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Showing posts from December, 2023

Domestic Violence Act, 2005

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  Introduction:  Domestic Violence Act, 2005 In societies worldwide, domestic violence stands as an issue that casts a shadow over the well-being of individuals and the progress of communities. It can be defined as a pattern of ‘abusive behavior within intimate relationships’. Our constitution serves as a guardian, protecting our individual rights. Beyond individual suffering, the societal impact of domestic violence undermines the foundations of a healthy and thriving community. This article delves into the legal provisions in India aimed at combating domestic violence, shedding light on the rights of victims and the responsibilities of law enforcement agencies. What is Domestic Violence? Domestic violence refers to one person seeking to gain power and control over another through physical, emotional, sexual, verbal, or economic means. It is a form of violence that occurs within the context of a domestic setting, such as a marital or cohabiting relationship. Domestic violence can mani

Kidnapping and Abduction: Key Differences

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  Introduction Kidnapping and abduction are two terms often used interchangeably to describe the act of taking someone against their will. In this comprehensive article, we aim to provide answers to the fundamental questions, like, What exactly is kidnapping, and how does it differ from abduction? What are the various types and forms that these actions can take? By exploring the definitions, types, and forms of both kidnapping and abduction, we’ll uncover their key differences, offering you a complete understanding of these critical concepts. Kidnapping and Abduction Kidnapping Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often with the intent to demand a ransom or exert control over the victim for various reasons. It typically involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical and

Legal Rights of Persons with Disabilities in India

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  Introduction In India, the legal framework for protecting the rights of persons with disabilities has undergone significant transformation over the years. The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is a landmark legislation that aims to promote inclusivity, non-discrimination, and equal opportunities for persons with disabilities. India is a signatory of the United Nations Convention on the Rights of Persons with Disabilities. This Convention imposed a duty on the states, civil society, and private individuals to ensure the protection of the rights of disabled persons. This article provides an in-depth look at the legal rights provided to persons with disabilities in India. What is disability? In general, disability refers to a condition or impairment that may limit a person’s physical, sensory, intellectual, or mental abilities, leading to difficulties in performing everyday activities. Disabilities can be congenital (present at birth) or acquired due to illness, i

Legal Considerations for Landlords: Rent Control Act and Eviction Laws in India

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  Being a landlord in India entails various legal responsibilities and obligations. One crucial aspect that landlords must navigate is the complex landscape of rent control and eviction laws. These laws aim to strike a balance between protecting tenants’ rights and ensuring fair treatment for landlords. This article provides an overview of the legal considerations landlords need to be aware of regarding rent control and eviction laws in India. Also, it answers various questions including ‘Can police be called to evict a tenant?’ and ‘How much can rent increase under the Rent Control Act?’ Rent Control Act and Eviction Laws in India What is Rent? Rent is a periodic payment made by a tenant to a landlord in exchange for the use and occupation of a property. It is typically agreed upon in a lease or rental agreement and can vary based on factors such as location, size, amenities, and market demand. According to  Section 194-I  of the  Income-tax Act, 1961 , the word “rent” is defined as “