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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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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Right To Information Act

Many of us are ignorant of the fact that we as citizens of India have the right to know about any government policies or information from the government with the help of the right to information act that was passed in the year 2005, as a result of consistent efforts of anti-corruption activists. The act is a significant one as it can help you access any government information that is not classified with a simple procedure. As per the act, it is government due responsibility to provide the requested information to the citizen that too within 30 days, otherwise the failing officer is fined for a pre-decided amount. Only the departments dealing with national security and defense are exempted from RTI besides the state of Jammu & Kashmir.

RTI

Three are three ways you can file your RTI application.
1. Visit the Public Information Officer of the department concerned and they’ll help you with the rest.
2. Write an application and send it via registered or speed post to the department concerned
3. Go online to the website rtionline.gov.in, register and then login to file and RTI.

Well, let’s know about the procedure you need to following while filing and RTI to submit in person in post or online.
1. Write a clear application point wise.
2. Pay Rs. 10 as the application fee with IPO or demand draft or to the treasury. The challan or receipt of payment needs to be attached to the application. Online payment option is also available.
3. Submit your application through any of the aforementioned modes.

You can expect a response to your application within 30 days by law for all your queries. Infact if your query is pertaining to life or death cases, then the RTI needs to be responded with 2 days.

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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.

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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.

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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.

Dress Code Notice For Law Colleges by BCI

The Bar Council of India (BCI) recently recommended various law colleges across the country to have a dress code suitable to the profession for all the students.

This came after a controversy hit the NLSIU Bangalore college this month, when a professor was witnessed castigating a student on account of her wearing shorts to the lecture. This also spurred a protest from a group of students in the college. They turned up in shorts the very next day to protest for their right to personal expression and against the moral police.

This story was covered staunchly by the media and finally the issue was resolved mutually between the students and the college. Having said this, on April7, 2016 BCI sent a notice to all colleges acting upon its concern regarding the downgrading dressing standards in Law Colleges.

It hence urged the college management to impose suitable dress code in their colleges, suggesting that the dress code could be a white shirt teamed either with black, white or grey trousers preferably.

dress code of law

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source by: http://www.legallyindia.com/law-schools/with-trouser-preferably-dictates-bci-in-6-month-late-last-word-1-day-after-nls-shortsgate