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.

5 Employee Rights You Should Know

5 Employee Rights

Ask some of the greatest entrepreneurs of today or some of the biggest brands of the world about employees and they all would have one unanimous voice that employees are their biggest assets. It is a fact that people power drives a brand northward. At present many companies offer their employees different benefits and incentives when it comes to employee care. Having said that, there are firms who might not be as concerned about employee rights and might not even follow the rules and regulation around employee hiring, retention, termination or more. But, not all of us are aware of our rights. So, let us take a quick glance through five of the most important rights an employee should be aware off.

1. Minimum Wages Act – All of us might just not be aware of the minimum wages act that is applicable to employees of different categories in India including unskilled and skilled ones and varies across the country. The wage deciding factors are region, type of work, working hours, cost of living and the employer capacity to pay. You can get detailed information by checking the employee wages act.

2. Sexual Harassment Protection – We are not new to sexual harassment cases that have time and again become topics of discussion. For those who are not aware, there is already a sexual harassment act in place for women for prevention, prohibition and redressal brought into effect since 2013. It is a punishable offense and carries imprisonment of upto 3 year and might include fine too. The offenses listed under it include Passing Sexual comments, showing porn, demanding sexual favors, physical advances or contact and other verbal, non verbal or physical and unwelcome conduct or sexual nature.

3. Public Holiday List – The government of India has declared Independence Day, Republic Day and Gandhi Jayanti as the mandatory three national holidays. For any working on this day, prior permission from authorities needs to be taken. The employer needs to provide a compensatory leave or double wages to the employee if made to work on these days.

4. Pregnancy & Parental Leave

5. Probation rights – The probation period for an employee is kept as 6 months. It could be extended to 3 months more as well but cannot extend more than 2 years. Employers can terminate the employee if the work is found unsatisfactory. In cases otherwise the employee has the right to request an enquiry into the matter of termination.

There are many more laws for employees and its always advisable that you are aware of all of them, so that when the need be you know what your rights are and can use them to the optimum.

KLE Law College offering BALLBBBA LLB, BCom LLB and PG, Certificate courses

Pregnancy Termination Law For Women

Pregnancy is the herald of new birth and new life but it is not always a good news for the mother or parents. Sometimes it is unplanned or unwanted. Sometimes it is wrapped up in complications that could be life threatening. So, the Indian Government has listed out some laws related to pregnancy decisions that benefit women because they are the ones who carry the fetus for nine long months and give birth as well.

Pregnancy Termination Law For Women

Child birth is associated with many aspects be it social or financial and an unwanted pregnancy could lead to repercussions of still more serious kind. So, as per section 3(2)b(i) the law mentions these words with respect to pregnancy of a women – ‘grave injury to mental health’. A women owns her body and she has right over it. It emerges from the fundamental rights under article 21 of the Indian Constitution where a woman has every right to live with dignity in the society as a human being. She can terminate her pregnancy under the Pregnancy termination act of 1971. Hence, even a practitioner has to ensure that there is no injury possibility physically or mentally to the pregnant women when terminating the pregnancy.

Termination of pregnancy is a difficult situation for the women and could be the result of considering the growing financial requirements and limitations to sustain the needs of the new born. Also, as per the law, human rights are applicable only on birth and not before that, hence, an unborn fetus does not have the rights to take any decision and only the mother can do so as the pregnancy takes place within her.

The law also indicates the all pregnant women need to be given equal treatment even if they are prisoners. As for prisoner women, they have to be kept under observation as well even if under prison by the medical officer of the prison. Termination of pregnancy by women could be a result of a lot of reasons like working mother, complications, financial issues to name a few. A prisoner needs to be sent to the civil hospital for termination in case she wants to on an immediate basis.

Applicability Of Foreign Judgment in India – Review

With globalization at its peak, India is emerging as a global player internationally. So, getting a hang of laws related to enforcing foreign judgments in India is a good idea. Before we move on, let’s define some of the associated legal terms for clarity purpose. While decree means judgment a foreign court is a court that is located outside of India and not established or under the control of Central Government of India. Foreign judgments thus refer to judgments that are made in foreign courts viz courts outside India.

The recognition of a foreign judgment in India is based on certain agreements between countries, bilateral or multilateral understandings or unilaterally at times as well. The decision is said to be recognized only if a country’s jurisdiction accepts the decree/ judgment of another country’s court and passes the judgment on the same lines without asking for a re-hearing of the original lawsuit substance.

There are two ways in which a foreign judgment can be enforced in India.
1. File a petition for execution under section 44A of the CPC
2. File a suit upon the foreign decree/ judgment

Point 1 is only valid for reciprocating countries or territories as per the section 44A of CPC.
As per CPC section 44A, explanation 1, reciprocating territory is defines as any territory or country outside India, declared as a reciprocating territory by a notification in the official gazette.
Some of the countries that fall under the list of reciprocating territories are UK, Bangladesh, UAE, New Zealand, Hong Kong, to name a few. In all there are 12 territories under the category.

Point 2 is valid for non reciprocating territories like USA, where in a law suit has to be filed in an Indian court within a time limit of 3 years of the foreign judgment. The Indian judiciary considers the judgment as evidential.

Decree Execution for Reciprocating Territories
1. If a certified copy of the judgment from a reciprocating territory is provided to the court in India, the judgment is executed in India similar to any other judgment passed by Indian District Court.
2. A certificate from the superior court stating the extent to which the decree can be adjusted or satisfied as a conclusive proof for the same.
3. While executing a decree the proceedings of the district court will be subject to provisions of section 47 and if such a decree falls under any of the exceptions stated under its clauses (a) to (f) and satisfies the court, then the court would reject or refuse execution of the same.

Decree for Execution of Non Reciprocating Territories
If a decree does not pertain to the supreme court of a reciprocating country or a reciprocating territory for that matter, the decree cannot be executed in India directly and a fresh suit needs to be filed in the Indian court on the basis of the foreign courts decree. This decree would then be considered as evidential for the case.

Having said that, it is mandatory under both cases for the decree to clear the test of IPC section 13, which covers certain exceptions with regard to the conclusiveness of a foreign judgment.

Employment Bond In India

The liberalization policy has worked really well as far as employment opportunities in India are concerned. Umpteen multinationals and corporate giants have made India their work centre, as employment here is cheap, comparatively. Employment bonds are therefore a common term used these days. Companies spend a fortune on training their employees in terms of money and time. Therefore, Employment bonds is an obvious choice because an early exit by an employee leads to financial losses of the employer and gain of another/ competitor firm as well.

Employment Bond – Definition
Employment bond is nothing but an employment contract between an employer and an employee. It is apparently a list down of particular terms and conditions that are applicable to employee and he/she abides by it.

Employment Clauses
The bond includes a minimum time period the employee needs to work with the firm, violation of which may result in compensation amount to be paid by the employee. Additionally the clause may also restrict the employee from indulging into any other business/part time job while working with that organization.

Legal Restrictions
As per section 27 of Employment Act in India, an employer is not permitted to put any direct or indirect restrictions on the employee to work with the them for a fixed period or to restrict him/her from working with their competitors.
Some of the restrictions that are considered void under the Indian law even if they’re applicable to an employee include joining another company or competitors or forcing the employee to serve a pre-determined period of time.

Employment Bond Requisites
An employment bond is considered to be valid if it has the following –
1. Duly signed by both the parties without any pressure, with or without witness.
2. It needs to be printed on a stamp paper of particular value
3. Confidentially clause is optional
4. The time period and compensation included need to be acceptable.

Employer Benefits
The reason why companies, organizations and businesses harp upon employment bonds is the benefits and security it brings in to the employers. In case, an employee breaches a contract, the employer can drag him/ her to the court for compensation against time and resources spent on training of that employee.

Having said that, an employment bond, hasn’t been an effective way to retain employees, rather it has shown a negative impact over the years. Hence, positive polices like a mutually beneficial employment contract, reasonable compensation, structured salary package and genuine increment standards for encouraging retention, sounds like a far better idea.

Legal Education Reforms in India with respect to Globalization

Globalization has by far affected every stream of education and has led to reformation in the fields of higher education across the globe. Reformation in legal education being need of the hour as well, requires focus on making it even more flexible by giving more freedom to the legal education organizations and establishing law schools of international standards besides addressing fundamental issues related to legal education including necessary amendments and changes in the existing law education curriculum and methodologies. The academic standards need to be raised besides providing state of the art infrastructure and research facilities. It also includes providing a good governance model and better job opportunities to the passing out law students. Legal Education Reforms in India

Well, the challenges for reformation in legal education are big particularly when it comes to promotion of judicial and legal reforms. Apparently, for establishing a rule of law society, the lawyers and judges have to play a crucial role in the future, towards governance. It thus requires the law students in law schools to be imparted with quality training in the present. A re examination of each of them needs to carried out so that these future lawyers and judges sync in well with the undergoing socio-economic transformation.

The times when the focus of legal education institutions was on issues relating to India and Indian law only are long gone. Today, students are inquisitive and interested in studying international law as well as comparative law. Obviously, there is a dire need to make reformations in the existing legal education of Indian law through excellence in teaching and research but at the same time it is vital to focus on globalization challenges.

Keeping up with the need, even law schools today are shifting their focus on incorporating international law curriculum, with an objective of providing a fair mix of programs that strike the right balance on Indian and foreign laws. Even students are highly alert and informed about the latest in law on the international circuit due to the vast exposure available through international moot competitions. The information base of students on international law varies from dispute resolution topics to marine time law, humanitarian law and more.

Thus, it can be aptly said that establishment of law schools of global standards has become necessary today. Setting up law schools with world class infrastructure would also mean attracting students from across the world and the best faculty in law because even today sourcing good faculty with experience and expertise in the field isn’t easy. The law schools for long have been facing issues in acquiring or sourcing qualified faculties, not only in India but abroad as well. But, these issues can be resolved by offering better incentives and promotion of institutional initiatives and legal education reforms mentioned above.

As the possibilities of international interactions increase with time, law schools need to get all set to match-up. This includes activities like setting up a legal database for reference to the students from across the world and keeping it updated consistently, conducting knowledge exchange programs with legal education colleges worldwide and more.

Having said that, realizing all these reforms is not child play and requires mammoth funding. Hence, creating philanthropic initiatives for acquiring funds becomes one of the preliminary steps to be taken in the direction of raising the legal education bar in India.

Why KLE Law College is one of the best law schools in India

Why is KLE One of the Best Law Schools in India

 

Arun Jaitley at KLE LAW School in Bangalore

Law as a profession is gaining popularity and no longer bears the stamp of being a legacy profession. There were times this profession was also deemed as a mediocre one, but times have changed and for good. Today, there is a huge influx of students willing to make a career in law. Globalization has brought about a reformation in the field as well, with law schools focusing on designing a legal education curriculum that is a balanced blend of Indian and International Law.

For all the passionate aspirants wanting to take up Law education, the preliminary task that lies ahead is getting into a top class law school after clearing CLAT examinations with good marks. The undergraduate degree course choices offered to them range from three year bachelors degree courses to five year integrated degree courses. Though there are numerous law colleges across the country, choosing the ultimate one requires indepth research backed by a visionary approach. Besides, a lot of other secondary points have to be kept in mind like college and course fees, location and feasibility, to name a few.

When considering the various top ranked colleges, as an aspirant you are sure to come across the name KLE society’s law college. Obviously because, it is one of India’s renowned colleges for pursuing legal education. KLE Society’s law college has been instituted as a nursery and training ground of students seeking quality legal education and is ranked amongst the top 5 law colleges in South India for a while now. Established in the year 1975, KLE’s society Law School has been continuously fostering the future lawyers with indepth knowledge and professional skills in the field of jurisprudence for over 4 decades now.

KLE society’s law academy offers state of the art infrastructure which includes a wide spanning campus with spacious classrooms. The classrooms are fully equipped with interactive teaching tools like LCD’s and more. A well stocked library and e-library providing access to a mammoth research database both online and offline, moot court hall and IT resources for staff makes KLE stand out as a law academy of international standards.

The college also supplements its academic and professional training programs with guest lectures for its students by prominent judges, lawyers of the Supreme court and High Court. The law courses on offer include undergraduate, diploma and certificate programs. KLE’s commitment to excellence in law education has gained it a reputation for delivering excellence in field of academics of Law in India. No wonder, KLE society’s Law College is ranked as the 2nd best private law college in South India by ‘the Week’ and 8th best in India by Career 360. It also holds the recognition of being ranked as the best law college in India for the year 2015 by India today.

So, if you are an aspiring lawyer, KLE society’s Law college is undoubtedly an alternative you consider for a high flying career in Law.