Showing posts with label New Bills & Laws. Show all posts
Showing posts with label New Bills & Laws. Show all posts


Gender inequality not only harms women besides it also affects men. This gender inequality not only exists in job, income, education, health but also in taking care of the children. There is a general myth that men are the sole breadwinner of the family, and women are intended only to take care of the children. This traditional gender stereotype has to be broken down. We can have no advancement without change. Countries like Sweden, South Korea are setting various laws regarding paternity benefits for breaking down gender inequality. These laws will benefit new fathers since they get an opportunity to enjoy themselves with their newborns. 
India is a country packed with traditional philosophies. We are in 2020, as the culture is changing individuals are also trying to accommodate themselves to the changes. The belief that only women and girls are harmed by gender inequality is made wrong. Even men encounter it too, notably regarding child care. India is aiming to exterminate gender inequality. In efforts to it, it is enacting many laws, policies, etc. One such effort is that it implemented a Paternity Bill. If this bill gets sanctioned it will benefit half of the population. This paper explains about Paternity Benefit Bill, 2017, and the problems in providing paternity benefit. It gives detail regarding the countries and private sectors which provide paternity leave.

Keywords: Maternity benefit, Maternity and Paternity leave, Adoption, Miscarriage, Gender inequality.


Our lifestyles are changing from day to day. Due to many changes in the political, social, and economic sphere, the concept of joint family has become outmoded. So, many opt for the nuclear family. The purpose of the degeneration of the joint family is the rise in opportunities in cities, and it’s hard to shift the whole family into cities since the cost of living is high in cities. As a result of a nuclear family, young couples face many difficulties. The major problem is that there is no one to help new parents to take care of their newborn. By analyzing this reality, the government of India introduced the Maternity Benefit Act, through which a female worker can avail 26 weeks of paid leave. Even though the maternity benefit issue is finalized, the problem still exists with the Paternity Benefit Bill. Society thinks that the mother is only responsible for child care, and the father is the only earning person in the family. But the fact is that both father and mother are responsible for child care. Therefore, the laws and policies for paternal benefit should be made.


Paternity leave is nothing but a leave granted to fathers before or after the delivery of the child. The main intention is to reduce the chance of the woman leaving the job due to child care. As a result of this, mothers will be able to get much-needed support from the fathers. It allows both father and mother to cherish the moments of their newborn together. On the whole, it provides benefits to natural parents and adoptive parents. It is mandatory to provide flexible maternity and paternity leaves because we are living in a country where a family is of utmost significance to us.


At present, India has no national law for paternity leave that will benefit all public, private, and mixed sectors. But there is some benefit for employees working under the government sector. All India and Central Civil Services Rules currently allow 15 days of paternity leave to Central Government employees. It could be taken before or within six months from the date of delivery of their child. If they don't take leave, it will be considered as lapsed. For paternity leave, salary will be paid equal to the pay last drawn immediately before proceeding on leave. It even applies to the adoption of a child.


Indian government enacted a new Act named the Maternity Benefit Act 1961. Through this act, the woman can avail 12 weeks of paid leave. It was the best initiative taken by the government to help women during their pregnancy. Later by 2017, the Indian government amended the Maternity Benefit Act through which the period of maternity leaves extended from 12 weeks to 26 weeks. It benefited millions of working women in various organizations.

During the discussion of Maternity Benefit, the MPs from across the party line said that though this act has plenty of benefits, it also has some lacunae. The major one is that there is no provision for Paternity Benefit in the legislation. So after the 2017 Maternity Benefit Amendment Act, there was a private member bill known as the Paternity Benefit Bill. It suggests paid paternity leave for up to 3 months. This new bill states that it benefits all men from the private, public, and mixed sectors. If the bill gets sanctioned, it protects the paternity rights of the working father.

Rajeev Satav, an MP from Maharashtra, has been the cheerleader of this bill, and he stated that "Child care is the joint responsibility of both parents. They must devote time to the newborn to ensure their proper well-being".



The Act shall apply to all or any of the establishments just like the factory, mine, plantation and also to each establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances either belonging to the government or private sector. These provisions will also apply to every establishment or shop in which ten or more persons are employed.

Eligible criteria:

Paternity benefit is given to the men, only if he has worked in an establishment for not less than eighty days immediately preceding the date of delivery of the child.

Duration of leave:

If a man has less than two surviving children, he shall get the paternity benefit for fifteen days. Out of which not more than seven days shall precede the date of expected delivery. He can take three months of leave from the date of delivery of the child.

There are certain exceptional cases like -

  • If a man who is eligible for paternity benefit under this act, dies before receiving the amount then the employer should give it to the person nominated by him.
  • If a child dies during the paternity period then the employer should grant the paternity benefit until the days up to the death of the child. 
  • In case of adoption, every man who legally adopts a child below the age of three months shall be entitled to paternity benefit for fifteen days from the date the child is handed over to the adopting father. 
  • In case when the child is born to the commissioning mother then the paternity benefit for fifteen days is given to the legal husband of the commissioning mother from the date the child is handed over to the legal husband of the commissioning mother. 
  • In the case of miscarriage, a man shall be entitled to leave with wages for seven days on the production of such proof. 


Every employee will receive the salary for paternity leave at the same rate as the average daily wage payable to him on all days which he has worked.


An employer shall be punished with imprisonment which shall not be less than three months but which may extend to one year and a fine shall be imposed which shall not be less than twenty thousand rupees but which can reach fifty thousand rupees if he fails to pay the amount of paternity benefit to a man or discharges or dismisses him on account of his absence from work then the employer.
An employer shall be punishable with imprisonment which may extend to one year, or with a fine which can reach fifty thousand rupees, or with both, if he contravenes the provisions of the paternity benefit act for which no penalty is provided under this Act for such contravention.


When considering the workers employed in the private sector, the decision entirely depends upon the employers. Some organizations may or may not grant paternity leave. But in the case of Chander Mohan Jain v. N.K Bagrodia Public School, Chander Mohan was a private school teacher. The case was filed in Delhi High Court, challenging the rejection of his application for paternity leave and salary deduction. The fact of the case is that he took 15 days of leave after his wife's delivery to take care of his newborn and his wife. But the school rejected his application and deducted salary stating that it had no provision for paternity leave. The court held that salary, allowances, leave, and benefits should be granted to male employees of unaided recognized private schools.


It is challenging for the organization to make serious progress when there is no benefit to the employees. Especially when there is no policy for paternity leave, it gradually reduces the success rate of the organization since the father has a responsibility to take care of their family more than fulfilling the work demand. No one should think that their career will be a problem if they have a child. So on analyzing the difficulties faced by new parents, they should frame a parental policy that will maintain a work-life balance. Moreover, the organization gets benefited because they will not lose a talented employee. It will also break the gender inequality that men are not meant only to work but also to take care of their families.
Few of the organization in India which grant paternity leave are:
  1. Ikea offers six-month parental leave.
  2. Zomato grants 26 weeks of paid leave for new fathers.
  3. Walmart expanded its paid parental leave policy to a full six weeks.
  4. Star India gives new fathers a month of paternity leave
  5. Hotstar offers male employees are entitled to 4 weeks (20 working days) of paid paternity leave.
  6. Flipkart offers 15days of paternity leave.
  7. SBI grants 15 days of paternity leave. 
  8. Tesco Bengaluru offers paid leave of two weeks. 
  9. Tata steel allows ten days of paternity leave.
  10. Mindtree allows a week of paternity leave.
  11. Tech Mahindra allows a week of paid paternity leave. 
  12. TVS Motor offers six days of paternity leave. 
  13. HCL technologies offer 5working days of paid paternity leave. 


The countries wealth depends upon the citizen's share of the economy. People can contribute 100% only if they receive benefits. The most important benefits are maternity and paternity benefits. Many countries offer maternity benefits, yet they show less interest in providing paternity benefits. There are certain countries which provide paternity benefits. They are-
  1. ICELAND - It offers nine months of leave, out of which three months for the father, three months for the mother, and the remaining three months open for both to share between them.
  2. AUSTRALIA - Eligible employees get up to 18 weeks paid leave at the national minimum wage. In most cases, these payments are given to the employer first, who then pays it to the employees. 
  3. SWEDEN - It offers 90 days of paternity leave to new fathers with 80% pay of their salary. 
  4. PAKISTAN - It offers 3months of paternity leave. 
  5. FINLAND - Fathers are entitled to 54 working days. 
  6. SLOVENIA - It offers 30 days of fully compensated paternity leave to fathers. 
  7. MYANMAR - Fathers are entitled to 15 days of paternity leave. 
  8. KENYA - Fathers are entitled to 2 weeks of fully paid paternity leave. But it is based on the condition that the only men whose wives are recognized by their employers will get paternity leave. 
  9. SOUTH KOREA - Fathers can take ten days of paid paternity leave within 90 days of childbirth, subject to fulfilling the following eligibility criteria.
  10. MALAYSIA - It offers seven days of paternity leave to civil servants; some state government employees can take up to 14 days. 
  11. PORTUGAL - It offers five consecutive days after the birth of the child for fathers, and additional ten days are allowed within 30 days of childbirth. 
  12. ITALY - It offers five days of compulsory paid paternity leave. 
  13. HONG KONG - It offers five days of paid paternity leave for each child. It is allowed four weeks before the expected date of delivery and ten weeks following the birth of the child. 
  14. SAUDI ARABIA - Fathers are entitled to three days of paid paternity leave. 


1. When an organization announces paternity benefit, the ultimate burden is on the employer. Sometimes the employer will be facing a financial crisis. As a result, he will not offer a parental benefit, and he may stop hiring many employees. It will lead to an unemployment situation. So the best solution is for the government has to take responsibility and provide parental benefits from the government funds.
2. Though many organizations offer paternity benefits, many dads do not avail complete paternity leave. The male breadwinner norm may be the barrier. They also have a fear that some temporary person would occupy their position during their absence from work. They overthink that the firm will put them on the top of the list for layoff.


As we are in 2020, society is also switching its thoughts from gender-based to gender equality. In the same way, India is also trying to change its status from a developing country to a developed country. It is important for the Indian government should acknowledge paternity leave because it is as essential as maternity leave. Both the parents have equal rights to look after the newborn and enjoy the precious moment together. It is necessary to provide both maternity and paternity leave for the well-being of the child. So, the government should enact laws that would break down all the barriers and enable men to avail complete paternity leave.




In an agricultural economy, Farmers are economy runner; government makes Policies taking into account suitability of the farmers. Farming is a remarkable and indivisible part of the economy in India, as it constitutes 19% of the total GDP. It also contributes in providing employment opportunities to 60% of the population[i], so the farmers are the backbone of Indian economy and also they are an important part of the existence as they provide food and fabric to the nation. We refer Farmers as 'Anndata' as they provide us food and fruit which are basic essentials of human life without which a common man cannot survive. Rural India which is highly dependent on agriculture need to be taken care of , farmers in India constitute a huge vote bank to government , so it becomes more important to look into the problems and needs of Farmers for any government . 
Now here this article will throw light on new farmers bill , this article will also deal with the theory If parliament can make laws on agriculture , pros and cons of New bills , how will farmer get affected , is really government taking the farmers view into consideration ? 

New Farm Bills

There are three bills which have been passed recently in the parliament. First is The Farmer’s Produce trade and Commerce (Promotion and Facilitation) Bill, 2020, prior to this bill there was a condition that farmers from a particular area can sell their commodities to notified Agricultural Produce Market Committee (APMC) mandis where they had to pay certain state tax and nominal fee, now under this bill provision has been made under which farmers now can sell their commodities outside the premises of APMC also without paying any short of state taxes and fee. Second is The Farmer’s (Empowerment and protection) Agreement on price assurance and Farm Services Bill, 2020, prior to this bill there was auction based system where state government had the power to decide MSP I.e. Minimum Support Price below which auction cannot be conducted, now under this bill provision has been made under which there will be direct marketing and contract farming will takes place. Third is The Essential Commodities (Amendment) Bill,2020, prior to this bill there was exception granted to few important commodities against hoarding , now under this new amendment bill,2020 provision has been made under which there will be no bar over hoarding , production, storage , movement and sale of few main foodstuffs which includes onion, pulses , cereals, edible oils ,etc. given that except in emergency situations and extraordinary conditions and circumstances[ii].

Parliament vs. State over agriculture as a subject matter 

We have been provided three lists in schedule 7 of Indian constitution, in list 1 contains 97 entries[iii] under which union government can make laws, list 2 contains 66 entries under which any state government can make laws, list 3 is concurrent list which contains 47 entries under which both the state and central government can make laws. Now with respect to agriculture as far as union list i.e. list 1 is concern ,under entry 86 it has been provided that parliament can make laws against the taxes on the capital value of the assets which excludes agricultural land which means central government has no power to collect tax on agricultural land , Under entry 87 , power has been granted to parliament over Estate duty in respect of property other than agricultural land , Under entry 82 , exemption of tax has been granted on agricultural income , so parliament can make laws on Taxes on income other than agricultural income. By referring above entries it can be said that no exclusive power related to agriculture has been granted to parliament to make laws or regulate the provisions. On the contrary if we see state list , under entry 14 power has been granted to state government to make laws on agriculture , including agricultural education and research , for the protection of pest and plant diseases, Under entry 30 of state list power has been granted to state government to provide for relief from agricultural indebtedness to farmers , Under entry 46 of state list , power to collect tax on agriculture has been vested with state government, whereas under entries 47 and 48 of state list , power to make laws on duties in respect of succession to agricultural land, and estate duty in respect of agricultural land has been granted to state government. As far as concurrent list is concern, under entry 6 , both centre as well as state can make laws on transfer of property other than agricultural land , so here it can be inferred that centre has been debarked from making laws in any matter of agriculture. Under entry 7 of concurrent list, power have been granted to make laws to both parliament and state in matter of contracts, including Partnership, agency , contracts of carriage but not including contracts relating to agricultural land . Now it becomes more important to differentiate between the margin line of trade and occupation and we need to understand both are different, various courts have interpreted that agriculture is an occupation in the same way as education, it is not trade, trade is selling and purchasing of commodities and an occupation relates to production of commodity, so farming is an occupation[iv].

Pros and cons of New farm Bill

As far as advantages of New farm Bill are concern, it can be inferred that –
Farmers now can sell their commodities outside their mandis and there will be no state tax levied upon the farmers. In the existing APMC system, it is mandatory for farmers to go through a trader so as to sell their produce. It was this very system that has influenced the rise to a cartel led by traders and uncompetitive market due to which farmers are paid MSP (a very low price) for their produces. Farmers will get an opportunity to look out for best dealer in the market. These bills will provide farmers freedom to trade across states and will empower them to turn into traders and regulate their own produce. There will be freedom of choice of sale and purchase of agricultural commodities between the two parties and it will promote intrastate trade without any barrier. No barricading in farming sector will help both the farmers, as well as consumers, in case of any emergency situations like flood, drought or any other natural calamities, food carriage will be more efficient and purpose of national interest will also get serve.

As far as disadvantages of New farm Bills are concern, it can be inferred that-

These bills does not contain any provision for Minimum support price (MSP) for farmers in which case farmers can be assaulted by capitalist, farmer will be treated as commodity in years to come, as government declares MSP for certain important crops ,but in absence of the provisions regarding MSP, farmers will be at back foot . State like Punjab and Haryana will not get any state tax on agriculture which constitutes 8.5% in Punjab and 6% in Haryana, so loss of revenue can be a major disadvantage for any state government for further development and growth. With no MSP, market price can fall and we all know in capitalist economy, one party to business dominates other in terms of profit, as maximum profit is the ultimate aim, state like Punjab which charges 6% mandi tax and collects total revenue near 3400 crore form these charges, and Punjab and Haryana are important from the fact that 75% wheat production has been done in these two states only[v].


Focus has been laid down on privatization of farming, where every farmer rich or poor will be a party to a contract and there will be terms and conditions as well. Capitalist will try to buy best quality crops cheaply, whereas farmers will try to sell their commodities at good price, so it will be a tug of war between farmers and Capitalists. Author argues if government want to aid the farmers of the country they should provide relief in indebtedness of farmers, there should be a proper guarantee scheme and statutory backing to the minimum selling prices and procurement, hoarding must be under scrutiny and thereby author believes amendment in Essential commodities Act could bring large corporate goons into agriculture space and this can lead to harmonization of agricultural market and also Constitution have granted rights to state to make laws over agriculture, so Parliament should reconsider the state government will , otherwise it will be against the spirit of Constitution and Courts should follow the doctrine of Pitts and substance and look over these bills from major perspective and which will serve the interest of farmers for better because they are exercising there right to life to protect the right to life and personal liberty of the people of the country by providing food . 


The transgender community is among one of the most marginalized communities in the country because they don’t fall into the category of "male" or "female" gender stereotype.
In 2014, the Supreme Court recognized the right of a transgender person to self-identify themselves as male, female or third gender.[i] Besides, the court ordered the central and state governments to provide legal recognition to transgender persons, remove the social stigma and discrimination they face, and provide them social security schemes. 
In 2019, The Transgender Persons (Protection of Rights) Act, 2019[ii] was passed, to allow persons to perceive their gender identity, providing identification & giving them certain rights and benefits. 
In 2020, the central government announced a draft of the Transgender (Protection of Rights) Rules 2020[iii], proposing to notify under the Transgender (Protection of Rights) Act of 2019, for public feedback.

WHAT Is ‘Transgender Persons (Protection of Rights) Rules, 2020’?

1. The draft regulation demonstrates the manner, form, and process below by which people can be identified as transgender: -
a) An application for a Certificate of Identity must be submitted to the District Magistrate. This application will include an application form, an affidavit, and a report from a psychologist working in a government hospital.
b) The District Magistrate must issue a certificate in 60 days along with a transgender identity card, but only to the applicants, who reside for one year on the date of application, within the area of his/her jurisdiction.
c) In case of an application for a revised certificate of identity, after a person undergoes sex reassignment surgery, the applicant must submit a certificate by the Medical Superintendent or Chief Medical Officer of the institution where the surgery was performed, to the District Magistrate. A revised certificate of identity must be issued within 15 days, indicating the gender of the person, along with a revised identity card.
d) In case an application gets rejected, the applicant may appeal the decision within 30 days following the date of rejection before the appellate authority is designated by the competent government.
2. The competent government must educate transgender persons about the available benefits, ensure the legislations are non-discriminatory towards them, establish facilities like rehabilitation centres, HIV monitoring centres, separate medical rooms, & separate bathrooms for transgender persons 2 years of the regulations being announced.
3. The National Institute of Social Defence, which is under the Ministry of Social Justice and Empowerment, serves as the secretariat to the National Council for Transgender Persons. The central government will provide grants to the institute to perform this function.


1. Requirement of Psychologist’s Report

Firstly, the reason for the requirement of a psychologist's report is unclear, since the act gives the right to self-identify, which implies the gender identity of a person cannot be determined by anyone other than themselves.
Secondly, if a person can claim to be transgender in an affidavit submitted on their application, it is clearly unspecified about the additional information required in the psychologist's report.
Thirdly, there is acute storage of clinical psychologists, as according to the NHRC 2019 report, there are just 898 available against the requirement of 20,250 clinical psychologists in government and private hospitals.[iv]
According to the 43rd report by the Standing Committee on Social Justice and Empowerment, 2016[v], observed that the presence of medical professionals on the panel to determine a person's certification increased the risk of evaluating the applicant's gender identity on a medical, biological, or psychological basis, which would violate the right of transgender persons to self-identify their gender.

2. ‘False Application’ attracts a Penalty.

It is unspecified on what grounds authorities may determine whether a person is filing a false application and penalty to be charged. It also ignores the inclusion of provisions like, 'prohibition of unnecessary surgeries on infants born with ambiguous genitalia.' Moreover, there is a non-corporation of 'non-binary trans persons' in any of those rules, leaving them unidentified.

3. The Process for Gender-Determination After Sex-Reassignment Surgery

The Trans rules specify how a person undergone surgery may apply for a revised certificate, by submitting a medical certificate and application form. However, the application form provided in the draft regulations for the revised certificate allows the applicant to choose "transgender" as the gender of their choice and not "male" or "female."
A transgender person should receive the option to choose either 'man', 'woman' or 'transgender' as well as have the right to choose any of the options independent of surgery/hormones.

4. Welfare Measures

It is a known fact that Transgender persons have historically faced a range of discrimination by the State and citizens who go beyond the categories enumerated in Articles 15(1) and 15(2) of the Constitution.
With just 30 days provided to respond on the draft (given in English language only) with comments, suggestions, and feedback through online mode, especially amidst the national lockdown, posed a great difficulty for the trans community to communicate due to limit or no access to the internet.
It vaguely requested a review of all existing educational, social security & health care schemes, welfare measures, vocational training, and self-employment schemes to include transgender persons. But there was no inclusion of separate-vertical reservations, different support systems, gender sensitization, and awareness programs, and job security schemes (e.g. MNREGA).

5. Compulsory requirement of one-year resident address in an application

In 2014, the Expert Committee on Issues Related to Transgender Persons[vi], observed that most of the individuals from transgender families are detached from their families, abandoning them under their community with unemployment & the temporary residence. Therefore, it can be difficult for a transgender person to prove their place of residence for at least one year or 'the important role of parents in making on an application on behalf of the minor child', before submitting an application.
The compulsory requirement of a one-year residence permit is unrequired for various other licenses and certificates. Like, the civil marriage notice requires that at least one of the parties to the marriage resides in the area for at least 30 days.[vii] When applying for a driver's license with an RTO, there is no minimum length for a person to reside in the area.[viii]


With all these neglects, do these rules help to remove the current social, political, economic, and legal stigma, or continue to violate the human rights and constitutional rights of every individual under the guise of "Transgender"?
Plus, there is an urgent need to protect transgender people against sexual abuse and rape, the present provision is sadly inadequate as it does not allow for definitive measures which specify the exact non-consensual acts that should be prohibited. And to deal with trauma and violence, crisis counselling services can be set up along with rape and crisis intervention centres.


The centre considered the criticism received from the LGBTQ community on the draft for depriving them of their dignity by requiring officers, such as District Magistrate, to verify and certify the gender of a person. On 25th September 2020, the Union Ministry of Social Justice and Empowerment issued a notification[ix] on the Transgender Persons (Protection of Rights) Rules, 2020, which stated that transgender people will no longer have to undergo a medical examination to declare their desired sex[x]


[i] National Legal Services Authority vs. Union of India [(2014) 5 SCC 438]
[v] Pg. 43,
[vii] Section 15 (f), The Special Marriage Act, 1954
[viii] Section 9, The Motor Vehicles Act, 1988
[x] , visited on 3rd October 2020 


Are there laws for stalking in India? Stalking is an act that is often dismissed as a harmless and innocent act, but it is an alarming and harrowing situation for the victim. It is the victim who ultimately has to bear the brunt, move to a different place, change jobs, and sometimes even their identity to evade the stalker. 

In 2018, 9,438 cases of stalking – one every 55 minutes, on average – were reported in India, as per the National Crime Records Bureau report released in January[1], which is almost double the number of cases as reported in 2014. The number of stalking cases reported has been increasing – 6,266 in 2015, 7,190 in 2016 and 8,145 in 2017. The crime rate has increased from 0.8 in 2014 to 1.5 in 2018. Though more cases of stalking and sexual harassment are being reported, it is likely they are being under-reported. Also, most accused keep harassing the victim even more to withdraw their complaint filed against them. 

Stalking is much more widespread than most people think, particularly the social justice experts. This underlines the fact that stalking is an important policy issue for the criminal justice system, for organizations offering care to victims of abuse, and for activists dealing with violence against women. 


Stalking is habitually associated with harassment and torment by a person who fanatically pursues someone. There are various psychological reasons behind stalking like severe narcissism, hatred, rage, retribution, envy, obsession, psychiatric dysfunction, power and control, sadomasochistic fantasies, sexual deviance, internet addiction or religious fanaticism. Stalking sometimes leads to other criminal offences like theft, abduction, house-breaking, extortion, trespass, acid attack etc. 


Stalking has become very common in today’s world, that makes people wonder if there are laws for something as common as this. The reason why such an act is claimed to be common is that it is happening at every corner of the world every minute. The number of cases of stalking are increasing day by day which at the same times makes it more dangerous. 

There are some laws regarding stalking and abusing women through such acts in India under the Indian Penal Code, 1860. They are:

1. Section. 354 D – Stalking [2]: “(1) Any man who— i. follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, email or any other form of electronic communication commits the offence of stalking;..” 
The section was added by Criminal Law (Amendment) Act 2013 post Delhi gang-rape case. This section takes into account both, the physical stalking and cyber stalking. A man is said to have committed stalking if he follows a woman and contacts or attempts to do so to foster personal interactions after she clearly and repeatedly indicates her displeasure.[3] The section clearly mentions that if anyone tries to monitor the activities of a woman on internet, it will amount to stalking. Thus, if the stalker indulges in any of the activities defined in the section, he shall be guilty of the offence under this provision. 
2. Section 509 of IPC, relates to the modesty of women, reads as follows: “Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished...” 
The essential ingredients to be proven under this section are: 
  • any gesture or through words or sound or exhibits an object
  • intention for it to be heard or seen sent by e-mails, messages or posted on social media.
Such an act if done, a person shall be guilty under Sec.509 and shall be punished with 3 years of imprisonment and fine. 

Some drawbacks under these sections are as: 
  • the section only considers “women” to be the victim and ignores the fact that even men can be the victim
  • the legislators have not mentioned the “method of monitoring.” It might happen that the person might lack the intention but his actions amount to stalking.
  • Intention to insult a woman cannot be assumed from communications on the internet.
3. Section 292 of IPC defines “obscenity”. The offence of cyberstalking takes within its purview the act of sending obscene materials to the victim on a social networking site or through emails or messages etc. Where the stalker attempts to deprave the other person by sending any obscene material on internet with the intention that the other person would read, see or hear the content of such material then he shall be guilty of the offense under Section 292 of Indian Penal Code. 

4. Section 507 of IPC relates to “criminal intimidation by anonymous communication.” This section states that where the stalker tries to hide his identity so that the victim remains unaware of the source from where the threat comes, it amounts to an offence. Thus, it ensures the very characteristic of cyberstalking i.e., anonymous identity is blocked. The stalker shall be guilty under this section if he attempts to conceal his/her identity. 

5. Section 67 of Information Technology Act[4] : This section relates to publishing obscene material in “electronic form”. If a person tries to publish any obscene material about the victim on social media i.e., in electronic form so as to bully the victim, he shall be punished with an imprisonment extending up to three years and fine for the first conviction and up to five years and fine for the second conviction. 

6. Section 67A[5] has developed a special category of material called ‘sexually explicit act.’ Publishing, distributing or allowing any information to be distributed is punishable by imprisonment for the first conviction up to five years and a sentence of up to seven years and a fine for the second conviction. 


There is a major drawback when it comes to enforcing such laws. One of the reasons for omitting these cases is a lack of understanding of the law by the police officers. Lack of understanding of the law can also be blamed on movies and TV shows for normalizing and romanticizing stalking. These play an important role, as they affect the psyche of a person and makes them think that it is a normal act of showing love. This toxic culture now pervades our society and inevitably affects our perception of the offence itself. 

A sad reality is that sometimes victims are asked to ignore such cases while registering a case. The crime is normalised & trivialized by such statements and the seriousness of this crime is not seen. Victims are told to ignore it instead of taking strict action against the accused, they are blamed and commented upon and even complaints are not registered. 


Some measures that can be taken in this regard are 

1. The trial must be time bound and the trial must be done quick in order to ensure that the victim is not harmed further. Also, it may lead to an increased conviction rate if the accused is left free to roam. 

2. The offence should be made non-bailable for first-time offenders too. This measure must be put in place as cases of stalking can turn into more severe/ heinous offences when the offender roams free. When it comes to stalking, the psyche, intention and mental state of the accused has to be taken note to make sure such offences are not repeated. 

3. Complaints made possible through an online or telephonic medium. The government should create a national helpline number for reporting such crimes. It should also be backed by a quick response team of police officials in each city for providing immediate help in cases of emergency so as to help prevent such crimes. 

4. Lack of an exclusive machinery to deal with stalking cases, has been argued as the primary reason for paucity of impact of the present laws. 

5. The laws should be made neutrally for both men and women. 

Additionally, there is fear instilled in the victim’s mind about registering a complaint with the law enforcement authorities due to lack of sensitisation and empathy shown towards the victim. 


Stalking laws are relatively young laws which are still unknown to the majority. It is of utmost importance that people must be educated about such laws so that it helps them deal with and tackle such situations. It helps them while dealing with such an issue. There has to an end against such crimes against people, especially women and its seriousness has to be acknowledged if we are to create a rule of the law society. A stalked victim is not only mentally harassed, but also physically harassed, teased and a woman may also be outraged with her modesty. Although IPC provides for a provision for Stalking, it does not clarify anything regarding cyberstalking. The laws must also be amended to keep up with the evolving terms. After all, the well-being of a law depends upon the use of it by the people. 

This article is authored by R.Sumedha.



2. Section 354D – Stalking : Indian Penal Code, 1860, No.45, Acts of Parliament, 1860.

3. P.S.A. Pillai’s Criminal Law, 14th Edition, LexisNexis, Chapter 37, pg. 797.

4. Information Technology Act, 2000, No. 21, Act of Parliament, 2000.

5. Section 67A- Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.: Information Technology Act, 2000, No. 21, Act of Parliament, 2000.

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 What is Unlawful Activities Prevention Act (UAPA)?


When too much power is vested in the hands of the government, there is a possibility of misuse of such power. A democracy functions efficiently only when the people of the country keep the government in check. When laws are made which take away such power from the people, they also take away the very essence of democracy. A democracy only stands true to its meaning when the government is of the people, by the people and for the people. 

When we think of the Emergency in India, one of the most prominent recollections we have is, of hundreds of people being jailed and being tagged as anti-national under the Maintenance of Internal Security Act (MISA). They were considered a threat to national security. However, these people were only criticizers of the government. It has been 43 years since the Emergency was lifted. Governments of different parties and different combinations have come to power. Unfortunately we have a very similar law which has been amended and passed in Parliament in 2019- The Unlawful Activities (Prevention) Act.

Tracing the Genesis of the Act

In the year 1967, the Congress led government enacted the UAPA which allowed the government to put so-called reasonable restrictions on the right to association and gave the government the right to deem any organisation unlawful on the basis of their activities. It was supposed to have been enacted in the interest of the sovereignty and integrity of India. The UAPA was always viewed as a draconian law as it allows arbitrary restrictions on Fundamental Rights of citizens, which according to the government are reasonable restrictions

In 2019, the NDA led government amended the UAPA which allows the Central Government to declare any individual or person as “terrorists”. 

Inherent Flaws in the Amended Act

The government said that this Act would help in reducing terrorist activities across the country. The Act also does not define the word “terrorist activities” which allows room for interpretation. This is where the problem actually lies. 

The law gives unrestricted power in the hands of the government under the garb of national security which instead of protecting the citizens, targets them for even carrying out democratic activities. It is being used to criminalize any movement or protest which is against the narrative of the ruling party and can be used to target dissenting citizens. The centre has the power to interpret the words to its own convenience and punish citizens. Since it is an ill-defined law, loopholes can be found and can be used to the centre’s advantage. An individual can be called a “terrorist” by the Government of India without adequate evidence. This will harm the reputation of a person in society. A tag of “anti-national” and a “terrorist” will always linger on them.

The UAPA also violates the Fundamental Right to Fair Trial and the presumption of innocence which are the backbones of the legal system in India. Every individual is innocent until proven guilty. This makes it next to impossible for the accused to secure bail as he is required to prove his innocence even before the beginning of the trial. The burden of proof lies entirely on the person who has been arrested as the Act provides no provision for him to challenge the government’s claim before they publish it in the Gazette. Such sweeping powers in the hands of the centre can prove to be troublesome. The act weakens the federal structure of governance in India and gives too much power to the centre. 

While it is essential to ensure stricter laws in order to combat terrorism, it is the duty of the Legislature to ensure that laws that are enacted are not in direct contravention with the Fundamental Rights of the citizens. The UAPA interferes with the right to life and personal liberty (Article 21) as guaranteed by the Constitution. It takes away the right to freedom of speech and expression (Article 19). At an international level, the amendment violates the Universal Declaration of Human Rights and The International Covenant on Civil Liberties and Political Rights.

A recent incident when the UAPA has been used rampantly was during the anti CAA-NRC protests. Student leader, Umar Khalid and Jamia Islamia students, Safoora Zargar and Meeran Haider were detained for allegedly being involved in the Delhi Riots. Prominent persons such as Anand Teltumbde and Gowhar Geelani have also been arrested under the UAPA. The act does not treat Indian citizens as citizens of a democracy. The question, therefore, is that, are these arrests even constitutional if they are in violation of the Fundamental rights of citizens. (Safoora Zargar has been given bail on Humanitarian Grounds as she is pregnant)

While national security and the protection of citizens are of great importance, the Legislature must ensure that the Civil Liberties of citizens are not being suppressed. Unfettered power in the hands of the Centre is worrying and can infringe upon the rights of citizens. While the government has time and again reaffirmed that the amendment will reduce terrorism and keep it in check, it gives the government absolute power to punish anyone without sufficient evidence. It is necessary that the government is answerable to its citizens and that transparency is maintained in the system in order to ensure that democracy is in check.

This article is authored by Aradhana Pillai

Image Credits: Jagran Josh



The period before Insolvency and Bankruptcy Code, had various scattered laws relating to IBC which caused insufficient and ineffective results with extreme delays. Considering this, the IBC in 2016 was introduced as money bill recommended by TK Viswanathan Committee. IBC predicts resolution of Corporate insolvencies in two-stage procedure. First stage is the CIRP process that is the Corporate Insolvency Resolution Process and the Second stage is the Liquidation process that is Winding up. IBC was established in 2016 with 255 sections and 11 schedules.

The Code combines two bodies that is the IBBI and the Adjudicating authorities.
  • The IBBI (Insolvency and Bankruptcy Board of India) is the regulatory body for Insolvency Resolution Process.
  •  Adjudicating authorities – The Limited Liabilities Partnerships (LLPs) and the other companies is left up to National Company Law Tribunal (NCLT) and the Adjudication of Partnerships and the individuals is left to Debt Recovery Tribunal (DRT).
And here, the most awaited Insolvency and Bankruptcy Code has finally declared on 5th June of 2020. That is the Changes in the threshold limit, Implementation of Ordinance, Introducing a new section, Amendment to a particular section and there are some of the changes that leads to development that have been taken place in the law in the last four months of the Insolvency Code during this pandemic crisis. 


There is an increase in the threshold limit for filing an application or petition under section – 7, 9, 10 of Insolvency and Bankruptcy Code. 

Section – 7 of the code allows Financial creditor to file for initiating the Corporate Insolvency Resolution Process (CIRP) against a corporate debtor, Section – 9 provides for application of insolvency by an Operational creditor, while Section – 10 is for initiation of insolvency proceedings by a Corporate applicant. 

The threshold limit of default has been increased from 1 Lakh to 1 Crore. This has been done for safeguarding the MSME sectors that is Micro, Small and Medium Enterprises. The MSME sectors contributes around 34% of our GDP ( Gross Domestic Product) and it also employs around twelve crore people of Indians. So, the default amount has been increased, mainly giving relief to MSME sectors in specific.
So, the Government planned to increase the default. Only when there is a default of more than 1 Crore, the Creditor or the Company is allowed to file a petition under Section – 7, 9, 10 of the Insolvency and Bankruptcy Code.


The most important development in the Insolvency and Bankruptcy Code is the Implementation of Insolvency and Bankruptcy Code. This Ordinance has made two large changes to the Insolvency and Bankruptcy Code. Here, nowhere this Ordinance talks about MSME sectors.


This Section – 10(a) of IBC does not withstand with anything contained in Section – 7, 9, 10 of IBC. Section – 10(a) explains regarding suspension of Insolvency code. Everyone must understand that the entire Insolvency filing of new petition is not suspended.

According to the nature and extent of the protection granted by the Government under Section – 10(a), it provides a protection period and the protection period is from 25th of March 2020 till 24th of September 2020, this is the first step of protection period which is granted and it is for a period of six months and it may extend to a year from date modified and not exceeding one year.

During this time of Pandemic crisis, many companies are declared Bankruptcy and faced disruption to normal business. This Ordinance provides them calmness. Borrowers may see it as a temporary relief. So, during this protection period if any default is committed by the company, there can be no action taken against them under Section – 7, 9, 10 of Insolvency and Bankruptcy Code.

For instance, if there is a default in payment of invoices in the month of April 2020 or May 2020 and the company does not able to pay them and this is a default during this protection period, from 25th March to 24th September, the company is protected under Insolvency Code, if the default is committed during this protection period. 
And if the question raises asking that how long this protection available to the company. For that, if there is a default in payment of invoices in April or May 2020, in this case, one cannot file a petition under insolvency code for a period of 6 months after that, they are eligible to file a petition under Section – 9 of Insolvency Code. The default committed in this period of 6 months or further period as the Government may extend up to 1 year, if there is a default, ‘ You can never find an Insolvency petition’.
The Specific words mentioned in a proviso to Section – 10(a), i.e., “Provided that No application shall ever be filed for initiation of Corporate Insolvency Resolution Process of a corporate debtor for the said default occurring during this protection period”. One can never file an insolvency petition for the default occurring during this six month protection period or even thereafter

The another aspect of Section – 10(a) is, What if the default is committed on 24th of March 2020 or some prior period of 25th March 2020. In this case, one cannot wait for the expiry of the protection period. They can initiate an insolvency petition at any time provided it is within limitation for the default committed on 24th March 2020 or some prior period to 25th March 2020.


The Second most important amendment, which has been introduced by the Insolvency Ordinance and this is an amendment to Section – 66. This amendment gives relief to the directors and partners of the corporate debtors during this protection period. This Ordinance protects a director of a company and the partners from proceedings that are being initiated against them for a wrongful trading.

Section – 66 of Insolvency and Bankruptcy Code deals with the fraudulent trading and wrongful trading. If a person knowingly parties to the carrying on of business with a dishonest intend to defraud Creditors, to make contributions to the assets of the corporate debtor as per the order of the Adjudicating authority. In this provision, the directors of the company and the partners of the LLPs are made liable for such debts where the company had been fraudulently trading or wrongful trading, they will be made liable for such debts. This section has been slightly amended by the Insolvency Ordinance. This Ordinance does not talk about any aspects of the fraudulent trading, it is about wrongful trading.

So, if the company is in bad shape but they wanted to continue the business even in the financial trouble, it is like when a company pays the employees before paying the bank and continues the business, and then in such a case the Government has protected them from their personal liabilities for this default period that is during this protection period of six months. So, now when you continue the business even in the turbulent times, the directors and the partners are not made personally liable.

The changes in the Insolvency and Bankruptcy Code deals with the developments of the business. Insolvency Ordinance has bought a few changes in the law with the IBC. The President of India promulgated the Insolvency and Bankruptcy Ordinance on June 5th of 2020. It gives relief to the company who are unable to pay debts or companies with default during this pandemic crisis, the protection period planned by the Government has helped them a lot. Many companies has declared bankruptcy and facing disruption in the business. This amendment gives relief to those companies which are suffering. This Ordinance and amendments strongly leads to a development in the Insolvency and Bankruptcy Code.


Sneha Mahawar


The last major step which was taken in the field of education was that Article 21A was inserted in the Indian Constitution ie, the Right to Education which provides free and compulsory education for the children between the age group of 6 years to 14 years. It was in the year 2009 and also mandated a 25% reservation for disadvantaged sections of the society. It also enforced education as a Fundamental Right.


In India, the National Education Policy was introduced for the first time in the year 1968 under the Government of Indira Gandhi who is the former Prime Minister of our country. The second National Education Policy was introduced in the year 1986 under the Government of Rajiv Gandhi which was modified in the year 1992 by the P.V. Narasimha Rao Government. After 34 years of no change in the education policies and education system, a new policy of education is introduced known as the ‘National Education Policy 2020’ under the Narendra Modi Government.


The National Education Policy came into force on 29th July 2020. This policy has been made and drafted with a holistic approach that provides an equal share for academic, vocational, and extracurricular activities. The main focus is to motivate the students and help them develop skills as per their area of interest and field of choice. This approach helps the students to face the atrocities of the real world immediately after their education is completed.


The main aim to introduce this policy is to-

       make India a Global Knowledge Superpower.

       facilitate a comprehensive, participatory, universal, holistic approach along with a variety of field experiences.

       take a progressive shift towards a scientific approach in the field of education.

       cater to a child’s needs in a better manner.

       make India at par along with the other leading countries of the world.

       increase the standard of education.

       achieve global standards of education.


In the year 2014 Bharatiya Janata Party (BJP) had promised to bring a new ‘National Education Policy’ in their manifesto. In 2015, when Smriti Irani was at the post of HRD Minister (Ministry of Human Resource Development) a new committee was formed in which T.S.R.Subramanian was appointed as its chairman. This committee submitted a report on the Education Policy on 7th May 2016. The main objective of the report which was submitted by this committee was to improve the education quality, bring the credibility of the education, addressing the gaps in the existing education system, and implementation of the new policies. The draft policy made by the committee was released and made open to new suggestions but nothing was brought into action. In 2019, under the chairmanship of Dr. K. Kasturirangan who is a former ISRO Chief, a new committee was formed. The committee constituted 9 members and drafted a National Education Policy in the same year that is 2019 which is now passed and is known as the National Education Policy 2020.


Three most important changes in this new National Education Policy

       HRD Ministry (Ministry of Human Resource Development) has been retitled as the Ministry of Education (M.Ed.).

       The government has proposed to increase the GDP(Gross Domestic Product) Investment in Education from 1.6% to 6%.

       A focus has been shifted towards the Gross Enrollment Ratio and is stated that it will be increased to 50% by the year 2035.


The 10 + 2 structure in the education system has been replaced with 5 + 3 + 3 + 4 structure. So, now it includes 12 years of schooling and 3 years of pre-schooling/ Anganwadi/ Balvatika. Number 5, the first part of the new structure includes pre-schooling of three years and schooling for the students of classes 1 and 2. Number 3, the second part of the new structure includes schooling for the students of classes 3, 4, and 5. Repeated number 3, the third part of the new structure includes schooling for the students of classes 6, 7, and 8. Lastly, number 4, the fourth part of the new structure includes schooling for the students of classes 9, 10, 11, and 12.

Changes in School Education

       Students will be taught coding from class 6.

       The mother tongue can be selected as a medium of instruction till the students of class 5 to keep the local language in the grip.

       A 360-degree holistic report card will be made which will not only contain academic, co-curricular, and practical results but also the skills and capabilities of a student.

       The Board examinations for classes 10 and 12 will be made easier and to test the core knowledge rather than sticking to memorising of facts. Moreover, each student would be able to take the examination twice and the best of two attempts will be taken into consideration.

       The Board examinations will be redesigned and a more holistic approach will be adopted such as dividing the examination into two parts- descriptive and multiple-choice questions.

       Both public and private schools shall be governed by an independent authority.

       A great emphasis will be put on the Foundational Literacy and Numeracy. There would be no rigid separation between academics and other vocational and extracurricular activities at school.

       To keep a track of a student's progress throughout school years and not just in Classes 10 and 12, all the students will have to take school examinations in class  3, class 5, and class 8 which will be conducted by the suitable, relevant authority. These examinations will focus on testing the achievements of a student’s basic learning outcomes via assessing the core concepts and the knowledge from the prescribed curriculum along with required relevant skills and application of knowledge in real-life situations, rather than mere memorising.

       As per the National Economic Policy, 2020 every student will have to take a fun course, during classes 6 to 8 such as pottery, carpentry, gardening, etc., as made clear by the States and the local communities. All students will have to take part in a ten day bagless period sometime during class 6-8 where they will be given an opportunity to do an internship with local experts such as potters, artists, carpenters, gardeners, etc. Similar internship opportunities to learn vocational subjects may be made available for the students throughout classes 6-12, including the holiday periods for them.

Changes in Higher Education

       The holistic undergraduate program will be introduced which will include flexible curriculum, vocational subjects, and interdisciplinary combination of subjects. This means that the strict division of streams like science, commerce, and humanities will no longer exist in higher education and students will be able to make their combination of subjects.

       In terms of language, Sanskrit will be offered for learning at every level of education. Moreover, other classical languages will also be available as an option at every level of education.

       The term ‘Academic Bank of Credits’ has been introduced which means that if a student wants to explore a different field of education from what he was pursuing previously he can take a one-year sabbatical from the stream and explore the new arena. On their return, they can rejoin without wasting any academic year from the same position they left by taking a year off.

       Undergraduate and Postgraduate courses have been made flexible by creating multiple entries and exit options.

       The Degree of MPhil has been discontinued.

       To encourage multidisciplinary education, ‘Multidisciplinary Education and Research Universities’ (MERU) will be created at the level of IITs and IIMs.

       To foster research culture in higher education the ‘National Research Foundation’ will be set up as an apex body. Along with this, the Higher Education Commission of India (HECI) will set up this foundation as a dedicated and sole body of research. But it will exclude medical and legal education. HECI will have four independent names,

(a)   The National Higher Education Regulatory Council (NHERC) is made for regulating;

(b)   The General Education Council (GEC) is made for the setting of standards;

(c)   The Higher Education Grants Council (HEGC) is for the funding;

(d)   The National Accreditation Council (NAC) is for accreditation, acknowledging and reconising.

       By the year 2035, the Gross Enrolment Ratio (GER) will be raised to 50% from 26.3% in present.

       All higher education institutions, whether public or private, will be governed by the same set of norms, standards, regulations, and academic standards.

       The National Testing Agency (NTA) will be offering a high-quality common aptitude test (CAT), as well as a specialised common subject exams in the streams of sciences, humanities, languages, arts, and vocational subjects, at least twice every year for university entrance exams for students.

       For any graduation course if the student completes only one year of  education he will be eligible to get a basic certificate, if the student completes two years of education then he will be eligible to get a Diploma certificate and if the student completes the full course then he will be eligible to get a degree certificate. This change is adopted so not a single year of any student will be wasted if he discontinues from the course. A certificate will be issued after a student completes one year in a discipline or field which also includes vocational and other professional areas, or a diploma after a student completes two years of such study, or a Bachelor’s degree after a student completes a three year program. However, the four year multi-disciplinary Bachelor's program, shall be a preferred option since it provides the opportunity to experience the full range of holistic and multidisciplinary education in addition to a focus on the chosen major and minors subject as per the choices of the student.

Changes for Teachers

       After consulting with NCERT, National Curriculum Framework for Teacher Education, NCFTE 2021 will be created which is a new and comprehensive curriculum for teachers.

       10 years down the lane that is by the year 2030, the minimum degree which will be required to qualify for teaching will be a 4-year integrated B.Ed. (Bachelor of Education).

Other changes

       National Educational Technology Forum (NETF) will be created which will be an autonomous body to provide a high platform for the free exchange of innovative ideas on technological usage, learning, administration, planning, and assessment of them.

       Performance Assessment, Review, and Analysis of Knowledge for Holistic Development (PARAKH) which is a National Assessment Centre has been created to assess the students.

       This National Education Policy 2020 has paved a way for foreign universities to set up their campuses in India.

       An emphasis has been made to set up the fund for gender inclusion and special education zones to help the people of disadvantaged regions and groups.

       It has been decided to set up the National Institute for Pali, Persian, and Prakrit, an Indian Institution of Translation and Interpretation.

       The Ministry will set up a dedicated unit for creating digital infrastructure, content, and capacity building. The integration of technology will be done to improve classroom processes.

       The meritorious students who belong to SC, ST OBC and other socially and economically disadvantaged groups will be given incentives.

       The private institutions will be encouraged to provide scholarships to their students.

       The standalone health science universities, technical universities, legal and agricultural universities will be aiming at the becoming of multi-disciplinary institutions.


1.      Strengthening the Central Advisory Board of Education (CABE)

The CABE will continuously monitor the framework of education so that it can attain the vision and act as an authority in need of any decision making. The first step is taken by replacing MHRD as MoE. It will evaluate, articulate, develop, and revise the vision of education.

2.      Financing

Affordable and quality education can be financed by investing in education and increasing the GDP and GER. Further investment can be made for research universities and other such centers of learning and education. Infrastructural development can also be improved by investing.


Hence, the National Education Policy, 2020 aims at raising the standards of Indian education and meeting international standards of education. It further creates many impactful changes for teachers, universities, students in school, and higher education. This policy takes hold of the holistic approach and will be effective if implemented and executed as per the planning.