property.
Implementation of FRA has faced bureaucratic challenges arising from simultaneous authority of the
Ministry of Tribal Affairs (MOTA), the Ministry of Environment and Forests (MOEF) and the Revenue
Department (Government of India). Forest lands with the most valuable timber were designated as
‘Reserve Forests’ whereas non-forested areas became ‘Revenue lands.’ This led to a denial of customary
community rights of the Scheduled Tribes and their traditional use
of the forest criminalized with forest use being limited to collection of minor forest produce.
Under the Fifth Schedule of the constitution, areas have been demarcated as predominantly tribal areas.
The most important provision is that no land or immovable property can be transferred to persons other
than tribals, the PESA Act, or the 73rd amendment was enforced in order to provide supreme powers to
traditional local institutions in tribal areas called gram sabhas. The Forest Rights Act is the third law that
ties in with the existent legal framework to ensure that these indigenous communities have rights over
land that has been in their possession for centuries. Despite all these provisions, the adivasi woman
remains largely ignorant of what’s happening to her ‘status’. Her space has been confined to household
duties and cultivation or gathering of forest produce and hence for years she has not been able to
comprehend the possibilities that lay beyond her traditional role.
The tribe and forests aspects of the study have been elaborated to set the context of the study; the main
focus within this framework is the women’s access to and awareness of the Forest Rights Act. Therefore,
theoretically, the standpoint of the topic under study is the intersection between gender, tribe and
forestland. Gender spaces in the Forest Rights Act have been duly reserved as follows:
• Chapter 1 Section 2(g) “GramaSabha” means a village assembly which shall consist of all adult
members of a village and in case of states having no Panchayats, No Padas, Tolas and other traditional
village institutions and elected village committees, with full and unrestricted participation of women.
• Chapter 3, Section 2(d)A resettlement or alternatives package has been prepared and
communicated that provides a secure livelihood for the affected individuals.
• Chapter 3 Section 4A right conferred by sub-section (1) shall be heritable but not alienable or
transferable and shall be registered jointly in the name of both the spouses in case of
married persons and in the name of the single head in the case of a household headed by a single person
and in the absence of a direct heir, the heritable right shall pass on to the next-of-kin.
• Chapter 4 Section 8 ( The Sub-Divisional Level Committee, the District Level Committee and the State
Level Monitoring Committee shall consist of officers of the Departments of Revenue, Forest and Tribal
Affairs of the State Government and three members of the Panchayati Raj Institutions at the appropriate
level, appointed by the respective Panchayati Raj Institutions, of whom two shall be the Scheduled Tribe
members and at least one shall be a woman, as may be prescribed.
Women’s access to and control over natural resources is often treated in terms of static and predetermined
‘female domains’. Women operate within a rigid framework of rules. In a predominantly patriarchal
society ordered on gender roles; the space for women is limited. She is duty bound and submissive and
occupies any additional space subject to the prior approval of the patriarchs. The wave of change that has
altered our social rubric has questioned these structures time and again and thus finally legal spaces were
created by State machinery that possess power to alter societal constructs and norms. Women who have
been historically marginalised now have access to claiming equal spaces in political participation thus
representing the interests of one of the most vulnerable groups in our country in almost every aspect,
economic, educational, scientific, legal, political, official, cultural, and familial. Religion is no exception
to these engendered inequalities. The condition of tribal women in terms of five clusters of disadvantages
propounded namely poverty, physical weakness, isolation, vulnerability and powerlessness.
The concepts of power and control of rights and ownership are relatively new additions to the female
vocabulary. Land is intrinsically linked to these concepts since it is the primary source of security with
natural resources supplementing the means of
sustenance. Close examination of these variables in a woman’s world have drastically different meanings
for men and women, the patterns of resource control are disparate. A woman’s exposure to these variables
are incidental and commonplace whereas in a man’s world they are a source of power and control. They
are possessions like the women and progeny and thus the man shall know matters of the state and the
woman shall remain in the dark, working at home and in the fields “women’s and men’s resource-
management activities proceed along isolated, parallel tracks”.
Gender disparities originate at the household level and that is the essentially the sphere that needs to
undergo true change in order for women to fully utilise legal spaces to represent their long silenced
voices. The women interviewed were able to identify spaces for gender equality that would contribute to
upliftment of their status and give them a voice, the interesting aspect of the study was that almost all the
women insisted on having additional rights and were equivocal about men’s preference in the laws or
governmental schemes, the essence of questioning an order and realising that rights are due to all human
being alike was evident in their responses.
RURAL EMPLOYMENT GUARANTEE
Relief through employment under public works pogramme has a long history in India. Ancient rulers,
medieval kings, and colonial state adopted it as a measure to provide social security in case of drought,
failure of agriculture, and other adverse conditions. The sources of public works programme in post-
independence period lie in. Gandhi’s right to work based approach to development.
The notion that public works programs can provide a strong social safety net through redistribution of
wealth and generation of meaningful employment has been integral to the Indian policy-making agenda.
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005 is currently a
major part of this agenda. The Act was enacted at a point in time when more than a decade of sustained
high growth in GDP experienced in the 1980s and the 1990s was perceived not to have made a sufficient
dent in poverty in the rural India.
The Act was notified on September 5, 2005 and was implemented in rural districts in three phases. Each
state is required to design an employment guarantee scheme based on a set of national guidelines. Public
work programmes or employment generation programmes like the Maharashtra Employment Guarantee
Scheme (MEGS), Food for Work Programme (FWP), Sampoorna Grameen Rozgar Yojana (SGRY) and
National Food for Work Programme (NFFWP) have been used to address the issue of unemployment and
generate employment through the creation of labour-intensive productive assets and have thus provided
the foundation for the MGNREGA.
Articles 21, 39 (a) and 41 of the Constitution
• Article 21: The Supreme Court of India in Olega Tellis versus Bombay Municipal Corporation
case (1986) held that the word ‘life’ in Article 21 includes ‘right to livelihood’, as nobody can live
without the means of livelihood.
Article 39 (a): ‘The State shall, in particular, direct its policy towards securing that the citizens, men and
women equally, have the right to an adequate means to livelihood’
• Article 41 directs: ‘The State shall within the limits of its economic capacity and development,
make effective provision for securing the right to work to public assistance in cases of unemployment and
in other cases of undeserving want’.
The Fundamental Right enshrined in Article 16 of the Constitution of India guarantees equality of
opportunity in matters of public employment and prevents the State from discriminating against anyone in
matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of
residence or any of them. National Rural Employment Guarantee
Act (NREGA) also follows Article 46 that requires the State to promote the interests of and work for the
economic uplift of the scheduled castes and scheduled tribes and protect them from discrimination and
exploitation.
PRE-MGNREGS EMPLOYMENT BASED PROGRAMME
1. Federal government sponsored pre-MGNREGS programmes were in numbers, but lacked rights-
based approach and guarantee component
2. National Rural Employment Programme (NREP) 1980-89
3. Rural Landless Employment Guarantee Programme (RLEGP) 1983-89
4. Jawahar Rozgar Yojana (JRY) 1989-99.
5. Employment Assurance Scheme (EAS) 1993-99
6. Jawahar Gram Samridhi Yojana (JGSY) 1999-2002
7. Sampoorna Grameen Rozgar Yojana (SGRY) since September 2001
8. National Food for Work Programme (NFFWP) since 14 November 2004. SGRY and NFFWP
were merged with MGNREGS in 2006.
Article 40 mandates the State to organise village Panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-government. Conferring the
primary responsibility of implementation on Gram Panchayats, die Act adheres to this constitutional
principle. Also the process of decentralization initiated by 73rd Amendment to the Constitution of India
that granted a constitutional status to the Panchayatsis further reinforced by the Mahatma Gandhi NREGA
that endowed these rural self-government institutions with authority to implement the law.
The National Rural Employment Guarantee Act 2005 (NREGA) is a social security scheme that attempts
to provide employment and livelihood to rural labourers in the country. In an effort to make inclusive and
overall development a reality, the
NREGA was passed as a labour law and implemented across 200 districts in 2006. By 2008, it came to
cover the entire country. The scheme was designed to provide any adult who registers for rural
employment a minimum job guarantee of 100 days each financial year. This includes non-skilled work,
making it one-of-its-kind across the world. It was later renamed the Mahatma Gandhi National Rural
Employment Guarantee Act (MGNREGA). The MGNREGA is an entitlement to work that every adult
citizen holds. In case such employment is not provided within 15 days of registration, the applicant
becomes eligible for an unemployment allowance.
The implementation of MGNREGA was left to the Gram Panchayats. According to Government sources,
since the inception of the scheme, the government of India has incurred a total expenditure of INR
289817.04 crores towards the scheme, thereby employing 68,26,921 workers on 2,61,942 worksites (data
as of June 2015). The minimum wages initially determined were INR 100 a day but later revised in
keeping with the state labour employment conventions. The minimum wages are now determined by the
states and range between INR 163 in Bihar to INR 500 in Kerala. The MGNREGA has been at the
receiving end of much criticism over the years. From being criticised for encouraging corruption to
increasing inequality to being called an election card for the UPA- the scheme has been picked apart for a
variety of reasons. Apart from causing a major financial drain on the country’s resources, the actual
benefits of the scheme do not reach the rural labourers, detractors claim.
PRESENT STATUS HAVE THE MGNREGA
Although there are other aspects to the scheme that cannot be ignored, MGNREGA has helped the poor of
the country, and hence it is still continuing.
FEATURES OF MGNREGS
1. Right to work a legal guarantee (An Act of Parliament)

2. Demand driven (previous programmes supply driven)
3. Entitlement to (a) minimum wages (b)Unemployment allowance and compensation due to

delayed wage payment (c) Four facilities at worksite: first aid, drinking water, shelter and crèche for
children below six years
4. Priority to women workers (one-third of total)
5. Priority to wage work (wage material cost in the ratio of 60:40 and works of water conservation
top priority)
6. Funded by the Federal Government (100 % of the wage cost of unskilled workers and 75 % of the
material and wage cost of skilled and semi-skilled workers)
7. Decentralised planning and execution (Institutions of local self-governance (PRIs) are the
principal agencies for planning, implementation and monitoring of the works)
8. Civil society oriented (transparency and accountability through social audit)
9. Three tier grievance redressal mechanisms
Geotagging of assets created under MGNREGA was started after Prime Minister Narendra Modi
emphasised the need for online recording and monitoring of assets to check leakages. Subsequently, on
June 24, 2016, the Ministry of Rural development signed a MOU with National Remote Sensing Centre
(NRSC), ISRO and National Informatics Centre to geotag MGNREGA assets created under each village
panchayats. The geotagging exercise commenced from 1st September 2016. Gram Rozgar Sahayak or a
junior engineer uploads the photos of assets on the Bhuvan web portal run by ISRO’s National Remote
Sensing Centre via a mobile app. The time and location of the asset get automatically encrypted at the
time of upload of the photos. In this way, within a span of seven months, one crore assets have been
geotagged and shared in public domain. In January 2017, Kangra district (Himachal Pradesh) became the
first district in the country to geotag all the assets created under MGNREGA.
Page 150
CHAPTER-SIX
ACCESS TO IDENTIFICATION
DOCUMENTS AND SOCIAL
SECURITY SCHEMES
INTRODUCTION
Priority to a program of social security is needed for its millions of workers. The program recently
adopted is limited in scope both in the protection afforded and in coverage-a fact recognized by the
Director General of the Employees’ State Insurance Corporation. A beginning had to be made
somewhere, he has pointed outand expressed confidently that as the system gains experience and as the
national income increases, “the scope as well as benefits provided under this measure will be enhanced
and will not be long when other risks such as unemployment, old age, death, etc., will also be covered.”
India, the second most populous country in the world and the eighth most important industrial nation, thus
becomes another of the major countries to put into operation a social security system. Although the
coverage of the system is limited, protection is afforded against a number of risks.
India being the largest democracy in the world has the capability to collectively participate in the electoral
campaigns. Being secular country, it is divided into 29 states and seven
Page 151 Access to Identification Documents and Social…
tertiaries. These States are formed of individuals majorly belong to one religion.
Along with its size the population of the country is large. India being a parliamentary democracy holds
elections every 5 years. These electoral campaigns result in the selection of that one political party or an
alliance party that will govern the nation for 5 years. The Prime Minister is also chosen from this political
party.
AADHAR CARD
The Aadhar project was initiated as an attempt towards having a single, unique identification document or
number that would capture all the details, including demographic and biometric information, of every
resident Indian individual. Currently there are a plethora of identity documents in India including
passports, permanent account numbers (PANs), driving licenses and ration cards. The Aadhar card / UID
will not replace these identification documents but can be used as the sole identification proof when
applying for other things. It will also serve as the basis for Know Your Customer (KYC) norms used by
banks, financial institutions, telecom firms and other businesses that maintain customer profiles. Aadhar
numbers will eventually serve as the basis for a database with which disadvantaged Indian residents can
access services that have been denied to them due to lack of identification documents
The Unique Identification Authority of India (UIDAI) was set up by the Government of India on 28
January 2009 as an attached office of the erstwhile Planning Commission of India vide its a gazette
notification. The UIDAI is mandated to assign a 12-digit unique identification (UID) number (termed as
Aadhar) to all the residents of India. As per the notification, the UIDAI has been given the responsibility
to lay down plan and policies to implement UID scheme, to own and operate the UID database and be
responsible for its updation and maintenance on an ongoing basis.
The implementation of UID scheme entails generation and

assignment of UID to residents; defining mechanisms and processes for interlinking UID with partner
databases; operation and management of all stages of UID life cycle; framing policies and procedures for
updation mechanism and defining usage and applicability of UID for delivery of various services among
others.
Aadhar card is a number that serves as a proof of identity and address, anywhere in India. Aadhar card is
a 12-digit unique identity number issued by the Unique Identification Authority of India (UIDAI) is a
central government agency of India to each resident It is considered the world’s largest national
identification number project. But is not that simple. It is an important document and a lot of thought has
gone behind this one.
Who can Apply to AADHAR CARD?
• Any individual, irrespective of age and gender, who is a resident in India and satisfies the simple
verification process laid down by the UIDAI, can enroll for Aadhar.
• The enrollment is free of cost and needs to be done once voluntarily (it is not mandatory).
• Aadhar can be applied for even kids as young as 1 year.
Procedures of AADHAR Card
• To apply for Aadhar card go to any authorized Aadhar enrollment center anywhere in India with
your identity and address proof. Here is how to find the enrollment center near you.
• Fill out the forms that are available for free at the center itself, or you may choose to download it
online. It is advisable to download, take a print out and go to the Aadhar card center with the already
filled application form(s) to save time at the center.
• At the time of enrollment, your photo, finger-prints and iris scan will be taken. Carefully review
the details you have provided and make corrections, if any, during the enrollment
itself.
• During enrollment, you will receive an acknowledgment slip, till the time you don’t receive your
original Aadhar Card copy
• The information details will be verified centrally before you are issued Aadhar Card. Here is a list
of documents that you need while applying for your Aadhar card.
• On successful verification, you will first receive an SMS and/ or email notification and later after
a few days your Aadhar number will be printed and sent to your address through post.
• It is noteworthy that Aadhar Card has been made mandatory to apply for Pan Card or to submit
Income Tax Return (ITR) Also recently Reserve Bank of India has notified that Aadhar Card shall be
required for opening the Bank Account or operating your existing account.
VOTER IDENTITY CARD
India is one of the world’s largest democratic countries, which constitutes of millions of people. Given the
diversity that the country sustains, there are innumerable political parties that have been formed in every
state, district or town. Elections are an elaborate affair in India and also a very integral part of the
democracy. Elections in India are held once every 5 years. As responsible citizens of the nation, it is our
duty to exercise our right to vote. However, since it involves very large part of the population, elections
are never an easy affair. There are innumerable instances of electoral fraud that take place during
elections, beside many other such malpractices. Hence, to smoothen things to an extent, the Election
Commission of India has introduced the system of Voter ID cards.
What Is a Voter ID Card?
A Voter ID Card, also known as the Electors Photo Identity Card (EPIC) is a photo identity card that is
issued by the Election Commission of India to all individuals who are eligible to vote. The primary
purpose of this card is to improve the accuracy of
the electoral roll and to help prevent cases of electoral fraud. Additionally, it also serves as an
identification proof when individual’s cast their vote. This card is commonly known by other names such
as an election card, voter’s card, Voter ID, etc. It was first introduced in 1993 during the tenure of the
former Chief Election Commissioner TN Seshan.
A Voter’s ID in India can be made by following these simple steps:
Step 1: Firstly open this official electoral site of India http:// eci.nic.in/. This site is especially created for
individuals who wish to register for Voter’s ID. The whole idea of this website is to make the process
easy and hassle free.
Step 2: When you log on to the Home Page you have to look for the New User Registration Option. This
option is for individuals who want to create a new Voter’s ID. Citizens who already have an ID can fill in
their mobile number or e-mail ID and login to the website.
This page will then ask you to fill in your registered e-mail ID and mobile number. You will then receive
a verification code on your mobile, type it in and verify your details.
Step 3: Once you are a verified user, you have an account on the website. The next step is to look for
FORM-6. This form will ask you to fill in details like your age, date of birth, place of birth, city, district,
sex and language. Along with your personal details you also need to upload a scanned passport sized
picture, your age proof and your address proof. Bow Click on Submit.
Step 4: After the completion of all the above steps you will get an application number. Be sure to note
down this number, as it will be required in the future to check the status of your card. In a few days your
will receive your Voter’s ID Card.
Step 5: Enter the verification code you just received on your mobile phone and click on proceed. Wait for
a moment and you will see the following screen.
Here, you need to select your state, district and assembly

constituency. Now you can enter your full name, surname, sex, place of birth and village/town. Name,
Sex and village/town fields are mandatory. Please refer the guidelines for instructions about surname and
place of birth. You may leave the Regional Language fields blank. Click on save and wait. After a little
while, you will see continue button click there.
Step 6: You will shortly receive a message mentioning the following: You have been registered as a new
user with User ID: [your phone number] and Password:[your phone number]. You application is saved
with application ID
Step 7 :You will be presented with the detailed Form 6. Fill in all the details such as your name, place of
birth, present address and details of family members who are already registered in the same constituency.
Now upload your latest photograph (which you use for official purpose) along with proof of age and
residence.
Step 8: Click on "Submit" button and you are done! You can preview your form by logging to the ECI
website and also track your status. If anything goes wrong in between, then also you can login to the ECI
website and fill out a fresh application.
Normally within next few days, an election commission representative will visit your home to verify your
address and details submitted at the time of registration. After that you will receive your voter ID card at
your home. In normal circumstances you won’t need to visit the ECI office, but in cases where someone
objects your claim of becoming a voter, you may be called at the office of electoral officer.
Guideline for filling up the Form-6.
Before you start filling up the Form-6, go through the following guidelines. Though these guidelines are
for the physical form, it is also valid for the online version.
Who is Eligible for Filling Form-6
1. First time applicant on attaining age of 18 years or more on the first day of January of the year
with reference to which the electoral roll is being revised.
2. Person shifting her/his place of ordinary residence outside the constituency in which he / she is
already registered.
3. The application can be filed after draft publication of electoral roll of the constituency. The
application is to be filed within the specific days provided for the purpose. Due publicity is given about
the above period when the revision programme is announced.
4. Only one copy of the application is to be filed.
5. Application for inclusion of name can be filed throughout the year even when the revision
programme is not going on. During non-revision period, application must be Filed in duplicate.
How to Fill the Form-6 :
The application should be addressed to the Electoral Registration Officer of the constituency in which you
seek registration. The name of the constituency should be mentioned in the blank space.
Name (With Documentary Proof)
The name as it should appear in the electoral roll and Electors Photo Identity Card (EPIC) should be
furnished. The full name except the surname should be written in the first box and surname should be
written in the second box. In case you do not have a surname, just write the given name. Caste should not
be mentioned except where the caste name is used as part of the elector’s name or a surname. Honorific
appellations like Shri, Smt. Kumari, Khan, Begum, Pandit etc. should not be mentioned.
Age (With Documentary Proof)
The age of the applicant should be eighteen or more on 1st January of the year with reference to which the
electoral roll is being revised. The age should be indicated in years and months. A person born on or upto
1/1/1991 will be eligible for inclusion in the electoral roll which is being revised with reference to 1/1/
2009. Persons born on 2/1/1991 or thereafter upto 1/1/1992 shall be eligible for inclusion during the next
revision with reference to 1/1/2010.
Sex
Write your sex in full in the space provided e.g. Male/ Female. Eunuchs have to choose from one of these
options.
Date of Birth (With Documentary Proof)
Fill up the date of birth in figures in the space provided in dd/ mm/yyyy. Proof of date of birth to be
attached are as under:
a. Birth certificate issued by a Municipal Authorities or district office of the Registrar of Births &
Deaths or Baptism certificate; or
Birth certificate from the school (Govt. / Recognised) last attended by the applicant or any other
recognised educational institution; or
b. Illiterate or semi-illiterate applicant who is not in possession of any of the above document are
required to attach a declaration in prescribed format by either of the parents already included in the
electoral roll in support of the applicants age. The format will be supplied on demand.
N.B : In the case of applicants born on or after 26.01.1989, only birth certificate issued by the Municipal
Authorities or district office of the Registrar of Births & Deaths is acceptable.
Place of Birth
In case born in India, please mention name of place like Village/Town, District, State.
Relation’s Name
In case of unmarried female applicant, name of Father / Mother is to be mentioned. In case of married
female applicant, name of Husband is to be mentioned. Strike out the inapplicable options in the column.
Place of Ordinary Residence
Fill up the full and complete postal address including PIN code where you are ordinarily residing and
want to get registered, in the space provided.
Proof of ordinary residence to be attached are as under:
(i) Bank / Kisan / Post Office current Pass Book, or
(ii) Applicants Ration Card / Passport / Driving License / Income Tax Assessment Order, or
(iii) Latest Water / Telephone / Electricity / Gas Connection Bill for that address, either in the name of
the applicant or that of his / her immediate relation like parents etc., or
(iv) Postal department’s posts received / delivered in the applicant’s name at the given address.
Details of Family Members Already Included in the Electoral Roll
Please fill up name and other particulars of immediate family members i.e. Father /Mother / Brother /
Sister / Spouse included in the current electoral roll of the constituency. Name of any other relation like
uncle, aunt, cousin brother / sisters etc. not to be mentioned.
Declaration
Please indicate date from which you are residing in the given address. In case the exact date is not known,
fill-up month and year. If your name is already included in the electoral roll of any other constituency,
please write legibly the full previous address with PIN code. If you already have been issued with a Photo
Identity Card by the Election Commission, please mention the
card number (printed on the front side) and date of issue (printed on the back side) of the card in the space
provided. Please attach a self-attested photocopy of both sides of the card.
Miscellaneous
In many places the photograph of the elector is also printed in the electoral roll. You have the option to
submit one recent colored passport-size photograph along with the form. The photograph will be used to
print your image in the electoral roll and issue of identity card, if required. Give your full name and
address on the acknowledgement and intimation portions.
Give your mobile number and E-mail I.D in the Form, which is optional, as the same, if given, may be
used by the Electoral Registration Officer for further communication with the applicant whenever
required.
What to do if your Voter ID card is not received after 6 months
You get the application ID through SMS at the time of filing application form. Alternatively, you can also
login to the EC1 website and note down this ID. You should approach the office of electoral officer along
with this ID to seek the reasons/ clarifications. You can also file an RTI with this application number.
Advantages of filing online application
If you file your application online, you will get following advantage:
• No need to visit the govt. office
• No need to get in long queue for photography
• No chance of mistake in form filling
• Online applications are processed much faster
• You get the application ID and can track the status anytime
• Further corrections will be easier
• Since you get your email ID register, ECI can send you
important information in future
You get the photograph of your choice printed on your voter ID card
DRIVING LICENCE
A driving license is basically an official document issued by the Government of India, permitting
individuals to operate or drive a motorised vehicle such as a car, motorbike, truck, bus, etc., on a public
road, without any supervision. In India, a driving license is issued by the Regional Transport Authority
(RTA) or Regional Transport Office (RTO) of that particular state. The Motor Vehicles Act of 1988 states
that no individual without the Driving License is authorized to drive a motor vehicle in a public place.
Hence, if you wish to drive a motor vehicle like car or scooter on roads, you must first hold a valid
driving license in India. If you are practicing to drive a vehicle, you must first get a Learners License
which will act as a provisional license and then must take a test to qualify for getting a Driving License.
With the advent of online facilities that allow users to apply for a Driving License froni the comfort of
their homes, getting a driving license has become an easy task.
TYPES AND ELIGIBILITY CRITERIA FOR DRIVING LICENSE IN INDIA
It is depending on the class of the vehicle, Indian applicants are awarded different driving licenses. Also,
the eligibility criteria varies for driving licenses pertaining to different vehicle classes. Here are some of
the popular vehicle classes for which a driving license can be obtained in India. The eligibility for driving
license in India depends on the class of vehicle and the type of driving license. The eligibility criteria for
different permanent Driving License types in India are given below.
nding on the class of the vehicle, Indian applicants are awarded different
Eligibility Criteria
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applicant must have valid age proof and address proof documents.
9
HOW TO APPLY FOR ADRTVTNG LICENSE IN RTO OR OFFLINE IN INDIA?
The procedure to apply for a Driving License in India is very simple and straightforward. The steps given
below will help you understand how to apply for a Driving License offline.
• The applicant has to obtain a Form 4 which is the application form for motor vehicle driving
license in India. The Form can be downloaded from the state transport website. Alternatively, the
customer can also visit the nearest RTO to procure Form 4.
• Completely fill the application form and submit it with other documents like age proof and
address proof at the RTO in the jurisdiction in which you live. Also, schedule a slot for Driving License
test at the RTO and pay the fee for taking the
test.
• Be present at your Driving License test center on the specified time and date. Once you clear the
test, your driving license will be awarded on the spot or will be sent to your registered address.
• Also, if you are taking driving lesson from a Driving school, the school will help you apply for a
driving license.
DOCUMENT REQUIRED FOR DRIVING LICENSE
While applying for a driving license, the candidate must submit all documents given below. Timely
submission of all necessary documents will ensure a smooth and faster driving license application
process. Refer to the list given below to know what documents will be required while making an
application for driving license in India
1. Age Proof (any one of the below given documents)
• Birth Certificate
• PAN Card
• Passport
• 10th Class mark sheet
• Transfer certificate from any school for any class with date of birth printed on it.
2. Proof of Address required for Driving Licence
Permanent Proof of address (any one from the following)
• Passport
• Aadhaar Card
• Self-owned house agreement
• Electricity bill (issued in applicants name)
• LIC bond
• Voters ID Card
• Ration card
3. Current Proof of address (any one from the following)
• Rental agreement and electricity bill
• Rental agreement and LPG bill
4. Other Requirements for Driving Licence
• Duly filled application form (to get the application form for driving license, visit the nearest
RTO or download it from the online portal for your state)
• Six Passport-sized photographs (when applying for Learners Licence)
• One Passport-sized photograph (when applying for driving licence)
• Application Fees
• If you are staying in other cities, as current address proof, you can present the rental agreement
with one recent utility bill copy which can be gas bill or electric bill.
• Medical Certificate - Form 1A and 1 which is to be issued by a certified Government doctor
• For all applicants over the age of 40 years, a Medical Certificate is mandatory.
PROCEDURE FOR APPLYING NEW DRIVING LICENCE ONLINE
Applicants who are planning to apply for a new driving licence online can do it by visiting the Sarathi
website of the Road Transport and Highways Ministry. Choose ‘New Driving Licence’ option from the
‘Sarathi Services’ column on the website’oter-id/ verifications homepage. You will be redirected to a new
page that has all the information on it. After reading through all the instructions, download the form to
your computer and fill it up with the necessary details.
Online Application Process for Getting Driving Licence
The process for filling out an online application for a Learner’s Licence or Driving Licence is as follows:
• Visit the Sarathi website and download the driving licence application form.
• Fill in the form as per the instructions provided on the screen and click on ‘Submit’.
• In the case of minor applicants, the form is to be printed out and Part D is to be filled out and
signed by the parent/ guardian at the nearest RTO.
• Upload the documents to be submitted along with the application form (proof of age, proof of
address, learner’s licence number).
• A Web Application Number will be generated after submission, which can be used to track the
status of the application.
• Once the application has been processed, a notification will be sent via SMS.
Driving Licence Online Apply
The Driving Licence or DL is one of the most important and valid identity proofs recognized by the
Government of India. The document certifies the fact that the individual holding it is qualified and
authorized to drive in India. In order to drive a vehicle in India, it is mandatory to have a DL.
If you wish to apply for a Driving License online, you can go to the official website the RTO and
download the form. Submit the form along with along the documents that might be required during this
process. You will be issued a Learning License after you successfully pass the first test at the RTO. One
month later, when you apply for another test and pass that too, you will get your Driving Licence.
Online Application Form (Form 9)
Part A
The following details are to be entered on the form:
• Type of License (Learner’s or Driving License)
• State (select from drop down menu)
• Name of RTO/DTO (select from drop down menu)
• Applicant’s name - first name, middle name and surname
• Gender
• Date of birth (in dd/mm/yyyy format)
• Place of birth (optional)
• Country by birth
• Email address (optional)
• Name of either father/husband/wife/guardian in full Permanent address proof (copy is to be with

enclosed along with form)
• Present address
• Citizenship status (by birth/naturalization/registration/descent/ non-Indian)
• Educational qualification
• Identification marks (optional)
• Blood group
Part B
The next part of the form contains information regarding the type of vehicle the applicant is seeking a
licence to drive.
The applicant can list up to 19 vehicle types for which she/he is seeking a licence. The type of licence
(learner’s licence or driving licence) as well as a description of the type of vehicle are to be mentioned.
The Registration Certificate number is to be mentioned.
Part C
The enclosures that applicant is submitting along with the application are to be listed here. The enclosure
documents to be
submitted are proof of the applicant’s address, identity and age, learner’s license or driving licence issued
to the applicant, along with details such as the registering RTO and the date of issue.
Part D
This section consists of declarations that the applicant has submitted the necessary documents and
enclosures if they apply to him/her, such as the medical fitness certificate, licence documents, proof of
exemptions etc.
Part E
This section pertains to those applying for Learner’s Licence and contains a document providing the
parent/guardian’s permission for their ward to apply for a Learner’s Licence. This is applicable in cases
where the applicant is between the ages of 16-18 years at the time of application.
The section is to be signed in the presence of the Licensing Authority by the parent/guardian.
On completion of the form and after reviewing the information, the applicant can submit the form online
by clicking on the ‘Submit’ button at the end of the form.
On submission, an auto-generated Web Application Number will appear on screen. Note the number for
future reference and to check the status of the application.
Documents Required To Be Submitted For Driving Licence (DL)
The following list of documents are to be submitted along with the application form (form 9):
• Learner’s Licence.
• Proof of address: Any one of the following document can be submitted as proof of address:
• Ration card.
• Passport.
• Voter’s identity card (EPIC Card).

• Life insurance policy.
• Utility bills like electricity, telephone bill and gas bill.
• State or Central Government issued payslip.
• Proof of age: any one of the following can be submitted as proof of age:
• PAN card.
• School Matriculation Certificate.
• Voter’s Identity Card (EPIC Card).
• Passport.
• Birth Certificate.
• Aadhar Card
• Driving school certificate (for transport vehicle driving licence applicants).
• All documents pertaining to the vehicle to be used for the driving test
• Passport-sized photograph
Note that online registration for LL is only for vehicles which are used for personal use and not for
commercially transport purposes. In a single online application form the applicant can apply for LL for
more than one category of vehicle. The preliminary test is common for all vehicles irrespective of the
category of vehicle for which the LL is applied.
To apply for a Driving Licence, applicants have to first apply for a Learner’s Licence. The applicant has
to meet the following conditions to apply for a Learner’s licence:
• Applicant has to over the age of 16 years for two wheeler licence and 18 years for four wheeler
licence.
• Learner’s licence holders can apply for a driving licence 30 days after the issue of their Learner’s
licence.
• Learner’s licence holders have to apply for a driving licence within 180 days (6 months) of their
Learner’s Licence being issued.
RATION CARDS
• State Governments issue distinctive Ration Cards to Above Poverty Line, Below Poverty Line
and Antyodaya families.
• Families living below the poverty line are entitled to get Blue/ Yellow/Green/Red cards (issued
by distinctive states) under which they can avail special subsidies.
• Sometimes State governments also issue temporary Ration Cards, which are valid for a specified
number of months and are issued for relief purposes.
• For kerosene oil, one has to obtain an additional card commonly called Blue card. Blue card is
issued to only such persons who do not use LPG
Concerned Authorities
• One will have to visit the District Supply Officer/District Food and Supplies Controller/Assistant
Food and Supplies Officer/ Inspector Food and Supplies in their region to obtain the application form for
making a new Consumer Ration Card.
• The person can also contact at a Circle Office and get a form.
• Now a days, these forms are also available at web portals, (click here for download the proforma
for Delhi)
• After getting the form one should fill in the particulars.
Who can Apply for a Ration Card?
Any person permanently residing who desires to have a ration can be issued if:
• She/He, or some other person on her/his behalf, is not already in possession of such a card.
• She/He or any member of her/his family is not included in another ration card.
How to Apply for Ration Card?
• Obtain the application form for making a new Consumer (Ration) Card from Circle Office or
District Supply Office (in some states).
• The consumer will get prescribed form D-1 from the above mentioned offices.
Documents Required for Applying for a Ration Card
For specified proof(s) of residence
• Water or Electricity bill
• Name in the voters’ list
• Name in the family register
• Letter of the Head of the department if the applicant is in service
• In case of tenant, NOC of landlord or any other relevant document like rent agreement or receipt.
• Surrender/Deletion Certificate
If the applicant has shifted from another place then a cancellation of the old ration card is also required.
Photo Proof
• Passport-sized photographs of the head of the family attested by a gazetted

officer/MLA/MP/Municipal Councilor.
• In case one is not able to provide any proof of residence, the Circle FSO conducts spot inquiries
by recording the statements of two independent witnesses in her/his neighbourhood.
Fee
• Except the cost of Ration card, i.e, Rs 3, no other fee is charged for the service.
• The fee may vary from state to state between Rs 3 and 15.
• The standard prescribed time schedule for the preparation of a Ration Card is generally 15 days.
• However, the procedure and time limit may vary from State to State.
Procedure To Apply For New Ration Cards
1. A rations card is issued to any Indian who is permanent resident of Delhi.

2. Application for issue of new laminated computerized food card, duplicate food card will be
received in the circle office. The applications for issue of new computerized card will be accepted only
from the head of family / applicant.
3. Following self-attested documents are required for issuance of a ration card:
a) Completed Application Form
b) Two (2) photographs of head of family (HOF), one duly attested by Gazetted officer/Area
MLA/Councilor to be stapled on the form and one photograph to be pasted on the application form.
c) Old cancelled / surrendered ration card or surrender certificate, if any.
OR
d) In case the above is not available, an affidavit in original from the area SDM/ authorized Notary
Public/Oath Commissioner.
4. Any one of the following self-attested documents:
a. Copy of election photo identity card or any other identity proof issued by a Government agency
such as driving license, employment I.D. card
b. Electricity/Water bill, bank pass book etc. in the name of (preferably) HOF or another member
whose name is included in the form.
c. In case of house owner.
• Registration deed of house in the name of HOF or allotment letter of housein the name of HOF or
• Power of attorney for purchase of house in the name of HOF or
• Attested photocopy of house tax receipt
d) In case of a tenant:
• No objection certificate from the house owner
• Rent receipt in the name of HOF or
• Photocopy of ration card of the house owner or

photocopy of proof of ownership of the house. In case, if house owner does not give NOC and none of the
above documents mentioned at S.No.4 is available, area inspector will obtain a certificate from any two
neighbors stating that the concerned person(s) stay in the house mentioned in the application form and
attach photocopy of their ration cards.
5. An amount of Rs. 25/ (non-refundable) would be chargeable as the cost of processing fee of New
APL card/ duplicate card.
Issuance of Duplicate Card
6. Old APL, Worn-out/torn APL card. In case ration card is lost, a copy of the FIR and an Affidavit
Process of Application Received
• With a fee of Rs. 25/- (only cash) the form is to be deposited by the applicant at concerned circle
office of that area for fresh Ration Cards to the Dealing Assistant.
• Dealing Assistant gives the date and time of collection of APL Ration card /status including
rejection letter with reasons by capturing Bio-metric impression of the applicant.
• Entry in the system by IT assistant on the same day so that officers in Head Quarter can see it
from their Dash Board.
• Area inspector physically visits the premises for verification latest within 2 weeks and in case of
any shortcoming in documents, the Inspector hands over a deficiency memo to the applicant on the spot.
• Field report to be filled online in the computer by inspector.
• According to the field report and application, FSO approves / rejects the preparation of Ration
card online by verify from central existing database for duplication, if any.
• Online Ration card is created and the same is printed, stitched and affixed with hologram
followed by lamination.
• If application is rejected, rejection letter is printed with reasons.
• The list of prepared APL Ration cards/ rejected applications with reasons willbe put on the
website of the department and notice board of the Circle office.
• Applicant reaches Circle office on the due date and time as mentioned in the receipt of
application for collection of APL Ration card etc.
• Biometric impression will be matched at the time of delivering of card to the head of family /
applicant by circle office.
• Applicant collects the APL Ration card or rejection letter with reasons from circle office.
• 30 days flash on computer for those cards which are not ready for delivery. If the applicant fails
to collect the prepared Ration card within 7 days from the date, the same will be included in the list of
undelivered cards, which are not entitles for PDS allocation and applicant is informed by post.
• Time frame for issuance of fresh card is 45 days.
Benefits of Ration Cards
• A Ration Card is a very useful document for Indian citizens. It
ensures citizens in the procurement of essential commodities at a subsidized rate.
• Now a days, it has also become an important tool of identification.
Use of Ration Card as ID Proof
One is asked to produce a copy of Ration Card as an ID proof at the time of applying for other documents
like:
• Domicile Certificate,
Page 173 Access to Identification Documents and Social….
• Inclusion of name in the Electoral Rolls,
• Getting driving license,
• Telephone connections,
• Mobile SIM cards,
• Passport, etc.
RASHTRIYA SWASTHYA BIMA YOJANA
Social Security and healthcare assurance for all has been the motto of Government of India, and it has
taken various steps in this regard. One of the most important policy milestones is the Unorganized
Workers Social Security Act (2008) enacted by the Central Government to provide for the social security
and welfare of the unorganized workers. This Act recommends that the Central Government provide
social security schemes to mitigate risks due to disability, health shocks, maternity and old age which all
unorganized workers get exposed to and are likely to suffer from. In India more than two this of
expenditure on health is through Out of Pocket (OOP) which is the most inefficient and least accountable
way of spending on health. Supply side financing on health alone has not been found to be successful in
reducing OOP expenditure on health substantially and therefore, to test the demand side financing
approach, Government of India decided to introduce Rashtriya Swasthya Bima Yojana (RSBY), a Health
Insurance Scheme for the Below Poverty Line families with the objectives to reduce OOP expenditure on
health and increase access to health care.
RSBY was launched in early 2008 and was initially designed to target only the Below Poverty Line
(BPL) households, but has been expanded to cover other defined categories of unorganised workers,
covering:
1. Building and other construction workers registered with the Welfare Boards
2. Licensed Railway Porters
3. Street Vendors
4. MNREGA workers who have worked for more than 15 days

during the preceding financial year. The premium cost for enrolled beneficiaries under the scheme is
shared by Government of India and the State Governments. The program has the target to cover 70
million households by the end of the Twelfth Five Year Plan (2012-17). Its main service delivery model
remained as demand financing, freedom of choice among accredited government and private hospitals,
and cashless service reimbursable to provider on a pre-determined package rates on family floater basis,
could become a strong pillar for the universal health care system laid down by Government of India.
Since 1st April, 2015 the Scheme Rashtriya Swasthya Bima Yojana (RSBY) has been transferred to
Ministry of Health & Family Welfare which is administering and implementing the scheme through a
decentralized implementation structure at the State level.
OBJECTIVES
There is two main objectives of Rashtriya Swasthya Bima Yojana:
1. To provide financial protection against catastrophic health costs by reducing out
2. To improve access to quality health care for below poverty line households of pocket expenditure
for hospitalization and other vulnerable groups in the unorganized sector
Implementation of the Scheme
The beneficiaries under RSBY are entitled to hospitalization coverage up to Rs. 30,000/- per annum on
family floater basis, for most of the diseases that require hospitalization. The benefit will be available
under the defined diseases in the package list. The government has framed indicative package rates for the
hospitals for a large number of interventions. Pre- existing conditions are covered from day one and there
is no age limit. The coverage extends to maximum five members of the family which includes the head of
household, spouse and up to three
Page 175 Access to Identification Documents and Social….
dependents. Additionally, transport expenses of Rs. 100/- per hospitalisation will also be paid to the
beneficiary subject to a maximum of Rs. 1000/- per year per family. The beneficiaries need to pay only
Rs. 30/- as registration fee for a year while Central and State Government pays the premium as per their
sharing ratio to the insurer selected by the State Government on the basis of a competitive bidding. At
every State, the State Government sets up a State Nodal Agency (SNA) that is responsible for
implementing, monitoring supervision and part-financing of the scheme by coordinating with Insurance
Company, Hospital, District Authorities and other local stake holders.
Main Features of Scheme
The RSBY scheme is not the first attempt to provide health insurance to low income workers by the
Government in India. The RSBY scheme, however, differs from these schemes in several important ways.
1. Empowering the beneficiary
RSBY provides the participating BPL household with freedom of choice between public and private
hospitals and makes him a potential client worth attracting on account of the significant revenues that
hospitals stand to earn through the scheme.
2. Business Model for all Stakeholders
The scheme has been designed as a business model for a social sector scheme with incentives built for
each stakeholder. This business model design is conducive both in terms of expansion of the scheme as
well as for its long run sustainability.
3. Insurers
The insurer is paid premium for each household enrolled for RSBY. Therefore, the insurer has the
motivation to enroll as many households as possible from the BPL list. This will result in better coverage
of targeted beneficiaries.
4. Hospitals
A hospital has the incentive to provide treatment to large number of beneficiaries as it is paid per
beneficiary treated. Even public hospitals have the incentive to treat beneficiaries under RSBY as the
money from the insurer will flow directly to the concerned public hospital which they can use for their
own purposes. Insurers, in contrast, will monitor participating hospitals in order to prevent unnecessary
procedures or fraud resulting in excessive claims.
5. Intermediaries
The inclusion of intermediaries such as NGOs and MFIs, which have a greater stake in assisting BPL
households. The intermediaries will be paid for the services they render in reaching out to the
beneficiaries.
6. Government
By paying only a maximum sum up to Rs. 750/- per family per year, the Government is able to provide
access to quality health care to the below poverty line population. It will also lead to a healthy
competition between public and private providers which in turn will improve the functioning of the public
health care providers.
7. Information Technology (IT) Intensive
For the first time IT applications are being used for social sector scheme on such a large scale. Every
beneficiary family is issued a biometric enabled smart card containing their fingerprints and photographs.
All the hospitals empanelled under RSBY are IT enabled and connected to the server at the district level.
This will ensure a smooth data flow regarding service utilization periodically.
8. Safe and Foolproof
The use of biometric enabled smart card and a key management system makes this scheme safe and
foolproof. The key management system of RSBY ensures that the card reaches the correct beneficiary and
there remains accountability in terms of issuance of the smart card and its usage. The biometric enabled
smart card ensures that only the real beneficiary can use the smart card.
9. Portability
The key feature of RSBY is that a beneficiary who has been enrolled in a particular district will be able to
use his/ her smart card in any RSBY empanelled hospital across India. This makes the scheme truly
unique and beneficial to the poor families that migrate from one place to the other. Cards can also be split
for migrant workers to carry a share of the coverage with them separately.
10. Cash Less and Paperless Transactions
A beneficiary of RSBY gets cashless benefit in any of the empanelled hospitals. He/ she only needs to
carry his/ her smart card and provide verification through his/ her finger print. For participating providers
it is a paperless scheme as they do not need to send all the papers related to treatment to the insurer. They
send online claims to the insurer and get paid electronically.
11. Robust Monitoring and Evaluation
RSBY is evolving a robust monitoring and evaluation system. An elaborate backend data management
system is being put in place which can track any transaction across India and provide periodic analytical
reports. The basic information gathered by government and reported publicly should allow for mid-course
improvements in the scheme. It may also contribute to competition during subsequent tender processes
with the insurers by disseminating the data and reports.
Who Can be the Beneficiary
The beneficiary is any Below Poverty Line (BPL) family, whose information is included in the district
BPL list prepared by the State government and the family falling into any of the above defined (point
number 1) eleven categories are eligible. The eligible family needs to come to the enrolment station, and
the identity of the household head needs to be confirmed by the authorized Government official.
INDIRA GANDHI NATIONAL OLD AGE PENSION SCHEME
The Indira Gandhi National Old Age Pension Scheme (IGNOAPS) is old age non-contributory pensions
scheme which covers those Indians who are above 60 years of age and also who live below poverty line.
This pension scheme is National Social Assistance Programme’s (NSAP) part that the Ministry of Rural
Development launched in 15 August, 1995. It represents a significant step towards the fulfillment of the
Directive Principles in Article 41 of the Constitution. The programme introduced a National Policy for
Social Assistance for the poor and aims at ensuring minimum national standard for social assistance in
addition to the benefits that states are currently providing or might provide in future. NSAP at present
comprises of Indira Gandhi National Old Age Pension Scheme (IGNOAPS), Indira Gandhi National
Widow Pension Scheme (IGNWPS), Indira Gandhi National Disability Pension Scheme (IGNDPS),
National Family Benefit Scheme (NFBS) and Annapurna.
Eligibility
All the individuals are eligible who are above 60 years of age and below poverty line to apply for the
IGNOAPS.
Pension Amount
All the beneficiaries of IGNOAPS of 60-79 years of age receive Rs. 200 as monthly pension. Those who
are above the
Page 179 Access to Identification Documents and Social……
age of 80 years receive Rs. 500 as their monthly pension.
Government vision is there should be a system devised to credit the pension amount payable to every
beneficiary directly to his account in a scheduled commercial bank or in Post Office. In compliance of
these directions and for increasing the accountability and transparency in the implementation, it has been
decided under NSAP’s various schemes to computerize each beneficiary’s data base. Accordingly, NIC
has been entrusted with this project and also the software development. All the essential processes are
captured by the software till termination from identification of the person. NSAP website has successfully
placed the legacy date of about one crore beneficiaries.
Page 180
SYLLABUS
YOUR LAWS, YOUR RIGHTS
Course Objective
More often than not, when we talk of laws we mean authoritatively sanctioned rules, which are
considered essential for a well-ordered society. Yet laws in a democracy are also about constituting a
society marked by equality, freedom, and dignity. The right approach to law has assumed importance in
democracies, precisely because of people’s struggles to broaden the understanding of law as something,
which reflects the will of the people. As such law becomes an important source of rights and duties,
which develop and strengthen alongside institutions of representative democracy, constitutional norms,
and the Rule of Law. This course aims to understand law as a source of rights, as a progressively
widening sphere of substantive justice, welfare, and dignity. This relationship between laws and rights
will be studied through specific values which have come to be seen as integral for a democratic society
viz., equality and non-discrimination, empowerment, redistribution and recognition of traditional rights
etc.
I. Rule of Law and the Criminal Justice System in India
II. Laws Relating to Criminal Justice Administration
a. How to file a complaint, First Information Report (FIR)
b. Detention, arrest and bail
III. Equality and Non-discrimination

Page 181 Syllabus
a. Gender: the protection of women against domestic violence, rape and sexual harassment
b. Caste: laws abolishing untouchability and providing protection against atrocities
c. Class: laws concerning minimum wages
d. Disability and equality of participation and opportunity
IV. Empowerment
a. Access to information
b. Rights of the consumer
V. Redistribution, Recognition and Livelihood
a. Traditional rights of forest dwellers and the issue of women’s property rights
b. Rural employment guarantee
VI. Access to Identification Documents and Social Security Schemes

Page 182
SOME IMPORTANT QUESTIONS

FOR EXAMINATION
1. Define Rule of Law. Discuss the nature and structure of the criminal Justice System in India
based on rule of law.
2. What is Rule of Law? Do you agree that the criminal Justice System in India is based on Rule of
India?
3. Define criminal Justice System. Discuss the nature and structure of the criminal Justice System in
India.
4. What is First Information Report? Discuss the process for filing a First Information Report is a
police station of India.
5. Discuss the provision related to filing of complaint and F irst Information Report in India.
6. Distinguish between detention and arrest. Discuss the legal process through which one can get a
bail in India.
7. Discuss the various offence against women in India and law related to them.
8. Examine the statutory protections provided to women in India against various forms of violence.
9. Discuss various legal protections given to women in India against domestic violence, rape and
sexual harassment.
10. Do you agree that statutory provisions related to protection of women in India against domestic
violence and rape need to be further strengthened?
11. Discuss the nature of caste discrimination in India Examine the Law abolishing untouchability
and providing protection against caste atrocities.
Page 183 Some Important Questions for Examination
12. Discuss the provisions and relevance of the scheduled caste and scheduled Tribes (Prevention of
Atrocities).
13. What is minimum wage? Discuss the laws concerning the minimum wages in India.
14. Discuss the law related to the protection of rights of the persons with disabilities.
15. What is the process of seeking information under the right to information Act 2005? Examine the
role of this Act is empowering the people India.
16. Examine the role of the right to Information Act 2005 in providing access to information to
information to the citizens in India.
17. “Right to information Act, 2005 provided more access to information to the citizen and brought
transparency in governmental functioning” examine the statement.
18. Discuss laws related to rights of the consumer.
19. Who is a consumer? What are the laws related to protection of rights of the consumer.
20. Discuss the characteristics of the rural job guarantee scheme (MNREGA) and its role in creating
employment opportunities in rural India.
21. Examine the role of MNREGA is generating more employment opportunities in rural India
22. Discuss the traditional rights of forest dwellers in India.
23. Discuss the issues and concerns of women’s property rights in India.
24. Discuss the procedure for obtaining an election Identity Card and Driving Licence.
25. Write Short Notes.
a) Rule of Law
b) Criminal Justice System in India
c) Untouchability
d) Domestic Violence Act
e) Right to Information Act, 2005

f) MNREGA
g) RashtriyaSwasthyaBimaYojna
h) Old Age Pension Scheme

Page 185
IMPORTANT QUESTIONS
1. Which is the highest and final judicial tribunal in respect of the Constitution of India?
Ans. The Supreme Court
2. What is meant by ‘Court of Record’?
Ans. The court that preserves all its records
3. Which is true about the Supreme Court?
Ans. It is the highest federal court of India.
4. From which fund are the salaries of the Judges of the Supreme Court drawn?
Ans. Consolidated Fund
5. A Judge of the Supreme Court of India is to hold office until he attains the age of how many
years?
Ans. 65 years
6. Under which Act was the Supreme Court set up?
Ans. Regulating Act
7. Which Judge of the Supreme Court was unsuccessfully sought to be impeached?
Ans. Justice Ramaswami
8. What does the power of judicial review ensure?
Ans. The constitutionality of Laws
9. In which country did the concept of Public Interest Litigation originated?
Ans. The United States

10. Which amendment curtailed the power of judicial review of the Supreme Court and the High
Courts?
Ans. 42nd
11. For the enforcement of Fundamental Rights, what can the Supreme Court do?
Ans. It may issue a writ.
12. Which writ is issued by the court in’ case of illegal detention of a person?
Ans. Habeas Corpus
13. Under the writ of ‘Mandamus’, Court do?
Ans. If can direct the Government to do or not to do a thing.
14. Which writ is a bulwark of personal freedom?
Ans. Habeas Corpus
15. Which writ may be issued to enforce a Fundamental Right?
Ans. Habeas Corpus
16. What is the total number of High Courts in India at present?
Ans. 24
17. What is the age of retirement of the Judges of the High Court?
Ans. 62 years
18. By whom the oath to a High Court Judge is administered?
Ans. The Governor
19. When can the salaries of High Court Judges be reduced?
Ans. During a Financial Emergency
20. By whom are the Chief Justice and other Judges of the High Court are appointed?
Ans. The President of India
21. At where were the High Courts in India first started?
Ans. Bombay, Madras, Calcutta
22. Who decides the number of Judges in a High Court?

23. Which High Court has the Territorial Jurisdiction over Andaman and Nicobar Islands?
Ans. Calcutta
Page 187 Important Questions
24. With which does the power to extend or restrict the jurisdiction of the High Court rest?
Ans. With the Parliament
25. A Judge of a High Court wanting to resign addresses his letter of resignation to whom?
26. From which fund is the pension of a High Court Judge charged?
Ans. Consolidated Fund of India
27. Which is the only Union Territory that has a High Court of its own?
Ans. Delhi
28. Which jurisdiction of the Indian Judiciary covers Public Interest’ Litigation?
Ans. Epistolary Jurisdiction
29. By whom are the Salaries of the Judges of the Supreme Court determined?
Ans. The Parliament
30. Which Article of the Constitution permits the Supreme Court to review its own Judgement or
order?
Ans. Article 137
31. Who has the right to transfer any case anywhere in India?
32. The disputes regarding the election of the President and the Vice-President of India are decided
by which body?
33. Which court in India is/are known as the Court(s) of Records?
Ans. The High Courts and Supreme Court
34. Who has the right to seek advisory opinion of the Supreme Court of India, on any question of
law?

With which does the power to extend or restrict the jurisdiction of the High Court rest?
With the Parliament
A Judge of a High Court wanting to resign addresses his letter of resignation to whom?
The President of India
From which fund is the pension of a High Court Judge charged?
Consolidated Fund of India
Which is the only Union Territory that has a High Court of its own?
Delhi
Which jurisdiction of the Indian Judiciary covers Public Interest’ Litigation?
Epistolary Jurisdiction
By whom are the Salaries of the Judges of the Supreme Court determined?
The Parliament
Which Article of the Constitution permits the Supreme Court to review its own Judgement or order?
Article 137
Who has the right to transfer any case anywhere in India? The Supreme Court
The disputes regarding the election of the President and the Vice-President of India are decided by which
body?
The Supreme Court
Which court in India is/are known as the Court(s) of Records?
The High Courts; and Supreme Court
Who has the right to seek advisory opinion of he Supreme Court of India, on any question of law?
The President of India

35. Acting Chief Justice of the Supreme Court in India is appointed by which officer/authority?
36. In the Supreme Court of India the, what is number of Judges including the Chief Justice?
Ans. 31
37. Who is the final authority to interpret the Constitution?
38. How many types of writs can be issued by the Supreme Court?
Ans. 5
39. What makes the Judiciary the guardian of the Constitution?
Ans. Judicial Review
40. Who holds the power to increase the number of Judges in the Supreme Court?
Ans. The Parliament
41. What is true for Indian Judicial System?
Ans. It is an independent institution
42. Which Chief Justices of India Acted as the President of India also?
Ans. Justice M. Hidayatullah
43. A Judge of Supreme Court of India holds office till he attains the age of how many year?
Ans. 65 years
44. Who is authorised to transfer the Judges of one High Court to another High Court?
45. A High Court Judge addresses his letter of resignation to which officer?
46. Which High Court has the largest number of Benches?
Ans. Guwahati High Court

47. Who was the first High/Supreme Court Judge, That voluntarily made public his assets?
Ans. Justice K. Kannan
48. What does the “Judicial Review” function of the Supreme Court mean? Examine.
Ans. The constitutional validity of the laws
49. The disputes regarding the election of the President and Vice-President of India are decided by
the:
50. Who holds the power to increase the number of Judges in the Supreme Court?
Ans. The Parliament
51. Who has the right to seek advisory opinion of the Supreme Court in India, on any question of
law?
52. Sovereignty of Indian Parliament is restricted by:
Ans. Judicial review
53. Who of the following Chief Justices of India Acted as the President of India also?
Ans. Justice M. Hidayatullah
54. The Supreme Court of India was set up by the:
Ans. Regulating Act, 1773
55. Who was the Chief Justice of India when Public Interest Litigation (PIL) was introduced to the
Indian Judicial System?
Ans. Justice P. N. Bhagwati
56. The words “Socialist” and “Secular” were added to the preamble of the constitution of India.
Ans. 42nd amendment
57. Who prepared the preamble of the Indian Constitution?
Ans. Jawaharlal Nehru
58. A bill was passed by the parliament in August 2009 to make ‘Right to Education’
Ans. Fundamental Rights

59. Freedom of Press in India is not specifically mentioned in the Constitution.
Ans. It is implied in the wider freedom of expression guaranteed by Article 19(1) (a) of the Constitution.
60. The Right of Children to free and compulsory education Act (Right to education Act)
Ans. April 1, 2010
61. The right to Information Act, 2005 came into force from.
Ans. October 12, 2005.
62. Which was the first country in world to have enacted a legislation for providing for citizens RTI.
Ans. Sweden
63. In India, Rule of Law means
Ans. All are equal before the law.
64. The Rule of Law means
Ans. That no person can be punished unless his guilt is established by fair trial.
65. The Dowry Prohibition Act enacted in
Ans. 1961.
66. National Consumer Day is observed on which date.
Ans. 24th December
67. When was Indian Independence Act passed, by whom and
v on the basis of what plan?
Ans. The Indian Independence Act was passed by the British Parliament on 5th July in 1947. This Act
was passed to give effect to the Mountbatten plan creating the two independent states of India and
Pakistan.
68. What were the options before the Indian native states in the Indian Independence Act?
Ans. The Indian Independence Act gave three options to the Indian native states—(1) to join India—(2) to
join Pakistan—(3) to remain Independent.
69. Who drafted the Indian Constitution?
Ans. The Indian constitution was drafted by the Drafting Committee of the ‘Constituent Assembly.
70. Which High Court has jurisdiction over the State of Arunachal Pradesh?
Ans. Gauhati High Court
71. Who was the chairman of the Constituent Assembly? Who was the Chairman of the Drafting
Committee?
Ans. Dr. Rajendra Prasad was the Chairman of Constituent Assembly. Dr. B.R. Ambedkar was the
Chairman of Drafting Committee.
72. When was the Constitution adopted?
Ans. The constitution was adopted on 26th November 1949.
73. When did the Constitution come into force?
Ans. The constitution came into force on 26th January 1950.
74. According to the Preamble India is what kind of state?
Ans. According to the original preamble India is a Sovereign, Democratic Republic. By 42nd amendment
of the constitution India is made also a Socialist and Secular State.
75. What are the political ideals, according to the Preamble India seeks to secure?
Ans. India seeks to secure to her people:
a. Justice: Social Economic and Political.
b. Liberty: of thought, expression, belief, faith and worship
c. Equality : of status and opportunity, and Fraternity, assuring the dignity of the individual and
unity of the nation.
76. How many Articles are there in the Indian Constitution?
Ans. The original constitution had 395 Articles and 7 schedules. Now after the 80th amendment of the
constitution there are 405 Articles and 10 schedules in the Constitution.
77. What is meant by “Secular and Socialist” as described in the Preamble?
Ans. The preamble describes India to be a secular state. It means that there is no established religion in
India and that state does not give any preference to any religion in India. The 42nd amendment of the
Indian constitution makes India a socialist state. It means that the state shall abolish private ownership of
the means of production and distribution. This however has not yet been achieved. On the other hand the
state now encourages private ownership.
78. Bring out the significance of the terms “Sovereign, Democratic Republic” as mentioned in the
Preamble.
Ans. India is a sovereign state. It means the state in India is the supreme authority over all men and all
associations within the country and is absolutely free from any outside control. India is democratic. It
means that in India all governments are formed on the basis of popular support. India is republic. It means
all offices of the state from the highest to the lowest are held on the basis of merit and no office of the
state is held on the basis of hereditary right.
79. How many states and union territories are there in the Indian Union?
Ans. There are 29 states and 7 union territories in the Indian Union.
80. Which State of the Indian Union has a separate Constitution?
Ans. The state of Jammu and Kashmir has a separate constitution.
81. What is the importance of Article 370 of the Constitution?
Ans. This Article gives the state of Jammu & Kashmir a
separate constitutional status. Laws passed by the Indian Parliament apply to Jammu & Kashmir if they
are accepted by the J. K. legislature.
82. Is the preamble to the Constitution justiciable in character?
Ans. No. The preamble is not justiciable.
83. What is the necessity of the Preamble?
Ans. The preamble is like an introduction to the constitution. The courts use the preamble to clarify: the
meaning of the Law whenever there is an ambiguity.
84. Does the Indian Constitution recognize the principle of dual citizenship?
Ans. Though India is a federation, the principle of dual citizenship has not been accepted in the
constitution. All Indian’s are accepted as the citizens of India. There is no citizenship of the states.
85. When was the Indian Citizenship Act passed?
Ans. Indian Citizenship Act was passed in 1955.
86. Into how many categories are the Indian citizens divided?
Ans. Indian citizens are divided into two categories— citizens by birth and citizens by adoption.
87. What are the provisions of the Indian Constitution regarding integration or creation of new states?
Ans. The Indian Parliament by Acts passed that it can integrate new states into India or can create new
states out of the territory of an existing state or states.
88. How many categories of fundamental rights of citizens has been recognized by the Indian
Constitution?
Ans. Originally the constitution conferred on the Indian citizens seven fundamental rights. They are (a)
right to equality (b) right to freedom (c) right against exploitation (d) right to religious freedom, (e) right
to education and culture (f) right to property and (g) right to constitutional remedies:. At present there are
six fundamental rights. Right to private property has been removed from the list of fundamental rights by
the
44th amendment of the constitution.
89. What is meant by equality in the eye of law?
Ans. Equality in the eye of law as provided by Art. 14 of the constitution mean that nobody is above the
law. Law applies to all persons equally.
90. What are the freedoms granted to citizens by Article 19 of the Constitution?
Ans. Article 19 of the constitution grants six freedoms to the citizens They are right to freedom of - (1)
expression, (2) to assemble peaceably and without arms (3) to form association, (4) to move freely in
India, (5) to five anywhere in India and (6) to adopt any profession or business.
91. What Art of the Constitution forbids use of titles or honor conferred by foreign states?
Ans. Article 18
92. Is the right to work and employment recognized by Constitution?
Ans. No. The directive principle of the constitution declares right to work and employment as desirable.
But the directives are non-justiciable in character.
93. Are the conferment of honour like Bharat Ratna or Padma Bibhusun violative of right to equality
under Art. 114?
Ans. No, because Bharat Ratna, Padma Bibhusun etc. are not considered as titles. They cannot be used
before or after the names of the persons on whom they are conferred.
94. How the Indian Constitution seeks to protect children against exploitation?
Ans. Article 24 of the constitution forbids employment of children in factories, mines, or in hazardous
works.
95. What categories of people can be imprisoned without trial?
Ans. Under Article 22 (3) of the constitution enemy aliens and persons arrested under preventive
detention Acts
can be imprisoned without trial.
96. “India is a Secular State”. What does it mean?
Ans. Indian secularism means that the state does not have any established religion, that people are free to
practice and profess any religion and that the state does not show any preference to any religion.
97. What Article of the Constitutions confer right to freedom of religion?
Ans. Article 25 to 28 confer right to freedom of religion on the citizens.
98. Is possession of private property a Fundamental Right?
Ans. Private property was a fundamental right before the passing of 44th amendment of the constitution.
Now the possession of private property is an ordinary legal right and not a fundamental right.
99. What Art of the Constitution confers right to constitutional remedies?
Ans. Article 32 of the constitution confer the right to constitutional remedies on the citizens.
100. How many kinds of writs the Supreme Court or the High Court may issue in case of transgression
of Fundamental Rights?
Ans. The Supreme Court or the High Courts may issue five kinds of writs. These are writs of (1) Habeas
Corpus (2) Mandamus (3) Prohibition (4) Certiorari and (5) Quo warranto.
101. What is Habeas Corpus? What Art of the Constitution provides for it?
Ans. Habeas Corpus: literally means that human person is sacred. Hence no man can be detained illegally.
Whenever a man is detained he must be produced before a court. This writ is a powerful safeguard against
arbitrary arrest and detention Art. 32 of the constitution provides for Habeas Corpus.
102. Do the members of the armed forces enjoy the Fundamental Rights given by the Constitution?
Ans. The parliament may restrict the fundamental rights by passing laws. Beyond such restrictions the
members of the Armed Forces enjoy their fundamental rights.
103. What are principal duties of the Indian Citizens?
Ans. Obeying the constitution, showing respect to the national flag and the national anthem, defending
India’s sovereignty, integrity, and unity protecting national properties and upholding India’s glorious
mixed culture and also showing respect to woman are the principal duties of the Indian citizens.
104. When were the duties of the citizens added to the Constitution?
Ans. Ten duties of the Indian citizens have been added to the constitution by the 42nd amendment to the
Constitution.
105. In what chapter of the Constitution and in what Article are the Directive principles of the
Constitution given?
Ans. In chapter IV Article 35-51 the Directive Principle of the Constitution are given.
106. What is the principal difference between the directive principles and the Fundamental Rights?
Ans. The Fundamental Rights are justiciable while the directive principals are non-justiciable i.e. the
fundamental rights are enforced by the courts while the Directives are not enforced by the courts.
107. Name four important directives given in the Indian Constitution?
Ans. (1) The states should provide help in cases of old age, unemployment and disability. (2) State should
strive to reduce in-equality between individuals, groups and professions (3) State should promote and
foster rural
cottage industries. (4) The state should provide compulsory free primary education to children below 14
years if age.
108. Name two directives based on the ideal of socialism?
Ans. (A) The state should prevent concentration of the
ownership of the means of production in the hands of the few (Art. 39c).
(B) The state should provide help and assistance in case of unemployment and disability.
109. What directive is based on a Gandhian ideal?
Ans. Article 45 of the constitution directs the state to promote and foster Panchayati Raj in India.
110. What are the value and importance of the directive principles?
Ans. The directive principles though non-justiciable are not worthless. Sir B.N. Rao contends that the
directives are moral precepts. K.M. Panikkar holds that the directives promise India to achieve economic
socialism or economic democracy.
111. What directive aims to secure separation of the executive from the judiciary?
Ans. Art 50 of the constitution direct the state to separate the executive from the judiciary. This is
important to secure the independence of the judiciary from executive control and influence.
112. How the Article related to Fundamental Rights may be amended?
Ans. The Article related to Fundamental Rights may be amended when a bill to that effect is passed by
2/3 votes of the members present and voting in each House of the Parliament but the members present and
voting must constitute a majority of total membership of each House.
113. “An indestructible federation of indestructible states” Does this description apply to India?
Ans. President Abraham Lincoln called the United States an indestructible federation of indestructible
states. This description does not apply to India because an Indian state may be easily destroyed through
the process of Re-organization of States. Hence India may be called an indestructible federation of very
much destructible state.
114. Through how many lists powers have been distributed between the Union and the States in India?
Name them.
Ans. The Indian Constitution distributes powers between the union and the states through three lists, the
Union list, the State list and the Concurrent list.
115. What is the procedure through which powers have been distributed between the Union and the
States in India?
Ans. The Indian Constitution has not followed either the U. S. or the Canadian system of distribution of
powers between the federal government and the governments of the federating units. In the U. S. A. there
is only one list of powers of the national government. The residues belong to the states. In Canada there is
only one list of powers of the governments of the provinces and the residues belong to the central
government. In India there are three lists—the Union list, the State list and the Concurrent list. The
residues belong to the centre.
Page 199
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27/16, Shakti Nagar, Delhi-110007

Year of Publication : 2017

Dr. Chandrakanta K Mathur

Year of Publication: 2017

© Dr. Chandrakanta K Mathur Publisher:

27/16, Shakti Nagar

Plot No. 394, Sanjay Nagar Colony

Pahriya, Ramdattpur, Varanasi, Uttar Pradesh

Your Laws Your Rights

(CBCS Ability Enhancement/Skill Based)

By : Dr. Chandrakanta K Mathur

Source : Mahatma Gandhi [Last Phase, Vol. II (1958), P. 65]

Dr. Chandrakanta K. Mathur

Shyama Prasad Mukherji

College University of Delhi

CHAPTER TWO: LAWS RELATING TO CRIMINAL JUSTICE ADMINISTRATION 35

I. First Information Report (FIR) 43

CHAPTER THREE: EQUALITY AND NON-DISCRIMINATION 58

III. Class: Laws Concerning Minimum Wages 94

IV. Disability and Equality of Participation and Opportunity 99

CHAPTER FOUR: EMPOWERMENT 112

I. Access to Information 112

II. Rights of the Consumer 118

CHAPTER FIVE: REDISTRIBUTION, 131

RECOGNITION AND LIVELIHOOD

I. Traditional Rights of Forest Dwellers and 131

Issue of Women’s Property Rights

II. Rural Employment Guarantee 145

CHAPTER SIX: ACCESS TO IDENTIFICATION 150

DOCUMENTS AND SOCIAL SECURITY SCHEMES

I. Aadhar Card 151

II. Voter Identity Card 153

III. Driving Licence 160

IV. Ration Cards 168

V. Rashtriya Swasthya Bima Yojana 173

VI. Indira Gandhi National Old Age PensionScheme 178

SOME IMPORTANT QUESTIONS FOR 182

IMPORTANT QUESTIONS 185

ROL Rule of Law

IAAI International Airport Authority of India

CBI Central Bureau of Investigation

CIDS Criminal Investigation Department of States

CPC Criminal Procedural Code

MCL Muslim Criminal Law

ACJ Administration of Criminal Justice

IPC Indian Penal Code

UNPFR United Nation Population Fund Report

FIR First Information Report

NCDHR National Campaign on Dalit Human Rights

POA Prevention of Atrocities Act

MWA Minimum Wage Act

FRA Forests Rights Act 2006

PESA Panchayats Extension to Scheduled Areas Act

RTI Right to Information

PIO Public Information Officer

CPA Consumer Protection Act 1986

CPA Consumer Protection Act

IFR Individual Forest Rights

CFR Community Forest Rights

MOTA Ministry of Tribal Affairs

MOEF Ministry of Environment And Forests

FRA Forest Rights Act