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Home Articles posted by Malavika Rajkumar

Duties of Educational Institutes

By Malavika Rajkumar | Health and Environment, Smoking | 0 comment | 8 February, 2021 | 0

The owner/manager of an education institute must ensure that a board is displayed at a conspicuous place outside the institute, which states the following1: The sale of cigarettes and other tobacco products is strictly prohibited within 100 yards of the institute. The distance measured radially from the outer boundary of the institute.The punishment2is a fineRead more

How does Stalking over the Phone Happen?

By Malavika Rajkumar | Sexual Crimes, Violence and Abuse | 0 comment | 2 August, 2019 | 1

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.] If someone repeatedly contacts a person through calls or texts by the means of a telephone, then, it is a crime under the law. Under the law, only a man can be punished for theRead more

What is Physical Stalking?

By Malavika Rajkumar | Sexual Crimes, Violence and Abuse | 0 comment | 2 August, 2019 | 1

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.] It is a crime to physically stalk someone, i.e. someone tries to follow a person wherever they go and contact them even after they have expressed their disinterest. er Under the law, only a manRead more

What is Stalking?

By Malavika Rajkumar | Sexual Crimes, Violence and Abuse | 2 comments | 2 August, 2019 | 2

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.] If a person repeatedly follows, contacts or monitors someone despite their disinterest or lack of consent, it is known as stalking. Stalking is a term used for numerous activities done by a person, which whenRead more

How is Invasion of Privacy a Sexual Crime?

By Malavika Rajkumar | Sexual Crimes, Violence and Abuse | 0 comment | 2 August, 2019 | 1

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.] Everyone has a right to privacy1. This means that anyone can do anything, sexual or not, thinking that no one is watching them (provided that it shouldn’t be illegal). Under the law, only a manRead more

How do you Complain against Sexual Crimes?

By Malavika Rajkumar | Sexual Crimes, Violence and Abuse | 0 comment | 2 August, 2019 | 0

You can complain to the following authorities: Police Go to Police Station An FIR can be filed at any police station or the one nearest to where the crime happened. Anyone, including a friend or relative can also file an FIR on a survivor’s behalf. However, at the time of reporting, the survivor will haveRead more

What is Sexual Harassment?

By Malavika Rajkumar | Sexual Crimes, Violence and Abuse | 0 comment | 2 August, 2019 | 1

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.] Sexual harassment can happen in several ways. Actions such as following a person on the streets or in any public space, peeping into their bedroom, making sexual gestures at them while they are at workRead more

Rehabilitation of Manual Scavengers

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

Both in an urban and rural area, if the officers of the Municipality or the Panchayat believe that Manual Scavenging may be taking place in their area of control, in such a case, a survey is done and a list of manual scavengers is created. The Municipality and the Panchayat have a duty to rehabilitateRead more

Filing Complaints for Safai Karmacharis

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

If you notice or are made aware of instances where laws for safai karamcharis are not followed, you can file a complaint to the National Commission for Safai Karamcharis (NCSK). You can visit their website complaint section here. This Commission will inquire into all of these complaints and report these complaints to the officers ofRead more

Offence of Manual Scavenging Committed by Company

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

When a company commits the offence of manual scavenging, not only will it be considered guilty of the crime, but so will any employees of that company who allowed the offence to take place. This can include directors, managers, secretaries, and other officers of the company.Read more

Cleaning Sewers by Manual Scavengers

By Malavika Rajkumar | Discrimination, Manual Scavenging | 1 comment | 2 August, 2019 | 0

It is unlawful for anyone (including municipalities and panchayats) to employ any person for the cleaning of a sewer or a septic tank without the necessary protective gear. Anyone who employs a person for hazardous cleaning of a sewer or a septic tank can face up to 2 years jail time and a fine upRead more

Employing a Manual Scavenger

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

Employing a manual scavenger is illegal in India. People who do so face the following repercussions. Employing someone as a manual scavenger If you have committed the offence for the first time, then the punishment is jail time up to one year as well as a fine up to Rs.50,000. If the offence has beenRead more

Demolishing or Converting an Insanitary Latrine

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

The person who occupies the property on which an ‘insanitary latrine’ exists is required to demolish or convert it. If there was more than one person who owns the property on which the insanitary latrine is built, the costs had to be paid by the owner (if she is one of the occupiers) or equallyRead more

Building an Insanitary Latrine

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

It is unlawful and an offence under the Manual Scavengers and Their Rehabilitation Act, 2013 for any person, municipality, panchayat or agency to build an insanitary latrine that requires human waste to be removed manually by a person before the waste has properly decomposed. Local authorities are required to carry out a survey of insanitaryRead more

Manual Scavenger

By Malavika Rajkumar | Discrimination, Manual Scavenging | 0 comment | 2 August, 2019 | 0

Any person who has been employed to handle undecomposed human waste from an insanitary latrine, open drain or pit or railway track is a manual scavenger. The person could have been employed by anyone – say someone from their village or by an agency or contractor. It does not matter if she was given regularRead more

Guidelines for Arrests in Cruelty and Dowry Cases

By Malavika Rajkumar | Dowry, Marriage and Divorce | 1 comment | 2 August, 2019 | 1

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty. This was later issued as an advisory circular by the Ministry of Home Affairs. Police The police should not arrest the husbandRead more

Cases of Dowry Death

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary and she had also suffered from cruelty or harassment because of demands for dowry, it is assumed that the husband or the relatives of the husband committed the crime of cruelty. Death by suicide is also considered as aRead more

Cruelty and Deaths from Dowry Demands

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Indian law criminalises the actions of cruelty and death resulting from dowry demands. This is known as dowry death. If the death of the wife was because of harassment for dowry demands, the husband and the in-laws of the woman can be punished. In cases of cruelty and harassment, you can approach the police stationRead more

Bail for Accused of Dowry-Related Offences

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

All crimes under this law are non-bailable offences. Therefore, a person arrested under this law cannot get bail as a matter of right. However, bail can be granted at the judge’s discretion.Read more

Proving a Dowry-Related Crime

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Usually, in criminal law it is upon the person making the complaint to prove that the person they are accusing has committed the crime. But in cases of dowry the person against whom there is a complaint has to prove that they are innocent. For Example, if Simran makes a complaint that Raj has askedRead more

Maintaining A List Of Gifts During Marriage

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily. Bride: When such presents are made by or on behalf of the bride or any person related to the bride, such presents should be of a customary nature. The value of the gifts should not beRead more

Women’s Right to Take Possession of the Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property. You have a right to any property given as dowry to your husband and his family. There isRead more

Ban on Advertising for Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative. Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished withRead more

Agreement to Pay Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Any agreement for the exchange of dowry is not valid. You cannot go to court if your future or existing father-in-law refuses to pay dowry after entering into an agreement to pay you dowry. The agreement will be treated as if it never happened. It has no legal effect.Read more

Mehr and Dower Not Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 1 comment | 2 August, 2019 | 0

It is important to note that Mehr or Dower given during Muslim marriages is not the same as dowry. The exchange of Mehr that takes place is as per religious and customary practice, and is absolutely legal.Read more

Complaining about a Demand for Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

There is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. However, you cannot file a complaint after a divorce. The practice of giving, taking, demanding and advertising dowry is illegal. In case you have had to pay dowry at theRead more

Exchange/Giving or Taking Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

Any person who: gives or takes dowry, and anyone who helps in the exchange of dowry. can be punished under the law. For Example Raj(groom) and Simran(bride) are getting married. Simran’s father, Amrish gives Rs. 10 lakh and a car as dowry to Raj’s father Anupam. Scenario 1: When the broker is involved: If theRead more

Demanding Dowry

By Malavika Rajkumar | Dowry, Marriage and Divorce | 0 comment | 2 August, 2019 | 0

It is illegal to demand dowry from anyone related to the bride or groom as a condition of marriage. If you demand dowry you can be punished with jail time between 6 months and 2 years and/or fine which may go up to Rs. 10,000.   powered by TypeformRead more

What is Dowry?

By Malavika Rajkumar | Dowry, Marriage and Divorce | 1 comment | 2 August, 2019 | 0

Dowry is anything which has value (such as cash and property) which is given by the bride’s family to the groom’s family as a condition of marriage. 1 The law does not stop the exchange of gifts with the fiance’s family during the wedding. The purpose of this law is to prohibit coercion during theRead more

Reviews/Critiques and Defamation

By Malavika Rajkumar | Defamation, Media & Communication | 0 comment | 2 August, 2019 | 0

If the critique was made in good faith regarding any public performance, then you will not be held liable for an act of defamation. For example, if the author of the performance, has given permission for her performance to be reviewed by the public, then anyone making a statement against the same will not beRead more

Printing/Selling Defamatory Material

By Malavika Rajkumar | Defamation, Media & Communication | 0 comment | 2 August, 2019 | 1

By printing or engraving something you know is defamatory to a person’s reputation, you can be punished with jail time of up to 2 years and/or with fine. Generally, newspapers are prosecuted under this provision. Selling or trying to sell printed or engraved material which is defamatory can be punished with jail time of upRead more

Proof of Defamation

By Malavika Rajkumar | Defamation, Media & Communication | 0 comment | 2 August, 2019 | 0

To prove a defamation case, you have to show the following things: That the person who said or wrote things about you conveyed a defamatory message. That the material was published, meaning that it was conveyed to someone other than you. That you could be identified as the person referred to in the defamatory material.Read more

Punishment For Defamation

By Malavika Rajkumar | Defamation, Media & Communication | 0 comment | 2 August, 2019 | 0

You can be punished if you say or write something to insult the reputation of a person, group of people or a company. However, it is important that this class or group of people can be identified. You can be punished even if the person whose reputation you harmed is dead. What the Court willRead more

Libel

By Malavika Rajkumar | Defamation, Media & Communication | 0 comment | 2 August, 2019 | 2

Libel is a form of defamation that can be seen. So, for example, anything that can be written, printed or something on an effigy, movie or statue can be defamation in the form of libel. If Rahul writes about his wife Seema in a magazine in a derogatory manner, then Rahul has committed the crimeRead more

Slander

By Malavika Rajkumar | Defamation, Media & Communication | 0 comment | 2 August, 2019 | 1

Slander is a form of defamation that is spoken and heard. It is in a verbal form. For example, Rahul says bad things about the character of Seema which results in Seema losing her job. The act Rahul has committed is the crime of defamation in the form of slander.Read more

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