Is arrested person has some rights under Crpc?

   Rights of an arrested person under Crpc(code of criminal procedure)

              

              Our constitution provides some fundamental rights to every citizen of India like freedom of speech, freedom of life, freedom of education etc. There is a article in constitution article 21 which provide the liberty to a person no person shall be deprived from the personal liberty. So when a person get arrested he has some rights so that he can prove himself innocent. Every citizen is equal in the eye of law. Every person is innocent before the charge is proved. So when a person being arrested he would not call a criminal. He has many rights which is provided by crpc and constitution. So that "let a hundred guilty be acquitted, but one innocent should not be convicted". This maxim is a guiding statement for our law. 

There are the following rights of an arrested person

• Right to know
• Right to produce before magistrate concerned without any delay.
• Right to free legal aid
• Right to silence
• Right to know the substances of warrant.
• right to consult a legal practitioner
• Medical examination.
• Right to inform the family and friends.

Right to know:-  Person has right to know the ground of his arrest. This right is provided under article 22(1) of indian constitution which says" No person who is arrested shall be detained in custody without being informed,as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice". this right is also written in section 50(1). In this it is clearly written that a police officer should inform the person about the grounds on which the person is arrested.

Right to produce before magistrate concerned without any delay:-  This right is written under section 56 or 57 of crpc. Acc to section 56 An arrested person, arrest without warrant should be immediately produce before the magistrate.Acc to section 57 a person should not be detained more than 24 hours except a special order of magistrate under sec 167.  There is a case of 

Mohd. salim khan vs state of U.P :- The police did not submit charge sheet for 3 years and accused was in jail during these years. supreme court ordered that the accused to be released on bail on furnishing a personal bond.

Right to free legal aid:-  For a fair prosecution it is necessary that every person should have the right of free legal aid.  This right is written under section 50(3) of crpc. This section provide that "the person against whom proceeding are initiated has a right to be defended a pleader of his choice. This right begins as soon as the person arrested." Article 22(1) of constitution also states the right  of free legal aid.

 Right to silence:-  This right is written in article 20(3) of our constitution. It states" no person accused of an offence shall be compelled to be a witness against himself."  No one (a police officer or anyone) can induce a person to accept the charge. Right of silence is a right where accused can refuse to giving the answer before police. This right is a right against self incrimination.Because of this right magistrate have to take every step very carefully. He has to convince the person for telling the truth without any inducement.

Right to know the substances of warrant:- This right is written under the section 75 of crpc.When a person is arrested with warrant.The police officer or other person executing a warrant of arrest shall notify the substances thereof to the person to be arrested. It is the right of accused that he should have to know all the substances. He can also demand to show the warrant and if so required police officer shall show him the warrant and tell about all the substances.

Right to consult a legal practitioner :- In article 22(1) this right is stated that  he shall not be denied the right to consult, and to be defended by, a legal practitioner of his choice. Acc. to this right it is clearly stated that every accused when produced before the court, has a right of legal practitioner. Court is also provides free legal aid to the defendant because this is his right.

Medical examination:- It is the right of arrested person he can demand for his medical examination at any time so that he can prove himself not guilty. If the medical examination is necessary in the case or for the evidence it is the duty of the police officer or any other authorised person to do the accused examination by medical practitioner.

Right to inform the family and friends:- The arrested person has the right to inform his friends and relatives. It is also the duty of police officer to inform his friends and relatives.

So these all are the rights of an arrested person.

Is Domestic violence is second bigger problem in India after covid-19? How a woman can get out of this?

                               

                                               

Domestic Violence in India "A curse". How a women can get out of it ?

             During lockdown due to pandemic covid-19 cases of domestic violence are increased. In India Domestic violence is a bigger problem. Most of  the women had suffered from this at any stage of their life or suffering this now. Why most of the Indian women does not take a stand against domestic violence or why they does not speak openly about this. The answer is they are not aware about laws which are provided by our constitution to them. Even they does not know that what is the meaning of Domestic violence. In this article we will discuss the meaning of domestic violence. What remedies are available in IPC(Indian Penal Code) and Domestic violence act 2005. 

Meaning of Domestic violence:- In simple words Domestic Violence means abusing to a woman in her house(where she lived after her marriage with her in laws or husband) by her husband and her in law. This abused could be by different types like verbally, financially, sexually, physically etc. Even most of the women does not know that verbal abusing is also a domestic violence. Some are suffered this in their whole life and because of the continuous verbal abuse some also take steps like suicide or some lost their mental balance.

Domestic violence in IPC(Indian Penal Code) :- In our IPC(Indian Penal Code)for domestic violence word is used "cruelty". It is defined in section 498-A of IPC. This section is inserted in 1983. After the insertion of this section act of cruelty towards a woman is punishable offence. Detail of this section is as follow.

Cruelty means-

(i) Any wilful conduct on the part of the husband or his relative that drives the wife to commit suicide or grave injury or danger to life, limb, or health(whether meantal or physical) of the woman;

(ii) harassment or coercion of the woman to meet any unlawful demand for any property or other valuable security or is on account of failure by her or any person related to her to meet such demand. The punishment for cruelty to woman by the husband or his relative under this section is three years imprisonment with fine.

       This is the definition which is provided in our IPC. In this it is clearly written if a women's husband or her in law harass a women (verbally or physically) or demand any kind of dowry, due to this she commits suicide, or this harassment is dangerous to her health it would be comes under this section. Her husband and in laws will punished with three year imprisonment with fine. Our apex court in 2019 said A woman can file a dowry harassment case from the place where she has sought shelter after leaving her matrimonial home.It can be her parents home or anywhere where she sought shelter. Earlier women can only file cases where cruelty happens. 

Domestic violence act 2005:-

 This act is also enacted to protect the women from domestic violence. It was come into force on 26 october 2006.

• Meaning of Domestic Violence under this act.
• Types of abuses in this act.
• Who is aggrieved person.
• Which place you can call a share household.
• Who can give the information.
• Duties of service provider, Police officer, Protection officer when the report is file.

Meaning of domestic violence under this act :-  Any conduct of act by husband or in laws which is harmful to aggrieved person mentally                  

 or physically, or which threaten the aggrieved by any act which                            

 could be give a serious impact on her physically or mental condition,   

 or any unlawful demand of dowry or any kind of abuses which is

 injurious for woman physical or mental health.        

                                                                  

Types of abuses:- 

• Physical abuse:- Any act which cause physical pain, endanger life, impact on physical health of aggrieved. For eg hitting punches, pull the hairs, slapping.
• Sexual abuse:- Any sexual nature act which degrade the dignity of a women. for eg grabbing clothes of a women.
• Verbal or emotional abuse:- It means insult verbally by calling her name and abusing her continually. Emotional abuse is continually threat a woman which give a bad impact on her  health.
• Economic  abuse:- It means to stop all the financial resources to aggrieved person which is necessary for the aggrieved person and her children for their daily necessities.

Who is aggrieved Person:- Aggrieved person is that woman who is or has been in a domestic relationship with aggrieved person. She alleges the respondent of domestic violence.

A shared household:- A shared household is that place which is owned by husband or taken on rent by husband. It should be belongs to the joint family which the husband is member. there was a landmark case "S.R Batra vs Taruna Batra " in this case the house was belongs exclusively to the mother-in-law of mrs. batra. Husband and wife was lived together for some time there. court said that husband and wife can lived many houses like their aunt house uncle house etc so all can't be there shared household so this is not a shared household because it does not comes under the section 2(s) of domestic violence act 2005."

 

acc to section 2(s) " shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right ,title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household." 

  

Who can give the information:- Any person can give the information if he thinks that there is domestic violence is occured or being occurring. He could give the information to the concerned officer.

Duties of service provider, Police officer, Protection officer when the report is file:- After  receiving the report officer should inform the aggrieved person about her rights, what legal services are available for her, what is her legal rights, how she can file a case under section 498a of ipc (Indian penal code)
 

So these are the remedies which are provided by our indian law. A woman should aware of these all remedies and she should also aware that verbally abuse is also a type of domestic violence. In my opnion govt should run program in every area which can aware every women about her rights.

What our Indian Penal Code (IPC) said on suicide case, Burning case of Sushant Singh Rajput

Sushant Singh Rajput suicide case:-

                     As we all know Sushant Singh Rajput a film actor found dead in his room in Bandra apartment on June14. He was a talented actor and earned lots of name and fame. He showed his talent in movies like chhichhore, M.S Dhoni, Kai Po Che. He was a Patna born actor. Now the question arise why he taken this step. Police investigation is in underway. Post mortem report has been submitted by doctors at Bandra Police Station. The  reason of death in report is asphyxia due to hanging. We all are seeing that some of TV industries comes forward and stand for sushant singh rajput. They clearly said that there is a nepotism in industry. Maybe Sushant Singh Rajput would victim of nepotism or may be he cannot handle the pressure of Industry. What ever the reason would be but the reality is there was something wrong which Sushant cant handle.

     A senior lawyer Sudhir Kumar Ojha filed a case against filmmaker in Mazaffarpur court. The person who are mention in it are Karan Johar, Aditya Chopra, Sanjay leela Bhansali, Sajid Nadiawala, actor Salman Khan and Ekta Kapoor. He filed a case in section 306, section 109,section 504, and section 506 of IPC(Indian Penal Code).

Meaning of suicide:-

                        Before Knowing the detail of IPC sections we should understands the meaning of suicide. It built with two words SUI+CIDE. Sui means self and Cide means killing. Thus implying an act of self killing.

Detail of these sections are as follows:-

IPC(Indian Penal Code) section 306 :-

Abetment of suicide:-  This section is applied when there is a person abets other persom for do suicide and he will also go in prison extends for 10 years.  

According to IPC "If a person commits suicide whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may be extends to ten years and shall also be liable for fine."

As a written in this section it is clearly a serious charge. An accused would go into jail for 10 years.

IPC (Indian Penal Code) section 109:-

 Punishment of abetment:- In simple language this section is applied when the act of abetment (instigation to do a crime) by a person is committed with consequences of abetment but there is no provision for the punishment of such abetment then the person should be punished with the punishment provided for the offence.

Abetting of suicide is a non bailable offence.

According to IPC  "Whoever abets any offence shall, If the act abetted is committed in consequence of the abetment and no express is made by this code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation - An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment."

IPC(Indian Penal Code) section 504:-

 Intentional insult with intent to provoke breach of the peace:-     Its meaning in simple word is if a person intentionally insult someone which could be reason to break the public peace, or because of this insult other person commit any offence, could be charged under this section. He shall be punished of imprisonment which may extend to two years or fine or both. This is a bailabe offence.

According to IPC  " Whoever intentionally insult, and thereby gives provocation to any person,intending or knowing it to be likely such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or both". 

                                 

IPC(Indian Penal Code) section 506:- 

Punishment of criminal intimidation :-  In simple language if someone intimidate other he shall be punished for imprisonment for 2 years or fine or both. But if the threat is cause to death or grievous hurt he could be imprisonment for life and if he impute on chasity of a woman he shall be punished which extend to 7 years or fine or both. This is a bailable offence but there is an exception of this it can be non bailable in some cases because in this section offence is divided into two parts.

 According to IPC :-" Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two year, or with fine, or with both; If threat to cause death or grievous hurt, etc - And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punsihable with death or [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchasity to a woman shall be punished with imprisonment of either description for a term which may extentd to seven years, or with fine, or with both ".

News on India China Border : Deadly clash on India China Border.India China treaty (1993, 1996, 2013)

 News on India China Border:-

 Deadly clash 20 Indian soldiers martyr , Terms and condition of treaties (1993,1996,2013) between India China  

                                                     

      

 Clashes on China India border:-

                                   On Monday night there was deadly clash. In this clash our 20 soldiers are martyr. There were always small clashes on India China border But This type deadly clash was happened after 45 year. In 45 year this type of deadly clashes was never happened. India China govt. signed many treaties like 1993,1996,2013 to maintain the peaceful and tranquility enviornment on LAC( Line of Actual Control).But time to time china breaks this treaty as the result of this, this type of clashes happens on border. 

On this clash our Prime Minister Narender singh Modi writes in his tweet.

" I assure the country that our soldier sacrifice will not go in vain. For us our country integrity and  sovereignty is supreme. No one can stop us to save it."

Our Defence minister Rajnath singh tweets   

  "The loss of soldiers in Galwan is deeply disturbing and painful.Our soldiers displayed exemplary courage and valour in the line of duty and sacrificed their lives in the highest traditions of the Indian army."

 Now we will see what the main points in these treaties are . So That we can understand what are the conditions which both countries has to follow.

Treaties of india china border:-

       To maintain the peaceful and tranquility environment on LAC( Line of Actual Control) India China signed treaties on 1993, 1996,2013. Key points of these treaties are as follow:-

India China Treaty 1993 :-

It was signed on 7th sep 1993. Summary of main points of this treaty are as follow:

• The two sides shall respect the LAC(Line of Actual Control). Any personnel will not cross the LAC. In case of cross of LAC by a personnel they shall immediately pull back to the own side.
• The two sides agree to reduce their military force along the LAC.
• Neither side shall do the military exercise. each side shall give the prior notice of military exercise of  specified level near the LAC.
• In case of any problem both sides shall deal with mutually and friendly consultation.
• Both sides shall also consult on possible restrictions on air exercise in area to be mutually agreed near the LAC.
• Two sides reduce the military force to maintain the peace and tranquility.
• Both sides shall appoint diplomatic and military experts to formulate implementation measure for the presents agreement.

India China Treaty 1996 :-

       It was signed on 29 November 1996. Summary of main points of this treaty are as follow:

• Neither side use its military capabilities against the other side. No army forces threaten the other side force by attacking.
• Both sides strictly respect the LAC. No activites of either side shall overstep the LAC.
• Both side reduces the no of field army, Border Defence Force, Paramilitary Force and others.Both side decide the limit of forces armaments to be kept by each.
• Both side avoid holding large scale military exercise involving more than one brigade (app 1500 troops).
• Combat aircraft (include figther, bombery, military trainer)can not fly under the 10 km area of LAC. If it does so it shall give the information about combat like type, number,height, proposed duration,timing etc to other side. But unarmed can be fly.
• Neither side shall open fire, blast operation, hunt operation within 2km area. If there is a need to do they have to inform the other side. But always precaution shall be taken that no bullets or missile can accidently fall on the other side.
• To strengthen exchange and co-operation between the military force both sides agree to maintain and expand the regime of scheduled and flag meetings between the borders.
• In unavoidable circumstances like natural disaster, personnel should cross the LAC and inform their side as soon as possible of  crossing.
• In any doubt regarding LAC either sides has right to seek a clarification from other side.

 India China Treaty 2013 :-

It was signed on 23 oct 2013. Summary of main points of this treaty are as follow:-

• Two sides shall carry out border defence communication on the basis of their respective laws and relevant bilateral agreement.
• Both sides shall implement border defence co-operation in the ways like exchange information about military exercise ,aircrafts, demolition operation,and unmarked mine. Jointly combat smuggling of arms, wildlife, work with other side in natural disaster or pandemic etc.
• Border defence co-operation visualised in this agreement shall be implemented through flag meetings,Periodic meeting etc.
• Both sides may establish border personnel meeting in all sectors for implementing border defence co-operation.
• To enhance co-operation between border defence force  of two side each may invites other side on festival major national or military days.
• The two side agree that they shall not follow or trail patrols of other sides in area where there is no common understanding of LAC in India China border.
• The two sides agree that if the border defence force of two sides comes to face to face situation in area where there is no common understanding about LAC, Both sides shall exercise maximum self restrain, refrain from any provocation action, not use of force or threat to use of force.

     These all are the summary of keypoints of all treaties. In all these treaties it is clearly written no one can use force or threat to use the force, they shall not follow or trail patrols of other sides in area. If a personnel cross of LAC they shall immediately pull back to the own side. But this all conditions are break by china. So that it creates tensions on border. For the removal of this tension many high level meetings are conducted. But there is no proper result comes out yet.

Supreme Court issues notice to centre government on plea to transfer the PM care fund to NDRF

                                  

         

Supreme court recieve a PIL(Public Interest Litigation) for transfer the fund from PM care fund to NDRF(National Disaster response fund). This PIL is filed by the Parshant Bhushan. Petitoner advocate was senior advocate Dushyant Dave. They seeks for setting up a national plan which is according to the sec 10, and section 11 of Disaster Management 2005.

                        

   NDRF(National Disaster response fund) is not utilised by any authority. The PM care fund is outside the scope of DM. because of this there would not be clearly transparency.Covid-19 is a pandemic and it comes in the combit of DM. So if all fund would transfer than NDRF can more efficiently assist the govt.

      

 Dave said "The matter is overlooked by the Government. The national is suffering immediate intervention of the supreme court is required."

     

 After hearing all the matter Bench of Judges,Justice Ashok Bhushan,S K Kaul and Mr. Shah, issued a notice to center government for reply and submit an affidavit. 

 

Next hearing would be after 4 weeks.

 

PIL(Public Interest Litigation) meaning, Origin of PIL and Who and How to file a PIL

        

Meaning of PIL (Public Interest Litigation) :- 

                                                    

         Citizens of India who are aware of every things  happening around and always concern about the enviornment, child welfare, other people health etc. Our courts give them the power of PIL(Public Interest Litigation) through judicial activism.In simple words PIL is to secure the public interest and provide the availability of justice to socially disadvantages parties.PIL can be filed in supreme court and high court. It is filed when large number of population affected from a particular task like pollution,child labour,road safety,terrorism,construction hazards etc.

                              It is not defined in any act. It has been interpreted by judges to consider the intent of public at large. In PIL, matter should not be private. only those matter are to be considered by court which are public interest. Court will take only that petition  when a number of people are interested.The PIL is suited to the principle write in Article 39A of constitution of india.

Origin and History of PIL(Public Interest Litigation):-

                                            

            The term PIL originated in the US in the mid 1980.Since the 19th century various movement in that country had contributed to public interest law, which was part of the legal aid movements.The first legal aid office was established in new york in 1876. In the 1960 the PIL movements began to recieve financial supports.This encouraged lawyers and public spirited person to  fight against danger to enviornmental and public health and exploitation of counslers and weaker section .

    

    In India the first PIL case was filed in the year 1976- MUMBAI KAAMGAR SABHA VS ABDULBHAI FAIZULLABHAI. This case was the seed of PIL in India. In this case first time concept of PIL was come to notice by court. But the landmark case of PIL was  in 1986 in M.C. MEHTA VS UNION OF INDIA . This bench is head by P.N. Bhagwati. In this case supreme court of india is defined the term PIL (PUBLIC INTEREST LITIGATION). P.N. Bhagwati is also known as the father of PIL.

There are also some other landmark cases like:-

• HUSSAINARA KHATOON VS STATE OF BIHAR in 1979

• JAVED VS. STATE OF HARYANA 2003.

Who can file PIL (Public Interest Litigation):-

                                          PIL can be filed by any individual, organisation, NGO. but the matter should be public interest not private interest. It is not necessary that a person file the PIL should directly effected in this Public Interest Litigation. he can also file PIL on the behalf of group of people who are effected from this. but before apply you should have to fully knowledge about the facts and matter. 

How we can file a PIL (Public Interest Litigation):-

                                PIL (Public Interest Litigation) can be filed in supreme court or high court. You can argue your case by your own. But  if you want to argure your case by own be prepared for put the facts before the court more efficently and clearly. So it is always advicable you should consult with a lawyer.

Once the PIL copy is ready to e filed in the High Court, then submit 2 copies of the petition to the court. 

# Along with this, one copy of the petition needs to be served to the respondent in advance. This proof of the serving the petition copy to the respondenthas to be affixed in the petition.

#If the PIL is filed in the Supreme Court, Then Five copies of petition need to be submitted to the court. Respondent is served with the petition copy when the court isuues the notice regarding the same. The fee of file a PIL is just rs. 50. However the total cost can be vary from place to place and cost is also depend on advocate fee.

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• The state secure that the operation of the legal system promote justice, on the basis of equal opportunity,and shall, in particular provide free legal aid,by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39a) .

 MUMBAI KAAMGAR SABHA VS ABDULBHAI FAIZULLABHAI

In this case A locality of nagdevi was situated in bombay. In this locality number of small busines was run. Employer give always bonus to their employees. but after a time employer stop give bonus to their employees. because of this  union of mumbai employees filed  suit against the Employer for the Custom bonus. but court held that this was a custom bonus and custom bonus is not defined in the bonus act. so employees have no right to get a bonus. In bonus act only profitable bonus defined. but this is a custom bonus. And second most important statement from court is that because this is a matter of many workers so Union can file a suit. Although union is not employee itself. but it represent group of workers. so this case waz the starting point of PIL. because in Pil also one person or some person files a litigation for a big group of person. 

M.C. MEHTA VS UNION OF INDIA 

 In this case, units of sri ram industries was located in delhi. There was a leakage in oleum gas was happened in 1985 which cause an advocate death and hazradeous for the life of many citizen. M.C Mehta file a PIL aginst the Sri Ram Industries and demand for the closure of that unit. This was a a landmark case where court define the PIL. It is the duty of court to protect the fundamental rights of our citizens. According to article 32 and article 226 our constituion gave the rights to every citizen to move to the supreme court for seeking the justice and empowers the supreme court to issue direction order and writs for enforcement of fundamental rights and legal rights. For the protection of people health from this hazradeous envionment court gave guideline to all industries how they can run their units in busy area and if the units is dangerous for health of people they have to shut down that unit. and also shifts many units from one area to another.

HUSSAINARA KHATOON VS STATE OF BIHAR in 1979
    In this case petition was filed by Kapila Hingorani. This petition was filed for the condition of prisoners in Bihar jail. Many undertrial prisoner are in the patna jail, ranchi cental jail, muzaffarpur cental jail. This petition was filed with the name of Hussainara Khatoon thats why this case was called Hussainara Khatoon vs state of bihar case. In this case supreme court take considered the article 12 and article 39A of indian constitution and passed order to release prisoners because their detainment is illegal it is the voilation of fundamental rights of a citizen which are provided in article 12 of indian constitution. Result of this 40000 prisoner were released and for the remaining prisoners court give the orders to authorities to provide them free lawyers. Because it the right of a citizen and it is also given in article 39A of Indian constitution.

• JAVED VS. STATE OF HARYANA 2003

    State of haryana govt passed an order people who have more than two child can not hold the public offices in punchayat raj systems. Main objective of this condition to popularize the famly planning system. So a writ was filed in court against this law and speaks about the law that this is violation of the fundamental rights  of a person.In this case court found that law is not violate the article 25. Court mainly emphasis on the increasing of population of india dramatically. So it is necessary to control the population. This law is not violate any fundamental right. Because standing in the election is not a fundamental right.

  

Migrant labourer and their fundamental rights during covid- 19 panademic

                                             

              In last 3 month we see the poor condition of migrant labourer. They are the real victim of this lockdown. But the question is arise Covid-19 is a pandemic so lockdown is necessary for the country to save the people so in that condition what we could do for them.On 24th march 2020 our prime minister ordered a nationalwide lockdown. it was ordered that every person must be stay at home.But there are large part of poplulation of india who survive on their daily basis income. They started left their houses and walked towards their native places which was 100 miles far. there were a very touching scenes on the roads. Labourer walked with their small kids with hungry stomach.Some women are pregnant. But they want to go their native place at any cost. Some govt. officer trying to stop them and told them to no to go but they dont want to listen and only want to go their home.They said "Hunger will kill us before corona". This was also true because they earn daily and depend on their daily income. On their ways many sadly incidents were also happened.We also seen some labourer were trying to go their places in trucks. Because they dont have any option. Some are killed in these truck accident.16 migrants are found dead on railway tracks.This pathetic condition of our labourer is the shame of our society. No one will forget these days .

A Big Question- Why This Situation is Arise ?

           Mostly migrant labourer are comes from the hindi speaking belt like uttar pardesh, bihar, Madhya pardesh. They not knows their rights. Beside their legal rights as a labourer they first have the fundamental rights which is provided by our constitution to all the citizens of india.According to that every person has a right to live with dignity, right to freedom, right to equality.Goverments of states are also failed to save their rights . There are no programs run by goverment which can aware labourer about their rights. But there are some legal provisions regarding labourer and laws like labour law.

Legal Provisions regarding migrant labourer:-

According to fundamental rights and directive principle of state policy of indian constitution, it is the responsibility of state to grant the citizen both men and women, the right to adequates means right of livlihood, equal pay of equal work,protection against abuse and exploitation of workers, protection of their health, live with dignity and protection of child etc. Beside there are many act like trade union act 1926, Minimum Wages act 1948,Industrial Dispute Act 1949, Industrial Dispute Decision Act 1955 etc. All these types of law are presented in India . But on this situation nothing was work. 

   In july 2019 the Occupation Safety , Health And Working Condition Code was introduced in Lok Sabha. It replaces 13 labour laws like relating to safety ,health and working conditions. These Laws relating to Factory Act 1948,Mines Act 1952,Docks worker Act 1986,Contract Labour Act 1976, Interstate migrant worker Act1979.According to this code establishments is required to obtain a licence and those wo has not done so , the the migrant labour so engaged through the contractor , shall be deemed to be employee by the principal employer. 

        So if there are many laws then why they are not implemented properly.If the contractor is licenced then why he did not give dislocation allowance to them because of all of this migrant labourer are helpless and start go to their native area on their feet.

    Because of all of this many PIL(Public Interest Litigation) were filed to the Supreme court for to pay attention to the labourer .

   On 26 may 2020 the apex court is issued notices to the central, states and Union territories,seeking replies on step taken to "redeem the miseries of migrant labourer" 

  On 5 june 2020 A bench of justice Ashok Bhushan,SK Kaul and Mr. shah reserved its order on SUO MOTU petition saying its intends to give 15 days to centre and state govt for sending to native places the all migrant workers.

                  NHRC(national human rights commission) filed a plea through Deputy Registrar Sunil Arora for consideration of Apex court in order to Alleviate the plight of migrant worker to ensure that their human rights are not voilated.

     SC  allowed NHRC to intervene in the case related to plight and miseries of standard worker due to pandemic induced national wide lockdown.

      So at last there are many laws present in indian constitution which are very helpful for migrant labourer but the problems is there implementation. Goverment duty is not only to make a new law but applied these laws more efficiently and strictly. Goverments has to run programs for the migrant labourer so that they can aware of their rights and in future we would not seen this pathetic condition of labourer in any situation. they are the pole of our economy. We can not leave them this way. Because of them our economy run smoothly.