Decriminalization of Section 377: Reality or Facade?

On September 6, 2018, a historic judgment was made by the Supreme Court of India which decriminalized Section 377 of Indian Penal Code. Supreme Court ruled that consensual adult gay sex is not a crime. The verdict included the members of the LGBTQ (Lesbian, Gay, Bisexual, Transgender Queer) community. The LGBTQ community has always been considered as a taboo in the society. The verdict originated a sense of inclusiveness among those members.

Before this verdict, the vast majority of the LGBTQ Indians remained to live double lives, putting on a false front to be heterosexual because of the immense fear of confronting prejudice or impairment and discrimination.

Decriminalization of the severe and mouldy section 377 of Indian Penal Code has marked an end of an era where this brutal law will no longer be able to violate human rights of a certain kind and to foster and facilitate an atmosphere in which millions of people have faced discrimination because of their sexual orientation or gender identity.

Section 377 reads: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Section 377 is a toxic part of the British legacy which was introduced when India was under the British regime. It imitated a 16th-century law, called the Buggery Act.

The case regarding Section 377 was raised in 2001 when a non-governmental organization called the Naaz Foundation and AIDS Bedhbhav Virodh Andolan approached the Delhi High Court instituting the original lawsuit to decriminalize homosexuality. Following which a widely-documented hearing (including contradictory stands) continued. On July 2, 2009, a landmark judgment was made by Delhi High Court which held that section 377 has violated Article 21 of the Indian Constitution.

Again, on December 11, 2013, a two-judge bench of the Supreme Court overturned the HC's 2009 decision and re-criminalized millions of Read More 

Importance of Contracts In Business

A contract is a formal document, accepted by both parties, employer and employee, and is the base for any flourishing business. Contracts provide better visibility to meet the duties and, achieve the objectives as agreed per the agreement. It serves as a great support for building a good rapport with the customer or the desired party.

Concerning this, Contract management is a strategy adapted to manage contracts legally signed with customers, partners, or employees. Contract management includes adjusting the terms and conditions in contracts and, ensuring adherence to the rules as per contract. Contracts guarantee a standard business procedure, by giving clarity of your requirements. It helps to achieve the desired goals easily and, serves as proof in case the expectations of one party is not fulfilled. It is viewed as breaching of the contract and, the person has to bear the loss for the service.

It is important to get your contract drafted and approved by a lawyer legally. A contract becomes inevitable due to the following reasons.

Proof of Details

The prime purpose of creating a contract is related to the recording of details, which both parties have agreed with mutual consent. It provides a precise knowledge of the services provided by the third party or monetary expectations to be met by the person. These details will serve as Read More 

Prevention Of Sexual Harassment Of Women At Work - Role Of CSR

In today's society, sexual harassment has unavoidably become a pressing social issue in the workplace. The recent #metoo movement has created a pressure that has forced many corporate companies to take dutiful action in this regard. The POSH Act was introduced to help employees learn how to anticipate, manage, and inform such cases of harassment. Every company aims to provide a secure working place for women, and this is well achieved by complying with the POSH policy.

Sexual Harassment

Any conduct relating to physical, vocal, emotional that harms the other person is regarded as harassment, and not encouraged in the POSH policy. In such a case, strict action is taken on the person who has committed the abuse.

Different kind of sexual disturbances includes sexual favours demanded as a threat to promotion or employment of a person, sharing exposed images, sending underrated jokes, molestation, interference with the personal lives of women, abuses related to the appearance of a person.

Internal Complaint Committee (ICC)

It is advised to form a committee in every organisation to discuss these harassment issues. The panel must comprise of four members out of which two must compulsorily be women, and must be approachable. All the complaints must be duly recorded, and appropriate action is required to be taken after a Read More 

Employment And Labour Laws For Women

In the current era, women have grown equal to men and gone are those days when women were limited within four walls. Women empowerment is increasing nowadays. Women are now contributing as the major workforce in India, and it is imperative to safeguard women at the workplace. Working women are increasing in the agriculture segment, being 90 million out of 409 million workforces, which constitutes 87% as workers and cultivators.

The main reason behind preferring males over female workers is costing, which culminates from paying female workers higher than males. The wage difference is a common problem encountered by women in this demanding market.

To overcome these differences in terms of gender, and to provide more protection to women, companies have enforced several laws to make them feel encouraged. Women need to be aware of these laws to protect them in their job.

The Minimum Wage Act

The government has imposed this act, which fixes a minimum amount of money to be paid to the worker. The wages have to be paid according to the type of job irrespective of the gender. This can vary from state to state and it is decided by the government of India.

In cities, on an average wage paid to females is only 75% of that given to males, while in rural areas females are paid 58% of Read More 

Indian Startup Ecosystem And The New Protection Law

Somebody informs you concerning another contemplation application. You rapidly download it, tolerating the terms and conditions without a subsequent look. Same goes for the new hyperlocal staple application around the local area. Furthermore, the most recent internet business website for high-quality items. 

Be that as it may, what befalls every one of that information that you so promptly share on your applications and systems? Frequently, it winds up in the hands of outsiders and organizations that utilization it to break down your online propensities. 

A year ago, a Bengaluru-based startup was working with an outsider to crunch information assembled through GPS. Shockingly, that outsider offered the information to a Chinese organization, which started running advertisements in India dependent on this very information. The startup stayed neglectful until it got an email from a Pakistani promotion advertising organization, requesting that Read More 

Incorporation: What you need to know

Along with certain risks, there come many advantages with incorporating a company, business, trade or commerce. The structured procedure of incorporation results in creating a legal entity that is referred to as ‘corporation’. Incorporation allows a company to become a legal person in the eyes of law and separates it from its incorporators from the date of incorporation. Additionally, incorporation provides the corporation for personal assets protection, tax benefits. opportunities for raising capital and much more.

Incorporation, in literal terms, means formation. Incorporation of a company refers to a legal process for forming a corporate and separate legal entity. The formed corporations are then, identified with terms like “Inc” or “Ltd”. From the date of the incorporation mentioned in the certificate of incorporation, the corporation is formed as a body corporate by the name provided in its Memorandum of Association and is capable of exercising all its Read More 

Trademark And Types

Trademarks are of different sorts; item checks, administration marks, aggregate imprints, accreditation marks, shape marks, and so on. The motivation behind the logo is the equivalent, regardless of its sort. It enables the purchasers to recognize the wellspring of the item/administration and guarantees the nature of the item or administration. The fundamental motivation behind every one of these trademarks is to enable clients to distinguish inception and quality of the hidden objects or administrations.

Product Mark

Item mark is an imprint that is utilized on a decent or an item as opposed to the administration. This sort of trademark is used to perceive the root of the issue, aides in keeping up the notoriety of the business. Trademark applications recorded under trademark class 1-34 could be named as an item mark, as they speak to products.

Service Mark

Administration imprint is like the item mark, yet an administration imprint is utilized to speak to an administration instead of an item. The primary motivation behind the administration imprint is Read More