The Nyaaya Guest Blog

Bringing you opinions, research, infographics etc. from experts in the legal and access to justice space, along with updates on Nyaaya and our work.

Man and woman discussing work

Jul 26, 2022

‘Slumdog Millionaire’ and the law’s take on child labour

Child labour is the employment of children for work that is mentally, physically, socially or morally dangerous and harmful to children, and/or interferes with their schooling. It is regulated under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. The law absolutely prohibits the employment of children below 14 years. Some exceptions are allowed for children helping out in family businesses or working as child artists. The prohibition of employment of children below fourteen years is linked to children’s right to education, as it prevents them from attending school. The law also prohibits the employment of adolescents (14 to 18 years of age) in certain hazardous occupations and processes including mining, domestic work, handloom industry etc. It also regulates the hours and period of work of adolescents. Employers who violate the law and engage children/adolescents are punishable with imprisonment from six months to two years, and/or a fine of Rupees twenty thousand to fifty thousand.
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Jul 26, 2022

‘Chingaari’: How the Right to Education can empower people

In this poignant scene from the movie Chingaari we see a sex trafficked worker also a mother reprimand her child playing dress up (like her mother). The man in the scene is shown to eye and make a pass at the little girl which enrages her mother. She scolds her daughter for wanting to imitate […]

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Jul 26, 2022

‘The Mutton Song’ and the rights of the LGBTQ+ community

In the Mutton song from the movie #LuvKaTheEnd, the lyrics reek of homophobia and insults cross-dressing. The song objectifies non-binary bodies and portrays that bar dancing as a profession is not a dignified livelihood. The Supreme Court has decriminalised homosexual relationships (relationships between people of the same sex). In the Navtej Singh judgement, the Supreme […]

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Jul 26, 2022

‘Aamdani Atthanni Kharcha Rupaiya’: Domestic violence is no joke

The seemingly ‘comedy’ film depicts several scenes of misogyny towards women. This scene becomes the crowning glory of the entire movie that reeks only of problematic tropes passed off by the makers as “comedy” – instances which are, sadly, lived experiences of many Indian women. “Pati-Patni ka maamla hai” or “Husband-wife’s internal marital matter” – […]

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Jul 26, 2022

Gunjan Saxena and the role of women in the Indian Armed Forces

The movie ‘Gunjan Saxena: The Kargil Girl’ is inspired by the life of Flight Lieutenant Gunjan Saxena who made history in the Kargil War as one of India’s first female combat pilots. Time and again, women in the Indian Armed Forces (army, navy and air force) have proved their grit and courage in the face […]

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Jul 26, 2022

‘Raanjhanaa’: Perpetuating the stalking myth

The scenes in the movie perpetuate ‘stalking’ as if it is a cultural norm endemic to India. Stalking, coercion, threatening to self-harm in case the woman doesn’t give in to the whim and fancies of the harasser. The problem lies in stalking being normalised as an ‘expression of love’. There can hardly ever be a […]

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Mar 23, 2022

#NyaayaUpdate : Meri Bhi Awaz Suno

Nyaaya

CHAMPIONING LEGAL AWARENESS AMONG THE UNDERSERVED India is speeding ahead in technology, the startup industry is booming with incoming foriegn investments and the urban population is dreaming of a new India. A new India where electric vehicles ensure a clean environment, digital money becomes an asset and drones become enablers for taking the agritech industry […]

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Mar 17, 2022

6 Questions We Want Answered as Fintech Consumers

Shehnaz Ahmed and Swarna Sengupta

Digital wallets, UPI, cryptocurrency exchanges, online pay later services – there are now more varieties of financial services being provided digitally than ever before. As more of us move our day-to-day financial transactions into the digital space, we need greater awareness about what our rights as fintech consumers are. We enlisted the help of Shehnaz […]

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Mar 10, 2022

Alice’s Adventures in Wonderland: What is a fair trial?

Nyaaya

In the all-time favourite children’s book Alice’s Adventures in Wonderland, we see Alice giving evidence as a witness in a trial to decide whether the Knave of Hearts is guilty of stealing the tarts. The King presides over the trial as the judge, along with a 12-member jury. After hearing the accusation, the King at […]

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Feb 14, 2022

Adopting a Child in India? Here are the Rules You Need to Know

Kadambari Agarwal

Adoption in India, for a long time, fell within the ambit of personal laws, and there was no uniform legal framework that governed the adoption of children. Thus, adoptions were a purely religious matter, and members of certain religions — specifically, Islam, Christianity, Judaism and Zoroastrianism — were essentially prohibited from adopting children, as their […]

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Feb 15, 2022

F.R.I.E.N.D.S and the Workplace Sexual Harassment Law

Shonottra Kumar

We have always looked at popular movies and sitcoms to learn about love, life and relationships. But have you ever looked at it from the lens of learning the law? Have you ever wondered how some of your favorite characters would deal with workplace harassment? If some of the on-screen instances were to happen in […]

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Apr 18, 2022

What is a voter’s right to reject candidates?

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Mar 9, 2022

A Conversation with Kiruba Munusamy on Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act

Shonottra Kumar

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Mar 9, 2022

Easy ways you may get arrested in India

Nyaaya

Given below are easy unwitting ways by which a person may be arrested or go to jail in India: Insulting the national flag and disrupting the national anthem The law criminalises any insult to the Indian national flag, including actions like burning, cutting, tarnishing, disfiguring, destroying, or trampling the flag or insulting it through contemptuous […]

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Apr 18, 2022

What is the Code of Conduct for Psychologists?

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Apr 18, 2022

What is stalking?

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Apr 18, 2022

PDA and Moral Policing

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Apr 18, 2022

What are the powers and structure of the Election Commission?

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Apr 18, 2022

Right to Life

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Apr 18, 2022

Medical Ethics

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Apr 18, 2022

Medical Negligence

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Apr 18, 2022

What are the maternity benefits for women in India?

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Apr 18, 2022

How do I know if I am being stalked?

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Mar 16, 2022

Russia-Ukraine Conflict: What is Happening?

Nandini Gandhi

History of the relationship between Russia and Ukraine Ukraine was formerly a part of the USSR and gained its independence as a sovereign state in 1991. A large chunk of Ukraine’s population is culturally and linguistically Russian. This has created a conflict among the Ukrainian population, where a part of it ideologically aligns with Europe […]

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Mar 10, 2022

Bollywood and the Law on Stalking

Nyaaya

Stalking is a crime if a man repeatedly follows you, contacts you or monitors you despite your disinterest or without your consent. It is a term used for numerous activities done by a man, which when taken together can disrupt the life of the survivor. Stalking can happen in close proximity physically or over the […]

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Mar 10, 2022

‘Judwaa 2’ and its blatant disregard for consent

Nyaaya

In ‘Judwaa 2’, we see the main character or the ‘hero’ slapping a girl’s behind and then forcibly kissing her without her consent. While the scene in the movie tries to portray it as comedy, it is anything but comedy. Judwaa 2 is what happens when the ‘hero’ gets away with stalking, harassing and eve-teasing […]

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Mar 10, 2022

‘The Wolf of Wall Street’: Why is it problematic?

Nyaaya

The Wolf of Wall Street depicts a number of scenes problematic in nature. In one such scene, we see the Wolf aka Jordan Belfort physically harass a female flight attendant to the point where he needs to be restrained. The scene has funky music in the background and comedic lines in between, all expected to […]

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Mar 10, 2022

‘Pyar ka Devta’ and dowry

Nyaaya

In this scene, asking and agreeing to give dowry is normalized. The scene shows the plight of the bride’s family when asked for dowry. However, not once does anyone object to it and mention that asking for dowry is wrong. The groom’s family keeps asking for more and the brother of the bride is forced […]

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Mar 10, 2022

Newton: Who regulates elections in India?

Nyaaya

In the movie ‘Newton’, we see Rajkummar Rao as a government clerk on election duty trying to conduct free and fair voting in the conflict-ridden jungles of Chhattisgarh. Do you know which organisation is responsible for regulating elections in India?   The Election Commission of India regulates elections through a Model Code of Conduct (MCC) […]

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Apr 18, 2022

Euthanasia

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Mar 10, 2022

Kakkoos: The prevailing illegal practice of manual scavenging

Nyaaya

The 2017 Tamil documentary ‘Kakkoos’ (Toilet) delves into the lives and living conditions of manual scavengers in Tamil Nadu, and how this practice continues even today. However, Indian law banned manual scavenging as far back as 1993.   According to the law, no person, local authority or agency should: Construct an insanitary latrine (a latrine […]

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Mar 10, 2022

Quiz on Child Labour

Nyaaya

Do you think you can recognise child labour in every situation? Consider these situations and see if you can identify which ones refer to child labour. Answer ‘Yes’ if you think the situation invloves child labour, and ‘No’ if not.   Remember ‘child’ refers to anyone below 14 years, and ‘adolescent’ refers to anyone between […]

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Mar 10, 2022

Bollywood and the Law: Right to Strike

Nyaaya

The 2010 movie City of Gold – Mumbai 1982: Ek Ankahee Kahani revolves around the lives of mill workers who lost their jobs after the Great Bombay Textile Strike of 1982.   In this context, let us look at the law on strike in India.   When a group of employees in any industry either: […]

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Mar 10, 2022

Quiz on Patient Rights: True or False edition

Nyaaya

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Mar 10, 2022

The law on abortion and Bollywood: Who needs to consent?

The movie ‘Kya Kehna’ revolves around Priya (played by Preity Zinta), an unwed teenage mother. When she finds out that she is pregnant, her family tries to convince her to abort the child. However, she decides against the abortion.   Could her family make her abort the child without her consent? Would she have needed […]

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Mar 10, 2022

True or False? Love Laws Edition

Nyaaya

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Mar 10, 2022

Pammal K. Sambandam: How much does it get right about eloping and registering a marriage?

Nyaaya

  Kamal Haasan’s riotous Tamil comedy Pammal K. Sambandam features multiple instances of couples eloping to get married at the police station. In the movie, the marriage ceremony is concluded by just signing a register, exchanging garlands and tying the sacred thaali around the neck. In real life, it is not so simple to perform […]

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Mar 10, 2022

PDA on Valentine’s Day: How dangerous is it?

Nyaaya

Celebrated on February 14th, Valentine’s Day is an occasion for couples to express their affection for one another with greetings, gifts and other gestures. At times, couples also engage in Public Displays of Affection (PDA) such as holding hands, hugging or kissing.   For couples looking to express affection publicly, here is a fact: Did […]

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Mar 10, 2022

Made in Heaven: A welcome perspective on the decriminalisation of same-sex relationships

Nyaaya

Amazon Prime Video’s web series ‘Made in Heaven’ is popular not only because it revolves around modern-day Indian weddings (always a hot topic!), but also because of its depiction of queer characters. One of the show’s leading characters is Karan Mehra, a gay man who gets arrested under Section 377 of the Indian Penal Code […]

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Mar 10, 2022

On Salaam Bombay, Child Labour, and the Law

Nyaaya

In the movie Salaam Bombay!, we see a young boy working as a runner for a tea vendor. Did you know that Indian law takes a firm stance against child labour and the exploitation of children?   The right against exploitation is a fundamental right under the Constitution of India, 1950. Article 24 of the […]

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Apr 18, 2022

Contraceptives

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Mar 9, 2022

Did you ever wonder about House Elves’ Right against Exploitation?

Nyaaya

Most people would sympathise with the plight of house elves in Harry Potter. They have been portrayed as a race that is subject to exploitation and subjugated by the entire wizarding community. Each house elf is magically bound to serve its wizarding family, unless the members of that family free him or her. In particular, […]

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Mar 9, 2022

Article 15: The Constitution’s take on Discrimination

Nyaaya

In the movie Article 15, we see an upright police officer going on a crusade against violent caste-based crimes and discrimination. Both the title of the movie and the protagonist are inspired by Article 15 of the Constitution of India, 1950, which says that the Government should not discriminate against any citizen based only on […]

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Mar 9, 2022

Haseena Maan Jaayegi and its disregard for consent

Nyaaya

In the popular song Haseena Maan Jaayegi, we see a man singing – “Dil kehta hai ik din haseena maan jaayegi (my heart says that one day this beautiful girl will agree) Haseena maan jaayegi (this beautiful girl will agree)” Here, the man assumes that the woman will agree, completely ignoring the fact that the […]

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Mar 9, 2022

Exploring the Underlying Themes of Violence Against Women in Fairytales

Nyaaya

Sleeping Beauty In Sleeping Beauty, the cursed princess falls asleep for a hundred years. Then, a prince wakes her up by kissing her. This fact situation brings up the much-discussed question of consent. Consent means voluntary, clear and unmistakable agreement expressed by a person to take part in a specific act. As you can imagine, […]

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Mar 9, 2022

Limericks on Consumer Protection

Nyaaya

There once was a woman who loved white, She bought washing powder to make her clothes bright. But though it claimed to be best, It failed each ‘whiteness’ test, So for misleading ads, she went to fight. ———————————– There once was a man who loved shopping Online, he went from site to site hopping. But […]

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Mar 9, 2022

Top 10 Indian movies with Courtroom Face-offs

Nyaaya

Pink (Hindi, 2016) Nerkonda Paarvai (Tamil, 2019) Court (Marathi, 2014) Section 375 (Hindi, 2019) Oh My God! (Hindi, 2012) Mulk (Hindi, 2018) Jolly LLB (Hindi, 2013) Damini (Hindi, 1993) Shahid (Hindi, 2013) Gauravam (Tamil, 1973)

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Mar 9, 2022

Repeal of the farm laws: What are farmers waiting for?

Smriti Rao

Prime Minister Narendra Modi announced that the Parliament will take up the repeal of the farm laws in its Winter Session (mid-November to mid-December). He made this declaration in his address on 19th November 2021, on the occasion of Guru Nanak Jayanti. Farmers’ bodies have welcomed this move but said they will wait for the […]

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Mar 9, 2022

Modern Versions of Laws in the Ramayana and the Mahabharata

Sumeysh Srivastava

The days leading up to Diwali are perhaps the most festive time period in the Hindu Calendar. Symbolizing the victory of light over darkness, this is the time when people decorate or renovate their homes, get new clothes made and exchange gifts with relatives. This is also a time when stories related to ancient Indian […]

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Mar 9, 2022

Live-in Relationships and the Law

Shonottra Kumar

Contrary to popular belief, live-in relationships have been discussed in Indian law, and the rights of live-in couples have been a subject of debate in courts for quite some time now. In 1978 itself, the Supreme Court recognised a 50 year long live-in relationship as a valid marriage. The Court noted that for a couple […]

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Mar 9, 2022

Live-in Relationships and the Law

Nyaaya

The Punjab and Haryana High Court has said that two adult individuals above eighteen years of age can decide to be in a live-in relationship, even if they are not of marriageable age. The Court held that every adult individual has a right to live their life as they desire. An adult individual’s family members […]

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Mar 9, 2022

Why simplifying the law is important in India

Sumeysh Srivastava

  Rukmini, lives in Delhi and works at a bank. She has been married for three years and is constantly taunted by her husband and his family, who want her to quit her job and be a housewife. She enjoys her work and is adept it but she feels distressed from the snide comments from […]

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Mar 9, 2022

The History Behind Sexual Harassment at the Workplace Law

Malavika Rajkumar

    Sexual harassment at the workplace is widespread. Women all around the world have faced instances of sexual harassment, calling for a strong law to curb these acts. In India, the framework for the Sexual Harassment at Workplace law was laid down in the landmark judgement of the Supreme Court in Vishaka v. State of […]

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Mar 9, 2022

Crime Against Children Online is Evolving and So is the Law

Kanika Arora

Trigger Warning: The following blog contains information on sexual and physical violence which some readers may find disturbing. *In the article, a child means a person under the age of 18. The COVID-19 pandemic has changed the way in which we interact with our community. People are now spending enormous amounts of time online. However, […]

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Mar 9, 2022

A Nyaaya Christmas Story

Nyaaya

On Christmas, Nyaaya takes you through the journey of the Maria Family during the holiday season. Alice, is the strong mother of two beautiful daughters, Amaya and Anne. Amaya is a dreamer. She is 10 years old and she can’t wait to grow up. Anne on the other hand is a realist. She works in […]

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Mar 9, 2022

Types of Property Disputes

Nyaaya

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Mar 9, 2022

Netflix’s Mimi and Surrogacy: What does the law say?

Shonottra Kumar

One of the newer Netflix releases, Mimi, talks about an issue that has been discussed in India’s Parliament through the ages but never passed as a law yet – Surrogacy. The current proposed Bill defines it as a practice whereby one woman bears and gives birth to a child for an intending couple with the […]

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Mar 9, 2022

A Conversation on Early Marriages with Breakthrough India

Shonottra Kumar

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Feb 24, 2022

Indian Movies and the Law Crossword

Pallavi Mohan

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Feb 15, 2022

Meri Bhi Awaaz Suno – A Gram Vaani and Nyaaya Campaign

Shonottra Kumar

As the Covid pandemic hit, the world soon realised that its effects were not limited to medical ailments, but went beyond to legal issues as well. Be it in terms of understanding your right to receive dignified healthcare to matters of probating a will on the death of a loved one or even your rights […]

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Feb 15, 2022

Is residing around industries a choice for the residents of Mumbai?

Nyaaya

“When human habitation is permitted in proximity of hazardous plants, there is an immediate, as well as long-term, danger of exposure to health hazards. The public interest cannot be sacrificed at the altar of commercial interests.” – Oswal Agro Mills v. Hindustan Petroleum Corporation Ltd. and Ors. (Supreme Court of India, 2012) Understanding the Right […]

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Feb 15, 2022

Service Voters and their Right to Vote

Nyaaya

Who is a service voter? A service voter is a: Member of the Armed Forces – Army, Navy and Air Force. Member of Assam Rifles, Central Reserve Police Force, Border Security Force, Seema Sashastra Bal, Indo-Tibetan Border Police, Central Industrial Security Force, General Engineering Reserve Force, and Border Roads Organisation under Border Roads Development Board. […]

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Feb 15, 2022

Is Mumbai Protecting its Famous Street Vendors?

Vistasp Irani and Sakshi Pawar

Mumbai, the city of dreams, is not just a city for the rich and affluent but caters to every person that walks its streets. While walking the streets of the city, one encounters a colourful array of street vendor stalls. These stalls sell basic items like fruits and vegetables to items in high demand like […]

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Feb 15, 2022

A Conversation on Laws for Gig Workers

Shonottra Kumar

On International Labour Day 2020, we spoke to Aditi Surie from Indian Institute for Human Settlements to understand the laws and policies governing ‘gig work’ in India, prior to the introduction of the four new labour codes. Do you think the current labour legislation in India accommodate the new age urban workers like gig economy […]

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Feb 15, 2022

How friendly is your city to lovers?

Nyaaya

Cities are notoriously hostile to lovers. Whether it is public kissing or being rudely accosted in parks, lovers in the Indian city invoke moral panic, social outrage, adverse legal implications, police harassment and moral policing from right-wing outfits, resident welfare associations and their own families. However, the city itself is the background, terrain and critical […]

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Feb 15, 2022

Extradition Law: Bringing Fugitive Criminals to Justice

Sruthakeerthy Sriram

Chhota Rajan, Vijay Mallya, Lalit Modi, Bannanje Raja – What is the common factor that links these high-profile individuals? They are all people who fled from India to foreign countries after committing crimes in our country. These are only a few names among thousands who attempt to escape justice by going out of the country. […]

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Feb 15, 2022

Demystifying India’s Rape Laws

Shonottra Kumar

  With the peculiar set of events surrounding the Hathras rape incident, the Uttar Pradesh police have claimed that the 20 year old victim was not raped. Their forensic report states that there was no sperm found on the victim and that she in fact died of neck injuries. While this has stirred up much […]

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Feb 15, 2022

Know Your Rights: Are You Eligible For Maternity Benefits in India?

Malavika Rajkumar

Maternity benefit is the payment that is provided to a woman when she is going to have a child. It helps protect the rights of women employees during pregnancy and provides them with paid leave so that they can take a break from work. It also protects the jobs of women during this leave since […]

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Feb 15, 2022

Farm Laws: What is Changing in the Agriculture Sector in India

Shonottra Kumar

In June 2020, three farm bills were introduced in the Parliament – Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 and Essential Commodities (Amendment) Bill, 2020. While the intent of these Bills is to introduce reforms in the agricultural sector, […]

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Feb 15, 2022

Can Same-Sex Marriages Be Legalised in India?

Smarnika Srivastava

The traditional norms of the Indian society cater to heteronormativity. This has been reflected in our larger attitude towards every conversation we tend to have about relationships or marriage. It is so deeply internalised that even our legal and judicial system follow it blindly as if there is no other possible reality. There are several […]

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Feb 15, 2022

Same Sex Couples and their Right to Marriage: The Indian Context

Smarnika Srivastava

The right to marry is a part of the right to life under Article 21 of the Constitution of India, 1950. This was also established in the landmark case of Lata Singh v. State of Uttar Pradesh (2006)1 where the Supreme Court of India upheld the right of an individual to marry any person of […]

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Feb 15, 2022

FAQs on Manual Scavenging Everyone Should Know About

Lavish Sharma

What is Manual scavenging? Manual scavenging is one of the most degrading and hazardous jobs that one can be employed in. It is a process in which manual removal of human excreta is done by a person known as manual scavenger. The job is not only restricted to human excreta, but these workers are also […]

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Feb 15, 2022

Patient Rights in a Pandemic

Asees Kaur

The COVID-19 pandemic has taken a toll on the Indian healthcare system as the number of cases in India rise on a daily basis. While doctors, nurses and other hospital staff are working really hard and putting their lives at risk to ensure patients are taken care of, there are also horror stories about how […]

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Feb 15, 2022

Sexual Crimes: Romanticisation by Bollywood?

Aditi Shrivastava

One of the most iconic movies ever produced by Bollywood has to be ‘Dilwale Dulhaniya Le Jayenge’ backed by the fact that it has been played for approximately 23 years in a theatre in Mumbai. People across generations have grown up watching this romantic tale unfold and since the protagonist of this story is none […]

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Feb 15, 2022

Understanding the Law on Criminal Contempt in India

Abin Alex

The term ‘Contempt of Courts’ has managed to find its way back into our daily discussions after the controversies regarding Prashant Bhushan and his tweets. While the controversy has now ended and we have moved on to other headlines, some of us would still be curious to know more about the law and the limits […]

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Feb 15, 2022

How Does Indian Law Deal With Food Adulteration?

Sruthakeerthy Sriram

In India, we have laws to ensure the availability of safe and wholesome food for human consumption. Food adulteration and the standards of food quality are regulated by the Food Safety and Standards Act, 2006. The Act regulates laws relating to food, and establishes the Food Safety and Standards Authority of India. Further, the Act […]

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Feb 15, 2022

Buying Organic Food in India? Here’s What You Need to Know

Shonottra Kumar

  Recent years have seen a fast-growing trend in adopting a healthier lifestyle. With this, also came a widely shared enthusiasm for the consumption of organic foods. But do you know what makes food or produce organic? How do you distinguish them from those that are not? Have you also wondered if these organic products […]

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Feb 15, 2022

Mid Day Meals Scheme: Frequently Asked Questions

Shonottra Kumar

National Nutrition Week is celebrated in India every year between 1st and 7th September by the Food and Nutrition Board of the Ministry for Women and Child Development. Since 1982, this dedicated week has been conducted to emphasize the importance of the right nutrition for the human body. This National Nutrition Week, let’s have a […]

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Feb 15, 2022

Drawing the Line on Workplace Sexual Harassment in the Work From Home Era

Malavika Rajkumar

The advent of technology has led to new forms of harassment at workplaces. It is important to understand the POSH law (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) at this juncture to protect yourself from any form of sexual harassment while working from home. In 2019, a survey by […]

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Feb 15, 2022

Intersectional Discrimination: Understanding the Indian Perspective

Shonottra Kumar

What is Intersectionality? Kimberle Crenshaw, a lawyer and civil rights activist, uses the case of Emma Degraffenreid v. General Motors Assembly Division (1976) to explain how discrimination against women does not exist in silos. It is often seen to be overlapping with other forms of discrimination and in order to address this problem, the […]

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Feb 15, 2022

Rights of Community Aid and Health Workers: Humanitarian workers of COVID-19

Soumya Gupta

The worldwide pandemic and almost six months of being trapped inside houses have made us realise the value of the essential workers who provide for the daily needs in our community. For most of us, it is a time to take rest, remain inside the house with all comforts and luxuries, avoiding outside contact as […]

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Feb 14, 2022

Rights of Tribals and Indigenous Persons in India

Aryan Mohindroo

India is witness to a highly diverse tribal population. Each tribe has its own character and nature, consequently requiring a different treatment. For example, the life and circumstances of indigenous people in central India or western India are in contrast with the condition of tribes in northeast India and the Andamans. It has been found […]

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Feb 14, 2022

The Battle for Gender Equality in the Indian Armed Forces

Sruthakeerthy Sriram

The Supreme Court has delivered landmark judgements allowing the grant of Permanent Commission to women officers in the Indian Armed Forces (army, air force and navy). A permanent commission allows officers to serve in the armed forces till they retire. This is different from a Short Service Commission, which is for a specific period of […]

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Feb 14, 2022

‘Aaya Ram, Gaya Ram’: When Politicians Change Political Allegiances

Sruthy Sriram

In 1967, Haryana’s MLA Gaya Lal changed his political party three times in the span of fifteen days — first from the Congress to the Janata Party, then back to the Congress, and again to the Janata Party. ‘Aaya Ram, Gaya Ram’1 thus became a popular phrase in Indian politics, referring to legislators (members of […]

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Feb 14, 2022

Indian Matchmaking and the Legal Criteria for Hindu Marriages

Malavika Rajkumar

Complexion, height and looks are not legal criteria for marriage   Indian Matchmaking is the Netflix Show which has made waves in the Indian marriage market. It attempts to portray how the Indian matchmaking industry works. Matchmaker Sima Taparia guides clients in the U.S. and India in the arranged marriage process, offering an inside look […]

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Feb 14, 2022

Chinese Apps Ban: Understanding Sec 69A of Information Technology Act

Shusrut Kaplay

With rising border tensions between India and China, the Indian Government on 29th June banned 59 mobile applications of Chinese origin. The apps include popular apps like ShareIt, Tiktok, CamScanner, UC Browser, Club Factory, etc. The Ministry of Electronics and Information Technology (MeitY) stated that the ban was necessary to safeguard the ‘sovereignty and integrity […]

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Feb 14, 2022

Nyaaya’s CORONAVIRUS LEGAL TRACKER

Malavika Rajkumar

  When such a critical multi-stakeholder Government response has to be taken for epidemics, the two primary laws which come into play are the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. To read more on the laws, see here.   Let’s see what the latest updates are on how the law is […]

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Feb 14, 2022

Understanding the Indian Refugee Law Framework

Raghunandan Sriram

What is refugee law? Refugee law deals with the rights of those people who have been forcibly displaced from their native countries as refugees, and also covers duties of other nation-states in this regard. People may become ‘refugees’ due to ethnic strife, civil war, inter-country wars or a variety of other reasons. However, it is […]

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Feb 14, 2022

Torture in Police Custody: What Are Your Rights?

Shonottra Kumar

    The issue of police brutality was recently brought back to light following the death of George Floyd in the United States. Soon, many across the world took to social media to highlight the problems of custodial torture prevalent in their countries. This wave also brought out the story of Jayaraj and Fenix from […]

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Feb 14, 2022

Contract Labour in India: Understanding the Legal Framework

Riddhi Shetty

When a workman is employed for work through a contractor and not directly through an employer, he is engaged in ‘contractual employment.’ A 2015 ICRIER Survey of the Manufacturing sector in Haryana shows that approximately 41% of the labour employed was contractual in nature. Indeed, half of the increase in total employment (from 7.7 million […]

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Feb 14, 2022

Understanding Prohibited Relationships in Hindu Marriage Act through Hum Aapke Hain Kaun

Sumeysh Srivastava

The 1994 Rajshri production blockbuster, Hum Aapke Hain Koun, is like a crash course for anyone looking to understand north-Indian, upper-caste wedding traditions. The Movie has had a seminal influence in ensuring that certain rituals, like the elaborate Sangeet and the Joota Churai ceremony, have become essential parts of weddings, especially in north and central […]

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Feb 14, 2022

Food Safety: A Collective Responsibility

Sruthy Sriram

What is food safety? Food is the basis for our health and well-being. We often assume that food is safe, but in a globalised world, food is grown, processed, stored and handled by a large network of people before it is consumed by us. In other words, there are lengthy food chains from farm to […]

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Feb 14, 2022

The Deafening Silence Around Noise Pollution

Malavika Rajkumar

  Noise pollution surrounds us everywhere — from the clanging of vessels on balconies during the lockdown, to your neighbours loud music and to the honking of cars. People have gotten used to the constant noise in India and noise pollution has become one of India’s underdog among the environmental pollutants. In between the excitement […]

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Feb 14, 2022

#NyaayaSpeaks Celebrates World Environment Day 2020

  In 1972, the first major world conference on environmental issues, called the United Nations Conference on Human Environment, took place in Stockholm, Sweden. Famously noted as the turning point of international environment protection regime, the aim of the conference was to address the challenges of preserving and enhancing the human environment, keeping in mind […]

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Feb 14, 2022

Environment Law and Policies in India: A Historical Overview

Shonottra Kumar

“People are suffering. People are dying. Entire ecosystems are collapsing. We are in the beginning of a mass extinction, and all you can talk about is money and fairy tales of eternal economic growth. How dare you!” These are the words of a Swedish teen activist that created a global uproar. Until this point, there […]

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Feb 14, 2022

What happens when a child commits a crime?

Gatha N

In the recent past, we woke up to news centred around ‘Bois Locker Room’, a private chat room in Instagram where several schoolboys engaged in sharing pornographic images of women, objectification of women and even spoke casually about raping girls. However, juvenile crimes are not a new phenomenon. Data held by the National Crime Records […]

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Feb 14, 2022

A Brief Overview of the Prevention of Corruption Act

Swarna Sengupta

  Corruption is a pervasive problem in India. Almost 9% of our gross domestic product is hampered due to corruption, and at least $1trillion is lost every year.1 Widespread corruption and bribery undermines the administrative system. It has grave implications for the economic and political framework and severely affects the social fabric of Indian society. […]

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Feb 14, 2022

Domestic Violence during Lockdown: Dealing with the Shadow Pandemic

Gayatri Gupta

  A UN report has recently analysed the impact of COVID-19 on women, urging nation-states to include prevention of violence against women and girls as a part of their COVID-19 action plan.1 With a sharp increase in domestic violence cases across the world, Phumzile Mlambo-Ngcuka, Executive Director of UN Women, has termed this increase in […]

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Feb 14, 2022

Censorship on online platforms: Understanding India’s Self Regulation Model

Apoorv Dixit

In early 2019, NGO Justice for Rights Foundation submitted a petition to the Delhi High Court as well as the Supreme Court seeking formulation of government guidelines regulating content streamed on online platforms like Netflix, Hotstar etc.1 Although no government intervention in this sphere exists yet, there has been some development with respect to self […]

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Feb 14, 2022

What are the Rights of Press in India?

Malavika Rajkumar

    May 3 or #WorldPressFreedomDay acts as a reminder to governments of the need to respect their commitment to press freedom, and is also a day of reflection among media professionals about issues of press freedom and professional ethics. Today, Nyaaya brings to you a list of rights which the press have in India. […]

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Feb 14, 2022

Gender Discrimination in the High Flyers Club: Indian Air Hostess’ Battle for Workplace Equality

Shonottra Kumar

Image Source: Qz.com   Have you ever heard of people criticising Air India for having ‘older’ air hostesses? They often try to justify their statement with further misogynistic remarks of there being an unspoken standard set by the industry of having certain kind of women be air hostesses — the pretty and young with just […]

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Feb 14, 2022

Workplace Sexual Harassment Law for India’s Judiciary

Asees Kaur

The #Metoo movement grew in India with women publicly naming their sexual harassers on various social media platforms. These men worked in varying industries from politics to fashion. This exposed an institutional pattern of sexual harassment at the workplace. To make matters worse, the skewed power dynamics between employees and employers has allowed rich and […]

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Feb 14, 2022

India’s Response to Child Labour

Sruthakeerthy Sriram

The importance of addressing child labour The International Labour Organisation (ILO) refers to child labour as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. In essence, child labour is work that is mentally, physically, socially or morally dangerous and harmful to children, […]

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Feb 14, 2022

The Law for Gig-Workers in India

Malavika Rajkumar

Source: Financial Express Who are gig workers? Gig workers refer to the workers outside of the traditional employer-employee relationship including freelancers, workers who are employed on a contractual basis with their employers, project based work and short term work. Most commonly, platform based work where workers earn money by providing specific services, including food […]

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Feb 14, 2022

Health and Safety Provisions for Factory Workers in India

Aryan Mohindroo

As an employee, apart from remuneration paid for work, your primary concern is safety. Factory workers are exposed to substantial risks working in highly mechanised plants around harmful materials. Therefore, it’s necessary to opt for all means to make the plant safer and ensure workers’ well-being in the long run. Safety provisions under the Factories […]

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Feb 14, 2022

Nyaaya Celebrates International Labour Day

Shonottra Kumar

  Workers all around the world celebrate May 1 as the International Day of Labour. It is seen as a tribute to all the efforts of labourers and activists who worked towards creating a fair, just and safe work environment for everyone, everywhere. But what do we know about this holiday? How did May 1st […]

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Feb 14, 2022

How Does Indian Law Regulate Smoking?

Gatha N and Swarna Sengupta

    Smoking tobacco is one of the major health risks which threaten human health worldwide. It affects the cardiovascular and respiratory systems which can manifest as lung cancer, heart attacks, asthma, strokes, impotency etc. The health risks are manifold for passive smokers as the smoke emitted from the smoker’s cigarette contains three times more […]

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Feb 14, 2022

Rights of the Scheduled Castes and Scheduled Tribes: A Legal Primer

Kadambari Agarwal

  On the occasion of Ambedkar Jayanti, it is crucial that one takes a moment to remember this great man’s struggles and successes in his fight against the caste system prevalent in India. From Annihilation of Caste to Who Were The Shudras, Dr. B R Ambedkar has, with an incredibly singular focus, attacked and struck […]

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Feb 14, 2022

Our Very First #NyaayaSpeaks

Nyaaya

In the midst of the covid outbreak and social distancing, almost everyone is glued to their screens — be it working from home or scrolling through social media. For some, it can be a vicious cycle jumping from work documents to Netflix to twitter and then back to work documents. If you are looking to […]

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Feb 14, 2022

Understanding Manual Scavenging: Response of Indian Law

Asees Kaur

Manual scavenging is an inhumane practice that involves the removal of human excreta from dry latrines, open drains and sewers using bare hands or brooms. Historically, it was members of the lower castes that were forced into performing these menial jobs. While this is a hazardous job that strikes at the dignity of an individual, […]

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Feb 14, 2022

Maternity Benefit in India

Asees Kaur

  The Constitution of India recognizes the need to make provisions for “securing just and humane conditions of work and for maternity relief”.1 Historically, childbirth and the upbringing of children has been used as a justification for limiting the role of the women to the home and to prevent her from taking up employment. Pregnancy […]

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Feb 10, 2022

Water: Dealing with Laws, Pollution and Complaints in India

Shonottra Kumar

India does not have one centralized law on water conservation, supply or control of pollution, but rather a collection of policies at both Centre and State levels. While there are many reasons for this distribution, one of the early ones was owing to the local policies that the British government established at smaller levels for […]

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Feb 10, 2022

The CoronaVirus and the Law: What Should People Know?

Malavika Rajkumar

The spread of COVID-19, or the novel coronavirus, is challenging multiple public healthcare systems in nations around the World. With the rising number of cases being detected in India, the Government has decided to roll up its sleeves and exercise its powers under available laws, and has set up the requisite infrastructure to battle this […]

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Feb 10, 2022

What are the Rights of a Consumer in India?

Aryan Mohindroo

  Industrial development across Indian markets has resulted in the influx of various consumer goods. The industries today focus on catering to the diverse needs of Indian customers and cover a variety of goods and services like banking, finance, transportation, construction, entertainment, utilities etc. While the consumers are at the top of the vendors’ priority, […]

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Feb 10, 2022

Dowry related crimes continue to rise even after 59 years of Dowry Prohibition Act: What are the reasons for this?

Gatha G Namboothiri

  Dowry has been defined as anything with value being given from one party of marriage to the other as a condition for the marriage to take place. The Dowry Prohibition Act passed in 1961 declares that giving or accepting dowry is illegal. It also punishes the people who are involved, who help and facilitate the […]

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Feb 10, 2022

Voting Day — How to Vote?

Malavika Rajkumar and Kadambari Agarwal

Before you go to vote, you must know exactly what the process of voting entails, and how you can participate in it. To vote, you either require your Voter ID Card or other forms of identification. As an NRI voter, you must take your passport with you. Read more to understand how the process of voting […]

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Feb 10, 2022

What happens 48 Hours Before Elections?

Malavika Rajkumar and Kadambari Agarwal

48 hours before elections, known as the silence period or pre-election silence, is when all campaign-related or election-related activity is supposed to be halted, and no one, including persons like citizens, journalists, politicians, etc. are allowed to partake in any such activity. This is done to give the voters a peaceful break from being influenced by campaigns […]

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Feb 9, 2022

Registering as a Voter and Changing Details: Do You Know How to Register Yourself as a Voter?

Malavika Rajkumar and Kadambari Agarwal

Source: The Better India   With the commencement of the Delhi Legislative Assembly elections, it is crucial that every citizen knows how to register himself as a voter. In India, you can vote if you are an Indian citizen living in India or abroad, or if you are an NRI (Non-Resident Indian). There are certain criteria that must […]

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Feb 9, 2022

Campaigning: Do’s and Don’ts for Candidates in India

Malavika Rajkumar and Kadambari Agarwal

The Model Code of Conduct (MCC) is a set of rules and guidelines which regulate the actions of the political parties, candidates, people supporting them, the civil servants during election time and anybody else who is associated with elections. The MCC ensures that the elections are held on fair grounds, and no action is taken […]

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Feb 9, 2022

Sedition: The conundrum between disloyalty against the government and freedom of speech

Malavika Rajkumar and Kadambari Agarwal

“Sedition has been described as disloyalty in action, and the law considers as sedition all those practices which have for their object to excite discontent or dissatisfaction, to create public disturbance, or to lead to civil war; to bring into hatred or contempt the Sovereign or the Government, the laws or constitutions of the realm, […]

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Feb 9, 2022

Unable to file an FIR due to police harassment? Here’s what to do

Malavika Rajkumar and Kadambari Agarwal

An FIR (First Information Report) is a document prepared by the police when they receive information about a crime or offence that has been committed. Typically, while filing an FIR, the police will ask multiple details regarding the complaint you have and give you a copy of the FIR to keep. An FIR is integral […]

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Feb 9, 2022

Top 7 remedies for sexual harassment at the workplace

Malavika Rajkumar

According to the law on sexual harassment at the workplace, women can file a complaint for sexual harassment, such as implied or explicit promises of preferential treatment or threats of detrimental treatment, undue interference with work that creates a hostile environment, humiliating treatment that might affect one’s health or safety, etc. This law leaves the […]

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Feb 9, 2022

Understanding your rights: The Legality of Employment Contracts

Malavika Rajkumar

The relationship between an employer and an employee comes from a mutual understanding that is cemented in a legal instrument i.e. a contract. In addition to contract law, the public sector is mostly regulated by labour and industrial laws, leading to the protection of the rights of employees. Whereas, the private sector is governed mostly […]

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Feb 9, 2022

To Root Out Child Marriage, Existing Laws Need Tightening

Malavika Rajkumar

Post-Constitution laws and prevalent customs of India have come into conflict with each other over the decades. Child marriage has been declared illegal according to the provisions of the Prohibition of Child Marriage Act (PCMA), 2006. This law seeks to prevent the solemnisation of child marriages. It also includes the prohibition of marriages between children […]

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Feb 9, 2022

A Much Needed Guide To Navigating The Police System For The Indian Woman

Shonottra Kumar

Have you ever been eve-teased or harassed and not reported it because you just did not want to approach the police? Have you ever had even the slightest amount of fear to get something as simple as a passport verification done from the police? Or while asking for directions on the street, you have the […]

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Feb 9, 2022

How to protect your money online

Sumeysh Srivastava

“Congrats! Your personal loan has been approved up to Rs. 5 lac!”. Some of us may be familiar with such messages, on our phones and on emails. After the initial elation about receiving a congratulatory message, you may soon realize that you never applied for any loan, and just ignore the message. However, some people […]

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Feb 9, 2022

Nyaaya MCC Violation Tracker

Source: Times of India What is this tracker? The Lok Sabha elections 2019 are underway and campaigning is on in full swing. Election campaigns are an opportunity for politicians to present their work to people, talk about future plans and convince people to vote for them. However, this is a competition, because you have to […]

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Feb 9, 2022

#LostVotes campaign: No, citizens who relocate within India do not lose their vote

Shonottra Kumar

In January, The Times of India newspaper started a #LostVotes campaign ahead of the upcoming general elections. It advocates the cause of those who were not able to vote in the last Lok Sabha elections because they were not living in places where they were registered as voters. The campaign claims that 281 million registered […]

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Feb 9, 2022

Abuse of Sedition Law

Sumeysh Srivastava

In Gadar: Ek Prem Katha, there is a nationalism-packed scene in which Tara Singh, played by Sunny Deol, is being asked to convert to Islam so that his iniquitous Pakistani father-in-law (Amrish Puri) can accept him and allow him to be with his wife and kid. In this scene, Tara Singh is okay with saying […]

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Feb 9, 2022

The Law Every Indian Should Know, But Very Few Of Us Do: Right To Information

Shonottra Kumar

A retired railway employee, Ramesh, could not understand why there were deductions in his pension statement. Upon asking around at his old department he did not get a clear answer but was able to figure out that the ministry had levied some ‘mysterious’ tax on many ex-employees. Angered at this unilateral decision taken by his […]

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Feb 9, 2022

Good To Know : How To Deal With Workplace Sexual Harassment?

Malavika Rajkumar

By Malavika Rajkumar   The importance of the #MeToo movement cannot be understated and equality of at the workplace can only be achieved when procedural and institutional hurdles don’t block the mechanisms of filing a complaint. Breaking from the shackles of oppression requires a progressive outlook towards the law and both women and men should […]

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Feb 7, 2022

Let’s Talk About The Long Overdue Reforms Needed In The Abortion Laws Of India

Malavika Rajkumar

    A 35-year-old pregnant rape victim discovers that she is HIV positive in her 17th week of pregnancy. She approaches a government shelter, an approved place to conduct an abortion, but is denied the abortion. They demand parental and spousal consent, even though under the law, a woman above the age of 18, does not need […]

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Feb 7, 2022

India’s #MeToo: Are Political Parties Legally Bound to Form ICC?

Adrija Jayanthy

The furore of the #MeToo movement, unsurprisingly, has hit the shores of political parties with several allegations of sexual harassment against prominent politicians. MJ Akbar, the Minister of State for External Affairs, has been accused of sexual harassment by journalists. Sonal Kellog, a journalist, has made an accusation of sexual harassment against a UPA-1 minister. […]

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Feb 7, 2022

For Manual Scavengers, Swachhta is not Seva

Sumeysh Srivastava and Shonottra Kumar

Another anniversary of the Swachh Bharat Abhiyan (hereinafter “SBA”) is approaching and “Swachhta Hee Sewa” is in the air. The Government has purportedly been very sincere in its efforts to promote the nation-wide cleanliness campaign. But if you look beyond the endorsements from celebs and the photo-ops of ministers cleaning areas which have been cleaned […]

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Feb 7, 2022

The Illusion of justice offered to children who are sexually abused in India

Mustafa Haji

Recently India made world news with the introduction of the death penalty for child rapists. It is unfortunate how it takes tragic incidents such as rape of minors to remind us that the laws of the country need serious reconsideration. The last time a major overhaul in the rape law was thought of was as […]

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Feb 7, 2022

Brief encounter: What Rajkumar Santoshi’s ‘Damini’ gets right about the prosecution of rape

Adrija Jayanti

  The movie is a classic for its progressive feminist outlook and realistic portrayal of the Indian justice system. For those who haven’t seen Rajkumar Santoshi’s Damini (1993), about a woman who seeks justice after witnessing her house help being raped, I recommend saving this essay for after you have watched the movie. That said, […]

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Feb 7, 2022

Holi Kab hai, Kab hai Holi?!

Mustafa Haji and Adrija

  “Holi kab hai…kab hai holi, kab!” It isn’t only Gabbar who looks forward to Holi. Everyone eagerly awaits Holi and the chance to spend the day (and mostly the day after!) in an intoxicated haze by consuming bhang and playing with colours. Rang and bhang are the two words that resonate throughout the day […]

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Feb 4, 2022

From Sholay to Raabta: Copyright in Bollywood

Sumeysh Srivastava

  Sholay is an essential part of Indian cinematic history and has had a lasting impact on Indian pop culture. Almost all the famous scenes and songs are well known, and its characters, from the Jai-Veeru pairing, Gabbar himself, have served as the inspiration for many other personas across Indian cinema. . . Sholay itself […]

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Feb 1, 2022

Service Voters and their Right to Vote

Sruthy Sriram

Who is a service voter? A service voter is a: Member of the Armed Forces – Army, Navy and Air Force. Member of Assam Rifles, Central Reserve Police Force, Border Security Force, Seema Sashastra Bal, Indo-Tibetan Border Police, Central Industrial Security Force, General Engineering Reserve Force, and Border Roads Organisation under Border Roads Development Board. […]

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Jan 9, 2020

Constitution Crossword Puzzle

Sruthy Sriram

Do you like #Crosswords? Try out the Nyaaya Constitution Crossword and see how many clues you can crack! 

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