🔰 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 constables 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.
List of Major Labour Laws in India
🔹 The Trade Unions Act, 1926
➨ Trade unions are a very strong medium to safe the rights of the employees. These unions have the power to compel higher management to accept their reasonable demands.
➨ Article 19(1)(c) of the Indian Constitution gives everyone the right “to form associations or unions”. The Trade Unions Act 1926, amended in 2001 and contains rules on governance and general rights of trade unions.
🔹 The Payment of Wages Act 1936
➨ This act ensures that workers must get wages/salaries on time and without any unauthorised deductions.
➨ Section 6 of the Wages Act 1936 says that workers must be paid in money rather than in kind.
🔹 Industrial Disputes Act 1947
➨ This act has the provisions regarding the fair dismissal of permanent employees.
➨ As per this law, a worker who has been employed for more than a year can only be dismissed if permission is sought from and granted by the appropriate government office/concerned authority.
➨ A worker must be given valid reasons before dismissal. An employee of permanent job nature can only be terminated for proven misconduct or for habitual absence from the office.
🔹 Minimum Wages Act, 1948
➨ This act ensures minimum wage/salary to workers of different economic sectors. State and Central governments have the power to decide wages according to the kind of work and location.
🔹 Maternity Benefits Act, 1961
➨ This Act entitles maternity leave for pregnant women employees i.e. full payment despite absence from work.
➨ As per this act, female workers are entitled to a maximum of 12 weeks (84 days) of maternity leave.
➨ All the organised and un-organised offices that have more than 10 employees shall implement this act.
➨ This act has been amended in 2017.
🔹 Sexual Harassment of Women employees at Workplace Act, 2013
➨ This act prohibits any kind of sexual Harassment of the women workers at the workplace.
➨ This Act came into force from 9 December 2013.
➨ This act must be implemented by all public or private and organised or unorganised sectors that have more than 10 employees.
➨ This act covers all women, irrespective of her age or employment status. Most Indian employers did not implement this law.