Security measures can be taken by women to save the evidence

These security measures can be taken by women to save the evidence

Every day we hear of eve teasing, bad behavior, and rape cases against women. Sometimes when the complaint is registered at a later period the evidence gets lost and the victim does not get justice. Also sometimes, such evidence are kept to frame someone. Such evidence is tested in medical laboratories and thus are decided whether the victim is telling the truth. The victim in cases of rape, eve-teasing, and misbehavior should be very careful regarding the evidence. If a woman has been raped then it is important that she does not change her clothes or keeps the clothes safely. In addition, she should not brush her teeth or take a bath before medical examination. Because then the evidence against the criminal can be lost. As this evidence are related to the body, thus these are important. When such evidence are not found then the case is moved forward according to the circumstantial evidence.

Security measures can be taken by women to save the evidence

Since the rape victim is not herself in her condition after the act, the people accompanying her should force the police for medical examinations firstly. A special kit is used to test the evidence on the victim and it is noted whether she has been affected with any sexual diseases.

She should be given antiretroviral within 72 hours of the act. If the victim has been drugged during the act then her urine sample is also must. In rape cases, other evidence like men hair, sperm, blood and saliva’s should be collected. If his is not done quickly then the person who is with the victim should tell the authorities to do the same. These samples are taken so that the DNA profile of the criminal can be formed and he can be put behind the bars.

The earlier two-finger test was used in rape cases. Now it has gone out of practice, is not considered in the test, and is banned now. The present kit has many stages like Debris collection, In between Finger, Nails scraping etc. These kits are given in every hospital of the country.

It should be stated here that in Bill Clinton and Monica Lewinsky case she had saved her undergarments for the proof. The lawyer can accompany the victim in such cases. In addition, the forensic tests are done for free. All these evidence are valid on the court. In this way, the victim case becomes stronger and the criminal can be put behind the bars.

Other than the DNA samples, Torn clothes, breaking of hair and its condition, marks on the skin, saliva etc are also evidence in such cases. These security measures need to be taken in saving the evidence. The DNA profiling was not an easy step earlier in the court and was recognized after many trials and tribulations. Supreme Court had declared in Gautam Kundu vs. Bengal case that no one could be forced for a blood test but in the cases of Sharda vs. Dharmpal and Bhawani Prasad jina vs. conveyor secretary Orissa state commission of women it was stated by Supreme Court that DNA profiling does not interfere with anyone’s privacy rights.

·    The first DNA profiling was done in a court of England in 1986. In America, a case was finalized in 1987 after DNA profiling.

PF Withdrawal Rule - Want to withdraw PF money? hurry up

PF Withdrawal Rule - Want to withdraw PF money? hurry up

If you are not working from last 2 months and want to withdraw full PF money - do it now. Last date of full withdrawal is 30th April 2016.  Read News for more clarification - 

PF Withdrawal Rule

New Rules Highlights :-

1. The age of retirement has now been increased from 55 to 58 years.
2. Full EPF withdrawal on resignation will not be allowed. You can withdraw your contributions + interest portion only

Witness protection program Act Law

Only two sections in law for the Witness protection program 

Witness protection program Act Law : Whenever any crime happens, it is the duty of the police to protect the victim and the witness. The victim and the witness are both in a miserable state both inside the outside the court. Many times, they get warnings and are harassed. Sometimes the society cuts them off and this causes the witness to fall back from their stand. 

Under section 161 (3) the police record the testimony of the witness. But this is not applicable in the court under the section 161 (1). Actually, the purpose of this is to stop the witness from getting affected by anyone else’s decision. Sometimes the police also pressure the witness to speak what is required in a certain case. 

Supreme Court has specified about the witness protection program in protecting the witness and their identity. It has been specified that the witness protection program should be extended outside the court too. In the cases of rape and terrorism, the witness can have many dangers and thus their identity needs to be protected. 

Supreme Court had scolded the administration in the best bakery case. The inquiry agency was scolded for their irresponsible behavior. It was pointed out that there is a dearth of protection of witness in the country. 

Bhartiya Vidhi Ayog has put forward an application for a proper witness protection program recently. Many changes have been suggested in this. But the practicality of introducing this is at stake. 

R versus chief constable for kent and crown prosecution service matter was put in light and it was said that the inquiry agency should be responsible for the protection of the witness. This responsibility is of that state where the crime has been committed. As the victim is a victim of the failure of those state government policies also. Under Indian penal code 357, a victim compensation scheme has also been started. Under this insurance if the victim dies due to any injury hen 50000 rupees should be given to the surviving member of his family for the same. 

Witness protection program Act Law

A special fund has also been created for the victims of criminal cases in India. Under the cases of physical assaults, rape, murder, theft etc compensation is given to the victim by the government. This money is given to be used for the victim’s medical bills, loss in studies, damages to the home and agricultural damage etc. There is a process to avail this facility. A zila committee is there for this purpose where the collector heads the committee. The victim’s application is discussed upon in the committee and then put forward to the government for the compensation. 

This has been declared globally under human rights commission that each person during a hearing will be given equal rights. It can be anyone from the criminal to the victim to witness. Each tribunal or the court is there to help and be of service to the people. Under Indian Penal Code of 1872 of section, 151 and 152 there is no other provision for the safety and security of the witness in the country. Bharatiya Vidhi Ayog has done a commendable job in forwarding this application for commencing the witness protection program. 

•Such kind of compensation benefits was there in the times of Jahangir rule too in the country. 

By Dr Anil, National Law University, Mumbai 

Understand Rights in the new Real Estate Bill

What are our rights in the new Real Estate Bill?

Real estate bill is responsible for any dealing happening between land and house buyers and promoters. To keep a check on this the law has a provision to appoint a governmental body for the same. 

This bill is applicable to residential and commercial both kinds of properties. A real estate regulatory authority will be formed to look out after the non-movable property dealings on central and state levels. In a way, the government will keep an eye on our residential or commercial buying and selling of property. The main point in this applicability is that there is a provision of imprisonment on defaulters in both the cases of the builders or developers and the customers. If a customer does not work on the guidelines of the real estate regulatory authority then he/she can be imprisoned. Thus, it is also being said that the customers will think twice before going to a real estate regulatory body. This will be cleared after its regulation only. 

Understand Rights in the new Real Estate Bill 

Under this bill, all immovable property dealings whether commercial or residential need to be registered. There will be a detailed description of the builder’s deal, real estate agent, and architect. Designer, engineer etc. Along with this description promoter, layout, land asset knowledge, and all dealings would have to be mentioned clearly. 

If a promoter’s property and the promoter itself are not registered then they would have to pay a fine of 10% cost of the project. If they go against the rules of the real estate regulatory body then there is the provision of imprisonment of up to 3 years or 10 % of the project cost would be taken as fine. 

If any builder goes against the set rules and regulations of the governing body then he would have to pay a fine of 5 % of the total project cost. Same would be embarked upon the agent where the fine would be 10,000 rupees per day. Once this bill is in motion then there would be more transparency in this sector. 

Builders would be compelled to keep 70% of the project cost in a separate bank for safety purposes. This amount has been finalized so it can be used for the development of the project itself. However, the amount of 70% can be changed by the government. 

This bill will be a paving the way to change the law and judiciary services to a face track pace. So that the issues regarding real estate can be reached at a deciding point in a short time and the customer gets justice in time. There are 644 customer/ consumer courts in the whole of the country for the same. 

This bill was put forward by UPA government in the parliament in June 2013. But it was put forward by the stable committee. This bill was again forwarded after the coalition of Rajed government. The pravar committee of the parliament had submitted their report on the same in last year in July. This bill was passed by the cabinet in Dec 2015. 

Since there is very less land left in city areas the provision of land pooling is seen as a new step especially in the areas of Delhi, Maharashtra, Gujarat, Chhattisgarh, Tamil Nadu, and Punjab. 

By- Manoj Kumar, Supreme court advocate

HR Policy for Employees - Now daughter in law can take her mother in law to office

HR Policy for Employees - Now daughter in law can take her mother in law to office

A large number of women leave their jobs due to marriage and kids in the country. Now many multinational companies and tech firms are coming up with novae ideas to put a stop to this attrition. Some changes foreseen are as follows – 

• Paid maternity leave to be increased to 6.5 months.

• Mother in law to be taken to office with them

• Children to be taken on business trip etc

HR Policy for Employees - Now daughter in law can take her mother in law to office

The Indian government is also thinking about such a change. This way the GDP of India could increase to 2% by 2025. 

According to the report by Bloomberg, The main reasons for a woman to leave her job include marriage, kids, and friction with the mother in law. The companies are willing to give many new facilities to get the benefit of experienced working women. GE is starting a new program in India where the mother in law can visit the office and see the work done by her engineer daughter in law. The south Asia chief of GE, Ms. Ipsita Dasgupta says, “I have left my job earlier due to friction between me and my mother in law. My mother in law used to shout at my husband telling him to take his own food as I was busy in my work.” 

Teal Lease firm of Bangalore has agreed on the option of taking care of the children up to 5 years of age in the office premises through a caretaker. The company has 100 employees out of which 40% are females. The E- Payment company Pay tm is starting nursery house facility for women starting from the month of April. HCL technology is starting a coaching program for those women who remain in stress due to an imbalance between home and work. Citi group will give Rs. 132000 each year to take care of the children of the female employees. The global marketplace has more women employees when compared to India. Educated women leave their jobs due to family responsibilities. 

72% women are in stress-

According to a survey by a British company, around 72% of women are always in stress due to their family. They think on creating balance in the coming year between family and job. In addition, compared to Asia Pacific only 53% women there think in terms of family and job stress. 

HR Policy for employees -Spain has reduced the working day by two hours

HR Policy for employees -To save the marriage of employees, Spain has reduced the working day by two hours

The prime minister of Spain Mr. Marino Rajoy has decreased the daily working hours by two hours. According to him, this move is beneficial for the betterment of personal life of people. In this way, people can spend more time with their families. Also, another reason behind this move is to increase the childbirth rate and decrease the ratio of divorces. 

HR Policy for employees -Spain has reduced the working day by two hours

In lieu of this, the time, which used to be given to rest at lunchtime in the afternoon, would be wiped off. As that time cannot be utilized properly. Most employees sleep in the office and work productivity is decreased and not enough time can be spent with the family. 

At present, the working hours in Spain start from 10 am in the morning and continue until 8 pm in the evening. Two to five pm is supposed to be lunchtime. Three hours are given in the afternoon to be excused from work. This practice has been going on for a very long time. The story behind this practice is that this was followed to give respite to the people from the sun who used to work in the fields. But later this was being followed in government institutions also. 

Also, another reason why Spain wants to go ahead with the reduction in working hours is to keep the country at par with European standards. As the productivity in other European countries is far better than in Spain. The government had established a parliamentary committee for the same purpose in 2013. The committee had mentioned in their report that Flexible working hours need to be a part of our culture. The time given in the afternoon should be put an end to and working hours of government and private institutions should be reduced. 

According to the general public, this decision of the prime minister is influenced by the upcoming elections in June. Also along with this, Rajoy wants to bring GMT or Greenwich Mean Time back to the country. Earlier some companies in Sweden have decreased the working hours from eight to six hours. Also, the labor ministry is set on making a law in France, which works on the policy of Right to Disconnect. This will create a balance between people’s personal and private life. After this, no company shall be able to send emails to their employees to make them work from home.