More than 69 years since India's first Republic Day, it's high time to instigate ourselves and know the basic laws, which hegemonize and control our lives.
We have laws, but we are hardly aware of our most basic laws. These rudimentary laws of Indian law system safeguard and defend ourselves during any censorious situation.
No matter where you live in India, which language you speak, what faith you believe in, you are subject to these laws.
And so, it becomes more essential for you to know these 7 basic laws.
1. Safeguarding Against Arbitrary Detention.
If a person has been detained haphazardly without any lawful ground then he must know clauses (1) and (2) of Article 22 of Indian Constitution, which will prevent him from the unlawful detention.
Under this article he must be produced before a Magistrate within 24 hours of his detention and under Section 23 of the Bill of Rights Act, a person has a right to be informed of ground of arrest and if there is no lawful ground he will be emancipated and freed.
2. You Cannot Adopt Another Son If You Have One.
According to Hindu Adoptions and Maintenance Act, 1956, its Section 11 clearly states that the adoptive father or mother cannot adopt a son if they have a Hindu son, son's son, son's son's son.
If a male is adopting a female, the adoptive father should be 21 years older than the female and same goes for adoptive mother in case of adoption of male.
3. Reasonable Restrictions on Fundamental Rights.
Citizens are aware of their six fundamental rights given under Article 19 of Indian Constitution but are still unaware of the reasonable restrictions of each fundamental rights given under the same article.
These 'six freedoms' are however, not absolute. Furthermore, each Fundamental Rights are subject to restriction provided in clauses 2 to 6 of Article 19.
If Freedom of Speech & Expression, Freedom of Assembly, Freedom to form Association and other fundamental rights are excessively used leading to defamation, public disorder, and contempt of court.
A person can be prosecuted for the same.
4. Women cannot be escorted by male officers.
As per Section 51 in the Code of Criminal Procedure 1973, women can refuse to go to the police station if escorted by male officers.
As per Delhi police guidelines-women cannot be arrested after 6 pm and before 6 am. Also, they can only be stopped, detained, and questioned by women officers with decency.
Women can lodge a complaint via email or a portal address of Deputy Commissioner or the Commissioner of Police.
5. Drink Water Free of Cost in Five Star Hotels.
If you and your pet are thirsty, you can have a glass of water from all nearby Hotels and that too free of cost.
According to Indian Sarai’s Act, 1867, an individual can urge for water, free of cost from any hotel, at any time, for themselves and their pets.
This act gives us the right to ask for water and use of the washrooms for free at any hotel including the Five Star Hotels.
6. Cops Failure to Register FIR Leads to Prosecution.
Policemen refusing to register an FIR on jurisdictional ground could be sent to a jail. Under IPC Section 166A, it is clearly stated if any public servant fails to be sensitized to respond and does not register FIR on any cognizable offence, he or she shall be punished with rigorous imprisonment for not less than 6 months, which may extend to 2 years.
7. Customers Have the Right to Bargain on MRP.
The consumers have the right to bargain on MRP as per the Consumer Protection Act, 1986.
MRP is the Maximum Retail Price of the commodities and not the actual price, so customers can negotiate on the same.
Furthermore, if they are charging a rupee in excess of declared MRP, it can lead to a punitive compensation under Consumer Protection Act,1986.
Prima facie for the citizens, it becomes necessary to know these basic laws because in the court of law, ignorance of law is no defense. Thus, 'mistake of fact' can be excused but 'mistake of law' cannot be.
So, it becomes necessary to have the knowledge of the basic laws of our country.