Marriage in India is viewed as the institution of unity of a girl and a boy in order to acquire social position. It is frequently like a self-created institution. But, this institution of marriage is easily shattered these days. Every year, the number of divorces rises, whether due to the fault of the husband or the wife. The wife files a complaint against the husband under Section 498A of the IPC, the Hindu Marriage Act of 195, and the Domestic Violence Act of 2005. However, there have been cases where a wife filed a fraudulent complaint against her husband. In such circumstances, the spouse had no recourse because Indian laws were inclined towards women.

It is clear from the unfair nature of the laws that, unlike other laws in India, the burden of proof in laws dealing with the protection of women falls on the accused to prove his innocence, which means that the husband and his family members are immediately apprehended as soon as the wife lodges a FIR, and they are considered as accused without the opportunity to be heard.

However, the High Court of Bombay's decision in the case of Shri Mangesh Balkrushna Bhoir v. Sau. Leena Mangesh Bhoir, the court granted some relief to the husband in such circumstances of false complaints. The Court ruled that if a wife files a false complaint against her husband and his family members and the husband and his family members are acquitted and no case is made out against them. Thus, Honb’le Justice R.D. Dhanuka rendered the decision, stating that on such grounds, the husband is allowed to submit a petition for divorce from her wife.

The term "cruelty" is not defined in the IPC. Cruelty has been defined by Indian courts as an inhuman conduct that causes mental pain and endangers another person's health and life. Either the husband or the wife might be harsh both mentally and physically. Cruelty is one of the grounds for divorce under Section 13(1)(i-a) of The Hindu Marriage Act, 1955, and the party requesting divorce must demonstrate that it has become impossible for husband and wife to live together.

Facts of the case

In the aforementioned case, the woman filed a complaint against her husband and his family members under Section 498A[1] read with Section 34[2] of the Indian Penal Code. Following that, the Husband filed a petition for divorce based on cruelty and other grounds. The wife's petition was dismissed since the prosecution failed to present adequate evidence to the court, and therefore the accused was acquitted. Meanwhile, the Husband's divorce petition was granted based on cruelty. The order for divorce was overturned by the first appellate court. The Husband filed an appeal.

Concern raised

The High Court was asked if the Appellate Court was right in overturning the Trial Court's order granting a divorce to the husband on the grounds of cruelty, especially when the husband had been acquitted under Section 498A, IPC?

Judgement

The Court cited the case of K.Srinivas v. K.Sunita, in which the Supreme Court decided that it is a settled point of law that if either spouse files a false complaint, it amounts to cruelty and allows the other spouse to seek for divorce. The Court stated that if a complaint filed by the woman against her husband under Section 498A of the IPC is dismissed and the husband and his family members are later acquitted, the complaint submitted by the wife is false.This is in contrast to the Patna High Court's decision in Bhola Kumar v. Seema Devi, which said that any criminal complaint submitted by the wife would not constitute cruelty as a cause for seeking a divorce. Hon’ble Justice R.D. Dhanuka established a distinction, finding that in the aforementioned case, the wife's petition against her husband was still ongoing before the Criminal Court when the divorce petition was heard by the Family Court. In this case, however, the husband and his family members were acquitted.

Conclusion

After receiving numerous false charges from wives against their husbands, the Supreme Court has resolved the legislation regarding cruelty towards the spouse. Mrs. Deepalakshmi Saehia Zingade v. Sachi Rameshrao Zingade, involved a complaint brought by the woman against her husband alleging an extramarital affair, which was eventually proven. The court regarded such an act of wife cruelty against her husband. Similarly, in Anil Bharadwaj v. Nimlesh Bharadwaj, the court concluded that the wife's unwillingness to have sexual intercourse with the husband amounts to cruelty against the husband. Other reasons for abuse against the husband includes:

1.      Adultery by wife during marriage

2.  Misapplication of Section 498A of the Indian Penal Code, the Domestic   Violence Act of 2005, and other legislation

3.      Desertion by spouse

4.      Cruel attitude of wife

5.      Initiating criminal proceedings with malice against the husband and his family members, etc.

Introduction

Our daily lives are now heavily reliant on computers, the internet, data, coding, and digitization. By enhancing accessibility and convenience, they have made our lives easier. However, it has the drawback of making people more susceptible to attacks from anywhere in the world. From telecom hackers to crypto-jacking, cybercrime has evolved over time. Cybercriminals are causing havoc online and coming up with new schemes to con people.

What is Cybercrime?

Cybercrime refers to a range of criminal activities conducted through computers or the internet. It includes offenses like hacking, identity theft, fraud, cyberbullying, online harassment, phishing, malware attacks, etc.

Classifications of Cybercrime

Cybercrime refers to a wide range of activities. At one end of the spectrum are crimes involving basic invasions of personal or commercial privacy, such as attacks on the authenticity of information stored in digital depositories and the use of illegally obtained metadata to blackmail a company or individual. At this end of the spectrum, identity theft is another major crime.

Fraud, digital piracy, child pornography trafficking, counterfeiting, money laundering, and other transaction-based crimes are examples of transaction-based crimes. These are specific crimes with specific victims, but the perpetrator remains anonymous thanks to the Internet.

Another aspect of this type of crime is individuals within organizations or government agencies deliberately changing data for financial or political gain. At the other end of the spectrum, there are crimes involving attempts to disrupt the operation of the Internet itself.

These range from hacking, spam, and denial of service attacks against individual websites to cyber-terrorism—the use of the Internet to cause public disruption and even death. Cyber-terrorism is the use of the Internet by non-state actors to disrupt a country's economic and technological infrastructure.

How to Report a Cyber Crime in India?

The first step for a complainant of cybercrime is to submit a formal statement/application by lawyer or with any cybercrime unit in India. A cybercrime complaint can be made offline or online at https://cybercrime.gov.in. You can also contact the Ministry of Home Affairs' specialised cybercrime complaint line by dialing 1930 during business hours on weekdays from 9:00 am to 6:00 pm.

The cybercrime application letter must be delivered to the head of the cybercrime cell and include contact details like name, address, email, and phone.

Depending on the nature of the cybercrime, certain documents are required to file a complaint. This requirement varies by offence and serves as substantiating evidence to support a case.

If the Complainant’s city does not have a cybercrime unit, Complainant can file a report with the local police station. If they refuse to accept the complaint, contact the city's Commissioner or Judicial Magistrate.

How to File a Complaint Online:

If Complainant wants to file a cybercrime complaint online, they can do so as follows:

1. Go to https://cybercrime.gov.in and click the 'File a complaint' button.

2. After accepting the terms and conditions on the following screen, select the 'Report other cybercrime' option.

3. Choose the 'citizen login' option. After that, enter the required information.

4. Enter the OTP, fill out the captcha, and then click the submit button.

5. You will then be directed to a page with incident information. Mention the specifics of the crime as well as any supporting evidence.

6. If Complainant have any information about the alleged suspect, they need to provide it on the following page.

7. Documents Required for Filing A Description:

Ø  A written complaint detailing the entire occurrence,

Ø  A copy of the alleged criminal's mail,

Ø  The entire subject line of the suspect email,

Ø  Email hard and soft copies of the trail mail.

How to Protect Against Cybercrime:

1. Do not click on anything rashly.

2. One should not click on any app, pictures, popups, etc., and one should research any apps before installing them.

3. Parents should exercise some control over their children under the age of 15, and they should never allow them to use any mobile phones that contain your bank account information.

4. One of the most important things to remember if one does not want to be a victim is to take precautions when using social media.

5. Do not share any unwanted photos or send your photos to anyone, even if someone is pressurizing.

6. Never trust anything that is been  seen online because there are a lot of scam sites that can infect your computers, mobile devices, and other devices with viruses that can steal the personal information without any knowledge/permission.

Conclusion

In this age of digitalisation, one must be extremely cautious when dealing with any situation. If you become a victim, file a complaint right away to prevent that person from causing further disruption. The cyber crime department in India is well-developed and efficiently tracks down the troublemakers. The laws governing cybercrime are complex. So, for any further assistance or queries, contact SoOLEGAL through +91 9810929455 or via email at info@soolegal.com.

Frequently Asked Questions:

Q: What is cybercrime?

A: Cybercrime refers to a range of criminal activities conducted through computers or the internet. It includes offenses like hacking, identity theft, fraud, cyberbullying, online harassment, phishing, malware attacks, and more.

Q: How can I report a cybercrime in India?

A: To report a cybercrime in India, you can submit a formal complaint to the cybercrime cell  or file a complaint online (https://cybercrime.gov.in). You can also contact the specialized cybercrime complaint line by dialing 1930 during business hours on weekdays.

Q: What information should I include in my cybercrime complaint?

A: When filing a cybercrime complaint, provide accurate details such as your name, address, email, and phone number. Describe the incident clearly, including any supporting evidence like screenshots, emails, or other relevant documents.

Q: What should I do if my city doesn't have a cybercrime unit?

A: If your city doesn't have a dedicated cybercrime unit, you can file a complaint with your local police station. If they refuse to accept the complaint, you can escalate the matter by contacting the city's Commissioner or Judicial Magistrate.

Q: How can I file a cybercrime complaint online in India?

A: To file a cybercrime complaint online in India, visit the official website (https://cybercrime.gov.in) and click on the 'File a complaint' button. Follow the instructions, provide the required information, and submit details about the incident, including any evidence you have.

Q: What documents are required to file a cybercrime complaint?

A: The documents required may vary depending on the nature of the cybercrime. Generally, you may need a written complaint detailing the incident, copies of relevant emails or messages, subject lines, and any other relevant digital evidence.

Q: How can I protect myself against cybercrime?

A: To protect yourself against cybercrime, be cautious online. Avoid clicking on suspicious links or downloading unknown apps. Exercise control over children's internet usage. Use strong, unique passwords and keep your devices and software updated. Be cautious with social media sharing and avoid sharing personal or sensitive information.

Q: Are there any helpline numbers or resources available for cybercrime victims in India?

A: In India, you can contact the Ministry of Home Affairs' specialized cybercrime complaint line by dialing 1930 during business hours on weekdays. Additionally, you can seek assistance from organizations like SoOLEGAL (+91 9810929455, info@soolegal.com) for further guidance and support.

Introduction

Harassment is an unfortunate reality that some individuals may face in their daily lives, even within the confines of their own neighborhoods. If you find yourself being subjected to harassment by a neighbor in India, it is essential to understand the steps involved in filing a complaint but before that it is important to understand the meaning of Harassment.

What is Harassment?

Harassment is the persistent and aggressive behavior aimed at causing distress, intimidation, or harm to another person or group. It involves repetitive actions or communications that are unwanted and often target a person's race, gender, religion, sexual orientation, or other protected characteristics. Harassment can occur in various settings such as the workplace, schools, online platforms, or public spaces. It can take the form of verbal, written, or physical actions and can have severe negative effects on the victim's well-being and rights.

Examples of harassment include unwelcome sexual advances, threats, stalking, cyber bullying, discriminatory actions or slurs, spreading rumors or false information, unwanted physical contact, or creating a hostile environment. The specific definitions and legal consequences of harassment may vary depending on the jurisdiction, but it is universally recognized as a harmful behavior that infringes upon a person's safety, dignity, and right to be free from intimidation and distress. 

Following is the general process one can follow in filling a complaint/seeking remedy as per law:

Gather evidence: Before taking any action, collect evidence to substantiate your claims. Maintain a detailed record of incidents, including dates, times, locations, and descriptions of the harassment you have experienced. Photographs, videos, audio recordings, or any other relevant evidence can be invaluable in supporting your complaint.

Understand the applicable laws: Familiarize yourself with the relevant laws pertaining to harassment in your jurisdiction. In India, harassment can fall under various legal provisions, such as:

A) Indian Penal Code (IPC):

Section 503: Criminal intimidation.

Section 506: Punishment for criminal intimidation.

Section 509: Word, gesture, or act intended to insult the modesty of a woman.

B) Local laws and regulations:

Depending on your location, there may be specific local laws and regulations that address harassment issues. Research and consult local authorities or legal experts to determine the relevant provisions.

Understanding the legal framework will help you better articulate your complaint and seek appropriate legal recourse.

Also, at this stage it is advised to consult a Lawyer in order to ascertain remedies which are available to you as per law.

Seek mediation and involve local authorities: Consider engaging local mediation committees or relevant authorities, such as the Resident Welfare Association or Municipal Corporation, to help address the issue. These bodies can facilitate communication and negotiation between you and your neighbor, potentially leading to a resolution without resorting to legal action.

Approach the police: Contact your local police station or the nearest police helpline number to report the harassment. File a complaint, known as a First Information Report (FIR), against your neighbor. Provide the police with a comprehensive account of the incidents, supported by the evidence you have collected. Be sure to request a copy of the FIR for your records.

Maintain written records: Keep a detailed written record of all interactions with the police. Note down the names, designations, and contact details of the officers you speak to, as well as dates and summaries of your conversations. These records will serve as crucial evidence and ensure accountability throughout the process.

Legal advice and recourse: If the harassment persists or the police response is unsatisfactory, it may be prudent to consult a lawyer specializing in criminal or civil law. A legal professional can guide you through the legal process, explain your rights, and provide appropriate legal remedies. They can assist in drafting and filing necessary legal documents and represent your interests in court, if required.

Conclusion: Facing harassment from a neighbor can be distressing, but taking the appropriate steps to file a complaint is essential to safeguard your rights. By gathering evidence, understanding the applicable laws such as the Indian Penal Code (IPC), approaching the police, maintaining written records, seeking mediation, and, if necessary, obtaining legal advice, you can navigate the process effectively and work towards resolving the situation. Remember, the specific procedures and authorities involved may vary based on your location, so it is advisable to consult legal experts for accurate guidance 

We have tried to cover the issue in brief, however if there is any query on your end, you can always reach out to us at +91 9810729455 or mail us at info.sunlegalconfidential@gmail.com.

Legality of  Homosexual Marriages – Same Sex Marriages

Legalizing same-sex marriage is a recent socio-legal issue subject to the heated debate before the Indian legal system and citizens. While this issue addresses the provisions of many personal laws, it also challenges the constitutional validity of some provisions regarding conditions of a valid marriage and sexual orientation or gender identity under the law. This blog simplifies the apropos of its legal scenario, giving an understanding of its crucial correlated aspects.

The legal paradigmaround marriage equality and same-sex marriages has undergone a significant shift in recent years. In the realm of societal progress and human rights, many countries around the world have recognised the rights of same-sex couples to marry, while others are still struggling to effectively deal with the issues revolving around it. In countries where same-sex marriage is recognized, there has been a growth in the importance of equal rights and protections for all individuals, regardless of their sexual orientation. This has led to a more inclusive and diverse society, where everyone is free to love and marry whoever they choose. However, there are still many challenges that remain, including discrimination and prejudice against the LGBTQ+ community. In India, same-sex marriage is not recognised under the Indian law. Section 377 of the Indian Penal Code criminalized homosexual activity till 2018. While the Hon’ble Supreme Court of India partially struck down this section in 2018, same-sex marriage is still not recognized. However, some positive developments have occurred over the past several years. In 2014, the Indian Supreme Court recognized transgender individuals as a "third gender" and granted them legal recognition through the case of NALSA vs UOI AIR 2014 SC 1863.

The legal paradigm for same-sex couples in India is challenging; growing movements and advocacy groups are working to promote greater acceptance and rights for the LGBTQ+ community. In addition, the recognition of marriage equality not only embodies the principles of fairness and equal opportunity under the law but also represents a triumph of empathy, compassion, and respect for the diverse tapestry of human relationships. Some challenges raised in the plea for marriage equality are as follows.

Special Marriage Act, 1954

The Special Marriage Act 1954 is a law in India that provides a legal framework for civil marriage between individuals of different religions or castes. The act was designed to promote social harmony and equality by allowing individuals to marry regardless of their religion or caste. It provides a formal and legal procedure for couples who wish to marry without regard to their religion or caste. This means that couples who belong to different religions or castes can legally marry and enjoy the same legal rights and protections as any other married couple. The petitioners involved in the plea for marriage equality in the case of Supriya Chakraborty vs Union Of India on 6 January 2023 and argued that Section 4(c) of the Act, which prominently prescribes conditions relating to the solemnization of special marriages, recognizes marriage only between a ‘male’ and a ‘female’. Thus, this discriminates against same-sex couples by denying them matrimonial benefits such as adoption, surrogacy, employment, joint bank accounts, and retirement benefits.It appeals to broaden the provision to include same sex marriages on such grounds. However, Only certain provisions of the Act are challenged in the plea and not the entire Act.

Constitutional rights

Another issue raised before the Hon’ble Supreme Court in the plea for marriage equality was based on the challenges on grounds for equal rights and protection granted to each citizen. The appeal was filed via a writ petition under Article 32 of the Constitution of India. The Petitioner’s arguments challenged the exclusion of same-sex couples from the solemnisation of marriage under the Special Marriage Act. This led to the contentionthat the provision of the Act is violative of Articles 14, 15, 19, and 21, which are their fundamental rights. In addition, the Hon’ble SC has previously observed groundbreakingand applied principles in its judgments in various cases/pleas for marriage equality. Some of the critical points of SC's observations are given hereunder.

The Hon’ble SC, in the case of K S Puttuswami vs UOI (2017) 10 SCC 1 (CB), concurred that the rights of LGBTQ+ shall not be considered “so-called” as they are “real rights” based on sound constitutional doctrine. Hence, they fundamentally have the right to life, privacy and dignity under the Constitution that forms the basis of liberty and freedom. 1. In Navtej Singh Johar and Orsvs UOI (2018) 10 SCC 1 (CB), the  Hon’ble SC’s  conferred that the members of the LGBTQ+ community are equally entitled to equal citizenship without discrimination. It further added that the fulfilment ofsexual intimacies must not be subjected to discriminatory behaviour, and the choice of whom to partner with is intrinsic to constitutional protection. 2. The historic decision of decriminalising consensual sexual conduct by reading down Section 377 of IPC  had a vital impact on the lives of same-sex couples. It placed a positive obligation on the state to recognise rights which bring true fulfilment to their relationships.

3. In similar other cases, the Hon’ble SC held that Article 21 guarantees that an adult person has the right to marry a person of their choice.

The decision in Navtej Singh Johar’s case, along with other pleas made before the court, obligated all High Courts across the country to grant protection to such couples on the same footing as they protect inter-caste and inter-faith couples.  Many countries worldwide have legalised same-sex marriage, including the United States, Canada, and several countries of Europe. India has made some progress towards LGBTQ+ rights in recent years, including decriminalizing homosexuality in 2018. However, the Hon’bleSupreme Court's final ruling on recognizing same-sex marriages carries significant weight and importance in imparting marriage equality and will be a landmark moment in Indian legal history. The final judgment on marriage equality is still pending before the the Hon’ble SC on whether homosexual marriages will be recognized in India.

This blog is written and published for informational and awareness purposes only. If your rightshave been infringed and you want to get specific advice about the remedies available to you, connect with a lawyer or legal expert to address your concerns. This blog must not be treated aslegal advice in any scenario.

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Illegal termination  of  Employees by Multi National Companies (MNCs) – Legal Remedies

Employment termination is a complex issue, which requires careful consideration and adherence to legal guidelines. Some companies choose to terminate employees for illegal or unethical reasons. This can lead to severe adverse consequences for the company and emotional and financial losses for the employee. In this blog post, we'll explore some common grounds for the illegal termination of employees by companies as well as the legal protections available against wrongful termination. 

Employment termination is a critical issue that has gained significant attention in recent years, particularly in India. According to a recent study by the Centre for Monitoring Indian Economy (CMIE), India's unemployment rate rose to 7.97% in March 2021, with millions of people losing their jobs due to the COVID-19 pandemic. Despite the legal protections for employees against wrongful termination in place, many Indian companies and MNCs continue to engage in illegal termination practices. Unfortunately, some companies have also taken advantage of the situation by terminating employees illegally without following the proper legal procedures. In some cases, employees have been terminated due to their gender, age, or caste, which violates India's anti-discrimination laws. Moreover, some companies have terminated employees without providing adequate compensation or notice, which is illegal under Indian labour laws. These illegal termination practices have serious consequences for both the employee and the company, including legal action, financial penalties, and damage to the company's reputation. Additionally, it is essential to know when the termination is considered illegal.

A wrongful termination of an employee is an act where an employer terminates/dismisses/removes an employee without providing valid grounds for such conduct. Therefore, in cases where the employer or a company can not furnish valid grounds for an untimely termination of an employee, it is considered an illegal termination. Also, despite any reason, when an employee is not given an opportunity to be heard., it infringes the fundamental legal principle of Audi alterem partem, which means, “listen to the other side.”

Circumstances when firing from a job is an illegal termination:

1. Discrimination: If an employee is terminated due to their race, gender, age, religion, or other protected characteristic, it is a clear violation of anti-discrimination laws. Therefore, it is an illegal and unethical termination.

2. Retaliation: If an employee is terminated in retaliation for reporting harassment, discrimination, or other illegal activity, it is unlawful under whistleblower protection laws.

3. Violation of public policy: If an employee is terminated for exercising their legal rights, such as taking time off for jury duty, voting, or reporting a workplace safety violation, it is illegal termination.

4. Breach of contract: If an employee is terminated in violation of their employment contract, it is illegal under contract law. Usually, the appointment or offer letters include this clause that if an employee resigns, they will have to serve a notice period of 1 or 2 or 3 months, as the case may be. If the notice period is not served, they will have to face a penalty of those months’ salary payable to the employer. The same applies to vice versa as well.

Furthermore, the protection provided by laws in cases of illegal termination of employees is of utmost importance in India. These laws help safeguard employees' rights and ensure that they are not unfairly dismissed from their jobs. They also provide a legal framework for resolving disputes between employers and employees, which promotes a healthy, productive work environment.

Termination of employees in India is governed by various laws and regulations, including the Industrial Disputes Act of 1947, the Shops and Establishments Act of 1961, and the Contract Labour (Regulation and Abolition) Act of 1970. These laws protect employees against wrongful termination, including the requirement for employers to provide adequate notice or compensation to terminated employees. The laws prohibit employers from terminating employees based on gender, age, caste, or religion and provide protections for whistleblowers who report illegal activity in the workplace. Recently, the Indian Government has introduced several amendments to the labour laws to provide greater protection to employees, including the Code on Wages, 2019, which seeks to simplify and standardise wage regulations across all industries. Despite these laws and regulations, there are still instances of illegal termination of employees by Indian companies and MNCsIn the light of these laws, employees in India are provided with the right to seek redressal in the event of wrongful termination, including the right to file a complaint with the labour authorities or take legal action against the employer.

1. Right to compensation

A remedy also exists where a right is granted through a law or contractual relationship. The employer should let the employee serve the notice period. Otherwise, such employees should be compensated with a salary of 15 days or equivalent to a notice period.

2. Right to a severance payment

A severance payment is a payment made by an employer to an employee who has been terminated.It is intended to provide the employee with financial support during the transition period between jobs. The right to severance payment is a right available to employees in India post-termination. It includes payment of salary in lieu of notice, The unpaid salary for days worked, encashment of unused paid leave, payment of gratuity to an employee who has been employed for more than five years as provided for in the Gratuity Act, 1972 and payment of bonus under Payment of Bonus Act of 1965 (if applicable) including compensation as stated above.

However, It's important to note that the right to severance payment is not absolute and may be subject to limitations based on the employment contract or collective bargaining agreement terms.

3. Right to receive a notice for termination of employment.

The right to receive a notice for termination of employment refers to an employee's entitlement to be informed in advance by their employer about the termination of their employment contract. This notice period allows the employee to prepare for the end of their employment, seek new job opportunities, or make necessary arrangements. In addition, he/she also has the right to receive the termination letter specifying the termination date.

4. Right to be heard

In India, the right to be heard in cases of illegal termination of employees is an essential aspect of labour law. It ensures that an employee facing termination has the opportunity to present their case and defend their rights before any decision is made.

5. Right to Sue By Reason Of Illegal or Unlawful Termination

The right to sue by reason of illegal or unlawful termination refers to an employee's right to take legal action against their employer if they believe their termination from employment was done in violation of laws, regulations, or contractual agreements. This right allows employees to seek recourse and hold employers accountable for wrongful termination, such as termination, based on the grounds explained above in this blog.

6. Right to have an enquiry conducted

An employee has the right to inquire in case of improper and unjust termination. The facts and circumstances should be looked upon carefully and properly weighed to find the actual fault on the part of the employee or if he has to be held responsible.

7. Employment rights protecting pregnant women from unlawful termination

The Maternity Benefit Act 1961 provides for maternity leave of up to 26 weeks for women employees. It prohibits a woman's employment termination during or on account of her absence during such leave. The Act also provides other benefits, such as medical leave and nursing breaks, and requires employers to offer pregnant women a safe and healthy work environment. In India, it is illegal for an employer to terminate a woman's employment on the grounds of pregnancy.

In India, employees have civil and criminal remedies available against unlawful termination. These remedies aim to provide legal recourse and appropriate redress for the wrongful act of termination.

Civil remedies include:

1. Filing a Lawsuit: An employee can file a civil lawsuit seeking remedies such as reinstatement to their position, back wages, compensation for financial losses, damages for mental anguish, and other relief as deemed appropriate by the court.

2. Approaching Labor Authorities: Employees can file complaints with labour authorities such as the Labor Commissioner or Labor Court or File a complaint with the labour authorities or the Industrial Tribunal under the Industrial Disputes Act, 1947, depending on the jurisdiction.

3. Seeking Arbitration or Conciliation: If the employment contract includes an arbitration or conciliation clause, the employee can initiate proceedings through these alternative dispute resolution methods.

Criminal Remedies:

In some instances, if the termination involves criminal offences such as fraud, forgery, or harassment, the employee can file a police complaint. The police will investigate the matter and, if appropriate, initiate criminal proceedings against the employer.

It further involves:

1. Filing a criminal complaint against the employer for wrongful termination under Section 406 of the Indian Penal Code (IPC) for criminal breach of trust.

2. Filing a complaint against the employer for cheating under Section 420 of the IPC.

3. Filing a complaint against the employer for defamation under Section 499 of the IPC.

Labour laws in India can be complex, and seeking expert guidance can ensure the proper utilisation of the available remedies to address unlawful termination effectively. Employees must consult with legal professionals or labour law experts to understand the specific remedies available in their situation and jurisdiction. Information given in this blog is for knowledge purposes only and must not be considered a substitution for legal advice in any scenario.

This blog is written and published for informational and awareness purposes only. If yourrightshave been infringed and if you want to get specific advice about the remedies available to you,connect with a lawyer or legal expert to address your concerns. This blog must not be treatedas legal advice in any scenario.

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Acquiring a gun license in India is a complex process that requires individuals to navigate through various steps and requirements. Under the Arms Act of 1959, Indian citizens are allowed to own Non-Prohibited Bore (NPB) guns, and the primary reason for obtaining a gun license is when there is a significant threat to one's life. The process of procuring a gun license in explained below:

1)     Application: Obtain a gun license application form from the district superintendent of police or apply online.

2)     Verification: The police conduct address verification and check past criminal records.

3)     Investigation: The police investigate your behavior and nature by interacting with neighbors and inquiring about any past conflicts or signs of aggression.

4)     Interview: The District Superintendent may interview you to assess any physical or mental disabilities and inquire about the legitimate reason for needing a gun, such as personal protection or defense against wild animals.

5)     Review: The interview report is sent to the crime branch and the national crime record bureau for further review.

6)     Approval: If the authorities are satisfied with the information provided, they grant approval for the gun license.

Required Documentation for obtaining a Gun from the Factory:

1)     A valid license issued in English or Hindi, specifying the date and place of issuance.

2)     A photocopy of the gun license.

3)     Copies of non-objection certificates from both the factory owner and the police authorities.

4)     A transport license from the factory location.

Waiting time to Procure a Gun

The average waiting time to obtain a gun in India is approximately two months, and in some cases, it may take up to three months, depending on the manufacturing system of the factory.

Renewal/ Selling of Procured Gun

When applying for renewal, the applicant is required to present the weapon along with the gun license and all the previously attested documents obtained during the initial license application process.

Selling a licensed gun requires submitting an application with the original gun license copy and informing the arms branch about the intention to sell.

Cancellation of Gun License

A gun license can be canceled if an applicant conceals or fails to disclose necessary information, and it can also be suspended for a specified period if there are violations of the law or public safety concerns. 

We have tried to explain the process in this article; however, if you have any further questions, please contact us at +91 9810929455 or via email at info@soolegal.com.

In India, renting a property is a common practice, whether it's for residential or commercial purposes. However, to ensure a smooth and legally binding arrangement between landlords and tenants, it is essential to understand the concepts of rent agreements, leases, licenses and how to negotiate them. This article aims to provide a comprehensive guide to these aspects. 

What are Rent/Lease Agreements?

Rent/Lease Agreements: A rent/Lease agreement is a legal document that outlines the terms and conditions of the rental arrangement between a landlord and a tenant. It serves as proof of the agreed-upon terms and helps prevent disputes. Lease has been defined in Section 105 of the Transfer of Property Act, 1882 which states, “A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms”.

Some essential aspects of a lease include:

a. Duration: A lease agreement specifies a fixed term, often 11 months or more, during which the tenant is entitled to occupy the property.

b. Renewal and termination: The terms for renewal or termination of the lease should be clearly stated, along with any penalties or notice periods involved.

c. Rent escalation: Lease agreements often mention provisions for rent escalation, specifying the percentage increase in rent after a certain period.

d. Subletting: The agreement should clarify whether subletting the property is allowed or not.

e. Maintenance responsibilities: The lease agreement should outline the maintenance responsibilities of both parties.

f. Names and Addresses of both parties i.e. Lessor/Landlord and Lessee/Tenant.

It is always advised that prior to executing a tenancy, a properly drafted rent/lease agreement by a legal professional must be agreed upon by both the parties in order to prevent clarity on the tenancy terms and avoiding future disputes.

What are Licenses?

Licenses: A license refers to a permission or authority granted by one person (licensor) to another person (licensee) to do something on the licensor's property that would otherwise be considered a trespass. It is important to note that a license does not create any interest in the property but only provides a personal right to use or access it. Section 52 of the Indian Easements Act, 1882 states, "Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the grantor's immovable property, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license."

Key Features of a License:

Revocable: A license is generally revocable at the will of the licensor unless it is coupled with a grant or supported by a contract. This means that the licensor can withdraw or revoke the license at any time without providing any specific reason.

Personal Right: A license does not confer any ownership or possessory rights on the licensee. It is merely a personal right granted by the licensor, allowing the licensee to use or access the property in a specified manner.

Limited Scope: A license is usually granted for a specific purpose or activity and is limited in its scope. The licensee cannot exceed the terms of the license or use the property for purposes beyond what has been authorized.

Non-transferable: In most cases, a license is non-transferable, which means that the licensee cannot assign or transfer the license to another person without the licensor's consent. 

Want to know the difference between lease/Rent Agreements and Leave & License Agreements? Click this link to know more.

Negotiating a Rent/Lease

Rent or a lease agreement are vital documents when it comes to tenancy and must be carefully negotiated, drafted and executed as they become the sole basis in case of any dispute that may arise in the future. When negotiating rent or lease terms, start by researching the rental market to understand average rates. Determine your specific needs and make a reasonable initial offer, highlighting your qualifications as a reliable tenant. Point out any property features or issues that could be used as leverage. Consider negotiating additional terms such as lease duration, renewal options, and maintenance responsibilities. Be flexible and open to compromise, exploring alternatives if the landlord is unwilling to adjust the rent. Seeking professional legal assistance is needed to navigate the negotiation process effectively.

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In India, the timely payment of salaries is a fundamental right of every employee. However, there are instances where employers fail to meet their obligations and employees are left unpaid. In such situations, it is crucial for employees to be aware of their legal rights and the steps they can take to address the issue.

The timely payment of salaries can be indirectly linked to the fundamental right to life and personal liberty under Article 21 of the Indian Constitution. Article 21 states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law."

The Hon’ble Supreme Court of India has interpreted the scope of Article 21 expansively to include various aspects that are essential for the well-being and dignity of individuals. This includes the right to livelihood and fair wages, which can be seen as integral to a person's right to life. Therefore, the timely payment of salaries can be considered a fundamental right under Article 21, as delayed or non-payment of wages can adversely impact an employee's livelihood and well-being.

It is important to note that while the timely payment of salaries can be connected to the fundamental right under Article 21; there are specific laws in India, such as the Payment of Wages Act, 1936 that provide more direct provisions for ensuring timely payment of wages to employees. These laws establish the rights and obligations of employers and employees regarding wage payments, including the timeframes within which wages should be paid.

Following are steps that employees can pursue when their employer does not pay their salary in India.

1.     Communicate with the Employer:

The first step is to communicate with your employer about the non-payment of your salary. Maintain a written record of all communication, including emails, letters, or any other evidence that demonstrates your attempts to resolve the matter amicably. Request a meeting with your employer to discuss the issue and seek clarification on the reasons behind the non-payment.

2.     Consult a Lawyer:

If the initial communication with the employer fails to produce the intended result, it is vital to consult a lawyer for the matter. That is a vital step in knowing your remedies available to you under the law and also you will be appraised about how to pursue those remedies.

3.     Issue a Legal Notice:

After consulting a lawyer having relevant knowledge of the subject-matter, it is advisable to send a legal notice. A legal notice is a formal communication that puts the employer on notice about their failure to pay your salary. It serves as a final opportunity for the employer to rectify the situation before further legal action is initiated. The notice should clearly state the outstanding salary amount, the period for which it is due, and the consequences if the employer fails to comply.

4.     Approach the Labor Department:

If the employer still does not address the non-payment issue after receiving the legal notice, you can file a complaint with the labor department or the appropriate authority in your state. The labor department is responsible for enforcing labor laws and protecting the rights of employees. Provide them with all relevant documents, such as employment contracts, salary slips, and copies of the legal notice, to support your case.

5.     File a Case in the Concerned Court:

If the matter remains unresolved, you can file a case in the labor court. Consult an employment lawyer to guide you through the legal process. The lawyer will assist in preparing the necessary documentation, including a statement of claim detailing the facts and circumstances, supporting evidence, and relevant laws. Attend the court hearings and present your case effectively to seek a favorable judgment.

6.     Recovery of Dues:

In case the labor court rules in your favor, it may order the employer to pay your outstanding salary along with any other dues, such as interest or compensation. If the employer still refuses to comply with the court order, you can seek enforcement by requesting the court to initiate recovery proceedings, which may include seizing the employer's assets or bank accounts to recover the dues owed to you.

7.     Consult Additional Legal Remedies:

If the employer continues to disregard the court's order, you can explore further legal remedies. This may include filing a criminal complaint under relevant provisions of the Indian Penal Code, such as cheating, breach of trust, or criminal misappropriation. Consult with your lawyer to determine the appropriate course of action based on the circumstances.

Conclusion:

Non-payment of salary is a serious violation of an employee's rights, and it is crucial to take appropriate legal steps to address the issue. By following the outlined steps, including effective communication, legal notices, approaching the labor department, and filing a case in the labor court, employees can seek redressal for unpaid salaries. It is essential to consult an experienced employment lawyer to navigate the legal process effectively and ensure the protection of your rights as an employee.

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Private employees' rights in India are protected by several kinds of labour laws that aim to ensure fair treatment and provide basic benefits. Below are 8 important rights of private employees under Indian labour laws:

a)     Right to Minimum Wages

The Minimum Wages Act, 1948, guarantees that every private employee in India receives a minimum wage. The minimum wage varies from state to state and is determined by the state government. Employers must pay their employees at least the minimum wage, and failure to do so can result in legal action.

b)     Right to Overtime Pay

Private employees who work beyond their regular work hours are entitled to overtime pay. The Factories Act, 1948, and the Shops and Establishments Act of each state regulate the payment of overtime. Private employees who work more than nine hours a day or for more than 48 hours a week are eligible for overtime pay, usually at a rate of twice his/her’s ordinary rate of wages.

c)     Right to Safe Working Conditions

The Factories Act, 1948, and the Shops and Establishments Act of each state require employers to provide private employees with a safe working environment. Employers must ensure that the workplace is free from hazards that may cause injury or harm to employees. Employers must also provide protective gear and equipment to employees who work in hazardous conditions.

d)     Right to Leave and Holidays

Private employees are entitled to several types of leaves, including annual leave, sick leave, and maternity leave. The entitlement to leave and holidays is governed by the Shops and Establishments Act of each state. Private employees are entitled to at least 12 days of paid leave each year, and they can also take additional leave for sickness or maternity reasons.

e)     Right to Gratuity

The Payment of Gratuity Act, 1972, regulates the payment of gratuity to private employees in India. Employees who have worked for their employer for at least five years are eligible for gratuity, which is a retirement benefit.

f)      Right to Provident Fund

The Employees' Provident Funds and Miscellaneous Provisions Act, 1952, mandates that private employers provide their employees with a Provident Fund scheme. Employers must contribute a certain percentage of their employees' salaries to the Provident Fund, and employees can also contribute a portion of their salary to the scheme. The Provident Fund is a retirement benefit that employees can withdraw when they retire or in the event of certain emergencies.

g)     Right to Medical Benefits

The Employees' State Insurance Act, 1948, requires private employers to provide their employees with medical benefits. The Act provides for a social security scheme that covers medical benefits, disability benefits, and maternity benefits for private employees. Employers must contribute a certain percentage of their employees' salaries to the scheme, and employees are also required to contribute a portion of their salary to the scheme.

h)     Right to Equal Treatment

Private employees in India are entitled to equal treatment and protection under the law, regardless of their gender, race, caste, religion, or any other characteristic. The Constitution of India guarantees equal treatment and protection to all citizens, and various labour laws that govern private employment also prohibit discrimination based on any characteristic.

Thus, Indian labour laws provide private employees with several important rights and benefits. These rights and benefits ensure that private employees are treated fairly and have access to basic benefits such as minimum wages, overtime pay, safe working conditions, leave and holidays, gratuity, Provident Fund, medical benefits, and equal treatment. It is essential for employers to abide by these laws and protect their employees' rights and interests.

FAQ'S ON RIGHTS OF PRIVATE EMPLOYEES UNDER THE INDIAN LABOUR LAWS

1.      What is the minimum wage in India for private employees?

The minimum wage for private employees in India varies from state to state and is determined by the state government. It is usually based on factors such as the cost of living in the state, the type of work performed, and the skills required. Private employers must pay their employees at least the minimum wage, and failure to do so can result in legal action.

2.      Are private employees entitled to overtime pay?

Yes, private employees who work beyond their regular work hours are entitled to overtime pay. The Factories Act, 1948, and the Shops and Establishments Act of each state regulate the payment of overtime. Private employees who work more than nine hours a day or for more than 48 hours a week are eligible for overtime pay, usually at a rate of twice his/her’s ordinary rate of wages.

3.     What types of leaves are private employees entitled to?

Private employees in India are entitled to several types of leaves, including annual leave, sick leave, and maternity leave. The entitlement to leave and holidays is governed by the Shops and Establishments Act of each state. Private employees are entitled to at least 12 days of paid leave each year, and they can also take additional leave for sickness or maternity reasons.

4.      What is gratuity, and who is eligible for it?

Gratuity is a retirement benefit that is paid to employees who have worked for their employer for at least five years. The Payment of Gratuity Act, 1972, regulates the payment of gratuity to private employees in India. The amount of gratuity an employee is entitled to receive is based on their last drawn salary and the number of years they have worked for their employer.

5.      What is the Provident Fund, and who is eligible for it?

The Provident Fund is a retirement benefit that is mandated by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Private employers in India must provide their employees with a Provident Fund scheme, and both employers and employees must contribute to the scheme. The Provident Fund is a retirement benefit that employees can withdraw when they retire or in the event of certain emergencies.

6.      What types of medical benefits are private employees entitled to?

The Employees' State Insurance Act, 1948, requires private employers to provide their employees with medical benefits. The Act provides for a social security scheme that covers medical benefits, disability benefits, and maternity benefits for private employees. Employers must contribute a certain percentage of their employees' salaries to the scheme, and employees are also required to contribute a portion of their salary to the scheme.

7.      Can private employees file complaints against their employer for violation of their rights?

Yes, private employees in India can file complaints against their employer for violation of their rights. The complaints can be filed with the Labour Commissioner or the appropriate labour court, depending on the nature of the complaint. Private employees are protected by various labour laws in India, and employers who violate these laws can face legal action. 

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