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.

*Sourced from the Internet

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What You Need To Know About Divorce Rights In India For Women

Many celebrity divorces are coming to the fore ever now and then and like the west India is coming to terms with the big word divorce. Obviously, divorces are never cake walks and there is a lot of suffering, stress, anxiety, fear and pain that the whole process brings along. In Indian marriages are considered to be and Institution and even today in spite of the fact that divorces are getting common. The laws that govern marriages vary as per the religion and country. In India, and as per the Hindu marriage act the spouse can claim for alimony or maintenance against divorce.

Divorce Rights In India For Women

Now, alimony as well as maintenance is nothing but financial compensation to the spouse unable to support self to ensure that he/she lives a secure life financially. In India it’s mostly the females who claim for maintenance and alimony in Hindus, though it differs from religion to religion. The Hindu marriage act states that both husband and wife are eligible for it.

But, in India it’s mostly the women who get the alimony benefits. These days, many women work as well and aren’t aware if they are also entitled for any alimony. Here’s a sneak peek into how much alimony are women entitled against a divorce, working and non-working both.

As per the law the women is entitled to get a monthly alimony of 25% of husband’s gross income if it’s on a monthly basis. The amount may increase decrease as per the salary. In case of lump-sum settlement the range is between 1/3rdto 1/5th of net worth of the husband and is to be done all at once.

If the couple have a child than the maintenance of the child needs to be paid for separately. The child needs to be paid in a way that he/ she can live at the same standards of the father. Similarly, even the wife is entitled to be able to live at the same standards as per her matrimonial home. If the wife is also working though, she also has to share the child support.

On the other hand, only if the husband is disabled, he is entitled for alimony, else not.

The court also mentioned during the hearing of one alimony case, that even if the woman is educated and earning, she is still liable to get alimony if there is a substantial difference between her and her husband’s net worth, so that she can live her life at peace and same standards she used to enjoy in the matrimonial home.

However, if the woman remarries, the husband is not required to pay any alimony to the wife but he has to continue to pay for the child’s maintenance. Furthermore, if the alimony is interim or monthly basis and the husband fails to provide the same. The appellant can move to the court for a petition to attach the husband’s salary. The maintenance they would be deducted from husbands salary automatically every month. Also, any kind of jewelry, gifts, property or valuables including gadgets, appliances and even cash that is given to the women before, at and during the course of marriage are included as a part of streedhan. This also includes all her earnings, investments and savings.

Having said that, divorce is a very difficult and emotionally draining procedure but being aware of the rights make help making life a lot more-easier in terms of financials.

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*Sourced from the Internet

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.

*Sourced from the Internet

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Crime and Its Concepts – A short Description

Before talking about the concepts of crime, lets just define crime first. Crime by definition means an act that is capable of being followed by criminal proceedings. Sir William Blackstone defines crime in two ways. One, as an act committed or omitted in violation of public law commanding or forbidding it. Though the definition is limited in the sense that it is only applicable to bulk of criminal law segment that covers political offenses and was modified later. Though the definition of concept of crimes showcases traceable difficulties with respect to the concept, it can still be defined or rather can make sense based on four different frame works.

concepts of crime

Social construction is one of them. As culture varies across the length and breadth of the country, it is difficult to create a standard definition of crime as it could vary from culture to culture.

Religious authority is another. Now, there is this huge conflict across religions when it comes to considering something as crime. While it may be a crime in one religion, it may not be in another. Example – women in middle east are not allowed to drive as per the Sharia law of Saudi Arabia. It is considered to be a crime even today, however absurd it may sound in other part of the world. Another example is honor killings and domestic violence which is allowed in certain religions while in certain it is considered as crime as per the basic state law.

Another example is holocaust of Germany wherein Hitler in Nazi Germany ordered a systematic slaughter of the Jewish race, which was not considered a crime then. But today when reviewed, the holocaust is known to be the greatest crime in history of Germany. Even when the trial was carried out only a few officers that were closed associated were held responsible. As for others they were not held responsible as they were only following orders of their seniors and did not commit crimes willingly. This again throws light on the definition of crime and its affects on not only the situation but people involved in the situation.

Thus, as we may see based on the four frameworks explained above including the examples of holocaust, Saudi Sharia law, domestic abuse and honor killings, it can be understood that the definition varies as per time and the ever changing needs of the society. There are more example which can prove that crime as an act is not the same everywhere. For example liquor sale and consumption is a crime in Gujarat but in many other states of India it is not.

Thus, we can clearly see that the definition and concept of crime ranges from individual and personal to historical and social circumstances and hence it is difficult to have one single definition for it.

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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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Marriage, Divorce and Name Change in India

While marriage is an auspicious and life changing event in one’s life, divorce is also life changing but heartbreaking. India is one country where most of the females change their surnames to that of their spouses post marriage. They even change it in their identity document like Voters ID, Pan card, Aadhar Card and more. Though, it is not mandatory to do so for a female and is done as a gesture of companionship, doing it and undoing it post a divorce is a matter of choice and involves a systematic legal procedure. Here is a sneak peek into the procedure to change name post a marriage and a divorce.

Name Change in India

Post Marriage
As a proof of your marriage you need to submit the marriage certificate along with the application to state government gazette office. You can get the form from the office or the online website of State government. It is chargeable and post verification of the proof attached, your name change appears in the published gazette. Copies of the same are couriered to you and you may use them as a legal proof. You also have to publish the name change news in the local newspapers, English and local language preferably.

Post Divorce
Post divorce if you want to retain your earlier identity, you will have to apply for the same with a divorce order copy.

Name Change
In India there is freedom of having any name of your choice and changing it while following legal procedures. You can not only change your name, surname, but a female can use two surnames as well one her maternal and one post marriage together as well. Furthermore, you can even change the surname of your child post divorce unless your husband approves of it.

Having said that, due care has to be taken to ensure the name change is applicable in all the legal and official documents.

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Dissolving of Intellectual Property Rights

Many brands and companies protect their products with copyright, trademark or other intellectual property rights, the recent one being the Taj Mahal hotels. It is now protected with Trademark under private construction category. But, many of us are not aware of the twist to the law wherein once the property is sold, wherein the rights that it had prior to the sale are nullified.

Intellectual Property Rights

Here is a simple example to explain the law. For example a well known company sells house paints. Once the cans of the paint are purchased by customers, used and discarded, there’s this other company that collects to cans, refills them with a low quality of paint and resells them at a much lower rate. Now, the inventor of the paint or the authentic owner faces competition and is likely to come up with attractive offers and discount to fight the competition back as he cannot do anything about it. There are no repercussion on what happens once the product is sold. The patent rights extends only through production, creation, manufacture to sale. Once someone purchases the product, the patent is exhausted.

There has been a lot of misconception or confusion with the law of intellectual property rights and due to the same a lot of infringement cases wherein the exhaustion principle applied to products once they were sold become invalid. The supreme court has even re-explained the whole exhaustion principle in a short format that clearly states that the exhaustion principle is applicable to products that are purchased and resold later. But, they have to get into a contract with the customer under refill to do the same and comes with restrictions like one time use and no resell of container or sharing of the ink container, but to name a few.

To combat this issue many companies have adopted various methods like return policy’s around used products. In case of ink as a product, some companies have gone to the extent of installing a chip to track the location of the refilled ink container.

To fight an infringement case in a way that the outcome is positive the company or person filing the infringement needs to keep the design or the item and prove to the court that the design or the process was stolen, copied or reproduced. A legal counsel needs to be hired to litigate. The claim only proceeds after the litigation is attempted through a legal counsel and shows signs of clear violation of intellectual rights. Otherwise if is against to what the Supreme court has explained and re-explained, the case is rejected.

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