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  • Aug 24, 2019
    There are terms of employment directing to the precise factors that the employees in the private sector are governed by. Ample of laws like Payments of Bonus Act, Equal Remuneration Act, Payment of Gratuity Act, staff Provident Fund and Miscellaneous Provisions Act, Employees’ State Insurance Act, Maternity benefit Act, etc.Some more basic laws like the right to safe working place with basic amenities, right to appropriate working hours, right to any assured incentive, etc. Are also protected under the law. Here’s a listing of essential rights of an employee beneath the varied laws and regulations: Provident Fund (PF): Employee Provident Fund Organization (EPFO) is the national organization that manages this retirement benefits scheme for all salaried employees of the company. It’s a compulsion that an organization with more than 20 employees, is legally required to register with EPFO strictly. Maternity benefit: The Maternity Benefit Act, 1961, provides for prenatal and postnatal advantages for a feminine worker. , the duration of paid leave for a pregnant female employee is increased to 26 weeks, including eight weeks of postnatal paid leaves after the amendments made in 2017. Employment Agreement: These days the norm is to enter into an employment agreement that details the terms of employment like, compensation, place of work, designation, work hours, etc. The rights and obligations of each the leader and employee are listed out clearly like non-disclosure of confidential information and trade secrets, timely payment, provident fund, etc. In the case of a dispute, the agreement also contains a mechanism for effective dispute resolution. Gratuity: The Payment of Gratuity Act, 1972 provides a statutory right to an employee in service for over 5 years to gratuity. It is one of the retirement benefits given to the employee. It is a lump sum payment created in a gesture of gratitude towards the employee for his or her service.Timely and honest Salary: the whole purpose of providing service for an employee is honest and applicable remuneration. Article 39(d) of the Constitution provides for equal pay for equal work. The laws under The Equal Remuneration Act, The Payment of Wages Act, mandates timely and fair remuneration of an employee. Right to Leaves: An employee has the right to paid public holidays and leaves like casual leave, sick leave, privilege leave, and other leaves. For every 240 days of work, an employee is entitled to 12 days of annual leave. Prevention of sexual harassment at the workplace: Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women from molestation at the workplace. The Indian Penal Code also provides a penalty of up to three years imprisonment with or without fine.
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  • Jul 13, 2019
    Equality is getting gender unbiased - Wife's Rights for property! Women were not supposed to have as much share in property as men had and this has been a privilege for men. Property rights of women in India remained ignored and unaddressed because of the entitlement men passed. In 2005, the courts declared that Indian women would have a right to a share in property just like a man of the family did. It is tough to put the minute details of how property rights of women in India effectively stand. But we’ve made an attempt to give a glimpse of the same. The status of a woman in terms of relationships has been further analyzed in terms of the major law categories. Previously a woman was entitled for a share in husband’s properties, but there was no quantum defined as per law, it would be any percentage depending on the case, but now with this suggested change, a woman will have an equal sharing without any condition in all the residential properties owned by husband. But in this case, women will have to specifically apply for her share, she should be aware about this law about 50% share. A major change in this amendment is that this rule is applicable to all the properties of the husband acquired before and after the marriage, whereas as the earlier law made sure that the wife gets share only in those properties which are acquired by husband only after marriage. Now men stand to lose on this front, in-case things go sour with wife. Below are some of the grounds categorized on the castes of the wives, accordingly.Hindu: A married woman has full right over her property and is the sole owner whether it is gifted, inherited or earned by her. She has the right to gift this to anyone whether in parts or as a whole. The married woman has the right to receive maintenance and shelter from her husband. If the husband is a part of a joint family, she has the right to shelter and maintenance from the family as well. In the case of partition of a joint family property, the wife has the right to a share equal to as any other person. When her husband dies, she has the right to an equal share of his part, jointly with her children and his mother. Muslim: The wife has the right to maintenance as any other wife, if any, and to take action against her husband if he discriminates against her. She has the right to maintain her control over her personal property and goods. The wife in case of divorce has the right that the husband makes fair and reasonable provision for her future which includes her maintenance. The wife has the right to mehr’ as per terms of contract accepted at the time of the wedding. She has the right to inheritance to the extent of one-fourth when there are no kids and if there are kids then to the extent of one-eighth.Christian: The wife has the right to receive maintenance from her husband, and if he doesn’t do so, she has the right to ask for the divorce. The wife on the death of her husband has the right to receive a one-third share of his estate, and the rest is divided among his children equally.
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  • Jul 10, 2019
      Everything You Need To Know About Paternity.   A paternity or parentage action is a legal proceeding in which a man is officially deemed to be the father of a minor child. Paternity suits are filed for a variety of reasons. It may be commenced by an alleged father seeking custody or visitation, a mother seeking child support, a child seeking to establish a parental relationship or the state seeking reimbursement for public assistance. Only a person or entity with standing can file a paternity action. Standing simply refers to a party’s justification for filing a suit.  With some exceptions, only four main parties have standing to file a paternity action: a mother, an alleged (or putative) father, the child, or the state. A paternity action begins with the filing of a petition or a complaint or a suit affecting a parent child relationship. A petition should set out why the party believes a particular man is the father of the child as the subject of the suit. Some states have enacted laws to create presumptions regarding paternity. Presumptions are assumptions the law makes regarding relationships. For example, most states will legally assume that when a child is born to a married couple, the husband is presumed to be the father of the child. State laws will also govern the timing of paternity actions. Where paternity of the child is in question, a party may ask the court to determine paternity of one or more possible fathers called as putative fathers, typically based upon sworn statements and then upon testimony or other evidence. Once paternity has been legally established, if the court finds that to do so would be contrary to the best interest of the child, in most of the courts it may deny DNA testing or decline to remove a husband from a child's birth certificate based upon DNA testing. A successful application to the court results in an order assigning paternity to a specific man, possibly including support responsibility and/or visitation rights, or declaring that one or more men possibly including the husband of the mother are not the father of the child. A disavowal action is a legal proceeding where a putative father attempts to prove to the court that he is not the father; if successful, it relieves the former putative father of legal responsibility for the child. 
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  • Jul 06, 2019
    E-commerce has revolutionized the whole era! E-commerce or Internet commerce is nothing but a process of buying/selling of goods using the internet. In 1994 on 11 August, a man sold a CD to his friend online for the first time and established e-commerce on NetMarketing website. It is predicted that by 2020, e-commerce will provide $27 trillion for global retail e-commerce. Basically, there are four types of e-commerce;  Business to Consumer (B2C):  When a business sells a good or service to an individual consumer. E.g.: Buying a bag from an online retailer. Business to Business (B2B):  When a business sells a good or service to another business. E.g.: A business sells software-as-a-service for other businesses to use.  Consumer to Consumer (C2C):  When a consumer sells a good or service to another consumer. E.g.: Selling a good online to another customer.  Consumer to Business (C2B):  When a consumer sells their own products or services to a business or organization. E.g.: An influencer offers exposure to their online audience in exchange for a fee, or a photographer licenses their photo for a business to use. Some of the advantages for the organizations, costumes, and society are detailed below; For organizations, E-commerce improves the brand image of the company. It helps an organization to provide better customer services, helps to simplify the business processes and makes them faster and efficient. It majorly helps in reducing the paperwork. Organizations can expand their market to national and international markets with minimum capital investment and can easily locate more customers, best suppliers, and suitable business partners across the globe. For customers, it provides 24x7 support. Customers can inquire about a product or service and place orders anytime, anywhere from any location. It provides users with more options and quicker delivery of products and users with more options to compare and select the cheaper and better options. A customer can put review comments about a product and can see what others are buying, or see the review comments of other customers before making a final purchase. For society, Customers need not travel to shop a product, thus less traffic on the road and low air pollution. It helps in reducing the cost of products, so less affluent people can also afford the products. E-commerce has enabled rural areas to access services and products, which are otherwise not available to them. It helps the government to deliver public services such as healthcare, education, social services at a reduced cost and in an improved manner.  
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  • Jun 14, 2019
    EFFECTS OF REPEALING OF STATUTES  Society is never static but always dynamic and change is the supreme law of human society. To keep pace with this trend, every legislature responds to changing social, political, economic and other conditions through the instrumentality of enacting new laws or repealing the existing laws. Meaning of repeal Repeal : is the abrogation or destruction of a law by legislative enactment. A substitution of one legal provision by another is in fact a repeal. Accordingly, where the schedule to an Act is substituted by a new schedule, sec. 6 of the General Clauses Act, 1897 would apply and the rights and liabilities incurred under the repealed schedule would be enforceable even after the repeal. A new law re-enacting the provisions of an earlier enactment, with or without modifications, nonetheless repeals that enactment, either expressly or by implication.There is no difference at all between a case where the legislature says that a particular section will stand amended in a particular way and a case where it says that the section stands repealed and its place will be taken by a new section if the new section is the same as the amended section. Sec. 6 of the General Clauses Act, 1897 is applicable whether it is repeal or amendment and there is no reason for giving any different effect to these two methods which achieve the same result. But the suspension of a statute for a limited time is not repeal. Repeal may be either total or partial. It is a total repeal when a statute is abrogated in its entirety and partial when there is abrogation or modification of a provision of a statute only. Consequence of Repeal of Statute Under the common law rule the normal presumption of repealing a statute without a saving clause is to obliterate it from the statute-book as completely as if it had never been enacted except as to transactions past and closed. As a result, no proceeding under the repealed statute could be commenced or continued after the repeal and all incipient rights and all causes of action that might have arisen under the repealed statute came to an end with the repeal. But this presumption has been rebutted and the necessity of inserting a saving clause in each and every repealing statute has been rendered unnecessary for sec. 6 of the General Clauses Act, 1897. This section provides as follows: Section 6: Effect of Repeal Where this Act, or any Act of Parliament or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered there under; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) after any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.   Repeals have prospective Operation only It is well settled that parliament being the supreme legislative authority subject to the constitutional limitations under Article 65 has the plenary power to pass any law on any subject both prospectively and retrospectively. But in the absence of any express or implied provision in the Act to indicate that the Act will have retrospective effect, the Act would apply prospectively.Whenever an Act, whether amending or repealing, is enacted, it would have operation prospective in nature unless a contrary intention can be ascertained from the consideration of all the relevant provisions of the repealing law. But where the intention as to being retrospective is doubtful the statute would be construed as prospective only. However, in determining the effects of repeal, a distinction is drawn between statute dealing with substantive rights and statute dealing with procedure only.
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  • Jun 13, 2019
    ENERGY LAWS IN INDIA India is the world’s eleventh largest economy by nominal GDP and fourth largest by Purchasing Power Parity. The eleventh five‐year plan of India’s Planning Commission set an ambitious target of 9 percent GDP growth for the plan period (2007‐2012). Critical to the ability to sustain this growth going forward is the availability and affordability of energy. According to the report of the Expert Committee on Integrated Energy Policy, in order to maintain a sustained growth of 8 percent through 2031‐32, India needs to increase its energy supply by a factor of three to four times and its electricity generation capacity/supply by a factor of five to six of their levels in 2003‐04. At the same time, there is recognition of an imperative need to minimize spending on petroleum products, which are progressively becoming costlier, and to increasingly rely on renewable energy sources.At present, India’s energy supply is skewed in favor of non‐renewable energy sources. India is one of the largest buyers of crude oil in world, while it meets most of its demand for coal through its sizable domestic reserves. However, the country has actively begun to explore other avenues, such as nuclear power and solar power. Initiatives such as the Jawaharlal National Solar Mission, the objective of which is to establish India as a global leader in solar energy, have been launched. India also possesses the fifth largest wind power industry in the world and is currently adding a capacity of 1,800‐2,000 megawatts (MW) every year. India has also been laying the groundwork for a major expansion of its nuclear power capacity. India is expected to have 20,000 MW of nuclear capacity by the year 2020. India also plans to supply 25 percent of electricity from nuclear power by the year 2050. India’s future nuclear power ambitions are also fuelled by the fact that it controls 25 percent of all known thorium reserves and is actively pursuing research into the thorium fuel cycle in its quest for an indigenous alternative to uranium.   Major Players in the Energy Sector in India a) Electricity: The National Thermal Power Corporation (NTPC), National Hydro Electric Power Corporation and the Power Grid Corporation of India are the major public sector players. The main private sector players include Tata Power, Calcutta Electricity Supply Corporation Limited, Reliance Infrastructure and Adani Enterprises. b) Oil and gas: Oil production in India is dominated by the Oil and Natural Gas Corporation (ONGC) and Oil India, which control up to 85 percent of India’s total oil production. Other players include Bharat petroleum Corporation Limited (BPCL) and Hindustan Petroleum (HP). ONGC is also major player on the natural gas production front, while the Gas Authority of India Limited (GAIL) is the major player in the transmission and distribution of natural gas. Except for Reliance Industries Limited (RIL) and Cairn India Limited, no private players have carved out a key role in this sector. c) Coal: India’s coal production is dominated by Coal India Limited and Singereni Collieries Company. d) Renewables: The sector is dominated by private players like Suzlon Energy Limited, Tata BP Solar and Moser Baer Private Limited.   Energy trading with neighbouring countries The per capita electricity consumption is low compared to many countries despite cheaper electricity tariff in India. Despite low electricity per capita consumption in India, the country is going to achieve surplus electricity generation during the 12th plan (2012 to 2017) period provided its coal production and transport infrastructure is developed adequately. India has been exporting electricity to Bangladesh and Nepal and importing excess electricity in Bhutan. Surplus electricity can be exported to the neighbouring countries in return for natural gas supplies from Pakistan, Bangladesh and Myanmar. Bangladesh, Myanmar and Pakistan are producing substantial natural gas and using for electricity generation purpose. Bangladesh, Myanmar and Pakistan produce 55 million cubic metres per day (mcmd), 9 mcmd and 118 mcmd out of which 20 mcmd, 1.4 mcmd and 34 mcmd are consumed for electricity generation respectively. Whereas the natural gas production in India is not even adequate to meet its non-electricity requirements. Bangladesh, Myanmar and Pakistan have proven reserves of 200 billion cubic metres (bcm), 1200 bcm and 500 bcm respectively.There is ample opportunity for mutually beneficial trading in energy resources with these countries. India can supply its surplus electricity to Pakistan and Bangladesh in return for the natural gas imports by gas pipe lines.Similarly India can develop on BOOT basis hydro power projects in Bhutan, Nepal and Myanmar. India can also enter into long term power purchase agreements with China for developing the hydro power potential in Brahmaputra river basin of Tibet region. India can also supply its surplus electricity to Sri Lanka by undersea cable link. There is ample trading synergy for India with its neighbouring countries in securing its energy requirements.
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  • Jun 05, 2019
    Article 21 of the Constitution of India guarantees right to life and personal liberty. But, does one have the right to take their own life? The straightforward answer to that is no because that is suicide and attempt to commit suicide is illegal as per section 309 Indian Penal Code, 1860. But, can one take his own life if he/she is in a vegetative state? That is called Euthanasia.   Active and passive euthanasia In active euthanasia a person directly and deliberately causes the patient's death. In passive euthanasia they don't directly take the patient's life, they just allow them to die. This is a morally unsatisfactory distinction, since even though a person doesn't 'actively kill' the patient, they are aware that the result of their inaction will be the death of the patient. Active euthanasia is when death is brought about by an act - for example when a person is killed by being given an overdose of pain-killers. Passive euthanasia is when death is brought about by an omission - i.e. when someone lets the person die. This can be by withdrawing or withholding treatment: Withdrawing treatment: for example, switching off a machine that is keeping a person alive, so that they die of their disease. Withholding treatment: for example, not carrying out surgery that will extend life for a short time. Traditionally, passive euthanasia is thought of as less bad than active euthanasia. But some people think active euthanasia is morally better.   There are so many cases where people would prefer to die rather than live in undesired conditions. Many countries are embracing the idea of euthanasia after careful consideration behind the reasons and motives and proper consultation among well respected physicians but it is still illegal in India. In India, active euthanasia is punishable under Section 300 Exception 5 of the Penal Code. There was this one case study that happened in India in 2004 where a terminally ill boy, Venkatesh, of 25 years was seeking the court’s permission to peacefully end his life, so that he could donate his viable organs to the people in need. He had muscular dystrophy, an incurabledisease, his muscles from his legs to neck had stopped functioning and the life support system was letting him breathe. Doctors said that he won't survive once he is taken off the ventilator and he had also developed serious chest infection besides dystrophy. His days were numbered but he wanted to die before his organs are infected and be in no shape for harvesting. He consciously made the decision that he wanted to end his life to help others. The court, of course, DENIEDhis appeal to give someone else a chance of living when he had none. Maybe if the court would examine the case more closely or would consider the pros and cons of similar cases around the world they could have reached a more reasonable decision considering humanitarian appeal of a poor boy to fulfil his 'last wish' without arbitrarily rejecting the request. The main reason euthanasia is such a controversial topic is because it can be easily misused and used to commit murder. There was a case in the US where a felon convicted of murder and rape requested to be euthanized as he didn’t want to live his entire life in prison, and his argument was that he was mentally disturbed. This I believe would be a malpractice as the victim and the families of the victims had to suffer everyday whereas he could get an easy way out. But if we take adequate measures and establish enough safety measures while each case is carefully analysed by experts I think it is a very plausible option that should be at least considered by courts. First of all, we need to ask ourselves a question - Does Article 21 of the Constitution guarantee a 'right to life' or a 'liability of life'? Now if it is 'right to life', let's ask another question - Is a right to be enjoyed or to be forced upon? According to me, with all due respect to the honourable courts and their decisions, the answer to the second question is "A right is to be 'enjoyed' and not 'forced upon'. While making euthanasia illegal, we are doing nothing but forcing the 'right of life' upon a person for whom life is nothing but a burden, he/she no longer wishes to endure. We are forcing him to live a 'cursed life' which is full of mental and physical torture, pain and agony; a life which we already know is not going to subsist for long.   Supreme Court of India had issued a landmark ruling in March 2018 allowing "passive euthanasia", declaring that individuals have the right to die with dignity under strict guidelines. In its decision the country's highest court permitted its citizens to draft a "living will" that specifies that life support not be given in the case of coma. Passive euthanasia allows the withdrawal of medical treatment with the intention to hasten the death of a terminally-ill patient. The decision was in response to a petition by a non-government organisation, which argued that a person with terminal illness should be given the right to refuse being placed on life support. One of the most famous arguments against euthanasia is that life is sacred and was against our morals.  Marriages too were considered sacred once.  Abortion was murder. But values change. Society and the courts need to recognise that.In India there is the Society for the Right to Die with Dignity located in Mumbai that is working to spread awareness and acceptance among people by presenting solid research and facts. The word euthanasia in Greek literally translates to ‘good death’, so why don’t we try and define the word as its definition?
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