Major Laws and Rights

🔹 Motor Vehicle Act 1988, section -185, 202

➨ At the time of driving if your 100ml. blood contains more than 30mg. of alcohol then the police can arrest you without a warrant.

🔹 Criminal Procedure Code, Section 46

➨ No woman cannot be arrested before 6 A.M. and after 6 P.M.

🔹 Indian Penal Code, 166 A

➨ A Police officer can’t refuse to lodge an FIR if he/she does so they could be jailed for up to 6 months to 1 year.

🔹 Indian Sarais Act, 1887

➨ Even any 5-star hotel can’t prohibit you from drinking potable water and using its washrooms.

🔹 Motor Vehicle Act, 1988

➨ As per Section 129 of the Indian Motor Vehicle Act, wearing the helmet is a must for two-wheeler riders. Section 128 of this Motor Vehicle Act limits the maximum two riders on the bikes.

🔹 Domestic Violence Act, 2005

➨ If a young boy and a girl want to live together in a “live-in relationship”, they can do so because it is not illegal. Even the newborn from this relationship is also a legal son or daughter and this newborn have the full right in the assets of his/her father.

🔹 Police Act, 1861

➨ A police officer is always on duty whether he/she wearing a uniform or not. If a person makes a complaint to the officer, he/she could not say that he can’t help the victim because he/ she is not on duty.

🔹 Maternity Benefit Act, 1961

➨ No company can fire a pregnant woman. It may be punishable by a maximum of 3 years of imprisonment. If the company (Government or private) has more than 10 employees then the pregnant women employee is eligible to get 84 days paid maternity leave.

🔹 Income Tax Act, 1961

➨ In the case of tax violations, the tax collection officer has the power to arrest you but before arresting you, he/she will have to send a notice to you. Only Tax Commissioner decides how long you will stay in the custody.

🔹 Hindu Marriage Act, 1955 (Section -13)

➨ As per the Hindu Marriage Act, 1955 (any husband or wife) may apply for divorce in the court on the basis of Adultery (physical relationship outside of marriage), physical and mental abuse, impotency, to leave home without information, to change Hindu religion and adopt other religion, insanity, incurable disease and no information about husband or wife for seven-year.

🔹 Code of Criminal Procedure, 1973

➨ Only women police constable can arrest women.  Male constable doesn’t have the right to arrest women. Women have the right to deny going to police stations after the 6 P.M. and before the 6 A.M. In the case of a serious crime only after receipt of the written order from the magistrate, a male policeman can arrest a woman.

🔹 As per the Citizen Charter (Indian Oil Corporation website)

➨ There are very few people who know that if their gas cylinder blasts during the cooking of food then the gas agency is liable to pay Rs. 50 lakh to the victim as compensation. To claim this compensation consumers need to lodge an FIR to the nearest police station and submit it to the concerned gas agency.

🔹 Automotive (Amendment) Bill, 2016

➨ If you are fined for a crime (like riding without a helmet or any other reason) then you will not be fined for the same reason in the same day.

🔹 Maximum Retail Price Act, 2014

➨ Any Shop keeper can’t charge more than the printed price of any commodity but a consumer has the right to bargain for less than the printed price of a commodity.

🔹 Limitation Act, 1963

➨ If your office does not pay you then you have the power to file an FIR against it within 3 years. But if you report after 3 years, you will not get anything for the due.

🔹 Section 294 of the Indian Penal Code

➨ If you are found involved in “obscene activity" at a public place, you can be imprisoned for 3 months. But in the absence of an exact definition of obscene activity police have always misused this act.

🔹 Hindu Adoption and Maintenance Act, 1956

➨ If somebody belongs to the Hindu religion and has a son or grandson then he can’t adopt a second child.

The three judges cases of India

The "Three Judges Cases" in India are a series of landmark judicial decisions that significantly impacted the appointment and transfer of judges in the country. These cases played a crucial role in defining the principles of judicial independence, separation of powers, and the collegium system in India's judiciary. Here are the details of each case:

1. **S. P. Gupta v. Union of India (First Judges Case) - 1981:**

   - **Background:** The case revolved around the interpretation of Article 124 of the Indian Constitution, which deals with the appointment of Supreme Court judges. The government's power to appoint judges was challenged.

   - **Decision:** The Supreme Court held that the opinion of the Chief Justice of India (CJI) in judicial appointments should be given primacy. However, the CJI's opinion should be formed in consultation with a collegium of four senior-most judges of the Supreme Court.

   - **Significance:** This case established the collegium system, where judges have a significant say in judicial appointments.

2. **Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case) - 1993:**

   - **Background:** This case dealt with the interpretation of Article 124 and the role of the CJI in judicial appointments. The government's power to appoint judges was again challenged.

   - **Decision:** The Supreme Court ruled that the CJI should consult a collegium consisting of four senior-most judges of the Supreme Court in judicial appointments. The CJI's opinion, along with the collegium's recommendation, should be determinative.

   - **Significance:** This case reaffirmed and clarified the collegium system, emphasizing the independence of the judiciary from executive interference in appointments.

3. **Special Reference No. 1 of 1998 (Third Judges Case) - 1998:**

   - **Background:** The President of India referred questions regarding the appointment of Supreme Court judges to the Supreme Court for its opinion, leading to this case.

   - **Decision:** The Supreme Court reiterated and expanded on the collegium system. It held that the CJI's opinion, along with the collegium's recommendation, should be binding on the government in judicial appointments and transfers.

   - **Significance:** This case solidified the collegium system as the primary method for judicial appointments and transfers, further strengthening judicial independence.

These three cases collectively established the collegium system, which gives significant autonomy to the judiciary in the appointment and transfer of judges, aiming to ensure judicial independence and uphold the separation of powers between the judiciary and the executive in India.

Due process vs Procedure established by law

In India, due process and procedure established by law are two distinct legal concepts that ensure fairness and justice, but they operate differently.

1. **Due Process:**

   - **Definition:** Due process refers to the principle that the government must respect all legal rights owed to a person according to the law.

   - **Application:** It ensures that individuals have the right to a fair trial, legal representation, and protection against arbitrary or unfair government actions.

   - **Example:** In the Indian context, Article 21 of the Constitution guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this to include the right to a fair trial, legal aid, and protection against arbitrary arrest or detention.

2. **Procedure Established by Law:**

   - **Definition:** This concept means that any action taken by the government must follow procedures laid down by law, regardless of whether they are fair or just.

   - **Application:** It focuses on the legality of the procedure rather than its fairness. If a law permits a certain action, it can be carried out even if it seems unfair.

   - **Example:** The controversial Prevention of Terrorism Act (POTA) in India was considered legal and enforceable because it was established by law, despite criticism that it compromised civil liberties.

In essence, due process emphasizes the protection of individual rights and ensures fairness, while procedure established by law focuses on the legality of government actions according to existing laws, even if those laws are deemed unfair or unjust by some.