Tuesday, 28 January 2020

4 Laws India Should Take into Consideration

India, in the recent past, has come a long way in terms of the evolution of laws. The rape laws, laws against acid attack, anti-terror laws, environmental laws etc. have evolved a lot over the years. The law universities in India and law colleges teach all about our constitution, the rights of the citizens, and everything about the law. India has come a long way if we consider this evolution, but still, there are several laws from around the world which we should consider including in our constitution. Here are a few of them which can help make India better with regard to providing justice.

1. Legalize Same-Sex Marriage

2018 was a landmark year for the LGBTQ community in India as the Supreme Court scrapped Section 377, decriminalizing homosexuality. But it is not to be confused with the fact that same-sex marriages are still illegal in India as of now. Many countries like the Netherlands, England, US, Canada, Sweden etc. have recognized same-sex marriages which is a big step ahead for the respective countries in favour of the LGBTQ community. But since same-sex marriage is not legal here, people still face vast discrimination.

2. Reform of Labour Laws

Labour, in India, is somewhere exploited. There is a need to reform labour laws and bring a certain order and system, that should be appropriately implemented throughout the corporate sector and otherwise as well if need be. In France, no one works for more than 35 hours a week which gives them ample time for themselves and time to spend with family. In fact, any employee is not obligated to answer work calls or reply to emails after 6 pm there. India too, should adopt a similar framework of this law.

3. No Criminals for Politicians

Well, this one is a little tough to implement, since almost all the politicians have criminal records in our country. But taking inspiration from Singapore, we too must consider outing politicians from parliamentary candidacy and withdrawing their power if they have a serious criminal history. This kind of strictness can bring a positive change in Indian politics.

4. Criminalize Marital Rape

As mentioned above, India has evolved laws for rape and is working towards bringing more stringent laws for the same. However, marital or spousal rape is still a decriminalized act in India. Unlike Sweden, India is among the 36 countries who are yet to recognize marital rape as a criminal offence.

These laws, if taken into account, can make India a lot better country than it already is. And if, you want to be one of the lawyers in power who can bring this change, then enrol yourself in the best law universities in India and make it happen!

Tuesday, 21 January 2020

5 Basic Laws Every Indian Must Know

The Indian Constitution is the longest-written constitution and is also known to be one of the finest and balanced, with equal power distributed between Parliament and Supreme Court. But its length also makes it quite complicated to understand and comprehend, which if you are interested in law, you can learn in several law colleges in India. Not the full constitution, but as citizens, there are some basic empowering laws that we must know about.

1. According to Section 185 of the Motor Vehicles Act, 1988, a police officer can arrest anyone driving under the influence of alcohol if he finds 100 ml or more of alcohol in the driver’s blood. In fact, if a person driving refuses to take a Breathalyzer test and the police suspect him/her of being drunk, then they can even legally arrest them without a warrant.

2. Bill Rights Act, Section 23 states that every arrestee has the right to know why or what are they being arrested for. One can ask the reason for which he or she is being detained, and the police must answer.

3. Most people know that to arrest a female offender, a woman constable or officer is mandatory, as men can’t detain women offenders. But you know that they can only be arrested between 6 AM to 6 PM. Section 51 of The Code of Criminal Procedure, 1973 clearly mentions that if male officers fee    l the need to escort a woman to the police station in case a serious crime is committed, then they would need a written document with magistrate’s signature on it.

4. This may come as a surprise, but if Domestic LPG Consumers face any damage to property or any loss of life because of cylinder explosions, they are entitled to Rs. 40-50 Lakh compensation from the gas agency. One can claim this by sending a copy of the FIR, filed in the nearest police station, to the concerned gas company.

5. As per Automotive (Amendment) Bill, 2016, if a rider has been fined for something once, they can be excused for the same till midnight. Meaning, if you have been fined once for not wearing a helmet while riding your bike, you can present your challan receipt if you’re stopped for the same reason again on the same day to avoid paying challan twice. But it is better not to misuse this law.

These are just a few of the basic rights that can come in handy if need be. But there are several more which lawyers know and work their way around. If you want to know more about laws and rights, pursue law as a career then you must take up a professional degree course from the best law universities in India spread in different states of the country.