These are the five must-know rights of all private sector employees in India guaranteed by various Indian laws:

1. Safe Work Environment

As per the various Labour Laws enacted in our country, it is the right of the employees to work in a safe environment. It is the duty of the employer to provide basic amenities like safe drinking water, proper washrooms and all the safety equipment required for working.

2. Protection From Sexual Harassment

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, has been enacted by the government to prevent sexual harassment at workplaces.

The employer has to protect a working woman from any kind of sexual harassment and set up an internal complaint committee for addressing issues of sexual harassment. The Indian Penal Code of 1860 also penalises the offence of sexual harassment with imprisonment up to three years, or fine, or both.

Related: What Are the Legal Consequences of Sexual Harassment at the Workplace?

3. At Least the Minimum Wage

Article 23 of the Indian Constitution provides every citizen with a right against exploitation. Under this article, forced labour is prohibited, meaning that a worker cannot be forced to work against their will or below minimum wage.

Also, under Indian legislation, the Minimum Wages Act of 1948 has been enacted, prescribing minimum wages for different types of employment and different classes of workers in the same employment.

4. Equal Pay for Equal Work

As per section 5 of the Equal Remuneration Act, 1976, it has been stated that equal pay should be given for equal work, and there should not be any discrimination based on gender. Men and women should be paid equally for the similar nature of work.

5. Timely Payment of Salary

As per section 5 of the Payment of Wages Act, 1936, the salary must be paid to employees in a timely manner. If salary is not paid timely, employees can file a complaint before the Labour Commissioner to resolve the dispute.

Read Next: What Is Moonlighting and What Are Its Impacts?

What Are the Rights of Private Sector Employees in India?
Ankita Trivedi

Due to the Medical Termination of Pregnancy (Amendment) Act, 2021, now an unmarried woman can also seek abortion on the grounds of contraceptive failure. If the unmarried woman is above 18 years of age and is pregnant on account of contraceptive failure, in that case, she can get her pregnancy terminated legally up to 20 weeks under the Medical Termination of Pregnancy Act, 1971.

The Amendment Act 2021 has also increased the gestation limit from 20 to 24 weeks only if:

1. pregnancy is due to sexual assault like rape;
2. pregnancy is harmful to the physical and mental health of the baby or mother;
3. the baby may develop physical abnormalities after birth;
4. due to contraceptive failure.

If the pregnancy is up to 20 weeks, in that case, only one doctor’s consent is required. And if the gestation period is between 20 to 24 weeks, then two registered medical practitioners’ consent is required. In case the girl is below 18 years of age, then her guardian’s consent is also required.

Under section 312 and section 313 of the Indian penal Code, 1860, if anyone forces a woman for abortion and causes miscarriage without the woman’s consent, they shall be punished with imprisonment for life or imprisonment up to ten years and fine.

Further, under section 5A of the Medical Termination of Pregnancy Act, 1971, if a registered medical practitioner reveals the name and other details of the woman whose pregnancy has been terminated, in that case, they shall be liable for imprisonment up to one year or fine or both.

Read Next: What Is the Roe vs Wade Case? Explained in Easy Words

Is an Unmarried Woman Legally Allowed To Have an Abortion in India?
Ankita Trivedi

In this post, you’ll study the two main schools under Hindu Law: Mitakshara School and Dayabhaga School. Later, you’ll also briefly know about the four sub-schools: Benaras School, Mithila School, Bombay School and Madras School.

1. What Is Mitakshara School Under Hindu Law?

Mitakshara is the school of Hindu Law that owes its name to the Vijnaneshwara Commentary. It prevails over the whole of India except Bengal and Assam. Also, it prevails in Bengal and Assam on all those matters on which the Dayabhaga School of Law is silent.

Mitakshara, in terms of the law of succession, is based on the principle of propinquity, which is the nearest blood relation. It excludes females from inheritance and is based on agnates over cognates.

• Propinquity means the state of being close to someone or something; proximity; close kinship; affiliation.
• Agnate means a person descended from the same male ancestor.
• Cognate means a blood relative, especially on the mother’s side.
• Related: Important Words, Terms and Phrases of Hindu Law

As per the Mitakshara School, sons have a right by birth in the joint Hindu family property, and the interest of each coparcener is fluctuating, as death may augment it and birth may diminish it. Also, neither the father nor any other coparcener has a right to alienate joint family property.

Related Law Note: Male and Female Succession under Hindu Succession Act, 1956

2. What Is Dayabhaga School Under Hindu Law?

Another main school of Hindu Law is the Dayabhaga School, which owes its name to the Jimutavahana digest. It prevails in Bengal and Assam and deals only with partition and inheritance.

Dayabhaga School is based on principles of religious efficacy of spiritual benefit and does not lead to agnates over cognates. Under this school of Law, no such birthright in terms of succession is given to the son.

Also, there is a specified and ascertained share in the joint family property, and interest does not fluctuate on birth or death. The coparcener has full right to alienate his undivided share in a joint family property, unlike the Mitakshara School of Law.

Sub-Schools of Hindu Law

Basically, these are the schools under the subcategory of main schools and were followed in small regions. There are four such sub-schools under Hindu Law. These are:

1. Benares School

This school extends to the whole of north India except rural Punjab, and the main authorities are Virmitrodaya and Nirnaya Sindhu.

2. Mithila School

This school extends to Tirhut and certain districts of northern Bihar.

3. Bombay School

This school extends to western India, including the whole presidency of Bombay as well as Berar.

4. Madras School

This school extends to southern India, including the presidency of old Madras.

Under the Hindu Succession Act, 1956, one uniform law of inheritance belongs to all Hindus, irrespective of whatever schools or sub-schools they may belong to.

Read Next:
1. What Is the Procedure of Registration of Hindu Marriages in India?
2. List of Important Sections of Hindu Law
3. What Is Criminology and Four Important Schools of Criminology?

What Are the Two Main Schools and Four Sub-Schools Under Hindu Law?
Ankita Trivedi

In a developing country like India, there is always a scope for change and improvement. This article goes through some laws adopted by many developing countries, which can also be implemented in India. These are controversial laws, and various petitions have been filed in High Courts and the Supreme Court to adopt and enforce these laws in India.

1. Marital Rape as an Offence

Marital rape is when a husband has a sexual relationship with his wife without her consent.

In countries like Sweden, Brazil, Malaysia, marital rape is a criminal offence, and the husband gets penalised if proven guilty. In India, marital rape is recognised under the Protection of Woman from Domestic Violence Act, 2005. Under the said Act, marital rape can be a ground for getting a divorce. The exception under section 375 of the Indian Penal Code, 1860, states that marital rape does not come under the definition of rape.

Marital rape is nowhere criminalised under Indian Laws, but petitions have already been filed before Indian courts for criminalising marital rape as an offence.

Must Read:
1. Why Marital Rape Should Be Criminalised and Why It Shouldn’t
2. What Is the Legal Status of Marital Rape in India?

2. Qualification of Politicians

In countries such as Singapore, Canada there are eligibility criteria that disqualify politicians with a serious criminal history. In India, there are no such criteria. Any person who is a citizen of India can become a politician. Politicians are the ones who run the country, and this responsibility should be on people who are well educated and do not have any serious criminal history.

3. Limited Working Hours

Many countries such as New Zealand and France have limited their working hours. This initiative is introduced to separate the professional and personal lives of people. In India, laws must be framed relating to defined working hours. Also, these laws must be properly implemented, and penalties should be imposed for non-compliance. These laws should apply to professionals as well as sole proprietors in India.

4. Free Education

Czech Republic, Sweden, Norway, Germany, Brazil, Austria and many more countries provide free education to students. In India, as per Article 21A of the Constitution of India, free and compulsory education is provided to children between 6 to 14 years of age. But in India, free education is not provided for higher studies. Education is a fundamental right that should be provided to everyone at all stages.

Related: Special Education Laws in India

5. Same-Sex Marriages

Same-sex marriage is also known as gay marriage, i.e. a marriage of people of the same gender. Twenty-nine countries, including New Zealand, Costa Rica, Sweden, and Switzerland, have recognised and legalised same-gender marriages.

In India, the law is silent on same-sex marriage; it is neither legal nor illegal. Instead, same-gender couples are free to stay in live-in relations and have many rights provided by the Supreme Court in various judgments. However, several gender-neutral laws are still lacking to be implemented in India.

Check Out: Live-In Relationship in India – Is It Allowed by Law?

6. Gender Neutral Laws

Countries such as France, Sweden, Switzerland and many more around the world have gender-neutral laws. In India, most of the laws are to reduce agony and cruelty on a woman and not men. Laws about sexual harassment, maintenance, domestic violence, rape, etc., all relate to women rights and favour women.

7. Transgender Laws

After the 2019 Act and NALSA judgment, transgender was recognised as the third gender in India but only after sex reassignment surgery. To obtain a gender change certificate, a person has to apply for a change in gender certificate. This certificate is granted only after proof of surgery is submitted before the district magistrate. Therefore, the right of transgender to self-identify their gender is violated in India. Brazil, Columbia, Argentina, Norway, Greece are some countries that have recognised the right to gender self-identification.

Related: Transgender Persons Protection of Rights Act – Key Points

Read Next:
1. What Is a Foreign Judgement and When It’s Not Binding in India
2. What Are Pressure Groups and Their Role in Indian Polity
3. What Is International Law and Why People Should Respect It?

7 Foreign Laws That Should Be Adopted in India
Ankita Trivedi

Non-Disclosure Agreements (NDA) are confidential contracts legally binding on the parties and involve sharing of sensitive information and the terms within which the information is required to be disclosed. NDAs are formed to keep information private and have clarity on when the information can be disclosed.

These agreements are entered into by businesses and organisations while recruiting candidates for employment or dealing with negotiations.

NDAs are agreements that require the name of the parties, description of the confidential information and when and where it can be used, penalties imposed on breach, duties and obligations of the parties, and miscellaneous provisions.

Non-Disclosure Agreements are governed by the Indian Contract Act, 1872, where it’s nowhere mentioned that registration of NDA is mandatory. But to ensure the validity of NDAs, it is suggested to get them registered under the Registration Act, 1908, and stamped. This will make the agreement more reliable as evidence in court.

NDAs can also create an atmosphere where one party can believe that the other party does not have trust. This can generate differences between the parties and hamper their relationship. NDAs can also be inserted as clauses in contracts.

Non-Disclosure Agreements can be unilateral in cases where a company gets the agreement signed by its employees to keep sensitive information private and confidential. NDAs can also be bilateral where it is signed by two businesses to keep negotiations protected. Multilateral NDAs are signed between three or more parties where one party discloses sensitive information which is to be protected by the other parties.

Read Next:
1. Registration of Documents Under the Registration Act
2. Prevention of Oppression and Mismanagement in Companies
3. What Is Criminal Breach of Trust in IPC
4. What Are Wagering Agreements Under the Indian Contract Act

What Is a Non-Disclosure Agreement?
Ankita Trivedi

Section 482 of the Criminal Procedure Code confers power on the High Court and Court of Sessions to grant anticipatory bail when the applicant believes that he can be arrested for a non-bailable offence.

The term anticipatory bail is nowhere defined in the CrPC but has been interpreted as bail in anticipation of arrest in Balchand Jain vs the State of Madhya Pradesh (1976).

Nowadays, many blanket orders are passed by High Courts granting relief to a party by staying investigations and preventing arrests. This article focuses on the interpretation of blanket order given in various judgments.

“NO COERCIVE MEASURES TO BE ADOPTED/TAKEN”

The phrase mentioned above is nowadays used by many High Court judges while passing interim orders. The Hon’ble Supreme Court stated it in Neeharika Infrastructure Pvt. Ltd vs the State of Maharashtra decided on 13.04.2021 that passing such interim orders, which act as a blanket order and protects an accused in cognizable cases, affect the right of investigating agencies to investigate. These orders, when passed without assigning any reasons, result in the passing of cryptic order, which is impermissible. Also, it was stated that while dismissing a petition filed under section 482 of the Criminal Procedure Code, seeking quashing of FIR, a blanket order cannot be passed to protect the accused from arrest.

In Savitri Agarwal & Ors vs State of Maharashtra & Anr (2009), it was stated by the Supreme Court that while granting bail, no blanket order should be passed. While passing anticipatory bail, specific offences should be mentioned for which bail is granted, also conditions must be imposed for uninterrupted police investigation.

In the State of Kerala vs Ansar, the Kerala High Court stated that a blanket order cannot be passed against all sorts of accusations in cases where no crime is registered.

Read Next: What Are the Arguments Against and in Favour of the NJAC Act

What Is Blanket Order?
Ankita Trivedi

White-collar crimes are nowhere defined under Indian Law but have been used in many judicial proceedings. White-collar crimes involve non-violent financial frauds committed by individuals, businesses and government officials with high social status.

Common white-collar crimes include bank fraud, bribery, cybercrime (hacking, child pornography, copyright infringement, cyber terrorism), money laundering, etc. They are practised in different professional fields like legal, healthcare, education, sports and government sectors.

The cause of white-collar crimes in India includes greed, competition, lack of awareness, strict laws, and people’s necessities. These crimes are evidenced in professions like legal, engineering, medical and educational institutions.

The Harshad Mehta scam is a white-collar crime wherein he – in the name of Grow More Research & Asset Management Limited – a security firm in 1990, invested money in the stock market, due to which the prices of shares increased. However, the huge amount of money that he invested was obtained by misappropriating bank funds and was an act of money laundering.

Many other such cases like the Punjab National Bank and Nirav Modi fraud case, the 2G scam and the Commonwealth Games scam are examples of white-collar crimes.

Under Indian Laws, punishments are provided for various white-collar crimes in the Companies Act, 2013; the Income Tax Act, 1961; the Indian Penal Code, 1860; the Prevention of Corruption Act, 1988; the Negotiable Instrument Act, 1881; the Prevention of Money Laundering Act, 2002; and the Information Technology Act, 2005.

Section 447 of the Companies Act (2013) provides punishment for committing fraud. The person convicted under this section shall be imprisoned for a minimum of six months which may extend to 10 years. Section 448 of the Companies Act (2013) deals with punishment for false statements such as returns, reports, certificates, financial statements, or other documents. Section 449 of the Companies Act (2013) deals with a punishment of a minimum of 3 years which may extend up to 7 years for a person convicted for furnishing false evidence.

Read Next:
1. 7 Categories of Crime as Per the Indian Penal Code
2. What Is Fraud Under the Indian Contract Act
3. 7 Kinds of Defaults and Their Penalties Under Tax Law in India

What Are White-Collar Crimes?
Ankita Trivedi

Given below are some laws in India related to pornography:

1. Selling and Distribution of Pornographic Material.

Under section 292 of the Indian Penal Code, 1860, it is punishable to sell, distribute, exhibit, circulate, import or export any obscene picture, painting, writing, book, pamphlet or drawing which is lustful or lewd or depraves or corrupt another person.

The accused can be punished with imprisonment up to 2 years and a fine of up to Rs. 2000 for the first conviction. And for subsequent conviction, imprisonment can be extended up to 5 years and a fine up to Rs. 5000.

2. Selling and Distribution of Pornographic Material to a Young Person.

If any person sells, distributes, exhibits or circulates any obscene picture, painting, writing, book, pamphlet or drawing which is lustful or lewd to a person below eighteen years of age shall be punished for first conviction with imprisonment up to three years and fine up to Rs. 2000. And for subsequent conviction imprisonment up to seven years and a fine up to Rs. 5000.

3. Obscene Acts and Songs in a Public Place.

If any person does any obscene act in a public place like, singing, reciting or uttering obscene songs or words which creates annoyance to others, it is a punishable offence. The accused shall be punished with imprisonment up to three months or a fine or both.

Nowadays, pornographic material is mainly available in electronic form, due to which section 67A and section 67B of Information Technology Act, 2000 was enforced.

Section 67A of the Act makes the publication, transmission of sexually explicit acts or conduct in the electronic form punishable. The accused shall be punished with imprisonment up to five years and a fine up to Rs. 10,00,000. This imprisonment is extended up to seven years in case of a subsequent conviction.

Section 67B of the Act makes the same offence given in the preceding section punishable if it involves sexually explicit acts depicting children.

What Are the Laws Related to Watching Pornography in India?

Watching porn in private spaces is not illegal in India as per Article 21 of the Indian Constitution, which gives the right to life and personal liberty to Indian citizens. This was also orally remarked by the Supreme Court of India in 2015.

Read Next:
1. Obscenity Laws and India – Detailed Law Article
2. What Is POCSO Act and What Rights It Provides to a Child

What Are the Laws on Pornography in India?
Ankita Trivedi

To change your name in India, you are required to draft an affidavit with details such as current name, old name, current address, the reason for name change (marriage, legal, numerological) and more.

This affidavit is to be signed by two witnesses who are gazette rank officers. Also, the applicant has to get the affidavit stamped by a local notary officer with the desired stamp paper fee, whose minimum value must be Rs. 10.

Once the affidavit is notarized, the applicant must publish this information about the name change and the affidavit in one English and one regional language newspaper. If any person has any objection to the name change, they can approach the Controller of Publication.

Newspaper Ad Format for Name Change:

“I, XYZ, residing at 167, Pocket- 3, Sector- 27, Rohini, Delhi- 110089, have changed my name as ABC was sworn in front for Notary on 31.10.21. I have submitted an affidavit to this effect also.”

Once the above-said steps are completed, an application is to be submitted before the Controller of Publication of the State for name change along with the affidavit and photograph of declaration deed published in the newspaper, address proof, identity proof (PAN Card, Aadhaar Card, Passport) and passport size photograph of the applicant.

After submitting all these documents with the gazette notification, the department verifies the information provided and checks the documents.

Within three months from the date of submission of documents, the applicant’s name will be changed in the gazette, and one copy of the name change will be delivered to the current address of the applicant.

What Are the Legal Steps to Change Your Name in India?
Ankita Trivedi

Section 354 of the Indian Penal Code, 1860, deals with assault or criminal force to a woman with intent to outrage her modesty. This section is enacted to protect a woman against indecent assault as well as safeguard public morality and decent behaviour.

Ingredients of this section include criminal force or assault used on a woman, and the accused had an intention to outrage woman modesty.

The term woman’s modesty depends on the facts and circumstances of each case. Punishment to the accused under this section involves the imprisonment of a minimum of one year and a maximum of five years.

Two Important Cases Related to Outraging a Woman’s Modesty

Here are the views of the Supreme Court of India in cases related to outraging a woman’s modesty

1. In Ram Kripal vs State of Madhya Pradesh, the Supreme Court of India defined modesty. In this case, the accused argued that he should not be held guilty of an offence of rape under section 375 of IPC, as he was guilty of outraging a woman’s modesty.

The court rejected his view and stated that the essence of a woman’s modesty is her sex. The court explained that the act of pulling a woman, removing her saree, together with a request for sexual intercourse, would be an outrage to the modesty of the woman.

The court also stated that section 375 IPC involves “sexual intercourse”, which includes penetration, which in itself is sufficient to constitute an offence of rape.

2. In the State of Punjab vs Major Singh, the accused had injured the vagina of a seven and a half-month-old child by fingering. The Indian Supreme Court held that the essence of a woman’s modesty is her sex, young or old, intelligent or imbecile, awake or sleeping; a woman possesses a modesty capable of being outraged.

You must also read:
1. What Are the Laws Related to Acid Attacks in India?
2. What Is the Legal Status of Marital Rape in India?
3. What Are the Rights of a Woman During the Arrest?

What Is Outraging a Woman’s Modesty Under Section 354 IPC?
Ankita Trivedi