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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Top LLB colleges in India – Start your career in Law

If you are an aspiring student willing to make a career in law, well try your luck with the few top LLB colleges in India. As far as choice of colleges is concerned, India does have numerous law colleges spread across various regions of India. But, there are a few points that have to be considered when you are trying for an admission, which is precisely the first step towards realizing your dream of becoming a lawyer. Presently, clearing the CLAT after your 12th Boards for admissions to undergraduate as well as post graduate courses is mandatory. The participating colleges under the same are a total of 17 and the tests are conducted at all the campuses of the participating universities in rotation.

Here is a list of points to be considered if you are seeking admission to a law course in top LLB colleges in India.

top LLB colleges in India

COLLEGE RANKING – If you are really passionate about law and have all the budget then try to enroll intosome of the best law colleges in India. Top colleges because, you need not worry about the infrastructure, faculties, campus life and more. NAAC rankings tell everything about a college and these days there are many survey agencies that carry out survey institutions all India.

FACULTY – Getting information on the faculty is not a very difficult task. As it is before narrowing down on a college, it is advisable that you visit it to check out the infrastructure and facilities yourself. Here is when you get an opportunity to talk to existing students and find out information about the faculties. Alternatively, many college websites to provide information about the qualifications and other achievements of the faculty.

INFRASTRUCTURE –  Generally, if you are looking out for admission into any of the top law colleges in Bangalore, the infrastructure facilities would certainly be top notch.
You may still visit the websites and checkout the pictures of the college and the information on the facilities provided by them. Visiting the college is always a good idea,  so as to get a fair idea of the infrastructure.

PLACEMENT OPPORTUNITIES – These days law colleges also offer inhouse placement opportunities with government as well as private bodies, corporate houses and more. Do checkout if the college you are looking to get admission into has a placement cell. Though, this is not a very important point to be on your checklist, it certainly is a good to have one.

COLLEGE LOCATION – Location is not a preliminary criteria but it has to be on your checklist because, its always nice to have the college campus nearby. Though this is not possible always, but if there is a choice of colleges available, you may consider the location criteria. A college in the same city would cut down your hostel costs and commuting costs as well.

Getting admission into one of the top LLB colleges in India is always what a student would aspire but there are a few points that do affect the decision and one of the most important is the Fees criteria. The better the college, the higher the fee. So, even this point has to be taken under consideration while selecting a law college. Having said that, if the college does have a good ranking, try to manage a way out as far as the budget is concerned with the help of student loans, scholarship facility if available or other relevant means.