Famous law

Whenever there is a discussion on sexual assault, the only thing which comes to our mind is a woman being sexually assaulted. Sexual assault of men are also never reported because of fear of societal ostracization and backlash. The patriarchal setup in India also affects men in a negative way. Men have been typecasted as not being able to feel pain and if he does then he is not a man. Another reason for such is something called toxic masculinity which is a regressive description of manhood including the myth that strength is everything and emotions are weakness.  Even when we search online for content on sexual assault, we only get the content related to women. People just find it hard to believe even men can be victims of sexual assault and may be this is the reason that there are no available content . There are many studies which indicate that even men can be sexually assaulted and that women can be also be the committer of sexual crimes. The lack of report of such crimes furthe...

There are certain issues which are considered a taboo in India, one of which is 'Menstruation' or in a layman's language known as Periods. This topic is never discussed openly as it makes people very uncomfortable and therefore discussed behind closed doors. Recently, Zomato announced its period leave policy wherein female employees can avail 10 days' period leave. This step has triggered widespread debate on whether menstrual leaves should be implemented or not. In 2017, the Menstruation Benefits Bill was proposed so as to provide for female workers of private and public sector menstrual leave for 2 days every month. There are many other medical conditions associated with periods such as fibroids, endometriosis, menorrhagia etc. which should be kept in mind while formulating the Bill.  There is a certain section of women who are not in favour of this Bill because it may further deepen the gender bias in workplace such as low pay, slow promotions and less participation....

As per the social convention, the mother is required to take care of her newborn child. The upbringing of the child is considered solely as a mother's responsibility and if she fails then she is called an unfit mother. Even in the case of married working women, they are provided paid maternity leaves under Maternity Benefit Act 1961 for taking care of their child. There were no provisions for a father to take paternity leave to help with the baby. Generally only women take these leaves which leads to gender inequality both in workplace and home. Being born in India where family is of utmost priority, it was important that a paternity leave also be provided as raising a child is the responsibility of both parents. Though there are companies who provide paternity leaves as per their HR policies but still a new law was in the dire need for making it compulsory for all companies to provide paid paternity leaves so that both parents can take equally devote time in raising the newborn ch...

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...