BASIC INDIAN LAWS

The idea behind this article is to make people aware on basic laws for proper understanding of guidelines on Indian constitution and law in general and also in society.

Here are few essential laws that every citizen should know be aware of.

RTI (RIGHT TO INFORMATION ACT)

In any democratic system, governments are responsible and accountable to the people. Giving information that is generated in government department to any citizen who may be interested, now becomes the responsibility of all government departments.
Every government department functions on the basis of certain rules and regulations. For example say how Health Department should select, appoint, transfer doctors and nurses in a hospital. In the Educational Department it would be about how schools procure books, distributes midday meals, arrange for hostels etc. In each these situations there are rules to be followed, records to be kept, and description of decisions taken. Passing of the RTI effectively means that individual government departments now have a responsibility to maintain records and make them available for citizens who may ask for it.
Any citizen today can approach any department of the government and ask for any information that could be in the form of record. It is not necessary that she or he gives an explanation as to why the information is required. This request can be through handwritten letter or email. Suppose an individual is not able to write the application, he or she can also access the information by orally dictating it at the SPIO ( State Public Information Office) or with PIOs (Public Information Officers). Individual who is collecting the information can remain anonymous. Unlike before today because of the RTI Act departments became answerable and therefore accountable to common citizens also.

LSA (LEGAL SERVICE AUTHORITY ACT)

There is a system in our country to provide free legal service to the people. Under the Legal Services Authority Act, 2002 legal services authorities are to provide free legal services to weaker sections of the society. This is to ensure that justice is not denied to any citizen by reason of economic or other disabilities. Organising Lok Adalats to ensure legal system promotes justice on equal opportunity basis.
Lok Adalat: It is a formal Indian judicial alternative dispute resolution forum that serves to settle cases pending at pre-litigation stage in a court of law.
In our country it is common that conflicts in the villages and in communities are addressed by the village/community elders discussing the various issues and concerns. People are now using the Lok Adalat mechanism for inexpensive justice. It is an opportunity to settle long pending court cases through Lok Adalat in short time. The LSA through Lok Adalats settles long pending court cases in short time with low expenses. Matrimonial disputes, maintenance cases, harassment cases by husband and in-laws, domestic violence etc. In these cases, both parties or one of the parties has to make an application to the court for referring the case to Lok Adalat for settlement. If the court is satisfied, then those cases will be referred to Lok Adalats by the concerned courts.

LAW ON CORPORAL PUNISHMENT

Any punishment that is physical in nature or cause physical pain is called a Corporal Punishment. Section 17 of the RTE ( Right To Education Act), 2009 prohibits Corporal punishment and mental harassment to child( Individual having age less than 18 years).
Our constitution has also safeguarded the rights of children. Article 21A protects the right to life and dignity includes RTE for children up to 14 years of age. Corporal Punishments interfere with a child’s right to education.
Teachers, caretakers, guardians or even parents are not allowed to cause any sort of physical pain, mental harassment, sexual abuse or discrimination to children. Scolding a child for incorrect acts is important but whoever punishing a child or contravenes the above mentioned provision is going to be at risk of disciplinary action as it is illegal. Try to scold the child only verbally for any incorrect behaviour. Recognise child needs help not punishment.

LIQUOE LAW

The law which governs the sale and consumption of alcohol varies from state to state. There is no uniformity in the liquor laws of India. License is needed to sell or consume alcohol in any state. In India, the legal age for drinking varies from 18 years to 25 years from state to state, while some states have completely banned alcohol.
Drunk driving: Any person who in his/her blood has alcohol exceeding 30mg. per 100ml of blood detected in a test by a breath analyser said to be driving then he/she is committing a criminal offence. Section 185 in the Motor Vehicle Act, 1988 makes it a criminal offence and the person who committed the crime is punishable with imprisonment and fine.
Andhra Pradesh is a state where liquor consuming age is 21years. Liquor law has also been taken for granted like any other law. These liquor laws usually gets avoided instantly in India and people usually find a way to break the laws like in DRY STATES where liquor sale and consumption is banned. All these actions show how poor the condition and implementation of liquor laws in India. Legal drinking age should be strictly followed and strict punishments are needed to make sure the implementation of these laws.


WOMEN PROTECTION ACTS

Women face a lot of discrimination, harassment, sexual abuse, lack of education, humiliation and what not many other things at every stage of her life. In this unjust scenario, let us know some of the rights that protect a girl from some sorts of discrimination.

PCMA (PROHIBITION OF CHILD MARRIAGE ACT)

A marriage is treated as a child marriage if the contract between any two people of which either one or both parties is a child. A child is a person who, if a male, has not completed 21 years of age, and if a female, has not completed 18 years of age. If a person above 21 years contracts a child marriage shall be punishable for 2 years of imprisonment and a fine. The same punishment will be given to person who performs, conducts or directs a child marriage under Child Marriage Act,2006.

ITP (IMMORAL TRAFFICKING PREVENRTION ACT)

Girls and women are being lured in the name of providing jobs, bright future, offering roles in cinema etc. Trafficking and selling them for prostitution or encouraging them to enter in to prostitution is a punishable crime. Though they come on their will and interest is also treated as a crime. Along with sex workers the brothel house keepers are also liable to be punished with 2 to 3 years of imprisonment and penalty up to 10,000 rupees. If anyone participates in sexual intercourse other than the spouse is also punishable under the law. The punishment is 7 years imprisonment to life along with penalty for immoral trafficking.


DPA (THE DOWRY PROHIBITION ACT)

If any person gives or takes dowry he/she shall be punishable with imprisonment for a term which shall not be less than 5 years along with penalty. If after marriage the bride is teased, scolded, abused, beaten or make her commit suicide etc. all these offenses cover this Act. Parents can present offerings in the marriage, but these offerings must be as per the law.


PWDV (PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE)

Women have all the rights to enjoy their rights and they should be respected for their work, but unlike this, they are abused, insulted or humiliated. The equal rights are not being enjoyed by women. Lakhs of women are being injured during domestic violence but majority doesn’t reveal about it. The victims of Domestic violence should complain to police or judicial authority individually/ over phone/ email. Actions will be taken against in the matters of marriages and family relations.

SEXUAL ASSAULT AND TORTURING

Recently central government has issued an ordinance to prevent sexual assault and abuse. The criminals shall be imprisoned for minimum of 20years. It is not necessary for the victim to attend before the police officers individually. There is a scope to shoot video at the time of complaining and trail on the request of the victims.

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