Famous law

Section 375 of Indian Penal Code 1860 defines rape as non- consensual sexual intercourse with a woman. One of the exceptions to this Section is if the man has sexual intercourse with a woman who is his wife above the age of 18 then it does not come under sexual assault. This clearly means that as per current law, if the woman is having sexual intercourse with her husband then it is presumed that the woman is doing it with her consent. India is one of the 36 countries in the world to not have criminalized marital rape. Even after 70 years of independence Indian law is still unwilling to accept marital rape as a crime under Section 375. Its very unusual that on the one side we have a judgment stating Triple Talaq as unconstitutional and the right to privacy judgment but on the other side we have a mindset wherein a husband raping his wife is not considered a crime but in fact it is presumed to be consensual.  In  The Chairman, Railway Board  v.  Chandrima Das  (20...

Marriage or matrimony is a sacred union between two people that establishes rights and obligations between them as well as in-laws. This concept of marriage and relationships has evolved overtime with the changing mindset of the society. Live in relationships are one such concept wherein two people live together outside of marriage. This relationship is in the nature of marriage but is not like marriage. This kind of relationship is considered an ill omen in our Indian society. There are no laws for live in relationships in India but the Supreme Court has legalised live in relationship and stated that two people who have lived together for a long time will be considered as legally married until proven otherwise. Nowadays live in relationship has become a common practice among couples who have commitment phobia. They become reluctant to marry as they are already living together and also because it is the easiest relationship to walk out of since it does not involve a messy divorce. The ...

Data protection means safeguarding private laws and prevent intrusion of outside parties from collecting, storing and circulating personal data. Personal data means information which relates to a person who can be identified through that information collected from various sources.  The constitution does not explicitly provide for right to privacy but in the landmark 2017 judgment of Justice K.S. Puttaswamy  (Rtd) v. Union of India, the   Supreme Court held that Right to Privacy is an integral part of right to life and personal liberty under Article 21 and part of personal freedoms guaranteed under the Constitution. This judgment was considered a victory in the concept of privacy in India. Currently there are no comprehensive and vigorous data protection legislations in India though there are relevant provisions for dealing with personal data under Information Technology Act 2000 ("IT Act") .  Post this judgment, there was a dire need for a law which would deal with ...

The new Companies Amendment Bill 2020 was introduced in Lok Sabha on 17th March 2020 by the Minister of Corporate Affairs, Ms. Nirmala Sitharaman. The proposed amendments were recommended by the Company Law Committee and submitted to Ministry of Corporate Affairs on 14th November 2019. The recommendations were made for the main purposes which are given below: 1. Decriminalization of certain offences 2. Exclusion of certain companies from 'Listed Companies' 3. Amendment of provisions related to Corporate Social Responsibility 4. Provide relaxations to ease the living of corporates Below is the basic overview of certain amendments proposed in the bill: 1. Decriminalization of offences: The process of decriminalization of certain offences was already mentioned in the Companies Amendment Act 2019 by converting 16 non-compoundable criminal offences into civil wrongs with only monetary penalty. In this bill, efforts have been made to decriminalize those offences  which do not have el...

Whenever we talk about bestowing property, there are many ways to do the same under Hindu, Muslim, Christian, and Parsi Laws. The most common way of disposing of property is through a will also be known as Testamentary Succession. The opposite of Testamentary Succession is Intestate Succession which means a person dies without making a will and his/her assets are distributed as per Hindu Succession Act 1956 and Indian Succession Act 1925.  INHERITANCE UNDER VARIOUS LAWS HINDU LAW As per Hindu Succession Act 1956, the following are the ways wherein intestate succession is carried out: 1. After the Hindu Succession (Amendment) Act 2005, the daughter has equal rights by birth in the coparcenary property of Joint Hindu Family in the same manner as the son. This will have a retrospective effect as well as per the latest judgment of the Supreme Court. 2. If a Hindu male dies intestate then the property will be distributed in the following order:     a. Class I heirs   ...