‘Ignorantia juris non excusat’. The mistake of law, in the Indian context, is not an excuse one is permitted to use in the courts of justice to get away with a crime. It thus becomes all the more pertinent that one is well versed in law, especially with regards to the rights and duties that pertain to and befall one.

We as citizens are continually told about our fundamental rights and duties laid out in the Indian Constitution from the media that surrounds us. However, mere knowledge of the existence of Article 21 or that of equality before the law and equal protection of the laws to all persons does not make one an ‘informed citizen’. It becomes equally vital to understand what these fundamental rights and duties essentially signify and furthermore, what other legal and constitutional rights are guaranteed to everyone by the statutes and the Constitution, respectively.

The below mentioned, thus, is an attempt at acquainting the readers with some of the lesser known and discussed about rights that they hold, with the aim that such acquaintance would be met with the reader’s own research for a better grasp on the subject matter.

1. The Right to free legal aid: falling under the purview of Article 21 and enforceable under Section 304 of the Code of Criminal Procedure and other pieces of legislation, this right ensures the administration of natural justice by way of providing legal aid to those lack the sufficient means to engage legal aid by themselves.
2. Right to emergency medical aid and the Right to timely medical aid in a government hospital: in case laws such as Consumer Education And Research Centre v. Union Of India[1], and Paschim Banga Khet Mazdoorsamity of Ors. v. State of West Bengal & Anr.[2], the Hon’ble Supreme Court has time and again upheld the above mentioned rights as falling under the purview of Article 21 and further of it being the constitutional obligation of the state to provide medical aid to preserve human life.
3. Rights of parents to be maintained by children: Section 125 of the Code of Criminal Procedure and Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ensure that all parents and senior citizens unable to maintain themselves are provided for so as to lead a normal life.
4. Right to a speedy trial: another fundamental right falling under the purview of Article 21, this right shares roots with the right to a fair, just and reasonable trial.As has been stated in the case law of Sheela Barse v. Union of India[3], “If an accused is not tried speedily and his case remains pending before the Magistrate or the Sessions Court for an unreasonable length of time, it is clear that his fundamental right to speedy trial would be violated unless, of course, the trial is held up on account of some interim order passed by a superior court or the accused is responsible for the delay in the trial of the case…”

5. Rights relating to Police officers: According to Section 29 of the Indian Police Act of 1861, a police officer may be penalised for omission of duty resulting in misconduct. Furthermore, as per section 166A of the Indian Penal Code, police officers cannot deny the filing of an FIR against a cognizable offence, the denial to file the same can result in the imprisonment of the police officer which may extent up to 2 years.
6. Right to shelter and suitable accommodation: The right of a citizen to claim access to a reasonable accommodation was iterated as being a prominent segment of the umbrella Article 21 and springing from right to residence provided under Article 19(1)(e) by the Hob’ble Apex Court in P. Avas Evam Vikas Parishad v. Friends Coop. Housing Society Ltd.[4].
7. Right against wrongful restriction and wrongful confinement: Sections 339 and 400 of the Indian Penal Code respectively provides that if a person has a right to proceed in a particular direction, no one can voluntarily restrain the former from proceeding in said direction or, from preventing said person from proceeding beyond circumscribing limits.
8. Women’s’ inheritance rights: since the amendment made to the Hindu Succession Act, 1956 in 2005, women have retrospectively been held entitled to an equal share in the ancestral property, ensuring parity with the male heirs.
9. Right against self-incrimination: Article 20(3) provides immunity to an accused from testifying against oneself in the court of law. It ensures that ‘no person accused of any offence shall be compelled to be a witness against himself’.
10. Women’s’ arrest rights: Section 46(1) of the Code of Criminal Procedure provides that only a female police officer shall touch a woman upon making her arrest if the circumstances so require. Further, Section 46(4) of the Code states that except in exceptional circumstances, no woman shall be arrested after sunset and before sunrise and that, in said exceptional circumstances, a female police officer is to make a written report and obtain prior permission of the Judicial Magistrate First Class under whose jurisdiction the offence is committed or the arrest is to be made.

11. Lesser known rights concerning the Motor Vehicles Act, 1988: as made clear in response to an RTI filed by an advocate, a police officer, irrespective of rank, cannot take away the keys out of the ignition of a vehicle and doing the same is against the law.
12. Right to privacy: the Hon’ble Apex Court has time and again ruled that the right to privacy is a fundamental right falling under the purview of Article 21 and being an essential element of ‘personal liberty’.

[1] Consumer Education And Research Centre v. Union Of India, AIR 1995 SC 922

[2] Paschim Banga Khet Mazdoorsamity of Ors. v. State of West Bengal & Anr., (1996) 4 SCC 37

[3] Sheela Barse v. Union of India, (1995) 5 SCC 654

[4] U.P. Avas Evam Vikas Parishad v. Friends Coop. Housing Society Ltd., 1995 Supp (3) SCC 456

AUTHOR: MS. ARCHI JAIN, STUDENT OF AMITY UNIVERSITY MADHYA PRADESH.