Human Rights are main agenda of all modern civilizations. Human Rights are basically related with life, liberty and dignity of individual. Constitution of India and various other laws had made many provisions to respects human rights thus they are made lawful rights of an individual. All these lawful human rights are enforceable by Courts.
In India a special Commission called Human Rights Commission is constituted for the protection of Human Rights. They are constituted under the protection of The Protection of Human Rights Act, 1993. This Act provides two tier Human Rights Commission – National and State level. It also contains provisions of creating Human Rights Courts.
Any person can complaint to Commission about the violation of Human Rights on simple plain paper and even verbally also. Commission can take any complaint suo-moto also. The Commission is empowered to recommend for appropriate relief to Government.
Any Ex-Chief Justice of India heads national Human Rights Commission. The Secretary General of National Commission is an officer of the rank of the Secretary to the Government of India. National Commission has also investigation staff with a Director General of police under it. The National Commission is situated in Delhi.
The Act also provides a State level Human Rights Commission
for every state. The State Human Rights Commission are always headed by an
Ex-Chief Justice of High Court or an Ex-Justice of Supreme Court. The Secretary
of State Commission is an officer of the rank of Secretary of State Government.
They have a investigating staff headed by an officer of Inspector General rank.
The Head Quarter of State Human Rights Commission are generally situated in the
Capital of their respective States.
WOMEN RIGHTS:
Our lawmakers have give continuous attention to women’s conditions and had enacted many laws to improve them. Our Constitution has made many special provisions for women ads right to equality in Public Services and equal pay for same work. Indian Penal Code and many other criminal laws describe many offences against women and provide rigorous imprisonment for offenders.
The writer of this lines will not waste time of readers by telling generally known laws of women’s right. He is restricting himself to laws, which has revolutionized women’s life in India.
Share in Fathers property –Indian married women are given Legal right of share in father’s property. Residential house and Agriculture land is not part of this right.
Right of maintenance from husband: –If a husband having sufficient means neglect or refuses to maintain his wife who is unable to maintain herself, wife can through court order get monthly allowance from her husband for her maintenance. Only Muslim women are no right to get such maintenance allowance from their husbands.
Maternity Benefit; -Employed Women in India are now eligible for leave with wages for certain period for giving birth to child, miscarriage etc.
Right of ABORTION- The women can now have abortion done legally. Earlier the abortion of an unborn child was serious offence. Now if women do not want to give birth to child because of some reason, she can get abort her pregnancy, which is now not an offence.
Protection from Police harassment; -A woman cannot be called to Police Station for an inquiry. She can only be interrogated at her residence. No woman can be kept in custody at night in Police Station. Women cannot be imprisoned under Civil Court Decree. Our lawmakers have give continuous attention to women’s conditions and had enacted many laws to improve them. Our Constitution has made many special provisions for women ads right to equality in Public Services and equal pay for same work. Indian Penal Code and many other criminal laws describe many offences against women and provide rigorous imprisonment for offenders.
The writer of this lines will not waste time of readers by telling generally known laws of women’s right. He is restricting himself to laws, which has revolutionized women’s life in India.
Share in Fathers property –Indian married women are given Legal right of share in father’s property. Residential house and Agriculture land is not part of this right.
Right of maintenance from husband. –If a husband having sufficient means neglect or refuses to maintain his wife who is unable to maintain herself, wife can through court order get monthly allowance from her husband for her maintenance. Only Muslim women are no right to get such maintenance allowance from their husbands.
Maternity Benefit; -Employed Women in India are now eligible for leave with wages for certain period for giving birth to child, miscarriage etc.
Right of ABORTION- The women can now have abortion done legally. Earlier the abortion of an unborn child was serious offence. Now if women do not want to give birth to child because of some reason, she can get abort her pregnancy, which is now not an offence.
Protection from Police
harassment; -A woman cannot be called to Police Station for an inquiry.
She can only be interrogated at her
residence. No woman can be kept in custody at night in Police Station. Women
cannot be imprisoned under Civil Court Decree.
Our country has a good legislation for consumers. Consumers are those who buy in a good or services.
Earlier consumers have to go mainly in civil Courts for their grievances. The procedure of Civil Courts is very lengthy and complicated as Code of Civil Procedure and Indian Evidence Act applies on it. One has to normally engage a lawyer and pay Court fees to civil courts., which is quite expensive also.
Now after passing of Consumer Protection Act, 1986 the things have become better for consumers. The three-tier consumer’s courts are created under this Act They are District Level, State Level and National level. Each District of India has its District level consumer Courts. District level consumer courts hear cases involving up to Rs. Five lakhs. State Level from five lakhs to twenty lakhs and National level above twenty lakhs. State and National level consumer courts hear appeal against the order of their lower consumer courts.
In consumer courts there is no need of any lawyer. No court fee is charged from complainant. These courts decide their own procedure. Lengthy and complicated provisions of Code of Civil Procedure and Indian Evidence Act are not applicable on them.
The complainant can make complaint on plain paper. The court gives notice to defendant. Both parties are given opportunity to present their side and evidence in their favour. The detailed procedure is given in Consumer protection Act, 1986. If defendant fails to reply the court can decide the case on the basis of complainant evidence.
After completing the due procedure the court pronounce its judgment based on the facts of the case. I can dismiss the complaint or it can award relief to complainant.
Non-implementation of relief given by consumer court to complainant by opposite party is an offence punishable with imprisonment.
India has great set of different Labour Laws. This law touches almost all aspects\fields of labour.
Labour Laws are made for persons working at lower level. Any supervisory /Managerial Staff is not covered under these laws. Labour laws consist of many provisions regarding Discipline etc of labour also. They have to worked under discipline these laws empowers Employers to take action on Labour also.
By different laws Indian Labour has given right to receive a minimum salary as fixed by Government and to receive salary at time as fixed by law.
After 10 employees they are entitled for Bonus and ESI. Married women are given maternity benefit, from twenty or more employees in an Establishment .The establishment is also covered under provident fund. After five years service they are entitled for gratuity at the time of leaving service.
Various Labour Laws provide for basic amenities at working place, like toilets, drinking water, etc. The also provide different types of leaves with wages like weekly holiday, earned leave, casual and medical leave etc;
Working hours of labour are also fixed in different labour laws.
Labour courts are constituted under Industrial Dispute Act 1947.any labour can go against its employer for any relief to labour court. Any employer can also go against other labour in Labour court. Even a person from labour can also go against other person from labour in Labour Court.
PROTECTIONS;- A reasonable opportunity is to be given to any labour before terminating his services as punishment. Otherwise that termination becomes illegal.
In case of termination of service not based on punishment and labour has worked for more than a certain period basically compensation as described in Industrial Dispute Act is to be given to it.
Here it is worthwhile to mention that Indian Labour Laws do not favour any wrongdoer labour. The employer is free to take action on it. The labour has only right of reasonable opportunity to defend itself before awarding any punishment by Employer. If after giving opportunity to labour the employer finds responsible for any wrong he is legally authorised to take action against him. This action includes termination of service.