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Space Laws In India

Space law refers to the body of legislation that deals with and controls space-related activities. Space law, like international law, is made up of a number of international accords, conventions, and treaties, as well as resolutions of the United Nations General Assembly and the norms and regulations of many international organizations. Space Law is concerned with the laws, regulations, principles, and standards of international law included in the five international treaties mentioned above.

The Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement are five sets of principles regulating outer space that have been developed under the United Nations' patronage and auspices. In addition to these international treaties and accords, several governments have their own national laws that control space-related activity.

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Space law addresses and investigates a wide range of issues, including the preservation of the space and Earth environment, liability for damages caused by space objects, dispute resolution, astronaut rescue, the sharing of information about potential dangers in outer space, the use of space-related technologies, and international cooperation.

The conduct of space activities is guided by a number of cardinal and fundamental principles, including the belief that space is the territory of humanity, the freedom to explore and use outer space by all states without discrimination, and the principle of non-appropriation of outer space, which prohibits states from determining their sovereignty over space bodies.

Indian Space Regulations

India still lacks a space legislation that governs its actions in space. The government controls the pace industry in India, which is overseen by the Indian Space Research Organization (ISRO). The private sector has often asked the government to open up the Indian Space Programme so that firms might invest in developing India's space capabilities. However, no fundamental reforms have occurred, and the space program remains a government monopoly.

The Indian Government presented the Space Activities Bill 2017 in order to reform India's space policy. The draft measure has gone through public and legal review and is now being forwarded for final approval.

Since its inception in 1972, India's space operations have been wholly regulated by the Department of Space; previously, the Department of Atomic Energy was in charge of all administrative aspects of the country's space program. Until recently, the necessity for national space laws or regulations was not recognized in India since outer space is viewed as an international concern rather than a local one.

India has never contemplated enacting a space legislation for two reasons: For starters, India did not previously have a commercial sector that could participate in India's outer space goals. Only until the business sector saw the possibilities in participating in India's space program did there appear to be a willingness to participate in India's space program.

Second, the Indian Space Programme did not intend to explore space or send human or unmanned missions to the outer space; however, this has changed as India has dispatched missions to Mars and the Moon. India believed that because India was already a signatory to multiple international space treaties, there was no need for separate domestic space treaties.

Things have altered drastically since then. The government suggested privatizing the Indian Space Programme in May 2020, although the chairman of the Indian Space Programme repeatedly refuted this allegation.

The government established a new entity called as the IN-SPACe in June 2020. (Indian National Space Promotion and Authorisation Centre). IN-SPACe is a "single window nodal agency" created to accelerate the commercialization of Indian space operations. 2. It was the foundation of this corporation that sparked the discussion about the privatization of India's space program.

This Indian government also released a draft of the Space-based Communication Policy of India-2020, dubbed the Spacecom Policy-2020, as well as draft norms, rules, and regulations, as well as guidelines and processes for implementing the Spacecom Policy-2020.

The policy tries to accomplish two goals. To begin, the policy seeks to govern the commercial use of satellites, orbital slots, and ground stations for communication purposes. Second, this regulation addresses how private parties might obtain permission to establish new communication satellites and ground stations.

Conclusion

As this is a recent subject in comparison to the themes and topics on which many laws already exist, India currently lacks sufficient and relevant space laws. India is developing new space regulations and even proposing new space laws. There is absolutely a need for laws on outer space because controversies develop on every single subject nowadays, hence there is a demand for space laws to oversee the operations in outer space. Many other nations have their own space laws, and because India cannot rely solely on international treaties, new and better space laws are urgently needed.

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Indian Laws Governing Marriage

 All weddings in India are governed by the Hindu Marriage Act of 1955. This statute covers every facet of marriage.

The Hindu Marriage Act was passed in 1955 to codify marriage law between Hindus as part of the Hindu Code Bill, as each individual is controlled by personal rules of his or her religious convictions in India.

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The Hindu Marriage Act’s scope of application

The following individuals are covered by the Hindu Marriage Act:

A Brahmo, Prarthana, or Arya Samaj adherent as well as a Virashaiva, Lingayat, or other religious groups.

a valid or invalid concern of Hindus, Buddhists, Jains, or Sikhs.

A minor who was raised as a legitimate member of his or her parents’ group, tribe, or family and whose parents are Hindus, Buddhists, Jainists, or Sikhs

Any individual living in a location where this act is applicable who is not a Muslim, Christian, Parsi, or Jew.

a follower of the Hindu, Buddhist, Jain, or Sikh religion who has either converted or converted again.

Someone who practices Buddhism, Jainism, or Sikhism.

Mandatory Conditions for Hindu Marriage

Hindu marriages are considered to be solemnized if all of the following requirements are met:

At the time of the wedding, neither the bride nor the groom should be living with anybody.

At the moment of marriage, neither the bride nor the groom should be incompetent.

Neither the bride nor the groom should have a mental illness that would prevent them from getting married and starting a family.

Unless their culture forbids it, neither the bride nor the groom should be sapindas or cousins.

The bride must be at least 18 years old and the groom must be at least 21.

Neither the bride nor the groom should experience seizures or be insane.

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Displacing the Impact of this Act

The provisions of this Act provide that any text, rule, or interpretation of Hindu Law, as well as any customs or usages considered to be part of the law, which were in effect to control any of the matters covered by this Act, should cease to be in effect as of the day this Act is put into effect. Additionally, any legislation that was in effect previous to the start of this act but whose provisions are in conflict with this act will be null and void as of the start of this act.

Marriage rituals in the Hindu religion

The marriage should be celebrated in accordance with the couple’s respective cultural traditions. Saptapandi, the act in which the bridegroom forms seven circles or fears around the holy fire, must be performed during one of the rites.

Keeping Records of Hindu Marriages

The state government has made it a requirement to enter information about the terms and circumstances of the marriage in the Hindu Marriage Register as proof of the marriage ceremony. According to subsection (1) of the statute, this is required. A fine of 25 rupees may be imposed for breaking this rule.

The Hindu Marriage Register is admissible evidence and is accessible for viewing at reasonable hours. The failure to make an entry in the register, however, does not render a marriage invalid.

Restoration of Marriage Rights

The other party may appeal to the District Magistrate for the restoration of conjugal rights if one of the parties withdrew from society without a good reason. The court may decide to reinstate the repayment rights after verification.

Court Separation

A petition for separation must be submitted for a marriage that was solemnized before or after the start of this Act, according to sub-section (1) of Section 13 of this Act. If the court petition is granted, the couple won’t need to wait.

Voidable Marriages

The following situations will render pre- or post-commencement marriages voidable and invalid:

When either partner’s impotence prevents the marriage from being consummated.

When a requirement of Section 5’s clause (iii) is broken by the marital

if the petitioner’s kid is not the respondent’s unborn child.

If the approval of the petitioner’s guardian was gained by deception or a false portrayal of material facts in the instance of child marriage.

The legitimacy of children of void marriages

In accordance with Section 11 of this Act, a child is legitimate if the marriage has been legal regardless of the union’s present legality.

Any kid produced before a ruling that declares the marriage null and void is regarded as legitimate

Penalty for bigamy

The marriage is deemed null and void in accordance with sections 494 and 495 of the Indian Penal Code if either spouse had a live-in pair at the time of the marriage.

Penalty for Violating Certain Other Conditions

The following penalties will be meted out for violating the act’s conditions:

If the clause in clause (ii) of section 5 is violated, the offender faces a maximum fine of Rs. 1000 and a 15-day jail sentence.

A person who violates Section 5’s clause (iv) or clause (v) is subject to one month in jail, a fine of up to Rs. 1000, or both.

Since India’s independence, a thorough law called the Hindu Marriage Act has been in place to control how Hindu weddings are handled there. The requirements of this legislation cover all crucial facets of marriage, making them extremely significant to the citizen.

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An Insight Into The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2020

The Indian economy has been badly disrupted by the COVID-19 outbreak ("the pandemic"), with restricted cash flows and minimal corporate activity. The balance sheets of many organizations have been significantly impacted, resulting in a lack of finances not just for maintaining corporate operations but also for debt repayment. However, it should be noted that this lack of finances is not a symptom of company failure, but rather of temporary discomfort induced by the pandemic.

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Various initiatives have been implemented to alleviate the financial pain caused by the current economic recession for corporations and businesses. The Insolvency and Bankruptcy Board of India ("the IBBI") inserted Regulation 40C into the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, which provides for the exclusion of the time period of lockdown imposed by the Central Government in the aftermath of a pandemic from the time-line for any activity related to a corporate insolvency resolution process ("CIRP") under the Insolvency and Bankruptcy Code, 2016 ("Code"). 1 Furthermore, Regulation 47A was added to the IBBI (Liquidation Process) Regulations, 2016, which provides for the exclusion of time periods of lockdown imposed by the Central Government in the aftermath of a pandemic from the computation of the timeline for any activity related to any liquidation process under the Code. 2 The Reserve Bank of India ("the RBI") also allowed banks to give a three-month suspension on payment of any term loan payments due between March 1, 2020 and May 31, 2020.

Most crucially, on June 5, 2020, the President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 ("the Ordinance"). With the Ordinance in effect, the filing of applications for initiation of CIRP of corporate debtors under the Code for categorised defaults has been suspended for a certain period of time, so that corporate debtors facing financial distress as a result of the pandemic may be protected from being pushed into CIRP under the Code, giving them some time to regain business sustainability.

The Code was enacted to offer a system for the timely resolution of enterprises and businesses in financial crisis, so that the value of such organizations' assets can be maximized and the flow of credit in the economy can be maintained. It was created with the goal of balancing the interests of all stakeholders, including creditors such as financial institutions and banks, employees, other secured and unsecured creditors of the corporate debtor, and the corporate debtor himself. Furthermore, there may not be many prospective resolution applicants who are interested in injecting cash into the corporate debtor's resurrection and, as a result, would provide for resolution plans for such corporate debtor. As a result, even if the corporate debtors are financially sustainable, they will be liquidated prematurely with a poor rate of return on asset sale, negatively harming creditors' interests and the Code's objectives. As a result, the Ordinance was enacted to advance the Code's objectives, namely, maximum of asset value, balance of interests of all stakeholders, including creditors, and settlement of the hardship generated for corporate debtors by the ongoing economic pandemic.

ANALYSIS OF THE ORDINANCE'S PROVISIONS

Under sections 7, 9, and 10 of the Code, an application to begin CIRP can be filed with the National Company Law Tribunal ("NCLT"). By filing an application under Section 7 of the Code, a financial creditor can begin CIRP against a corporate debtor. Similarly, an operational creditor may commence CIRP by filing an application under Code Section 9. Finally, a corporate debtor might begin CIRP against itself by filing an application under Code section 10.

The Ordinance proposes inserting Section 10A into the Code, which essentially states that no application can be filed to initiate the CIRP of a corporate debtor for a default caused on or after March 25, 2020 for a period of six months or such further period, not exceeding one year, as may be notified from such date. 4 The proviso to section 10A specifies further that no application can 'ever' be submitted to begin CIRP of a corporate debtor under the Code for such defaults as specified in the Ordinance. 5 In other words, for such defaults, applications under sections 7, 9, and 10 of the Code have been suspended for the period provided in the Ordinance.

The Ordinance expressly states that section 10A does not apply to any defaults committed prior to March 25, 2020. Sections 7, 9, and 10 of the Code remain in effect, and petitions to begin CIRP can still be filed under the Code for defaults committed prior to March 25, 2020.

According to Section 66(2) of the Code, if a director or a partner of a corporate debtor, as the case may be, knew or ought to have known before the insolvency commencement date that the commencement of CIRP of such corporate debtor cannot be avoided by any reasonable means, and such director or partner did not exercise due diligence in minimizing the potential loss to the corporate debtor's creditors, the resolution professional may file an application before the insolvency commencement date. 6 In this regard, the second part of the Ordinance now inserts sub-section (3) in section 66 of the Code, which states that no application shall be filed by a resolution professional under section 66(2) of the Code in respect of defaults for which CIRP initiation has been suspended pursuant to the newly introduced section 10A. 7 This means that a resolution professional cannot file an application for fraudulent or unlawful trading against directors of firms for defaults for whom CIRP initiation is halted under section 10A.

It is worth noting that Section 66(2) of the Code addresses the time lag that exists between when stakeholders learn that CIRP will be initiated against a corporate debtor and when CIRP actually begins.

Furthermore, unlike Section 66(1) of the Code, which allows for liability for activities taken to cheat the corporate debtor's creditors or for any fraudulent purpose, Section 66(2) does not address any type of fraud. As a result, the intent behind the inclusion of section 66(3) in the Code is to provide immunity to corporate debtor directors for actions taken during the pandemic that may be detrimental to the interests of creditors but are otherwise taken to avert the financial risks to which the corporate debtors are exposed during the pandemic.

The unanswered questions

An effort has been made to mitigate the financial concerns of the companies and businesses by proclamation of the Ordinance. However, the Ordinance has certain fundamental flaws and left some glaring ambiguities that must be resolved.

1. Ambiguity in suspension duration determination:

Section 10A allows for the suspension of filing petitions to commence the CIRP of a corporate debtor for a default occurring on or after March 25, 2020 for a period of six months or such extended term, not exceeding one year, as may be announced. 8 However, it is unclear whether the six-month suspension period, or any subsequent term not exceeding one year, shall begin from the date of the Ordinance's promulgation, or from March 25, 2020, or from any other date specified under Section 10A.

2. Perpetual nature of suspension of filing of applications for classified defaults:

The Ordinance states that no application for CIRP of a corporate debtor under the Code can ever be filed for such defaults as defined in Section 10A. 9 This indicates that the prohibition on submitting applications to commence CIRP for such defaults as defined in section 10A is indefinite. However, the preamble of the Ordinance refers to the impact of the pandemic on businesses, financial markets, and the economy, stipulating that a moratorium on filing applications to initiate CIRP is necessary to prevent corporate persons facing financial distress as a result of the pandemic from being pushed into insolvency proceedings for some time, until the distress continues. As a result, a permanent restriction on filing applications to commence CIRP for such defaults may be damaging to creditors' interests, as the distress will not last forever.

The purpose of the Ordinance is to protect corporate persons throughout the period of financial crisis caused by the epidemic. Once the epidemic is over and corporate debtors are no longer in financial crisis, imposing a continuous blanket restriction on submitting petitions to begin CIRP for such defaults as indicated in section 10A is unreasonable.

3. Section 10A's impracticality:

There are no criteria in section 10A for establishing whether a corporate debtor's default was caused by the epidemic. The Ordinance merely specifies a cut-off date, namely March 25, 2020, after which CIRP cannot be commenced against corporate debtors if defaults occur. As a result, it may hurt the financial interests of corporate borrowers who defaulted prior to March 25, 2020, but such defaults were triggered by financial distress induced by the pandemic. It defeats the goal of the Ordinance, which is to alleviate financial hardship caused by the pandemic.

Furthermore, the lack of standards to judge whether a default was caused by the epidemic may incentivize corporate debtors to conduct wilful defaults after March 25, 2020, because creditors cannot launch CIRP even for such wilful defaults caused by corporate debtors. Section 10A provides for a blanket postponement of CIRP initiation for any defaults occurring after March 25, 2020, without taking into account the possibility that some corporate debtors may take unfair advantage of the immunity afforded to them.

Furthermore, the power to determine whether default by a corporate debtor has been caused on or after 25th March, 2020 should have been left with the Adjudicating Authority (“the AA”) under the Code, which is NCLT or NCLAT. As a result, the AA must assess the incidence of default because it is the triggering event for the commencement of CIRP against a corporate debtor, 10 and the AA can only do so after filing applications under sections 7, 9, or 10 of the Code 11. Section 10A, on the other hand, places an unrealistic bar on filing applications, creating an abnormal position for the AA.

4. Ambiguity in the Ordinance's retroactive application:

It is important to remember that the Ordinance will go into effect on June 5, 2020. The Ordinance is silent on the disposition of applications filed between March 25, 2020 and June 5, 2020 - whether the Ordinance's application is retrospective or prospective. This calls into question the Ordinance's rationale, as the Ordinance prohibits the filing of applications.

5. Ambiguity in determining default amount:

The minimum amount of default to be caused for submitting applications to begin CIRP of corporate debtors under the Code before March 24, 2020 was one lakh, twelve, which was increased to one crore by a notice dated March 24, 2020 ("the Notification"). 13 The higher threshold of minimal amount of default under the Notification must act prospectively, i.e., it shall not apply to the applications filed under sections 7, 9 or 10 of the Code before 24th March, 2020. 14 It is anticipated that corporate debtors will fail partially before and partly after March 25, 2020. However, the Ordinance does not specify whether such amount of default caused in part after March 25, 2020 is to be included or removed for determining the minimum amount of default under Section 4 of the Code for the purpose of initiating CIRP for defaults induced in part before March 25, 2020.

It is also possible that corporate debtors will default partly within the suspension period granted by section 10A, and partly after the suspension period expires. This creates another ambiguity in the filing of applications for initiation of CIRP for defaults caused after the expiry of the suspension period provided under section 10A, because the Ordinance makes no provision for including or excluding such amount of default caused in part before the expiry of the suspension period provided under section 10A in calculating the minimum amount of default under section 4 of the Code for the purpose of initiation of CIRP.

6. Irrationality of Code Section 66 Subsection (3):

As previously stated, the Ordinance proposes to insert section 66(3) into the Code, which provides immunity to the directors and partners of the corporate debtor from contributing to the assets of the corporate debtor in respect of defaults against which initiation of CIRP has been suspended pursuant to section 10A introduced by the Ordinance, even if the directors and partners of such corporate debt or do not exercise due diligence in minimizing the potential losers. This may alter the dynamics of the economy's credit market, as giving such immunity may dissuade creditors from lending to companies and businesses during the epidemic. The Ordinance contains no justification for providing total protection under section 66(3) of the Code in respect of such failures for whom CIRP initiation has been suspended under section 10A.

Furthermore, section 66(3) of the Code prohibits a resolution professional from making an application under section 66(2) of the Code in respect of defaults for whom CIRP initiation has been suspended under to section 10A. 15 However, application under section 66(2) of the Code can be filed during an on-going CIRP. 16 As a result, the addition of section 66(3) to the Code is unnecessary, as the Ordinance already prohibits the beginning of CIRP for defaults classified under section 10A.

7. Ignorance of Micro, Small, and Medium Enterprises:

Despite this, the Ministry of Corporate Affairs ("MCA") published Notification 17 on March 24, 2020 to prohibit MSMEs from entering into insolvency proceedings under the Code by increasing the minimum amount of default for the beginning of CIRP from 1 lakh to 1 crore. However, the Ordinance makes no provisions for dealing with the problems of Micro, Small, and Medium Enterprises ("MSMEs"). In practice, the Notification and the Ordinance may have a negative impact on the financial situation of MSMEs.

MSMEs give credit to firms in the form of operational debt or financial debt, as the case may be, and companies can default on debt owed to the MSMEs. However, during the suspension period specified in the Ordinance, MSMEs cannot commence CIRP against such corporate debtors who make financial defaults after March 25, 2020. Furthermore, starting March 24, 2020, MSMEs cannot pursue CIRP for defaults that occurred prior to March 24, if the amount of default is less than one crore. This means that after March 25, 2020, MSMEs can only commence CIRP for defaults in payment of debt owed to them if two conditions are met: first, the amount of default must be larger than or equivalent to 1 crore, and second, the default must have occurred before March 25th. As a result, by prohibiting MSMEs from commencing CIRP for defaults in payment of debts owed to them, the Ordinance, in conjunction with the Notification, may hurt rather than safeguard MSMEs' financial interests.

8. Unresolved issues in ongoing CIRPs:

There is little doubt that all businesses are experiencing financial difficulties as a result of the pandemic. As a result, it is critical to evaluate the situation of ongoing CIRPs. Due to the financial suffering caused by the pandemic, resolution applicants may face challenges in implementing resolution plans in ongoing CIRPs. However, the Ordinance does not address the financial difficulties they have encountered in implementing resolution plans in ongoing CIRPs during the pandemic.

In circumstances where CIRPs were launched before to the pandemic, the resolution plan for corporate debtors may not have been proposed, as corporations may not have bid for corporate debtors due to financial difficulty caused by the pandemic. If no resolution plan is received by the AA under section 30(6) of the Code before the end of the maximum term authorized for completion of the CIRP under section 12 of the Code, the corporate debtors will be forced into liquidation under the Code. 18

9. There will be no stay of proceedings against the personal guarantors:

While the Ordinance suspends the initiation of CIRP for defaults as specifically stated in section 10A 19, creditors of corporate debtors can still go behind the personal guarantors of corporate debtors to recover money associated with defaults caused by the corporate debtors because the Ordinance does not suspend the initiation of proceedings against the personal guarantors of corporate debtors. This may undermine the Code's goal of balancing the interests of all parties. The Ordinance fails to accommodate the interests of personal guarantors, putting their financial standing at risk as a result of corporate debtor defaults.

Suggestions and the future

Keeping in mind the ambiguities and flaws mentioned above, the following steps can be done to ensure the ordinance's seamless implementation:

1. The authorities may issue a notification confirming the start date of the suspension period specified in Section 10A of the Ordinance.

2. Instead of permanent immunity, corporate debtors could have been granted temporary exemption from being hauled into insolvency proceedings for failures induced by the pandemic.

3. Rather than introducing a cut-off date for categorizing defaults under section 10A, the default caused by the pandemic might simply be excluded from the definition of default provided by clause (12) of section 3 of the Code by adding a proviso to the definition. Furthermore, rather than suspending the filing of applications for the initiation of CIRP for defaults classified under section 10A, the NCLT could have been empowered to determine whether a default was caused by a corporate debtor due to distress caused by the pandemic after applications were filed.

4. The IBBI can provide clarification by stating that all such applications filed before June 5, 2020, for the beginning of CIRP for defaults induced after March 25, 2020, will be suspended.

5. If the defaults in debt payment were caused in part before or after the suspension period provided in section 10A, then the amount of default caused during the suspension period shall be allowed to be included in calculating the minimum amount of default under section 4 of the Code for the purpose of initiating CIRP for the default caused in part before or after the suspension period. Otherwise, if the amount of default caused during the suspension period is not allowed to be included in such calculation, it will encourage corporate debtors to incur continued defaults in payment of their debts until the minimum amount of default is met under Section 4 of the Code.

6. The Ordinance grants complete immunity to the corporate debtor's directors and partners from contributing to the corporate debtor's assets in respect of defaults for which the initiation of CIRP has been suspended under section 10A, even if the directors and partners of such corporate debt or do not exercise due diligence in minimizing the potential loss to the corporate debtor's creditors. Instead, the NCLT may have been given the authority to decide the liabilities of corporate debtors' directors and partners on a case-by-case basis.

7. Provisions could have been included in the Ordinance to address the problems of MSMEs, as they have been disproportionately affected by the pandemic. There is an urgent need to address MSMEs' financial problems. Furthermore, because MSMEs offer debt to the economy's companies and businesses, they may have been allowed to commence the CIRP for the defaults listed in section 10A. Otherwise, if MSMEs are not made an exception to the creditors who cannot initiate CIRP for such defaults, their funds may be blocked, dealing a significant blow to their financial strength.

8. It is critical to postpone the implementation of already-approved resolution plans in ongoing CIRPs, as resolution applicants may be facing financial hardship as a result of the epidemic. Deferring the implementation of previously authorized resolution plans may ensure that they are implemented in a viable way when the resolution applicants' finances improve. Furthermore, if no suitable resolution applicant is found for corporate debtors against whom CIRP was commenced before March 25, 2020, actions should be made to postpone the CIRP of such corporate debtors in order to keep them from going into liquidation.

9. The insolvency and bankruptcy proceedings against the corporate borrowers' personal guarantors must be suspended in the same way that they were suspended for the corporate debtors. This will help the corporate debtors' personal guarantors to lessen their financial misery as a result of the epidemic, allowing them to provide better financial assurance to creditors in the future. Furthermore, it will ensure that the financial interests of the personal guarantors are balanced with the interests of other stakeholders.

CONCLUSION

The image would have been substantially better if the Ordinance had been adopted with the above-mentioned flaws and uncertainties in mind. However, the Ordinance manages to maintain the spirit of corporate debtors and companies facing financial difficulties as a result of the pandemic. The Ordinance was drafted with the specifics of the Code in mind. It is critical to recognize that the Code is intended to address the misery of individual enterprises or industries, rather than the anguish caused by the entire economy or an economic crisis. As a result, the Ordinance cannot help the economy as a whole recover. It will also be fascinating to see how the NCLT and other agencies, such as the IBBI, respond to any uncertainties or challenges that may develop in the future as a result of the Ordinance's implementation. As the AA under the Code, the NCLT would have a significant role to play in ensuring the seamless implementation of the Ordinance.

Regardless of the Ordinance's flaws, it is critical to recognize that the Code's overall goal is to save financially viable firms. In the case of Swiss Ribbons Pvt. Ltd. v. Union of India 20, the Hon'ble Supreme Court examined the Code's Preamble and determined that maximising the value of corporate debtors' assets is a critical goal of the Code, so that corporate debtors can be brought back into the economic mainstream and repay their debts. As a result, the viability of credit in the hands of banks and financial organizations improves. 21

The Code provided essentially two options for mitigating the financial distress caused in the economy by the pandemic. First, the initiation of CIRP could not have been postponed due to any debt payment defaults.

It is critical to recognize that all companies are experiencing financial difficulties as a result of the pandemic. As a result, there aren't enough resolution applicants to save the corporate debtors who are causing defaults. Thus, the first approach could irreversibly force such corporate debtors into liquidation, even if they are experiencing temporary hardship as a result of the epidemic but are financially viable. The second option is what the Ordinance enacted, allowing all business debtors, whether financially viable or not, to achieve stability and return to the economic mainstream.

It is conceivable to liquidate non-viable enterprises in the future, but it is not possible to undo the liquidation of financially viable companies that could have been liquidated if the Ordinance had not been enacted to postpone CIRP initiation for the defaults listed in the Ordinance. As a result, the overall impact of the Ordinance is in support of the Code's goal.

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Cyber Crime and Role of Social Worker

Due to an upsurge in cybercrime incidences, the term "cybercrime" has gained popularity in recent years. Cybercrime is a compound word made up of the words "cyber" and "crime." Cybercrime is anything that involves computers or the internet, while crime is something bad or unlawful that is penalized.

The crime report indicates that there is an increase in online crime. 2,08,456 occurrences were reported in 2018, and this number climbed to 3,94,499 in 2019, 11,58,208 instances in 2020, and 14,02,809 cases in 2021. It is an unavoidable reality that 2,12,485 instances of cybercrime were reported in the first two months of 2022.

Alarming signs point to a rise in cybercrime. The already overworked investigative system is burdened by an increase in the number of cybercrime incidents each year. The National Crime Figures Bureau's records, which show that, on average, 65.81 percent of cases were still open for investigation at the end of each year, make this conclusion clear. I This portends a gloomy future because the mounting cases will soon overwhelm the mechanism for conducting investigations unless immediate action is made to lower the incidence of cybercrime.

Also Read: Supreme Court Judgements Online

Cybercrime Causes:

Financial Cause:

One of the main motivations for cybercrime is profit. The days of going to a lonely street and waiting until dusk to steal, pilfer, or cheat are long gone. Now, a bank account can be accessed 365 days a year. One of the main motivations for committing cybercrimes is financial gain.

Easy mobile access:

A mobile device has gotten more affordable and powerful as a result of the intense rivalry in this market. Mobile devices have become speedier and are now capable of handling nearly all tasks that were previously performed by PCs thanks to cheaper data packs and a faster network. In the hands of cybercriminals, mobile devices have developed into a potent tool for committing cybercrime.

Lack of technological knowledge:

One of the main factors influencing the increase of cybercrime is a lack of basic technological skills. Even well-educated people fail to recognize how technology empowers victims of cybercrime. Neglecting cybersecurity precautions can be disastrous and result in financial losses. For instance, in phishing attacks, victims voluntarily disclose vital financial details that cybercriminals then use against them to perpetrate cybercrime.

Privacy:

The idea of privacy is subjective and differs from one person to the next. It can be deadly to share too much information on social media sites. Lack of knowledge of the privacy settings accessible on social media is concerning because cybercriminals might take advantage of it.

Also Read: Legal News

The Effects Of Cybercrime

Financial Effects:

Cybercrime causes massive financial losses. A research released in 2019 states that cybercrimes cost Rs. 1.25 lakh crore in losses. Numerous businesses and individuals are victims of cybercrimes like ransomware and phishing every year. According to one survey, ransomware attacks have impacted more than 78% of businesses.

Physical Loss:

A cybercriminal employs a variety of tactics to carry out their crimes, but one popular one is texting or chatting to seduce the victim into an emotional connection that later develops into extortion and harassment. The sufferer may be depressed and, in some cases, may have even killed themselves. Cybercrime's physiological harm necessitates concentration and research.

Victims of Diversity:

A victim of cybercrime could be a child, a teenager, or an elderly person. Because cybercrime comes in a variety of forms, its victims come in a range of ages. Due to their ignorance, young children are more prone to become victims of cybercrime. Consider the video game Blue Whale Challenge, where participants must accomplish various challenges including self-harm and suicide. [ii]

Cybercrime And The Social Worker's Role

Role in prevention:

A social worker can be very helpful in stopping cybercrime, particularly among students and schoolchildren. A social worker might carry out therapy when they notice particular behaviors or indicators. The impact of issues like cyberbullying on an individual might be discussed with a social worker.

Counseling:

In some instances, particularly when the victim is emotionally attached to the cyber attacker, cybercrime creates severe medical difficulties. The victim of extortion may experience remorse and dread if they are forced to release private images or videos. Counseling is crucial in these situations since the victim constantly lives in fear or guilt.

Conclusion

The Information Technology Act of 2000, which was revised in 2008, contains the legislation governing cyberspace. Electronic records, digital signatures, cybercrime, and other new areas of application have been developed and covered under the Information Technology Act. The world of technology has altered the way we work, play, and learn. We now share images, stories, and ideas via digital platforms. On a digital platform, we view, remark, agree, and disagree. Online transactions include purchases, sales, and contract signing.

Technology's new benefit also introduced its vulnerability in the form of cybercrime. It's true that the phrase "prevention is better than cure" applies to cybercrime because the majority of these crimes can be avoided with the right education and counseling. Most children and young people are victims of cybercrime, and social workers can play a crucial role in prevention and serve as counselors. Unfortunately, in the case of cybercrime, the social worker's function has been overlooked, and the victim suffers in silence.

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Judicial Review in India

A court invalidates or nullifies unconstitutional laws through judicial scrutiny. Judicial review gives the judiciary the ability to uphold the system of checks and balances between the judiciary, government, and legislature by examining legislation passed by parliament and declaring it illegal if it violates the Constitution's tenets.

The Indian Constitution and Judicial Review

The constitutional amendments, legislative actions, and legislation made by the legislature and implemented by the executive branch may be the subject of judicial reviews. The judiciary's independence from the other two institutions ensures that no Indian Constitutional provisions are violated by laws made and upheld by these institutions.

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The Indian Constitution's Articles 32 (Right to Constitutional Remedies) and 136 (Original Jurisdiction) give the Supreme Court the jurisdiction to conduct judicial review, while Articles 226 and 227 give the High Court the same power.

Critical Role of Judicial Review

It makes sure that the Constitution's fundamental rights are protected,

It upholds the Constitution's primacy,

By providing the three constitutional lists, it also governs Center-State issues and their connections under Article 246 of the Constitution.

It protects the judiciary's independence,

It guarantees that the legislative and executive branches will operate impartially and fairly.

Additionally, it safeguards the constitution's fundamental design.

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Judicial Review's Restrictions:

The government is constrained by judicial review since it is only allowed to check the legitimacy of the processes followed to arrive at a certain legal judgment.

The judges' rulings in one case serve as the foundation for decisions in other instances as well.

People's faith, belief, and support in the honesty, efficacy, and efficiency of government can be damaged by repeated judicial involvement.

The judiciary is prohibited from meddling in political issues, policies, or matters unless it is absolutely necessary.

Such decisions are harmful to the general public because assessments might be swayed by personal or selfish intentions.

Government agencies will function poorly if the courts exercise complete and arbitrary control over judicial review.

Instead of concentrating on the division of powers, India pays attention to the separation of functions.

The judicial review does not adhere fully to the notion of separation of powers. A system of checks and balances has been put in place to ensure this, giving the judiciary the authority to invalidate or reverse any laws or directives made by the legislature that are unlawful.

Judicial Review's Purpose;

The reach of judicial review is constrained by its functionality and accessibility. In this case, the court's function is to analyze the procedure that led to the judgment rather than to replicate the contested decision or to evaluate its merits. The courts must determine if the decision was incorrect and needs to be overturned.

In this context, judicial review refers to the court's power to examine the constitutionality of the policies and practices of government departments and agencies and declare them invalid or unconstitutional if they are in conflict with or in violation of the fundamental principles of the Constitution.

The first of these three new developments in judicial administration is to guarantee the independence of the legislative and executive branches. The protection of individuals' fundamental rights, which are protected by the constitution, is the second consideration. The third consideration is how to resolve disputes over the federal government's and the states' respective legislative capacities.

Grouping of Judicial Review:

Examining Court Decisions:

Reviewing or scrutinizing a court's ruling essentially means examining it to see if the Supreme Court's ruling was accurate or not. In plain terms, it also refers to the court's power to judge whether actions enacted by the state, federal, and court legislatures and courts are valid.

Legislative Actions Review:

According to Article 13 of the Indian Constitution, the High Courts and Supreme Court of India have the ability to issue unconstitutional laws, regulations, statutes, ordinances, rules, and ordinances. This authority may also review all issued laws and order their repeal. All acts that contravene the Fundamental Rights or other significant articles of the Constitution are deemed invalid and illegal. In eminent examples like I, we can see the effects of judicial review of legislative measures. Golaknath, C., et al. Punjab State and Others v. Kesavananda Bharti and Others in 1967. Kerala State and Another, 1973.

Examining administrative actions

Administrative actions are those that are carried out by authorities as defined by administrative law. It is a legitimate action that has to do with how the public administrative authorities are acting. A test created by Lord Diplock, which was used in the case of Council of Civil Services Union v. Minister of Civil Services 1984, is used to determine whether the administrative action is lawful.

Illegality:

If the decision-makers violate the law or go beyond the scope of their authority, their actions and judgments may be deemed illegal.

Irrationality:

The courts may also intervene to overturn any decision if they believe it to be arbitrary, describing the decision-maker's action as "perverse" or "unreasonable."

Procedural Incorrectness:

Any public body must not act unethically because doing so amounts to an abuse of power, hence it is up to the authority to act impartially before considering and making any decisions.

Conclusion:

The supremacy of the Constitution must be upheld through judicial review, which also ensures that the government and its agencies don't misuse their authority. It keeps the central and state balances in check, ensuring the federal balance. The judicial review provisions also safeguard citizens' fundamental rights.

This clause upholds the fundamental value of judicial independence. Due to the significance of the idea of judicial review, it is a fundamental component of the Indian Constitution, as demonstrated in the 1980 case of Minerva Mills Ltd. v. Indian Union and Others. In conclusion, it is true to argue that judicial review has developed to safeguard people's rights to stop the exercise of arbitrary authority and stop false allegations.

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Honor Killing A Bane Or A Boon?

Keeping up the family pride, which they are supposed to undermine by engaging in any dishonorable behavior like fleeing the house, getting involved in a love marriage, etc., is stated to be the goal of honour killing, which refers to the murdering of family members, mostly females.

Violence never solves problems; nonviolence rarely does.

Michaels-Cyrus, Madge

Honor killings—often female family members—are committed to preserve the honor of the family, which they are believed to have damaged by engaging in any disgraceful behavior, such as fleeing the home, entering into a love marriage, etc. Every year, over 5000 persons (mainly women) around the world are slain or brutally beaten to death under the name of "Honor Killing," with India accounting for a substantial portion of those cases. It is shameful that there are more honour killings occurring in India on a daily and annual basis, with "Love Marriages" serving as the primary motivating factor in the majority of these cases. To combat this heinous crime, the nation must not only introduce but also put into place strict legislation.

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Negative Consequences of Honor Killing

The act of an honor killing has a number of detrimental effects that not only have an impact on the victims' families but also on society as a whole. As follows:

The victim's siblings might worry that they'll be slain for whatever action they take, which would make them afraid to act and stunt their own development.

There could be social unrest at some point.

Children in the household may believe that the only way to resolve any issue with women is to commit an act of honor killing.

Additionally, it causes a rise in the number of suicides.

Inequality is a result of honor killings, which also hinder women's advancement in society.

Statistical Data

According to a survey by the "India Democratic Women's Association," Punjab, Haryana, and Uttar Pradesh account for about 900 of the nation's killings, while the rest of the nation contributes another 300. According to a report by Pakistan's Human Rights Commission (HRCP), 647 women were killed in the name of "honor" in 2009, a 13% increase over the recorded 574 such homicides in 2008. According to a different survey commissioned by the National Commission on Women and conducted with respondents from both urban and rural areas, as much as 92% of people in the northern states oppose honor killing and associated crimes.

Motives Behind Honor Killing

Women's low status in society.

Infidelity in marriage

Premarital relations

Intercaste marriage

Status changes when there are love marriages

Trying to get a divorce from a violent husband

One of the names that made news in national and international media in 2010 was Nirupama Pathak. She was a 22-year-old journalist who was discovered dead in the final week of April. She was reportedly three months pregnant. Although Nirupama's family insisted that she committed suicide, the post-mortem report revealed a completely different account. She was killed, according to the authorities, because she committed adultery and was in love, which led to her being pregnant.

The best illustration is from the Ramayana, where Surpnakha, a sister of Ravan, performed the "Gandharva Vivah" with Viduth Julvey, the commander of the army, in a location called "Kalikey." Ravan saw it as an affront to his family, therefore he killed her spouse to keep his respect. As a result, honor killing has been a problem since the beginning of time and needs to be completely stopped.

Honor Killing: Stopping It

All of the aforementioned factors are currently very frequent and well-established in daily life. The country is now far more open-minded and modern than it was a decade ago, and the society needs to understand this. These individuals' right to live is not taken away by premarital sex or choosing an intercaste love marriage. To brutally murder such individuals in the name of honor is dishonorable. An intelligent and well-considered choice would be preferable.

# To safeguard women in our nation from unjustified deaths like this, a stringent law should be created and put into effect at the same time.

# Anyone engaging in this behavior should face the application of severe penalties.

# It's important to raise awareness among individuals and spread the idea that honor killings are wrong.

# People living in rural areas of the country should receive specific education addressing this subject.

# Women who dread being killed should have access to protection.

# Khap Panchayats must be subjected to stern punishment.

Conclusion

Finally, it may be concluded that honor killing has unquestionably caused more harm than good. The family must realize that killing one's own child is dishonorable and that there are other options besides murder. It must be realized that in the twenty-first century, if a child under the age of 18 can vote for his own representative, then he is intelligent enough to make his own decisions about his own life and has the right to exist. On August 2, 2010, youth in the Meerut district of Uttar Pradesh came up with the concept of organizing a "Lovers' Party" across the nation to inspire lovers to stand together against caste councils, which are known to support honor killing. This was one of the actions made to combat honor killing.

Honor killing is a serious sin, hence those who engage in it should face severe punishment to make others think twice about doing so.

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How do you evict a tenant, as per the Rights of Tenant in India?

Finding a tenant is simple and one of the most convenient ways to earn money; nonetheless, renting out one’s property to a stranger involves a significant risk. Especially when it comes to situations where you need to evict a renter who is neither paying rent nor quitting the premises.

Nowadays, landlords take extreme pains to avoid such situations and are well-versed in the rules and regulations relating to rental legislation, landlords’ and tenants’ rights in India, as outlined in the Rent Control Act issued by the Government of India in 1948. The State Governments implemented this Act to manage property rentals and evictions of tenants. A Rent Agreement must be executed between the landlord and the tenant under this Act, indicating the facts of the rented property, the rent period, the monthly rent amount, and the parties involved.

Read: Supreme Court Judgements

In India, there are several grounds for evicting a tenant.

If there is a justifiable and valid justification for such a measure, landlords in India might launch an eviction complaint against the tenant. In India, the following are the grounds for evicting a tenant:

The tenant has purposefully failed to pay a mutually agreed-upon rent sum for more than 15 days after the due date.

The tenant sublet a rented property to another person without first obtaining permission from the landlord or submitting a written request.

The renter has used rented premises for illegal purposes or for reasons different than those specified in the rental agreement.

Any action taken by the renter has resulted in a decrease in the property’s value or utility.

The neighborhood has considered the renter’s actions to be disagreeable, and the landlord has received a complaint against the tenant.

For an unclear reason, the renter has purposefully challenged the landlord’s ownership to the rented property.

The landlord requires their property for personal use or for the use of a family member.

The landlord need their property for repairs and renovations, which cannot be done unless the property is vacated.

The landlord wishes to erect another structure, which will necessitate the demolition of the property.

In India, How Do You Evict a Tenant?

Following the establishment of the reasons for the eviction, the following procedure must be followed:

Stage I — Send a Notice to Vacate to the Tenant: An eviction notice must be filed in the relevant court, stating the basis for eviction as well as the time and date by which the tenant must depart the property, and is then sent to the renter to quit the rental property. The landlord must offer the renter a fair amount of time to quit the rented property. After getting a formal notice from the court, the majority of tenants vacate the rented premises.

Stage II — File an Eviction Suit: After obtaining the court’s eviction notice, the tenant may refuse to depart the rented property and dispute the eviction. In this instance, the landlord can retain the services of a rental property attorney to file an eviction claim against the renter. The tenant’s eviction petition is filed in the civil court that has jurisdiction over the rented property.

Stage III — Final Eviction Notice: Based on the arguments and facts presented, the court hears both sides and gives a final legal notice of eviction to the tenant. Once the court issues the final eviction notice, the tenant must remove the rented property.

This is the method of evicting a renter in India; nevertheless, evicting a tenant without a rental agreement is challenging because there is no proof of property being delivered to the tenant on rent.

How can you avoid being evicted illegally in India?

The Supreme Court of India has ruled that landlords cannot evict a tenant for at least 5 years if the rent is paid on time, unless the landlord has a real need for the property. Other things that must be avoided while evicting a tenant include:

The rent agreement must be drafted with the assistance of a property lawyer and must include important provisions relating to the use of the property, termination of the rent agreement, rent amount, and so on.

The lease must be for a maximum of 11 months and provide an option for renewal. It provides future protection against eviction issues.

The grounds for eviction must be justifiable under the rental regulations of the state in which the property is located.

The landlord must not use unfair eviction measures such as cutting off basic utilities such as electricity or water, changing the locking mechanism of the rented home, throwing away the tenant’s goods, or other punitive actions on his own. These are criminal offenses, and if proven guilty, the tenant has the right to pursue charges against the landlord.

A landlord may not evict a tenant without first serving an eviction notice.

Before renting the property to someone, a background check must be performed.

What steps should be taken if the tenant fails to pay the rent?

The lease agreement should preferably include action plans in the event of nonpayment of rent. Nonetheless, non-payment of rent is one of the most common reasons for eviction under state tenancy laws. A legal notice could be given to the renter in question, detailing the rent owed, requesting the tenant to comply or vacate, and outlining the next steps if the tenant does not reply in either way.

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Important Rights of Private Employees Under the Indian Labour Laws

I just changed jobs, so I read over my previous employment contract and the engagement letter to determine the practical effects of my resignation. Sadly, I was unable to claim my bonus under the terms of the agreement because of a lack of legal knowledge.

I understood I needed to understand how to write a resignation letter. But as a worker, I was still unsure of how the remainder of the procedure worked. This proves how ignorant even lawyers can be at times. In my defense, I was merely eager to start my first work and checked the contract for flaws. However, I didn't consider the consequences of my resignation at the time. Even though I'm a beginner, my ignorance is nonetheless unacceptable.

It turned out that my employment contract had made it mandatory for me to give three months' notice before quitting my work. Imagine continuing in a job that you have formally quit! It is not simple.

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I have to give the notice period or pay the equivalent of three months' worth of wages. Like many others, I signed the job agreements without giving them any attention. But my ignorance had gotten the better of me! I'm relieved that there were no non-compete or non-solicitation agreements because if there had been, I would not have been allowed to work in the same sector for a long.

I believed it would be a good idea to learn more about employment and labor regulations as I awaited my full and final settlement money, which has been overdue for more than a month. I once again agreed to a one-sided contract. Who knows this time what I need to know?

It is incorrect to assert that there is no method to this craziness. There are rules and laws in place that must be followed. What exactly am I missing? I've never given labor laws, my rights under them, or claims based on them any thought. I mean, I did that for one (or two?) semesters in college, but I don't really remember it.

I figured if I dropped my paperwork, I'd be free in three months. But was I mistaken, what? It transpires that "inner processes and protocols in place to support a successful transition" exist. This is a direct quotation from my human resource manager, not mine. Despite my training as a lawyer to read between the lines, this was obvious. Before achieving independence, I had a number of obligations and things to complete.

Some of the everyday chores, such as fulfilling my ongoing obligations and ensuring a smooth turnover of work, were appropriate. But after I had completed the handover, strange requests from bosses to share the hard drive came in! How am I supposed to finish the three months if I hand up my hard drive three days early? Then I had to continuously remind HR to turn in my Form 16. My employer is required by law to give me certain paperwork. But it took a month of nagging, pleading, and persuasion for me to get what is due to me.

The fact that I was unaware of labor and industrial rules did not augur well for me, in retrospect.

So here's a short reminder for all in-house lawyers, practicing attorneys, and anyone hoping to land a job in the future: know your laws.

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So what fundamental legal protections are there for private employees?

Employees in the organized private sector are subject to a number of laws, including the Payments of Bonus Act, Equal Remuneration Act, Payment of Gratuity Act, Employees Provident Fund and Miscellaneous Provisions Act, Employees' State Insurance Act, and Maternity Benefit Act, among others.

The legislation protects rights such as the right to a secure workplace with minimal amenities, the right to reasonable working hours, the right to any reward that is guaranteed, etc. The following is a list of an employee's fundamental rights as defined by the numerous laws and regulations:

Employment Contract

Nowadays, it's customary to sign an employment contract outlining all the parameters of the job, including pay, location, title, hours worked, etc. The rights and responsibilities of both the employer and the employee are spelled down in detail, including non-disclosure of private information and trade secrets, prompt payment, provident fund, and other things. The agreement also includes a mechanism for efficient dispute resolution in the event of a dispute.

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I still recall the client who, after 30 years of service, came to me with his first employment contract! He asked me to have a look and let him know if I agreed or disagreed with those conditions. A quick scan made it clear how biased the entire agreement was. It was awful, with retroactive penalties and deductions as well as a weak dispute resolution process! The owner had designated himself as the final arbiter in the event of a disagreement. After taking my suggestion, the customer went and renewed his existing terms of service through a fresh negotiation.

But the fact remains that the employee does not have many protections provided to him in event of a disagreement if there is no documented employment agreement in existence.

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Mother's Benefit

A female employee of an enterprise is entitled to prenatal and postnatal benefits under the Maternity Benefit Act of 1961. The length of a pregnant female employee's paid leave has been extended following 2017 modifications to 26 weeks, including eight weeks of postnatal paid leave.

Female employees are entitled to one month of paid leave in the event of a problematic pregnancy, delivery, early birth, or medical termination. Only two weeks of extended paid absence are allowed for tubectomy procedures.

Female employees who are pregnant are not eligible for termination or dismissal due to such absence. Within six weeks of delivery or a miscarriage, the employer is not permitted to hire such workers. They may still file for maternity benefits even if fired.

Men in India are not entitled to paid paternity leave. Paternity leave that is paid is offered by the central government. However, in the private sector, the employer has the discretionary right to do so.

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Deliver Fund

The national organization in charge of overseeing this retirement benefits program for all salaried workers is called Employee Provident Fund Organization (EPFO). Legally, every company with more than 20 employees must register with EPFO.

Any employee may choose to leave the program, as long as they do so early in their employment. The sum cannot be taken out at will. The guidelines set a cap on the withdrawal amount and the number of service years. Following registration, 12% of the basic pay must be paid into the fund by both the company and the employee. The employee may file a complaint with the PF Appellate Tribunal for relief if the employer fails to pay his part or withholds the full 12% from the employee's income.

Subject to a maximum two-month waiting time for urgent requirements and essential expenses, the sum may be withdrawn. The guidelines outline the maximum withdrawal amounts and the number of years of service required for each purpose. A worker may only withdraw three times, and if they do so before five years have passed, the money will be taxed. Here you can find a list of the EPF withdrawal regulations.

Gratuity

An employee with more than five years of service has a legal claim to gratuity under the Payment of Gratuity Act, 1972. One of the retirement advantages offered to the employee is this one. It is a one-time payment offered as a sign of appreciation for the employee's service. The amount of the gratuity rises with pay grade and years of service.

The employee forfeits this privilege upon termination if their behaviour was clearly unlawful or disruptive.

Pay on time and fairly

The goal of delivering services to an employee is to compensate them fairly and appropriately. Equal compensation for equal work is a constitutional right guaranteed by Article 39(d). Employees are required to be paid on time and fairly in accordance with The Equal Remuneration Act and The Payment of Wages Act. An employee may contact the Labour Commissioner or launch a civil lawsuit for unpaid wages if they are not receiving their compensation in accordance with their employment contract. It is against the law to pay an employee less than the minimum wage required by law. This article provides a more thorough analysis of the compensation under the Equal Remuneration Act.

Hours of work that are appropriate and overtime

Every employee has the right to work in a secure environment with reasonable amenities and good hygiene.

The Shop and Establishment Acts (federally) and the Factories Act (state-by-state) safeguard both workers' and non-workers' rights.

The most recent regulations mandate that an adult worker work more than 9 hours per day or 48 hours per week, and overtime pay is double that of regular pay. Working hours for women are from 6 am to 7 pm. With express approval, remuneration for overtime, and access to a secure transportation facility, this can be lowered to 9.30 pm. Aside from this weekly holiday, it is required to take a 30-minute break every hour and to work no more than 12 hours every day. The maximum daily working time for children is 4.5 hours.

Ability to leave

An employee is entitled to paid public holidays as well as other leaves, including casual leave, sick leave, and privilege leave. An employee is entitled to 12 days of yearly leave for every 240 days worked. Every 20 days, an adult employee may use one earned leave; however, a young employee may only use one every 15 days. If the employment contract does not prohibit it, an employee may take leaves for emergencies throughout the notice period.

Workplace sexual harassment prevention

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 offers protection from sexual harassment for women working in the workplace. In addition, sexual harassment is punishable by up to three years in prison, with or without a fine.

For the sake of sexual harassment victims, organizations with 10 or more employees must set up an internal complaint body. The legislation requires that these organizations have grievance redressal policies and methods in place, outlining what constitutes sexual harassment, sanctions, redressal mechanisms, etc. A senior woman, two more employees, and a non-governmental person should all be appointed to the committee. This article outlines the precise responsibilities of an employer.

Here, I'm just trying to explain the lingo to an employee who doesn't fully grasp it but still agrees to it. It's not always going to be the HR or the company's job to inform you of all this. Learning about your rights is your responsibility, not theirs.

This list of employee rights and responsibilities under laws and regulations is by no means complete. Separate labor and employment-related legislation are governed by so many different laws!

How can one get knowledgeable about the labor regulations that affect the majority of us every day?

Well, I won't pretend that doing the work is simple. To fully comprehend the ramifications of labor and employment regulations, you must read widely and conduct extensive research. Even yet, there are simpler ways to study, such as through in-depth online courses that cover the key areas of labor and industrial law. But without effort and commitment, none of this would be possible.

Here, there is no short cut. You must invest the time to learn your obligations and rights, whether you're an employer or a lawyer giving advice to clients. The employment contract is the ultimate prize for a worker, but one must exercise prudence when signing one. You must be aware of current legislation and what you are permitted to conduct. I mean, I've learned my lesson; otherwise, why would I look into this and create an article to discuss it? But kindly refrain from being as illiterate as I was and getting bogged down in the details