India being a vast country with quite a good number of 69.3% of literacy which
would reach the club of 100% literate country in coming years.
But along with literacy, people need to be legally aware about our laws. Many
people think that they are aware about the laws and their legal remedies but are
unaware about their basic and legal rights and thereby violate the law
regardless of knowing the legality of Ignorantia Juris Non Excusat (means
ignorance of law is not an excuse) a legal principle, which means that a person
who is unaware of law cannot escape the liability for violating the law.
severe hindrance to legal aid in India is lacking legal awareness amongst the
people. There are different organizations and authorities like, National Legal
Services Authority which has been designated to spread legal literacy among the
nation. Section 12 of the legal services authorities act, 1987 prescribes the
criteria for giving legal services to the eligible persons who all are entitled
to free legal aid. Even today , many people settle for injustice because they
cannot afford legal defence.
The concept of legal aid is made to provide access
of legal education to poor and illiterate people. Free legal aid is one of the
fundamental rights guaranteed to all the citizens of the country. Article 39A of
the Constitution of India provides for free legal aid to the poor and weaker
sections of the society, to promote justice on the basis of equal opportunity.
The motto behind this article is to reveal some unknown legal aspect to be known
by common or lay man.
As per Bombay Prohibition Act 1949
The state government may, on such condition, rules as may be specified by
general or special order in writing made imperative to have authorisation for
consumption, possession, purchase, sale or serve liquor to Whoever in
contravention of the provisions of act or any regulations shall on conviction
empowers police to arrest the accused with punishment ranging from 3 months to 5
years of imprisonment. Breach of the act would be committed if you consume
liquor along with validated age without permission.
Non obsante (notwithstanding) to the act:
- No person shall host a party or serve liquor to more than 10 people
without legal sanction and breach of section will be registered as a
criminal offence against host and liquor will be seized.
- No person shall open, retain or use any place as common drinking house.
Tourist permit is required to transport alcohol from Maharashtra to other states
as such taxes are levied on liquor varies in different states leading to revenue
reduction of respective state. Transporting liquor without a permit is
punishable with a fine of 50,000 rupees and 5 years in prison.
[Behram Khurshed Pesikaka V/S State Of Maharashtra
Air 1955 Sc 123],
This is an appeal by special leave from a judgment of the High Court of
Judicature at Bombay reversing the order of acquittal passed in favour of the
appellant by the Court of the Presidency Magistrate, Bombay, convicting him of
an offence under section 66(b) of the Bombay Prohibition Act, 1949, where
appellant was sentenced to one month of rigorous imprisonment and a fine of rs
500 for consuming alleged alcohol.
[Janrao Balaji Tanje And Anr. Vs The State Of Maharashtra
on 23 August, 1977],
showing the contexts in which Bombay Prohibition Act 1949, section 66(1) b
appears in the document, Where the prosecution wants to establish that an
accused has committed the offence of possession of liquor Under Section 66 (1)
(b) of the Bombay Prohibition Act, 1949, it should not only show that the
accused was in possession of contraband liquor which contained alcohol but it
should also have to show that such a variety, which was in possession of the
accused, was not of the kind exempt Under Section 24-A of the Act.
People find it easy to adopt a child but they are unaware about it's legal
process. Section 11 of Hindu Adoption and Maintenance Act states the eligibility
for valid adoption,
- A single man is not eligible for adopting a girl child until he
attains the age of 21 years or older but a single woman can adopt a
child of any gender.
- A minimum age difference of 21 years between the single mother and
the adopted child is required if they're of opposite sex.
- A single parent should be between 30 – 45 years of age if he or she
wishes to adopt a child of the age group of 0-3 years. - The age limit
for adoption of a child elder than 3 years is 50.
The breach is fatal to adoption in the case, [Hanmant Laxman
Salunke (D) By L. Rs. V. Shrirang Narayan Kanse, Air 2006 Bom 123]
, where the age limit is 55
years to be a single parent. A couple can adopt a child only on the condition
that they already has a child and that adopted child is of opposite sex.
Theft By Finding
In India, you are liable to theft by finding if you pick up lost money from
As per Quasi- Contract( section 71) under Indian Contract Act 1872,
If a person finds goods that belong to someone else and takes them into his
custody, Nemo Dat Quad Non Habet
( No one gives what they do not have) rule or
priciple in adherence, he has to adhere to the following responsibilities:
- Take care of the goods as a person of regular prudence;
- No right to appropriate the goods;
- Restore the goods to the owner (if found).
Simply, a person who finds goods that belong to another person shall be treated
as a bailee. A bailee is essentially a safe keeper of the goods, who is supposed
to return the goods to the actual owner or dispose them in the manner in which
the actual owner may want them to. The bailee has certain duties and rights as
the ‘possessor’ or ‘custodian’ of the goods for the time being.
In [R V Viscount Hertford]
, it was held that “if money be given to one to keep
generally without consideration and if the person be robbed, he is discharged”.
Further in subsequent cases absolute liability was confined to carriers only and bailees owed only a duty to reasonable care.
[Kanhya Lal Sain V. Registrar Examination, R.H.C.]
, it was held that the
aforementioned provision does not specifically lay down the finder’s rights and
thus a bailee may be interpreted as a finder of lost goods; however, the two are
not the same.
Right To Live-In-Relationship
IN [S. Khushboo Vs. Kanniammal & Anr
on 28th april 2010], the Supreme Court of
India, placing reliance upon its earlier decision in [Lata Singh Vs. State Of
U.P & Anr
on 7 july 2006], held that live-in-relationship is permissible only
in unmarried major persons of heterogeneous sex.
The Supreme Court in the case of [D. Velusamy V.D. Patchaiammal]
held that a
‘relationship in the nature of marriage’ under the 2005 Act must also fulfill
the following criteria:
- The couple must hold themselves out to society as being akin to spouses
- They must be of legal age to marry.
- They must be otherwise qualified to enter into a legal marriage,
including being unmarried.
- They must have voluntarily cohabited and held themselves out to the
world as being akin to spouses for a significant period of time, and in
addition, the parties must have lived together in a ‘shared household’ as
defined in Section 2(s) of the Act. Merely spending weekends together or a
one-night stand would not make it a ‘domestic relationship’.
Free Legal Aid
Section 12 of the legal service act provides the criteria under which a member
of SC or ST, a victim of trafficking and mass disaster, industrial workman and
the person whose annual income is less than rupees nine thousand or such, are
provided with free legal aid. The rights of these people should be known to them
and it's our duty to make them aware about their rights and privileges by active
participation in decision making and to make sure that their voices and
interests are heard.
As per the maxim, Locus standi (the right of a party to appear and be heard
before a court) every individual or citizen of our country should not be
condemned without being heard. We can provide access to these people by
organizing little camps about the social welfare schemes for their security,
health care, poverty relief and simultaneously giving them the access to
information and government policies as well as starting campaigning and
providing them the platform where they can approach and seek help in cases like
violationof their rights such as discrimination, wage miscalculations, sexual
harassment and whistleblowing.
Apart from this, medical care and other facilities like compensation equivalent
to 50 percent of the total basic wages and dearness allowance needs to be given
to workman under section 25 C of industrial disputes act. The rights of
employees are protected against suffering any harm because of any reasonable
actions they take on health and safety grounds and this applies regardless of
their length of service, under employment rights act 1996. We can provide access
to these people by organizing little camps about the social welfare schemes for
their security, health care, poverty relief and awaring them about their rights
Legal rights are, clearly, rights which exist under the rules of legal systems
or by virtue of decisions of suitably authoritative bodies within them. It is an
interest accepted and protected by law.
These include individual rights common to most, such as equality before the law,
freedom of speech and freedom of expression, religious and cultural freedom,
Freedom of assembly (peaceful assembly), freedom of religion (freedom to
practice religion), right to constitutional remedies for the protection of civil
rights. On the other hand remedies are the means to achieve justice in any
matter in which legal rights are involved.
Remedies may be ordered by the court, granted by the judgement after trial or
hearing, by agreement (settlement) between the person claiming harm and the
person he/she believes has caused it, and by the automatic operation of law.
Hence we are providing access to information of law, it's legal rights and
remedies which should be known to people in large.
Mere knowledge is not enough, we have to make sure that they are acquiring
appropriate platform to utilize their rights in a bona fide system and be more
cautious before taking any step against the law. Considering before possessing
liquor, realizing what steps needs to be taken before adopting a child,
thinking twice before picking up lost money, being perceptive before moving in
together without marriage and providing access to free legal aid to poor and
illiterate people are some legal rights which every individual should be aware
about and hoping that they'll be implementing these laws in their day to day
After gaining access to the above statutes, we are anticipating that people will
be aware about the laws and in consequence, the violation and it's cause will
reduce. These are the steps which might be taken in order to come up with
approach of procuring facts or knowledge to every individual in order to
overcome the infringement of legal rights.