Theme: Citizen Rights & Constitution

Rights While Being Arrested

Upon being arrested you have certain rights, namely:

 

  • You can ask the police to identify themselves as they should bear accurate, visible and clear identification and name tags with their designations.
  • You can ask the police to call your lawyer. If you do not have a lawyer or cannot afford a lawyer, then you can ask the court to appoint a lawyer for you. 
  • You can ask the police to show the warrant for arrest, police report and other documents for your arrest and the police are required to show you this.
  • You should verify the accuracy of the memo of arrest prepared by the police before signing it. The memo of arrest should contain the date and time of arrest and should be attested by at least one witness.  
  • You should be informed about your eligibility for bail for the offence by the police.
  • You can ask to be examined for major and minor injuries on your body by a trained doctor and the police must comply. This examination has to be done every 48 hours if you are in their custody. This physical examination has to be recorded in the Inspection Memo and signed by the police officer. This is done to prevent violence by police while you are in their custody.
  • You should get a copy of the signed Inspection Memo.

Cruel and Degrading Atrocities against SC/ST

Any of the following crimes committed against members of SC/ST are referred to as atrocities in law.  The punishment for these acts is imprisonment between 6 months and 5 years, along with a fine.

  • Hurting or boycotting an SC/ST member
  • Force-feeding an SC/ST member with any disgusting substance that is not fit for humans to eat, such as cow dung, human excreta etc.
  • Dumping any disgusting substances (such as the bodies of dead animals, or excreta) inside or at the gate of a place where SC/ST members live, or in a neighbourhood of an SC/ST member, but only if it is done to insult or annoy her in some way.
  • Making an SC/ST member wear a garland of chappals, or making them walk around naked or semi-naked.
  • Forcing an SC/ST member to do anything which is insulting to the dignity of a human being, such as making them undress, forcing them to shave his head or his moustache or forcing them to paint his face.
  • Making an SC/ST member do bonded labour. The exception will be if the government makes some kind of public service compulsory – in that case, it will not be a crime.
  • Forcing an SC/ST member to carry or dispose of a human or animal dead body.
  • Forcing an SC/ST member to do manual scavenging, or employing an SC/ST member to do manual scavenging.
  • Insulting and humiliating an SC/ST member on purpose, if it is done in a place visible to the public.
  • Abusing an SC/ST member using her caste name if it is done in a place visible to the public.
  • Damage any object, such as a statue or picture of Dr Ambedkar, which is important to members of SCs/STs.
  • Say or publish anything that encourages hatred of SC/ST communities.
  • Say or write anything that insults any late person who is important to the SC/ST community, such as a leader.
  • Spoiling any water source that is usually used by SC/ST members.
  • Blocking an SC/ST member from a public place where she has a right to go.
  • Blocking an SC/ST member from:
    • Using any common public area or resource such as water bodies, taps, wells, cremation grounds etc.
    • Riding a horse or a vehicle or carrying out a procession.
    • Entering into a religious place or participating in a religious ceremony, that is open to the public.
    • Entering a public place like a school, hospital or cinema hall.
    • Carrying on any business or job.
  • Accusing an SC/ST member of practising witchcraft, and hurting them physically or mentally.
  • Making a threat, or actually excluding them socially or economically.

Processing of an RTI Application

The PIO can take 30 days to process an RTI application and provide the information that is requested. If the application is made to an APIO, the information must be provided in 35 days time. If the information has some serious consequences on a person’s life and is needed urgently, the PIO should give the information within 48 hours.

Under this law, the PIO can refuse to answer certain applications. Please read Section 8 and 9 of this Act to figure out which information would be generally exempted from this Act.

If the information is not given within 30/35 days, you have to assume that the PIO/APIO denied your request for information. Further, the PIO cannot charge anything other than the application fee for the information. 

Different Categories of Schools

The schools given below have the responsibility to make provisions for the free and compulsory elementary education of children.

Schools established, owned or controlled by the government or a local authority

Such schools have a responsibility to provide free and compulsory education to all children admitted. For example, schools run by the New Delhi Municipality Council or the Delhi Cantonment Board.

Aided schools

Aided Schools refer to privately established schools receiving full or part of their funding by the government or local authority in the form of aid or grant.(( Section 12(1)(b), The Right of Children to Free and Compulsory Education Act, 2009.)) Free and compulsory education should be provided to a minimum of 25% of the children admitted and to such proportion of children as its annual recurring aid or grants so received bears to its annual recurring expenses.

Specified category schools and unaided schools not receiving any kind of aid or grants from the government

A school belonging to a specified category refers to schools such as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik Schools or other schools that have a distinct character and are specified by notification by the appropriate government. Apart from special schools even unaided schools that do not receive any grants or funds from the Government are covered under the law.(( Section 2(p), The Right of Children to Free and Compulsory Education Act, 2009.)) In such schools, children shall be admitted in class I, to the extent of 25% of the strength of the class, till the completion of elementary education. This proportion comprises children belonging to weaker sections and disadvantaged groups such as those belonging to economically weaker sections of society.(( Section 12(1)(c), The Right of Children to Free and Compulsory Education Act, 2009.))

The above-mentioned strength of 25% of the class also applies to pre-school education, if any of these schools provide for the same.

Minority Schools

Minority schools are schools run by members of a minority group. Minorities are religious groups other than Hindus, such as Christians, Muslims and Parsis. They are also groups in a state who don’t speak the main or official language of the state, such as Tamilians in Haryana or Gujaratis in Karnataka.

The Constitution of India allows minorities to run schools in their own way so that they can protect their culture and language. This means that minority schools don’t have to follow all the rules which apply to other schools and do not fall within the ambit of the Right to Education Act.

Who are the authorities for seeking constitutional remedies?

A person can file a writ petition before the Supreme Court of India or the concerned High Court of that state to enforce their fundamental rights.

The Supreme Court has the power to provide constitutional remedies to any person whose fundamental rights need to be protected. The right to seek constitutional remedies before the Supreme Court is by itself a fundamental right of any person. However, the right to seek relief with the Supreme Court can be suspended during a period of emergency.(( Article 32, Constitution of India, 1950.)) 

High Courts also have the power to provide constitutional remedies. Apart from fundamental rights, the High Courts also have the power to issue constitutional remedies for other purposes as well, such as protecting other legal rights.1

  1. Article 226(1), Constitution of India, 1950.))  However, the right to seek constitutional remedies before any High Court is not a fundamental right. There are territorial restrictions and a writ petition for constitutional remedies should be filed only to the concerned High Court which has authority in the area where the legal violation occurs.(( Article 226(2), Constitution of India, 1950. [↩]

Duties of Police During Arrest

Inform

Within 12 hours of the arrest, the police officer has to inform the police control room of 

  • your arrest
  • the place where you are being detained.

Investigate

The police will conduct an investigation and maintain a case diary during the investigation. The case diary is a daily diary kept by an officer detailing all that happens in an investigation. He will need to provide a copy of the entries in the case diary to the Magistrate. 

Chargesheet

Based on the investigation the police will then file a charge sheet. The charge sheet should be filed within 90 days if the accused person is in the custody of the police. 

Refusing an RTI Application

When the PIO refuses your RTI application, they have to tell you:

  • Why was the request refused?
  • Details of whom you can approach to appeal against this refusal.
  • How much time do you have to file this appeal?

If the PIO has not replied with information or has refused to give you the information unlawfully, you can appeal to an officer senior in rank to the PIO or file a complaint with the Central or State Information Commission.

Denial of Admission into Schools

No child can be denied admission to a school(( Section 15, The Right of Children to Free and Compulsory Education Act, 2009.)), irrespective of the time in the academic year in which admission is sought. Ideally, all children should be enrolled in school at the beginning of the academic session. However, schools may need to be flexible to allow admission at any time during the session.

Special Training

Children admitted after six months of the beginning of the academic session may be provided Special Training as determined by the Head Teacher of the school to enable him/her to complete studies.(( Rule 14, The Right of Children to Free and Compulsory Education Rules, 2010)) Special Training ensures that out-of-school children are integrated into the school system. Such support will be in the form of residential or nonresidential courses, as needed and such children will continue even beyond 14 years of age to complete elementary education

Prohibition of physical punishment and mental harassment

No child can be subjected to physical punishment or mental harassment at the hands of the school authorities. Physical harassment includes causing physical harm to children by hitting, pulling their hair, slapping, hitting with any object (ruler, chalk) etc. Mental harassment includes mocking the child with regard to his/her background, caste, parental occupation or shaming the child to improve their performance. Individuals may be subjected to disciplinary action under the service rules applicable to them upon subjecting the child to the same.(( Section 17, The Right of Children to Free and Compulsory Education Act, 2009.))

Prohibition to expel children 

No child can be expelled from school until they have completed their elementary education.(( Section 16(4), The Right Of Children To Free And Compulsory Education (Amendment) Act, 2019.))

What are the limitations in getting constitutional remedies?

  1. If someone files a writ petition before a High Court for a particular matter, they cannot file another petition seeking relief under the same writ before the Supreme Court.1
  2. Though there is no specific time limit for filing a writ petition, the Supreme Court or High Court can refuse to grant relief to a petitioner if there is an avoidable delay in filing the petition which affects the merits of the claim.2
  1.  Tilokchand Motichand & Ors. v. H.B. Munshi & Anr., 1970 AIR 898. [↩]
  2. Tilokchand Motichand & Ors. v. H.B. Munshi & Anr., 1970 AIR 898. [↩]