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Showing posts with the label India

Dharma in 2020 : uniform civil code, CPC, CrPC,

( In picture, you see progress in digitisation of court hearings and filings - an urgent need in covid times. ) A civil suit related to property matters can take anywhere between 46 years to 100 years from subordinate courts to Supreme Courts.  The fault lies in lofty procedures of civil and criminal procedure codes.  - archaic forms of serving summons, sign of judge mandatory on summons - adjournments on notice, summons, etc. - sign of judge mandatory in supplying copy of documents, orders etc for copying section. - execution etc. Suggestions :- A) Copying section - officer / clerk of copying section should be the competent authority to supply certified copies and the same should he done mandatorily within 2 working days.  B) Procedure of serving summons/ notice - should be simultaneous instead of consecutive. Electronic summons - email whatsapp courier proclamation publication should be allowed to be done on first hearing itself. There should not be adjournm...

Pregnant and fired from your job, citing COVID 19 ?

Pregnant and fired from your job, citing COVID 19 ?   Many employers are firing pregnant women to avoid giving them mandatory maternity benefits as per the Maternity Benefit Act, 2017. Most of them are hiding behind the garb of the clause Force Majeure in times of COVID 19 Pandemic.   This is illegal.   If you have been fired from your job because you were pregnant you can take legal recourse. An employer cannot fire a pregnant employee who has worked in the organisation for upto 80 days in 12 months immediately preceding her date of delivery. Force majeure is a contractual defence. Maternity Benefit Act, 2017 is a welfare legislation and thus higher in precedence to Contract law. Therefore, it is the statutory obligation of all employers to comply with the provisions of the maternity benefit act, 2017. The act extends benefits to mother’s who are working from home, adoptive mothers, surrogate mothers, biological mothers. This is a prevailing problem across organisations,...

Revolt of 2017

It's an old saying the crown bears the thorns. It has been a poignant start to this year. The distinguished judges of Supreme Court have the responsibility to maintain the integrity and discipline of the institution. Any dissent must be addressed within the system. A revolt of sorts is rather revolting to my conscience. To young lawyers like me the institution is a temple of justice and the judges are their Lordships. But can the Cesar's wife  be above suspicion? Alot happens behind the corridors of justice and power. Rumors like smoke find their way out from the screen. The veil must be pierced. The truth will prevail. It must triumph. Politics of caste - region- religious- language must be stopped. My heart is saddened to see the credibility of institution been shaken. But if those in power who have responsibility to impart justice and preserve the integrity of the institution deem fit that the veil must be pierced then may be this is what our country needed. Perhaps the ...