What should you do when your fundamental right is infringed upon in India?

What should you do when your fundamental right is infringed upon in India? When your fundamental rights are infringed in India, the Constitution provides several remedies to seek justice. Here’s what you can do:

1. File a Writ Petition in Court

You can file a writ petition under Article 32 in the Supreme Court and Article 226 in the High Courts if someone violates your fundamental rights. Furthermore, there are five types of writs available:
– Habeas Corpus: If someone is unlawfully detained.
– Mandamus: To compel a public official to perform their duty.
– Prohibition: To stop lower courts from exceeding their jurisdiction.
– Certiorari: To quash an order passed by a lower court or tribunal.
– Quo Warranto: To challenge someone’s right to hold a public office.

2. Approach the Human Rights Commission

If the violation concerns human rights, you can approach the National Human Rights Commission (NHRC) or the State Human Rights Commission (SHRC). Therefore, these bodies can investigate violations and recommend corrective measures.

3. Public Interest Litigation (PIL)

You can file a PIL in the High Court or the Supreme Court under Article 32 or Article 226, especially if the violation affects a larger section of society. PILs are effective when the rights of weaker sections are at stake or when the matter impacts public interest.

4. File a Complaint with Police or Authorities

Also, if an individual or authority infringes your rights, you can file a complaint with the local police or the relevant authority responsible for the violation.

5. Legal Aid and Support

If you cannot afford legal assistance, you can seek help from Legal Aid Services provided by the government. Thus, the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSA) offer free legal services to marginalized and economically weaker sections of society.

6. Raise Awareness and Seek Support

Also, in certain cases, raising awareness through media, civil society, and social organizations can put pressure on authorities to address your grievance.

7. Compensation for Violations

If the court finds a violation of your fundamental rights, it may order compensation as a remedy, particularly in cases of wrongful arrest, detention, or other serious infringements.

By following these steps, you can seek legal redress and protect your fundamental rights. We hope that you got your answer to what you should  do when your fundamental right is infringed upon in India.

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