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In the Age of Social Media, Human Rights Revisited

Avik Chakravorty

As one of the world’s new and emerging economies, India’s Dalits are manual scavengers rummaging through and cleaning the dry toilets of other people who are high caste and carting their human waste. The menfolk usually clean the sewer and the septic tanks while the womenfolk would be carting piles of excreta in cane baskets to get rid of them. According to estimates hundreds of sewer workers risk their lives to the point that hundreds of workers die every year as they inhale toxic gases.   The internet in stark contrast is often believed to be a virtual space without any hierarchy but with unlimited scope and opportunities where the age-old caste system, race, and gender are non-existent. If it was to be assumed and also how the production, maintenance and ‘optimization’ of new media technologies exploring how some populations thrive and survive the fantasy of an internet devoid of humans are more often than not built on the premise that the bodies and the labor are Read More

Adopting a Child in India

Avik Chakravorty

Adoptions were dissolved in recent times at an alarming rate over a period of few years which resulted in an outcry. Experts and observers working in adoption reminisce that a few years ago there were a handful of dissolution cases. What dissolution of adoption essentially means is that after going through a long drawn process of approximately two years for adopting a child, parents make a decision of giving up the child upon receipt of a court decree finalizing and sealing the child’s adoption into the family.  It's worrying because of many reasons. The plight of a child who has gone through a roller coaster journey of being relinquished by biological parents can be well imagined. The child may have been in an institution, a family may have accepted the child but then rejected and sent the child back to the institution. A child who has to undergo such trials and tribulations and turmoil has to bear the lifelong scar, not to mention the fact that the child’s safety, Read More

Children’s Entitlement in Father’s Property

Avik Chakravorty

Introduction ? As coparceners sons and daughters have numerous birthrights as well as the right to survivorship in the ancestral property. Owing to the Right to Survivorship if a coparcener passes away the property is partitioned amongst the other surviving coparceners. The coparceners jointly own the property and if any of the coparceners want that the property is partitioned their claim is validated once a partition suit is filed. Separate property can be acquired by a coparcener and simultaneously they have the right of alienation of his/her share in the ancestral property as well as self-acquired property to a third-party. Father’s gifting of property to his son won’t be regarded as ancestral property rather it would be viewed as gifting of self-acquired property. The son, in turn, may alienate his share to a third-party.  Can a father gift a property to his son?  In one of the landmark Supreme Court cases, it was upheld that the Read More

Domestic Violence and Abuse

Avik Chakravorty

Are domestic violence and abuse one and the same?  Contrary to popular belief domestic abuse and violence aren’t one and the same. Any attempts by a person intimately involved in a marital relationship or any other type of intimate bonding at overpowering the other are known as domestic abuse. Both the purposes of domestic violence and abuse are the same and that is gaining and maintaining complete control over one’s partner. Playing fair is unheard of by an abuser. An abuser would rather resort to instilling feelings of guilt, shame, and intimidation, in particular, to dislodge one’s partner and do whatever it takes to ensure that the partner feels subjugated.    Both domestic violence and abuse may occur to anyone indiscriminately. Abuse occurs as much in heterosexual relationships as it does in same-sex marriages regardless of age group, ethnicity, and economic background. While women are more often than not victimized, men too are Read More

Advice on Divorce

Avik Chakravorty

Advice for Women who get Divorced  Being a woman, emotions run high. Emotions have to be put aside though when dealing with divorce and one has to think logically one step at a time about what may be the cost from a financial, social and legal perspective.    Get Acquainted – Most women, in India, in particular, view marriages as long-lasting. If one were to believe this, then it’s also true that husbands take care of or get involved in financial matters rather than the wife. In fact, wives are much relieved that their husbands are looking after financial matters. In other words, husbands are entrusted with financial matters. This financial dependence of wives on their husbands leads to financial insecurity when women get divorced. Therefore what wives need to do is get their facts in regards to finances right including income of one’s husband, tax-payments, loan installments, fixed deposits, credit balance and disposition, bank accounts Read More

New Rules in Divorce Laws

Avik Chakravorty

Any divorce law in India aims at exploring the probability of settling marital disputes and whether couples can cohabit. Nonetheless, if there isn’t any possibility under any circumstances whatsoever of couples reworking or saving their marriage then in that case granting divorce resulting in the formal dissolution of the marriage is the logical conclusion to a marriage that has irretrievably fallen apart. In this context, divorce laws are frequently upgraded and amended resulting in a much easier divorce process. The newer laws on divorce in India are  SC says 6- month cooling period is optional   Hindu couples pursuing divorce have had significant respite from the ruling of the Apex Court which states that the waiting period of 6-month as recommended under Section- 13B (2) is discretionary thereby heralding lower courts to hasten divorce if both spouses are consenting to settle their differences including alimony, custody of child or any other pending Read More

The Laws in India against Domestic Violence

Avik Chakravorty

The prevalence of domestic violence is a scourge and an evil thing in our society. It is about time that we ensure that the issue is addressed squarely and that we are equipped in dealing with it.  In India, domestic violence and dowry deaths complement each other. The vast majority of domestic violence cases result in or lead to dowry deaths and therefore prevalent.  There may be relatives or friends who during their lifetime have had to deal with domestic violence or have been perpetrators. Nonetheless, domestic violence is often ignored or overlooked without taking any action as the victims are clueless as to who they ought to turn to for lodging their grievances.    The three laws in effect in India that deal with domestic violence issues directly are: ·       The Protection of Women from Domestic Violence Act, 2005 ·       The Dowry Prohibition Act, 1961 and Read More

What are the Human Rights Laws in India

Avik Chakravorty

Rights and Fundamental Rights  Its oft-heard that both radicals and the layman alike are dueling for their human rights. The question though is what rights are we talking about here and did we get these rights from anyone? Fundamentally, why is it that people have to be on a tussle all the time for their human rights? Read on to find answers to these burning questions.   Introduction to Human Rights and Fundamental Rights  The Indian Constitution has entire sections on The Rights and Fundamental Rights that guarantee people that their rights would be protected. These Fundamental Rights are regarded as the basic human rights of Indian citizens, notwithstanding their gender, caste, religion, creed, so on and so forth. These sections are the vital elements of the constitution which were developed between 1947 and 1949 by the Indian Constitution. The six fundamental rights in India are Right to Equality, Right to Read More

Stages of Adoption in India

Avik Chakravorty

For childless couples adopting a child is often a dream that they may have nurtured throughout their lives and indeed when they actually adopt a child, it’s a dream-come-true for them. For such couples adopting a lonely child is a good thing. Even couples with kids seek to adopt intending to provide financial support to lonely and hapless kids so that they are able to live happily ever after. One is not disqualified from adopting a child for being single Even being single is not an impediment to adoption and one big happy family. Regardless of whether a couple is childless or has children of their own the process of adopting a newborn remains pretty much unaltered in India.   Adopting a Baby in India  If one is planning on adopting a child then it's crucial that one is conversant and indeed updated in regards to the procedures. The Central Adoption Resource Authority (CARA), which is an integral part of the ministry of women and childcare, monitors the Read More

Legal Rights in regards to Cheque Bounce

Avik Chakravorty

Dishonor of Cheque/ Cheque Bounce A cheque bounces or is dishonored when upon presenting a cheque in the bank it is returned to the payer unpaid. There are two reasons behind a Cheque Bounce and they are either insufficient funds in the bank account of the payer issuing the cheque or if there is a mismatch of signatures of the payer in the sense that the payer’s original signature and the signature on the cheque aren’t the same. One does have the option of taking legal action against the payer issuing a bogus cheque. Section 138 of The Negotiable Instruments Act is the most vital and effective legal provision to consider.  Few things to be mindful of   First and foremost the action that the payee ought to take is sending a legal notice or a demand letter to the drawer or payer of the cheque. One ought to also consult a check bounce attorney fir drafting the legal notice which ought to be sent within the stipulated period of a month from the Read More

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