Legal Guide

What are the types of Legal Rights in India?

by Bhavya Choudhary · 4 min read

Types of legal rights

Introduction

  • Rights are essential for all human beings to live in order to achieve economic progress and wealth, as well as to live in harmony with their neighbors across the world.
  • Human Rights, Fundamental Rights, and Legal Rights are the three main rights that inhabitants of a country have.
  • Legal rights refer to a set of rights enshrined in the legal system of a government. They are provided as privileges to the inhabitants of that particular state. 
  • As a result, citizens have certain types of legal rights and benefits that are granted by the regulations. These types of legal rights are guaranteed to citizens of a particular nation under the regulations of that country.

Legal Rights in India

  • In summary, the liberties offered by governments to their citizens are legal rights. These types of legal rights are therefore established and preserved by the legal framework of the Government, ensuring that the same parties may also reinterpret or amend them.
  • Likewise, these types of legal rights are not universal, varying from state to state, country to country, individual to individual, and even through time.
  • Judicial privileges are protected by ordinary statutes, but they can be amended or removed by the legislature by modifying the law.
  • Now is the moment to legally empower yourself and learn the types of legal rights you have as an Indian citizen. While most Indians are aware of some of our basic types of legal rights, here are a few types of legal rights that you may not be aware of.

Types of Legal Rights

The authority to submit an FIR

  • The first type of legal right everyone should be aware of is regarding FIR.
  • According to the Indian Penal Code, a police officer cannot decline to file an FIR.
  • As an Indian citizen, it is a type of legal right to register an FIR for a cognizable offense, and a police officer who refuses to lodge the FIR is liable under the Indian Penal Code for committing a crime.
  • According to the Supreme Court, in such circumstances, “the police officer will be subject to prosecution and punishment.”

2.     The right to request a refund

  • The Customer Protection Act of 1986 is a type of legal right that offers every consumer the right to a full refund if they are dissatisfied with their purchase or are unable to use the services for which they have paid.
  • In reality, printing “No exchange or refund” on bills and invoices is both unlawful and unethical. You can take legal advice from a professional lawyer in this situation.

3.     The right of parents to be supported by their children

  • Parents (whether biological, adopted, or stepfather or stepmother, senior citizen or not) have the right to seek support from their adult children. 
  • It is a type of legal right that is provided by the Cr. P.C.

4. Equality of remuneration for equal work

  • The Equal Remuneration Act of 1976 is a law that requires equal compensation for equal labor done by men and women. 
  • When two or more persons perform the same task under identical conditions, they are entitled to equal compensation. It is a type of legal right that is provided by the Constitution.

5. A woman’s rights while arrested

  • Except under rare circumstances, no woman can be arrested before dawn or sunset, according to the Criminal Procedure Code (Cr. P.C) (After 6 pm and before 6 am). 
  • In addition, a male police officer may never arrest a woman. It is a type of legal right provided by the Cr. P.C

6. Legal right to sue if a traffic officer steals your car key

  • Another type of legal right every individual must be aware of is the motor vehicle act. 
  • According to the Motor Vehicle Act of 1988, if a traffic officer steals the key from your automobile or motorbike, you have the right to file a legal procedure against that traffic officer. 
  • You can also take legal advice from a professional lawyer if anything like this happens.

7.     Right under the Police Act, 1861

  • According to the Police Act of 1861, a police officer is always on duty, whether or not he or she is wearing a uniform. 
  • If a victim approaches an officer, the officer cannot refuse to assist because he or she is not on duty. 
  • It is a type of legal right provided by the Constitution for every citizen.

8.     Right under the Maternity Benefit Act of 1961

  • No firm can fire a pregnant woman under the Maternity Benefit Act of 1961. It is penalized by a maximum of three years in jail. 
  • It is a type of legal right that applies to employees in both the private and public sectors.

9. Cheque Bounce

  • A cheque bounce is a violation of the Negotiable Instruments Act of 1881, punishable by a fine of up to double the value of the cheque, imprisonment for up to two years, or both. 
  • It is a type of legal right provided by the negotiable instruments act. For this, document verification is done. Document verification can be done with the help of a lawyer.

10. Right to free legal assistance

  • Another type of legal right every citizen must be aware of is the right to free legal assistance. 
  • The Government passed this legislation in accordance with Article 39-A of the Indian Constitution in order to give free legal aid services to all individuals who cannot afford to hire attorneys.

11. Right to Information

  • Under the RTI Act, any Indian person can seek information from any public authority, and the authority must respond as soon as possible or within thirty days.
  • If the petitioner’s life and liberty are at stake, the information must be delivered within 48 hours. It is a type of legal right that is guaranteed to every citizen of this country.

Conclusion

Legal rights are expressly stated by several governments but are not included in the Constitution. All constitutional and human rights are enforceable in nature, while the former is enforced by the courts of justice and the latter by the United Nations Organisation.

In the case of enforceability, however, legal rights are enforceable by the Government, but they can be revoked or amended at any moment. The types of legal rights are those given to a person by actions that are statutory in nature and may be removed by another act with parliament’s consent.

It is critical to understand the types of legal rights as an Indian citizen in a country as varied and complicated as India. Not understanding your basic types of legal rights can have ramifications ranging from personal safety to work stability.

Bhavya Choudhary

Written by

Bhavya Choudhary

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