Your Lawa Your Rights

Political Science
Your Laws Your Rights

B.A. Pol. Sci. Hons. Semester 3rd&5th
Important Questions
with Answer
NOTES
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Your Laws, Your Rights
Contents
Unit-1: Rule of Law and the Criminal Justice System in India
Unit-2: Laws Related to Criminal Justice Administration
Unit-3: Equality and Non-Discrimination
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
Unit-4: Empowerment
a) Access to Information
b) Rights of the Customer
Unit-5: Redistribution, Recognition and Livelihood
a) Traditional Rights of Forest Dwellers and the Issue
of Women’s Property Rights
b) Rural Employment Guarantee
All Rights Reserved © Manish Verma, for more Notes visit https://www.manishvermanotes.com/
2
Q 1. Discuss the provisions related to filing of complaint and First Information

Report in India.
Answer
introduction
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 his/her behalf.
First Information Report
The term ‘First Information Report’ has not been defined in the Code of Criminal
Procedure. Rather the term has not been used except in section 207 which requires
the Magistrate to furnish to the accused a copy of the First Information Report
recorded under section 154 (1) of the Code. The report first recorded by the police
relating to the commission of a cognizable case is the First Information Report giving
information on the cognizable crime.
The main objective of filing F.I.R. is to set the criminal law in motion. And also, to
enable the police officer to start the investigation of the crime committed and collect
all the possible pieces of evidence as soon as possible.
The various objects of recording F.I.R. are:
 To inform the District Magistrate and the District Superintendent of Police, who
are responsible for the peace and safety of the district, of the offence, reported at
the police station.
 To make known to the judiciary and judicial officers before whom the case has to
be ultimately tried, about the facts and scenario which came out after the
immediate occurrence of the crime.

 To safeguard and protect the accused against subsequent additions or variations.
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Zero FIR
When a police station receives a complaint regarding an alleged offence that has
been committed in the jurisdiction of another police station, it registers an FIR, and
then transfers it to the concerned police station for further investigation. This is
called a Zero FIR.
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.
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.
Kind of Information is Considered in an F.I.R
Only information relating to the commission of a cognizable offence can be termed as
an FIR. It is not necessary that the information must set out every detail of the case. It
need not state the name of the accused also. What is necessary is that it must disclose
information regarding the commission of a cognizable offence.
Information received in the following cases is not considered as FIR:
 Information received after commencement of the investigation.

 Telephonic information, unless it has been given by a known person who discloses
his identity and the message contains all the necessary facts which constitute an
offence and such a message is reduced to writing by S.H.O.
 Information of mere assemblage of some persons.
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 Indefinite, Vague and unauthorized information.
Filing of complaint
 Complaint is defined u/s 2(d) of the Code as “any allegation made orally or in
writing to a Magistrate, with a view to his taking action under this Code, that some
person, whether known or unknown, has committed an offence, but does not
include a police report.
 Complaint is filed with the Magistrate.
 It may relate to the commission of any offence, whether cognizable or non-
cognizable.
 The magistrate is empowered u/s 190 of Cr.P.C. to take cognizance of an offence
upon a private complaint.
 The complaint itself is substantial evidence.
 In a summons case, a complainant can withdraw a complaint against all or any of

the accused, at any time before a final order is passed. (Sec. 257)
 The Complainant must take an oath before the Magistrate.
 The complainant is liable for malicious prosecution if the complaint is found to be
false.
Difference between a complaint and an FIR
 The CrPC defines a “complaint” as “any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Code, that some person,
whether known or unknown, has committed an offence, but does not include a
police report.”
 However, an FIR is the document that has been prepared by the police after
verifying the facts of the complaint. The FIR may contain details of the crime and
the alleged criminal.
 If, on the basis of a complaint, it appears that a cognizable offence has been
committed, then an FIR under Section 154 CrPC will be registered, and police will
open an investigation. If no offence is found, the police will close the inquiry.
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Conclusion
The FIR is the first step of Criminal Procedure that leads to the trial and punishment of
a criminal. It is also the most important supportive evidence on which the entire
structure of the prosecution case is built-up.
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Q 2. Discuss the various offenses against women in India and the laws related to
them.
Answer
Introduction
The term "violence against women" refers to many types of harmful behavior
directed at women and girls because of their sex. One of the most widely accepted
definitions of violence against women has been framed by the United Nations. Article
1 of the declaration on the elimination of violence against women defines it 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 deprivations of liberty, whether occurring in public or private life".
Violence Against Women in India
The term “offences against women” also known as “violence against women” or
“gender-based violence” means violent and physical acts which are solemnly
directed towards women or girls. These violent and physical acts against women are
increasing at an alarming rate across the world. Women may be the victims of any of
the general crime such as ‘murder’, ‘robbery’, ‘theft’ etc. but when the crimes are
specifically directed against the women, or where the victims are the women, then such
crimes are characterized as ‘crime against women’ such as rape, abduction, threats etc.
There are many legal provisions to safeguards the interest of women. These legal
provisions provide punishment for crimes against women. Indian Penal Code, 1860 laid
down the various provisions related to the offence committed against women. The
offences against women can be classified as follows.
Various offenses against women in India
Dowry death Offences
Dowry death is the most common offence against women in Indian society. When a
daughter is born in a family, they considered their daughter as a burden. Because they
have to give dowry to her wedding. On failure, the girl has to face the consequences,
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which might be her getting murdered, tortured or burnt alive. This offence has been
dealt with under Section 304-B. As per the explanation of this section, the term ‘dowry’
will have the same meaning as per Section 2 of the Dowry Prohibition Act, 1961 (28 of
1961). This section was added to the Penal Code by an amendment in 1986. The sub-
section (1) of the Section 304-B defines dowry death and according to it the following
are essential ingredients of this section:
 The death must be caused by burns or bodily injury;
 The death must occur within the seven years of marriage;

 Such death or bodily injury must be done with cruelty or harassment by her
husband or any other relative of her husband;
 Such cruelty or harassment must be connected with the demand for dowry and
soon before her death.
Acid attack
The cases of acid attack in India are rising day by day despite the rigorous
punishment provided by the Penal Code. The offence of acid attack is not something
unheard of in India, daily we witness as many cases of acid attacks in our country. This
kind of activity is covered under Section 326A and 326B of the Penal Code. The
former talks about voluntarily causing grievous hurt by use of acid and the latter talk
about its attempt. Section 326A laid down the punishment as imprisonment for any
described term which may increase up to ten years and also liable to pay fine.
Sexual harassment
The universal recognized basic human rights include protection from sexual
harassment and right to work with dignity. In the most well-known case Vishakha V
State of Rajasthan held that sexual harassment at the work place in the most glaring
example of human rights violation, gender in equally and injustice all the incident of
sexual harassment at the work place also results in the violation of fundamental
rights under the constitution, these rights are rights to gender
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equality and right to life and liberty. The sexual harassment of female at the work place
is incompatible with the dignity and the honor of the women needs no argument.
Laws related to offences against women
1. Legal Rights and Laws

India has specially made laws for violence against women.
For example, the Domestic Violence Act, the Protection of Children from Sexual
Offences (POCSO Act), and the POSH Act (for the protection of women from sexual
offenses at the workplace) are some of the few laws for curbing violence against
women.
2. Post-NIRBHAYA: A major amendment has been introduced in the criminal law in
2013 which dictates that it is mandatory for any police officer to register a
complaint, the moment, a woman brings the issue to his/her notice.

3. Fast Track Courts to deal Rape Cases – Fast Track Courts have been set up for
speeding up the trial process through so that the victims get speedy justice without
undue delay.
4. Nirbhaya Fund: Nirbhaya Fund is a Rs.10 billion corpus announced by the

Government of India in its 2013 Union Budget. This fund is expected to support
initiatives by the government and NGOs working towards protecting the dignity
and ensuring the safety of women in India.
5. Dowry Prohibition Act,

Dowry Prohibition Act, Indian law, enacted on May 1, 1961, intended to
prevent the giving or receiving of a dowry. Under the Dowry Prohibition Act, dowry
includes property, goods, or money given by either party to the marriage, by the
parents of either party, or by anyone else in connection with the marriage. The
Dowry Prohibition Act applies to persons of all religions in India.
Conclusion
In India, there is a patriarchal society where women face discrimination in

different ways. In such types of societies, men always try to overpower women and
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for this they use the tool of violence. In our country, women face violence at every
place whether it’s her home or workplace or even public place. Despite having so many
laws under the Indian Penal Code, 1860 and other specific laws like the Dowry
Prohibition Act, 1961 etc., we are still lagging to provide security to women of our
country. Domestic violence, acid attack, rape are the common offences against the
women. And the cases of such offences are rising at a disturbing rate, the newspapers
are full of such cases.
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Q 3. Discuss the provisions and relevance of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 in safeguarding the rights of the
Scheduled Castes and the Scheduled in India.
Answer
Introduction
As India undergoes a rapid growth and prosperity phase, it is allowing all sections of
society the chance to envision, create, and increase the standard of living of their
communities. The Scheduled Castes and Tribes have emerged as one of the most
progressive communities of Indian society due to their educational, economic, and
social empowerment. The Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (Act) has prevented a wide range of offences against the
Scheduled Castes and Tribes. These special courts (established under the Act) work to
protect the rights and privileges of the victims and assist them in receiving relief.
Scheduled Castes
Article 341 of the Constitution of India deals with notification of Scheduled Castes.
Article 341 of Constitution of India defines as to who would be Scheduled Castes with
respect to any State or Union Territory.
Scheduled Tribe
Article 342 of the Constitution of India deals with the notification of Scheduled
Tribes. Article 342 of Constitution of India defines who would be Scheduled Tribes with
respect to any State or Union Territory.
Objectives and purpose of the SC and ST Act, 1989
Scheduled Castes and Scheduled Tribes in the state and union territories are defined
in Article 342(1) and Article 366(25) of the Indian Constitution as a special category of
tribe or community as and whenever declared by the President. The following are the
objectives and the purpose of the Act:
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 The Act is the primary legislation aimed at preventing the occurrence of crimes
against Scheduled Castes and Scheduled Tribes.
 According to the Act, Special Courts and Exclusive Special Courts shall be
established for the purpose of trying individuals charged with such atrocities.
 As per the Act, funds are provided for their free rehabilitation, travel expenses, and
maintenance expenses, with officers empowered to ensure that the act is
appropriately implemented.
Provision of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989
 Section 21 of the said Act states that the government is responsible for ensuring
the effectiveness of the Act. For effective implementation, the state government
shall take measures in accordance with the Rules. Some of these
measures/provisions include:
 Provisions were people subject to atrocities must have access to adequate facilities,
including legal aid so that they can seek justice.
 In case of an investigation or trial involving an offence under this Act, provisions
shall be made for the payment of travelling and maintenance expenses to
witnesses, including victims of atrocities.

 Rehabilitation measures for the victims of atrocities, including economic and social
assistance.
 An officer is appointed to initiate prosecutions for violating the provisions of the
Act or exercise supervision over those prosecutions.

 The setting up of committees at appropriate levels to assist the state government
in formulating or implementing such measures, as deemed appropriate by that
government.
 To survey the working of the provisions of this Act periodically so that measures
can be suggested for improving their implementation.
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 Adoption of measures to ensure the safety of those from Scheduled Castes and
Scheduled Tribes who are likely to be subjected to atrocities in specific areas.
 Furthermore, the Central Government shall prepare every year a report pertaining
to the measures taken by itself as well as by the state governments in accordance
with Section 21 that shall be placed before the lower and upper houses of
Parliament.
RIGHTS OF SC and ST
 It punishes crimes against people belonging to Scheduled Castes and Tribes.
 It vests special protections and rights with the victims.

 It creates Special Courts and special public prosecutor for speedier completion of
cases.
 Commission of offences only by particular persons (by non-SCs on SCs and non-
STs on STs).
 Punishment for public servant (non-SC/ST) in case of neglect of duties.
 Denial of anticipatory bail.
 Gives compensation, relief, and rehabilitation for victims of atrocities or their legal
heirs.
 Mandatory and periodic monitoring system at District, State, and National level.
 Identification of atrocity prone zones.
 Ministry of Social Justice is the nodal ministry to enforce the provisions of the Act.
Relevance of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 in safeguarding the rights of the Scheduled Castes and the
Scheduled in India.
Role of public servants
A non-SC or ST public servant who neglects to perform his or her duties related to SCs
or STs will be liable to imprisonment for a period of six months to one year. There are
several duties that the Amendment Act specifies, including:
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 registering a complaint or FIR,
 reading the information given orally to the informant before taking their signature
and giving them a copy of the information.
Presumption as to the offences
If the accused had personal knowledge of the victim or his family, the court shall
presume that the accused was aware of the victim’s caste or tribal identity, unless the
defendant proves otherwise.
Constitution Safeguards SCs & STs
 The Constitution of India has prescribed, protection and safeguards for the SC,
Stand other weaker sections,
 With the object of promoting their educational and economic interests and
removing social disabilities.

 These social groups have also been provided institutionalized commitments
through the statutory (required) body, the National Commission of SCs.
 The Ministry of Social Justice & Empowerment is the nodal Ministry to oversee the
interests of the SCs.
Conclusion
India’s constitution mentions equality, but because of the traditional caste system,
many people treat lower caste people unfairly. As a matter of fact, the Indian
constitution grants various fundamental rights to the lower castes in order to abolish
this form of discrimination based on caste, but the reality is that even the constitution
of India falls short of guaranteeing them equality. The SCs and STs have been subjected
to various forms of disparagement despite many measures having been adopted to

improve their socio-economic conditions.
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Q.4 What are the safeguards provided to a disabled person under the Disabilities
Act?
Answer
Introduction
Government helps Disabilities person through financial aid, policy and act. The Person
with disabilities showed that about 63% of persons with disabilities are essential and
government financial. There are difficulties in getting help. Subsequently, necessary

measures were taken by the Department of Disability Empowerment of the
Government.
Disabilities Act
The safeguards provided to a disabled person under the Disabilities Act
1.Rights of Persons with Disabilities Act, 2016
Rights of Persons with Disabilities Act, 2016 simply called the RPWD act, promotes
and protects the rights and dignity of people with disabilities in educational, social,
legal, economic, cultural and political spheres. The RPWD Act, 2016 was enacted in
2016 and came into force in 2017. The Act was enacted to give effect to the United
Nations Convention on the Rights of Persons with Disabilities and connected matters.
The RPWD act promotes and protects the rights and dignity of people with
disabilities in various aspects of life – educational, social, legal, economic, cultural and
political. The Act covers the following specified disabilities locomotor Disability,
intellectual Disability, mental Behaviour (Mental Illness), disability caused due to
Chronic Neurological Conditions, blood Disorder and multiple Disabilities
Features of the Act
 The Act lays Responsibility on the appropriate governments to take measures and
ensure that PWDs enjoy equal rights.
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 The types of disabilities have been increased from 7 to 21. The Central Government
will have the power to add more types of disabilities.
Provision for guardianship:
 District Court or any authority designated by the State Government under which
there will be a joint decision–making between the guardian and the persons with
disabilities.
 Central & State Advisory Boards on Disability will be set up as policy-making
bodies.
 The office of the Chief Commissioner of PwDs and the State Commissioner of
disabilities will be strengthened and will act as regulatory bodies and Grievance
Redressal Agencies and also monitor implementation of the Act. These Offices will
be assisted by an Advisory Committee comprising experts in various disabilities.
 National and State Fund will be created to provide financial support to PwDs.
 Penalties for offences committed against PwDs.
 Designated special Courts to handle cases concerning violation of rights of PwDs.
2. Education Law for the Disabled
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. 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, castor language.
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3.Legal measures about Person with disabilities
 Constitutional measures: Article 41 of the Indian Constitution's policy element
provides for the assistance of the differently-abled. With this, Article 21 provides
for a dignified life.

 Situatory measures: There is a provision of adequate protection for them in the
Person with disabilities Public Rights Act.
 State List in the Seventh Schedule of the Disability Security Amendment.
4.Problem of Person with disabilities
 Emotional inferiority: - The biggest problem of Person with disabilities is
emotional inferiority. Due to its shortcomings, it creates a sense of inferiority in

them, which hinders their development.
 Distance from essential facilities: - The most problem for disabled people is the
distance from their health, employment facility. Which makes them more
vulnerable.
 Social boycott: - Disabled people have to face social boycott. Which leads to a
deterioration in their social status, this condition makes them prone to depression
by making them a victim of mental harassment. To remove this social exclusion,
from 2016, the use of the word Person with disabilities started in place of the
handicapped.
 Not exercising rights: - Person with disabilities public speech and expression get
away from dignified life, due to which they are not able to exercise their rights.
 Inadequate data: - Inadequate data concerning them removes their access to
good governance.
5. Help by Government Initiative of disabilities person
Sugamya Bharat Abhiyan
A nationwide major campaign to achieve universal access that will enable persons with
disabilities to have access to equal opportunity and live independently and participate
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fully in all aspects of life in an inclusive society. This campaign is targeted at the
environment, traffic, information, and communication.
Deendayal Disabled Rehabilitation Scheme
Under this scheme, NGOs are provided with financial assistance to provide various
services to persons with disabilities, such as special schools, vocational training centers,
community-based rehabilitation,
National Fellowship for Students (RGMF)
The objective of the scheme is to increase opportunities for students with disabilities
for higher education. Under the scheme, 200 fellowships per year are offered to
students with disabilities.
Conclusion
Person with disabilities people are a very disadvantaged class. Their problems and
situation demand different solutions than normal people. Also, the Corona-related
guidelines were given to disabled people last year. In this epidemic, the protection of
the disabled is of particular importance.
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5.What is the process of seeking information under the Right to Information
Act (2005)? Examine the relevance of this Act in empowering the people in
India.
Answer
Introduction
The RTI Act allows any Indian citizen to participate in governance by enabling her or
him to seek information about Central and state government activities. Issues that
relate to national security and external affairs, however, are not covered by the Act.
Right to Information Act of 2005
As per the Right to Information Act of 2005, the word Information may refer to any
material in any form such as records, documents. Memos, e-mails, opinions, pieces of
advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
models, data material held in any electronic form and also includes information related
to any private body which can be accessed by the public authority under any other law
for the time being in force.
Objectives of the Act
The primary aim of the Right to Information Act is to empower the citizens of a
country. To achieve this, the government of the country should work to promote
transparency and accountability in work done by the Government, eradicate
corruption and make the democracy work in favour of the citizens in a real sense.
Informed citizens are better equipped and prepared to keep a constant vigil on the
instruments of the governance and hold the government more accountable to the
people.
This Act is a massive step towards making the people of a country more informed
about the activities carried out by the government. The following are the objectives of
the Right to Information Act.
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 To ensure that the citizens have the right to information.
 To promote the transparency of information.
 To promote the openness in administration.

 To prevent the administrative arbitrariness.
 To ensure the accountability in public administration.
 To prevent corruption.
 Informed citizens are essential for the proper functioning of a democracy.

 To hold the government and their instrumentalities accountable to the governed.
In simpler terms, make the government more responsive.
Format of Application
There no specific prescribed form of application for seeking information. An
applicant may file their claim on a plain sheet of paper and giving details of the
information required on the sheet. The applicant must mention the address at which
the data is needed to be sent.
However, there are a few exceptions in some State Government such as Arunachal
Pradesh, Daman and Dui, Haryana, Himachal Pradesh, Kerala, Maharashtra, Sikkim,
Orissa and some other state governments have a prescribed format for the application
of Right to Information which the applicant has to complete while applying in these
States.
Method of seeking application
A citizen of India who desires to obtain any information under the Act should appeal
to the Public Information Officer of the concerned public Authority in writing in English
or Hindi or in the official language of the area where the application is made. The form
should be accurate and specific. The applicant may send the form by post or through
electronic means or can deliver it personally in the office of the Public Authority. The
application can also be forwarded through an Assistant Public Information Officer.
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Relevance of RTI Act in empowering the people in India.
RIGHT TO INFORMATION AND GOOD GOVERNANCE HELPS TO COMMON
PEOPLE
The privilege of the right to information is a way making enactment which exposes the
mystery of organization. It is a successful intends to promote popularity-based belief

system. The demonstration is an effective instrument to battle against defilement. By
understanding this criticalness, the Second Administrative Reform Commission had
arranged a definite outline for patching up people in general authoritative framework.
The second Administrative Reform Commission, the legislature of India has distributed
its initial report in Right to Information. The Master key to great administration.
Through this report, the commission specifically said that entrance to information can
enable poor people and weaker areas of society to request and government
information about open arrangements and activities, in this way prompted welfare of
all. Great administration and appropriate to information are complementary to each
other. A country whatever type of government it seeks after must satisfy the goals of
basic man.
The great administration is the main road, which can give surety the life of people. The
great administration is portrayed by-political responsibility, accessibility of
opportunity, bureaucratic responsibility, accessibility of information, adequacy,

proficiency, reputable native and collaboration amongst government and
society. All things considered, the Right to information is a characteristic culmination
of good administration. The authorization of RTI act 2005 presents an open and
straightforward government and gives each resident appropriate to look for and get
information to make the organization more mindful and straightforward which implies
great administration. Thus, World Bank once properly commented, right to
information is an indispensable piece of good administration.
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COOPERATIONS
Participation of both men and women is the cornerstone of good governance.
Representative democracy does not mean the rule of chosen few; it must take into
interest of all sections specially the most vulnerable sections in the society. The Right
to information acts gives people a chance to participate not just one in five years, but
every day and question any decisions. The right to Information act gives an
opportunity to the common men to participate in governance and reduce the
imbalance in power relationship, provides a tool to oppose injustice and allows

collective spirit to make democracy work for everyone. Right to information act also
strengthen grassroots democracy and ensures peoples participation in local
governance and development activities.
Significance of the RTI Act
 The RTI Act, 2005 empowers the citizen to question the secrecy and abuse of
power practiced in governance.
 It is through the information commissions at the central and state levels that access
to such information is provided.
 RTI information can be regarded as a public good, for it is relevant to the interests
of citizens and is a crucial pillar for the functioning of a transparent and vibrant
democracy.
 The information obtained not only helps in making government accountable but
also useful for other purposes which would serve the overall interests of the society.
 Every year, around six million applications are filed under the RTI Act, making it the
most extensively used sunshine legislation globally.

 These applications seek information on a range of issues, from holding the
government accountable for the delivery of basic rights and entitlements to
questioning the highest offices of the country.
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 Using the RTI Act, people have sought information that governments would not
like to reveal as it may expose corruption, human rights violations, and
wrongdoings by the state.

 The access to information about policies, decisions and actions of the government
that affect the lives of citizens is an instrument to ensure accountability.
 The Supreme Court has, in several judgments, held that the RTI is a fundamental
right flowing from Articles 19 and 21 of the Constitution, which guarantee to

citizens the freedom of speech and expression and the right to life, respectively.
Criticism of RTI Act
 One of the major set-back to the act is that poor record-keeping within the
bureaucracy results in missing files.
 There is a lack of staffing to run the information commissions.
 The supplementary laws like the Whistle Blower’s Act are diluted, this reduces the
effect of RTI law.
 Since the government does not proactively publish information in the public
domain as envisaged in the act and this leads to an increase in the number of RTI
applications.
 There have been reports of frivolous RTI applications and also the information
obtained have been used to blackmail the government authorities.
Conclusion
The Right to Information Act has not achieved its full objectives due to some
impediments created due to systematic failures. It was made to achieve social justice,
transparency and to make an accountable government. This law provides us with a
priceless opportunity to redesign the processes of governance, particularly at the

grassroots level where the citizens’ interface is maximum. It is well recognized that the
right to information is necessary, but not sufficient, to improve governance.
23
Q 6. Discuss the characteristics of the rural job guarantee scheme (MNREGA)
and its role in creating employment opportunities in India.
Answer
Introduction
Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA)
has made immense contributions towards livelihood security and the creation of
durable assets in rural areas. It has been a valuable employment tool and safety net as
seen in the migrant crisis. Despite the high demands of the scheme as suggested in
the Economic Survey 2021-22, the allocation for the MGNREGS in the FY 2022-23
budget has been disappointing.
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), also
known as Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGS)

is Indian legislation enacted on August 25, 2005. The MGNREGA provides a legal
guarantee for one hundred days of employment in every financial year to adult
members of any rural household willing to do public work-related unskilled manual
work at the statutory minimum wage. The Ministry of Rural Development (MRD), Govt
of India is monitoring the entire implementation of this scheme in association with

state governments
MGNREGA Goals
 Strong social safety net for the vulnerable groups by providing a fallbacks
employment source, when other employment alternatives are scarce or inadequate
 Growth engine for sustainable development of an agricultural economy. Through
the process of providing employment on works that address causes of chronic

poverty such as drought, deforestation and soil erosion, the Act seeks to strengthen
the natural resource base of rural livelihood and create durable assets in rural areas.
24
Effectively implemented, MGNREGA has the potential to transform the geography
of poverty
 Empowerment of rural poor through the processes of a rights-based Law

 New ways of doing business, as a model of governance reform anchored on the
principles of transparency and grass root democracy Thus, MGNREGA fosters
conditions for inclusive growth ranging from basic wage security and recharging
rural economy to a transformative empowerment process of democracy.
Characteristics of MGNREGA
1.Objective: The primary objective of the scheme is to guarantee 100 days of

employment in every financial year to adult members of any rural household willing to
do public work-related unskilled manual work.
Legal Right to Work: Unlike earlier employment guarantee schemes, the act aims at
addressing the causes of chronic poverty through a rights-based framework.
 At least one-third of beneficiaries have to be women.
 Wages must be paid according to the statutory minimum wages specified for
agricultural labourers in the state under the Minimum Wages Act, 1948.
2.Demand-Driven Scheme: The most important part of MGNREGA’s design is its
legally-backed guarantee for any rural adult to get work within 15 days of demanding
it, failing which an ‘unemployment allowance’ must be given.
This demand-driven scheme enables the self-selection of workers.
3.Decentralized planning: There is an emphasis on strengthening the process of
decentralization by giving a significant role in Panchayati Raj Institutions (PRIs) in
planning and implementing these works.
The act mandates Gram Sabha’s to recommend the works that are to be undertaken
and at least 50% of the works must be executed by them.
25
4.Time-bound guarantee of work and unemployment allowance: Employment
must be provided within 15 days of being demanded failing which an ‘unemployment
allowance’ must be given.
5.Worksite facilities: All work sites should have facilities such as crèches, drinking
water and first aid.
Role in creating employment opportunities in India.
MGNREGA and EMPLOYMENT GENERATION
The MGNREGA with the aim to reduce poverty has generated huge employment
opportunities for the rural livelihood. The MGNREGA can target development using
huge demand for casual work in the rural areas. It has made a dent on poverty, by
increasing employment opportunities to the rural people. During the year 2006-07 the
Programme was implemented in 200 districts, in this 2.10 crore households were
employed and 90.5 crore person days of employment were generated.
1. Employment generation: Since this program’s introduction in 2006, it has altered
the rural Labour market’s makeup. Rural households were given the chance to
make a minimal income by receiving employment cards under this Programme.
2. Increasing wage rate: Increasing the wage rate in rural areas and thereby
increasing the purchasing power in rural India

3. Thrust to the rural economy: Strengthening the rural economy through the
creation of infrastructure assets.
4. Financial inclusion: Payments under the scheme today are mostly by way of direct
transfer into beneficiary accounts which in turn forced people to open 10 crore new
bank or post office accounts. The scheme has indirectly enabled households to get
freed from the clutches of local money lenders too.
26
Challenges of MGNREGA
Ridiculously low wage rate: MGNREGA wage rates are now lower than the matching
state/UT minimum wages in 34 of 35 states and union territories. The MGNREGA wage
rate cannot be less than the state’s minimum agricultural wage rate, according to
several rulings. Because workers aren’t interested in working for MGNREGA
programmes due to the absurdly low pay rates, contractors and intermediaries are now
in control locally.
Inadequate budgetary allocation: Researchers determined that the scheme should
have received an allocation of Rs 76,131 crore, which was less than the actual amount,
to satisfy the registered work requirement in 2017–18. Similar to practically every year,
the first six months see more than 80% of the funds depleted.
Conclusion
India is a nation with growing economy and second largest population in the
world more than 120 crores among them one forth will comes under poverty line
Further, a significant part of this workforce has reverse migrated from cities to rural
areas. In order to address this migrant crisis, the government has allocated an
additional fund of Rs 40,000 crore for MGNREGA, as part of the stimulus package
under Atma Nirbhar Bharat Abhiyan.
27
Q 7. What is the difference between arrest and detention? Discuss the rights
available to the citizens at the time of arrest.
Answer
Introduction
In criminal law, people often make the mistake of thinking that being arrested is the
same as being detained. While both involve interaction with police, an arrest means
that you are charged with a crime while detention is merely a moment of
questioning by police. Regardless of whether you are detained or arrested, it is in
your best interests to consult with an experienced criminal defense lawyer.
Meaning of Arrest
Arrest is a legal term which means to restrain or apprehend someone and taking
that person into custody by legal authority, particularly in response to a criminal
charge against the person. When a person is being arrested, his or her maximum
liberties or freedom of movement are confined by law enforcement and he or she is
put into protective custody of law. It is an act of taking a person into legal custody or
control on the ground of a criminal charge or suspicion.
Meaning of Detention
The term “Detention” can be defined as, “When the Police Officer or any other
Authority or any individual hold or detain an individual or group of persons under the
suspicion of an illegal act but does not charge them with the crime is known as the
Detention.
The main difference between detention and arrest
In case of a person being detained, he is not formally accused of committing a crime

but is simply restricted and kept in police custody on a reasonable suspicion. During
the time in custody, he is questioned or investigated by the police authorities. After

the police questioning, the person detained would be released.
28
The situation would be entirely different if a person was arrested. A person can
only be arrested if he is charged for a crime and once, he is arrested and has to be
produced before a magistrate within the next 24 hours.
Rights available to the citizens at the time of arrest.
Rights with respect to arrest and detention under the Criminal Procedure Code,
1973 (CrPC)
The Constitution of India and the Code of Criminal Procedure, 1973 provides certain
rights to the arrested person. In law there is known as “presumption of innocence
till he has proven guilty” which means that it is required that an arrested person
treated with humanity, dignity and respectfully until he is proven guilty by the court
of law.
1. Right to be Informed
Section 50(1) of CRPC it has been mentioned that the police officer who is
arresting without warrant shall inform to the person arrested, the grounds of his
offence for which he has been arrested. And if the offence which he has committed
is bailable in nature then it is also the duty of the police officer to inform to the
arrested person that he is entitle to be released on bail and he may arrange for
sureties on his behalf. Article 22(2) of the Indian constitution also states that the
arrested person must be informed the grounds of his arrest.
2. Right to be released on Bail

Section 50(2) of the CRPC states that if the accused has committed a bailable
offence then the police officer is entitled to inform the arrested person about his
right to be released on bail. Article 21 of the Constitution ensures the right to liberty
of every person until and unless he proven guilty. Moreover, it is his right to know
that even in a non-bailable offences he may be granted bail, if a bail is granted by
the court after taking into consideration the nature or heinousness of the offence.
Section 167 also provide right to the accused to be released on bail if investigation
29
relating to his offence has not been completed within sixty days or ninety days from
the date of his detention. This is also known default bail.
3. Right to be taken before Magistrate without Delay

According to Section 56 of CRPC, the police officer who is making such an
arrest whether with or without warrant is bound to produce the accused within 24
hours of his detention before magistrate excluding the time taken for travelling
from the place of arrest to the Magistrates court.

4. Right to be examined by a Medical Practitioner
According to Section 54(1) of CRPC accused have the right to have a full body
medical examination. This examination can help the accused to disprove the
offence which he is said to have been committed or can gather evidence that the
offence has been committed by some other person. But it can happen only when
magistrate give the permission to do so.
Conclusion
India faces a huge problem of illegal arrests as well as custodial deaths, which are
majorly caused due to illegal arrests. These problems undermine the essence of
Article- 21 of the Indian Constitution as well as the fundamental human rights that
are available to everyone under the Universal Declaration of Human Rights.
30
Q 8. What is the Rule of Law? Discuss the nature and the structure of the
Criminal Justice System in India based on Rule of Law.
Answer
Introduction
The concept of rule of law is of old origin. Greek philosophers such as Plato and
Aristotle discussed the concept of rule of law around 350 BC. Plato wrote “Where the
law is subject to some other authority and has none of its own, the collapse of the
state, in my view, is not far off; but if law is the master of the government and the
government is its slave, then the situation is full of promise and men enjoy all the
blessings that the gods shower on a state”. Aristotle wrote “law should govern and
those who are in power should be servant of the laws.”
The derivation of the phrase ‘Rule of Law’ is from the French phrase ‘la principle de
legalite’ which implies principle of legality. By this phrase it refers to a government
based on principles of law and not of men. One of the basic principles of Constitution
is rule of law and this concept is up to standard in both India and America Constitution.
Meaning of Rule of Law
To simply understand the meaning of rule of law, it means that no man is above law
and also that every person is subject to the jurisdiction of ordinary courts of law
irrespective of their position and rank. The term ‘rule of law’ is originated from
England and India has taken this concept. The concept of rule of law further requires
that no person should be subjected to harsh or arbitrary treatment. The word ‘law’ in
rule of law means that whether he is a man or a society, he must not be governed by
a man or ruler but by law. In other words, as per Article 13 of the Indian Constitution
rule of law means law of land.
According to Black’s Law Dictionary: “Rule of Law” means legal principles of day-
to-day application, approved by the governing bodies or authorities and expressed

in the form of logical proposition.
31
CRIMINAL JUSTICE SYSTEM IN INDIA
The system that deals with agencies of government that are responsible for enforcing
the law in the country, maintaining peace and harmony and treating criminal conduct
is known as the criminal justice system.
The aim of the Criminal Justice System is to punish the guilty and protect the
innocent. Although the broad contours of the Criminal justice system are seldom
codified, these can be inferred from different statutes, including the Constitution and
judicial pronouncements. In a democratic civilized society, the Criminal Justice
System is expected to provide the maximum sense of security to the people at large
by dealing with crimes and criminals effectively, quickly and legally.
More specifically, the aim is to reduce the level of criminality in society by ensuring
maximum detection of reported crimes, conviction of the accused persons without
delay, awarding appropriate punishments to the convicted to meet the ends of
justice and to prevent recidivism.
Objectives of a criminal justice system
 The various objectives of the criminal justice system are
 To punish the wrongdoers.
 Prevent the further occurrence of crime in society.

 Regulate the behaviour and conduct of people, especially criminals.
 Provide relief to the victim.
 Treatment of offenders and their rehabilitation.
 To create deterrence in the minds of people at large not to indulge in any criminal
activity.
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Nature
Criminal Justice is the delivery of justice to those who have committed crimes. It refers
to the structure, functioning and decision processes of agencies that deal with crime
prevention and investigation prosecution and punishment and correction, it is a loose

confederation of agencies that perform different and independent funded and
manage authorities. It deals with many things to maintain Rule of Law as criminal
justice is one of the major components of Rule of Law.
Criminal Justice evaluates the criminal justice system. An effective criminal justice
system is a key aspect of the Rule of Law as it constitutes the conventional mechanism
to redress grievances and bring action against individual for offences against society.
Effective Criminal Justice are capable of investigating and adjudicating criminal
offences successfully and in a timely manner. Though a system that is impartial and
non-discriminatory and is free of corruption and improper govt. influence, all while
ensuring that the rights of both victims and the accused are effectively protected. The
delivery of effective criminal justice system also necessitates correctional system that
effectively reduce the criminal behaviour.
Structure of the Criminal Justice System
Broadly, the criminal justice systems have the following three Structure Law
Enforcement, Adjudication (Prosecution, Defense Lawyers and Courts) and Corrections
and Prisons
1. Law Enforcement: Law enforcement the agencies that take a report for crimes,
investigates them and gathers evidence (usually includes police forces)

2. Prosecution: are the lawyers who represent the state. They review the evidence
collected by law enforcement and take a decision whether to drop the charges or
file charges to present in the court.
33
3. Defence Lawyers: They lawyers who defend the accused against the government's
case. They are either hired by the accused or are assigned by the court if the
accused can’t afford to hire one.

4. Courts: Courts decide upon the cases based on the law and pronounce judgments.
5. Corrections and Prisons: If the offenders are convicted, they are put in jail or in
the community on probation or parole. The department supervises them.
Criticism
The criminal justice system of India is a several decades old system, based on the
system established by the British in India during Raj. The system more or less remains
the same, without any major changes If we talk about today’s reality in India it
increasingly reflects the idea of ‘Power’ rather than ‘Justice’. ‘Extra Judicial Killings’ or
‘fake Encounters’ which is the ugly reality of us system and can be seen in the recent
cases of encounters done by Police.
Conclusion
Rule of Law is the best tool to achieve the Aim. Some of the efforts are also taken by
the court where the Rule of Law is linked with Human Rights of the people. Strategy is
being evolved by the court by which government can be forced not only to submit to
law but also to create conditions where capacities can be developed by the people so
as to enjoy their rights in proper and meaningful manner. In the Indian society, the
rule of law has not achieved the intended results. A few examples where rule of law
was upheld by our judiciary and ensured justice can be clearly seen in the creation of
new avenues seeking remedies for human rights violations by filing of PIL pleas.
34
Q 9. Discuss the different legal safeguards provided to women against domestic
violence in India.
Answer
Introduction
Domestic violence is as old as recorded history which has been reported in virtually
every society, every civilization. Discrimination and oppression leading to physical,
mental or emotional violence has been accepted as a part of every patriarchal society.
Except recent reference is found, domestic violence has been both socially and legally
acceptable. Some important event, laws, codes, provide historical context, within which
conceptualization of domestic violence becomes crystal clear. Two major elements

combined to seal the status of women are male dominance and projecting women as
‘property’ an object belonging to men and secondly expectations from women as an
ideal ‘role model’ suit each other, in such a way as to make her vulnerable and subject
to discrimination, oppression and all sorts of victimization and resultantly compel their
subordination.
MEANING OF DOMESTIC VIOLENCE
"‘Domestic violence is violent victimization of women within the boundaries of
family, usually by men. Domestic violence is in a majority of cases violence against

women by the members of house where she resides. It can be the husband, his parents,
or siblings or any other resident who has the overt or covert latitude for actions that
can cause physical or mental agonies to women…it happens behind closed doors and
is most often denied by the very women who has been victim of violence.’
Term “Domestic Violence against women” means any act or conduct which has
potential to injure or hurt women physically, mentally, emotionally, socially, and also
spiritually within the four walls of house, however, such an act or conduct is done
usually not by strangers.
35
WHO defines Violence: "the intentional use of physical force or power, threatened or
actual, against oneself, another person, or against a group or community, which either
results in or has a high likelihood of resulting in injury, death, psychological harm,

maldevelopment, or deprivation
FORMS OF DOMESTIC VIOLENCE
Physical Abuse
1. Pushed or shoved you.

2. Held you to keep you from leaving.
3. Slapped or beaten you.
4. Kicked or choked you
Sexual Abuse
1. Minimized the importance of your feelings about sex.
2. Criticized you sexually.

3. Insisted on unwanted or uncomfortable touching.
4. Withheld sex and affection.
5. Forced sex after physical abuse or when you were sick.
Psychological Abuse
Psychological abuse which includes behaviour that is intended to intimidate and
persecute, and takes the form of threats of abandonment or abuse, confinement to
the home, surveillance, threats to take away custody of the children, destruction of
objects, isolation, verbal aggression and constant humiliation.
CAUSES OF DOMESTIC VIOLENCE
There is no one single factor to account for violence perpetrated against women.
Increasingly, research has focused on the inter-relatedness of various factors that
should improve our understanding of the problem within different cultural contexts.
Several complex and interconnected institutionalized social and cultural factors have
36
kept women particularly vulnerable to the violence directed at them, all of them
manifestations of historically unequal power relations between men and women.
Factors contributing to these unequal power relations include: socioeconomic forces,

the family institution where power relations are enforced, fear of and control over
female sexuality, belief in the inherent superiority of males, and legislation and cultural
sanctions that have traditionally denied women and children an independent legal and
social status.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
An Act to provide for more effective protection of the rights of women guaranteed
under the Constitution who are victims of violence of any kind occurring within the
family and for matters related with or incidental to. The incident of domestic violence
is commonly prevalent but has remained largely invisible in the public domain. At
present, where a woman is subjected to cruelty by her husband or his relatives, it is a

crime under Section 498A of the Indian Penal Code, 1860. As a result of that, a law is
proposed keeping in view the rights guaranteed under Articles 14, 15 and 21 of the
Constitution to grant for a remedy under the civil law which is intended to protect the
women from being sufferers of domestic violence and to prevent the incidence of
domestic violence in the society.
"Any act, omission or commission or conduct of the respondent shall constitute

domestic violence when it harms or injures or endangers the health, safety, life, limb
or well-being, whether mental or physical, of the aggrieved person or tends to do so
and includes causing physical abuse, sexual abuse, verbal and emotional abuse and
economic abuse; or harasses, harms, injures or endangers the aggrieved person with
a view to coerce her or any other person related to her to meet any unlawful demand
for any dowry or other property or valuable security; or has the effect of threatening
the aggrieved person or any person related to her by any conduct; or otherwise injures
or causes harm, whether physical or mental, to the aggrieved person.
37
The salient features of the Protection from Domestic Violence Act, 2005 are as
follows:
 It seeks to cover women who are or have been in a relationship with the abuser
where both parties have lived together in a shared household and are related by
consanguinity, marriage or a relationship in the nature of marriage, or adoption; in
addition, relationship with family members living together as a joint family are also
included. Even those women who are sisters, widows, mothers, single women, or
living with are entitled to get legal protection under the proposed Act.
 “Domestic violence” includes actual abuse or the threat of abuse that is
corporeal, sexual, spoken, emotional and financial. Pestering by way of dowry
demands to the woman or her relatives would also be covered under the definition.
One of the most significant characteristics of the Act is the woman’s right to secure
accommodation.
 The Act provides for the woman’s right to live in the marital or joint household,
whether or not she has any rights in the household. This right is secured by a
residence order, which is passed by a court. These residence orders cannot be

passed against anyone who is a woman.
 The other relief envisaged under the Act is that of the power of the court to pass
protection orders that stop the abuser from assisting or performing an act of
domestic violence or any another specific act, entering a workplace or any other
place frequented by the abused, attempting to communicate with the sufferer,
dividing any assets used by both the parties and causing violence to the victim, her
relatives and others who provide her assistance from the domestic violence.
38
CRITICAL ANALYSIS OF THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005
In the garb of providing protection, this legislation in fact, strikes at the very foundation
of marriage by promoting intolerance and encouraging unnecessary litigation even for
petty domestic dispute. This law is based on a wrong notion and assumes man as the
sole perpetrators of domestic violence. This is altogether a wrong impression and only
confirms the gender bias in favour of women created by this law. The law confers a
right in favour of a woman without imposing any liability, while the man is
overburdened with discriminative liabilities with total denial of any such similar right.
The law is wholly gender specific and rules out any possibility of domestic violence
against a man.
CONCLUSION
Domestic violence is not only visible but it is a part and parcel of life of women in India.
Violence starts with her from the day her mother conceives her existence in the womb
and since then, in every phase of her life span she has to fight for her survival in this
rude society. Most of the women in our country are illiterate and they are not
aware of the basic law provision and also about their rights, due to which most
of the time they do not register the cases against those people who violate their
rights and commit crimes against them. Lack of awareness about the law and rights
guaranteed under that legislation for them but most serious problem is that the
women are not aware about their rights which are due to traditional customs.
39
Q 10. What is a rural job guarantee scheme? Discuss the social and economic
impact of this scheme in rural areas.
Answer
Introduction
After independence and particularly from the fifth five-year plan onwards, Government
of India has been taken several initiatives to raising rural employment for the
alleviation of rural poverty. Despite all these endeavors, the unemployment in general
and rural unemployment in particular has remained one of the important issues of
rural development. NREGA, renamed on second October, 2009 as Mahatma
Gandhi National Rural Employment Guarantee Act (MGNREGA), is one of the

largest rights based social protection initiatives in the world. The NREGS were launched
by the UPA government in 2004 in 200 backward districts and later on extended to the
entire districts in the country in 2008. The National Rural Employment Guarantee Act
was enacted in 2005 to provide a minimum of 100 days guaranteed wage employment
with unemployed adult members prepared to do unskilled manual work.
Rural job guarantee scheme
The Mahatma Gandhi National Rural Employment Guarantee Act, which is
previously known as the National Rural Employment Guarantee Act was introduced
on 7th September 2005. The act is for generating employees and social security in
India. The act aims to cover all districts of India except the district which have a 100%
urban population.
The social and economic impact of this scheme in rural areas.
The Jodhpur district of Rajasthan has examined the socio-economic impact of
MGNREGA on the rural poor who are mainly comprised of landless, small, and
marginal farmers. The Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) was developed by the Indian government to reduce rural poverty

through 100 days of guaranteed employment per year. The scheme provides a legal
40
guarantee for one hundred days of employment in every financial year to adult
members of any rural household willing to do public work-related unskilled manual
work at the statutory minimum wage. The objective is to ensure livelihood and food
security by providing unskilled work to people through the creation of sustainable
assets. The Study mainly concentrated on studying the performance and impact of
MGNREGA in the study area.
MGNREGA has contributed in the overall growth of Indian economy by
transforming the rural employment pattern and ensuring employment to the people
of rural areas. The MGNREGA has also assisted in sustained development of the
country by improving the economic well-being in the rural areas.
Social and economic impact on Rural women
The extensive participation of women in Mgnrega has meant that women are coming
out of their homes, not only to work but also to visit banks and Panchayat offices,
which they may not have done previously. This enhanced mobility comes with the
higher status of being income-earning workers. Although this study did not find any
evidence of changing gender roles within the household as a result of women working
on MGNREGS sites, it finds evidence of increased confidence and decision-making skill
among women. Women remain embedded in family relations in employment and in
the formulation of social protection policy.
MGNREGA is an Act that aims to strengthen the women employment by

enforcing that about 33 percent of total work force should be women and also that
there will be equal wages for men and women. It is playing a substantial role in creating
employment for women there by, leading to greater independence and self-respect
among women. The present paper has made an attempt to study the impact of
MGNREGA on socio-economic development and women empowerment.
Women worker feels highly satisfied with the MNREGA employment as now they get
the wages equal to the male workers and also, she can participate in the up liftmen of
41
her family by becoming an earning member of the family thus, MNREGA has brought
economic independence among women, which was the main aim of MNREGA. It
is Programme that has affected the lives of rural women in real sense. It is the most
significant act in the history of Indian polity in many ways like grass-root level
participation of every citizen and beneficiary through democratic process, multi-
layered social audit and transparency mechanism by involvement of civil society,
comprehensive planning at village level towards sustainable and equitable

development etc. Important salient feature of the Act is to improve the quality of life
of rural households who are vulnerable to out-migration in search of daily wage
employment by channelizing the wage workforce towards developmental activities at
the village level itself.
CONCLUSION
It was found from the study results that MGNREGA had clear-cut objectives to provide
job opportunities for rural masses the objectives of the act are to maintain equality
among the various groups of the society and to promote standard of living thereby
contributing to economical improvement of the people of the rural areas. It was
revealed from hypothesis testing that the Programme has done a great job in
improving the economies of rural areas by raising their socio-economic status. The
study also revealed that there is a need to amend the structure of the Programme by
introducing more transparent and responsible system and to make it objective specific
and goal oriented.
42
Q 11. Issues the laws related to the protection of the rights of the persons with
disabilities.
Answer
Introduction
Disabled persons have the right to economic and social security and to a decent level
of living. They have the right, according to their capabilities, to secure and retain
employment or to engage in a useful, productive and remunerative occupation and

to join trade unions.
Rights of Persons with Disabilities Act, 2016
The Rights of Persons with Disabilities Act, 2016 aims to provide certain rights to
disabled people and protect them from social stigmatization and discrimination.
Section 2(s) of the Act defines “person with disability” as a person who suffers from
long-term mental, physical, sensory or intellectual impairment which, in collaboration

with barriers, affects his effective participation in society.
The definition of disability provided in the 2016 Act is much more inclusive than
the definition in the preceding Act. The 1995 Act included only those persons within
the definition of disabled persons who suffered from a 40% or more of a certified
disability.
Section 27 of the Act also provides for the rehabilitation of a disabled person. The
appropriate government is responsible for the rehabilitation of the disabled, with a

special focus on education, employment, and health concerns. The appropriate
government has to provide financial assistance to those non-government
organizations which are engaged in facilitating the rehabilitation of disabled people.
43
Provision for guardianship
 District Court or any authority designated by the State Government under which
there will be a joint decision–making between the guardian and the persons with
disabilities.
 Central & State Advisory Boards on Disability will be set up as policy-making
bodies.
 The office of the Chief Commissioner of PwDs and the State Commissioner of
disabilities will be strengthened and will act as regulatory bodies and Grievance
Redressal Agencies and also monitor implementation of the Act. These Offices
will be assisted by an Advisory Committee comprising experts in various
disabilities.
 National and State Fund will be created to provide financial support to PwDs.
 Penalties for offences committed against PwDs.
 Designated special Courts to handle cases concerning violation of rights of PwDs.
Protection of the rights of the persons with disabilities.
 They have a right to equality and protection from discrimination. They
cannot be discriminated against due to their disability. The appropriate
government is responsible for ensuring that the dignity and integrity of the
disabled persons is not violated.

 The disabled persons have a right to live in the community and the government is
responsible for protecting them from being forced into living in any specific
arrangement.
 The disabled persons enjoy equal rights and cannot be forced into undergoing
infertility medical procedures.
 The Central as well as the state elections commissioners are responsible for
ensuring that the polling booths are accessible to disabled people.
 The disabled persons are to be protected from violence and exploitation. They
cannot be subjected to any degrading or cruel treatment. Disabled people cannot
44
be forced to be the subject of research without their consent. In case of any
natural disaster or emergency, they have equal rights to safety and protection.
 Section 7(2) of the Act provides that if any registered organization believes that
an act of violence or abuse is likely to be committed against a disabled person,
then the registered organization must give such information to the Executive
Magistrate having the requisite jurisdiction.

 Section 38 of the Act provides that where a person suffering from benchmark
disability believes that he is in need of high support, he can make an application
for such high support to the notified authority. An application in this regard can
also be made by any other person or organization on behalf of the disabled person.
Such an application is to be forwarded to the Assessment Board, which will assess
the application and submit a report to the concerned authority. The disabled
person would then be provided high support on the basis of the report and the
relevant government schemes.

 The Act also provides that if an employee acquires a disability while he is in service,
he may not be dismissed or removed from employment. He may be transferred to
another suitable post but the pay scale cannot be reduced.
Advantage
 Persons with at least 40% of a disability are entitled to certain benefits such as
reservations in education and employment, preference in government
schemes, etc.
 The Bill confers several rights and entitlements to disabled persons and these
include disabled friendly access to all public buildings, hospitals, modes of
transport, polling stations, etc.
 In the case of mentally ill persons, district courts may award two types of
guardianship. A limited guardian takes decisions jointly with the mentally ill
person. A plenary guardian takes decisions on behalf of the mentally ill person,
without consulting him.
45
 Violation of any provision of the Act is punishable with imprisonment up to six
months, and/or fine of Rs 10,000. Subsequent violations carry a higher penalty.
Conclusion
India is one of the countries with a high prevalence rate of persons living with
disabilities. The disabled sometimes do not even know their rights as enshrined in the
Indian constitution. The rights of the disabled are an important topic as a result of so
many disabled persons have no idea their rights.
46
Q 12. Write short notes on any two of the following
(a) Consumer rights in India
(b) Types of bail
(c) Minimum Wages Act (1948)
(d) Rights of women forest dwellers.
Answer
(a) Consumer rights in India
Consumer rights refer to a consumer’s right to safety, to be informed, to choose
and to seek redressal, concerning their products when they make a purchase. It does
not include a person who obtains a good for resale or a good or service for
commercial purpose. It covers transactions through all modes including offline, and
online through electronic means, teleshopping, multi-level marketing or direct
selling.
Consumer Rights under COPRA
Right to Safety
 While utilizing numerous Labour and products, shoppers reserve the option to be
secured against the showcasing of merchandise and conveyance of

administrations that are unsafe to life and property
 Makers need to rigorously observe the necessary well-being guidelines and
guidelines
 For example, pressure cookers should have a safety valve
Right to be Informed
 Consumers have the right to be informed about the particulars of goods and
services that they purchase (for example, ingredients used, price, batch number,
date of manufacture, expiry date and the address of the manufacturer)
47
 Consumers can then complain and ask for compensation or replacement if the
product proves to be defective in any manner in comparison to the details
informed
Right to Choose
Any purchaser who gets assistance in whatever limit, paying little mind to age, sexual
orientation and nature of administration, have the privilege to pick whether or not to
keep on getting the help
Right to Seek Redressal
 Purchasers reserve the privilege to look for redressal against unjustifiable
exchange practices and double-dealing
 Assuming any harm is done to a purchaser, s/he has the privilege to get paid
contingent upon the level of harm

 The purchaser can document a grievance before the proper buyer gathering on
his/her own with or without the administration of legal counsellors
Right to Represent
 The Act has enabled the consumers to have the right to represent in the
consumer courts
 This has prompted the arrangement of different associations, privately known as
customer discussions or shopper security gatherings

 They guide shoppers on the best way to document cases in the buyer court
 At many events, they likewise address individual customers in buyer courts
 They additionally get monetary help from the public authority for making
mindfulness among individuals
48
Right to Consumer Education
 At the point when we as buyers become aware of our privileges while buying
different Labour and products, we will actually want to separate and settle on
informed decisions
 This calls for obtaining the information and ability to turn into a very much
educated buyer
(b) Types of bail
Bail is an instrument for procuring the release of a person from legal custody. It is
also an undertaking that he shall appear at the time and place designated and
submit him to the jurisdiction and judgment of the court.
Bail is the temporary release of a person accused of a crime in exchange for a
monetary pledge in exchange for the accused’s appearance in court when the time
comes. The person who pays the money or undertakes a money bond acts as the
surety. He can be anyone who is financially worth the monetary conditions in the bail
conditions. In a civil case, obtaining bail is one of the defendant’s rights, whereas in a
criminal case, it is at the discretion of the bail granting authority i.e., the competent
courts, or the police officer in charge.
Differentiates a bailable and a non-bailable offense
Bailable offenses
These are considered less serious; hence the punishment is less serious and the
accused has a legal right to request release on bail. Generally, these forms of crimes
are punishable by less than three years. In the case of bailable offenses, at the time of
arrest or incarceration, the police are allowed to issue bail to the defendant.
49
Non-Bailable offenses
The term non-bailable doesn’t imply that bail can’t be granted at all. Simply put, it
means that the accused is not permitted to demand it as a matter of right at the time
of their arrest or custody. However, they are permitted to approach the court while
they are being prosecuted. These offenses are serious in character as opposed to
offenses that are bailable. The sentence in the case of non-bailable crimes is three
years or more. The decision to grant bail to the accused in non-bailable charges is up
to the court’s discretion. And the same needs to be decided carefully, not arbitrarily.
There exist three types of bails in India.
Regular Bail
When a person commits a cognizable non-bailable offense an offense so serious that
a police officer can detain him without a warrant or launch an inquiry without a court’s
approval the police may take him into custody, and when that time is up, he must be
jailed. The accused has a right to be released from this type of confinement under
Sections 437 and 439 of the Criminal Procedure Code. So, a regular bail is basically the
release of an accused from custody to ensure his presence at the trial.
Interim Bail
This bail is provided as a temporary measure and is valid only while an application is
ongoing or when the court is considering an application for anticipatory or regular

bail. The accused loses his right to be free and will be taken into custody if interim
bail expires before he is given regular bail or anticipatory bail and he fails to pay the
required amount to extend the bail. Interim bail is always conditional and can be
prolonged.
Anticipatory bail
Anticipatory bail is self-defining. It is a type of bail that is given to someone who is in

anticipation of getting arrested for a non-bailable offense by the police. This is an
50
advanced bail mentioned under section 438 of the Criminal Procedure Code. An
application for anticipatory bail can be heard both by the Court of Sessions and the
High Courts.
Conclusion
Safeguarding liberty: The objective behind enacting Section 438 is to safeguard the
liberty of a person. While Courts have time and again emphasised the need to uphold
the liberty of individuals and protect them from arbitrary arrests, one needs to
remember that anticipatory bails are not a matter of right like other types of bail. The
need for anticipatory bail arises mainly when any person has reason to believe that he
may be arrested on an accusation of having committed a non-bailable offence.
51
(c) Minimum Wages Act (1948)
The Minimum Wages Act 1948 is an essential piece of legislation in India. It sets
the minimum wages for all employees. The Act states that the government must fix
the minimum wage for each category.
The minimum wages act, 1948, is the minimum amount that an organisation has to
pay a particular employee (skilled or unskilled) for a specific job at a particular time
that any contract agreement or collective agreement cannot reduce. The Minimum
Wage Act was first implemented in 1948 and took effect on 15 March. The Act also
created the Tripartite Committee of Fair Wage. This committee was formed to set the
minimum wage guidelines in India. It defined the minimum wage and the criteria for
its calculation. It set the foundation for the wage fixation process in India. The salary
levels are determined based on the number of employees.
Purpose of Minimum Wage Act, 1948
The importance of the Minimum wage act 1948 is to prevent employee exploitation
and ensure a decent living for a worker. The Act provides that the government will fix
the minimum wage rate and revise it every five years. It appoints advisory
committees to consider the proposals. The government must follow the guidelines
and implement them as soon as possible. In many cases, this means announcing the
changes to the law before the public.
 The Act was introduced in 1948, and it was amended in 2000
 The changes included a change in the floor level for minimum wages
 Currently, the minimum wage floor in India is 115, but the law also gives
exceptions for certain employees
 The lowest floors are in Andhra Pradesh, Kerala, and Gujarat
 In addition to this, the new law provides for higher minimum wages for workers
with disabilities
52
The Objective of the Minimum Wages Act
The Minimum wage Act 1948 accommodates fixing wage rates (time, piece, ensured
time, additional time) for any industry. While fixing hours for an ordinary working day
according to the demonstration, ought to ensure the accompanying:
 The number of hours to be fixed for an ordinary working day should have at least
one stretch/break
 One three-day weekend from a whole week ought to be given to the
representative for rest
 Installation for the day chosen to be given for rest ought to be paid at a rate at
the very least the additional time rate
Fixation and Revision of Minimum rates
The Minimum Wages Act, 1948, for the most part, indicates the lowest pay
permitted by law rates on an everyday basis and stretches out to the whole nation. It
is overhauled every five years, but there is an arrangement to increment the dearness
allowance every two years. ILC first suggested the standards for fixing and amending
minimum wages.
Update of the lowest pay permitted by law rates depends on a ‘typical cost for many
everyday items list’, and wages can be fixed for a whole state, some portion of the
state, class or classes, and occupations relating to these classifications. The obsession
with wages depends on the standards referenced and a compensation board
(different for various industries).
Conclusion
The minimum wage act 1948 is significant for employers and employees. It will
help reduce the chances of exploitation and help the worker provide for his family. In
addition to this, the act specifies that the government has the power to fix the
minimum rate. Its regulations also require the government to review the rates every
five years. This process is very complicated, but the legislation outlines the critical
53
points. The law is necessary to reduce the risk of exploitation, and each citizen must
know about this act to have the perfect position in the company.
(d) Rights of women forest dwellers
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006, or the Forest Rights Act (FRA) 2006, recognizes tribal
women’s rights to own land equal to those of men. In exploring whether women’s
rights to forest land and resources have led to their improved socio-economic status,
this paper examines two key facets of the process of empowerment “access to
resources” and “women’s agency.” As access to resources required to meet

household and other needs, such as water, cooking fuel, or health facilities have
remained poor, access to land under the Act has been able to make only a marginal
difference to the economic status of the women who have received plots.
But the new found confidence of women for no longer being considered asset-less
was clearly evident; this was especially true for widowed women. By gaining land
ownership, women have begun questioning entrenched social practices such as

polygyny. While the Act has failed to encourage women to participate in the public
domain actively, the improvement in their social engagements and mobility has been
attributed to training and access to information, facilitated by community-based
organizations.
Indigenous women’s struggle for forest rights in India
In India, Indigenous forest-dwelling groups officially documented as ‘Scheduled Tribes’
or ‘Adivasis’ have historically been dispossessed and excluded from their traditional
homes in forests. The passing of the Scheduled Tribes and Other Traditional Forest
Dweller (Recognition of Forest Rights) Act, 2006 in India – the Forest Rights Act
(FRA) for short was meant to tackle historical injustices by recognizing Indigenous
people’s rights. These included rights to certain land, rights to access, use, and dispose
of minor forest products, and rights to manage and conserve forests.
54
The FRA has the potential to be a powerful piece of environmental justice legislation,
but its abysmally slow implementation continues to threaten Indigenous people’s
survival, as does its lack of gender responsiveness. Indigenous women are at the
forefront of the fight for their community’s forest rights. They often take this massive
responsibility without substantial policy support or incentives. Within India’s
decentralized environmental legislation, there are few gender-specific provisions in
forest policies and laws, and the regulations are not sufficiently gender-responsive.
Some forest policies attempt gender inclusivity, but even these limits themselves to a
nominal representation of women. For instance, the FRA does contain gender-aware
provisions such as a mandating that one-third of members in decentralized institutions
be female. It also accounts for joint land titles and the recognition of women’s land
claims in single-headed households.
Indigenous women participate in decision-making bodies such as a sub-divisional
forest committee and Gram Sabha (village assembly) level Forest Rights Committee,
where they get the chance to vocalize their concerns and protect their rights and
entitlements.
55

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Political Science

Your Laws Your Rights

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Your Laws, Your Rights

Unit-1: Rule of Law and the Criminal Justice System in India

Unit-2: Laws Related to Criminal Justice Administration

Unit-3: Equality and Non-Discrimination

b) Caste: Laws Abolishing Untouchability and

d) Disability and Equality of Participation and Opportunity

b) Rights of the Customer

Unit-5: Redistribution, Recognition and Livelihood

a) Traditional Rights of Forest Dwellers and the Issue

of Women’s Property Rights

b) Rural Employment Guarantee

Q 1. Discuss the provisions related to filing of complaint and First Information

they receive information about the commission of a cognizable offence. It is a report

victim of a cognizable offence or by someone on his/her behalf.

First Information Report

information on the cognizable crime.

all the possible pieces of evidence as soon as possible.

The various objects of recording F.I.R. are:

immediate occurrence of the crime.

cognizable offence is an offence in which a police officer has no authority to arrest

A non-cognizable offence is an offence in which a police officer has no authority to

Kind of Information is Considered in an F.I.R

Only information relating to the commission of a cognizable offence can be termed as

Information received in the following cases is not considered as FIR:

 Information received after commencement of the investigation.

 Information of mere assemblage of some persons.

 Indefinite, Vague and unauthorized information.

 Complaint is filed with the Magistrate.

 It may relate to the commission of any offence, whether cognizable or non-

upon a private complaint.

 The complaint itself is substantial evidence.

 In a summons case, a complainant can withdraw a complaint against all or any of

 The Complainant must take an oath before the Magistrate.

 The complainant is liable for malicious prosecution if the complaint is found to be

Difference between a complaint and an FIR

 The CrPC defines a “complaint” as “any allegation made orally or in writing to a

structure of the prosecution case is built-up.

psychological harm or suffering to women, including threats of such acts, coercion or

arbitrary deprivations of liberty, whether occurring in public or private life".

Violence Against Women in India

Various offenses against women in India

Dowry death Offences

are essential ingredients of this section:

 The death must be caused by burns or bodily injury;

 The death must occur within the seven years of marriage;

husband or any other relative of her husband;

soon before her death.

Laws related to offences against women

1. Legal Rights and Laws

2. Post-NIRBHAYA: A major amendment has been introduced in the criminal law in

complaint, the moment, a woman brings the issue to his/her notice.

4. Nirbhaya Fund: Nirbhaya Fund is a Rs.10 billion corpus announced by the

and ensuring the safety of women in India.

5. Dowry Prohibition Act,

In India, there is a patriarchal society where women face discrimination in

are full of such cases.

Tribes (Prevention of Atrocities) Act, 1989 in safeguarding the rights of the

Scheduled Castes and the Scheduled in India.

progressive communities of Indian society due to their educational, economic, and

social empowerment. The Scheduled Castes and Scheduled Tribes (Prevention of