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Different legal ages for girls and boys to tie the Knot is a discriminatory practice . Legal voting age in India is 18 for both boys and girls but the legal marriageable age is 18 for girls and 21 for boys which indicates that more maturity and experience is required to handle a girl than to handle a country. When both boys and girls enter the schooling atmosphere at the same age and grow there till the age of 17 then how or why is it that girls are considered more mature and ready for marriage at 18 while the boys aren't? This law seems to be made by people who were mentally immature to understand the meaning of equality . Moreover, the reason behind the 3 years age difference is not known to anyone and definitely lacks scientific logic . The reasons cited by the majority of parents behind 18 years being set as the marriageable age for girls was poverty , fears about girls’ safety and a perceived lack of other options . This discriminatory practice of marrying girls at 18 years of age against boys who are marriageable at 21 has a far-reaching impact on the society and Nation as a whole . When girls are married off at 18 , it's the only life that they know.Just out of school and with very few employment prospects , they are dependent on their husbands (who themselves may not be professionally and financially independent at the age of 21 ). As a result, the girls are more vulnerable to abusive relationships as they have few options to leave and provide for themselves. Marriage is no joke and contrary to the popular belief , girls do not have enough maturity to get into a lifelong commitment at 18 years of age . They are often forced into these marriages by their parents .Their immaturity , lack of ability to take decisions and early pregnancy lead to frustrations, separation and divorce. Today, there are more opportunities , more choices, more knowledge and expectations from life which an 18 year old girl may not be able to avail as she is married off by her parents by that time. When the voting age can be reduced from 21 to 18 as done in 1988 , it’s time we amend the marriageable age in our country . Not only should it be increased to 25 but also kept same for both boys and girls as the regions of human brain which are crucial for decision making, anticipating consequences , rewards and risks do not reach maturity until 20s. Also, the boys become professionally and financially independent around the age of 25 years and hence can take on marital responsibility . As a progressive Nation, a new set of goals for national development are required with a desperate need to empower girls to prevent them from getting married at an early age as 18. They also need more time like boys to stand on their own feet . Once girls complete their education up to a minimum level of graduation or diploma , they have access to jobs that can earn them a living and help them in supporting their families . There is a need to remove this discrimination in terms of different legal marriageable age of boys and girls and provide them equal time and space to enter Matrimony . It’s time to embrace roles for girls beyond wedlock which will make them more responsible and financially independent.
A 2 days old baby girl is flushed down the toilet by her own parents. A man in UP hangs up his wife, beats her, makes a video of the same and sends to her parents for demanding dowry. A daughter is denied a share in her father's self acquired property. A girl is raped. Such incidents and even more gruesome crimes are committed against the women in our country but why is it that rapes get more attention as compared to other forms of crimes like female infanticide, acid attacks, sexual harassment/exploitation, dowry deaths, cheating, murder, wife battering, maltreatment at home, honour killings? Is it because'sex sells' even in crimes? The rape crisis is just one facet of the multitude of problems that reflect the gender discrimination scenario in our country which are seen right through'womb to tomb'. It's quite interesting to see how in the wake of brutal rapes and murders, the whole country takes a 'holier- than- thou' stand, passes quick judgements on the accused, without analysing their own conduct and contribution in crimes against women. Popular media is rife with news of rapes which appear to be the most rampant and high profile of all the crimes against women. This hype in the media compels us to believe that rapes are on a dramatic rise. However, studies have shown that rapes have, more or less, followed a flat trend while the most dramatic rise has been seen in number of cases registered under cruelty by husband and his relatives. Cruelty by husband and his relatives, domestic violence and dowry related crimes account for more than half of the crimes against women. However, these are not considered worthy of our attention since the very powerful media is busy covering certain brutal and violent incidents having political undertones. India is traditionally a male dominated society where masculinity is about men acting tough, freely exercising their privilege to lay down the rules in personal relationships and above all, controlling women by making them limited and obedient to perform different functions of daily life. There are many laws but 'brutalisation of women 'seems to be on the rise and becoming too broad. Thousands of girls are becoming victims of this evil on a daily basis, which reduces their self respect, dignity and status, thereby hindering the social, economical, political and cultural progress of our country. Male dominated societal norms, economic dependence, overall lower status of women further exacerbates these crimes . Politicians are only as good as the people. Beastial masculinity and inefficiency of judicial and political system is a daunting challenge. We as a society need to modify our mindset regarding women and get our act together to accept them as human beings with equal rights, deserving equal respect and status. There is an urgent need for stricter laws, faster convictions, larger representation of women in judiciary and law enforcement. However, these are also symptomatic measures. Our society needs deeper surgery and extensive treatment, starting at home and continuing through years of schooling and beyond, which is undoubtedly a generational effort which must be collectively made by HRD and law ministry. As the journey of a thousand miles begins with one step, we should let these incidents be the trigger which forces our society to take this first step. Let's start now.
Legislation against Self proclaimed Godmen(& women) India has a flourishing market for self styled Godmen(& women) who make millions by fooling and deceiving illiterate and ill-informed people in the name of spirituality.A close nexus between power, politics and money creates a perfect business model which enjoys political patronage. These self proclaimed Godmen are nothing but ambitious con artists and perverts hiding behind masks and deceptive garbs. They are minting money, abusing innocents, ruining multiple lives by deception, falsehood and religiosity in the name of God. They are emotionally, physically and financially exploiting people by manipulating their frailties. However, now in the wake of violent incidents and illegal activities in the name of spirituality all over the country, there's a need to curb these Godmen and save people from becoming their victims. Though one feels that education and literacy is a solution to many a problems, it is not enough when it comes to these Godmen as a large number of their followers come from well educated people, politicians, filmstars, business tycoons, who endorse them for their own vested interests. India's obsession with these Godmen can only be cured with a qualitative change in the social consciousness, which may take a long time and keeping this in view, there is a need for legislation against such Godmen who con people in the name of God by taking advantage of their fears and insecurities. They gain power over minds of gullible people who seek instant and magical solutions to their various problems, not realising that the power to save themselves lies within each one of them. Without any further delay, Govt.should enact a law and protect its people from becoming victims of these impostors who call themselves'spiritually evolved'.
BEWARE, SOMEONE IS WATCHING The debates between Aadhaar card and privacy rights have been making headlines every now and then, where privacy has been a key focus. Doesn’t our society lack enough privacy as it is?Are we ready for Big Brother (Aadhaar card) eavesdropping, controlling and manipulating every aspect of our personal lives? There are heightened privacy concerns and questions over the security of biometric data in possession of the Unique Identification Authority Of India(UIDAI).Many have opined that it is an intrusive tool open to misuse by the Government or others. Another area of concern is that our country presently lacks cyber security norms and which , it would not be wrong to say, are almost non existential. Aadhaar card is a convenience, no doubt about that as it’s a never-fail identification document that we need and provides a unique identity to avail Govt schemes. However, UIDAI guidelines are not only confusing but also contradictory. On one hand, it’s website says, ”Aadhaar number empowers residents of India with a unique identity and a digital platform to authenticate anytime, anywhere and is accepted as proof of identity of the cardholder for any purpose.” On the other hand , it says that Aadhaar number should not be shared with anyone. While it says that biometric information is never shared, company like Reliance Jio is already collecting fingerprints of its customers to simplify the eKYC process which is nothing short of a 'privacy nightmare'. Leakage of Aadhaar data of cricketer M S Dhoni made headlines, however, similar leakages of lesser known mortals have gone unnoticed. A recent report by 'The Tribune' claims that it had gotten access to around a billion Aadhaar Numbers in 10 minutes by paying Rs500/- to an anonymous seller. A few more security breaches which have surfaced are: -Money in Bank accounts withdrawn fraudulently using Aadhaar data -210 Govt.websites made Aadhaar data public. -Water and sanitation ministry breached Aadhaar privacy. -Aadhar details of over 6 million people leaked on a website managed by the Jharkhand Directorate of social security. Hacking into databases for data is not very difficult for a person with the necessary motivation, skills and time. Systems are hack proof only until the first hack. So what is one supposed to do in these confusing times and discussions? Is there any way to ensure that personal data is not misused? Well yes, there are a few weapons available to a cardholder in terms of certain actions which can protect his personal data . A mechanism exists under which a card holder can choose to block his Aadhaar card along with his demographic and biometric information if he wants to opt out of the UIDAI system. Biometric data should be locked by the cardholder so that no one can access it and the same can be unlocked by following the process given in UIDAI website. A cardholder must not give a photocopy of Aadhaar card in Physical/digital form and must not share his/her Aadhaar number. If there’s no option but to produce a photocopy of Aadhaar card, the cardholder must write the purpose on it and must also self attest it. After all, someone has rightly said BETTER SAFE THAN SORRY. KMLAWASSOCIATES is the first choice of victims of security breaches in Delhi NCR. Whether it’s misuse of personal information or CCTV coverage, the professionally led , expert team of KMLAWASSOCIATES ensures that hassle free justice is delivered to those whose personal space has been encroached.
WHOSE NEGLIGENCE IS IT ANYWAY? It's quite disheartening to see that the people in our country don’t want to take responsibility, not even for their own life and its safety. An 18 yr old DU student driving a BMW crushes man at North campus , gets arrested and is charged under sections of rash driving and negligence. But should it not be seen as the negligence of that 50yr old man who didn’t bother to cross the road at a pedestrian crossing ? Why was he crossing a busy road expecting the people behind the wheels to take the burden of safety of his life ? Motor vehicles Act needs to look into this aspect and liability should be imposed on such people who are at fault for suddenly surfacing on the road and putting others on the hook. Calousness of such pedestrians has been recognised and is the core theme of most tyre advertisements. It’s about time that pedestrians start taking more responsibility and at the same time, it will not be wrong to impose legal liability on such defaulters who think they can cross the road anywhere, anytime and that too with a blindfold. KMLAWASSOCIATES , based at Dwarka, is a top rated Law firm in Delhi NCR and is renowned for its expertise in corporate and civil law. With over 30yrs experience, KMLAWASSOCIATES provides best legal advice and representation in most branches of law like NI Act, Matrimonial matters, consumer protection, real estate, landlord/tenant disputes, etc.
ORANGE : THE NEW COLOUR OF DISCRIMINATION “Education is our passport to the future , for tomorrow belongs to the people who prepare for it today.” Said Malcolm X. Today, our nation is giving these words a whole new meaning by issuing passports based on educational qualifications. Citizens with ECR status in India, who have not been able to pass their 10th grade certification ( for whatever reasons), will be issued Orange passports. The idea appears to be good , time saving and will increase the pace of emigration process as the colour of the passport will make it clear if emigration clearance is required or not . But it comes with its own stigma .There must be other better ways by which the same can be achieved without revealing the educational standards of people. The Government and concerned authorities need to deliberate more before implementing this decision because it comes with a hint of discrimination as it seems to divide people on the basis of educational qualifications. It may also increase the vulnerability of orange passport holders as it announces to one and all that they are not well educated. Colour of passport selected by a country is a matter of national identity. The members of EU have Red passports, many Islamic countries like Morocco, Saudi Arabia and Pakistan have Green coloured passports due to religious significance. Blue passports have been selected by members of the ‘New world' and Black passports by countries like Zamibia, Newzealand as black tends to look more official and is also considered as their national colour. India presently has passports in three colours ; Maroon for diplomatic, White for Govt. Employees who travel on national duty and Blue for all others. One can only hope that this new proposal of adding another colour 'orange' has nothing to do with the idea of ‘ saffronisation'. KMLAWASSOCIATES is an ace law firm in Delhi NCR for corporate, commercial and business legal matters. KMLAWASSOCIATES has achieved outstanding success in all types of litigation like divorce, family and property disputes, NI Act, money recovery, real estate, etc. The unrivaled team of KMLAWASSOCIATES, led by a thorough professional provides sound legal advice and representation in courts of Saket, Rohini, Tishazari, Karkardooma , Patiala House, Dwarka as well as Delhi High Court and Supreme Court.
498A IPC already Addresses Marital Rape so why create an additional offence? In response to PIL on the issue of marital rape filed in Delhi High Court, Delhi Govt. has replied that it is already recognised as cruelty under law and as such, is an offence under section 498A of IPC.and FIRs are also being registered against the accused. Moreover, marital rape also been given a broader definition more akin to 498A IPC under the Domestic Violence Act. Delhi Govt has pointed out that marital rape is one of the grounds of cruelty for divorce under the personal law and there’s no need to create a new offence as enough safeguards in the form of criminal and personal laws exist to ensure that a wife isn’t forced to stay with an abusive husband. KMLAWASSOCIATES , Dwarka based law firm, is the first choice of people facing legal problems pertaining to marital disputes, divorce, family property disputes, domestic violence, maintenance, child custody, etc.in Delhi NCR. KMLAWASSOCIATES has successfully represented clients in corporate, commercial, business, real estate and money recovery matters in Delhi NCR.
Caught between the devil and the deep blue sea, is it really a man's world? A married man wants to exercise his conjugal rights but his lawfully wedded wife cries 'marital rape'. A bachelor in a consensual relationship with an educated , independent and liberated woman , gets slapped with a rape charge if their relationship fails. In other words, a failed relationship leads to rape charges and Physical relationship after marriage may also have a similar fate, a classic example of being stuck between the devil and the deep blue sea. It appears that in cases of failed love affairs, Rape charges are being used as a weapon for vengeance and Vendetta to harass and even force a man to marry his partner even though the relationship has gone sour. In recent times, there's been a spurt in cases where women in failed relationships have filed rape charges against the men, accusing them of breach of promise to marry (the most recent one involved an IIT Kanpur student and an IAF officer). However, such complaints need to be cautiously examined as educated, independent, adult women tend to forget that to have a physical relationship before marriage is their option and refuse to take responsibility for their actions . KMLAWASSOCIATES is a toprated law firm in Delhi NCR having the most successful track record in all types of litigation.
Should CRIME VICTIM COMPENSATION be a matter of mood or rationale? A 26yr old law student has been beaten to death by unknown people, outside a restaurant in Allahabad. Just about a week ago, a Delhi photographer was killed by his girlfriend's father and uncle. On 20.01.2018, a school principal in Yamunanagar, was allegedly shot dead in her office by her student . There have been numerous killings across the country in the name of honour, intolerance, road rage etc in recent times. Victims of such crimes are not only the ones who directly suffer the blow but also the family members who suffer mental, physical and economic harm as a result of the illegal activities of those who inflict the harm. The victims of such crimes have been provided certain safeguards in the Constitution of India under article 14& 21 and the laws governing compensation to these victims of crimes are contained in sections 357, 357(1), 357(2), 357(3), 357A, 358, 359 and 250 of Cr.P.C. However, there is no uniform policy on the compensation for victims of rape, riots, fire/other accidents, murder, etc., who are rather dependent on whimsical and irrational policy of relief. When there’s no uniform policy, how is one death deemed more deserving than the other?There is an urgent need for a rationale and clear method to award compensation where claims arise from loss of life on account of failure of public authorities. Presently, due to lack of legislation, States and their officials are wriggling out of their responsibilities by awarding arbitrary amounts in compensation. However, it is incorrect to let the mood of the state or the hype created by media be the deciding factors on how much compensation is announced by the state. In the absence of a uniform policy, politics(game of one upmanship), status of the victims or the community which they belong to or the media attention colour the decision of the state authorities in fixing the compensation amount and put a lid on such simmering controversies. It’s time to question the rationale and ask how the beneficiaries of these compensations are chosen since not all families coping with rape or murder of a loved one get treated equally. KMLAWASSOCIATES is a Dwarka based law firm with a commitment and dedication towards justice in all types of litigation.
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