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Laws relating to Women

Some provisions of the Sexual Harassment at Workplace Act, 2013

 Introduction A workplace is a place in which a person spends more than half of his/her entire day. If a woman does not feel safe at her workplace, then it becomes the responsibility of the employer to make sure that the female employees should feel safe. Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides the various provisions so that the act of sexual harassment can be prevented and prohibited in the workplaces and if such act is committed then what will be the procedure of the redressal. False and Malicious Complaint It gives the liberty to the women...

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Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Introduction The root of sexual harassment goes deep down into the patriarchy of our society. According to this perception, it can be seen that men are superior to women and some forms of sexual violence against women is acceptable. One of these forms is workplace sexual harassment. It is one of the gross violations of women’s right to equality and dignity. Men often believe it to be as ‘harmless flirting’ or ‘natural’ male behavior but when seen from the other side of the coin, one cannot expect what imprints it leaves on a women’s heart. The acts of sexual harassment...

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DUTIES OF EMPLOYER UNDER PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT, 2013

Introduction Those days are gone where men were the sole bread earners of the family. With the changing scenarios, the women have started to work and be self-independent. The increase of women in the workforce has lead to an increase in sexual harassment. It has been more than the four years since the implementation of Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH] and even today we see the instances of sexual harassment at workplace. An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of...

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Maternity Benefit

Introduction The maternity period is the most important period of any girl’s life. Extra care is supposed to be taken while the woman is in maternity period. Every woman who is working needs extra time for herself and her baby in maternity period. Therefore Maternity Benefit Act, 1961 came within the objective to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. Application of the Act Section 2 of the Act tells us that in what institutions this Act will apply. The establishments include: A factory,...

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Gurupad Khandappa Magdum vs. Hirabai Khandappa Magdum

The Scope of Freedom of the Press in India

JUDICIAL INTERPRETATION OF SECTION 6 OF 1956 ACT In the case titled as Gurupad Khandappa Magdum vs. Hirabai Khandappa Magdum  , Justice Y.V. Chandrachud held that the shares they allotted which to the members of the joint family upon the notional partition will get vested in them. The main purpose of this was to create gender proprietary rights among the women in her family. As she could not claim partition by herself in the joint Hindu family but if the shares are in the male coparcener also therefore, a logical question rises whether a notional partition would result into actual partition in the joint Hindu family. It answered...

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WOMAN’S ESTATE AND HINDU WIDOW’S REMARRIAGE ACT, 1856

Section 2 of the 1856 Act provides that the rights and interests in certain properties which a widow gets from her husband as limited estate, shall cease upon her remarriage and shall devolve as if she had died. Does this property also become her absolute property? And if so, will her remarriage afterwards leads to its forfeiture? It has been held that her estate becomes her full estate by virtue of S. 14 of the 1956 Act. If there is any inconsistency between the two enactments then 1956 Act will have overriding effect as per S. 4 of that Act which leads to the irresistible conclusion...

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PROPERTY RIGHTS OF HINDU WOMEN AFTER ENACTMENT OF HINDU SUCCESSION ACT, 1956

Happily the modern Hindu law of succession is much simpler law than the old Hindu law. The Hindu Succession Act, 1956 lays down uniform law of succession for all the Hindus and applies inter alia to persons governed by Mitakshara and Dayabhaga Schools. Old Hindu law and customary law of succession stand hereby repealed. The Hindu succession Act preserves the dual mode of devolution of property under the Mitakshara school. The joint family property still devolves by survivorship with this important exception that if a Mitakshara coparcener dies leaving behind the mother, widow, daughter, daughter’s daughter, son’s daughter, son’s daughter, son’s widow, son’s son’s widow or daughter’s son, his...

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Stridhan

The literal meaning of the term “Stridhana” refers to the property which is owned by the stri i.e. the female. However, under Hindu law this term in its literal sense. It meant only that property of Hindu women which had these two properties: (i) It could be disposed of by the female owner according to her intents and purposes; (ii) It descended upon her own heirs on her death. In this way, this was the property over which the Hindu woman had full ownership. The Smritis have described certain properties as Stridhana. The Mitakshara and the Dayabhaga Schools differ in this respect that can be...

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THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ORDINANCE, 2018

Introduction Marriage is an important aspect of life because it is a decision of an entire life. A Muslim marriage has always been a concern for the society because of their rules as per their personal laws. According to their personal laws, it is legal for a Muslim man to keep four wives irrespective of the fact that there has been no death, divorce occurrence or any other legal separation from the already existed marriages. Another factor is also of a major issue. A Muslim man can divorce his wife by pronouncing the word ‘talaq’ thrice. This is popularly known as a...

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TRIPLE TALAQ

  INTRODUCTION Marriage is one of the sacred bonds between a man and woman. Marriage is not a relationship between two individuals; rather it is a bond between the families of the two individuals. Since, in the present scenario, people are busier in their professional lives than that of their personal ones. This is one reason giving rise to the issues of divorce. India is one of the secular and democratic countries in the world. Indian Constitution provides its citizens with six basic fundamental rights and other privileges. Every person has a right to live their lives in the way they want. No one...

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