DO YOU KNOW YOUR RIGHTS?

FIRST INFORMATION REPORT (F .I.R.)

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immediately LEGAL AID

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In case of any serious offences register FIR Anyone can file a F.I.R. If the police refuse to record your F.I.R send it in writing by R.P.A.D. to the Commissioner/Superintendent of Police, who can investigate the case himself or direct a subordinate officer to investigate. F.I.R. must be taking down in writing, read over, and explained to you. F.I.R Must be signed by you and you have right to get a copy of the FIR free of cost.

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If poor, you have fundamental right to demand a competent lawyer at state expense from the court. Your lawyer can remain present during the Interrogation by the police. You have a right to 'MULAQAATS' with your lawyer while in custody.

BAIL
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ARREST
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Police officers arresting and interrogating you must wear clear and visible identification and nametags with their designations. You must be told the reason for your arrest, of your right to bail and of your right to lawyer of your choice. Your relative/friend must be informed of your arrest and place of custody. Police must prepare a memo of arrest signed by your family member/ respectable person from the area where the arrest is made. Police must make an entry in the Diary at the lace of custody regarding the arrest, the relative/friend who was informed and the officer in whose custody you are An accurate list of things seized from you must be prepared and you are entitled to a copy immediately. The arresting officer must inform the police control room about the arrest and place of custody,which should be displayed on a conspicuous notice board. Police cannot handcuff you without a judge's permission.

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If arrested in a Bailable offence you are entitled to bail as a matter of Right. Asked the Police to release you on bail immediately. If arrested in a Non-Bailable offence, apply to the court for bail Keep the following ready for production for/on Grant of bail Ration Card, Electricity bill, Telephone Bill, Rent Reciept, Election Commission I-card, PAN card, Salary Slip, Bank passbook etc. You have a right to get bail if you are in custody and The Chargsheet is not filed within 60 days of the date of the production before the Magistrate for the first time, in cases where the offence is punishable with imprisonment of less than 10 years. The Chargsheet is not filed within 90 days of the date of the production before the Magistrate for the first time, in cases where the offence is punishable with imprisonment of more than 10 years. If the bail amount is too high apply for reduction of bail.

WOMEN
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SEARCH
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Two independent witnesses (Panchas) should always be present when you/your premises is searched. An accurate list of articles seized from you/your premises must be prepared and given to you immediately.

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MEDICAL EXAMINATION
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Request a medical examination immediately after arrest. The doctor must examine you and record all injuries, major and minor in the 'Inspection Memo'. Inspection Memo must be signed by you and arresting office. Signed only and accurately filled-out memo and must ask one copy of the Inspection Memo. You should be medically examined every Fourty-Eight hours while in Police custody. Make an application for medical treatment in case of unstable health conditions.

No arrest after the sunset and before sunrise A women police constable must be present when you are arrested. You can be physically search by another woman only. Medical examination can be done by or under the supervision of women doctors only. A Women arrested should be detained in a women's lockup. Every Women Prisoner must be examined once a month by the Doctor while in Prison. A women or Minor girl witness cannot be called to the Police Station, but can only be interrogated at her residence. A Pregnant women prisoner must be medically examined at the district Government Hospital, and provided with the Pre-natal and Post-natal care.

CHILDREN & JUVENILES

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PRODUCTION IN COURT
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In case of person under Eighteen years of age on the date of the offence, age to be verified by document or medical examinations. No remand to jail or police locks up. Must be sent to Juvenile homes. All Investigation to be completed within four months of Complaint. F.I.R and Inquiry before the Juvenile Justice board disposed of in Six Months. No Imprisonment/Death Sentence to be awarded to the Child. The media can not disclose any information about a Juvenile that would reveal her or his Identity.

You must be produced before the nearest magistrate within 24 hours of arrest. You can be send to Police Custody only for the First fifteen days from the date of production before the magistrate after that, You must be send to Judicial custody. You have the right to get legible copies of the F.I.R, Remand application or Chargsheet against You and Police must provide you free of cost. Torture Torture is illegal. If you are tortured by the Police or Jail officials, or anyone else while in custody, complain to the judge immediately, and show the injury marks and your body if possible. If a confession is taken after torture, inform the judge immediately and retract it. If you are in Police Custody, Request that you be sent to judicial custody

SOME RIGHTS OF PRISIONARS

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You are entitled to decent food, soap, clothing, bedding, medical care and Sanitation facilities. You have the right to Write and receive letters. You have right to meet with your family and friends. You can receive books, News paper and other Publications at your expense. You can publish books and articles while in prison. You have right to be interviewed by Journalist while in prison. A under trial Prisoner cannot be forced to do labor while in prison. An under trial prisoner who voluntarily works or a convicted prisoner sentenced to more than three months who has completed the first three month of his sentenced , should be at reasonable wages for his labor while in prison. Transfer to Prisons in faraway places is not to be done.

World Human Rights Day, 10th December 2012.

IF POLICE OR PRISON AUTHORITIES DO NOT RESPECT THESE RIGHTS TELL THE JUDGE IMMEDIATELY. STUDENTS ISLAMIC ORGANISATION OF INDIA SOUTH MAHARASHTRA GLINT HOUSE, AHMED RAZA ROAD, SHAH BAZAR, AURANGABAD 431001. www.sio-india.org / www.mszone.sio-india.org Telefax:-0240-2337787 Email: - mahsouth@sio-india.org

KNOW YOUR FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS:
The fundamental rights, embodied in Part III of the constitution, guarantee civil rights to all Indians, and prevent the state from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens 'Right from encroachment by Society'. Right now seven fundamental Rights provided by the constitution are:

RIGHT TO EQUALITY (Article 15)

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Guarantee to equality before law as well as equal protection of the law to all persons within the territory of India(Article 14) No discrimination on the ground of only of religion, race, caste, sex, place of birth or any of them. Guarantee to equality of opportunity in matter of public employment and prevents the state from discriminating against anyone in matter of employment on the ground only of religion,sex,race,caste,descent,place of birth,place of residence or any of them(Article 16)

RIGHT TO FREEDOM (Articles 19, 20, 21, 22)

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Freedom of speech and Expression. ! Freedom of Assembly ! Freedom of association without arms. ! Freedom of movement throughout the territory of India. ! Freedom to reside and settle in any part of the Country India. ! Freedom to practice any profession However these freedoms are subject to reasonable restrictions that may impose on them by the state listed under article 19 itself on the ground of National Security, Public Order, Decency and Morality contempt of court, incitement to offence and defamation.

RIGHT AGAINST EXPLOITATION (Articles 23 & 24)

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Prohibits human trafficking making it an offence punishable by law. Prohibits forced labor or any act of Compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. Permits the State to impose Compulsory Service for public purposes including Conscription and Community services. Prohibits the employment of children below the age of 14 years in factories, mines and other hazardous jobs.

RIGHT TO FREEDOM OF RELIGION (Article 25, 26, 27 & 28)

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Guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice subject to public order, morality of health and the power of state to take measures for social welfare and reform(Article 25) Guarantees all religious denomination and sects to manage their own affairs in matter of religion, set of institutions of their own for charitable or religious puropses,and own, acquire and manage property in accordance with law subject to public order, morality and health.(Article 26) Guarantees that no person can be compelled to pay taxes for the promotion of any particular relation or religious institutions.(Article 27) Prohibits religious instruction in a holy estate funded educational institution and educational institution receiving aid from the state cannot compel any of their members to receive religious instruction or attend religious worship without their. (Or their Guardians)consent.(Article 28) Cultural and educational Rights.(Article 29 & 30) Grants any section of citizens having a distinct language, script culture of its own, and the right to Conserve and develop the same. Prohibits discrimination against any citizen for admission into any Educational Institutions maintained or aided by the state, on the grounds only of religion, Race, Caste, Language or any of them subject to reservation of Seats by the state of Socially and Educational backward classes as well as reservation upto 50 percent of seats to any educational institution run by minority community for citizens belonging to that community. Confers upon all religions and Linguistic minorities the right to setup and administrate educational institution of their choice in order to preserve and develop their own culture and prohibits the state while granting aid from discriminating against any institution on the basis of the fact that it is administered by religious or cultural minority.

RIGHT TO EDUCATION:
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Right to education at elementary level has been made one of the fundamental rights under the Eighty-Six Amendment of 2002. The Right of Children to free and compulsory education Act, 2009 is meant to provide for free and compulsory education to all Children of the age of Six to Fourteen years.

RIGHT TO CONSTITUTION REMEDIES (ARTICLE 32)

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Provides guaranteed remedy in the form of a fundamental right itself for enforcement of all the other fundamental rights. Supreme Court is designated as the protector of these rights by the constitution. Supreme Court has the jurisdiction to enforce the fundamental rights to issue even against private bodies and in case of any violation of fundamental right.

This right cannot be suspended, except under the provision of Article 359 when a state of emergency declared.

World Human Rights Day, 10th December 2012.

IF POLICE OR PRISON AUTHORITIES DO NOT RESPECT THESE RIGHTS TELL THE JUDGE IMMEDIATELY.

STUDENTS ISLAMIC ORGANISATION OF INDIA SOUTH MAHARASHTRA GLINT HOUSE, AHMED RAZA ROAD, SHAH BAZAR, AURANGABAD 431001. www.sio-india.org / www.mszone.sio-india.org Telefax:-0240-2337787 Email: - mahsouth@sio-india.org