Spousal rape, also known as marital rape is a Penal Offence under Section 375 and 376 of Indian penal court. According to the legal laws for women in India, non-consensual intercourse with your partner is marital rape. “Non-consensual intercourse leads to human rights violation. It is the gravest form of domestic violence.”In Section 375 of Indian Penal Code, the Offense is defined as: “A man is said to commit ‘rape’ if he penetrates his penis to any extent. Or applies his mouth into the vagina, urethra or anus of a woman or makes her do so with himself or any other person.” Under section 375 Spousal or Marital Rape is against the married women rights in India and it is punishable. It states that the offence is liable only if the wife is less than 12 years. However, for the wife between 12-16 years of age, an offence is committed but with less serious punishment. Once the age is above 16 years, there is no legal protection given to the wife, in direct contravention of human rights regulations. For women under 16 years, it is essential to know their safety once they are aware of rights in spousal rape. Does Marital Rape exist?Yes, despite the fervent denial of government. Marital rape has been disintegrating the women’s rights in India built by social contract, love, financial deals and religion. In current times, 10-14% of married women face marital rape. It mostly happens due to unawareness of their rights in spousal rape. On clinical test, every 1 woman in 3 or 1 woman in 2 suffers from marital rape. Sexual assault by spouse forms 25% of the total rapes. Women who tried to flee becomes the prime target. The Criminal charges on marital rape are prompted by acts of genital contact with mouth, anus, vagina; or insertion of objects forcibly without consent. Such acts are conscious acts of bullying, A show-off of men’s superiority over women. Another trend that is changing the perspective for marital rape is the global conversion of the marriage as an institution. Its a transformation from reproduction to closeness as the main objective of marriage. And shows a huge shift in heterosexual relationships. Marital rape is SeriousLike other forms of sexual violence, spousal rape may bring many physical and emotional consequences such as:
What does Media say?A recent debate on a renowned news channel, consisting of 3 women panellists. It said Indian society is not ready to handle the outcome of criminalizing marital rape. Similar to those who defend Triple Talaq, are making our country fall under the category of 36 countries that could not criminalize marital rape and could not support married women’s rights in India. How other countries are dealing with marital rape?Poland in 1932 was first to have a law explicitly making a criminal offence. Since 1980 many common law countries have developed their legal system and have explicitly abolished marital rape in direct or indirect ways. These include South Africa, Canada, New Zealand, the US, etc. What do our leaders say?The Minister for Women & Child Development, Maneka Gandhi, supported the possibility of making marital rape a criminal offence by making this statement: “It is considered that the concept of marital rape as understood internationally cannot be suitably applied in the Indian context. Due to various factors like level of education, illiteracy, poverty, myriad social customs & values, religious beliefs, social mentalities. As they treat marriage as a sacred institutional practice.” An example of jurisdiction considering marital rape as a criminal offence is one of India’s neighbouring country Bhutan. Bhutan defines ‘Marital Rape’ under Article 199 as: “A defendant shall be guilty of marital rape when forcefully engaged in sexual intercourse with one’s own spouse without consent.” Whereas Section 375 of the Indian Penal Code (IPC) considers Marital Rape when the wife is below 16 years of age. It is not considered a crime for the wife of more than 16 years of age. As a result, Marital Rape victims have to consider an alternative route of the Protection of Women from Domestic Violence Act 2005 (PWDVA). This act outlaws Marital Rape and supports the victims while standing for the married women’s rights in India. Although the remedy is provided via civil rights for the offence. To put an end to the misuse of this law, the UN Women Association suggested the abolition of settling issues with paying price to the wife for the perpetrator of domestic violence, including spousal rape. Paying any prices cannot be a practice in defence to a domestic violence charge. People who can be an angel for those suffering from Marital rapeNGOs and other voluntary organizations come with solutions to help victims overcome such situations. Majlis and Swaadhar in Mumbai, Sneha in Chennai, Vimochana in Bangalore are working on different women issues arising from domestic abuse. They are helping a lot of sufferers. Raising voices for the married women’s rights in India and especially standing for the rights in spousal rape. A women’s counselling centre named Anweshi in Kozhikode provides meditation, resources, and counselling for women. It helps them recover from the dilemma and to give a new start. These bodies have their contact details and registered offices with websites for online presence where help seekers can approach. Talking about men, there are a few NGOs like SWAM (Social Welfare Association for Men) that work for the welfare of men. Looking at the rising issues in fraud complaints, we need to have some more of such organizations. What can you do in an emergency?How to fight for rights in spousal rape? Go to a safe place, for example, the nearest hospital, police precinct, or someone’s home. Then immediately call for police protection and assistance as they are always ready to deal with domestic violence situations. If the help doesn’t arrive on time, one can also call the women’s helpline number 1091 to help strengthen legal laws for women in India and to address issues fairly and transparently. Take the next step, visit the local hospital emergency room for immediate medical care to diagnose for injuries. Also to prevent infections and pregnancy and consult with the experts for the collection of evidence to take action against rape assault. In such situations, avoid urination, showering, combing or changing clothes before going to the hospital. Taking these precautions help collect evidence and stand up for legal laws for women in India. As a long-term remedy supporting educational and prevention programs on local, state and national levels could be helpful. Since every woman must know her rights in spousal rape it is an action to strengthen married women rights in India. Let’s be responsible. Let our daughters and daughters-in-law stand up for their rights against everything unjust. #MarriedwomenrightsinIndia #MaritalRape #MaritalRape #LegalLawsforwomeninIndia #rights
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Does India Need Aadhaar Card? You might already possess documents like Pan Card, passport, driver’s licence, etc. which help you in identification. So why do you need an additional document like the aadhar card?And what are the benefits of aadhar card What is an aadhaar card? The Aadhaar card is a unique identification number which is connected with fingerprints and iris scan of the cardholder. UIDAI issues the aadhar card. It functions as a proof of identity and not of citizenship. The code on the card is a 12-digit unique number which the UIDAI assigns to Indian citizens after they complete the verification process. Indian residents may voluntarily enrol to acquire an Aadhaar card regardless of their age, gender, religion, etc.. So, Why was the Aadhaar card introduced in India? National databases can prove to be quite helpful in increasing the efficiency of administration. In India, there were several means of verifying identity, for eg., electoral identity card, income-tax PAN card, passport, ration card, driving license, etc. But they weren’t capable to handle a large population such as India’s. The concept behind Aadhaar was to formulate a centralized system for India with one form of recognizable ID. Thus, reducing the use of birth certificates and ration cards which were prone to loss and damage. The old system also left marginalized people especially the rural poor struggling to obtain state services. Thus, the aadhaar card scheme was started in 2010 by the then PM Dr Manmohan Singh. The basic intention of the card is the identification of citizens and giving them the terminal benefits of the government schemes. Additionally, people can use the aadhar card pan India as an identity card. They can also link it with bank accounts, insurance, and pension. In the ruling of 2018, the Supreme court states that “Unique identification proof empowers and gives identity to marginalised sections of society.” What is the importance of Aadhar Card
These benefits establish the importance of aadhar card. Thus, India needs an Aadhar card. #aadharcard #aadhar #importanceofaadharcard #benefitsofaadharcard #UIDAI Section 154 of The Code of Criminal Procedure deals with registration of First Information Report (though the Section does not use the word ‘First Information Report or FIR). Know your rights on how to file an FIR in India, procedures of filing an FIR both through physical and online FIR filing system. Know everything about filing FIR in India and how to escalate the situation if any official refuses to file a complaint. How to file an FIR in India? One can do online FIR registration or online police complaint about cognizable crimes. Non-cognizable crimes require submitting a complaint to the magistrate. The magistrate, in turn, directs police for action. A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc. These are the crimes where arrest can be made without a warrant. A “non-cognizable” crime covers cheating, fraud, etc. There is a difference between an FIR and a complaint. A First information report is the report of crime or civil issues that the police receive first in point of time. The commission of the crime or the police has the right to arrest without warrant and can start the investigation. The complaint refers to an appeal made to the magistrate, comprising an allegation that a crime has taken place. You can file FIRs online. You can always find relevant information and get contact information from each State’s Human Rights Commission office. It can be through the website of the National Human Rights Commission http://nhrc.nic.in Moreover, it is not necessary to go to the police station if the police ask you to visit, unless the police are arresting you on criminal grounds. Grounds for the arrest of a citizen Police can summon you to the police station in case you are a witness, suspect or have a perceived part in the crime. The police cannot take you with them while you are walking outside or you are at home if you haven’t done anything illegal. Unless they have a substantial reason, you have the right to refuse to go with them anywhere. Police can only question a woman or children under 15 years in their homes. They don’t have to visit the police station. Let us summarize how you can file FIR in India (First Information Report). Register your complaint at the nearest police station. It can be done at the locality where the offence is allegedly committed, or where the victim resides or carries on business. The concerned police officer in the police station may register an oral FIR. One can make a written complaint. Which is then converted to the FIR format. The concerned Police officer, after recording the FIR in the prescribed form, will explain the contents of the said FIR. The complainant then has to sign over in the said recorded FIR. The Police are obliged to give FIR to the complainant. It should be noted that an FIR can even be registered by a person who is alleged to have committed a crime. What steps to take if the police refuse to register an FIR? Send your complaint in writing to the Superintendent of Police (SP) through registered post. Send a complaint to the concerned State Human Rights Commission or the National Human Rights Commission. Mention that the police are not enforcing the law or that they are being negligent and corrupt. It is a crime to refuse to file FIR in India. Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A petition can be filed and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court. It requests to take Suo Moto Cognizance of the alleged contempt of the court. A copy of the letter is also sent to the concerned police officer. One can check for the status of the petition through an application under the Right to Information (RTI). How to escalate your complaint? Know that you can:
You can write the complaint of your case and can send it by post to the senior officer of the police, Commissioner of Police or Superintendent of police. First, the superintendent analyses the complaint. Then sent to the High Court Chief Justice of the State. A copy of the online police complaint is sent to the Chief Justice of the High Court of the State once it is analyzed by the Superintendent of the police. You may send a written complaint in the form of the letter to the Concerned judicial metropolitan magistrate. After analyzing the letter magistrate will decide whether to take cognizance or not. An informant may also send an application to the judicial magistrate. You can even file a writ petition in the Hon’ble High Court for the issuance of writ of mandamus against the defaulting police officer. To give the reason why he has not registered the FIR, and why he should not be suspended from his position of police service for interfering in the administration of justice and disturbing the accused person. Right to Compensation A citizen can ask for damages/compensation, for the frustration and for the deprivation of life and liberty under Article 21 of the Indian constitution. You can file a case with the State human rights commission or National human rights commission in written form. You will mention that the concerned police officer is not doing his duty. Disregarding law. Stating the disregard for the victim’s problems that could create a situation of mental trauma or frustration for the victim. If a police official misuses their power against less privileged or someone who cannot read or write, an Application u/s 156(3) or Criminal Complaint u/s 200 of CRPC, 1973, can be filed. Also filed orally before the competent magistrate. But in the recent era, things have been changed now. Refusing to file FIR is an offence. Follow up the above guidelines and do not be silent on the crime. The one who is doing the crime is equally responsible as the one who is suffering from it. #filingFIRinIndia #Knowyourrights #onlineFIRregistration #RighttoInformation A billion people possess an Aadhar card. The majority of them still do not know everything about it or have misconceptions. This article covers everything you need to know about the Aadhar card. So what is an Aadhar card? UIDAI or Aadhar Card is a principal identification number issued by the Unique Identification Authority of India (UIDAI) on behalf of the Indian Government. The main objective of Aadhar is to establish a unique identity of every citizen. It acts as a proof of identity and address, and not of citizenship. The card has 12-digit unique number issued to people on verification. Any individual, who is a resident of India, may voluntarily enroll to acquire an Aadhar card. According to the official UIDAI website, “The Aadhaar identity platform is one of the key pillars of the ‘Digital India’, wherein every resident of the country is provided with a unique identity.” Why was the Aadhaar card introduced in India?` In several countries such as Argentina, Belgium, Colombia, Germany, Italy, Peru, and Spain etc., national identification systems have been implemented. While these schemes differ by country, generally people are assigned an ID number, which is used for a wide range of identification purposes. Storing data in a centralized database. These databases are helpful in increasing the efficiency of administration. The electoral identity card, income-tax PAN card, passport, ration card, driving license, etc., verify identity in India. They can’t handle India’s large population. The aadhar card was introduced in 2010 by the then PM Dr Manmohan Singh. The card is used as a nationally acceptable identity card and can be linked with bank accounts, insurance, and pension. What are the benefits of Aadhar Card?
In September 2018, the supreme court revoked several provisions of the Aadhaar card which could violate the privacy of Indian citizens. The Supreme Court ruled that Aadhaar Act does not violate your right to privacy when you agree to share biometric data.
As mentioned above, the supreme court ruled that private companies cannot demand Aadhaar card details. But the judgement also states some areas where the Aadhaar card is mandatory. PAN card: Under the section 139AA of the Income Tax Act, the linking of Aadhaar card with PAN card is mandatory. Tax evaders generally used to create multiple PAN cards to avoid income tax. By linking Aadhaar with PAN, multiple PAN cards become invalid. Filing income tax returns (ITR): As Aadhaar-PAN linking is necessary, you will require the same for filing income tax returns. Welfare schemes: Aadhaar is mandatory to avail benefits under various government-run social welfare schemes and subsidies. Why you should register your mobile with Aadhaar? There are various reasons for registering your mobile number with the Aadhar card. Use OTP through registered mobile number to avail facilities. This OTP gives the Aadhaar card an added layer of security. Register your mobile number with Aadhaar in simple and easy ways. Enjoy its facilities and benefits. You can also download the mAadhaar app and carry your Aadhaar card on your phone once you have your mobile number registered with your Aadhaar. Fee for Registering Your Mobile Number in Aadhaar People have to pay a fee of 25 INR to take advantage of the service when they visit the Aadhaar Enrollment Center for either registering or updating their mobile number. They will have to pay an additional 25 INR every time they update their mobile number. No fees for updating other details. Documents Required to Register Your Mobile Number in Aadhaar. Candidates do not have to submit any document for updating or registering their mobile number in Aadhaar. Only the Aadhaar update Form, that contains their current mobile number, has to be submitted along with the fee. What is the password for e-aadhaar? Aadhar Card is a unique ID. Used in financial and non-financial activities across India. e aadhar is advisable to download PDF format E-Aadhar from the UIDAI official website along with a . If you update your details on the Aadhaar card and do not receive the updated card, download the PDF of the Aadhar card after you receive an SMS notifying you about the completion of the update. Process of getting E Aadhar:
#Aadharcard #UIDAI #eaadhar #JhanDhanYojana #aadhaar In September 2018, the supreme court passed a historical judgement which modified several terms of the Aadhar card. The unmodified terms could potentially violate the privacy of Indian citizens. The five-member bench delivered a majority judgment. The bench pronounced three sentences. Important Takeaways From the Supreme Court Ruling: 1) The Supreme Court judgement states that no individual’s rights can be dismissed on the grounds of lack of possessing an Aadhar card. 2) It is no longer necessary for citizens to link their bank accounts and mobile numbers with Aadhaar. 3) If children cannot provide an Aadhar card they cannot be denied the benefits of any scheme and that schools cannot compel parents to submit Aadhaar numbers of their offsprings during admission. Likewise, the ruling prohibits the government from linking Aadhaar with exams conducted by the CBSE, NEET, and the UGC. The order also bans private organisations from requesting and accumulating Aadhaar details of their workers. 4) Aadhar card will continue to be compulsory for filing of income tax returns and allocation of Permanent Account Number (PAN).5) The marginalised sections of society benefit from the Aadhar card as it provides them with an identity states the Supreme court ruling, furthermore, it also mentions that Aadhaar is serving a much bigger public interest. 6) The court has barred the government from assigning Aadhar cards to unauthorised immigrants. 7) The majority verdict maintained that the Aadhaar Act does not infringe the right to privacy of an individual. 8) Justice Sikri one of the judges of the 5-member bench, ruled out the probability of people getting duplicate Aadhaar card. He said that there is a satisfactory defense mechanism to guarantee that the Aadhaar scheme is genuine. 9) The Supreme Court ruling removed the provision in the Aadhaar Act that permitted the sharing of information on the grounds of national security. The court ordered the government to bring in a robust law for information protection at the earliest. 10) Justice DY Chandrachud, the only judge who wrote a dissenting judgment, said the Aadhaar scheme in its whole is undemocratic. Also, he mentions that UIDAI cannot use the rights of 1.2 billion Indian citizens as a mere contract. He said that the Parliament was incorrect in passing the Aadhaar Act as a money bill. 11) Justice Chandrachud said many terms of the Aadhaar Act provide for the invasive collection of biometric data. He further argues about the transparency of the outcome in case of bio metric data mismatch. Major Outcome by Supreme Court Ruling on Right to Privacy:Supreme Court has mentioned that it is not mandatory to link your Aadhar Card with your phone number and bank account but it is mandatory for linking PAN. It has directed the Center to conduct Data Protection Law. Supreme Court has observed that the Aadhar Card in India or UID does not create a state of surveillance nor does it breaks the right to privacy. A declaration was made by the Supreme Court of India that though the biometric project was constitutionally valid, it had scope limitations. Which churned out a decision that the Aadhar Card is not mandatory for the mobile connections, banking and admissions in educational institutions. #Supremecourtruling #supremecourtjudgement #aadharcarddetails #Supremecourtruling #aadharcard Education plays a huge role in the quality of life and the holistic development of the child. It provides children with the ability to read and write, thus helping them to communicate. Literate people can easily use technology, get better jobs and serve society. It is thus extremely unfair to underprivileged children, that they cannot receive an education due to lack of resources. How can they break the cycle of poverty without education? Right To Education To ensure that every child receives a quality education, the Government of India introduced the Right To Education Act in 2009. The act defines the importance of free and compulsory education for children of ages between 6-14 years. The central government has to develop a framework of the national curriculum with the help of academic experts of state governments. It will be an important initiative since the present practice of the NCERT preparing the national curriculum framework was of an advisory nature. Under the Act, it has become compulsory to involve the state governments too. Under the right to education act in India, private schools have to reserve 25% of seats. The government reimburses these schools under the public-private plan. Students can avail admission on the basis of economic status and caste reservations. Additionally, the RTE act in India states that students cannot be failed, expelled or required to pass a board examination in elementary school. It also prevents all unrecognized institutions from practice and bans the donation practice for admission. The Right to Education Act mentions rules concerning Pupil-Teacher Ratios. Furthermore, it has guidelines for maintaining the infrastructure of schools and working hours of teachers. The Act recommends employing well-educated and qualified teachers. There should be a proper ratio of teachers in urban and rural areas. The RTE Act in India prevents the mental or physical harassment of any student. Since every student is entitled to get education freely, they should be free from any kind of fear regarding harassment, unequal treatment, etc. The Right to Education Act changed the Education system in India. It made quality education more accessible to children with a low-income background, thus preparing them for a better future. #righttoeducationinIndia #righttoeducationact #righttoeducation #educationsysteminIndia #RTEactinIndia We only have around 11 years to prevent irreversible damage caused by global warming. We are the last generation that can potentially stop permanent damage to Earth. Fast-growing population, urbanization and industrial activities have all led to a significant deterioration in the quality of the environment. If the situations are so dire, then why are we still not taking our planet seriously? Since we use Earth’s resources to sustain, it is also our duty to protect it. When every citizen does their part, only then can we bring a change. These steps may seem small but will help in the longer run
The above steps we can follow at an individual level. We have the environmental law in India which aims to provide people with a clean environment. Some of the more famous Environmental Movement in India are:
The environmental acts in India are as follows:
#environmentalactsinindia #environmentallawsinindia #environmentalmovementsinindia #environmentalrightsinindia #environment For any civilized society to function, people need to follow the laws. We obey laws to fulfill our moral obligations and to avoid legal consequences. But if people are not aware of laws then how can they follow them? Listed below are some of the Indian laws people need to know about. Law for Motorists
#IndianLaw #legalrights #legalrightsinIndia #womenrightsinIndia #Rights 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 working woman to take time from their work.To protecting health of the mother and ensuring complete safety to the child.
Protection against dismissal or termination during pregnancy Section 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 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 India The 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 child The 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 or 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 Home Many 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. Crèches In 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. Awareness It 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 India The 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 Patriarchy The 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 women As 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 clarity There 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 sector Many 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 support Though the women working in 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 conclusion Increasing maternity benefit is a welcome step. The government should devise some mechanism to maintain competitiveness of the private sector. Uniformity in labour law about maternity leave benefits The 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 financial burden of the employer In 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 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 manner, the administration should approach in tending 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 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 benefits Another 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 manner, ILO has perceived men’s entitlement to parenthood. It needs to consider men to be a 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 How to save income tax in India?Often, people end up paying taxes more than they should because of lack of awareness. If you file your own taxes it is quite possible that you might commit the same mistake. This blog discusses the best tax saving funds in India and different ways of how to save income tax in India. ELSS Mutual Funds This remains the best tax saving mutual funds in India despite the introduction of the tax on long-term capital gains from equity funds. The 10% of the tax is applicable only on the gains beyond Rs 1 lakh. Routine collection of capital gains can decrease the liability to a great extent. It also provides the highest returns among other 80C options. ELSS funds have the lowest lock-in of about 3 years and the return of the past three years has been 9.78%. There are other problems present as the Equity markets were unpredictable last year and 2019 may not be any different. The economy has slowed down. This should not worry the long-term investors who stagger their purchases and average out their costs through monthly SIPs. But the SIP window is not applicable for taxpayers who have to show proof of Section 80C tax-saving investments in a few days. “A lot of taxpayers are eager to invest in ELSS funds but we don’t want them to invest recklessly. If a first-time investor loses his/her money, they remember it for a lifetime and would stay away from the equity for a long time.” Says Shweta Jain, CEO, and Founder, Investography a Bengaluru – based financial advisory firm. She advises taxpayers to not put a large sum into ELSS funds at one go, distribute it over 2-3 tranches before the 31st March deadline. It should be noted that the risk is equal with all ELSS funds. Some invest more in small and mid-cap stocks while others invest more in large-cap ones. As the ELSS provides numerous benefits, it is currently the best tax saving mutual funds in India. The best ELSS fundsTURBO-CHARGED National Pension Scheme At the time of retirement, 60% of the corpus is tax-free. People can keep investing in NPS until the age of 70. They can also stagger their withdrawals. Additionally, investors can also allocate 75% to investments in the active choice option of the National Pension Scheme. Even though short-term returns may not seem very beneficial, in the long run, investors earn double-digit returns. Return of NPP has been 10.84% in the past five years. “According to experts, NPS is the better alternative to PPF and bank deposits.” National Pension Scheme helps people save income taxes in 2 ways: People can declare contributions of up to 1.5 Lakh INR as a deduction under section 80C. Furthermore, 50,000 INR can be deducted under 80 CCD(1b), Employers can deposit 10% of the salary of employees in NPS. The capital will not be taxable. Public Provident Funds (PPF) PPF funds is a savings fund provided by the Indian Government. The government pays the interest. The interest rate for PPF is 8 %. In PPF helps save income tax by making the interest completely tax-free. Whereas in fixed deposits interest is taxable. Thus, advisors prefer PPF over fixed deposits. Public provident funds are also an easy investment and score high in terms of safety. You can easily open an account in any post office branch. Some private banks also offer PPF. Tax deductions for employed workers: The income tax department allows multiple income tax exclusions for salaried employees. This proves to be very effective in saving taxes. To avail these benefits, workers have to inform their employers in advance. The various income tax exclusions for salaried workers are listed below:
Loans to claim tax deductions Home loans are a great way to save taxes. Under section 24, not only the principal repayment but also the interest is tax-free. For self-occupied homes, the tax deduction limit is INR 2 lakhs. Although, if the property is rented out the interest goes tax-free. Moreover, first-time owners get additional INR 50,000 reduced under section 80E. Higher education is increasingly becoming expensive. Education loans that are taken for spouses, offspring, or for students whose guardians are taxpayers are eligible for tax-free interest under section 80E. This reduces a huge burden on taxpayers. The loans must be taken from either a charitable or financial institute. Health Insurance A simple way of saving income tax is through buying health insurances. Tax deductions can be made on the premium of the health insurances under section 80D. If you pay health insurance for yourself or for dependent family members the tax reduction is around 25,000 INR. For senior citizens, the tax reduction is 50,000 INR. If you pay a premium for dependent senior citizens then you receive an additional tax reduction of 50,000 INR. In this manner, you can save 1 lakh INR in tax reductions. These are the easiest and most profitable ways in which you can save income tax and enjoy your rights while exercising your responsibilities simultaneously. Make sure before you invest anywhere you consult an expert to ensure your investment is safe. #besttaxsavingmutualfundsinIndia #howtosaveincometax #taxsavingfundsinindia #howtosavetaxinindia |
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October 2020
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