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India’s arguably generous maternity law benefits m...

In India, working mothers-to-be are far better-of than most of their peers in the developed world, however, the country’s maternity laws are archaic. A year or two ago, the country passed the Maternity (Amendment) Bill aimed at working women and their right to paid maternity leave from 12 weeks to 26 weeks which is the world’s third-highest. There is a no-win situation nonetheless — the law is meant for companies with a headcount of at least ten employees which is just a minuscule proportion of the working women of India.This limitation in maternity benefits is an upshot of the desire of the elite of India to merely mimic policies that are both purposed and executed in the West, without any sort of fine-tuning suiting Indian conditions. The maternity bill is an exemplary bill – phantom legislation that passes laws that don't have and in all probability will not be as effective as required. Progress or that one is doing something is an illusion, and is given, but the reality is something else. There is an ideological dimension to the law which is a part and parcel of what the Indian elite believes is good, just, and prestigious in communities transcending boundaries.Symbol of progressCanada and Norway are the only two countries, with GDPs per capita of 27 and 47 times higher than India’s, respectively, provide protracted maternity leaves in comparison with India. The moot point, however, isn’t the perception of generosity, but how the law is applied.It was estimated that the vast majority of Indian women shun work. While on the one hand the unorganized sector is comprised of over 80% of women working for companies with an employee headcount of less than ten. On the other hand, the organized sector comprises of 16% women workers, who do informal work, where the maternity law is not applicable.A more realistic assumption would be that a meagre 20% of the females work in the organized sector, then the law is potentially applicable to simply 1.3% of the workforce, or not even 1% of all females.Considering these off-the-cuff calculations, the unanswered question is why would India deplete its invaluable resources on ratifying a law that is applicable to a minuscule section of its growing population.Call 7604047601 for consultation with a registered expert maternity lawyer on Vidhikarya.

Posted By

Avik Chakravorty

2 days ago

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Mentally tortured husbands can appeal for granting...

In one particular case, the division bench permitted an appeal for granting a divorce decree in favor of the appealing husband for being tortured by the wife. The appellate judge may question the legality, validity and the propriety of the trial court’s judgment in which it had canceled the suit of the appellant or plaintiff for granting divorce decree of behavior torture and abandonment.Submissions by the AppellantThe appellant-husband may submit that the wife who is the respondent was disrespectful towards his parents and told his mother that meals were to be prepared according to what's on her menu. Another declaration of the appellant could be that the wife of the Respondent had reverted to her parental home within days of marriage and upon repeated requests of her in-laws reverted to her in-laws and that’s when she began cajoling the appellant to live apart.The appellant may state that even after having accepted all her demands, both her attitude and behavior remained unchanged. Matters worsen if the complaint filed by her turns out to be fake; a case in point would be a demand of dowry which, if not met would be the cause of her reverting to her parental home for good never to return to her appellant husband’s house ever again. Hence, in view of the prevailing circumstances, the plaintiff/appellant is likely to seek an of divorce decree on the plea of mental torture and abandonment. The wife of the respondent may deny all allegations and as a matter of fact, plead that she was tortured, the streedhan properties were retained by her in-laws and that the appellant accosted her with threats of divorcing her and remarrying. Besides, she may unequivocally mention her willingness to joining the appellant’s company.ObservationBy perusing the pleadings and depositions, it may turn out that the appellant’s allegations were according to what the depositions of the respondent, his parents, and other relatives were in a fake criminal case for an offense under Sections 498-A and 323 of Penal Code, 1860.An acquittal under Sections 498-A/34 and 323 IPC of the indicted person by the trial judge in regards to the levied charges. Furthermore, it was later noted that the respondent-wife did mention that she was a victim of crass and obscene behavior by both the appellant and the members of his family As and when the respondent-wife is examined, one question, in particular, is asked to the respondent and that is whether the respondent is eager and willing to live together with the appellant. If the answer is a resounding No then clearly the respondent’s allegations were falseand besides, if she was unwilling to live together with the appellant then her very own pleadings are suspect. UpheldIt was upheld that if the wife made any scandalous, vulgar and defamatory statements implicating the appellant’s family members it may cause mental torture to the husband. Besides, it was stated that if the wife fails to provide evidence supporting her unfounded, indecent and defamatory allegations then it would all be the causes of mental torture to the husband.Therefore, if the respondent-wife is unable to prove her scandalous and indecent allegations against the husband’s family and in addition if there is any demand for dowry then it would be a false claim causing mental agony to the husband. Therefore, the appeal for granting the divorce decree favoring the appellant for the dissolution of the marriage among the parties would be permitted.Call 7604047601 for consultation with registered expert divorce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 days ago

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Adarash Roy

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: Legal Counsel

Practicing Court

: High Court at Calucutta

Location

: West Bengal, Kolkata

State Bar Council

: West Bengal

Reviews & Ratings(View Reviews)

I have a positive attitude towards handling the case and give a very patient hearing to the clients problems. The solution provided by me is after considering the problem of the client to be mine own. Advice in the nature of hardcore professional is only given.

Professional Summary

I had worked with Reliance General Insurance as Legal Supports Officer and I have handled Insurance related matters along with employee related matters. Presently I have sent many legal notices and handled work on Labor related matters like in relation to provident fund, bonus etc. I have also handled various matters on change of name, trade licence, adoption and maintenance, drafting of various agreements, divorce related matters, advice on land and property matters, advice on relationship issues and various matters related to corporate's. In addition to this I have been handling matters in relation to NGO's like in context of Foreign Contributions and their licences, registration and renewal related work, seeking for prior permission etc. Apart from these I have also handled matters in relation to Divorce and Separation along with Dowry, Defamation, Cyber crime related, phishing calls/mails/sms related etc. I have a never giving up attitude with a never ending zeal to Learn.

Expertise In

Primary Expertise

Category Experience(in years) Cases Remarks
Insurance 1 years 1000 I was working for Reliance General Insurance Company Limited for the a period of 1 year. The number ... Read More
Divorce 1 years 50 The handling of the cases includes telephonic consultation for assessing the viability of the cases.... Read More
Civil 1 years 38 Handling of cases includes telephonic consultation. The category of Civil is quite broad enough to i... Read More
Commercial 1 years 35 The no of cases handled contains the number for which telephonic consultation that has been given. I... Read More

Secondary Expertise

Expertise In

Insurance

Experience 1 years

Number of Cases 1000

I was working for Reliance General Insurance Company Limited for the a period of 1 year. The number of cases include cases in relation to Ombudsman, Own damage, Third party damage, (injury as well as death), consumer etc

Divorce

Experience 1 years

Number of Cases 50

The handling of the cases includes telephonic consultation for assessing the viability of the cases. It also includes in depth professional advice rendered to the clients

Civil

Experience 1 years

Number of Cases 38

Handling of cases includes telephonic consultation. The category of Civil is quite broad enough to include all types and sorts of matter which are related.

Commercial

Experience 1 years

Number of Cases 35

The no of cases handled contains the number for which telephonic consultation that has been given. It is a broad category which includes all kinds of related matters also.

Practicing Court Name

High Court at Calucutta

High Court

Alipore Judges Court

District Court

Bankshall Court

First Class Magistrate

Income Tax Appellate Tribunal

Tribunal

Central Excise Service Tax Appellate Tribunal

Tribunal

Educations

LL.B

Vidyasagar University

Others

Pursuing Company Secretaryship Course

LL.M

Currently Pursuing

Other Info

No. of juniors with me

0

Size of my team

0

No. of intern work per year

1

External Links

Publications

Blog Writer

7 / 2017

Other Legal Experience

Vidhik Mitra

Pro Bono Services

Free Legal Advice

Pro Bono Services

Other Achievements

Top Responding Lawyer in Free Legal Advice

7 / 2017

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