Censorship Issues For Over The Top Services – (NETFLIX And Hotstar)

Gone are the days when satellite TV’s were ruling the Indian TV industry. Now, are the times of internet based channels like Netflix, Hotstar, Amazon Prime video and more, known as the Over-the-top (OTT) services. Being an internet based service they can be accessed anywhere and anytime on devices like smartphones and tablets too other than smart TVS, desktops and laptops. These services are known as over the top because the service does not need you to subscribe to a traditional cable channel besides providing the liberty to choose whatever they want to watch as per their choice and time. A hardware device, an internet connection, download the app, get the subscription plan and you are on.

Over the top Service (OTT) types

Well, on one side it’s getting convenient for viewers to watch anything they want anytime, there’s a flipside to it too. The content could be unsuitable for viewers of a certain age group particularly under age audience. So, the topic to regulate the content is of vital importance and needs to be looked at, with keen interest, more so. The types of over the top services include –

  1. Ad supported video on demand (AVOD) – A free service it gets its revenue from the ads it broadcasts along with video content.

  2. Subscription based video on demand (SVOD) – This is a paid service where you can access a whole library of video by paying a fixed amount on a daily, weekly or monthly basis.

  3. Transactional video on demand (TVOD) – This is a pay per view service and needs no subscription.

With the advent of these services, it won’t be a surprise if you find people hooked to their smart phones or tablets while having lunch break or commuting on a bus or a metro. Another vital aspect of it is that the content that is broadcasted is not scrutinized and is uncertified, vulgar, pornographic, legally restricted and at times sexually explicit as well. There have been PILs / petitions against shows like Game or Thrones and Sacred Games about objectifying women as well and requesting to frame guidelines for the same. One such petition was dismissed by the Delhi high-court stating that it could not frame any guidelines because there were stringent provisions vide the information technology act, 2000 already in place. When the petition was taken to the Supreme court, it has issued notice to the center in order to regulate the content on OTT platforms dated May 5, 2019. Well, this means that it will take some time for the OTT content to get regulated.

*Sourced from the Internet

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Five Facts You Need To Know About Ancestral Property

There is a lot of unawareness around ancestral property rights amongst us. A reason is ignorance and even amendments in the law. One of the many questions that are commonly asked around ancestral property laws that people keep pondering upon or enquiring from friends and acquaintances is about women’s share in ancestral property. Here’s run down five facts around ancestral property rights you need to know and around daughter’s share as well –

  1. Ancestral property means the property that is inherited up to four generations. As in from father to great great grandfather.

  2. The right to ancestral property is considered to be based on birth and not after the death of the owner.

  3. The ancestral character is not considered if the partition or division of the property is already done through a deed or mutual basis within the family.

  4. The division of the property is done not on the basis of per capita but on the basis of per stripe. First the share of each generation is determined. Later the subdivision is done for the remaining generations. Also, every generation does inherit from its predecessor.

  5. Will and gift based properties are not included in ancestral properties.

  6. If a father gifts a property to son, it is not included under ancestral properties.

  7. If a self-acquired property is used in common it can be included under ancestral properties.

  8. But, if the father wants to disinherit his son from a self-acquired property within the ancestral property, he can do so but the son still has rights over ancestral property

  9. Before 2005, only sons had rights to ancestral property. But, in 2005 the Supreme court amended the law providing rights to a daughter whether married or not, in ancestral property. The court later clarified that if the father has died before the amendment of the Hindu law in 2005, the daughter does not have any right to ancestral property.

Well, theses day women are becoming more and more aware of their rights but even today there are many women and even people who aren’t really aware about ancestral rights or have a lot of queries around the same. The aforementioned are a few facts that might just help you clear some of your doubts around the same.

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Black Robes For Advocates – A Sneak Peak Into The History

The dress code for advocates, lawyers and judges across the world is a combination of Black and White except for some. Black color has two sides both positive and negative implications.

Black Robes For Advocates

During the medieval era, the judges wore two colors, green and violet, in summer and winter respectively. But, the summer robes slowly vanished making way for black and violet robes. This history of black robes dates back over centuries to the age of Edward III in 1327. The legal system during that times included the Judges, sergeants, students, benchers, pleaders and Barristers. While the Sergeants practiced from St. Paul’s and wore the coiffure wig on heads, the Judges wore English Judicial costumes. The costumes of the English Judiciary are known to be in existence for over six centuries. In the year 1340, the legal profession in England was divided but even after the public opposed the length of the robes, but Lawyers decided against public and went ahead with long robes.

The Indian legal system influenced by the British, obviously so, made it compulsory for the lawyers to wear a Black coat or Robe alongside a white neck band on top of it in the year 1961 through the advocates act. As per the Section (49) (gg) of this act advocates need to wear the black robe irrespective of their seniority.

Black robe has a lot of significance in the legal field. It is an epitome of discipline as well as renders a sense of seriousness to the identity of Advocates. Even the white neck band also has a significance and has two strips of white cloth joined to make one band that signifies ‘Tablets of Stone’ or ‘Tablets of the Laws’. These tables also have a meaning. They are known to have been uses by Moses who received them on Mt Sinai from a burning bush and inscribed the Ten Commandments. They are also known to depict the upholding of laws of God as well as men.

The Indian as we all know has a great influence of the British as they ruled us for over 200 years. The Indian legal system also continues to follow the same black robe with white neckband on the top standard.

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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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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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