Adoption,Copyright,Right to information
10 LEGAL RIGHTS EVERY INDIAN CITIZEN SHOULD BE AWARE OF
01 Dec 2016  |  Views: 61  | 
Legistify
Advocate

The Indian legal system has given a lot of power to its citizens in form of rights. But as we all know the Indian constitution is very complex. The complexity level has reached that point that we all fail to know our own basic rights. For example: if your cylinder explodes, you are entitled to Rs 40 lakh as compensation. There are many such rights awarded to citizens of India. But unfortunately, most of us have a vague or a very little information about the legal system and its tenets. So, to help people know their rights and to help them fight back, here are 10 legal rights that we should be aware of.

1.) Instances when a person is breaking COPYRIGHT Law :

“A bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale.”

Sometimes, by doing some typical online activities, you are probably breaking copyright law. If you use a copyrighted video or song in your home video which is to be uploaded on internet (for e.g. YouTube).you are infringing on the Digital Millennium Copyright Act

Ways by which you can reduce the risk of being caught:

  • Post to smaller, niche sharing sites that don't automatically remove content that may contain (or appear to contain) copyrighted works. 
  • If you want to post to larger sites, mirror the content on smaller sites as well.
  • Post to sites that use off-shore servers and are not subject to the DMCA

2.) Sharing and clicking of photographs and videos :

Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc.  Even though malls are technically private property, being open to the public makes it public space. Anyone in a public place can take pictures of anything they want. Public places include parks, sidewalks, malls, etc. Malls. Even though it’s technically private property, being open to the public makes it public space.

  •  If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair to do so.
  •  If you are on private property and are asked not to take pictures, you are obligated to honor that request. This includes posted signs.
  • Sensitive government buildings (military bases, nuclear facilities) can prohibit photography if it is deemed a threat to national security.
  • People can be photographed if they are in public (without their consent) unless they have secluded themselves and can expect a reasonable degree of privacy.

3.) Rights of a renter:

Always landlords are not on the privileged side. As law says “possession is better title than ownership”. Every landlord has to abide with the state legislations. Moreover, as a renter, one should always make sure (i.e. before signing the agreement) that they are getting a property in accordance with the rent prescribed.

4.) Rights of an air traveler :

There are quite few rights that an air traveler possess which are;

  • Right to Lock In Your Fare In Advance, Without Paying; before 24 hours a person can lock in the fare without paying a penny.
  • Right to Cash for cancelled Flights and lost Luggage: a person is always eligible to receivea reasonable compensation from the concerned airline for the loss incurred.

5.) Rights of an employer:

  • Your employer can't withhold your paycheck for poor performance.
  • You must receive your paycheck promptly.
  • Whether you're eligible for overtime pay isn't up to your employer; the government decides.
  • Your employer cannot ask, require, or even allow you to work off the clock.: employer must pay you overtime (time and a half) for all hours you work above 40 in any given week.

 6.) Right of women for arrest and enquiry:

No male police officer can arrest the women for the said purpose and only a women officer is allowed to arrest a woman. Moreover, the women can only be arrested by the women before the sunset and generally 6p.m. is considered as a bar for the said purpose. Under section 160 of CrPC, 1973 a women cannot be called at the police station for the purpose of inquiry.

7.) Right to be fined, under Motor Vehicle Act,1988:

A person can only be fined once for a particular infringement he cannot be fined twice for the same offence. Everyone is aware of the fact that they shouldn’t use cellphones while driving, but states have different bans on the kinds of cellphone use that are illegal while driving. Majorly all states ban texting while driving, but some prohibit any kind of use of your phone when you are at the wheel. Moreover some ban wearing of headphones while driving. Every state has different rules for traffic violations. For e.g. in Uttar Pradesh rs 100 is fined for using mobile phones while driving.

8.) Right to Bargain:

MRP is the Maximum Retail Price. As consumer, a person has the right to bargain for a price below that. However, a seller cannot go beyond the MRP.

9.) Right for adoption:

Law allows every citizen to adopt a child but there are few exceptions to this rule under The Hindu Adoptions and Maintenance Act,1956 that if you have a son or son’s son or son’s son’s son you cannot adopt a son and same is for daughter. But if a married personis adopting a daughter the age gap between them should be 21 years. An unmarried man cannot adopt a daughter.

10.) Right to information:

This act specifically provides that all citizens have a right to information. The applicants are not required to provide reasons for seeking such information. The information is to be provided within 90 days or rejected with reasons.
 

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