Wednesday, 25 November 2015

Women’s Relative right to property under the Will

Women’s Relative right to property under the Will

In previous days, the Supreme Court in favor of those women who have lost their husbands due to death has given a big decision. This decision is very important for those women who have been turned out of their houses and who are suffering even when they have ancestral properties.

Under the guidance of Justice M.Y Iqbal, the Supreme court has made it clear that those women whose husbands are dead have full right in the ancestor property and this is not just a formality but a relative and moral right of the woman. The woman is entitled to any property given to her under the will. She can give or sell this property to any party she wishes to. 

A women’s livelihood is the duty of the husband. If there is property in husband’s name then the wife has full right to use the property under the law. This is neither a formality nor pity but a proper relative right of the wife. And now the property and possessions will not only be given to other will holders but to the wife. 

This decision has come with the case of Jupudi Pardha Sarathi’s appeal who bought the house from P Venkat Subba’s son. Subba had three wives. Subba had given one of his properties to his third wife Veeragdhawama in 1920. She had no children. She gave the property in will to Pentapati Subbaro in 1971. After Veera’s death, Subba’s second wife’s son sold the property to Sarathi. The court had given decision that it was not wrong for the women to have sold the property, as it was her right by will and it will be passed to her male will holders after her death. But Andhra Pradesh’s high court had changed the decision of Lower court fully. According to high court, this case comes under the section 14, 1. According to court, Veera had become the full owner of the property by will and she had full right to will it to P Subbarao. The Supreme Court has agreed this decision. 

Even after remarriage, her right in dead husband’s property cannot be taken away from the woman. In addition, those women whose husbands are dead will be seen as the will holder and will have their share in the property like the son and daughter of the family only. Under the law of 1956, there was no provision for the share of the daughter in the ancestral property. But this has been amended in 2005 and now the daughter and the son are both equal recipients of the share. 

Under the punishment law 1973, there are many provisions for the safety of the women. Under section 125, the husband is responsible for the livelihood of the wife. If her husband leaves her or divorces her then she is entitled to alimony by first class magistrate orders. In August 2012, the Supreme Court had given orders that the government should see to the last rites of those women who are living alone in Vrindawan. The court gave suggestion to the government that Sulab international can be asked for help, which is an institution helping people, and women who are all alone. As after their death, no one comes forward for their last rites too. 

The government gives Rs 150 pension monthly to those women whose husbands are dead or left them and they are staying alone.  

From - Nandita Jha, High Court Advocate - Delhi

Women’s Relative right to property under the Will
Women’s Relative right to property under the Will



Monday, 9 November 2015

Hindu Marriage Act - sec 3 and section 7

Legality of marriage does not need many proofs
Hindu Marriage Act - sec 3 and section 7

Many women feel inapt or stressed when it comes to proofs of marriage but the law says that even a photograph or some witness at the time of marriage is enough to prove the legality of marriage.

A case of Ratnagiri Maharashtra is evident here to quote. A couple got married in past in Ratnagiri. Since both were from the village, there were both parties from girl and boy side present during the ceremony. The pujari of temple performed the marital rites. Later the panchayat was informed and it was put in the village records. In addition, a witness from both sides was taken and was illustrated on a stamp paper. The husband Harish came to Mumbai for work and became a fitness trainer in a high-class gym. The wife sumitra was in the village. After just a year and half of marriage, Harish stopped communicating with Sumitra. He decided to leave her after 4 years of marriage since he was with a rich women in Mumbai who was helping him to open his own gym. Harish told Sumitra that the village marriage was not valid and it will not be considered valid in the city. Then sumitra approached the lawyers since she also felt that her marriage was not valid and she was living with her husband on wrong pretext. 

However, the lawyers told her about the details of Hindu marriage act 1955, sec 3. 

The sec 3 of Hindu marriage act 1955 says – 

All the traditional customs and rituals have been going on for decades and so they are equivalent to rules and laws. What are rituals or customs? In law language, a ritual is some rule, which has been going on for years and is used every time. It is not invalid in any case and if it is applicable to people and families and locals then it is to be accepted. 

That is why the law takes in course all the religious customs and traditions and rituals which have been going on forever. In this context, there is no specific definition of marriage. 

Section 7 of Hindu marriage act says – 

The Hindu marriage can be celebrated like a festive as per traditions and rituals of one’s caste and creed. The saath phears (seven rounds) are the main part of such marriages. Even the marriage in temple is valid. Then the question arises as to why these rituals and customs are seen for their legal validity in the book of law. Since India is a big country and there are many castes and creeds here, likewise these customs are accepted in the eyes of law too.

Therefore, Harish was wrong in saying that the marriage was invalid. Sumitra is not in any dilemma now, as she knows her marriage is valid. In our country, marriage is a religious custom and not only joining of two people legally. 

The law has given a diverse definition in case of witness or proof of marriage. If there are no other proofs left except photo of marriage or witness at time of marriage then also the marriage is considered valid. This important information can help many women from being misdirected.

Hindu Marriage Act - sec 3 and section 7,
Hindu Marriage Act - sec 3 and section 7, 


Advocate Vandna Shah, Family Court - High Court 

Wednesday, 21 October 2015

No more Divorce - Mumbai family court

Think before filing Divorce Application

Living together after divorce is heard and seen of in Bollywood but it is not so the case in real life. At the same time before divorce, everyone has the right to take back the divorce application and the law appreciates this step too.

Divorce is no good to anyone. People think that by divorce they get to win but it is not so the case. Many marriages in which there are problems do the individual problems finish after the divorce.

Mumbai family court is known for its positive attitude and a new concept regarding joining the couple back and not emphasizing on break up or divorce. A family court in Bandra converted the atmosphere of court from negative to positive and like a form of event or gathering and thus the couples feels positive about their relations again. Around 100 couples changed their mind here and saved their marriages.

In the case of Suchita, the couple decided to get divorce after 8 years of marriage and a child. The main problem being that the husband wanted to live his life on the ancestral property only and did not want to work. Therefore, the wife had to ask money for everything from his parents. This created rifts in between them. In the end, being a professional commercial artist the wife started her own studio in her in laws house only and soon she succeeded in her work and started earning her livelihood well and thus saved her marriage with her decision of staying back and working from her husband’s ancestral home. 

In another case, a diamond merchant had decided to divorce his wife who was middle school pass. Then the wife relocated from Gujarat to Mumbai opened her own Tiffin center and challenged the divorce petition. After three years of long process of court when their divorce papers were finalized they both decided to meet each other without distraction before signing the papers for 2 days and in those two days both of them recoincilated and took away their divorce petition And save their marriage. 

A wrong notion in the society is that once a divorce petition has been entered in the court it cannot be taken back which is very wrong. The prosecutors and lawyers etc should be the ones to make people more aware bout their rights. 

The petition to take back the divorce petition can be submitted to the family court. Once it reaches the councilor then both parties have to make it evident before the councilor that they both are ok with taking away the divorce petition and this is done to safeguard both of them and to see if anyone is doing this under pressure. Then this petition is sent to the judge and he/she gives the decision in one day or decree. Everyone including the judge and councilor are always in favor of making people realize as to not break their marriage in India.

Thursday, 8 October 2015

Earning rights are part of living rights

Under sec 25 F of Industrial dispute act 1947, some important decisions have been taken. 

Management has been asked to take the workers back on work with full settlement of unemployment salary. Judge V Gopalagora gave the decision in a case of up state and charansingh that constitutional rights 19 and 21 have not been complied as they clearly state the freedom right of earning and living. The family members are suffering as the earning capacity has been taken away from the worker. In another case of Olga Talis and Mumbai Municipal Corporation the judge quoted that is the right to earn a part of right to live and the answer is yes. 

Sec 21 of constitution is very wide in its thought process. The right to live is not only limited to death penalty it is associated with right to earn also as no one can live without ability and capacity to earn livelihood. Therefore, if a person is devoid of its capacity to earn livelihood then it is a direct impact on its right to live. This is inhuman and is major cause of village population to migrate to cities. 

In another similar case the fact were as follows. Charan Singh was appointed as tube well operator in fisheries department on 6 march 1974. He was fired on 22 august 1975 by quoting the reason that since he was kept temporarily now there is no use of him further. Charan Singh took the matter forward to court. 

The court asked the management to appoint the person back on 24 Feb. 1997 but he was not given any backlog of salary of past. He was given the fisherman’s post quoting that its equivalent to tube well operator but he had not come to work for that job. The management applied to high court at Allahabad that no salary will be given from 24 Feb. 1997 to 31 Jan 2005. However, the court quoted and gave verdict against the management saying that they wasted so many years of the worker and he should be given his rightly due in four weeks. Supreme Court also voted for with this verdict of Allahabad high court and agreed to the righteous salary from 24 Feb. 1997 to 31 Jan 2005.

Earning rights are part of living rights
Earning rights are part of living rights


Wednesday, 26 August 2015

Hindu Marriage Law – Maintenance Amount

High Court gave a Verdict in a case of Mumbai family court about Hindu Marriage Law – Maintenance Amount

Recently the Bombay high court gave a verdict in which a case of Mumbai family court was strengthened. The verdict was to give maintenance of Rs 70,000 to a working wife. The maintenance amount has been discussed in Hindu Marriage Act 1955.

According to section s 24 of Hindu marriage act – Both cases where maintenance should be given to either husband or wife come under this act. If one does not have source of money then the maintenance amount should be given for important bills. This can be given to any party either husband or wife’s appeal. This also includes the court’s fees.

The law has such provisions for women always as most women were dependent on their husband for money as well as they takes care of family and children. In traditional Hindu marriage, women are not expected to work after marriage. A case should be highlighted here of Pramila (55) who had studied engineering. She left her job thirty years back after marriage as her husband’s job was in army and they had to travel anytime from one city to other. She also took care of their two children. Now her husband is divorcing her at the age of 55. He wants her to take care of herself as she had studied engineering.

Nowadays engineers get good salaries. However, why would anyone give a job to a 55-year-old woman when twenty five year old youth are also not getting jobs? Since she has been out of work since 20 years and has been taking care of children. So is her degree now valid for today’s scenario of jobs. The section 24 s saves s such women from facing financial difficulties.

After this law as made, many things have changed since then. Most women are educated and are working nowadays. They are financially stable too. One more case example is cited. The husband Ashok who is a pilot and earns five lakh rupees per month while his wife Supriya earns around Rs 60,000 per month as an airhostess. They have a six-year-old boy. Even after the women was working the family court gave the verdict of maintenance amount to be given to the wife as the child’s and home responsibility is still with the women. If the child gets sick, the woman is expected to take leave and take care of the child.

This law also has a gatekeeper. If it is studied carefully then there is no mention of amount of maintenance decided to be paid to the women. This is according to husband’s lifestyle and salary. It is therefore important that the lawyers who are representing this case should have all the facts cleared before the court. The amount of maintenance granted depends on the judgment of the court.

Under section 24, many changes are seen in today’s scenario. In many cases, the wife is earning more than the husband is. Because this section should not be misused, that is why court amends with the working of the woman. If the court finds that a woman is capable of earning then they are told likewise. If the women do not share their actual earnings then the verdict is not justified properly.
The question here arises that will the man always be on the giving end. In many such cases proper judgment has been given where the wife s earning more than the husband does. Many such women have misused this law. As this law is to pave the way for woman to work and be independent and not the opposite. However, sometimes it is misused to become rich quickly.

Fact – Bombay high court the highest maintenance to a woman in a case where the amount was 50% of his income.


Tuesday, 25 August 2015

Supreme Court about Rape cases punishment - no to compromise, mediation

Supreme Court verdict for Rape cases -  Punishment cannot be reduced or softened 

Supreme Court has made it clear that no punishment can be altered, modified, softened, or changed in Rape related cases. The Supreme Court’s verdict, “That no middle path or kind behavior can be shown towards these rape criminals” has condemned the lower court’s decision. 

In recent years, Supreme Court had given such verdicts, which made the rape cases punishment without much after effect in many courts of India. Based on settlement between the victim and Rapist the courts have declared that the punishment sentence can be reduced or modified. The verdict of Judge Deepak Mishra and Prafful C Pant in July 2015 is a milestone in this path.

In Madhya Pradesh Madanlal’s case, the judge condemned the MP Supreme Court’s case. MP’ supreme court had changed the section 376 (rape) punishment to section 354 (eve teasing) in the above case. The police appealed in Supreme Court against this decision. In short, the rapist was under trail for rape with a seven-year-old girl. The act was committed in 2008 and he was given hardcore jail punishment. The MP supreme court changed the accusations under section 354 and released the criminal in lieu of completed the punishment earlier. 

The judge summarized the explanation and noted that the Supreme Court authorities just wrote in the verdict that ‘the guilty party produced so many witnesses and documents’ is not enough to pass the verdict in such cases and sent the case back to the Supreme Court. 

He added further that the MP supreme court’s judge had been swayed by the settlement between the victim’s parents and the guilty. In Haryana Shimbhu case, the Supreme Court had given this verdict in 2014 as follows – 

Just because the settlement has been done between the two parties does not mean that the punishment can be reduced. Rape is such a heinous crime in which no settlement can be done. It is against the society and is not a subject to be left between parties for settlement. In lieu of proper justice and saving the victim from unnecessary pressure, it is important that no importance should be given to settlement of case. 

He added that this is against the women’s body, which is considered a holy place. This is such a worst crime, which takes away the life and happiness of an individual. It disregards the honor of the women and makes it difficult for her to stay normally in society. In some cases the marriage between victim and guilty is materialized but this no way out and creates extreme pressure on the victim. This crime can have no scope of any form of settlement or reducing or modifying of the punishment. In other words, any kind of settlement is prohibited in Rape cases.


By Poonam Kaushik, High Court Advocate, Delhi 


Thursday, 13 August 2015

Maternity and Paternity Leave Laws India In Hindi and English

Laws about Maternity and Paternity Leave in Private or Government Sector 

Central Work Minister Bandaru Datray has put forward the maternity leave benefit agenda in parliament on Monday. The government is working on extending the maternity leave from three months to six months. It is important to know more about maternity and paternity leave laws. Let us have a look - 

The maternity leave rule was formed in 1961. This provided leave benefits to women who are about to become mothers while their work period. The first laws for mothers benefits came into action in the first international labor conference in 1919. In this leave to female employees for 6 weeks prior to pregnancy and then 6 weeks after pregnancy was put to action. Some amendments were made in it in 1952.

Some important points under maternity leave benefit Law -

No employer can deliberately put any female employee to work before six months after her abortion or pregnancy.

Female employee would be entitled for total 12 weeks of leaves, i.e. six weeks prior and six weeks later after pregnancy.

A female employee can ask the employer to give her light/easier work, ten weeks prior to pregnancy. This step has been taken for the better health of the woman and her child. She would have to submit a written notice for the same to the employer 7 months prior to due date.

If the female employee cannot be present to avail her salary then she can appoint some person on behalf of her for the same.

Until the newborn is of 15 months of age, the female employee would be entitled for two breaks in the day of 15 minutes each for feeding her child.

For the operation of abortion and sterilization, all female employees are entitled for 6 weeks of leave with pay.

Any female would be entitled for maternity leave if she has worked minimum for a year earlier in the organization and has worked for at least 80 days in a year.


The Maternity benefits-

If the female employee is not well then she can be granted one more month of leave other than 12 weeks of maternity leave.

No female employee can be terminated during pregnancy nor can be kept devoid of her maternity benefits. If such is the case then she can appeal under appellate authority within 60 days of joining the job.

Her salary cannot be decreased while she is pregnant. If that happens then the concerned person can be jailed for three months and fined up to five thousand rupees.

Many amendments have also been added to the maternity laws. As the amendment in 2008 says all female employees, becoming mothers would be entitled for a medical bonus of thousand rupees.

All those females who are not on roll of the company will also avail the benefits of maternity leave laws under the 1961 benefits rule. This was amended under the case of female employee of municipal corporation Delhi. The law states that benefits should be given in such a ways that the female employee gets healthier to take care of her baby.

The appeal for increasing the maternity benefits from 12 to 24 weeks was done at 44th Indian Labor Conference.

Paternity Leave -

Under paternity leave, the male employee can avail 15 days paid leave to take care of his wife and child. This can be availed by the male employee twice in his work tenure. The main difference between maternity and paternity leave is the number of days granted for the male employee is fifteen with pay.

Maternity and Paternity Leave
Maternity and Paternity Leave

Nandita Jha, High Court Advocate, Delhi

Wednesday, 5 August 2015

Godrej Group introduces unlimited sick leave policy

Employee can take as many days off as he/she is unwell


The group earlier had an annual sick leave quota of 10 days that could be accumulated. It has done away with that and introduced a policy where if someone is sick he/she needs to keep the supervisor informed and can take as many days off as he/she is unwell.
Godrej says that after introducing this system of unlimited sick leaves recently, the average number of sick leaves taken by its employees has come down to 8 days per year from 9.2 days a year two years ago. "Contrary to popular belief that you give the employee a facility and it will be misused, we actually see employees getting far more conscientiousness in terms of looking at things like this," said Mitra.
Also, Godrej's new building in Vikroli campus has no attendance recording. There is only swipe which is for security and access. "We are removing the policies and infrastructures that bind you," said Mitra.
Making a big change in its hospitalisation and insurance policy, the group has reduced the number of levels to just two from 5-6 slabs earlier. This means all managers, from the managing director down to an entry level manager, will have the same hospitalisation limit. The limit for internal company coverage on hospitalisation at Godrej is set at Rs 6 lakh. Also, the company will now take care of 50% of the hospitalisation expense beyond the limit.
Going forward, the group plans to have just one level, giving a salesman the same hospitalisation benefits as the managing director.
Also, this year the group has taken a conscious focus on gender diversity. It has created a full-time team of senior managers who will be focusing on gender and has set specific gender diversity targets for group companies for the next three years. To monitor this, the group has set up a diversity council that consists of all business heads. It has also started sensitisation and training around diversity for all employees and runs a network on women.
To encourage cross functional movements, the group has made a policy decision that any job in Godrej will be advertised to everyone across the group.
Earlier jobs were advertised internally to the same business. If one is selected for a post, his/her employer must release that employee within three months.
News Source - http://articles.economictimes.indiatimes.com/2015-07-17/news/64535480_1_godrej-group-strong-employer-brand-sumit-mitra

Maternity Leave to be granted for Surrogacy

Maternity Leave should be granted for Surrogacy too

Delhi High court has cleared this recently that those women working in government jobs who become mothers through surrogacy are also entitled for maternity leave. According to court if such women are not given maternity leaves then it is harmful for both the child and the mother. The court specified that to not grant maternity leave to women is to close our eyes towards scientific development of the world. In January, Kerala High court gave the verdict in an important case that there could be no discrimination between a genetic and a surrogate mother. Therefore, the surrogate mother can also avail all benefits like the genetic mother.

This should be known that in the above case the Kerala Animal development board’s deputy chairperson was not allowed maternity leave by stating that she is not a genetic mother of the child. The Madras high court also gave a similar decision in 2013. The question here arises that why only the genetic mothers get maternity leave and those women who cannot give birth to their own child and opt for surrogacy are not allowed the same and have to ask help from court. In addition, another question is when a women who adopts a child is given maternity leave then why not the women who opts for surrogacy. The central complaint pension and training department had asked the states to give equal rights and benefits to those women who adopt and become a mother but many states did not abide by these rules. Many big private companies provide monetary benefits and maternity leaves for women who adopt a child but in these cases, also there is no mention of surrogacy motherhood.

Profit and Loss myopic view-


The profit and loss myopic view of companies is making the confidence of women weaker. Motherhood is considered a personal thing and so government and private companies see it as a burden on them. That is why there are discrepancies in granting the maternity leave of 90 to 180 days. When a woman takes care of a child then she plays an important role in the development and growth of the country. The laws will be successful only when they amend as per changing scenarios. Uttrakhand Government had taken the decision to grant maternity leave to women who become mothers through surrogacy in 2014. However, such a decision needs to be taken in the whole country.

Maternity Leave to be granted for Surrogacy
Maternity Leave to be granted for Surrogacy

# Ritu Saraswat social worker -

Monday, 27 July 2015

E Tourist Visa Indian Government

E Tourist Visa 

E tourist visa has been trending a lot lately. E tourist visa is the new name for earlier term visa on arrival. There are some advanced requirements for this like Return ticket etc. Let’s find out more.


E Tourist Visa
E Tourist Visa 

Visa means Visitors International Stay Admission. This was acquired from a Latin name Charta visa. Charta visa means that document which is important to see/check. This is a legal permission for any person to travel in a foreign country. Visa is valid for a limited time and is given upon the presentation of the passport. Different countries have various visa rules. Indian government has recently made many amendments in the visa rules and E Tourist visa is one of them. Let’s understand its process in detail.

As visa on arrival term created some misunderstandings in tourist’s minds so the government has changed the term to E Tourist visa now. E Tourist visa is given to international travelers. 

In India it’s imparted to those people who are going out of India for a short visit for travel, medical or meeting family and friends’s or business purpose. Visa’s validity can be up to six months starting on arrival date. The requirements are to have at least two plain pages left on the passport to be used by travel authorities and should have return ticket or further travel itinerary with them .

E Visa facility is available in 150 countries which doesn’t include Pakistan. If a traveler has Pakistani passport then they have to apply to Indian consulate mission for visa. Around 72 counters in India have e visa facility including 9 airports of Delhi, Mumbai, Chennai, Kolkata, Hyderabad, Bengaluru, Kochi, Thiruvananthapuram and Goa etc.

May 2015 trended with around 15659 tourists arriving in India on E – Tourist visa and previous year had around 1833 tourists arriving on E Visa so this sector saw a growth of 754.3%.

DR. SARMISTHA SARMA

Associate professor at the IIT and Management (Affiliated to Guru Gobind Singh Indraprastha University, Delhi)

Commission and ways to invest in Mutual funds

Commission to be paid upon investing in Mutual funds but there is one direct option to save commission.

People want to invest in mutual funds upon seeing the returns gained by them but it should be understood first that it requires commission to be paid upon investing in them. Only one option doesn’t imbibe commission. If taken from bank then also commission is to be paid. But if this commission is saved then its added into profits to give increased returns. This is a direct plan which needs to be understood.


Commission and ways to invest in Mutual funds
Commission and ways to invest in Mutual funds

Mutual funds are the best and most safe profit bearing investments right now. The portfolio of investors can become very sound upon investing in mutual funds. It’s also a good option to be investing for a long time. It’s controlled completely by SEBI so it’s easier to manage. One also has the ability to change their portfolio any time and reduce their risks. Still it is seen that small investors have full control over their investments and so they are well informed about it. In 2008 due to restrictions upon mutual fund entry load and new technology, many agents had stopped promoting mutual funds but many new ways of selling and buying them also came into preview in those times.

Ways to invest in Mutual funds-

By AgentsThis is the most common way to invest in mutual funds. In order to become an agent one has to undergo training and pass the exam and upon which the concerned agent gets the license of a mutual fund distributer and can start selling various schemes in Mutual Fund Company. Such agents can be found commonly around us.

AMC Investment Service Center - SEBI(Securities and Exchange Board of India) had regulated a circular in September 2012 in which there were directions for mutual fund companies to present a direct plan for their investors. This was in aid of those investors who wanted to invest without any help of an agent. In this billing is less as the commission is saved which mutual fund companies give to agents.

CAMS – Cams is the transaction processing and record keeping agency of various mutual fund companies. One can also invest in mutual funds directly through Cams office. Registration is required for the same. To avail online facility one can log to mycams online utility. However this is only for the Indian investors. The holders can be one or two people so that upon death others can be benefitted. SIP/SWP/STP are not available in this.

Demat Account If one has a demat account then they can take any scheme under it. But it can be used only to invest in regular plan and not direct plans.

Banks – One can invest in mutual funds through banks where selling/buying of mutual funds takes place. In this case bank works as an agent and would also get commission upon your mutual funds.

Online PortalsNowadays with the availability of many technological gadgets people themselves invest in mutual funds through many online portals and are quite used to this idea. One can directly log to MC website and invest. If this isn’t suited to some then there is also an option to go on online transaction platforms. For ex: Funds India, which also works as an agent but it gives one the liberty to buy/sell online and to switch over and scheme and also helps in taking money out.

#Abhinav Gulechha, RIA, ACA, CFP- personal finance specialized 

Laws against Women Harassment in Hindi and English

A girl was teased and harassed in Delhi. When FIR was placed with police, the criminals stabbed her to death by knife slashing her 35 times. Now Eve Teasing comes under non-bailable crime. There is no Hindi term coined for “Eve Teasing”. It simply means women’s harassment of any kind. Looking at a woman with bad intentions, teasing, snooping, keeping a watch on them and following them comes under unsocial and illegal activities.

Laws against Women Harassment in Hindi
Laws against Women Harassment in Hindi

Mostly we read about news of hidden cameras in malls and hotels which are used illegally to take women’s pictures. In May 2015 in Baghara village of Mujaffarnagar, three women had to jump off a moving bus in order to save their honor as the driver behaved in an inappropriate manner with them. Many complaints are filed regarding eve teasing of women who travel by train. Also men snoop over women from neighboring houses. All these cases come under the criminal act of eve teasing. There have been many riots because of these cases. Honor killing is seen in these cases by groups, where some of these cases are registered but most are sorted out of court.

Now let’s understand Sec 354 under the Indian penal code clearly and in detail. This section is registered under any case of eve teasing and sexual harassment. The case is registered for violating woman’s respect and honor deliberately and knowingly without her consent. The punishment can be from 1 to 5 years of jail and fine. Under section 23 (2) of Indian penal code any crimes coming under it have been made as a non settlement case outside court since 31/12/2009.Before this amendment this crime could be settled outside court with consent of the woman involved who was harassed. After amendment in 2013 of sec 24 (g) this crime has been made non-bailable since 3/2/13.


In last 5 years only 51 cases have been registered under the act of eve teasing at Delhi lower court. Out of which only 5 cases were proved and punishment has been imparted. Due to lack of evidence around 30 criminals were set free. Under the constitutional Para 14, 15 and 21 any kind of teasing and harassment of women is a non bailable crime. Supreme Court gave instructions to the states in 2012 to curb eve teasing which included female police to be posted in public and sensitive areas in normal clothes. The companies and corporations should help the police in safeguarding the honor of women.Schools, colleges, cinema halls, parks and other public places should have proper CCTV cameras installed. If eve teasing happens in public vehicles, then the driver or other concerned need to report it to the nearest police station. All states have been instructed to start female helpline.

#Article Published in Dainik Bhaskar from Nandita Jha, High Court advocate, new Delhi

Thursday, 23 July 2015

How to Activate UAN based registration

How to Activate UAN based registration

What is UAN? The Employees' Provident Fund Organisation has decided to allot a Universal Account Number (UAN) to all members of the PF. 


PF EPF Withdrawal |Common Questions about Provident Fund Withdrawal

Common Questions about Provident Fund Withdrawal


PF EPF Withdrawal

Wednesday, 22 July 2015

labour law reforms


"The changes in the Payment of Bonus Act would raise the salary limit for getting a bonus from Rs 10,000 per month to Rs 19,000, and are at an advanced stage with a draft Cabinet note being moved earlier this month for comments from ministries," said a senior labour ministry official. Separately, the government is initiating stakeholder consultations to amend the Maternity Benefits Act of 1961 and the Payment of Gratuity Act of 1972, the official added.




Wednesday, 15 July 2015

Retirement income distribution strategies

Retirement income distribution strategies


Manikaran Singal: A Certified Financial planner 


Adoption rules procedure and guidelines in India in Hindi

Adoption rules in India are complicated


Adoption rules in India are complicate
Adoption rules in India are complicated 

Dr Sunita Khariwal K C Law College, Mumbai 


Thursday, 2 July 2015

Employee Scrutiny Law in Hindi

Employee Scrutiny Law


Nandita Jha, Advocate High Court, New Delhi

#EmployeeScrutinyLaw

Monday, 29 June 2015

Govt may increase eligibility limit of bonus from 10000 to 21000

Central Government is considering to increase the eligibility limit of bonus from 10000 to 21000.

bonus eligibility limit from 10000 to 21000
Bonus eligibility limit from 10000 to 21000

The payment of Bonus (Amendment) ordinance 2007 according to which section 12 of the payment of Bonus Act 1965 had been amended raising the ceiling for calculation purpose from salary of 2500/- P.M. to Rs.3500/-P.M. w.e.f. 01.04.2006. And also amended the Payment of Bonus Act, 1965 to raise the eligibility limit for payment of bonus from the salary or wage of Rs. 3500/- per month to Rs. 10000/- per month. 




Central Government employees are regularly given Productivity Linked Bonus(PLB). Each department announces its bonus days in the month of September. But, since there was an upper limit, only small amounts were given as bonuses. CG Employees Federations all over the country were demanding that the limits should be raised.

Friday, 26 June 2015

Divorce laws and child custody india

Understand divorce laws and child custody in India

divorce laws and child custody in India
Divorce laws and child custody in IndiaVandana Shah,  Advocate, Family Court, High-court, Mumbai 



Goods and Services Tax (GST) in Hindi

Understand Goods and Services Tax (GST


Goods and Services Tax (GST)
Goods and Services Tax (GST



DrMeenakshi Dhariwal-Dean Academics

IBS, Mumbai


Tuesday, 23 June 2015

Income tax Saving - Insurance is better option

To save income tax, insurance is better option from many other option available in market- 
Read how- 

To save income tax, insurance is better option

#Incometaxsaving
#insurance

Friday, 5 June 2015

Anukampa Niyukti Rule Policy and Law in Hindi

In Hindi -Anukampa Niyukti Niyam, Policy, Law and Cases
Rule and orders

Anukampa Niyukti Policy, Law and Cases

From Advocate Poonam Kaushik, Delhi High Court

anukampa niyukti Niyam rule law and Niyam in Hindi




Thursday, 28 May 2015

Juvenile Justice Act amendments is justify or not

Juvenile Justice Act amendments is justify or not 

Juvenile Justice Act amendments is justify or not

Vandana Shah, Advocate, Mumbai

Wednesday, 6 May 2015

Sukanya Samriddhi Yojana in Hindi

Sukanya Samriddhi Yojana in Hindi- सुकन्या समृद्धि खाता

Is Sukanya Samridhi Yojana for you ? बेटी बचाओ, बेटी पढ़ाओ योजना के तहत Sukanya Samriddhi की घोषणा 2 दिसम्बर 2014 को की गई | जिसमे मुख्यतः ब्याज एवं टैक्स संबंधी लाभ दिए जायेंगे

बेटियों की उच्च शिक्षा के लिए सुकन्या समृद्धि योजना शुरू 

Sukanya Samridhi Yojana


Details for Sukanya Samriddhi Yojana in Hindi 

Wednesday, 29 April 2015

NPS vs EPF

NPS Vs EPF

In what can be a blow to the Employees’ Provident Fund, and a big push to the National Pension Scheme (NPS), employees will now be able to choose between investing in either of two instruments-

Understand both -

NPS vs EPF
NPS vs EPF

Jitendra Solanki,
Financial Planner