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“War is not just the shower of bullets and bombs from both side, it is also the shower of blood and bones on both sides.” – Amit Kalantri Introduction – An act to unify and revise the legislation read more
“War is not just the shower of bullets and bombs from both side, it is also the shower of blood and bones on both sides.” – Amit Kalantri
Introduction
– An act to unify and revise the legislation governing the regular army’s administration.
Persons
subjected to this Act –
a. Officers, junior commissioned officers, and warrant
officers of the regular Army are subject to this Act.
b. Members of the Indian Supplementary Reserve Forces
are called up for service or performing the yearly exam.
c. Officers of the Territorial Army when performing
their duties as such officers, and enrolled members of the said Army when
called out, embodied or attached to any regular forces.
d. Officers appointed to the Indian Regular Reserve of
Officers when called upon to perform any duty or service for which they are
obligated as members of such reserve forces.
Importance
of Army – The Indian Army’s principal duty is to secure national security and
national unity, to protect the nation from external aggression and domestic
dangers, and to preserve peace and security inside its boundaries.
Role
of Army – The army is the component of a country’s military that battles on the
ground. Soldiers are members of the military. Soldiers execute a variety of
tasks, including shooting opponents and creating defensive trenchers. They are
employed to protect their nation or to assault the army of another country.
Commission
and appointment – The president may give a commission as an officer or a junior
commissioned officer to anybody he sees appropriate, or appoint anyone as a
warrant officer of the regular Army.
Ineligibility
of females for enrollment or employment – No female shall be eligible for
enrollment or employment in the regular Army, except in such corps, department,
branch or other body forming part of, or attached to, the regular Army as the
Central Government may specify in this regard by notification in the official
Gazette.
Mode
of Enrollment – If, after complying with the provisions of section – 13, the
enrolling officer is satisfied that the person desirous of being enrolled fully
understands the questions put to him and consents to the conditions of
services, and if such officer perceived no impediment, he shall sign and cause
such person to sign the enrollment paper, and to such individual is assumed to
be enlisted as a result.
Validity
of enrollment – Any person who has been in receipt of pay as a person enrolled
under this Act for three months and has been borne on the rolls of any corps or
department shall be deemed to have been duly enrolled, and shall not be
entitled to claim his discharge on the ground of any irregularity or illegality
in his enrollment, or on any other ground whatsoever, and if any person in
receipt of such pay and borne on the rolls as aforesaid claims his discharge
before the expiry of three months from his enrolment, no such irregularity,
illegality, or other ground shall affect his position as an enrolled person
under this act or invalidate any proceedings, act, or thing taken or done prior
to his discharge.
Conditions
of Service – tenure of service under the Act – Everyone subject to this Act
serves at the discretion of the President.
Termination
of service by the Central Government – Subject to the provisions of this Act
and the rules and regulations promulgated there under, the Central Government
may dismiss or remove any person subject to this act from the service.
Dismissal,
removal or reduction of officers by the Chief of the Army Staff and other
officers – Any individual subject to this act who is not an officer may be
dismissed or removed from service by the Chief of the Army Staff. Any warrant
officer or non – commissioned officer may be reduced to a lesser grade or rank
or ranks by the Chief of the Army staff. An officer with the authority of a
brigade or comparable commander, or any prescribed officer, has the authority
to dismiss or remove from service any individual serving under his command who
is not n officer or a junior commissioned officer.
Retirement,
release or discharge – Any person covered by this Act may be retired, released
or dismissed from service by the authority and in the manner authorized. A
person who is subject to the AA remains so until he is retired, released,
removed, discharged, dismissed or cashiered from the military. Though rules may
specify age limitations for obligatory retirement in certain positions,
everyone subject to the AA serves at the discretion of the President and so has
no entitlement to be maintained in service until he reaches such age limit.
Certificate
of termination of service – Every Junior commissioned officer, warrant officer,
or enrolled person who is dismissed, removed, discharged, retired, or released
from the service shall be issued a certificate by his commanding officer, in
both his native language and English, stating –
a. The authority terminating his service.
b. The reason for such termination;
c. The whole length of his regular Army duty.
Discharge
or dismissal when out of India – Any person enrolled under this act who is
entitled under the conditions of his enrolment to be discharged, or whose
discharge is ordered by competent authority, and who, when so entitled or
ordered to be discharged, is serving outside of India, shall be sent to India
as soon as possible before being discharged. Any individual enlisted under this
Act who is removed from the service and is serving outside of India at the time
of his dismissal should be returned to India as soon as possible.
Offences
in relation to the enemy and punishable with death – Any person subject to this
act who omits any of the following offences, namely – Shamefully abandons or
surrenders any garrison, fortress, station, place, or guard assigned to his
care, or which it is his responsibility to defend, or employs any methods to
persuade or encourage any commanding officer or other person to execute any of
the aforementioned actions intentionally employs any methods to coerce or
encourage anybody subject to military, naval or air force law to refrain from
acting against the enemy, or to dissuade such a person from acting against the
enemy.
The Veterans Cell was established in April 2013 as a single point of contact for veterans’ concerns and goals at Army Headquarters. Since then, its mission and charter have extended significantly to encompass read more
The
Veterans Cell was established in April 2013 as a single point of contact for
veterans’ concerns and goals at Army Headquarters. Since then, its mission and
charter have extended significantly to encompass topics other than traditional
pension and welfare concerns. It interacts not just with the AG Branch’s line
directors and welfare societies, but also with other directorates state
governments, skilling agencies, and placement partners across the country.
These expanded responsibilities necessitated the transformation of the Army
veterans cell into the Directorate of Indian Army Veterans (DIAV) under the AG
Branch. It now reports directly to the Adjutant general, giving the
administration of veteran issues in the Indian Army the respect it deserves.
DIAV’s Structure and Key
Characteristics:
The Directorate of Indian Army
Veterans (DIAV) will be divided into four departments. These are the following:
1.
Policy and Outreach Section: This will be the lead section and will serve as the
new directorate’s nerve center. The section, led by a director – level
official, will be the primary point of contact for all veterans, widows, and
wards. The portion is divided into three distinct desks. They are as follows
a.
The Monitoring
Station,
b.
The Veterans
Outreach Desk,
c.
The Data
Management and Web Portal Support Desk
The section is also in charge of running the Indian
Army Veterans Web Portal as well as any other portals or connections that the
organization may be asked to host in the future.
2.
Pensions & Entitlement Section: This part will be the directorate’s backbone,
responsible for all tasks relating to pensions and entitlements, such as
sanction, disbursement, and associated legal redress and correction. To offer
veterans, widows, and handicapped soldiers with the appropriate guidance and
support, the section will maintain strong cooperation with the Manpower
Planning and Personnel Services Directorate at AG Branch, as well as the Record
Offices and PCDA (O) & PCDA (P). This unit will eventually take over the
CPGRAMS tasks that are now performed by the Personnel Services Directorate at
Army Headquarters. The section will also host the Manpower Planning
Directorate’s databases on a shared basis in order to deliver real – time
information on personnel records to the retired fraternity.
3.
Benefits & Welfare Section: This unit is in charge of grievance handling for
all services considered acceptable to a veteran after retirement, such as
medical, education, housing, re – employment insurance, and so on. The section
will keep in touch with and cooperate with the AWPO, AWHO, AWES, AGI and ECHS
on any policy and delivery issues that affect the veteran community. This
division will also be solely responsible for the creation and operation of the
DIAV’s Veterans E – lobby.
4.
Skilling and Transition Section: This branch is in charge of pushing the Indian
Army’s Skilling effort, which is being carried out in partnership with the
Ministry of Skill Development and Entrepreneurship through National Skill
Development, in order to provide acceptable 2nd career alternatives
for prospective retirees. Skill training is not being provided at all Regt.
Centers by NSDC – accredited trainers. In 2017, DIAV assisted in the training
of almost 20,000 futures retirees. Concurrently, NSDC – aligned course are being
made accessible to army wives and wards at the numerous Army Skill Training
Centers opening in various Cantts and mil stns, providing them with national
accreditation get National Skill Qualification Framework (NSQF) certificates.
Support at
Veterans E – Lobby
The Veterans E – lobby is a one – of – a – kind facility that is currently
being built at the DIAV. Once operational, it will provide a variety of
advising services to veterans, windows, handicapped troops, and wards. The E –
lobby is intended to offer the following services:
1.
Banking Services:
Banking advice and services pertaining to pensions. The SBI and PNB service
centers have already been established, and they provide first – rate financial
advice and amenities to the veteran community.
2.
Disability Care & Support Services: At the E – lobby, a multi – brand facility has been
constructed to demonstrate new items for wounded warriors. These now include
Honda Motors and ALIMCO, both of which have been engaged in this industry. New
partners are being sought to provide our veteran community with high – quality
disability care and support goods.
3.
NSDC Skilling Services: At the E – lobby, a Liaison Office supported by the
National Skill Development Corporation (NSDC) is being constructed. This office
will host Liaison Officers/Consultants from several NSDC Sector skill councils
to advise institutions and people on potential possibilities for skill
development, evaluation and certification.
4.
Widow Care & Support Services: In due course a widows care and support office will
be constructed in the E – lobby. This agency will give expert advice to windows
and wards based on their specific requirements. On a functional level, this
office will work with the AWWA.
5.
Financial Advisory Services: In due time, the DIAV will also provide
professional financial advising services at the E – lobby. The experts will
provide veterans and widows with guidance on different financial products and
possibilities in order to safeguard the profitability and security of any personal
investments.
6.
Miscellaneous Services: As a welfare measure for veterans, DIAV has also
provided intra – cantonment transportation services. The DIAV van (8 – seater)
picks up and put off veterans at predetermined sites across the cantonment, in
line with established routes and timetables.
Our Achievements
Since its inception five years ago, the veterans cell, now known as DIAV, has
expanded its reach in a variety of ways. The data points below show the
Veterans Cell’s accomplishments.
· Resolved 23,730 out of 30,484 grievances in various
formats during fiscal year 2017 – 2018.
· Paid out Rs. 509.90 crores to 1,24,766 beneficiaries
since inception, including Rs. 42.43 crores to 7,010 recipients in FY 2018 –
2018.
· Approximately 24 EXSM rallies across the nation
received policy guidance and support.
· During the previous year, the Army Welfare Placement
Organization (AWPO) and its nodes offered 12000 employments across the country.
· The Indian Army Veterans Portal, which was launched
in June 2014, has had 15,14,372 hits as of January 15, 2018. Since its debut,
the Portal has also received 5,90,410 registrations and processed around 5,100
complaints.
Future Projects and Programs
DIAV will always strive to live up
to its slogan, ‘WE CARE & SUPPORT’. It is currently preparing to launch the
following programs in 2018:
· Veterans Contacts Program
· Widows Care and Support Program
· Disabled Soldiers Care and Support Program
· Anomaly in Veterans Pensions & Resolution
Program
Human trafficking is a big problem in India, despite the fact that it is illegal under Indian law. People are routinely trafficked illegally across India. Human trafficking is not only prohibited in India, read more
Human
trafficking is a big problem in India, despite the fact that it is illegal
under Indian law. People are routinely trafficked illegally across India. Human
trafficking is not only prohibited in India, but it is also unlawful worldwide.
Human trafficking is the world’s third largest criminal sector, after drug
trafficking and arms traffic. It is also the world’s fastest expanding criminal
activity. Human trafficking of people, usually for the purposes of slavery,
forced labor or commercial sexual exploitation for the trafficker or others.
This unethical commerce and exploitation of human beings in the twenty – first
century shows a sad condition of events that proves that human trafficking is
today’s greatest ethical concern.
It
depicts a contrasting picture of in equality among equals in terms of each
individual’s right to choose his or her own life, as trafficked victims are
forced to sell their innate freedom and are subjected to forceful enslavement.
Their cries for aid are lost in a sea of unremitting tyranny and widespread
apathy that has persisted for decades.
Human
Trafficking entails the forced removal of a person’s dignity and self – worth
in order to exploit the weak. Millions of people are trafficked in India each
year both locally and internationally. Human trafficking is thought to be the
fastest – growing business in the twenty – first century. This crime has an
unimaginable human cost and is one of the most heinous aspects of modern
society. Women and Children, unsurprisingly, make up the bulk of human trafficking
victims in poor nations, since they are the most disenfranchised members of
society. For men, women, and children trafficked for forced labor and
commercial sexual exploitation, India has become a source, destination and
transit county.
The United Nations
Office for Drugs and Crime (UNODC) States that
· 51%
Victims of trafficking are women, 28% children and 21% men.
· 72%
people who are exploited in this industry are women.
· 63%
of traffickers are men and 37% are women.
· 43%
of victims are trafficked to different countries.
Constitutional & Legislative
provisions related to Human Trafficking
·
Trafficking in Human Beings
or Persons is prohibited by Article 23(1) of the Indian Constitution.
·
The Immoral Traffic
(Prevention) Act, 1956 (ITPA) is the primary piece of legislation for
preventing trafficking for commercial sexual exploitation.
·
The Criminal Law (Amendment)
Act of 2013 went into effect, replacing Section 370 of the Indian Penal Code
with Section 370 and 370(A) of the IPC, which provide for comprehensive measures
to combat the menace of Human trafficking, including trafficking of children
for exploitation in any form, including physical exploitation or any form of
sexual exploitation, slavery, servitude, or the forced removal of organs.
·
The Protection of Children
from Sexual Offenses (POCSO) Act, 2012, which took effect on November 14, 2012,
is a unique legislation designed to protect children from sexual abuse and
exploitation. It defines several types of sexual abuse, such as penetrative and
non – penetrative sexual assault, as well as sexual harassment.
·
Other particular laws have
been passed in relation to the trafficking of women and children. Apart from
specific sections in the IPC, such as Section 372 and 373 dealing with the sale
and purchase of girls for the purpose of prostitution, the Prohibition of Child
Marriage Act, 2006, the bonded Labor System (Abolition) Act, 1976, the Child
Labor (Prohibition and Regulation) Act, 1986, and the Transplantation of Human
Organs Act, 1994.
·
State Governments have also
passed legislation to address the issue. (Example – The Punjab Prevention of
Human Smuggling Act, 2012)
Laws against Human Trafficking in India
There are various laws that deal with various types of trafficking, which are
listed below:
1.
The Indian Penal Code of 1860
Human Trafficking is predominantly prosecuted in India under the Indian Penal
Code, 1860.
The following are the key
sections:
General Provisions:
· Section 347 – Any person who unlawfully confines another person in order to
extort money from them or force them to commit criminal conduct faces up to
three years in jail and a fine.
· Section 357 – Anyone who uses assault or criminal force to illegally restrict
a person will be imprisoned for up to one year or fined up to one thousand
rupees.
· Section 363 – Anyone who kidnaps a person from India or from legitimate
guardianship is subject to imprisonment for up to seven years and a fine.
· Section 365 – Whoever kidnaps or abducts a person with the aim to covertly and
unlawfully detain him or her is punishable by imprisonment for up to seven
years and a fine.
· Section 370 – This clause defines trafficking as ‘anyone who, for the purpose
of exploitation, (a) recruits, (b) transports, (c) harbors, (d) transfers, or
(e) receives a person or individuals,’ by: First, threats are used, secondly by
force or other forms of coercion are used, and thirdly by abduction or
kidnapping, or fourth by committing fraud or deception, or fifth by abusing
power, sixth by the act of trafficking is committed by enticement, including
the providing or receiving of cash or advantages, in order to obtain the
permission of any person having control over the person recruited, transported,
harbored, transferred, or received.
· Section 506 – The penalty for criminal intimidation is imprisonment for up to
two years, a fine or both.
Special Provisions
Sex Trafficking
· Section 354(A) - Any man who engages in the
following acts:
i.
Physical Contact and
approaches involving unwanted and explicit sexual overtures.
ii.
A demand or request for
sexual favors.
iii.
The display of pornography
against the will of a woman.
Shall be imprisoned for a period of up to three years or fined or
both.
· Section 376 – The penalty for rape is imprisonment for a term of not less than 10
years and up to life imprisonment, as well as a fine or both.
Forced Marriage
· Section 366 – Anyone who kidnaps, abducts, or compels a woman to marry is
punishable by up to 10 years in jail and a fine.
Minors
· Section 366(A) – Procurement of a juvenile girl is punishable by imprisonment for up
to 10 years in addition to a fine.
· Section 366(B) – Importation of a female (under the age of twenty – one years) from
a foreign nation is punished by imprisonment for up to 10 years in addition to
a fine.
· Section 370(4) – if the offenses include the trafficking of one juvenile, the
punishment is imprisonment for not less than 10 years and up to life
imprisonment, as well as a fine.
· Section 370(5) – If the offenses include the trafficking of more than one
juvenile, the punishment must be imprisonment for not less than 10 years, with
the possibility of life imprisonment, as well as a fine.
· Section 372 – Anyone who sells children for the purpose of prostitution or
illicit intercourse with any person, or for any unlawful and immoral purpose,
is subject to imprisonment for up to 10 years and a fine.
Slavery
· Section 371 – Imports, exports, trafficking, purchasing, selling, and so on in
slaves are punishable by life imprisonment or a period of imprisonment not
exceeding 10 years, as well as a fine.
· Section 374 – Unlawful obligatory labor against the person’s will is punishable
by imprisonment for up to a year, a fine or both.
Aiding Human Trafficking
· Section 368 – Anyone who illegally conceals or confines a kidnapped or abducted
person must be punished in the same manner as the kidnapper or abductor
himself, namely with imprisonment for up to 10 years and a fine.
· Section 370(A)(1) – Whoever employs a trafficked juvenile in any way for sexual
exploitation shall be punished with imprisonment for a time not less than five
years, but which may extend to seven years, and may also be liable to fine.
· Section 370(A)(2) – Whoever employs a trafficked person in any way for sexual
exploitation shall be penalized with imprisonment for a time not less than
three years, but not less than five years, and shall also be liable to fine.
· Section 373 – Anyone who buys juveniles for the purpose of prostitution is
subject to imprisonment for a term of up to 10 years, as well as a fine.
2.
Immoral Traffic (Prevention) Act, 1956
This Act deals with Human Trafficking for the
purposes of Sexual Exploitation.
· Section 3 – The punishment for running a brothel is imprisonment for a duration
of not less than one year and not more than three years, as well as a fine of
up to two thousand rupees.
· Section 4 – The punishment for living on prostitution profits is imprisonment
for a time of not less than one year and not more than three years, as well as
a fine of up to thousand rupees. If a minor’s profits come from prostitution,
the punishment is imprisonment for duration of not less than seven years and
not more than 10 years.
· Section 5 – Procuring, inducing or taking a person for the purpose of their
prostitution, with or without their consent, is punishable by imprisonment
for term of not less than three years
and not more than seven years, as well as a fine of up to two thousand rupees,
and if committed against the will of any person, the punishment of imprisonment
for a term of seven years is extended to imprisonment for a term of fourteen
years.
· Section 6 – Detaining a person on premises where prostitution is practiced is
punishable by imprisonment for a term not less than seven years, but which may
be for life, or for a term that may extend to 10 years, as well as a fine.
Aside from the foregoing, this Act punishes offences such as
seducing or soliciting for the purpose of prostitution, prostitution in or near
public areas, and seduction of a person in custody.
3.
The Constitution of India, 1949,
· Article 23 – Human Trafficking and forced labor are illegal and penalized by
law.
· Article 24 – Stipulates that any kid under the age of fourteen must not engage
in any dangerous occupation such as a factory or a mine.
4.
The Trafficking of Persons (Prevention, Protection and
Rehabilitation) Bill, 2018 (Lapsed)
The goal of this law was to
combat human trafficking, provide protection and rehabilitation to victims of
human trafficking, and prosecute criminals. It was passed in the Lok Sabha on
July 26th, 2018, and was scheduled for passage in the Rajya Sabha,
but it expired.
Other specific legislation
relating to trafficking in women and children has been enacted, such as the
Prohibition of Child Marriage Act, 2006, the bonded Labor System (Abolition)
Act of 1976, the Child Labor (Prohibition and Regulation) Act of 1986, and the
Transplantation of Human Organs Act of 1994.
Landmark Judgments on Human Trafficking
1.
People’s Union for Democratic Rights Vs Union of India (1982) 3 SCC 235
While discussing the scope of Article 23 of the Indian Constitution, the
Supreme Court stated in this Judgment that “the word force must therefore be
constructed to include not only physical or legal force but also force arising
from the compulsion of economic circumstances which leaves no choice of
alternatives to a person in want and compels him to provide labor or service
even through the remuneration received for it is less than the minimum wage.”
2.
M C Mehta Vs State of Tamil Nadu (1996)
6 SCC 756
In this PIL, the Supreme Court outlined steps that should be implemented to
assist child labor victims and their families. We are of the opinion that the
offending employer should be asked to pay compensation of Rs. 20,000 for each
child employed in contravention of the provisions of the Act; and the
inspectors, whose appointments in envisaged by Section 17 to ensure compliance
with the provisions of the Act, Should do this job, stated the Supreme Court.
The inspectors appointed
under Section 17 would ensure that the employer pays Rs. 20,000 for each child
worked in contravention of the Act’s requirements, which money would be put in
a fund to be known as the Child Labor Rehabilitation – cum – welfare fund.
Even if the employer wishes
to discharge the currently employed kid, his responsibility does not end there.
It could be reasonable to establish such a fund on a district or region basis.
The resulting fund will establish a corpus, the proceeds of which will be
utilized only for the benefit of the kid in question. The quantum might be the
interest gained in the corpus put in the name of the kid. Funds can be put in
high – yielding schemes of any nationalized bank or other public agency to
produce more revenue.
3.
Bachpan Bachao Andolan Vs Union Of India (2011) SCC (5) 1
In this case, the solicitor general of India argued that each state government
should select an official who is in charge of enforcing child – related
legislation. It was decided that no kid will be robbed of his fundamental
rights provided by the Indian Constitution, which would lead to child
trafficking and maltreatment.
Human Trafficking is Global Business
According to the ILO study, commercial sexual
exploitation accounted for two – thirds of the anticipated total of US $99
Billion, while forced economic exploitation, which included domestic labor,
agricultural, and other economic activities accounted for US $51 Billion,
resulting in total earning of US $150 Billion.
·
Sexual exploitation accounts
for 66 percent of human trafficking revenues, despite the fact that only 19
percent of victims are transported for sex. According to the organization for
security and cooperation in Europe, the average yearly revenues made by each
woman in forced sexual slavery ($100,000) are six times more than the average
profits generated by each trafficking victim globally ($21,800). (OSCE)
·
According to OSCE research,
sexual exploitation may provide returns ranging from 100% to 1000% while
enslaved laborers can generate more than 50% profit even in less profitable sectors
(e.g., agricultural labor in India).
·
Investigators in the
Netherlands were able to assess the profit made by two sex traffickers from a
large number of victims. According to the OSCE, one trafficker made $18,148
each month from four victims (for a total of $127,036), while a second
trafficker earned $295,786 in the 14 months that three women were sexually
exploited.
·
Forced labor saves money but
sexual exploitation makes money Chinese kitchen workers in Germany were paid
$808 for a 78 – hour work week in one occasion. According to the OSCE, a cook
was entitled to $2,558 for a 39 – hour work week under German law.
Individual
traffickers, family networks, small enterprises, and wide spectrum of criminal
group operate and perpetuate the modern slave trade. Human trafficking is a
major social issue since it has been shows to sever familial ties, fuel
organized crime, exacerbate public health issues such as HIV/AIDS, and
undermine the credibility of law enforcement and government organizations.
Human
trafficking has risen to become the world’s third largest criminal industry and
is rapidly expanding. Unfortunately, the majority of trafficking happens
through the exploitation of vulnerable communities. The bulk of victims of
human trafficking are abducted from less developed parts of the globe (Africa,
South and Southeast Asia, Central and South America) and moved to more
‘profitable’ parts of the world. Nonetheless, wealthier countries are also
concerned about human trafficking. The United States, for example, is both a
destination country for international trafficking and a supplier of its own
national trafficking networks.
Human
trafficking’s financial gains have skyrocketed in the twenty – first century.
The international Labor Organization estimated the yearly earnings of the human
trafficking sector to be around $44 billion in 2005. Only 9 years later, in
2014, had the figure climbed to approximately $150 billion every year. The
injustice of human trafficking is clearly working as a vast worldwide enterprise
that can no longer be overlooked.
All of
the money or revenue earned by people trafficking, which amounts to $150
billion, is used to support terrorists, acquire weapons, smuggle, bribe or
engage in a variety of other illicit crimes. The money obtained by human
trafficking is black money, which cannot be traced. This money may be spent for
anything and anyplace because there is no record of it. Human trafficking as a
business may support a variety of other illicit acts, making it critical to put
an end to human trafficking.
During this unfortunate pandemic, Indian police performed a critical role in avoiding child rights violations, unethical tactics, and violence.The establishment of a Centre for the Protection of Children's read more
During this unfortunate pandemic, Indian police performed a critical role in avoiding child rights violations, unethical tactics, and violence.
The establishment of a Centre
for the Protection of Children's Rights is a significant victory for children
in India. This statement occurred on the eve of the National Police Academy's
'Child protection during COVID-19' webinar, which was held on May 12,
2020, in conjunction with UNICEF.
Mr. Atul Karwal, IPS,
Director, National Police Academy, announced the plan to establish a dedicated Centre
for the Protection of Children's Rights, saying, "The police, in
collaboration with the community, can act as a force multiplier to enhance the
effectiveness with which they support children during COVID-19."
COVID-19 has wreaked havoc on
the conditions in which children grow and develop. Disruptions to families,
friendships, daily routines, and the broader community can have a detrimental
effect on children's well-being, development, and safety.
Furthermore, efforts aimed at
preventing and limit the spread of COVID-19 can put children at danger.
Quarantine and isolation measures implemented at home, at facilities, and in
zones can all have a detrimental influence on children and their families.
There is also evidence that domestic violence is on the rise.
For example, during the last
several weeks of the lockdown, CHILDLINE, a children's emergency helpline,
recorded a 50% spike in calls from distressed youngsters. Families may also
resort to negative coping techniques such as child labour or child marriage
during COVID-19. The Minister of Women and Child Development of the Government
of India recently revealed that CHILDLINE's actions had prevented 898 child
weddings since the lockdown began.
During the COVID-19 pandemic, there is an increased risk of
violence towards children.
The COVID-19 pandemic may
have resulted in significant changes for many children and their families, not
only as a result of the lockdown, restricted measures, social isolation,
changing demographics, and a reduction in available health services, but also
as a result of a sudden and possibly long-term increase in child poverty and
family uncertainty. Through a cascading cascade of factors that might drive,
trigger, or amplify potential stressors, the pandemic constitutes a crisis not
only for our health and economy, but also for family well-being. There are few
precedents for the circumstances caused by COVID-19, but we can build on
previous work in crisis or emergency situations where scenarios of quickly
escalating stress are followed by abrupt changes to earlier conditions.
Individual development
consequences of disasters and mass violence can be defined in terms of the
exposure dose or cumulative hazards that represent major threats or
disturbances to individuals, families, or communities. Thus, the COVID-19
pandemic has been viewed as a multisystem cascading worldwide calamity that has
significantly impacted the lives of children on many levels and for which our
society were unprepared. Indeed, research on COVID-19 is beginning to indicate
the harmful consequences of the lockdown and the limits imposed, as well as the
effects of social pressures on family members, emphasising the need for
long-term monitoring of children's and teenagers' mental health. Emerging data on both healthy parenting and
child and adolescent mental health emphasises that the amount of the influence
is dependent on vulnerability variables such as developmental age, past mental
health disorders, educational and socioeconomic position, or being confined.
Through the prism of criminological theories, there is an increased
likelihood of violence.
Criminological theories
explore the various factors that contribute to family violence and child abuse,
as well as why there is a higher likelihood of violence in critical situations.
One of the frequent assumptions in the literature is the intergenerational
transmission of violence, which is summed up in the phrase "violence
begets violence": that childhood violence and/or neglect increases the
likelihood of perpetrating violence later in life. Our understanding of
intergenerational transmission of violence is still restricted due to the
concept's complexities. Several theories, including social learning theories,
social information processing theory, attachment theory, and social control
theory, have attempted to explain the mechanisms involved.
An overemphasis on child
maltreatment events, on the other hand, may turn out to be static or limited,
or may even interpret subsequent outcomes as a direct result of the early
exposures. Similarly, the impact of heredity on aggressive conduct may be
mitigated by contextual factors. As a result, nature and nurture should be
viewed not as distinct and separate variables in human behaviour, but as part
of the same process in the violence done against children in times of crisis.
Through the lens of socio-ecological models, there is an increased
likelihood of violence.
Socio-ecological explanations
can provide a broad framework for understanding how the COVID-19 epidemic has
affected social ecologies and altered interactions between people and their
surroundings. Changes in this reciprocal interaction may yield new definitions
for people's cognitions, emotions, behaviours, and the underlying mechanisms
that underpin them. As a result, this mutual process reveals itself in changing
physical, interpersonal, economic, and political contexts, as well as in human
adaptation and modification of these environments. Given that child
maltreatment is an interactive issue, the COVID-19 disaster has impacted
children's ecological systems on multiple levels. It has
created or exacerbated a number of risk factors for child abuse and neglect related
to the child's and caregivers' traits, family dynamics, and the larger social
and cultural context. As a result, we evaluate these hazards via the prism of
Belsky's ecological integration model at each of its stages. We also include
the transactional process within this model, which means that at each
ecological level, the complex interaction of potentiating and compensating
forces effects both children and their ecological systems. Ecological levels of
analysis not only capture and systematise the numerous variables that
contribute to child abuse, but they also allow for the incorporation of
complementary approaches such as socio-cognitive approaches to parenting, which
can aid in understanding how environmental changes influence the incidence of
child abuse.
Increased oppositional
behaviour and limit testing in children are expected at the micro system level.
This behaviour may evoke harsh responses from parents, who may be experiencing
parental burnout as a result of, or as a result of, the pandemic's
implications. Children's concern and uncertainty about the epidemic may
exacerbate their parents' anxiety. The COVID-19 pandemic may also exacerbate
pre-existing mental health issues and lead to an increase in instances among
children and adolescents, raising tensions in the household. According to a
recent survey, more than one-fourth of parents reported poor mental health in
their children since the start of the epidemic, one-seventh reported worsening
behavioural health, and nearly one-tenth reported worsening in both. Children with special education needs are also
at danger; the disturbance of their daily routines may cause them to become
angry and irritable. Overall, stressed parents are more likely to respond
aggressively or abusively to their children's nervous actions or demands.
According to preliminary study, the scenario generated by the COVID-19 crisis
is exceedingly demanding and stressful for parents, and it greatly raises their
overall stress levels. Previous research has also found that a high-stress
family setting is a strong predictor of child physical abuse and neglect.
Finally, in the COVID-19
environment, views toward children and their rights are a significant risk
factor for violence. Even though research has proved that children are not the
primary cause of the epidemic, they have been accused of being vectors of viral
transmission in several countries, even by official leaders, and are regarded
more contagious than asymptomatic adults. This may have resulted in some social
rejection and a lack of empathy for the negative effects of house confinement
for their development and well-being. In fact, while adult society is resuming
normalcy, most countries' schools, kindergartens, and even playgrounds remain
closed.
The police have a key role to
play in such a case. Whether it is to assist children in distress, to ensure
violence prevention in migrant camps and temporary shelters, to be watchful and
sensitive to any reports of violations of children's rights, or to ensure
children are directed to child protection agencies.
During COVID-19, UNICEF
developed a guideline for police on their responsibility in safeguarding
children from violence and exploitation. These are being adapted and
implemented in a number of states.
The webinar commented on the
COVID-19 specific problems posed by children and highlighted the importance of
police as citizens' advocates, particularly for children. It also served as a
forum for police officers from all over the country to discuss their experiences
and lessons learned.
The long-term goal of the
interactive knowledge session was to create a network/cohort of officers who
were interested, informed, and skilled in child safety issues, hence creating a
nationwide movement to protect children from violence and harm.
The police are one of
UNICEF's most important partners in its work to protect children. In every
circumstance involving children in distress, they are frequently the first to
respond. As a result, their sensitivity to children and the manner in which they
handle cases are crucial for a child's experience - and trust - in the justice
system "In her speech to the webinar, Dr. Yasmin Ali Haque, UNICEF
Representative in India, said
"In India, children
account for 40% of the population. As UN Secretary General Antonio Guterres
recently stated, children may not be the face of the COVID-19 Pandemic, but
they are one of its most vulnerable victims.
"We are happy to cooperate with the National Police Academy to ensure that the effects of COVID-19 are reduced in the population and that children receive the protection they deserve from a duty bearer of such crucial importance as the police," Dr. Haque added.
The effectiveness of
collaborative partnerships
UNICEF
operates in 17 Indian states and has a close relationship and partnership with
the police. UNICEF is providing technical assistance to state police in places
such as Assam, Bihar, Chhattisgarh, Jharkhand, Tamil Nadu, and Uttar Pradesh on
child friendly policing projects, which has resulted in child sensitive
policing becoming a part of the culture in state police forces.
In
Jharkhand, UNICEF and the police have collaborated to create a set of
indicators and a committee that monitors and certifies police stations as
child-friendly. These are not just infrastructure-related, but also refer to
training and the procedures that police use when dealing with instances
involving children.
Using
the Nirbhaya money, UNICEF is assisting the Kolkata Police Department in
planning and executing programmes to prevent violence against women and
children in West Bengal.
In Odisha,
UNICEF and the state police undertook a nationwide campaign to prevent child
sexual abuse, demonstrating the critical role of the police in prevention and
response.
Can a registered Will be challenged in the Indian Court? In India, the concept of Will has its deep-rooted origin for a very long time; its importance grows with the feeling of transferring family wealth read more
Motor Vehicle Act, 1988 nowhere define the term “Legal Representative”, however an application for compensation under section 166 of the MV act, 1988 may be made by the Legal Representative of the deceased. read more
Motor Vehicle Act, 1988 nowhere define the term “Legal Representative”, however an application for compensation under section 166 of the MV act, 1988 may be made by the Legal Representative of the deceased. MV act includes provision for who all can apply for compensation in the Motor Accident Claim Tribunal in case they get involve in a road accident. As per section 166 of MV act:
(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made—
a) by the person who has sustained the injury; or
b) by the owner of the property; or
c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased,
As per the section, a person can claim compensation in MACT if, they had sustained an injury in the accident or they are the owner of the property involved/damaged in the accident or they are the Legal Representative of the person who died in road accident or they have been duly authorized by the person who died in road accident. It is always a dispute before the Court in regard to section 166 (C) and (D), as nowhere in the entire act has described the term “Legal Representative”. So, can a married sister be legal representative? Can a brother who is living separately be a legal representative? Can a person be a legal representative who has lost someone in blood relation?
In several cases it has been argued that since the married sister, brother who is living separately or any such person in a blood relation were not dependent upon the deceased and thus cannot seek compensation. However the rule of dependency was also clarified in several cases, where the court ruled out that a person who was not dependent on the deceased can seek compensation.
In the matter of Gujarat State Road Transport Corporation, Ahmedabad v Ramanbhai Prabhatbhai and Anr ( 1987 3 SCC 234), the question involved in the case is whether a brother of a person who killed in a motor vehicle accident can claim compensation? The Apex court has given the answer in affirmative and held that
“The first set of cases are those which are referred to in paragraph 5 of the above decision which lay down that every claim application for compensation arising out of a fatal accident would be governed by the substantive provisions of sections 1A and 2 of the 1855 Act and no dependent of the deceased other than the wife, husband, parent or child would be entitled to commence an action for damages against the tort tensors. Amongst these cases are P.B. Kader and others v. Thatchamma and others, A.I.R. 1970 Kerala 241 and Dewan Hari Chand and others v. Municipal Corporation of Delhi and another, A.I.R. 1973 Delhi 67. The second group of cases are those referred to in paragraph 6 of the decision of the Gujarat High Court. They are Perumal v. Ellusamy Reddiar, [1974] ACJ 182 (Mad) and the Vanguard Insurance Co. Ltd. v. Hanumantha Rao, [1975] ACJ 344 (Andhra Pradesh). These cases lay down that while the compensation payable under section 1A of the Fatal Accidents Act, 1855 is restricted to the relatives of the deceased named therein the compensation payable under section 2 thereof may be awarded in favour of the representatives of the deceased who are entitled to succeed to the estate of the deceased. The third group of cases are those referred to in paragraph 7 of the judgment of the Gujarat High Court. They are Mohammed Habibullah and another v. K. Seethammal, A.I.R. 1967 Mad. 123; Veena Kumari Kohli v. Punjab Roadways, [1967] ACJ 297 (Pb.) and Smt. Ishwar Devi Malik v. Union of India, A.I.R. 1969 Delhi 183 which take the view that a claim for compen- sation arising out of the use of a motor vehicle would be exclusively governed by the provisions of sections 110 to 110-F of the Act and bears no connection to claims under the 1855 Act and the Claims Tribunal need not follow the princi- ples laid down under the latter Act. Having considered all the three sets of decisions referred to above, Ahmadi, J. who wrote the judgment in Megjibhai Khimji Vira and another v. Chaturbhai Taljabhai and others (supra) came to the conclusion that an application made by the nephews of the deceased who died on account of a motor vehicle accident was clearly maintainable under section 110-A of the Act.”
In another case Gafaran and Ors v Tilakraj Kapur and Ors (2005 ACJ 1711), in this case two married sisters of the deceased were not awarded any compensation on the ground that they were not dependant on deceased, it was held that
“Under section 166 of the Motor Vehicles Act, where the death has resulted from the accident, the claim can be preferred by all or any of the legal representatives of the deceased. This provision does not speak of dependants or all such legal representatives being dependent on the deceased. Any legal representative of the deceased can prefer claim before the Tribunal irrespective of he being dependent or not dependent on the deceased.”
In the case New India Assuarance co. ltd v Ramya Raghavan and Anr. (2006 ACJ 2347), the petitioner was a married daughter of the deceased, the court awarded compensation and held that
“The petitioner is a named dependant under section 1-A of the Fatal Accidents act and entitled to seek compensation for loss of dependency and other permissible heads. The proof of actual dependency is not necessary in law. However, the legal representatives under section 2 of Fatal accidents Act, 1855, are entitled to seek compensation for loss to estate and they cannot seek general damages and loss of dependency. That apart, note 6 of Second schedule enables the legal heirs to seek compensation under section 163-A. The named dependants are entitled to seek compensation under section 163-A.”
In the case Manjuri Bera v Oriental Insurance company ltd and anr (2007 10 SCC 643), the question before the court was whether any compensation is payable where the claim filed by a legal representative of the deceased who was actually not dependent on him. The court answered the same in affirmative and held that
“As observed by this Court in Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique the definition contained in Section 2(11) CPC is inclusive in character and its scope is wide, it is not confined to legal heirs only. Instead it stipulates that a person who may or may not be legal heir competent to inherit the property of the deceased can represent the estate of the deceased person. It includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased. All such persons would be covered by the expression 'legal representative'. As observed in Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai and Anr., a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.”
In the case Montford Brothers of St. Gabriel & Anr. V United India Insurance & anr. ( Civil appeal no. 3296-3270 of 2007), a charitable society claimed compensation for the death of a “Brother” of the society in a motor car accident. The apex court awarded the compensation to the society.
Thus from the above discussed landmark judgement, a married sister/daughter, a brother who is living separately or even a charity can seek compensation before the MACT.
Net Banking Frauds The customer obtained a loan of Rs. 20 lakhs from a Public Sector Undertaking Bank and thereafter the amount was fraudulently siphoned from his bank account through four RTGSs without read more
Withdrawal of Mutual Divorce Proceedings When both parties agree on the dissolution of marriage in a read more
Withdrawal
of Mutual Divorce Proceedings
When both parties agree on the
dissolution of marriage in a friendly manner, rather than battling in court and
defaming each other, it is more harmonic. They can file a petition in a
District Court under Section 13B of the Hindu Marriage Act, 1955, and the Court
can award them a divorce decision. The divorce will not be affected by
proceedings before the Panchayat; the parties must resolve it through Matrimonial
Courts. The Marriage Law (Amendment) Act of 1976 included this clause not
included in the Hindu Marriage Act.[1] The Hindu Marriage Act of
1955, Section 13B, is based on the same grounds as the Special Marriage Act of
1954, Section 28. Section 13B (2) states that the parties must wait at least
six months after presenting the petition, and before the conclusion of the
eighteen months, they must take a step forward to the court together. After
reviewing the case, if the court believes all facts are accurate, it can
approve the divorce petition.
The following grounds can be used to
submit a petition for mutual consent divorce:
According to Sec 23(1) (bb) of the
Family Law Act, permission in the case of mutual consent divorce shall not be
gained by fraud, force, or undue influence as per Sec 23(1) (bb) of the Hindu
Marriage Act,1955.
Can
consent be withdrawn in mutual consent divorce?
Suppose
one partner changes their mind and wishes to salvage their marriage. In that
case, they can make an application with the court where their divorce is being
processed, declaring that they want to withdraw their permission for the
divorce and give their marriage a second opportunity. If both the husband and
wife agree to the withdrawal, the case can be amicably withdrawn, and the court
can dismiss the petition.[2]
If one spouse withdraws the divorce petition? What remedy does the other
spouse have?
If
one spouse files an application with the court stating that they do not wish to
pursue Divorce by Mutual Consent, the court will not give a divorce decree. It
is possible during the six months when the petition is pending in court.[3]
If
the court determines that the unilateral withdrawal of consent is not genuine,
it might issue a divorce judgment and dissolve the marriage. As a result, the
court will disregard the withdrawal of consent and issue the decree.
It
cannot be regarded as an actual act if the money is taken later and the wife
withdraws her permission and has not made any effort to reconcile in the past
seven years.
In
other circumstances, the wife withdraws her permission by filing a court action
to demand more permanent alimony than what was agreed. The act of withdrawing can
be used as a means of harassment.
Is
it possible to withdraw the permission after filing for Divorce by Mutual
Consent?
In
Jayashree Ramesh Londhe v Ramesh Bhikaji,[4] the
court decided that neither party can withdraw from the joint petition for
divorce unless and until both parties consent to the withdrawal.
In
the case of Nachhattar Singh v Harcharan Kaur[5],
the court decided that once the parties voluntarily submit a petition for
divorce by mutual consent and all of the requirements set out in Section 13B(1)
of the Hindu Marriage Act, 1955 are met, the consent is irrevocable.
In
the case of Sureshta Devi vs. Om Prakash,[6]
the court found that mutual consent should exist unless and until a divorce
decision is issued. The
six-month time frame was chosen to allow the parties to change their minds.
Both parties are not required to modify their minds. A single party can also do
it.
Later,
in the case of Ashok Hurra v Rupa Zaveri, the court held that mutual consent
should be maintained until the divorce judgment is issued, even if one of the
spouses does not withdraw their consent within the 18 months.
In
Anil Kumar Jain vs. Maya Jain, the court noted that consent obtained by the
parties when filing the petition must be maintained until the case is brought
up for order and a divorce judgment is issued. The Supreme Court can issue many
directions to offer comprehensive justice to the party while exercising its
exceptional power under Art. 142 of the Constitution.
If
the party withdrawing the consent does not convey it to the court, either
directly or via their counsel, the court will assume the consent to be ongoing.
The
Rajasthan High Court's Division Bench ruled that an affirmative act must
withdraw the party's permission to divorce at the time of the second motion.
If
there is no sufficient reason for the withdrawal of permission, the court will
assume that the consent was withdrawn under duress. After jointly consenting to
divorce, one party withdraws their approval, which is considered mental
cruelty.
In
the case of Suman vs. Surendra Kumar[7],
the husband did not appear at the second stage after filing a joint divorce
petition. Because one party had abandoned the case, the Family Court decided
that mere silence did not constitute a withdrawal of consent. As a result, the
conclusion must be reached in favor of consent rather than the absence of
consent. In
the case of Suman vs. Surendra Kumar, the husband did not appear at the second
stage after filing a joint divorce petition. Because one party had abandoned
the case, the Family Court decided that mere silence did not constitute a
withdrawal of consent. As a result, the conclusion must be reached favoring
consent rather than the absence of consent.
Conclusion
Opting
a mutual consent divorce avoids squabbles and saves a significant amount of time
and money. Mutual consent divorce is one of the best-provided possibilities,
considering the increasing number of divorce applications As a result, it is
the simplest type of divorce and the least expensive and time-consuming
compared to disputed divorce. It is an easy and hassle-free divorce method, too,
because even during the six months between the first and second motions, any
party can withdraw by submitting an application with the court saying that they
do not want to get a divorce by mutual consent. The opposite party would only
have one choice in such a situation: petition for disputed divorce. Hence It is
the shortest type of divorce, saving time, money, and even mental anguish.
*****
[1]
https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf.
[2]
https://www.scconline.com/blog/post/2020/11/09/divorce-by-mutual-consent-and-contempt-of-court/.
[3]
https://vakilsearch.com/advice/can-mutual-divorce-be-done-after-6-months/.
[4]https://indiankanoon.org/doc/921070/#:~:text=Jayashree%20Ramesh%20Londhe%20vs%20Ramesh%20Bhikaji%20Londhe%20on%2015%20February%2C%201984&text=JUDGMENT%20B.C.%20Gadgil%2C%20J.&text=This%20is%20an%20appeal%20filed,a%20divorce%20by%20mutual%20consent.
[5]
https://indiankanoon.org/doc/1265343/.
[6]
http://ijtr.nic.in/Smt._Sureshta_Devi_vs_Om_Prakash_on_7_February,_1991.PDF.
[7] AIR 2003 Raj 155
Unnatural Sex with a Female has been classified as Rape under section 377 I.P.C. Unnatural Offence is an act or behaviour to commit a crime that is contrary to what is considered read more
Unnatural
Sex with a Female has been classified as
Rape
under section
377 I.P.C.
Unnatural Offence is an act or behaviour to commit a crime that is contrary
to what is considered a natural offence. Section 377 of the IPC deals
with the unnatural offences that state that “whoever voluntarily has carnal
intercourse against the order of nature with any woman, man, or animal, shall
be punished with life imprisonment or with the imprisonment of either
description for a term which may extend to ten years, and shall be liable to
fine.” According to the interpretation in this section, penetration is enough
to constitute carnal intercourse. This section refers to the English law[1] offences
of sodomy and bestiality. Consent is immaterial in the cases of unnatural
offences, as the text of this clause indicates, and the party consenting would
be accountable as an abettor. This section is intentionally unclear since it is
impossible to determine what goes against nature’s order.
The Buggery Act of 1533
is the source of Section 377 of the Indian Penal Code. This law has never been
modified by Parliament since it was enacted until recently. This rule was
founded on Judeo-Christian moral and ethical principles, which views sex to be
merely functional, i.e. for procreation, and therefore believe homosexuality to
be unnatural and against nature’s order. The functional basis is mentioned to
identify what is natural, which indicates that every organ in the body has a
certain role in fulfilling, and using that organ for a reason other than that
function is unnatural.[2] As
a result, any sex other than penile-vaginal will be deemed unnatural. Anything
else than procreative sex is deemed abnormal using the same premise.
In the case of Khanu v.
Emperor,[3]
the court held that the major object of carnal intercourse is that there should
be possibility of conception of human beings, which in the case of sexual
intercourse by inserting penis in the mouth is impossible.
The
Indian Penal Code defines Section 377 as follows;
Whoever voluntarily has carnal intercourse against the order of nature
with any man, woman or animal, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine. Explanation.—Penetration is sufficient
to constitute the carnal intercourse necessary to the offence described in this
section.
Constitutional Validity of Section
377
In the case of Naz
Foundation v Government of Delhi & Ors,[4]
the constitutional validity of section 377 was challenged in the Delhi High
Court. It was alleged in this case that section 377 violated the basic rights
provided in Articles 14, 15, 19, and 21 of the Constitution by including
consensual sexual intercourse between two adults in private. It was further
argued that Article 21 could only be limited if there is a compelling state
interest, which is not present in this case.[5]
The petitioner further claimed that section 377’s legislative intent is based
on outdated stereotypes with no historical or logical support. In this case,
the two wings of the Union of India had filed wholly opposing affidavits. The
Ministry of Home Affairs attempted to explain the act’s continued existence by
citing public health, public disapproval, and social revulsion. On the other
hand, the Ministry of Health and Family Welfare backed the petitioners’
contention, claiming that presence of section 377 in the statute book inhibited
HIV/AIDS prevention efforts and that its removal would aid in the treatment of homosexuals
with HIV/AIDS.
The Ministry of Home
Affairs’ argument that popular morality or public disapproval cannot be a valid
ground for curtailing the right under Articles 14 and 21 was rejected by the
Delhi High Court. According to the court, the only kind of morality that can
pass the test of compelling state interest is constitutional morality and not
public morality. The constitutional morality is violated by Section 377 of the
IPC, which criminalizes homosexuals solely on the basis of their sexual
orientation. The court accepted all of the petitioners’ arguments and found
section 377 extra vires, which made it illegal for adults to engage in
consenting sexual acts in private. The court also held that the provisions of
section 377 would continue to apply to adolescents who engage in non-consensual
penile and non-vaginal intercourse.
In the case of Suresh
Kumar Koushal and others v. Naz Foundation & others[6],
religious entities and individuals including the All India Muslim Personal Law
Board, the Apostolic Churches Alliance, and the Utkal Christian Council
appealed the Delhi High Court’s judgement in the Supreme Court. They contended that
the legislature adopted section 377 to defend societal values and morals. Therefore
the Supreme Court agreed with this argument and overturned the High Court’s
decision.
The apex court had also
declared in the case of Navtez Singh Johar v. UOI[7]
that consenting adult gay sex is not a crime and that Articles 14 and 21 of the
Indian Constitution contradict Section 377’s current interpretation.
Applicability of the section in
today’s times
Section 377 IPC still
applies to sex with minors, non-consensual sexual acts, and bestiality, with
the exception of gay sex. Now, unnatural sexual assault with a female has been
classified as rape, and sexual assault with a minor, whether male or female, is
subject to the POCSO legislation.
There is a common misconception
that Section 377 has been repealed. Section 377 has been toned down to the
point where sexual behaviour of any kind among consenting people is no longer
illegal. There is a need for people, both men and women, to recognize their
rights that non-consensual sexual behaviour in adults, as well as all sexual
conduct with minors or animals without their agreement, is still illegal.[8]
Most often, cases of unnatural sex between husband and wife, the wife being a
victim of the heinous crime without her consent, there are situations where the
wife cannot bring herself to report the crime and suffer in silence as these
kind of issues are still a taboo in the society.
Under section 377 of the IPC, a wife can file a prosecution against her
husband for unnatural sexual offences.[9]
Because the section punishes sexual
intercourse outside the natural order regardless of an individual’s sexual
orientation or gender identity, such actions can be prosecuted under section
377 even if they are committed by heterosexual couples. Furthermore, the
criminal can be penalized under this clause even if the victim agreed to the
act (regardless of age). The victim’s permission is irrelevant to the
application of section 377, and a criminal act cannot be justified by the
victim’s assent.[10]
The
Punjab and Haryana High court stated in the case of State of Haryana v. Raj
Kumar that it is easy to level such allegations but even more difficult to
prove and, therefore, courts will always have to be cautious while dealing with
such allegations. The division bench of justices MMS Bedi and Hari Pal Verma
said that on the basis of the evidence presented, the allegations are
corroborated by other circumstances to show that one of the spouses has
indulged in unnatural acts, and therefore the marriage can be dissolved by a
decree of divorce.
Conclusion
This legislation is both beneficial and vulnerable to abuse. While
marital rape is not a crime in India, through this section, Indian women will
have a mechanism to have their husbands penalized if they perform unnatural
sexual actions on them. This section will serve as a tool in the hands of
Indian wives who suffer at the hands of their abusive husbands. Section 377, on
the other hand, has a lot of room for abuse because consent isn’t a criterion to
determine whether or not it should be used. Therefore, the complainant’s
permission to do the unnatural sexual act would not be enough to keep the
perpetrator out of jail. With changing times and changing laws, it is essential
that people start acting out towards the wrong being done to them, and therefore
it is essential that they know what can be done and what help they can get from
the law.
*****
[1] PSA
Pillai, Criminal Law 714(11th ed. Lexis
Nexis. 2012) 714.
[2] See
Burton Leiser, Homosexuality and the Unnaturalness Argument in SEX, MORALITY
AND THE LAW 44 (Gruen & Panichas eds., 1996)
[3] Khanu
v. Emperor, AIR 1925 Sind 286
[4] Naz Foundation
v. Govt. of NCT, 2010
CrLJ 94.
[5] KD
Gaur , Indian Penal Code 618(3rd ed. Universal Law Publ’g co pvt ltd.
2013).
[6]
Suresh Kumar Koushal v. NAZ Foundation, AIR 2014 SC 563.
[7]
http://recentscientific.com/unnatural-sexual-offences-and-its-current-legal-status-india%E2%80%93-review-literature
[8]
https://www.thequint.com/news/india/sec-377-applicable-under-what-circumstances
[9]
https://www.hindustantimes.com/punjab/forcible-unnatural-sex-in-marriage-is-cruelty-hence-a-ground-for-divorce-hc/story-Iga7sgtia5KQy4C436KPmL.html.
[10]
https://bnblegal.com/article/unnatural-offences/.
Canada is one of the most developed countries in the world that welcomes immigrants and talented people. The immigration laws of Canada have undergone various changes over the years, and now the country read more
Keep reading this article till the end as we are going to share with you the five approved by the Canadian immigration law you can immigrate to Canada.
Canada is a land of budding opportunities. However, to ensure the proper completion of developmental projects across the country, there is a constant need for people from around the world who can come to Canada to complete the projects.
Most of the work permits are connected with the approval from Labour Market Impact Assessments. However, work permits are not controlled in this way all the time. Skilled people can make their way to Canada without having to go through a tedious process.
As the name implies, the Express Entry route is the fastest way a person can make their way to Canada. This program evaluates the applicants based on their skills and then allows them to come to Canada almost every two weeks.
It’s the goal of the Canadian government to make immigrants the permanent residents of Canada. This is why it takes less than six months for people who have come to Canada via the Express route. However, it is to be noted that you might have to pay thousands of dollars to apply for permanent nationality.
The best thing about Canada is that not everything is controlled by the central government. Based on the needs of different provinces, the Canadian immigration law allows people to enter Canada via Provincial Nominee Programs.
The individual provinces handle these programs, and the entry requirements are different for each province. However, it is to be noted that PNPs are simpler and provide a faster way to enter Canada. Applicants of PNPs are scanned based on their specific skills. Talented people are more than welcome to Canada through PNPs.
The immigration process becomes easier if you have someone in your family who can sponsor you in Canada. If you have a family member of yours who has Canadian nationality and is over 18 years of age, they can sponsor you for the nationality of Canada.
One thing to note here is that this process can be a bit lengthy. The maximum duration for processing your application can go up to 24 hours based on your relationship with a Canadian resident. Fees differ too, depending on your relationship too.
There’s no doubt about the fact that the educational system in Canada is one of the best educational systems in the world. If you want to pursue higher education and want to learn from the best teachers in the world, then going to Canada can prove to be the best option for you.
Remember that the process for applying as a student in Canada requires you to follow a complete procedure. Things like getting your Letter of Acceptance and so on can take a lot of time, so stay prepared for making changes to your schedule accordingly and complete your application process.
Bhubaneswar, India
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S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
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S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
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If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
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5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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