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'poca acts'
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Good days or 'Ache Din' seem to be just around the corner for at least public servants as government is planning amendments in the existing POCA 1988, for the simple reason that POCA in the existing form is creating a fear psychosis amongst top government officials and fear of penal actions (even for honest decisions ) as provided for in POCA acts as a deterrent to effective functioning of officials . Also, according to the ruling government , POCA has only ended up as being a tool for bringing elected governments to a standstill and is a big obstacle in the ease of doing business . This proposal to amend POCA attempts to allay fear amongst public servants and sounds similar to speeches made by former PM and FM . However, one cannot help but wonder as to what has created this sudden urgency to amend POCA which has been cornerstone of the fight against corruption in India and allowed prosecution of senior government functionaries in 2G spectrum and coal scams? Though the proposal seeks to differentiate between cases of intended corruption and erroneous acts in the line of duty , it's dilution may weaken the fight against corruption. It may go either ways and may shelter the corrupt . Watered down version may be used favourably by scamsters who will suddenly feel empowered because even with the right laws , the list of failures in controlling corruption in our country is much longer than successes . The Nation's mood is grim in the wake of large scale scams in banking sector and the government, instead of showing zero tolerance towards scams and scamsters, talks about diluting anti corruption laws which only seems to be an attempt to protect their own in the close knit 'Neta Babu Nexus'. Are we ready or can we even take a chance with the kid glove approach to graft , knowing how deep rooted corruption is in India? When other criminal acts are becoming Harsher and stricter , government's intent to scale down version of POCA 1988 casts a shadow on its real intent of reigning in corruption. Equipped with thorough and deep understanding of POCA1988, KMLawassociates successfully defends those who are falsely implicated under the provisions of POCA in Delhi District courts, Delhi High Court and NCR.
Are PRENUPTIAL AGREEMENTS just around the corner? With an alarming increase in divorce queries and cases, the youngsters planning to tie the knot must consider PRENUPTIAL agreement before taking their vows to safeguard themselves . Marriage in India is considered sanctimonious but there’s no harm in seeing it in a practical manner where both the parties know where they stand in the shadows cast by marital breakdown.Prenuptial agreements can help in avoiding acrimonious battles in the courtroom and will definitely save the courts' time. If prenup agreements are made diligently, both the parties can benefit without any bitterness. PRENUPTIAL agreements are currently not recognised in India but a few couples have attempted it by entering into an agreement under Indian Contracts Act . However, the same have not been upheld in the Courts. The ministry of women and child wants to make prenuptial contracts legal and some serious discussions were carried out in 2015 but the progress on this front is slow. However, slow progress is anytime better than no progress. As and when laws are made on prenuptial agreements in India, it must be ensured that these are gender neutral. Also, family wealth should be kept out of any settlement/agreement clause and only the wealth which is created during the period of marriage (common property of the couple) should be liable to be shared/ divided. Not only the material issues, even other issues like maintenance, child custody etc can also be addressed in the prenuptial agreements. KMLAWASSOCIATES is a Dwarka based Law firm with an unmatched success rate in divorce and other matters pertaining to marital discord/family disputes in New Delhi, NCR.
At KMLawassociates, our top corporate lawyers provide expert legal advice in Delhi NCR. Contact us for best legal guidance/assistance in Delhi NCR for corporate matters such as tax, contracts, patents, employee rights and claims and insurance .
“We’ll cross that Bridge when we come to it .” This seems to be the approach adopted by the apex court while hearing on the issue challenging validity of section 377 IPC which criminalises consensual sex between two adults of same gender. The apex court has stated that reference order is limited to deal with whether Section 377 IPC is Ultra vires the constitution hence nothing else will be debated in this matter and all other rights and issues can be discussed when 'lis ' litigation comes before it. The responsibility of changing the law rests with lawmakers and not the courts , hence the lawmakers need to keep in mind and address the obvious issues which will crop up with the opening of this Pandora’s box while scrapping and drafting new laws. Lawmakers need to address the issue in a much larger way beyond the realm of sexual orientation . A new era will be ushered in India with the scrapping of section 377 IPC giving rise to a whole new set of legal problems as our society is bound to get destabilized . The lawmakers need to ponder deeply on questions like inheritance to live in partners or whether they can marry, right to cohabit , rape in same gender relationships .Scrapping of section 377 IPC is bound to give a cover to paedophiles and rise in HIV . If legitimized , it will give rise to a new breed of sex workers and also affect the Institution of marriage as hetrosexual married men/women may engage in consensual homosexual acts . Also, interest of members of armed forces, prison inmates , hostels etc need to be considered well in advance before our courts get flooded with litigation on above mentioned grounds.
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