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Home Search results for "fundamental rights"

Guide to Lawful Protesting

By mayank | Guide | 0 comment | 18 January, 2021 | 3

Download PDF version of this Guide How can this guide help you The Guide to Lawful Protesting helps you understand your right to protest as a citizen and empowers you with the knowledge of how to carry out lawful protests, steps to follow to take necessary permissions from the police or other relevant authorities, and your rights as a protestor. readRead more

Offline RTI Application

By mayank | Guide | 0 comment | 6 January, 2021 | 0

How can the guide help you?   The Nyaaya Guide on Applying Offline under RTI provides applicants with the steps to take when seeking information under the Right to Information Act, 2005. This guide summarises the processes involved in filing an RTI application offline, appeals against certain authorities’ decisions, as well as complaint mechanisms forRead more

Online RTI Application

By mayank | Guide | 0 comment | 4 January, 2021 | 1

How can the guide help you? The Nyaaya Guide on Online RTI Applications provides applicants with the steps to take when seeking information under the Right To Information Act, 2005. This guide summarises the processes involved in filing an RTI application online, appeals against certain authorities’ decisions, as well as complaint mechanisms for any onlineRead more

Payment for filing writ petitions

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 2

Supreme Court For writ petitions except habeas corpus, the court fee is Rs. 500 1. However, if the writ petition is filed in a criminal case, then no court fee is required2.  High Court The court fee varies for different High Courts. Information on the court fee for individual High Courts can be found onRead more

How to file a writ petition online?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 2

1. Go to the website of the Supreme Court of India here.  2. Click on the E-FILING menu below the HOME menu.  3. On the extreme right hand corner of the page, click on ‘New Registration’ if this is the first time a petition is being filed. If registration has already been done, proceed toRead more

How to file a writ petition offline?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 2

Obtain form for filing writ petition A person seeking to protect their fundamental right can file a petition before the appropriate court i.e., Supreme Court or a High Court. The petition should be filed in the prescribed form as given by the particular court. The prescribed format for a writ petition in the Supreme CourtRead more

Who are the authorities for seeking constitutional remedies?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 0

A person can file a writ petition before the Supreme Court of India or concerned High Court of that state to enforce their fundamental rights. The Supreme Court has the power to provide constitutional remedies to any person whose fundamental rights need to be protected. The right to seek constitutional remedies before the Supreme CourtRead more

Who can apply for constitutional remedies?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 0

Any aggrieved person whose fundamental rights have been violated can avail constitutional remedies by filing a writ petition before the Supreme Court or the High Court1.   For habeas corpus 2 and mandamus 3, people other than the aggrieved person can also file a petition to seek a particular remedy.  It is important to understand thatRead more

What are the limitations in getting constitutional remedies?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 2

If someone files a writ petition before a High Court for a particular matter, they cannot file another petition seeking relief under the same writ before the Supreme Court1.Though there is no specific time limit for filing a writ petition, the Supreme Court or High Court can refuse to grant relief to a petitioner ifRead more

What are the different types of constitutional remedies?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 4

There are five kinds of constitutional remedies available1. These are: Habeas Corpus  The term ‘habeas corpus’ literally means ‘produce the body’. In this context, it refers to a direction from a court to bring a person before the court. If a person is illegally restrained and deprived of their liberty, a writ petition for habeasRead more

What are constitutional remedies?

By Nyaaya | Constitution, Constitutional Remedies | 0 comment | 23 December, 2020 | 2

The Constitution of India, 1950 grants certain rights to the citizens of India. If these rights are violated, citizens should also have the right to enforce them or remedy the violation. The Constitution provides for certain remedies that people can use to enforce their fundamental rights. A person can file a writ petition before theRead more

Complaining/ Grievances Regarding Child’s Education

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 2

If you face any grievance or you have a complaint regarding the education of a child, you can approach the following authorities: Students/Parents/Any person Any person, including parents, can file a complaint with: Local Authorities  Complaints can be made to Gram Panchayat or the Block Education Officer. The Block Education officer is in charge ofRead more

Free Meals for Children in Schools (Mid-day Meal Scheme)

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 2

The law provides that all students between the ages of six to fourteen years who enrol and attend the school studying between I to VIII classes shall be entitled to nutritious meals at no cost. The funds for such meals shall be provided for by the state government. However, implementation of the scheme and monitoringRead more

Qualifications of Teachers

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 2

The National Council for Teacher Education prescribes the qualifications for teachers in India. One of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government.  Other than this,Read more

Education for Children Belonging to Disadvantaged Groups

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 2

It is the duty of the government and the local authorities to ensure that children from disadvantaged groups are not discriminated against and are able to complete their elementary education. Parents of children belonging to disadvantaged groups should get representation in the School Management Committees in proportion of the number of such students enrolled. 1Read more

Education for Dropouts/Never Been to School

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 3

A child who is older than 6 years and has never gone to school or a child who is older than 6 years and has gone to school but dropped out before completing class 8 have some rights under the right to education law in India such as1: These children will be admitted to aRead more

Detention Policy

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 3

A regular examination is conducted in the fifth class and eighth class at the end of each academic year. 1 If a child fails an examination conducted, he/she is provided with additional instruction and granted an opportunity for re-appearing for the examination within two months from the declaration of the result. 2The students may beRead more

Curriculum and Evaluation Procedures in Schools

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 3

Each state government has specified various academic authorities that have laid down the curriculum and evaluation procedures. These could be the State Council of Educational Research and Training (SCERT) or other academic institutions of the state.For example, the Delhi SCERT and the Uttarakhand SCERT are responsible for the curriculum in their respective states. The stateRead more

Responsibilities of Schools

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 3

Norms and Standards to be followed by schools The right to education law prescribes that the Pupil-Teacher Ratio should be maintained at 30:1 for first class to fifth class and 35:1 for sixth class to eighth class.1 It also provides that there should be2: At least one classroom for every teacher Separate toilets for boysRead more

Denial of Admission into Schools

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 4

No child can be denied admission to a school1, irrespective of the time in the academic year in which admission is sought. Ideally, all children should be enrolled in school at the beginning of the academic session. However, schools may need to be flexible to allow admission at any time during the session. Special TrainingRead more

Different Categories of Schools

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 2

The schools given below have the responsibility to make provisions for free and compulsory elementary education of children. Schools established, owned or controlled by the government or a local authority Such schools have a responsibility to provide free and compulsory education to all children admitted. For example, schools run by the New Delhi Municipality CouncilRead more

Admission Process into Schools

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 4

All children between the ages of 6 to 14 years can get education from schools, free of cost,  from the 1st standard (first class) till the 8th standard (eighth class). Approach the Neighbourhood Schools Children can attend classes in neighbourhood schools. These neighbourhood schools are schools established within a walking distance of: one kilometre fromRead more

Free and Compulsory Education

By Nyaaya | Community and Citizenship, Free and Compulsory Education | 0 comment | 15 July, 2020 | 4

The Right to Education is a fundamental right guaranteed under Article 21A of the Constitution of India, 1950. 1 The law guaranteeing the right to education is known as the Right of Children to Free and Compulsory Education Act, 2009. Every child between the age of 6 to 14 years, that belong to disadvantaged groupsRead more

Sources of Noise Pollution

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 5

Noise pollution is largely a by-product of industrialisation, urbanisation and modern civilisation. Noise pollution has two sources1 i.e. industrial and non-industrial. The industrial source includes the noise from various industries and big machines working at a very high speed and high noise intensity. Non-industrial source of noise includes the noise created by transport/vehicular traffic andRead more

Effects of Noise Pollution

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 5

Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. Given below are some of the adverse health effects of noise pollution:1 Hearing Loss Hearing loss can be either temporary or permanent. Noise-induced temporary threshold shift (NITTS) is a temporary loss of hearingRead more

Loudspeakers and Public Address System

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 2

Loudspeakers and public address systems are a common source of noise pollution in India. To play loudspeakers, public address systems, amplifiers or other equipments you need written permission from local authorities. 1 The police and local government authorities will seize and confiscate such equipment if it causes noise. 2 The noise level where loudspeaker orRead more

Noise From Vehicles

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 2

Vehicles are a common source of noise pollution in India. You can be fined1 if you misuse your vehicle horn by sounding the horn: In a silent zone2 Needlessly or continuously in a manner which is more than necessary to ensure your or others’ safety During night time (10 p.m. to 6 a.m.) in residentialRead more

Filing A Noise Complaint

By Nyaaya | Health and Environment, Noise Pollution | 5 comments | 21 May, 2020 | 4

If any noise is being made which causes you annoyance, discomfort or any injury, then you can file a complaint with the authorities given below. You can also complain if you know that the noise1 level has exceeded the noise standards by 10 dB(A) in any area or there is noise pollution that happens atRead more

Punishment for Noise Pollution

By Nyaaya | Health and Environment, Noise Pollution | 1 comment | 21 May, 2020 | 2

Causing noise pollution is a punishable offence under the law. The punishment is: Causing Public Nuisance Creating noise is considered to be a public nuisance when you cause any injury, danger or annoyance to the public. 1 For example, if your neighbour plays a sound system at midnight very loudly, then this is a publicRead more

Zone-wise Noise Standards/Limits

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 2

Every State Government categorizes areas into the following zones, to which specific zone-wise noise standards/limits apply: Industrial Commercial Residential Silence areas/zones Development authorities, local bodies and other authorities while planning a developmental activity or carrying out functions relating to town/country planning have the responsibility to avoid noise menace and maintain noise standards/limits.1 For example, theRead more

Silent Zone

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 2

An area comprising not less than 100 meters around hospitals, educational institutions and courts are known as silence areas or silence zones.1 In a silent zone you cannot2: Use a public address system Play any music Raise any sound amplifiers Beat a drum or tom-tom Blow a musical or pressure horn, or trumpet or PlayRead more

What is Noise Pollution

By Nyaaya | Health and Environment, Noise Pollution | 0 comment | 21 May, 2020 | 2

Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution1 as well as a public nuisance1. Noise at such levels may be injurious to human beings, living creatures, plants, property and the environment2 The law known as the Noise Pollution (Regulation And Control) Rules, 2000Read more

Right to Information

By Nyaaya | Mental Health | 0 comment | 12 May, 2020 | 2

Every person with mental illness and their nominated representative have the right to information from the mental health professional. This includes the following information1: Law on persons with mental illness under which the person has been admitted Criteria for admission in a mental health establishment Right to make an application to the Mental Health ReviewRead more

Right to Equality and Non-Discrimination 

By Nyaaya | Mental Health | 0 comment | 12 May, 2020 | 1

Every person with mental illness has a right to equality and non-discrimination including1:  No discrimination against a person with mental illness on any basis. This includes reasons such as gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class or disability Emergency facilities and services  of good quality, and  of the same qualityRead more

Restrictive Terms in Contract

By Nyaaya | Employment Contract, Work and Employment | 0 comment | 2 August, 2019 | 1

There may be restrictive terms mentioned in your contract. In India, you have a fundamental right to practice any trade, profession or conduct any business. However, this is not an unlimited freedom. You will find certain clauses or terms in your agreement that in some way restrict you to a certain degree from carrying onRead more

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Nyaaya - India's Laws Explained
  • Explainers
    • Constitution
      • Fundamental Rights
        • Right to Education
        • Right to Life
        • Constitutional Remedies
    • Discrimination
      • Healthcare for LGBTQ+ Persons
      • Identification Proof for LGBTQ+ Persons
      • Manual Scavenging
      • Scheduled Caste & Scheduled Tribes
      • Violence Based on Gender Identity and Sexual Orientation
    • Family
      • Adoption
      • Care for Parents and Elderly
      • Child Marriage
      • Domestic Violence
    • Government and Politics
      • Unlawful Activities (Prevention) Act
      • 48 Hours Before Elections
      • Anti-Corruption
      • Armed Forces (Special Powers) Act
      • Campaigning and Elections
      • Identification Proof
      • Legal Aid
      • Right to Information
      • Sedition
      • Voting and Elections
    • Health and Environment
      • Water Pollution
      • Air Pollution
      • Abortion
      • Contraceptives
      • COVID-19
      • Drugs and Narcotics
      • Euthanasia
      • Mental Health
      • Noise Pollution
      • Patient Rights
      • Sex Selection
      • Smoking
    • Marriage and Divorce
      • Annulment of marriage
      • Christian Marriage
      • Divorce for Muslim Marriages
      • Divorce for Hindu Marriages
      • Dowry
      • Hindu Marriage
      • Inter-Religious Marriages
      • Muslim Marriage
    • Media and Communication
      • Censorship
      • Defamation
    • Money and Property
      • Land and Property Disputes
      • Using Your Property Effectively (Buying & Selling)
      • Consumer Rights
      • Cheques
      • Income Tax
      • Online Bank Fraud
      • Rent
      • Theft
      • Will
    • Police and Courts
      • Arrest
      • Bail
      • Children accused of Crime
      • Contempt of Court
      • First Information Report (FIR)
      • Traffic Fines
    • Violence and Abuse
      • Acid Attack
      • Online Abuse
      • Ragging
      • Rape
      • Sexual Abuse of Children
      • Sexual Crimes
    • Work and Employment
      • Child Labour
      • Employment Contract
      • Maternity Benefit
      • Professional Ethics
      • Sexual Harassment at the Workplace
      • Wages
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Andhra Pradesh

Girl Child Protection Scheme

The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

  • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
  • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
  • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

More information on this scheme can be found here.

Bangaru Thalli Scheme

Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

Assam

Manjoni Scheme

Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

More information on this scheme can be found here.

Bihar

Mukhyamantri Kanya Suraksha Yojana

Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

  • At birth: Rs 2000
  • Age 1 upon issuance of Aadhar card: Rs. 1000
  • Age 2: Rs. 2000
  • Passing 12th grade: Rs. 10,000
  • Graduation: Rs. 25,000

These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

Goa

MAMTA scheme for girl child

With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

There is an online application for this scheme. More information on this scheme can be found here.

Gujarat

Kunwarbai Nu Mameru Yojana

The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

More information on this scheme can be found here.

Haryana

Laldi Scheme

The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

More information on this scheme can be found here.

Himachal Pradesh

Indira Gandhi Balika Suraksha Yojana

Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

Beti Hai Anmol Yojana

Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

More information on this scheme can be found here.

Jammu and Kashmir

Ladli Beti Scheme

Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

More information on this scheme can be found here.

Jharkhand

Ladli Lakshmi Yojana

Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

Karnataka

Karnataka Bhagyashree Scheme

With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

  • The girl child gets a health insurance cover of upto Rs. 25,000 per month
  • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
  • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
  • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

Kerala

Education Assistance to Women Headed Families

The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

More information on this scheme can be found here.

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