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.

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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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Passport Can Be Renewed Even If There Is A Criminal Case Going On If Court Permits – A Case Study

The chief general manager of state run PEC limited was denied the renewal of his past as he was charged by the CBI for offenses under the IPC section 420 as well as section 13 of the corruption act after the CBI had filed an FIR against him and his PSU under the ministry of Commerce and Industry for cheating of over 530 crores.

When the advocate of the client applied for an NOC for Passport renewal, the PEC limited refused it citing the office memorandum of Aug 28, 2018, that the Ministry of Public grievance and Pension, Personnel, Department of Personnel and Training, stating that in case of any pending disciplinary proceedings, the vigilance clearance as well as the NOC certificate required by a public servant for issuing or renewing passport can be withheld ordinarily.

Passport Can Be Renewed

The Advocate of the person in concern had challenged two office memorandums issued by PEC limited that declined his client’s passport renewal request. The report that the PEC as well as the passport office submitted for denial was under the Section (6) (2) (f) of the 1967 Passports Act. It states that the passport office can deny the renewal of passport to the applicant who is under-going court proceedings before a criminal court of India. The PEC limited counsel further contented on the order of the special judge which was conditional and did permit passport issuance only if it is allowed under the relevant passport rules.

The court noted that the PEC did not bring forth any other other rule other than Section (6)(2)(f) and 10 of Act that would prevent the applicant from getting his passport renewed and that the criminal court in concern did approve his passport renewal.

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Justice Bakhru further added “The reliance on Section 10 of the Act is ex facie misplaced, since it pertains only to impounding and revocation of passports and travel documents”. The court directed that if the petitioner submits an application for passport renewal, it would be processed for a period of two years but there is this condition where the petition submits an undertaking to respondent no 5 that he would appear before the court whenever required during the issued passports continuance.

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Law College Admissions 2019 – KLE Law College Bangalore

Gone are the times when pursuing a career in law was a legacy affair. Today, law has opened up umpteen avenues and hence students are quite willing to foray into law as a career choice after 12th. These days there are a lot of opportunities in giant corporate houses knocking doors. It has also increased the influx in admission in law courses. Moreover there are colleges that offer integrated courses in law, viz. the benefit of two degrees under one single course. For example BA LLB BCOM LLB BBA LLB. These are 5 year integrated courses that offer undergraduate degrees in Arts, Commerce and Business alongside a degree in Law as well. It also includes an internship program of 20 weeks

Thus multiplying the opportunities as well as scope of work.

To get yourself a seat in a law colleges you need to crack the codes called LSAT and CLAT. After you clear the entrance is when you are eligible for a Law seat as per your scores in a law college. All the government and state based colleges organize these entrance exams.

Selecting a good college with state of the art infrastructure is a preliminary and important task. There are many colleges in India and Karnataka that offer courses in Law. But, do check for the infrastructure of the college, the amenities and facilities, the ranking on a national and state level basis as well as the placement assistance they offer. It’s always a good idea to short list and try and visit the colleges personally to check them out yourself rather than relying on a word of mouth. For people looking to study away from their natives, need to also look at commuting and residence provisions. Also, take into account the needs of the future as in what is your ultimate goal viz if you are going to look for a job after the course or opt for higher education in India or abroad. While deciding or narrowing down upon the college keep these points in mind.

Ultimately, before you choose law as a career make sure that you are really passionate about it and not taking it up under any kind of influence or pressure because you can only excel in your career or a field you choose, only if you are really passionate about it.

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Article 370 – All You Need To Know

The article 370 has given the status of an autonomous state to Jammu and Kashmir. The article has been drafter under the part XXI of the Constitution that states Temporary, Transitional and Special Provisions. This article was worked out in the year 1947, between Sheikh Abdullah, appointed then as the prime minister of J&K by Nehru as well as the Maharaja. He kept the Kashmir portfolio to himself. Sheikh Abdullah was driven by the desire to become the king and his hatred for the maharaja then persuaded Nehru to provide Special status and even Mountbatten was the one to pursue Nehru to take the issue to UN.

article 370

The article has the following provisions –

  • The provision grants special autonomy to Jammu and Kashmir
  • The provisions of article 238 that got omitted in 1956 from the constitution are not applicable to Jammu & Kashmir.
  • Even B R Ambekar who was the man behind drafting the constitution refused to draft article 370 and was done by Gopalswami Ayaangar, a minister without portfolio and x Diwan of Hari Singh, kind of Kashmir, eventually
  • The article 370 has been drafted under temporary and transitional provisions of the Amendment section of part XXI, section
  • The article 370 does not allow and increase or decrease in the borders of the state

It is known to be the biggest impediment in integrating J&K with Indian Union. The Veto power on laws lies with the Jammu & Kashmir Authority even if the Government makes laws with the state government. A J&K can have two citizenships, one of J&K and one of India. This privilege is not given to Indian citizens otherwise. An outsider is not allowed to buy any property in J & K state and the defection law is also not applicable to this state. Other laws like intermarriage with other state person, Urban Land Ceiling, Wealth tax and Gift Tax aren’t operating in J&K state. J&K has the power to refuse use of land of defense cantonments or allocation of land for defense purposes.

Apparently, article 370 is a temporary provision and can be abrogated. The topic has been a hot topic for debate in India after the Pulwana terror attack that killed over 40 Indian Soldiers.

 

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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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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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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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Received a Fake Product From an Online Shopping Website – Here’s What You Need To Do

Many of you might have come across incidences wherein, people have received stones, bricks and more instead of the expensive products they purchased. There was this case that came into light about a customer from Ghaziabad buying an expensive phone worth over 45K from an online site and getting stones in the box. But, he was smart enough to cover the box opening procedure on his phone video camera. He simply posted this video on the micro-blogging site and was lucky enough to receive a full refund with 4 days.

But, such incidences leave very bad impressions about online transactions or purchases. People turn reluctant to make purchases of higher costs as well. Many times the product is damaged as well or even fake. The reason being that some eCommerce sites only tend to be a selling platform where umpteen buyers sell products.

So, what’s the action plan if you fall prey to this online fraud, which could be due to a fake website purchase, or a fake seller on a genuine website or a notorious courier company.

Here’s a look through some preventive measures that can primarily help you keep such frauds at bay.

Check the site URL – The URL of the site is the first thing you need to check when you visit the site. A secure site will always have HTTPS with a lock icon. A non-secure site will have HTTP.

Check for customer reviews – The customer reviews and rating of the seller together will give you a fair idea of the quality of the products and service of the seller.

Check the payment gateway – Do check if the payment gateway used for payment through credit card or debit card or net banking is secure enough.

Now, in times when you fail prey to frauds, fake or damaged products, this is what you could do to get out of the mess.

If you get a fake product – If you get a fake product, primarily, click the images of the product and contact customer support of the website through email and give every relevant detail pertaining to the product. Wait for the customer support to get back to you. They might ask you to return the product and refund you the money or suggest a replacement.

Incase, the site does not agree to refund or replace you may take the next step, viz. legal action.

Reach out to the Consumer Court – You may file a complaint to the consumer court with the details. You might have to hire a consumer lawyer for the same and fight the case. You can claim the complete compensation from the seller.

File a case – You could either send a legal notice to the seller with regard to the fake product after consulting a consumer lawyer or file a case of infringement via a copyright lawyer.

Whichever legal step you take and proceed to be sure to consult a consumer lawyer and then go ahead. Make certainly give the best results.

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Working with Law Firms – What you See vs what you Get

Most law graduates dream of getting placed in one of the top law firms in India for various reasons, the main being a big fat pay cheque. It is a big opportunity which enables you to work with big fishes like business tycoons, celebrities in the country and at times get media attention too. You get to have skyrocketing career and with that an elite lifestyle. On the flip side such law firms spread across the country come out with not more than 200 openings against the thousands that graduate every year from law firms. Furthermore, most of the jobs either go to the toppers from the best universities or relatives with contacts. So at the end of the day the idea of landing a high paying job in the top law firms in India is just like a mirage in the desert.

Top Law Firms in India

Reality Check
While students are curious and excited to work on big projects, with celebrities and head honchos in top law firms, the reality is quite different. As a beginner or an intern you don’t immediately get such big breaks. Initially it is only about doing filing work or proof reading documents or due diligence related tasks that you might land upon. Thus as a junior associate against your presumptions, what you do would be quite boring, actually.
Having said that, this is the case with most of the careers. The initial period is more of toiling. Also, as there is a lot of pressure after graduation to land a job into a top law firm and that tends to make students do stupid things.
So, are there really any pros there or only cons. Yes, off-course there are pros of getting to work with a top notch law firm and cons too. Here’s to list a few-

PROS

  • To be with the best, you need to give your best. So, here’s a place where you need to put your best to match their standards and class.
  • At such firms, you as a new graduate law students get to groom yourself, learn to dress, be on time and learn about communicating professionally which can be of great help in a later stage.
  • You get to work with the competent team and get to learn a lot about teamwork and from them as well.
  • Top law firms provide full service and hence you get a 360-degree learning experience on various fronts of law.

CONS

  • Work timings are one of the biggest cons in a law firm. There are no fixed timings and could land you home as late at past midnight. So, personal life might as well go for a toss when working with these firms.
  • Don’t always expect very well behaved seniors. Be ready for experiences where if you underperform as a young law associate, you are shown the door straight away. No wonder, attrition rates are so high in law firms.
  • Sitting for long hours in front of the computer can cause a lot of physical stress as a law firm job is a desk job.

Having said that, if you are competent enough with a willingness to work 24 x 7 then you could be the preferred one and climb the ladder of success faster in terms of roles and responsibilities as well as remuneration.

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