Every day rights an Indian Citizen must know

India is a democratic country and our Constitution rightly embodies this principle. It is the supreme law of the land and in this instrument the lawmakers ensured that it contained comprehensive fundamental rights for every citizen of India. These are given in Part III of the Constitution of India under Articles 12 to 35. These rights are guaranteed by the Constitution, a citizen once born in India inherits these rights. Only if there exists a national emergency can they be forfeited. But, what about rights other than those mentioned expressly in the Constitution? Every citizen has a plethora of rights that are implied and hence must be known by every citizen but hardly a few know about them. In this article, let us look at some of the not-so-known rights of every Indian Citizen.

List of Rights

1. Right to equality: This is one of the most important fundamental rights guaranteed to every Indian citizen no matter his race, gender, caste, ethnicity or colour. Article 14 also known as the right to equality is as controversial as it is popular. Courts have time and again, through various cases interpreted the true meaning of Article 14. Right to equality denotes that every citizen has the right to be treated equally anywhere in India and inequality on the basis of caste, race, gender, descent etc is prohibited by law. For example- Women and men are entitled to the same salary if they are working on the same level or position. A state cannot discriminate against its citizens on the basis of religion, caste, gender, descent or place of birth. Under this article, equality before law is guaranteed along with equal protection of the law. 

2. Right to File an FIR (First Information Report): A citizen can go to any nearest police station if he/she witnesses a crime. Said person can report it to the police station. Nowadays, there is the option of filing a complaint online. Any person, when they witness a crime or are a victim of a crime, has the option to file an FIR as soon as possible to any nearest police station of their choice. A Zero FIR can also be filed if a person who has been a victim of a crime or has witnessed a crime has no access to a proper police station of jurisdiction,where the zero FIR can be filed in any police station nearest to the person, which is then transferred to the police station of proper jurisdiction. 

3. Right to Legal Aid: Article 39A of the Constitution of India promises the right to legal aid to every person who are unable to afford it, free of cost. For enforcing this, the Legal Service Authorities Act 1987 was enacted which ensured that people who are unable to afford proper legal representation get the same by established bodies like the District Legal Services Authorities and the State Legal Services Authorities. Other than poor people, victims of sexual assault, trafficked children, persons who have disabilities or are specially-abled and women who suffer crimes all can avail this benefit.

4.  Right to silence: Have you ever observed in English movies, how when a person is arrested and put into handcuffs, the police inform the arrested person that he/she has the right to remain silent and anything they say can or will be used against them in the /court of Law? That is a necessary thing to inform the arrested person. Whenever a person is arrested, the police cannot force the person so arrested to answer all questions asked. The right to remain silent is enshrined under Article 20(3) of the constitution. If you are detained or arrested by the police, you possess the right to refrain from answering their questions. He/she may request the presence of a lawyer. Your silence does not automatically amount to your guilt so choosing silence can be the right way, especially if you’re not guilty. 

5. Right of a woman to not be arrested after sunset: In our legal system, women enjoy special privileges due to them being victims of crimes for decades. One such right a woman has and should know about is that she cannot be arrested after sunset and before sunrise. Only in exceptional circumstances can a woman be arrested, that too ONLY by a female police officer who shall have permission from the Judicial Magistrate first class. Upon arrest, she shall be intimated that she has the right to inform her relatives/friends. 

6. Right to be produced before a Magistrate within 24 hours of arrest: A person once arrested shall be produced before the nearest Magistrate within 24 hours without any delay. The time required to travel shall be excluded from the 24-hour timeframe. This is also known as the Right against illegal detention. No person can be legally detained for more than 24 hours without being presented in front of a Magistrate. Writ of Habeas Corpus can be issued if a person is illegally detained in this way. 

7. Right to know the grounds of arrest- Once a person is arrested by the police, he/she must be informed of the reasons for their arrest. This is a guaranteed right by the Constitution. [Article 22(1)]. 

8. Right to a clean environment(Article 21):  Every citizen has the right to live in a clean and safe environment. Having access to potable water, clean air, zero noise pollution or any other types of pollution is a fundamental right. No person can be deprived of his life and liberty except according to the procedure established by the law. 

9. Right to safe working conditions: The Factories Act, Industrial Disputes Act and Workers Compensation Act are some examples of legislations that work to provide factory workers, daily-wage workers a safe environment of work every day. Amenities like adequate ventilation, well-maintained equipment, proper lighting, emergency exits, first aid etc must be given to workers and if they’re not met, they can file complaints to the adequate Board. 

10. Right to access medical records: A patient who goes to any hospital for any treatment or checkup has the right to receive his or her total medical records. This includes past medical files, admission history, discharge summaries and also test results. The patient has the right to receive his or her medical records within 72 hours of request. 

11. Right to Vote: In India, every citizen carries a right to vote. This is laid down under Article 326 of the Indian Constitution. A right to vote means a pathway to a better future. All individuals above the age of 18 are allowed to vote and are encouraged to vote. It is not just a right but a duty that ensures that the citizens influence the functioning of the Government. The voting in India is conducted through the process of secret ballot and every citizen above 18 and who is not disqualified by law can vote. The right to vote though is NOT a fundamental right but it is a constitutional right. The citizens can cast their vote through Electronic Voting Machines (EVM) or through a postal ballot system. Reforms have also included the option of “NOTA” i.e. None of the above for citizens who do not wish to cast a vote to any above candidate referred. 

12. Right to not pay more than MRP: MRP stands for Maximum Retail Price. The price set by the manufacturer of his product that is the highest possible is the MRP. Consumers cannot be charged more than the MRP that is mentioned on the product. In India, it is illegal for the seller to charge more than the MRP and consumers can file complaints against it online. Consumer courts are special courts which aim to protect the rights of every consumer.

13. Right to Maternity benefits: A pre-approved period of leave that is provided to working women that can be utilised by them before/after and during pregnancy and childbirth. Women working as employees in registered companies and factories can avail of this benefit and employers have to pay them the full salary for that period. In India, the legislations surrounding this are the Maternity Benefit Act 1961 which later got amended to the Maternity Benefit Act 2017. 26 weeks is the mandatory maternity leave period given to women employees.  This puts emphasis on safety and security for the woman during this life-changing event. Additionally, the legislation ensures that women on maternity leave are paid their full salary so financial support can be ensured during the time they are not at work. Moreover, maternity leave also includes medical benefits, insurance, hospitalization etc. Even in cases like premature deliveries or other complications, there is flexibility offered so that even in emergency or unforeseen conditions, the woman employee has job security and proper accommodation. 

14. Right to education: Every child who cannot afford education deserves to be educated. Education is a fundamental right. It serves as a cornerstone that ensures every child has a shot at receiving a worthwhile education. Until the age of 14, a child can apply for receiving education through government institutions. 

15. Right to consumer protection: As consumers of goods and services, every person has the right to raise his voice against any malpractice regarding high charges of products, faulty services or quality checks etc. Before purchasing any product or service, a consumer has the right to check the quality and durability of the product or service. A consumer also possesses the right to be informed about the quality, quantity, durability, price, and any other relevant information regarding the product or service they wish to purchase. If a consumer purchases a product and realizes that it does not meet the criteria as promised, he/she can seek redressal against it on the right forums by lodging a complaint. 

16. Right to receive bail in a bailable offence: A bailable offence is less serious in nature and has attached to it a right to receive bail. Section 2(1)(b) of the Bharatiya Nyaya Sanhita, 2023 (BNS) states that bail is a release of a person accused of or suspected of committing an offence, from custody of law, attached with some conditions by the Court or officer. If a person has been arrested for a bailable offence, he/she has the right to be released as according to the provisions of Section 478 BNS. 

17. Right to a fair trial: Every person who finds himself at the junction of a trial in court for a crime/wrong has the inherent right to have his side heard properly by the judge and by the opposing counsel. The main motto of a judge must be to hear both sides properly. The principle of natural justice “Audi alteram Partem” states that both sides must be heard. For a fair trial, each side must be heard properly. The person has the right to be present at his own trial. Moreover, the judge shall be independent and impartial. Every person also has the right to receive legal aid in a case.  

18. Right to question the truth: Not a written right, but this has been mentioned in Article 19(1)(a) which guarantees freedom of speech and expression. Every citizen has the right to question the government and public officials. It is not an absolute right because certain areas can’t be questioned by citizens, such as the sovereignty of India, state security matters, court proceedings etc. But,citizens have the right to question what the truth is, what the real narrative is. 

Conclusion

Our country is one of the most diverse and democratic countries in this world. This has been aptly embodied in the constitution of India. Knowing one’s legal rights and constitutional rights is not just empowering but it is essential. Every citizen has many rights that are sometimes unknown to them. The true strength lies in the public being aware of the rights. Legal rights such as freedom of speech, filing an FIR, consumer protection, maternity benefits etc are tools that make citizens aware of their social standing. Understanding and exercising these everyday legal rights is not just for doctors, lawyers or activists, these rights exist for everyone. When more people know their rights, they are more likely to ask the right questions. 

Frequently Asked Questions

Q) What are the rights a woman citizen has in case of an arrest? A) In case of an arrest, In addition to the other rights provided to every person, a woman has the right to demand arrest by a woman police officer. 

Q) How can a citizen avail legal aid if he/she cannot afford it?  A) A citizen can approach the DLSA or SLSA-established under the Legal Services Authorities Act and under Article 39A to receive free legal aid. This works well for citizens who are from under-privileged backgrounds, marginalized or vulnerable. 

Q) As a consumer, what rights do I have?  A) A consumer of a product or a good has the right to be informed regarding the product/service. The consumer has the right to be heard properly at the proper forum where he/she can also seek redressal. Also, a consumer also has the right to be protected from unfair trade practices. 

Q) What can I do if I witness a crime? A) If you witness a crime, you carry the right to file an FIR at the nearest police station, regardless of jurisdiction. 

Q) What is the one right that is important after a person is arrested?  A) After a person is arrested, he/she must be informed about the grounds of the arrest. After that, he/she also be presented before the Magistrate within 24 hours. 

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This Article is written by Tanaya Moholkar, a final year law student at Yashwantrao Chavan Law College, Pune.

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