When Charter Violations Ignore Your Rights, What Can You Do?

Imagine being denied your right to protest peacefully or having your privacy invaded without due process. These aren’t just unfortunate incidents they’re serious Charter Violations that strike at the heart of your fundamental rights.

In India, where constitutional rights are embedded in the fabric of democracy, such violations can and should be challenged. This guide explains the legal avenues available to hold government agencies accountable, especially for violations impacting human rights and fundamental freedoms.

Understanding Charter Violations Under Indian Law

In the Indian context, Charter Violations refer to breaches of the Fundamental Rights guaranteed under Part III of the Constitution of India, including:

• Article 14: Right to Equality
• Article 19: Freedom of Speech and Expression
• Article 21: Right to Life and Personal Liberty

When a government agency engages in unlawful detention, censorship, or discrimination, it amounts to a constitutional rights infringement.

1. Applicable Laws and Jurisdiction

• Constitution of India – Part III (Fundamental Rights)
• Protection of Human Rights Act, 1993
• Jurisdiction: High Courts under Article 226 and Supreme Court under Article 32

2. Common Real-World Problems Faced by Citizens

• Unlawful Surveillance or Phone Tapping

Unauthorised surveillance by state agencies violates the right to privacy under Article 21.

• Denial of Protest Permits

Refusal to allow peaceful protests infringes on freedom of speech and expression under Article 19.

• Arbitrary Arrests

Preventive detention without valid grounds raises serious human rights concerns.

3. Legal Remedies for Charter Violations

• Public Interest Litigation (PIL)

If the violation affects the public at large, filing a PIL in the High Court or Supreme Court can be an effective remedy.

• Writ Petitions

Under Article 226 (High Court) or Article 32 (Supreme Court), you can file writs such as:

• Habeas Corpus – for unlawful detention
• Mandamus – to compel government action
• Certiorari – to quash unlawful orders
• Prohibition – to prevent unlawful proceedings

• Human Rights Commission Complaints

Approach the National Human Rights Commission (NHRC) or State Human Rights Commissions for redress.

4. Practical Steps to Take

• Document Everything – Keep detailed records of notices, communications, and actions taken by the government agency.
• Consult a Lawyer – A skilled lawyer can identify the right legal remedy.
• Act Within Timelines – Most writ petitions must be filed within 90 days from the date of violation.
• Stay Compliant – Avoid any unlawful or retaliatory action.

What to Avoid and When to Seek Help

• Don’t ignore the violation hoping it will resolve itself.
• Avoid posting sensitive legal details on social media without consulting a lawyer.
• Don’t delay – timing is crucial in legal matters.

Conclusion: Know Your Rights, Use Your Voice

Charter Violations are not just legal breaches they are attacks on your dignity and freedom. The Indian Constitution empowers you to seek justice. Whether through PILs, writ petitions, or human rights complaints, you have the tools to demand accountability.

Stay informed. Stay proactive. Your rights matter.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Laws and procedures may differ by jurisdiction, and outcomes depend on the specific facts of each case. Please consult a qualified legal professional for personalised guidance before taking any legal action.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

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