Maternity Benefits for Women in India

With every passing year more and more, women in India are getting employed and working hand in hand with male members of the family. But, one event that is integral to the life of most of the married women is pregnancy and delivery. It’s a phase of life that involves living at home with the infant and caretaking. Hence, the maternity leaves benefit. Many of us aren’t much aware that the Government of India has already passed a Maternity bill in 2016 and about its details.

As per the bill, a woman employee is eligible to get fully paid leave in order to take care of the child and herself. It also protects the employment during the time and is applicable to all business organizations with a workforce of over 10 employees. Here is a rundown the bill features:

maternity benefits for women in India

  • The maternity leave for working women bearing the first or second child is set to 26 weeks. Earlier it was 12 weeks only.
  • For the 3rd child or more, the leave is only 12 weeks.
  • Maternity benefit of 12 weeks is also applicable to a woman who adopts a child below three months and commissioning mothers as well. Commissioning mothers are those who use their egg to create an embryo that is planted in another woman.
  • The bill also mentions working from home facility if the nature of work is such that the employee can work from home, in case the employer and the woman both agree.
  • The bill states that an organization with more than 50 employees need to provide crèche facilities for working mothers and even the facility to visit the child in the crèche four times a day for feeding and resting as well.
  • The maternity benefits need to be intimated to the woman employee in writing at the time of appointment.

The maternity benefit bill is passed by the Parliament in the Lok Sabha for the purpose of regulation of employment of woman in all areas of the working like circus, mines, shops or establishments with 10 or more employees.

Multinational companies have already included these benefits and many corporate giants are still jumping the bandwagon offering not only maternity leaves but flexi-hour working with full pay as well. One such company in Bangalore has even offered one-year career break without salary for maternity. MNC’s are even providing additional benefits that are not mentioned under the maternity benefits bill. In order to woo women employee companies making lucrative offers that include benefits like parental counseling, insurance benefits, maternity tie-ups with hospitals, transport reimbursement to name a few. Another well- known banking sector firm has offered a package of 1.32 lacs only for child care to women in addition to salary.

Well, there are many more corporate who are willing to adopt the flexible maternity policies in India because they are well aware that maternity is one such milestone in the lives of women when they decide to quit their jobs.

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Does India Need a Space Law?

India has established itself amongst biggies like USA and Russia when it comes to Space Projects. It has been so since inception but the recent milestone where in 2017 February where it launched over 100 satellites in space signals commercialization and is probably the result of India proving its mettle when it comes to cost friendly space projects. The monumental launch of Chandrayaan in 2004 and the cost friendly mangalyaan(mars orbiter Mission) which was made at just 11% of the cost at which USA made its Maven Mars Orbiter- Maven cost around $ 672 million while mangalyaan cost $74 million only paved the path to other nations taking notice of India’s prowess in Space. With Mangalyaan, India did achieve many other feats, one of being the fourth space agency after Soviets, Nasa and the ESA and the second to enter the orbit in its first attempt historically behind ESA.

Does India Need a Space Law

Hence, saying that India is already at par with space giants like Soviet and NASA wouldn’t be wrong. Now looking at not only these giants but countries like Germany, Netherlands, Ukraine and Canada as far as legal framework is concerned, there’s no denying that they are well aware about the need for space law and have cemented it meticulously.

Yes, there are five international treaties already brought into force by the United Nations. While India has only signed one treated it has ratified the other four. It has been around four decades since India’s space journey started but it is yet to do the enactment over it. Though polices determined by the constitution of India as well as the satellite communications policy and even while our articles numbered 51 and 73 do show their respect for international treaty obligations and law for preservation of peace and security internationally, India is yet to create or obligate it legally.

It is time that the government of India which presently supervises the ISRO seriously thinks about revising the space laws in the country as it is slowly moving to self-sufficiency. It is already into outsourcing but only to a certain degree like component manufacture and the recent move to outsource manufacture of satellite to the private sector. Besides it has also signed a treaty with a private startup for launch of a spacecraft that will attempt a moon landing. This is sure going to help ISRO to focus on more important projects. Hence, the need of space law that is user friendly and is in the interest of both the government as well as the operator whenever liabilities arises due to damage.

Take the case of the international dispute between India and Japan over an Indian satellite on its way back to earth with debris over a Japanese village. As per the treaty for International Liability for damage caused by Space objects signed in the year 1972, India has to pay the compensation for it but there is not international space law that can help determine the quantum of damage.

Lastly, Space has also turned out to be of significance to 21st century warfare and hence considering the advantage India can get in a space war strategy or security planning, it does become important to consider devising and bringing space law into effect.

Know About Alimony Laws in India?

Alimony Laws

As painful and stressful as it is to go through a divorce, it is as much important to know the rights that revolve round such an unwanted situation. Particularly in the modern times, when divorces are becoming so common, you need to know about the alimony terms and conditions irrespective of if you are a husband or a wife.

Alimony is derived from the latin word ‘alimonia’ meaning sustenance. India is a land of different religions and hence they also have their own religious customs, traditions and scriptures. The majority population in India being the Hindus, here we shall talk about the Hindu divorce law around alimony. As per the Hindu marriage act of 1955, both husband and wife are eligible to get permanent alimony but if the marriage has been undertaken as per Special Marriage act of 1954, only the wife is eligible to get a maintenance or alimony.

The alimony can be decided by the couple in case where divorce happens under mutual consent. While in case of contesting matters the court takes centre stage and works out the alimony or maintenance. There is no limitation of getting an alimony only if decree is obtained. Even if decree is not obtained by the wife, the court can order the husband to pay the wife an alimony. Though, there is a possibility of no alimony or maintenance as well depending upon the circumstances.

The points that the courts takes into consideration while granting alimony includes the income, assets as well as lifestyle of the husband. Income and financial status take the front seat while taking a decision on the amount of maintenance to be given. Here are some of the factors that lead the way to the decision of the alimony.

The first and foremost point is to check whether the claims of alimony are reasonable enough. The claims that are not reasonable enough cannot be considered by the court. When the wife is taking care of the child, the requirements of the child are also considered and so is the financial condition of the husband and even the duration of the marriage.

Even the financial condition of the wife is taken into account and if the wife is working and earning well then besides his income even her income is considered while deciding on the maintenance.

Further, if the wife remarries, the husband does not have to pay any further alimony to the wife, though he would have to pay for the children staying with the wife. Also, if the future for some reasons the husband is not able to pay the wife, while the wife is doing well financially, the husband can put a petition to the court to ask for changed circumstances. Even if the husband gets rich and his financial condition improves drastically, the wife can file a plea to the court for revision of the alimony.

K.L.E. Society’s Law College Bangalore is ranked as the 4th Best Law College in the Southern Region 2016 and 12th Best Law College in India by ‘India Today and Nielsen annual Survey of 2017

*Source from the internet

Search and Siezures Law in India – Police Powers

While it is the duty of the police to ensure law and order in the society, we all have heard of instances where police have crossed their lines and invaded our human rights. But, many of us due to ignorance are not able to take suitable measures to use our rights when the time comes. So, here is a brief overview about police powers related to search and seizures in India.

Search and Siezures Law in India

Police Interrogation – While there is no law where you can skip police interrogation when normally fit and stopped for one, its only good for you to answer them like a lawful citizen. If you do not cooperate with interrogation they do have the powers to arrest you.

Eg. You are driving on the road in the wee hours of the night and the police stop you. They might want to check your car for any illegal weapons or if its a dry area for unauthorized alcohol. At such a point you need to stop and cooperate further.

Search – Usually a search warrant is required as per the 1973 Criminal Procedure Code of India when it comes to searching your house or offices, but if there is no time to attain the warrant and an immediate search is important they can do so. But, the search has to be carried out in presence of the owners and the seized items if any need to be listed. Two witnesses have to be present alongside as well. Police can carry out a search in your house or office without a warrant if they suspect that you have been hiding a criminal of stuff that is considered unlawful like drugs , etc. As for shared house, in case you are not present, shared areas can be searched by police without warrant but not your private stuff. Police can also search without permission a towed or seized car.

So, it’s advisable for you to cooperate with them and be aware of the law. Having said that if you find any misbehavior or unnecessary harassment from the police, you might as well file your complaint with the human rights commission.

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All About Courts in India

ALL ABOUT COURTS IN INDIA

Though if one has to wish for something related to court proceedings, one would rather wish of staying away from getting into the same, due to its time and money consuming repute. But, when you have to you have to, there is no way else where or out. So, why not be aware about the court and its hierarchy. The first step here begins at the judicial body, village courts, the district court, going up to the high and finally the supreme court.

Village Courts or Panchayats
Better known as gram, lok or nyay panchayats, these courts are set up at village level to resolve disputes arising in villages or rural areas.

District Courts
These courts are for the urban populace. People at town or city levels can knock their door to seek justice or resolve their dispute. It has a district judge and is supported by many subordinate courts. Every district does have separate courts for labour and families as well as special courts that deal with narcotic drugs, substances act falling under essential commodities.

High Courts
Every state has their own high court and its generally situated in the capital of the respective state. Many states also have bench courts which refers to high court branches. In the same way, union territories have high court benches of the nearby state. The high court comes into action only if the lower courts cannot hold a trial due to territorial and pecuniary jurisdiction issues.

Supreme Courts
This is the highest of all the courts in hierarchy and stands at the top. The powers it has form original advisory jurisdiction and appellate powers. There is also a facility for citizens to directly file a suit with the supreme court in case of fundamental rights violation. At times even the President of India asks advisory jurisdiction for advise on certain issues. Supreme court judgments and laws are to be abide by every court in the hierarchy of India.

Some of us aren’t aware about the difference between tribunals and courts. Tribunals and courts are totally different bodies though they work in parallel and tribunals are not a part of the court hierarchy. Apparently, the hierarchy is forms on the basis of the constitutional structure and the reason behind its formation is to ably handle the mammoth population of the country and its problems and issues in a streamlined manner.

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Legal Guidelines Issued by Government About Police Encounter Investigations

Legal Guidelines Issued by Government About Police Encounter Investigations

Police encounters are commonly heard of in India and most of us are even aware about many cases that smell fishy as well. Even government as taken notice of some fake encounter cases that have come forward and hence issued certain guidelines that the police department needs to adhere to in order to streamline the whole procedure and for investigation convenience as well.
1. It is mandatory put information regarding any tip off regarding a criminal offense in some form or the other either in writing (case diary preferably) or electronically, by a higher authority. Though, it is not mandatory to reveal all the details about the information like location or suspect.
2. If an encounter occurs post the tip-off or intelligence information, then it is mandatory to file an immediate FIR as per the procedure described under section 158 and forward it to the court under section 157.
3. The police team of another police station or the CID has to investigate the encounter or incident under the supervision of senior officer or atleast an officer of the same cadre to that of the one involved in the encounter. The team will need to collect the following information from site as well.
a. Identify the victim and take color pictures of him/ her. | b. Collect and preserve evidence related material like blood stained clothes, earth, hair, threads, equipment, fibers and more.
b. Identify and collect details of witnesses on site including their name, contact, address and more. Write down their statements or record them on video/ audio. Also, take down the statements of the police personnel involved in the encounter and pictures, video or sketch of the scene. Note down the death time and the whole process of the encounter that resulted in the death of the criminal.
c. Send the untouched finger prints of the deceased for chemical analysis. Also, any other finger prints collected on site have to be sent as well.
d. Evidence like weapons, cartridges, bullets, cartridge cases and more need to be taken into custody and preserved. Gun shot residue tests as well as metal detection traces need to be carried out wherever applicable.
e. It is necessary to note down the cause of death of the deceased, whether it was a suicide, homicide, encounter, natural or accidental death.
f. Two doctors need to conduct the postmortem of the deceased in the district hospital and one of them must be the hospital head or incharge. It is mandatory to cover the process through videography and preserve it.
9. The encounter information needs to be immediately sent to the NHRC or state human rights commission as per the case. Though NHRC need not necessarily get involved unless there is some doubt about the investigation or the encounter’s authenticity.
10. If the victim is injured in the encounter, then immediate medical aid needs to be provided to the victim and his/her statement has to be recorded in front of the medical officer or the magistrate. A medical fitness certificate also needs to be acquired from the officer.
11. In all the cases, where the encounter has resulted into death or deaths, a magisterial inquiry becomes mandatory under section 176 and the report of the it has to be sent to the judicial magistrate under section 190.
12. In case of death, the immediate relative of the criminal/ victim must be informed immediately.
13. In case of death or deaths in an encounter, it is mandatory to send half yearly statements of the cases of police firing to NHRC by the DGP’s. The due date for the statements is set to January and July 14. The format for the statement needs to be as follows and wherever applicable documents of reports have to be attached.
1. Criminal case no.
2. Investigating agency
3. Date/ Place of death
4. Situation resulting to death
a. Self defense | b. unlawful assemble dispersal course | c. affecting arrest course
5. Facts about the incident in brief
6. Report from inquiry by senior officers/ magistrate
7. Information related to
a. Police personnel responsible for the death |b. Information on use of force, lawful action or not.
15. In case if the conclusion report show evidence of a fake or unlawful encounter amounting to offense under the IPC, then disciplinary action against the responsible officer needs to be taken promptly after immediate suspension.

* Disclaimer – Sourced from the internet. Verification required

All You Need To Know About Power Of Attorney

There are times or rather unavoidable circumstances, when you are not able to process important legal transactions. These circumstances could be illness, foreign travel, serving prison or more. Power of Attorney is a legal pact that provides the right to do a legal procedure on your behalf for your properties or do decision making about anything on your behalf. This can be done with a simple legal procedure where in a legal document, mentioning the rights provided to the person, you have assigned the power of attorney to has to be made and duly signed by both.

POWER OF ATTORNEY

Here is how you can use Power of Attorney to your advantage –

Health Concerns – Critical decisions related to health need to be taken with great presence of mind. With a medical attorney, you may might as well give the power to take any crucial decision concerning your health, when you are ill and not medically capable of taking them.

Legal Transactions – Whether is is about selling or buying a property or any legal transactions that involves money related transactions, it provides them the right to manage your assets on behalf of you.

Family Matters- A power an attorney is of a great help in circumstances where couples are married but are not able to move in because they work at different locations of the country or may be one of them is serving in the defense and is posted in some other location or remote area.

Business Decisions – It is quite helpful to businesses in situations when decision making authorities are not in a position to take decisions due to international travel or illness with inability in decision making, etc. For examples in a company with five board of directors, if one of them is unable to be present at the board meeting on a vital decision making subject, he can assign someone known to him to take a decision on his/ her behalf by providing them a power of attorney. Also, sometimes a busy schedule of the director does not permit him/ her to be present at each and every meeting that needs his/ her presence. Even in such cases, assigning a power of attorney for the same to could be quite useful.

Having said that, before assigning power of attorney to someone, you need to be very careful and choosy because the assigned person needs to be a loyal and honest person. Otherwise, he might as well misuse the same in the best of his/ her interest and you might end up in a soup. So, assign your power of attorney to an extremely reliable and trustworthy person and keep yourself fraud safe.

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The Significance of a Business Transaction Lawyer For Businesses in India

When it comes to business decisions that involve legal procedures and monetary transactions, and any issues arising due to legal inability or ignorance can cost you a fortune for sure or land you in a legal soup. So, it is important for a business to have a business transaction lawyer. This is not just true for large companies but also for start ups. In future when the need of merger with some company or selling the company arises, a business transaction lawyer could be of utmost help.

Like when you don’t feel well you seek a doctor and you find specialists around every health concern, today you find specialist lawyers as well and one of the area of specialization besides crime and civil is business transaction. Here are a few benefits of hiring a Business Transaction lawyer for your business.

Inception – When you start a business, the lawyer can help you organize your business under a relevant category. For example business lawyer helps you on deciding whether to go for a corporation

Licenses and Taxes – You would be definitely having an accountant to take care of your business tax returns, but understanding the business transactions and consequences tax frauds as well as registrations like state tax identification numbers is very important. Business transaction lawyers can help you with that.

Intellectual Property – Intellectual properties include your logos brand names and other creative or idea based exclusive intellectual properties which need to be copyrighted or trademarked. Lawyers can help you with the procedures related to getting your stuff protected against copy or duplication.

Real Estate Dealings – For a business infrastructure, you might as well need to buy or lease some commercial space or land and here is when a business transaction lawyer comes in the picture. Documentation of such transactions or deals requires an eye for legal detailing or else the landlord could devise the documentation the best of his/her interest only.

Contractual Documents -There are certain legal procedures that need to be followed while getting into contractual agreements. In such situations when you need help in contract matters While dealing with suppliers, distributors, clients or customers, its always smart to avail the services of a business transaction lawyer.

Well, these are just few of the benefits that business transaction lawyers provide with respect to your business big or small. So, keep yourself at bay from the stressful encounters with law and even unnecessary and unexpected monetary losses. Just one last say, choose a lawyer based on expertise and thorough knowledge of the business transaction or legal sector.

Legal Education In India – 7 Interesting Law Specializations

Legal Education in India

Law definitely offers a promising career with influx of opportunities due to globalization in the law sector. Besides, opportunities from private sectors are opening doors for law professionals to work with corporate houses, real estate companies, film industry, healthcare and more. After graduation though, there comes this dilemma of choosing a specialization for masters. It is always advisable to have a masters degree at least these days, when the competition levels are extremely high. A doctorate in law would definitely put you into another class altogether, but that isn’t a cake walk anyways. Law offers many different subjects to choose from as specialization. Here is run down the few specializations that offer lucrative career prospects in Law.

CIVIL LAW – This subject deals with the major areas of litigation that include damage suits, gaurdian disputes, deeds, wills, individual rights and disputes and more. This specializations come with immense scope for private practice more so, though it also offers good job opportunities with government and private bodies.

CORPORATE LAW – This is presently, one of the most sought after specializations in India that offers opportunities to work or consult corporate giants around contracts, ordinances, privileges and more.

PROPERTY AND ESTATE LAW – With realty business in boom, the demand for real estate lawyers is also on the higher side. Property and real estate laws includes sale deeds, property mortgage and lease issues, property titles, property conveyance, to name a few. You get to work with real estate companies as their employee or legal adviser.

INTELLECTUAL AND PATENT LAW – This area of specialization is gaining popularity more so with globalization winds making their way through this sector. Companies and brands are putting in their efforts to protect their products using the patent and intellectual property rights law. This law deals into trademarks, copyrights and more.

INTERNATIONAL BUSINESS LAW – This specialization also has a good career-scope in the private sector, corporate houses nationally and international opportunities as well. It deals with laws related to international business and trade. This includes international trade, tax, arbitration, competition law, contracts and more.

TAX & BANKING LAW – Specialization in tax and banking is a good idea as well with banking, finance and corporate companies hiring specialists in the area for dealing with their finance and tax matters.

CRIMINAL LAW – If you are up for a challenging, exciting and thrilling career then criminal law is the specialization for you. A roller coaster ride when it comes to work, it deals into interacting and interrogating the accused, witnesses, working around forensic reports, post-mortem reports, things found at the scene relating to the crime and more. You may go for private practice or work as a public prosecutor. Criminal law pays well but might be taxing for some.

Well, there are more additions to the list of specializations available in the legal education sector in India, though you need to choose the one that interests you the most and is lucrative as well so that you can carve out a skyrocketing career graph for yourself.

KLE Law college offers law specialization courses. It’s one of the top law schools in India.