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Sreedhar Sunkara   02 December 2021

Articel 21

Hello, 

My neighbour is harassing me with false complaints since 2017, all these complaints made false by officials. IS this not violating my freedom to live a peaceful life under article 21 of the Indian constitution?



 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 December 2021

send a legal notice to your neibour for nuisance creation. “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 'Life' in Article 21 of the Constitution is not merely the physical act of breathing. ... Thus, the bare necessities, minimum and basic requirements for a person from the core concept of the right to life.

1 Like

Advocate Bhartesh goyal (advocate)     03 December 2021

Art 21 of constitution of India guarantees each and every person right to live peacefully. No person shall be deprived of his personal liberty except according to procedure established by law. Your neighbor is harassing you and making false complaints, such act comes under the purvIew of nuisance and you may take legal action against him.

1 Like

Sreedhar Sunkara   03 December 2021

Sir to be a clear nuisance with false information and misrepresentation of documents, having full knowledge of facts of case amount to a violation of Article 21.

Chawang Anyam   03 December 2021

False charge of offence under section 211 of IPC.

Anaita Vas   03 December 2021

First call the police if your neighbor harasses you. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

You can send a legal notice to your neighbour too.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

 

Regards,

Anaita Vas

Sudhir Kumar, Advocate (Advocate)     21 December 2021

the facts are not clear.

 

what are the allegations made

 

what is fate of the allegations.

Megha   04 January 2022

Hi,

The acts done by your neighbour come under the perview of section 268 of Indian Penal Code, 1806 dealing with nuisance, both public and private.  As per section 268, "A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right......"
 

You can either call the police and sought the argument or initiate proceedings under IPC

Best regards,
Megha


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