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Showing posts from July, 2022

Cyber Harassment

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  Cyber Harassment Laws in India: Your Rights & Remedies Users in India are active on a variety of social media platforms, making India one of the countries with the fastest-growing social media presences worldwide. Social media users may nonetheless become entangled in the murkiness of Cyber harassment, regardless of the platform. Cyber abuse and harassment are terms that are frequently used interchangeably. It is "the pervasive or severe targeting of an individual or group Cyber through damaging behaviour," according to PEN America. According to a 2017 newspaper article, four out of every five Indians had some experience with internet harassment. In addition, because of how pervasive Cyber harassment is, victims are occasionally in the dark about it. Types of Cyber Harassment Some of the most common forms of Cyber harassment are: Trolling T he practice  of stirring up conflict and animosity in an Cyber group by posting off...
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 Surrogacy Surrogacy (Regulation) Act: The Surrogacy (Regulation) Bill was first presented in the Lok Sabha on July 15 , 2019 , and it was then forwarded to a select committee. On February 5 , 2020 , the report was presented to the standing committee following a comprehensive amendment of the Bill. Later, the Bill was approved by both houses of Parliament during the winter semester of 2021. The President gave his signature to it, and it became effective in January 2022. What is Surrogacy ? According to the Act, "surrogacy" is the practise of a woman bearing a child for a prospective couple with the goal of giving it to them after birth. Only those with noble intentions or couples who have a documented infertility or sickness are allowed to use it . Surrogacy is not allowed to be used for prostitution, sales, or any other types of commercial exploitation. In addition, once the child is born, it will be legally recognised as the couple's biological child. Such a foe...

GST- One Country One Tax ?

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 What is GST in India? GST is known as the Goods and Services Tax. It is an indirect tax which has replaced many indirect taxes in India such as the excise duty, VAT, services tax, etc. The Goods and Service Tax Act was passed in the Parliament on 29th March 2017 and came into effect on 1st July 2017. In other words, Goods and Service Tax (GST) is levied on the supply of goods and services. Goods and Services Tax Law in India is a comprehensive, multistage, destination-based tax that is levied on every value addition. GST is a single domestic indirect tax law for the entire country. Before the Goods and Services Tax could be introduced, the structure of indirect tax levy in India was as follows: Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. All the inter-state sales are chargeable to the Integrated GST. Now, let us understand the definition of Goods and Service Tax, as mentioned above, in det...

POSH ACT

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POSH ACT   THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 ACT NO 14 OF 2013 [22nd April, 2013] An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business with includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognized  human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination again...

Hydrogen Cars

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 HYDROGEN CARS: THE GENZ’S VARIATION      Is there a future in hydrogen cars? This has been the main contention among the new age individuals as a recent announcement has been made by the Minister of Road Transport and Highways of India, Mr. Nitin Gadkari has stated that India would be moving towards use of hydrogen engine vehicles by 2030 which also means that the use of petroleum for running vehicles would also be limited and reduced. The need of the electric vehicles as a substitute against the already running petroleum vehicles but due to the high cost and price of the electric vehicles which led to electric vehicles becoming unaffordable for the middle class population of India which was not serving the purpose for which electric vehicles were introduced. DRAWBACKS OF OTHER VARIANTS OF VEHICLES:  The other variants of vehicles have been in existence in the market for a long time such as petroleum and CNG variants, however due to their high prices and harmfu...

Dowry Death

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Dowry Death Introduction Since time we have seen so many offences against women, where they are tortured and one such offence is dowry death. We all must have heard many cases related to the death caused to a woman for the demand for dowry. It’s very disgraceful for a society where a woman dies for not being able to give dowry and also very shameful where dowry is still being practiced.  Dowry death is defined in Section 304B of the Indian Penal Code, 1860. Also Section 113B of the Indian Evidence Act,1872 states the presumption as to dowry death. Dowry Death Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the woman will be considered as a dowry death. Punishment for dowry death is a minim...

CRUELTY AGAINST MEN

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CRUELTY AGAINST MEN( MENTAL HARASSMENT) GROUND FOR DIVORCE   Hindu Marriage Act, 1955 has been dealing with cruelty as a ground of divorce regardless of any religious denomination and is available to all sections of society against whom such cruelty has been initiated.  Section 13 of the Hindu Marriage Act provides for cruelty as grounds for divorce which is defined as unjustifiable conduct that may cause danger to life, limb, or health of a person which may be understood as physical cruelty.  Another form of cruelty which section 13 provides for is the mental harassment of a person with the intention of causing distress, discontentment and depression to the suffering party   Cruelty is mostly used as a ground of divorce by women in order to act as a judicial ground for divorce with the balance of the weight turning in favor of the female petitioner in case of divorce.  However, various High courts and even the Hon’ble Supreme Court in various judgements an...

Marital Rape in india

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MARITAL RAPE IN INDIA: AN EXCEPTION Marital Rape in India has been one of the main contentous and debatable topics clogging around the legal system in India attracting eyes and opinions of various legal judicials. Marital rape gained influence as soon as it attracted the golden articles of the Constitution and questioned the institution of marriage as it is considered to be a sacred and a religious act in India and proposing charges on account of sexual obligations in marriage would definitely breach trust of both parties to marriage and would also lead to improper use by the parties thereby influencing justice and violating principles of law. PROVISIONS OF LAW REGARDING MARITAL RAPE: Section 375 of the Indian Penal Code, 1860 details the provision for marital rape in India which provides detailed charges of rape, however exception (2) of the said section provides that though all acts of sexual intercourse though are charged as rape, one such act by the husband with his wife in consumm...

SURROGACY

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Surrogacy A type of pregnancy in which a woman carries and gives birth to a baby for a person who is not able to have children. In a surrogate pregnancy, eggs from the woman who will carry the baby or from an egg donor are fertilized with sperm from a sperm donor to make an embryo. The embryo is implanted in the uterus of the surrogate mother, who carries the baby until birth. Surrogate pregnancy may be an option for men or women who want to have children and have had certain anticancer treatments, such as chemotherapy or radiation therapy, that can cause infertility. Types of surrogacy Altruistic (non-commercial) surrogacy: The birth mother does not receive any payment. This is allowed in Australia. Some states allow reasonable reimbursement of the surrogate mother's medical expenses.  Traditional surrogacy: The surrogate mother provides her own egg, which is inseminated with the commissioning father's sperm. Since the baby is biologically the surrogate mother's ...