“With great power comes great responsibilities”. Yes, that’s the most famous dialogue from the spiderman trilogy. Besides being famous, it also makes a lot of sense. When it comes to the internet, this dialogue is on point. The internet has empowered us greatly. However, there are downsides to this. Most notable is trolling. Trolling is a part and parcel of our lives. From memes on Instagram to Twitter threads, no place is spared by social media trolls. Above all, are there laws against trolling in India? Troll Meaning Troll meaning could differ from situation to situation. But mostly, a troll is someone who creates discord on the internet. Generally, by starting fights or harassing people. Social media trolls often give controversial statements to get famous. Laws Against Trolling In India Online bullying is very common in India. It can happen with a celebrity or even you. There are no specific laws against trolling in India. As a matter of fact, there can’t be as it will prohibit the right to freedom of speech. But, here are some laws that will help you tackle these online goons. They are categorized according to the type of activities, such as: Online Stalking: Under section 354D IPC, monitoring a woman through the internet or any electronic communication platform and an attempt to start an interaction in case of her clear disinterest is punishable. Such an offence can land you in jail for 3-5 years with a compulsory fine. Defamation: Under section 499 IPC, posting obscene images/videos or remarks on social media can land you in trouble. Defaming a woman online can land you in jail for 2 years. Sexually Explicit Content: The IT Act holds a person liable for publishing or transmitting sexually explicit content in electronic form. You can end up in jail for 5-7 years coupled with a ₹10 Lakh fine. Criminal Intimidation: Under section 503 IPC a person can be convicted if he/she intents or threatens to harm a woman’s reputation. Similarly, section 507 IPC convicts a person for threatening a woman by anonymous communication. Lack Of Gender Neutral Laws Against Trolling In India Most of the laws against trolling in India are for women. Thus, the laws can be biased at times. While the safety of women should remain the prime concern, a lack of gender-neutral laws might turn out to be a loophole for social media goons. Conclusion The lack of proper laws against trolling in India might cost us in the future. However, you can feel safe enough with the above-listed laws. Moreover, there have been healthy discussions about social media trolling in the Parliament and a proper law might just be around the corner. #lawsagainsttrollinginindia #troll #trollmeaning #socialmediatrolls
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What is Alimony? Alimony (Maintenance) is a legal obligation on a person to provide financial support to their spouse during or after marital separation or divorce under divorce maintenance rules in India. The term alimony comes from the Latin word alimōnia (“nourishment, sustenance”, from alhere, “to nourish”), from which also alimentary (of, or relating to food, nutrition, or digestion) and the Scots law concept of aliment, and was a rule of sustenance to provide for the wife’s lodging, food, clothing, and other necessities after divorce. There are five major communities in the Indian Society: Hindus, Muslims, Christians, Parsis, and Jews. These communities have their own personal laws derived from religious scriptures, customs, and traditions. Hence, the basis of seeking divorce and alimony varies according to their cultural beliefs. Alimony vs Child Support Often, people confuse alimony with child support. However, they are two completely different types of financial remedies. In simple terms, the financially weaker spouse receives alimony. Whereas child support is about providing financial assistance by one parent to the other, who has custody of the child. Alimony, in many cases, is awarded alongside child support and at the discretion of the judge presiding over the case. There are two types of Alimony As per divorce alimony calculator India the alimony is of two types:
Who is eligible for Alimony? If a couple marries under the Hindu Marriage Act, 1955 Under the Hindu Marriage Act, 1955, both the husband and wife can legally claim permanent alimony and maintenance under divorce alimony rules. Divorced via mutual concern In case a couple decides to get a divorce mutually, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them. In such cases, alimony/maintenance could be paid by either the husband to the wife or by the wife to the husband subject to the mutual understanding between the couple. The court then gives directives with reference to the agreement between the couple under divorce maintenance rules. It binds the couple to follow the directives enforced by the court. Provision of Alimony under The Hindu Adoption and Maintenance Act As per the Hindu Adoption and Maintenance Act, a Hindu wife whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.
When alimony is paid periodically The Supreme Court in one of its landmark judgments has set a benchmark for maintenance to be paid by a husband to his estranged wife. It stated that 25% of the net salary of the husband might constitute a “just and proper” amount as alimony. However, a hard and fast rule for alimony calculator in India has not been defined under any law. Neither is it possible due to its dependency on the facts and circumstances. As each case differs, the court administers the divorce maintenance rules. A one-time lump sum amount Alimony Under divorce alimony rules no lump-sum settlement benchmark exists. Although it ranges from 1/5th to 1/3rd of the husband’s net worth and is a one-time settlement. Below are some important factors that decide the quantum of Alimony under Hindu Law, and divorce maintenance rules. If the wife is working and drawing a handsome salary Under divorce maintenance rules: When the wife is working and drawing a handsome salary, the Court will certainly take the earning into consideration along with the husband’s income. Depending on the facts and situations of the case, the court decides whether the wife will receive alimony/maintenance. And if yes, then they decide on the amount she shall receive from the husband. This is how the alimony calculator in India works. What if Husband earns less than his wife Provisions under the Hindu Marriage Act, 1955, allow a Hindu husband to claim alimony from his wife. When he earns less than her or does not earn at all, though this is rare. Time Period of Alimony How long Alimony need to be paid by the spouse? Usually, the husband to maintain his wife until her lifetime. What if wife remarries? If the wife remarries, the husband is not responsible for her maintenance. The husband can petition the court for orders to stop the alimony. What in case of a change in circumstances where the wife started earning more than her husband and the husband is unable to maintain his wife due to financial crises? Likewise, if there is a change in situations, for example, the husband is unable to maintain the wife due to a financial crisis or any other adverse situation. Where the wife is financially independent earning a decent salary. In this situation, the husband may petition the court to address the changed circumstances under divorce alimony rules. The court may take into account the facts, evidence, and circumstances prevailing at that point of time, modify, vary or rescind the order. What if the earning of a spouse increases after the award of permanent Alimony? When the alimony/maintenance paying spouse earns more after the award for permanent alimony/maintenance has been passed. Then the spouse receiving alimony/maintenance may make a petition addressing the court. It will address the issue related to the increase in the husband’s income. But she will have to prove her inability to maintain herself with the alimony already awarded by the court. The court may take into account the facts, evidence, and circumstances prevailing at that point of time to increase the alimony payable. Although, it’s not necessary that a wife is entitled to more alimony in case the husband earns more. When the person receiving alimony gets richer in the future (creates/inherits more wealth) than the one paying, will the flow of alimony be reversed? It depends on the facts and situations of the case. In case the wife receiving alimony inherits wealth and becomes richer. Then the husband would have to make a miscellaneous petition to prove the same to the court. The court will again look into the merits of the case, that is, evidence produced. To show that the wife is a richer lady than what she was at the time of grant of the alimony. Also that the husband is incapable of maintaining his wife. So, if the husband claims alimony for his maintenance it will again have the court’s decision. After looking into the parameters for awarding alimony/maintenance as per the divorce alimony calculator in India. Taxability of Alimony Periodical payout: Alimony in the form of monthly/quarterly payouts is treated as revenue receipt and taxed in the hands of the receiver. Added to her total income and taxed as per the tax bracket. No deductions are available for the payer. Lump-sum – Lump sum alimony is treated as a capital receipt and hence is tax-free. What belongs to a wife after separation? Factors considered with alimony calculator in India include any type of jewellery (gold, silver, precious stones, alloy), fixed property and other assets like cars, paintings, artefacts, appliances, furniture, etc. Presented to the woman before, after and during her marriage. To claim alimony in case of a dispute, people can use A list of items with signatures of two witnesses can be given Gifts from anyone to her is the wife’s property: husband, in-laws, parents, friends, relatives, and acquaintances. Women’s earnings before or after. What does not belong to a wife after separation?
Since ancient times, married women in India have been subjected to a lot of atrocities. Be it sati, harassment for dowry, or domestic violence. Some of these practices still exist and even educated people follow them. Women often choose to stay silent, simply because they are unaware of the married women rights in India. The Constitution of India clearly defines the legal rights of a wife. These laws protect women against injustice and ensure women have equality. When women are aware of their rights, only then they can protect themselves. Here is a list of married women rights in India: Right Against Domestic ViolenceThe Domestic Violence Act protects women from domestic violence by her husband or his family. It gives married women in India the legal right to file a petition against their husband or his relatives in case any harm is done to them, whether physical, mental or emotional. If you or someone you know faces domestic violence you can take the following steps: Women can file a “Zero FIR” Call the national helpline 1091 Confide to close friends, family Don’t be hesitant to seek help from a counsellor Right To Reside In Marital HomeAccording to the Hindu Adoptions and Maintenance Act, wives have the right to live in their matrimonial home. A matrimonial home is basically a house, which a woman shares with her husband. The husband or his parents may own the house. It can also be a rented property or officially provided to him. Regardless, whether it is an ancestral or a joint family house, the daughter-in-law has the right to reside in it. She can also reside in her matrimonial home, even if her husband is not there or is dead. Right To StreedhanStreedhan refers to the gifts a woman gets during marriage ceremonies and childbirth. This includes any movable, or immovable property, ornaments, presents, money, etc. The main objective of Streedhan is to provide a married woman with financial safeguards after marriage. The Supreme court has given women absolute rights over Streedhan. It rules that women don’t lose the right even after divorce. It is the legal right wife in India to have complete ownership rights to all their Streedhan. The husband and in-laws will be liable to criminal charges if they deny Streedhan to the women. In instances where a mother-in-law holds her daughter-in-law’s Streedhan and dies without a legal will, the married woman has a legal right to it. Right to Parental HomeEarlier, women had no rights over parental property. Now, married women’s property rights India is equal to their male siblings even after marriage. Inheritance: Initially, the Hindu Succession Act, did not give daughters and sons equal right in the father’s property. Daughters could enjoy rights on their father’s property only until they got married. In 2005, the act was revised. The new act states that every daughter, whether married or unmarried, has equal rights as her male sibling to inherit her father’s property after his death. Furthermore, the married women’s property rights India also states that daughters have a share in the mother’s property. If the father does not sign any will before his death, they can take the help of court for legal assistance. Right to Live with Dignity and RespectA wife has the legal right to live with dignity and self-respect with her in-laws. In India, wives have the legal right to have the same lifestyle that her husband’s and in-laws have. This provides married woman freedom after marriage. Right to Maintenance by HusbandA wife has the right to claim proper living standards and basic amenities of life from her husband. Though, the benefits are subject to the husband’s living standards, his income and resources. Right to Child maintenanceIt is the duty of the husband and the wife to provide adequate amenities to their minor child. In case the woman doesn’t earn, then it is the responsibility of the man to provide monetary assistance. In case both partners cannot monetarily support the child, they can take assistance from their parents. #LegallawswomeninIndia #marriedwomenrightsinindia #marriedwomen'spropertyrightsinindian #LegalrightwifeinIndia The key thought behind providing the maternity leave benefits to women is to uphold the self-respect. And to provide a sense of pride of nurturing to be a mother. The maternity leave law in India supports a working woman to take time from their work. To protect the health of the mother and ensuring complete safety to the child.
Protection against dismissal or termination during pregnancySection 12 provides protection to pregnant women during pregnancy and any dismissal or termination at the time of pregnancy is unlawful and is punishable under maternity leave law in India. However, any misconduct by the employee shall have necessary actions as per the company policies. The minimum number of days required for a woman to work in an organization to avail the maternity leave benefits is 80. Therefore, if a woman has worked at least 80 days during the past 12 months immediately preceding the expected delivery date. It is irrespective of if the employee is on probation or on contractual basis. Duration of Maternity Leave in IndiaThe current Amendment Act, 2017, has increased the duration of paid maternity leave benefit to 26 weeks, which was 12 weeks earlier. Therefore, women can avail paid leaves of 26 weeks after the introduction of the amendment act, 2017 effective July 1, 2017. This duration is applicable for the birth of the first and second child and women who are expecting a third or a consecutive child they shall be paid for a duration of 12 weeks (6 weeks pre-delivery and 6 weeks post-delivery). Adoption of a childThe Amendment Act, 2017 is applicable in case of adoption as well. The women shall be given 12 weeks paid leaves from the date of adoption. Therefore women who plan to adopt the child can avail the leaves for 12 weeks. The earlier law was silent for the adoption case and growth in the number of adoption in India and to encourage the adoption put forward by the government of India. Work from HomeMany organizations provide options to work from home for providing facilities to mothers and employees who have to take care of their dependents. While this type of working practice has been increasing in India, this act also introduces a new option to work from home. However, this option is only applicable only if defined under company policy. Women can avail the option to work from home to take care of their young ones even after availing the maternity leave benefits under the maternity leave laws in India. CrèchesIn an establishment having more than 50 women employees must have in-house crèche facilities. The women must be allowed to visit the facility 4 times during a day to look after the child. However, the Act is silent on the maximum age of the child for a crèche facility. AwarenessIt is the responsibility of the employer to inform about the maternity leave benefits and policies. It should be communicated to the women employees at the time of appointment. Written or electronic communication can be used for the same. Every employer has to make the joining women employees aware of the company policies in relation to the availing of the maternity leaves benefits and the minimum requirements for such leaves along with the documentation required. Women employees should be aware of the maternity leave rules in India. Duration for availing leave under maternity leave law in IndiaThe paid leaves can be availed 8 weeks before the expected delivery date and shall be extended to 26 weeks of paid leaves from this time period. However, it depends on the women employee to plan the leaves the act only talks about the time frame by when the eligibility to avail the leave is triggered. Maternity benefit Amendment Act, 2017 under maternity leave rules in India has undoubtedly addressed some issues that were not incorporated in the Maternity Act 1961 before. While maternity leave benefits act amendments have helped in the empowerment of women. It has also been providing a sense of safety and self-rights at the work place. There are some issues which have not been addressed by the act: Promoting PatriarchyThe amendment act is getting criticism as the government has not made any provision for leaves for the fathers. The complete responsibility of nurturing and caring of child is on mother. It in turn promotes patriarchy as a father should get leaves to take care of his child. It is worth to quote the words by Quentin: “Maternity leave and parental leave is absolutely vital for strengthening families. It’s an issue for men, women” – Quentin Bryce Parental leaves are a part of legal program and it comprise of the legal rights and obligations for the parents. The international labour organization (ILO) also oversees the maternity leave rules in India and other countries. In a study, conducted in 2014 on 186 countries by ILO, it was found that all countries were in compliance of the laws relating to parental leaves. However, in India there is no legislation in this regard. There are no rules or regulations in relation to family leave or parental or paternal leave in the maternity leave rules in India. It raises concern as to the intent of the act. It seems to promote patriarchy. Negative impact on job opportunities for womenAs a result of such high number of paid leaves many private firms and organization will avoid giving job opportunities to married women. The increase in the number of paid leaves from 12 weeks to 26 weeks will impact the costing of the employer. It will directly impact the job opportunities for women as the employer will end up paying full cost to the women employee on leave. At which they can hire another resource during the absence, increasing the cost. This in turn will result in increase in preference to hire male employees over females. The provision could affect organizations who have been employing women workers predominantly. Lack of clarityThere are multiple provisions in the act which lacks clarity and are subject to assumptions and interpretation of the law. For example, it is not clear that the crèche facility is applicable for the child up to what maximum age. Also, the provided time period can be extended for the establishment. No provision for unorganized sectorMany socialist groups are criticizing as the act is applicable on the establishment having more than 10 employees. The unorganized sector which employees around 90% of the working women class is outside of this purview. The unorganized sector covers the factories, mines, shops, and establishments having less than 10 employees. This makes the act ineffective as it excludes a major chunk of the society of any paid maternity leave under the maternity leave rules in India. Lack of Institutional supportThough the women working in the unorganised sector can avail benefits from the schemes such as the Janani Suraksha Yojana and the Indira Gandhi Matritva Sahyog Yojana. Maternity leave benefits come only in terms of cash assistance and lack of other institutional support provided in the maternity benefit Act. Recommendations and conclusionIncreasing maternity benefit is a welcome step. The government should devise some mechanism to maintain the competitiveness of the private sector. Uniformity in labour law about maternity leave benefitsThe government must bring uniformity in labour laws regarding maternity leave benefits. The acts like Employees State Insurance Act, 1948, All India Services (Leave) Rules, 1955, Central Civil Services (Leave) Rules, 1972, Factories Act, 1948, and the Unorganized Workers Social Security Act, 2008 has issues in coverage, reimbursements and funding. These laws must equally benefit everyone across India. Better to rethink on the financial burden of the employerIn many countries, the maternity leaves include paid social insurance or other funds aiming to provide benefits. The current amendment may dissuade employers from hiring women as they have to cover the additional financial burden of maternity benefits. To stop this, the government should follow the advice of the international labour organization (also known as ILO). ILO has expressed that the expense of giving maternity advantages must not be only borne by the business. In such a manner, the administration should approach intending to the maternity advantage financing issues. The legislature ought to settle on paying advantages through mandatory social protection or open assets as suggested by the ILO. In such a manner, the Pan India extension of Maternity Benefit Program (MBP) of the Ministry of Women and Child Development is an appreciated advance. The plan is applicable to every pregnant lady and lactating moms and rejects the pregnant ladies and lactating moms in standard work with the Central Government or State Governments and in Public Sector Undertakings. The act must give provision for paternity benefitsAnother issue is that the alterations are quiet on arrangements with respect to paternity benefits. At present, paternity advantages are allowed in government employments as a piece of leave rules and in private associations as an issue of inward strategy. In such a manner, ILO has perceived men’s entitlement to parenthood. It needs to consider men to be dynamic co-parent. In a nation dominating gender generalizations, gender orientation adjustment is required to deal with parenthood. The administration should think of a boosted plan with respect to paternity advantages to accomplish this target. Moreover, it will bring back the competitiveness as the establishment cannot prefer male employees over women as the benefits will be for both the parties. #MaternityleaverulesinIndia #maternityleavelawinIndia #maternityleavebenefits #Maternityleave |
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October 2020
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