Famous law

The Government of India introduced the Telemedicine Practice Guidelines ("Guidelines") on 25th March 2020. These guidelines are prepared by the Board of Governors of the Medical Council of India along with the National Institution for Transforming India. The benefit of providing telemedicine is that it is cost-effective and efficient for rural people who have to walk great distances to get to a hospital/clinic. These guidelines are framed under Indian Medical Council Act, 1956 ("1956 Act")  which has been repealed and has been replaced with National Medical Commission Act, 2019 ("2019 Act") . Section 61(2) of the 2019 Act states that irrespective of the repealing of the 1956 Act, these guidelines will still be in force unless the Indian Government enforces new guidelines which supersede the existing guidelines. These guidelines are applicable to every Registered Medical Practitioner (RMP) whose name is mentioned in the State Medical Register or Indian Med...

Alternative Dispute Resolution (ADR) is defined as a wide range of dispute resolution processes that act as a means for disputing parties to come to an amicable agreement i.e. settle their disputes with a third party's help. The following are the different types of alternative dispute processes: 1. Arbitration 2. Conciliation 3. Mediation 4. Mini Trial 5. Negotiation etc. The Arbitration and Conciliation Act, 1996 (the Act) was introduced to settle disputes between parties in an easy and convenient way without the interference of courts. This Act is useful for people who want to avoid lengthy court proceedings which take years to reach the verdict and amicably settle their disputes. There have been various amendments in the Act to be at par with modern technology, the recent one being done in 2021 namely Arbitration and Conciliation (Amendment) Act, 2021 (Amendment Act, 2021 Amendment). This Amendment Act was introduced on 10th March and was deemed to be effective from 4th November...

Under the Design Act, 2000 ("the Act"),  design is defined as " features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a  mere mechanical device, and does not include any trademark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in Section 479 of the Indian Penal Code or ay artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957".  This Act was introduced for the protection of designs and extends to the whole of India. The design does not include the following: 1. Any artistic work d...

Social Media is defined as a platform for interaction between people such as sharing information, ideas, career interests, and other forms of conversation through the internet. Social media has become a powerful tool for sharing and posting content and it has its own positive and negative outcomes. Social media can be accessed through phone or laptop or desktop. Facebook, Twitter, Instagram are some of the most popular social media websites. They are generally used as highly interactive platforms through which individuals, organizations, and communities share, post, modify, participate or discuss self-generated content posted online.  Laws regarding social media are governed by the Information Technology Act, 2000. Section 66A regulates all the legal aspects regarding social media law in India. This Section states that anyone who shares, transmits, or posts that are offensive or menacing, or false for the purpose of continuously causing, annoyance, convenience, danger, obstruction,...

Terminating a pregnancy or abortion is considered an age-old taboo in India. It is almost considered murder because it involves terminating a child before it is even born. If any woman would go through an abortion then people would look at her with disgust and call her a murderer because of it. There were no laws regarding abortion which led to difficulty in getting an abortion legally. Approaching a doctor for an abortion would be difficult because no doctor would be ready to medically terminate a pregnancy considering it akin to murder and even rebuking the woman for even thinking about killing her child. In 1971, the Medical Termination of  Pregnancy Act was introduced by the Government. This Act stated that a registered medical practitioner can medically terminate a woman's pregnancy. A registered medical practitioner is defined as a medical practitioner who has a medical qualification under clause (h) of Section 2 of the Indian Medical Council Act, 1956 and whose name has been...

Limited Liability Partnership (LLP) is a body corporate formed and incorporated under the Limited Liability Partnership Act, 2008, and separate from its partners. This kind of partnership will have perpetual succession. Any change in partners will not affect the existence, rights, or liabilities of the limited liability partnership. In LLP, each partner is not responsible or liable for another partner's misconduct or negligence. Recently, the Ministry of Corporate Affairs recommended decriminalizing 12 offenses under Limited Liability Partnership Act, 2008 and issuing Non-Convertible Debentures (NCDs) to raise funds so that LLPs can perform their business smoothly. Decriminalization means that anyone who commits any offence under the 12 offences would not be imprisoned but would have to pay a fine to the grieving party. If the offence contains a huge amount as a fine then the fine would be lessened under decriminalization. The following are the provisions that are recommended to be...

Adultery is defined as sexual intercourse between a married person and another person who is not his/her wife/husband. Section 497 of the Indian Penal Code 1860 defined adultery and provided punishment for the same. It stated that whoever had sexual intercourse with a woman whom he knew to be as the wife of another man without the consent of that man, such sexual intercourse would not amount to rape but would be known as adultery and would be punishable with imprisonment which may extend to 5 years or with fine or both. In this case, the wife would not be punished as an abettor. This section is arbitrary and discriminatory in many ways. The section did not accuse the wife of the adulterous man and deemed her to be innocent without considering that she might be at fault in abetting this adulterous behavior.  Neither the husband could initiate criminal proceedings against his wife who had an adulterous relationship with another man nor could the wife criminally punish her husband for...

The new privacy policy of Facebook-owned Whatsapp has generated a lot of controversy regarding its privacy in India. On the one hand, an iconic judgment was passed regarding the right to privacy four years ago but on the other hand, we have an app that promises complete privacy but still has some issues in completing that promise. See the privacy policy  here .  Whatsapp company proposed a deadline of May 15 for accepting the new policy otherwise users will not be allowed to make calls or messaging contacts. The company made it clear that it is not necessary to accept the new privacy policy and non-acceptance of the updated policy will not have any effect on messaging friends and family. The policy states that the changes have been regarding "messages with the business" and these changes do not pertain to "messages with friends and family". With respect to "messages with business", Whatsapp claimed that these messages can be read by Facebook and used for m...