Rights

‘Way in a manner, which rash or negligent driving/riding as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.’

The Ministry Of Transport has launched an application in this regard to handle multiple issues related to road traffic. M-Parivahan App used for e-challaning, reporting accidents, traffic violations, ambulance services and RTO related matters etc. Till today only Android version is available, citizens can download it in google play store. Apart from all other transport related utilities, citizens can report rash driving, negligence, accidents by clicking photographs of the incident/vehicle. Moreover, citizens with unique features like virtual RC (vehicle registration certificates) and virtual DL (Driving License). It also enables the citizen to allow sharing of RCs with their family members and related citizens without any hassle.

Other benefits as below;

1. Find details of any parked, accidental or theft vehicle by just entering the registration number.
2. Verify your car registration details.
3. Verify details of a second-hand vehicle.
4. If you want to buy a second-hand car you can verify the age and registration details.

Above all factors, rash drivers, road stunners be in caution that, any of the officials of RTO, whether in duty or not, if found any such malpractices on road by anyone, can simply file a case anonymously through this application and book you somewhere on the road by any other RTO officials on duty all over India. So follow the rules and drive safely to save your license, pocket, and health.

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Following situations police can arrest a person without warrant

1. Police suspects a person reasonably, or on formal complaint/ credible information concerned about any cognizable offense (any serious offense)

2. Illegal encroaching or breaking a house
3. A proclaimed offender
4. Person having any stolen property and reasonably suspects the committed offense

5. Obstruction to police officer duty, try to escape from police custody, breach of rules by convicts.

If anyone got arrested under any of the above circumstances, following procedures should be carried out by the police officer

(a) Bear an accurate, visible and clear identification of his name, and authenticity

(b) Prepare a memorandum of arrest which shall be-

(i) Attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

(ii) Countersigned by the person arrested; and

(c) Inform the person arrested, unless the memorandum is attested by a member of his

family, that he has a right to have a relative or a friend named by him to be informed of

his arrest.

1. d) The arrested person’s name and address and name and designation of the arrested police officer should be published in district control rooms notice board.

Rights of the arrested person.

1. To meet an advocate of his choice during interrogation.
2. To be informed of grounds of arrest and of the right to bail.
3. Police should inform the arrested with full particulars of the offense for which he is arrested

4. Should inform the friends, relatives, family of the arrested
5. The police officer shall inform the arrested person of his rights as soon as he is brought to the police station.
6. An entry of the fact as to who has been informed of the arrest of shall be made in a book to be kept in the police station
7. Examination of the arrested person by a medical practitioner at the request of the arrested person and on request the arrested person should get the medical report.
8. An arrested person should be presented before court within 24 hours.

Sometimes the family or friends of the accused or arrested feel that police haven’t followed the rules and violate human rights, and can approach the National Human Rights Commission for justice. On behalf of the victim, family or friends can register their grievances through the NHC portal with supporting evidence of the breach of human rights.

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The Ministry of Law and Justice established a network of advocates to provide pro-bono (for professional work undertaken voluntarily and without payment) legal service across the country. Nyaya Bandhu Programme intended to establish a network of advocates, who are interested in providing free legal service to eligible marginalized and vulnerable beneficiaries, through an Android Mobile Application.

If you belong to any of the categories mentioned under, eligible to avail this service.

• Member of a Scheduled Caste
• Member of a Scheduled Tribe;
• Victim of trafficking in human beings
• Woman or a Child;
• Person with disability;
• Person in custody;
• An industrial workman;
• Victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster;
• Person who is under BPL category
• Other

This service is free of cost except incidental expenses like photocopying, posting and typing charges.

Person(s) under the above category, need legal advice and representation in court to present his/her case can register in https://probono-doj.in/ or download Nyaya Bandhu App available in Google play store. Once you register and are given requisite documents to verify your eligibility to avail the service, you will be connected with nearest advocates who are partnered with Nyaya Bandhu programme, Ministry of Law and Justice. Once your complaint/concern is connected with an advocate through an app or pro bono website, you can contact and consult for further proceedings free of cost. The same information can be accessible through UMANG mobile app too.

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Ministry of Electronics and Information Technology (MeitY) launched Unified Mobile Application for New-age Governance (UMANG), it is a Digital India initiative focused to avail multiple government services at one place – UMANG. Services can be accessible once a citizen registered either through a website or mobile application. Click here to register: https://web.umang.gov.in

Under the UMANG umbrella, citizens can access various services offered by central as well as state departments, Local bodies, private utility service providers. The aim of this initiative is to provide all citizen centric services at one place which can be accessible on UMANG mobile application, website, IVR and SMS etc. rendered through smart phones, tablets, computers etc. Interestingly, each citizen account is secured by MPIN and each time login OTP system.

Some of the major services as given below;

• National consumer helpline – consumer can file a complaint here and track
• National cybercrime complaint services – citizens can report and complain cybercrimes through this service and cases will be transferred to your district cyber cell and resolved in minimum time.
• Bill payments – utility bill payment like gas, water etc
• EPFO services – PF accounts should be checked frequently to avoid fraud activities. Here citizen can check their accounts
• Schemes – central and state government citizen centric schemes. You can check eligibility and other details.
• Digital locker service, – Government controlled digital locker facility, citizens can securely save important documents here.
• Income tax payment – Tax challan payment system available here
• Digital library services for students – Beneficial to students, can choose desired books related to subjects
• Passport services – knowing fee, passport Kendra, location, etc to apply/renew passports.
• E-court services – check case status, orders, cause lists online

There are other services too available here to smoothen citizen day to day life. Having registration and regular visits to this app/website would be beneficial to citizens to avoid confusion, getting clarity and self-empowerment.

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In the past there was only one option apart from union involvement, i.e.. Labor court. How many of you can move to the labour court and fight for justice? Simply, it’s a long process. The Ministry of Labour introduced a new system for employees, unions to resolve employee problems, termination or with the conditions of labour by simply registering their concerns through online. SAMADHAN – an online based system to Monitor, Disposal, and Handling of Industrial Disputes arise in between employees and employers.

An individual worker/employee or a trade union can register and raise their complaint through this system before the Conciliation Officer (C.O.) of the area.

The C.O will purposefully act to settle the dispute without any delay. He/ she investigates the dispute and all matters affecting the merits and right settlement thereof and may do all such things as he/she thinks fit for the purpose of inducting the parties to come to a fair and amicable settlement of dispute.

If no settlement arises in this practice, the C.O may send a report to the appropriate government and the government feels that the case should be referred to the Industrial Tribunal, and will be forwarded to the concerned tribunal for settlement of the dispute.

If you are in such trouble mentioned above, feel to raise your complaint formally, click here:https://samadhan.labour.gov.in/Users/signup

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National Human Rights commission is the apex body to look after matters related to human rights and its violations. The commission was constituted to protect rights of citizens and enhance knowledge regarding the rights and its practices. When a citizen finds itself denied their rights, the Commission is in help to protect the rights in the country. Following are the areas of consideration of the commission

1. Atrocities, discrimination, indignity, victimization against SC/ST,

2. Indignity, indecent, dowry demand, exploitation, abduction, sexual harassment, discrimination, immoral trafficking on women
3. Disparities in employment opportunities, non-payment of salaries/wages/compensation/ pension
4. Religious discrimination, intolerance, rehabilitation of victims, inaction by local administration, provocation by authorities, demolition of houses, religious places,
5. Relief and rehabilitation of displaced persons, harassment on project affected persons by authorities,
6. Operation of hazardous industries, pollution affecting surroundings, ecological disturbances, environmental pollution, misuse of scientific & technological development,
7. Unlawful detention, rape/abduction/kidnaping/abuse of power, custodial death, custodial torture/death, illegal arrest, by police,
8. Malfunctioning of panchayat, caste panchayat, complaint against ward member, honor killing by panchayat

9. Denial of housing in govt schemes, social boycott, ragging in college, denial of right to vote, family disputes, land/matrimonial/pension disputes

11.Discrimination against LGBTI rights, denial of treatment at hospitals, doctors, clinical trial of 12. drugs, medical negligence, maternity care, malnutrition, any harassment against children etc are some of the human rights complaint areas.

Those who aggrieved/need to protect his or her rights can register a formal complaint with the National Human Rights Commission online and participate in the proceedings to bring justice

click here for complaint registration: https://www.hrcnet.nic.in/HRCNet/public/Home.aspx

Note that;

1. more than a year-old incident
2. matters pending in any other legal system
3. Unclear – allegation type complaints
4. civil disputes and service-related other than pension

Complaints that come under the above categories won’t be considered by the commission.

For filing a complaint online, if it is through the Common service centre, fee will be Rs 30/- ONLY.

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Public servants are responsible to serve the people by law. They should not disobey the law, or intentionally do act to cause damage/injury to any person in the country.

If you met with any of the below incident(s) from a public servant;

(a) knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person,

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or

(c) fails to record any information given to him

(d) Public servant, InCharge with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person

In such cases you can move legal action with proven records to make them accountable before the public. Before moving towards legal action, a citizen can register the Government of India grievances redressal portal by registering the complaint against public servants.

Centralized Public Grievance Redress and Monitoring System (CPGRAMS) is an online platform available to the citizens to lodge their grievances to the public authorities on any subject related to service delivery. It is a single portal connected to all the Ministries/Departments of Government of India and States. Click here for complaint registration https://pgportal.gov.in/

Keep in mind that if your complaint is related to the following; PG portal won’t consider further proceedings.

• Matter pending before court/ awaiting judgment
• Personal and family disputes.
• RTI matters.
• Anything that impacts upon territorial integrity of the country or friendly relations with other countries.
• Your Suggestions.

Note: If you haven’t receied any satisfactory redressal of your grievance within a reasonable period of time, approximately within 45 days, relating to Ministries/Departments and Organizations under the purview of Directorate of Public Grievances (DPG), Cabinet Secretariat, GOI, you may seek help of DPG in resolution, click here for details https://dpg.gov.in/ DPG will consider the complaint only if it is related to central government institutions.

If your complaint is related to state government servants and not satisfactorily resolved through pg. portal mechanism, the complainant can approach state mechanism, which may be connected to Chief Ministers’ grievances platform, available in respective Chief Minister’s websites.

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