Hindu Marriage Act 1995 – An Insight

The Hindu Marriage act has been created with the intention to secure the rights of the bride and groom who are Hindu by religion and are tied into a sacred bond through marriage ceremony. Though there is not definition for the ceremony as such. The act is applicable for people of Hindu, Sikh, Jain and Buddhist religions.

The components of the Hindu marriage law are spread across different sections of the act. Here’s a run-down some of the common and important sections under the Hindu marriage law 1955.

Hindu Marriage Act 1995

Section 5 of the Hindu Marriage act, 1955 – The marriage is considered lawful if the bride is 18 years or above and the groom is 21 years or above at the time of the marriage.
Section 6 of the Hindu Marriage act, 1955 – This sections has the provision for legitimacy of children born out of this alliance and can be later declared as void or voidable.
Section 8 of the Hindu marriage act, 1955 – The marriage can be registered under this act.
Section 9 of the Hindu Marriage act, 1955 – This has the provision for restitution of the conjugal rights of a husband as well as a wife who are bound together under the act.
Section 15 of the Hindu marriage act, 1955 – This act says that once divorced both of them are eligible to remarry.
Section 24 of the Hindu marriage act, 1955 – This act has the provision for maintenance pendent lite as well as for expenses of the divorce proceedings.
Section 25 of the Hindu marriage act, 1955 – The section 25 of the Hindu Marriage act is for provision of maintenance pendant lite as well as for the legal divorce proceedings expenditure.
Section 26 of the Hindu marriage act, 1955 – The section is about custody, maintenance as well as education of minor children during as well as after legal proceedings of divorce.

The Hindu marriage act is a provision made by the government of India to keep the sanctity of marriage in place and not let anyone take any undue disadvantage of the pious institution.

 

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How The Budget of 2019 Rings in Some Good News for Middle Income Groups

The budget is out and Piyush Goyal has definitely tried to woo the Indian middle class with his budget line, particularly the income tax slab. We all know that below 5 lacs the middle income group had to pay an income tax slab of 5 % tax. This years the grass is even greener because now uptil 5 lacs, you are not required to pay any tax. Furthermore, if your income is 6.5 lacs you might as well do a fixed deposit of 1. 5 lacs which will not be applicable for tax.

Budget 2019

Again, the government presented the interim budget this year. This budget is usually presented in the final year of the government’s tenure. Yes, this does have a catch. Once the new government comes into force, the approval of this budget is required from the new government. It’s for the new government to decide to make a few changes in the budget of change it entirely.

Nonetheless, the burden for the tax payers has definitely eased with the tax slab being increased. There is news for the farmers too and includes a yearly money transfer of 6000 for small farmers under the Kisaan scheme. It will be done in three installments of 2000 each. For government employees the tax free gratuity limit has been increased from 10 lakhs to 20 lakhs. For mothers, the government has introduced the Pradhan Mantri Matritva Yojna and 26 weeks of Maternity leave for working women. The tax on daily used items now remains within 0-5 % tax slab. The government has also announce no tax on interest of 40,000 on FDs.

The government has also announced pension scheme for house maids wherein they need to start putting 100 Rs. per month from the age of 29 and they get a monthly pension of 3000 after 60 years of age under the Pradhan Mantri Shram Yogi Mandhan and people working in the unorganized sectors. The rest of the money will be contributed by the government. The scheme is all set to begin this year.

Well, there is quite some good news it seems with the budget this year, particularly for the middle income groups. But, it needs to be seen if after the election this budget gets approval of the elected government because then only it will hold true.

 

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B.Com LL.B Course in Bangalore – BCOM LLB Admissions

Many aspiring students today are willing to make their career in law. Why not? Law is also one of the booming careers today. Today law is not a profession or legacy carried forth by the generation of lawyer family members but even others are foraying into the area due to the lucrative offers worldwide. Today it’s not just criminal and civil law areas and the courts where people get work opportunities. The horizons are broadened and many corporate giants. These days you also get to study integrated law course like BA LLB, BCOM LLB and BBA LLB other than regular law courses like LLB and LLM.

bcom llb course admissions

Doing an integrated course like BCOM LLB can help you streamline your career in the direction of your choice and even scope of work. If you are a finance person and you want to take up law then doing law in commerce can help you a lot. More ever an integrated course can help you get two degrees at one go, one in business and the other in law.

The admission process for BCOM LLB needs you to undergo a national level common entrance exam. There are government as well as state level colleges that conduct common entrance exams. Once to clear the CLAT and LSAT entrance exam, you can get admission to the course.

This course is of 5 years and also requires you to complete an internship program of 20 weeks during their course of study. The career for graduates pursuing BCOM LLB course includes lot of areas like Indian civil services, corporate law, legal advisors in MNCS and banks, criminal practice, income tax, CA firms and more.

These days career options like writing for law are also very much in and hence if you are the one who loves writing then you might as well opt for legal writing.

Once you complete your course and are willing to do practice of your own, you need to obtain the certificate of practice in law. To obtain the certificate you need to appear for the All India Bar Examination (AIBE) which is organized and regulated by the Bar council of India.
If you are looking to get into teaching than you may opt for LLM course as well and PhD after that.

It’s only that you need to look for a good college that can make you not only a graduate but an industry ready professional by providing the right education and training.

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Environmental Law As a Career – An Overview

Many of us might not be aware but environmental law is one of the careers in law that is being considered as a lucrative career. This law deals with laws and issues around green initiatives, waste management, sustainability strategies, bio-diversity, hazardous waste and alternative energy resources. Today sustainability has become a priority across the world and hence the world is in need of lawyers who can be the torch bearers as far as advice around green standards and sustainability issues are concerned. As the needs of corporate houses grow in terms of legal work needs around environmental legislation.

Environmental Law

The work of the environmental lawyer involves working around the laws of the environment and legislation and the interests of the environment as well. The issues around the environment include responsibility, stewardship, ecology, sustainability can result in taking a legal course which might in turn require you to have an environmental lawyer. The role of an environmental lawyer involves in representation their clients around environment issues, helping them devise the environmental policies and write as well as orient their clients about environmental law.

Environmental law is in demand overseas as well and the salary offered is also quite handsome. In India, Environmental law is not as popular right now. The branch that deals with environmental law in India is called regulatory branch or branch of environmental legislation. These branches are high capable of understanding technical material including scientific literature, raw data as well as precedent cases in order to scrutinize the legal situations affecting the environment in one way or the other.

Their job role involves decision making on matters like prosecution of environmental offenders. Representation of a corporate house, a corporation, government or business entity at pre-trial negotiations as well as discovery sessions, to name a few.

There are various institutions across the globe that offer degree in environmental law. A rule of the thumb is that if you are passionate about environment then go for this degree more than relying on the statistics of whether it is lucrative or not, and you will definitely excel.

 

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Single Parenting is a Dangerous Concept As Per High Court

As per the observations of madras high-court single parenting can have adverse effects on the society. The high-court mentioned that single parenting could be a dangerous concept for the society as the child needs the love and care of both mother and father.

Single Parenting is a Dangerous Concept As Per High Court

In the order of the year 2016, the court had suggested to the union ministry of women and child development about considering castration for criminals of child abuse and rapists as an additional punishment alongside the already present ones under the Protection of Children from sexual offences (POSCO) Act, IPC and the juvenile justice act.

The court justice Kirubakaran also noted that the family system had changed over a period of time from joint to nuclear and recently to single parenting. The court also harped upon the point of bifurcation of union ministry of women and child development and start a dedicated ministry itself for child development.

The court also instructed the state government to conduct awareness programs with regard to crime against children amongst the other directions it gave. As per the court single parenting was a concept that was dangerous to the society and true to because there could be umpteen other challenges or obstacles that a single parent can also face besides the child. These challenges include those like taking multiple responsibilities because a single parent has to take the load of the both the parents, be it any kind of responsibility, time management, finance burden and child management. It takes a two to tango truly goes with parenting as one parent cannot manage all the responsibilities alone. It is tough and its even tougher for the child to not get a balance of both parents. Thus, what the high court said around the concept of single parenting does make sense in every way, aint it?

 

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You Don’t Need to Carry A Physical Licence Henceforth

When you are on the roads and driving be it a four wheeler or a two wheeler some of the few things you need to keep with you include the driving license, Vehicle registration certificate and the pollution control certificate. While it is allowed to carry a copy of the same, it is quite a hassle and many of us opt to carry the original. This kind of leads to a risk losing the original document or card.

As per India Today, the Union ministry of Road Transport and highways has amended the Central Motor Vehicle Act of 1989 allowing people to carry the relevant documents in digital format. As per the new amendment, a vehicle owner does not require to carry documents like driving license, document of pollution under check, registration certificate (RC), fitness and permit etc., in their physical format. They can use the digital format form as well and show it to the concerned authorities on their screen.

Digilocker

This service comes under the digital India initiative thus enabling people to store official documents on the cloud with the help of a central government operated app called the Digilocker. The app can be easily downloaded from the App store or Google play store. There is a validation process of the documents that you store but it is simple and easy because the validating authorities are the same authorities who have issued the documents. This does also mean that showing scanned copies of documents is not permitted by the law and that it’s only possible for people having smartphones.

The initiative is a part of the promoting a paperless governance and is definitely going to ease a lot of hassle that it causes to people in terms of carrying physical documents with constant threats around accidental damage, burglary, losing or misplacing the documents which could further lead to a lot of tedious procedures.

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This initiative of digitizing India is definitely a forward thinking strategy and amendment of the existing law only brings forth the fact that with times the laws also need to change in order for a country to progress. Change is the only constant and we as country not only need to anticipate it but also initiate it.

 

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Stringent Implementation of Cyber Laws in India – The Need of the Hour

Cyber laws deal with cybercrime viz. the relationship of the internet with electronic and technological elements like computers, hardware, software, and related information’s systems. The law is devised to control and stop cyber crimes like online frauds and scams, hacking, computer system attacks, identity thefts, prohibited or illegal content. Cybercrime can not only cause financial issues but also upset victims extremely on a mental level. There are two types of cyber crimes one is with the computer as a target and the other using the computer as a weapon. Cyber laws include copyright, defamation, freedom of Speech as well as harassment and stalking, contracts and employment, trade secrets and more.

Here are a few examples of cyber crimes in India.
For example, Google and other online search engines spend a great deal of time developing algorithms for search results. They also spend a lot of time and resource on developing maps, intelligent assistance and more. Cyber laws help these companies protect their trade secrets and take legal action with the help of cyber lawyers against cybercrime.

Online eCommerce scams are not new. There are many cases coming to light where people ask for transferring an amount of money against the transfer fee for winning a big lottery amount. Many people fall prey to the high lottery prizes and transfer. Once the money is transferred by the victim, they receive nothing. Now, you can take help of the cyber law to trace such frauds. In 2012 a 32-year-old man was arrested by the Cyber cell for duping a student from Kandivali for Rs 1.2 lacs through a lottery scam. The Mumbai cyber cell cracked this scam.

There have been many instances popping out in the media about leakage of personal Aadhar card details and more. It’s not that India does not have any cyber law. The law is very much there and comes under the Information technology Act, 2000 or IT act as they call it. Though the internet has brought forth a lot of complex legal issues while the existing laws could be old school. The notorious cyber hackers hence try to tweak these laws taking disadvantage of the glitches and use it to their own benefit. Even today with millions of Internet users in India, don’t have an email ID that is considered to be a legal email ID. There is not legalization done for email IDS even today as there is no law to do so. As the times are changing rapidly and the country is digitizing, enabling of a legal support substructure to fit the current times is absolutely necessary.

The rate at which Cyber-crimes are increasing in India, it is high time that stringent cyber laws are brought into effect to control the further rise and even the existing rate of Cyber-crimes like online frauds, scams, hacks and more.

 

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Filing A Complaint Against Dowry in India is Easy Now

Though Dowry cases have reduced considerably thanks to the awareness initiatives and legal reforms in India, this dreadful system is not totally eliminated as yet. It is still prevalent in many regions of rural as well as urban India. The prevalence of this custom has led to thousands of homicides as well as suicides in India, sadly so. As per statistics India tops the list of dowry related cases and around 30,000 dowry cases were officially reported in the year 2013-14. This is a huge number and speaks the torment of the women in India due to dowry. There have been almost 10 K cases of suicidal deaths due to dowry harassment as well as reported by the National Crime Records Bureau besides almost 4000 harassment cases by husband and in-laws for dowry were filed by the year 2015.

Filing A Complaint Against Dowry in India

Many of us are aware of the dowry prohibition act that was brought into effect in the year 1961. Under this act of IPC section 498 (A) – taking, giving or abetting dowry by imprisonment is a punishable offense and can cost you a fine of upto five thousand bucks or six months of jail. A woman has to raise her voice without fear of any sort and file a case so that the government and the law can help her out. The government has over the years simplified the case filing procedures so that women can take optimum benefit of the law. As per a retired IPS officer Mr Mukherji added that a women needs to give an accurate description of what happened and present facts rather than making half-baked statements.

The government has even made provisions for women police stations so that women can comfortably go and register complains there. The first one was opened in 1992 itself in Tamilnadu. Besides every police station today is equipped with a women’s cell. Furthermore, the government has also made it mandatory for any and every police station to take complaint of a dowry related case of a women irrespective of jurisdiction. The FIR is registered under a zero number and later transferred to the relevant jurisdiction. The government has also made a provision for women to be able to complain online to the website of any NGO or website of the National Commission for Women. Online case or FIR filing facility is also already available on their official website.

Though the procedures are made simple and accessible to all, it’s the women primarily, who need to take a step for themselves when it comes to raising their voice against their own people for saving their own life. Until, they stand up for themselves, the crux is no one else will be able to help them out completely.

 

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Double Death Penalty for Convict in Double Rape – Murder Case A Judgement Case Study

Hearing the case of a double rape and murder crime of December 2, 2007, Kerala high court upheld the death penalty given by the trial court to the accused name Rajendran. The district and sessions court Thodupuzha found the accused guilty of the rape and murder and hence upheld the judgment. The crime happened in the Idukki district of Kerala and was committed by two men in cold blood.  Rajendran was caught but his aide Jomon absconded after committing the crime. Both Rajendran and Jomon ravished the victims one by one before killing them in cold blood with the help of a rod and chopper.

The HC division bench included Justice C T Ravikumar and KP Kyothindranath (retired now). They did consider the Death Sentence reference but upheld it. Rajendran had filed an appeal on the judgment of the trial court dated October 31. Though there was no eye-witness of the crime, testimonies did indicate the presence of the accused near the house of the victim on the day of the crime. Furthermore, the forensic evidence that include samples of hair, nail clipping as well as seminal stains made the doubt pretty clear about the involvement of the accused in the crime.

The High court confirmed the death penalty while saying “ the commission of murder was intentional, cold blooded and brutal and it was committed after ravishing two hapless women, mother and daughter duo in a ruthless manner from the same room”. The court also noted the fact that one of the victims of was the mother of a 7 month old child and observed “ The manner in which the offences were execute, in the circumstances explained herein before, we are of the firm view that they are sufficient to make the commission of the crime uncommon and at the same time tend us to believe firmly that imposition of the sentence of the imprisonment for life of the appellant would be inadequate”.

The court also stated that there was no mitigating circumstance that was in any way favourable and hinting to a possible innocence of the accused and that the appellant was a father of a child and a husband could not be considered as an extenuating factor. Even his age of 42 years could not be considered as the accused was now 53. Therefore, under the guidelines of the “rarest of the rare cases”, the High Court dismissed the appeal and confirmed the death penalty.

 

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Supreme Court Today Scrapped off the Law of Adultery for Women in India

For those who aren’t aware what the adultery law says, it’s the section 497 of the Indian Penal Code or IPC that deals with adultery.

The Section 497 read as follows –
“Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

Law of Adultery for Women in India

Additionally, the section 198 of IPC gives only the husband the right to file a case against the man involved with the wife in the act of adultery. Furthermore, if the husband of the woman gives consent to his wife to have intercourse with another man, the act is not regarded as an offense.
This section thus only reiterates that India is misogynist thinking and is a place where women are denied equality and more so are considered commodities of men.

A petition was filed in December 2017 to decriminalize this law and the supreme court decided to accept the litigation in public interest. The hearing began in August 2017 and the judgement was delivered on September 27, 2018. This law was recently scrapped off by a five bench judges. One of the judge was justice DY Chandrachud. It was in 1985 that this law was upheld by a bench headed by none other than his own father. Today in 2018, the son overruled the judgement stating ‘the adultery law is arbitrary and it offends the dignity of a woman’. The bench further stated that the section 497 (of the IPC)

Though the Chief justice Deepak Misra said that even if it cannot be considered a criminal offence, it can be considered a ground for filing divorce.

 

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