Find Best criminal and divorce lawyer in India

Get expert legal advice and guidance on law related issues from the best lawyers in India i.e. Criminal lawyers, Divorce lawyers, Family Counselling along with Property law, Consumer law, Muslim Law and Labor Law etc. People face several problems even sometimes unable to protect their rights in dearth of legal understandings.

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If you are seeking legal advice and professional assistance from the best criminal lawyer in India or you are facing any criminal charges or arrested for a crime against a person, property or any other criminal offenses. A top rated criminal lawyer in India may defend your rights at each stage of your case, i.e. filing an anticipatory bail, regular bail, appeal after conviction and quash an FIR. Seek advice from the best Criminal Lawyers in India.

Marriage, the relationship that exists between a husband and a wife. Simply the marriage can be termed as legally or formally accepted integration of two people as partners in a personal relationship. Sometimes, due to few circumstances the spouses decide to terminate the marital rights and responsibilities between them. A dissolution of marriage is a legal process that substantially affects your financial and personal life. Therefore, you should take a ‘Family Counselling‘ before start your divorce process to gain basic understanding about the divorce process together with the pros and cons of it. ‘Family Counselling’ may help you to bridge the gap between you and your spouse. Having a good divorce lawyer from India you can easily handle the long distressing process of divorce.

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Before going for a divorce, everyone should be aware about the facts and figures correlated with a dissolution of marriage. The divorce disputes and procedures almost continue for years in India.

The following sorts of divorces takes places

  • Mutual Consent Divorce
  • Divorce Without Mutual Consent
    • Cruelty
    • Adultery
    • Desertion
    • Conversion
    • Mental Disorder
    • Communicable diseases
    • Renunciation of the World
    • Presumption of Death
  • Annulment Of Marriage
  • Contested Divorce
  • Foreign Divorce
  • NRI Legal Services

 

Performing the upper signed long distressing process for the dissolution of marriage could be easier with the help of best divorce lawyer in India while filing  or defending your

  • Divorce petition
  • Alimony
  • Domestic violence (DV),
  • Interim maintenance 125 CrPC
  • Dowry harassment u/s 498a
  • Women cell complaints, etc.

Anti-trafficking Draft Bill, 2016 – Salient features, Plus points and Shortcomings

As per the U.N. Office for Drugs and Crime, South Asia, with India at its centre, is the fastest-growing and second-largest region for human trafficking in the world, after East Asia. Thousands of Indians largely poor, rural women and children are lured to big cities each year by traffickers who promise good jobs but sell them into domestic or sex work or to industries or factories.

The draft of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016 was released on 30th May 2016. Unveiling the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016, Union Minister Maneka Gandhi said the draft bill aims to unify existing anti-trafficking laws, prioritise survivors’ needs, and prevent victims such as those found in brothel raids from being arrested and jailed like traffickers.

The object of the Bill reads as, “to prevent trafficking of persons and to provide protection and rehabilitation to the victims of trafficking and to create a legal, economic, and social environment against trafficking of persons and for matters connected therewith or incidental thereto

Salient features of the Bill

The draft legislation provides for special courts to expedite trafficking cases, more shelters and a rehabilitation fund to help victims rebuild their lives. The draft bill makes providing narcotic drugs or alcohol for the purpose of trafficking, and using chemical substances or hormones for purposes of exploitation offences. It provides for Protection Homes and Special Homes for short term and long term rehabilitation support. For speedy trial with a view to increase prosecution and to reduce the trauma faced by the victims, the proposed draft Bill provides for establishing Special Courts in each district and experienced Special Prosecutors.

Anti-Trafficking Committee – The Bill provides for anti-trafficking committees – at district, state and central levels – with government officers and NGO representatives to mobilise efforts to prevent, rescue, protect and rehabilitate victims of trafficking, in addition to providing medical care, psychological assistance and skills development.

Special Agency – The Bill provides for a Special Agency to be constituted by the Central Government for investigation of offences under the provisions of the Act.

Anti-Trafficking Fund – The Bill provides for the creation of a fund for the effective implementation of the Act and also for the welfare and rehabilitation of the victims.

Punishment for disclosure of identity – Any newspaper, magazine, etc. who discloses name, address, etc. of a victim or a witness of a crime of trafficking shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both.

Narcotic drugs, psychotropic or alcoholic substances for trafficking – Any person whoe uses any narcotic drug or psychotropic substance, or alcohol, for the purpose of trafficking shall be punishable with imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees.

Use of chemical substance or hormones for the purpose of exploitation – Any person who administers any chemical substance or hormones to a trafficked woman or a girl or a child for the purpose of early sexual maturity and exploitation shall be punishable with imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees.

Confiscation, forfeiture and attachment of property – The Bill provides for the provision for confiscation of property of any person accused of using narcotic drugs, psychotropic or alcoholic substances for trafficking or using chemical substance or hormones for the purpose of exploitation or accused of section 370-373 of Indian Penal Code, 1860.

Plus points of the Draft Bill

1. Rehabilitation has been recognised as a right

2. Provision for shelter homes in every district for women

3. Provision of a fund for welfare and rehabilitation of victims of trafficking

4. Emphasis on medical check-ups and treatment after returning home

5. Provision for special court and special public prosecutor for trafficking issues

6. Provision for Confiscation and attachment of the traffickers’ properties to pay for fines

Shortcomings of the Draft Bill

1. The draft bill has not clearly defined trafficking, whether it would include those taken for organ harvesting or forced labour.

2. There is nothing in the Bill about preventing re-trafficking.

3. The draft bill does not talk about modes of rehabilitation and who will be responsible.

4. It is not clear how the government intends to set up the Organised Crimes Investigation Agency, as ordered by the Supreme Court, to investigate trafficking.

5. There is no provision for punishment of police officers who misguide or don’t do their duties properly or prevent victims from giving their statement to the magistrate after being rescued. Also there is no punishment for poor investigation.

6. The draft bill talks about a special investigative agency, but its structure, composition, powers and function are unclear.

7. The draft bill talks of an Anti-Trafficking Fund, but it is not clear what the money will be used for.

8. There is no provision for the compensation to trafficking survivors or their families

9. There is no provision for mistreatment with trafficking survivors at the shelter homes

Law on Eve-Teasing in India

Eve-teasing is passing of objectionable or adverse remarks to a woman in a public place like street, market, malls, public transportation, etc. The term ‘Eve-Teasing’ has not been defined in the Indian law. The term ‘eve teasing’ has some demerits. Eve represents temptress and the term actually signifies that eves (women) tempt or provoke males for vulgar comments and behaviors. Ironically, that also means women cause the problem and are also a victim to it. But that is almost like blaming the victims for their sufferings. It also depicts an element of male chauvinism.

The term ‘eve-teasing’ refers to sexual assault or sexual harassment of women, verbally or by making vulgar gestures. Eve-teasing in simple words means harassment of a woman by making vulgar gestures, sexual remarks, winking, whistling, staring, touching her inappropriately, groping, etc.

As per the guidelines given by the Supreme Court in the case of Vishakha v. State of Rajasthan dt. 13-8-1997, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:

  1. physical contact and advances;
  2. a demand or request for sexual favours;
  3. sexually colored remarks;
  4. showing pornography;
  5. any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Law on Eve-teasing in India

Prior to 2013 the law on sexual harassment was not so wide and clear. Earlier the sections dealing with sexual harassment were 294 (Obscene acts and songs), 354 (Outraging the modesty) and 509 (Insulting the modesty) of the Indian Penal Code, 1860. But after the passing of the Criminal Law (Amendment) Act, 2013, the offences of Sexual harassment (354-A, IPC), Disrobing (354-B, IPC), Voyeurism (354-C, IPC) and Stalking (354-D, IPC) were added, thus expanding the meaning of the sexual harassment.

  1. Obscene acts and songs

Section 294 intends to promote public decency and morality.

Section 294 of the IPC punishes a person if he annoys by:

  1. Doing any obscene act: or
  2. Singing, reciting or uttering any obscene song, ballad or words

Punishment – Maximum 3 months or fine or both

Bailable Offence

  1. Outraging the modesty of a woman

According to Oxford English Dictionary (3rd Edn.) modesty is the quality of being modest and in relation to woman means “womanly propriety of behavior; scrupulous chastity of thought, speech and conduct”.

Section 354 of the IPC punishes a person if he assaults or uses criminal force with the intention of outraging the modesty of a woman.

Punishment – Minimum 1 year but which may extend to 5 years plus fine

Non-Bailable Offence

The expression ‘woman’ in section 354 includes woman of all age including a child. In the case of State of Punjab v. Major Singh dt. 28-4-1966, it was held by the Supreme Court that the essence of a woman’s modesty is her sex. Even a female of tender age from her very birth possesses the modesty which is the attribute of her sex.

  1. Insulting the modesty of a woman

Section 509 of the IPC punishes a person if he:

  1. utters any word
  2. makes any sound or gesture, or
  3. exhibits any object

With the intention 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.

Punishment – Maximum 3 years and fine

Bailable Offence

The object of section 509 is to protect the modesty and chastity of a woman. Any song, picture, or figure exhibiting lewd suggestions are considered as immoral and insulting women’s modesty.

  1. Sexual Harassment

Section 354-A of the IPC punishes a person if he commits any of the acts:

  1. physical contact and advances involving unwelcome and explicit sexual overtures; or
  2. demand or request for sexual favours; or
  3. showing pornography against the will of a woman; or
  4. making sexually coloured remarks

Punishment – Maximum 3 years or fine or both [For sexually coloured remarks – 1 year or fine or both]

Bailable Offence

  1. Disrobing

Disrobing is humiliating a woman publicly by stripping her or making her nude.

Section 354-B of the IPC punishes a person if he assaults or uses criminal force on a woman with the intention of –

  1. Disrobing, or
  2. Compelling her to be naked

Punishment – Minimum 3 years but which may extend to 7 years plus fine

Non-Bailable Offence

  1. Voyeurism

Voyeurism is the practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other actions usually considered to be of a private nature.

Section 354-C of the IPC punishes a man if he –

  1. Watches, or
  2. Captures the image of a woman, or
  3. Disseminates such images

Engaged in a private act or in the circumstances where she expects that no one is observing her.

However, if the victim consents to the capturing of the image or the act but not to the dissemination to third persons but still if the person disseminates those images then also he will be liable for the offence of voyeurism.

Punishment – Minimum 1 year but which may extend to 3 years plus fine [Subsequent conviction – Minimum 3 years but which may extend to 7 years plus fine]

Bailable Offence [Subsequent offence – Non-bailable]

  1. Stalking

Stalking is following or contacting the victim in person or monitoring her by electronic means despite indication of disinterest shown by her.

Section 354-D of the IPC punishes a man if he follows or contacts a woman despite clear indication of disinterest by such woman.

  1. Physically – Physically following or contacting or attempting to contact woman to foster personal interaction
  2. Electronically – Monitoring the use by a woman of the internet, e-mail or any other form of electronic communication

However, a person will not be liable for the offence of stalking if he proves that:

  1. It was pursued for the purpose of preventing or detecting crime
  2. It was pursued under any law or to comply with any condition or requirement
  3. There was reasonable or justified conduct

Punishment – Maximum 3 years plus fine [Subsequent conviction – Maximum 5 years plus fine]

Bailable Offence [Subsequent offence – Non-bailable]

What a victim should do?

The victim/complainant should immediately go to the nearest police station or the nearest women’s police station, or at the public grievance cell at the Commissioner of Police’s office and file a FIR. She should note that the FIR is written down in the register and take the registration number or ask for a receipt of the same. If there are further inquiries, being a woman, it is victim’s right to request the police to come at her home and collect the information. It is advisable to consult a lawyer before registering the F.I.R.

At the time of incident she can call on 100 (Police) or 1091 (Women helpline number)

Society and the Parents role in curbing eve-teasing

The eve-teasers belong to the society only. Whenever a girl faces eve-teasing she must raise a hue and cry immediately. Public reaction and condemnation scares the wits out of the eve-teaser. The public must help the victim and nab the eve-teaser rather than remaining a mute spectator. The people and the police must make sure that the deeds of the eve-teaser are known to his parents. This will make him feel guilty and the sense of shame will ensure that they never resort to such a thing again. Parents should talk with their daughters and ask them to be bold when faced by such an incident and they should also advise their sons to not ever indulge in such cheap acts. Obviously, family values influence one’s character and deeds.

Eve teasing is a form of sexual harassment indulged in by men, never mind their intelligence or their education. Eve teasing violates a woman’s basic right to live in dignity. Men need to change their attitude towards the woman. It is a complex problem and it requires more attention that what it has actually got.

 

Salient features of the Maternity Benefit (Amendment) Bill, 2016

The Maternity Benematerfit (Amendment) Bill, 2016 seeks to amend the Maternity Benefit Act, 1961. The Bill was introduced in the Rajya Sabha on August 11, 2016 and was passed by the Rajya Sabha on the very same day.

The Maternity Benefit Act, 1961 regulates the employment of women in factories, mines, plantations, shops or other establishments employing ten or more persons, except the employees who are covered under the Employees’ State Insurance Act, 1948, for certain periods before and after child-birth and provides for maternity and other benefits. The 2016 Bill amends provisions related to the duration and applicability of maternity leave, and other facilities.

Salient features of the Maternity Benefit (Amendment) Bill, 2016 are:-

  1. Duration of maternity leave – The 1961 Act states that every woman will be entitled to maternity benefit of 12 weeks. The 2016 Bill will increase this to 26 weeks.
  2. Maternity benefit prior to expected delivery – Under the 1961 Act, this maternity benefit should not be availed before 6 weeks from the date of expected delivery. The 2016 Bill changes this to 8 weeks.
  3. Maternity benefit for a woman having two or more children – If a woman has two or more children, the maternity benefit will continue to be 12 weeks, which cannot be availed before 6 weeks from the date of the expected delivery.
  4. Maternity benefit to adopting mother and commissioning mother – As per the 2016 Bill a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of 12 weeks from the date the child is handed over to the adopting mother or the commissioning mother.
  5. Provision for Crèche facility – The 2016 Bill introduces a provision which requires every establishment with 50 or more employees to provide crèche facilities within a prescribed distance. The woman will be allowed four visits to the crèche in a day. This will include the interval of rest allowed to her.
  6. Option to Work from Home – The 2016 Bill introduces a provision that states that an employer may permit a woman to work from home. This would apply if the nature of work assigned to the woman permits her to work from home. This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.
  7. Informing women employees of the right to maternity leave – The 2016 Bill introduces a provision which requires every establishment to intimate a woman at the time of her appointment of the maternity benefits available to her. Such communication must be in writing and electronically

Procedure of filing a Consumer Complaint

Who is a Consumer?

As per the Consumer Protection Act, 1986 the following persons are consumer:

consumer-complaint-court

  1. A person who has purchased goods for a consideration, i.e., he has paid some money for it.
  2. A person who has not himself purchased the goods but who uses the goods with the approval of the buyer.
  3. A person who hires or avails of any services for a consideration and includes any beneficiary of such services.

However, a person who has obtained the goods for resale or commercial purpose or has availed the services for any commercial purposes will not be a consumer.

Who can file a Consumer Complaint?

As per the Consumer Protection Act, 1986, the following can file a consumer complaint:-

  1. a consumer; or
  2. any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force; or
  3. the Central Government or any State Government,
  4. one or more consumers, where there are numerous consumers having the same interest;
  5. in case of death of a consumer, his legal heir or representative

Can a person file a consumer complaint from its own?

A person can file a consumer complaint from its own and there is no need to engage a lawyer for the same. However a person can also file it through an authorized person/Advocate.

Jurisdiction of filing complaint

As per the provisions of the Consumer Protection Act, 1986, a complaint can be filed in the:-

District Forum – Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or upto Rs. Twenty Lacs

State Commission – Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore

National Commission – Where the value of goods or services and compensation, if any, claimed exceeds Rs. One crore

Procedure of filing a consumer complaint

Firstly Consumer has to give notice to the opposite party of the fact of any
deficiency in service, etc. so as to give the opposite party a chance to make good the loss, UP-Consumerreplace the goods, etc.

Then the consumer has to prepare a complaint. The complaint must state facts necessary to establish a cause of action. The complaint must mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.

Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.

Also the complainant has to get the complaint affidavit notarized through a notary.

After that the complainant has to submit the complaint and court fee to the receiving clerk in the consumer court who will give the date for admission hearing and complaint reference number.

On admission hearing, complainant would be informed whether or not his matter is admitted. If admitted then he will be given the date for next hearing.

Limitation period of filing a consumer complaint

An aggrieved person has to file a consumer complaint within two years from the date of cause of action.

However a complaint may be entertained after the period of two years if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.

Appeals to State Commission, National Commission and Supreme Court

Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order.

Any person aggrieved by an order of the State Commission may prefer an appeal to the National Commission within a period of thirty days from the date of the order.

Any person aggrieved by an order of the National Commission may prefer an appeal to the Supreme Court within a period of thirty days from the date of the order.

Fee Structure to file a consumer complaint

District Forum

Upto One Lakh Rupees – For Complainants Who Are Under The Below Poverty Line Holding Antyodaya Anna Yojna Cards NIL
Upto One Lakh Rupees – For Complainants Other Than Antyodaya Anna Yojna Card Holders Rs. 100
Above One Lakh And Upto Five Lakh Rupees Rs. 200
Above Five Lakhs And Upto Ten Lakh Rupees Rs. 400
Above Ten Lakhs And Upto Twenty Lakh Rupees Rs. 500

State Commission

Above Twenty Lakh And Upto Fifty Lakh Rupees Rs. 2000
Above Fifty Lakh And Upto One Crore Rupees Rs. 4000

National Commission

Above One Crore Rupees Rs. 5000

Money Bill – Procedure of Passing of Money Bill; Difference between Money Bill, Ordinary Bill and Financial Bill

What is a Money Bill?

A Money Bill is a bill that contains provisions for taxes,money-large appropriation of funds etc. Money Bills can be introduced only in the Lok Sabha. Every Bill has to be passed by both the Houses of the Parliament but in case of Money Bill, Lok Sabha is superior to Rajya Sabha.

Under Article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawals of moneys from any such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of India;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

Further Article 110(2) provides that a Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

Power to decide whether a Bill is a Money Bill or not

Article 110 (3) of the Constitution of India lays down that “if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final”.  It is the Speaker of the Lok Sabha who decides whether a Bill is a Money Bill or not. Further, once the Speaker has certified a Bill as a Money Bill, its nature cannot be questioned in a court of law, in the Houses of Parliament, or even by the President.

Procedure for Passing of the Money Bills 

A money bill can be introduced / originated only in Lok Sabha {or in legislative assembly in case of bicameral legislature in states}.

A money bill can be introduced only on prior recommendations of the President {or governor in case of state}

Once a money bill is passed in Lok Sabha, it is transmitted to Rajya Sabha for its consideration. But Rajya Sabha has limited powers in this context. It can neither reject nor amend the money bill. It can make only recommendations and has to return the bill with or without recommendations to Lok Sabha in 14 days.

The Lok Sabha may or may not accept the recommendations of Rajya Sabha. Whether or not accepted those recommendations, thus returned bill is considered passed in both houses.

If Rajya Sabha does not return the bill in 14 days, it is deemed to have been passed by both the houses at the expiration of the 14 days in the form in which it was passed by the Lok Sabha.

President can withhold assent to money bill but cannot return it for reconsideration of the Lok Sabha.

Whether there can be a joint sitting of both the Houses in case of Money Bill

There cannot be a joint sitting of both the Houses in case of money bills. This is because opinion of Rajya Sabha is immaterial in this case.

Difference between Money Bill and Ordinary Bill

A Money Bill may only be introduced in Lok Sabha, on the recommendation of the President. However, an Ordinary Bill may be introduced in either House of the Parliament.

A Money Bill must be passed in Lok Sabha by a simple majority of all members present and voting. The Rajya Sabha has no power to reject or amend a Money Bill. However, an Ordinary Bill must be passed by both Houses by a simple majority of all members present and voting.

Difference between Money Bill and Financial Bill

In a general sense, any Bill that relates to revenue or expenditure is a Financial Bill. A Money Bill is a specific kind of Financial Bill. A Bill is deemed to be a Money Bill if it deals only with matters specified in Article 110 (1) (a) to (g). A Money Bill is certified by the Speaker as such. In other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.

While all Money Bills are Financial Bills, all Financial Bills are not Money Bills.  For example, the Finance Bill which only contains provisions related to tax proposals would be a Money Bill.  However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered as a Financial Bill.

Secondly, the procedure for the passage of the two bills varies significantly.  The Rajya Sabha has no power to reject or amend a Money Bill.  However, a Financial Bill must be passed by both Houses of Parliament.

Salient Features of the Motor Vehicles Amendment Bill 2016

The Union Cabinet has given its approval for Motor Vehicle (Amendment) Bill 2016. The new Bill provides for hefty penalties for violation of road safety rules. The Bill makes it easier to get a learner’s driving licence and ease the provisions on vehicle permits, to help growth of public transport. The Bill also promotes automation and computerisation.

The present Motor Vehicle Act has 223 Sections out of which the Bill aims to amend 68 sections whereas Chapters 10 has been deleted and a Chapter 11 is being replaced with new provisions to simplify third party insurance claims and settlement process.

Some of the important features of the Bill are:

Offences by juveniles – The Bill proposes that in the case of offences committed by juveniles, the guardian/owner shall be deemed guilty. The juvenile would be tried under Juvenile Justice Act. Registration of the motor vehicle will also be cancelled.

Enhancement of compensation in Hit and Run cases – The compensation payable for victims in ‘hit and run’ out of the scheme fund under Section 161 has been enhanced to Rs. 2 lakhs in case of death, and Rs. 50,000/- in case of bodily injury, from Rs.25,000/- and Rs.12,500/- respectively.

Motor Vehicle Accident Fund – The Bill seeks to introduce a Motor Vehicle Accident Fund u/s. 164B, which is to be augmented by a special tax or cess. The Fund is to be utilized for giving immediate relief to victims of motor accidents, and also hit and run cases. The compensation paid out of the fund shall be deductible from the compensation which the victim may get in future from the Tribunal.

Community Service as punishment – The Act defines “Community Service” as unpaid work which a person is required to perform as a punishment for an offence committed under this Act. For causing motor accidents, punishment in the form of ‘Community Service’ can be imposed.

Protection of Good Samaritans – The Act defines “good Samaritan” as a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transporting such victim to the hospital. The Act makes provision for protection of Good Samaritans from unnecessary trouble or harassment from civil or criminal proceedings and empowers Central Government to frame Rules for their protections.

Registration process for new vehicles – There is also a proposal to improve the registration process for new vehicles. Registration at the end of the dealer is being enabled and restrictions have been imposed on temporary registration, under the new Bill.

National Register for Driving Licence and National Register for Vehicle registration – To bring harmony of the registration and licensing process, government proposes to create National Register for Driving Licence and National Register for Vehicle registration through “Vahan” & “Sarathi” platforms. This will facilitate uniformity of the process across the country, says the government.

Multiplier – The Bill proposes that the State Government can specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine.

Increase in penalties – With an aim to enhance road safety, the bill proposes to increase penalties, that it hopes will act as deterrent against traffic violations. Stricter provisions are being proposed with respect to offences like driving without licence, over-speeding, juvenile driving, drunken driving, dangerous driving, overloading etc.

Proposed Amendments in Various Penalties under Motor Vehicle Amendment Bill – 2016

Section Old Provision / Penalty New Proposed Provision / Minimum Penalties
177 General Rs 100 Rs 500
New 177A Rules of road regulation violation Rs 100 Rs 500
178 Travel without ticket Rs 200 Rs 500
179 Disobedience of orders of authorities Rs 500 Rs 2000
180 Unauthorized use of vehicles without licence Rs 1000 Rs 5000
181 Driving without licence Rs 500 Rs 5000
182 Driving despite disqualification Rs 500 Rs 10,000
182 B Oversize vehicles New Rs 5000
183 Over speeding Rs 400 Rs 1000 for LMV

Rs 2000 for Medium passenger vehicle

184 Dangerous driving penalty Rs 1000 Upto Rs 5000
185 Drunken driving Rs 2000 Rs 10,000
189 Speeding / Racing Rs 500 Rs 5,000
192 A Vehicle without permit upto Rs 5000 Upto Rs 10,000
193 Aggregators (violations of licencing conditions) New Rs 25,000 to

Rs 1,00,000

194 Overloading Rs 2000 and

Rs 1000 per extra tonne

Rs 20,000 and

Rs 2000 per extra tonne

194 A Overloading of passengers Rs 1000 per extra passenger
194 B Seat belt Rs 100 Rs 1000
194 C Overloading of two wheelers Rs 100 Rs 2000, Disqualification for 3 months for licence
194 D Helmets Rs 100 Rs 1000, Disqualification for 3 months for licence
194 E Not providing way for emergency vehicles New Rs 10,000
196 Driving Without Insurance Rs 1000 Rs 2000
199 Offences by Juveniles New Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled
206 Power of Officers to impound documents Suspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E
210 B Offences committed by enforcing authorities Twice the penalty under the relevant section

 

The Journey of India’s Independence

Bombs and pistols do not make a revolution. The sword of revolution is sharpened on the whetting-stone of ideas” – Bhagat Singh

Arrival of Europeans and Britishers in India

With the arrival of the Portuguese explorer Vasco da Gama in 1498 AD in India, it started an era arrivalof European traders coming to India in search of lucrative spice trade. The Dutch and English established trading outposts on the Indian subcontinent, with the first English trading post set up at Surat in 1617. European traders had established outposts on the Indian subcontinent by the 17th century. Over the course of the 17th and early 19th centuries, the British defeated the Portuguese and Dutch militarily. After that the East India Company under the Robert Clive defeated Siraj-ud-Daula in the Battle of Plassey in 1757 and soon after that gained administrative rights over the regions of Bengal, Bihar and Midnapur part of Orissa. This was followed by Battle of Buxar in 1764. The East India Company subsequently gained control of regions ruled by the Maratha Empire, after defeating them in a series of wars. Through overwhelming military strength, the British East India Company subdued local kingdoms and established themselves as the dominant force by the 18th century.

1857 Sepoy Mutiny – First War of Indian Independence

The year 1857 is a benchmark in the history of Indian independence. The Sepoy mutiny of 1857 started by Indian soldiers in the British army at Barrackpore was the first attempt to overthrow British Empire from India. The mutiny which continued till December 1858 was finally2-india-sepoy-mutiny-1857-granger suppressed by the British. Following the Rebellion of 1857, the Government of India Act 1858 led the British Crown to assume direct control of India. In 1877, Queen Victoria took the title of Empress of India. The next few decades saw various big and small wars being fought against the Empire. Prominent among these were the Battle of Kanpur led by Nana Sahib of Bithur, the Battle of Jhansi by Rani Laxmibai and Tantia Tope, the fight at Arrah in Bihar by the landlord of Jagdishpur Kunwar Singh and the war at Lucknow led by Hazrat Begum. These wars took place in isolated areas of the country and hence, met with little success. But these battles were indicative of the discontent of the Indians against their European rulers and served to keep the torch of the Indian freedom struggle burning.

Discontent in the 19th and 20th Century

By the 20th century, the dissatisfaction with the British government had begun to take a concrete shape. The beginning of the 1900s saw the springing up of a number of revolutionary groups in several parts of the InBose_Gandhi_1938dia such as Bengal, Punjab, Gujarat, Assam and the southern states of India. In the year 1885 Indian National Congress was founded by A.O. Hume. Other Political groups were also formed to counter the Britishers in a peaceful way and voice the dissent of millions of Indians.  Iconic leaders such as Mahatma Gandhi, Dadabhai Naoroji, Gopal Krishna Gokhale and others tried to attain liberty through peaceful means while personalities like Lala Lajpat Rai, Chandrasekhar Azad, Bhagat Singh, Bal Gangadhar Tilak, Aurobindo Ghose, Bipin Chandra Pal and others strived to snatch freedom forcefully from the uncompromising British Empire. Mahatma Gandhi’s famous “Salt March” in 1930 and the “Quit India Movement” in 1942 saw a wave of public support. Subhash Chandra Bose, who idealisms were extremist, got drifted from Congress and formed a new party named the All India Forward Block Party and launched his own army named Indian National Army (INA). And by this military might he tried to attain freedom from the clutches of the British Empire. The decades of 1930’s and 1940’s saw a increase in extremist activities. Non-violent protests as well as extremist activities were being carried out on the daily basis.

Reason of partition of United India into India and Pakistan

After the formation of Indian National Congress in 1885, when the British made an attempt to divide the state of Bengal along religious lines in 1905, the INC lead huge protests against the plan. This sparked the formation of the Muslim League, which sought to guarantee the rights of Muslims in any future independence negotiations. Originally formed as an oppartitionposition to the INC, the Muslim league had generally agreed with the INC in their mutual motive of expelling the British from the country. The British, however, had always attempted to pit the INC and the Muslim League against each other. World War II sparked a crisis in relations among the British, the INC and the Muslim League. The British expected India to provide much-needed soldiers and materiel for the war effort, but the INC opposed sending Indians to fight and die in Britain’s war. After the betrayal following World War I, the INC saw no benefit for India in such a sacrifice. The Muslim League, however, decided to back Britain’s call for volunteers, in an effort to curry British favor in support of a Muslim nation in post-independence northern India. After World War II Winston Churchill’s party was voted out of office, and the pro-independence Labour Party was voted in during 1945. Labour Party called for almost immediate independence for India, as well as more gradual freedom for Britain’s other colonial holdings. It was then that the Muslim League’s leader, Muhammed Ali Jinnah, began a public campaign in favor of a separate Muslim state, while Jawaharlal Nehru of the INC called for a unified India. In February of 1947, the British government announced that India would be granted independence by June 1948. Viceroy for India Lord Mountbatten pleaded with the Hindu and Muslim leadership to agree to form a united country, but they could not. With the country descending further into chaos, Mountbatten reluctantly agreed to the formation of two separate states, and moved the independence date up to August 15, 1947.

Independence of India

On 3rd June 1947, the Viceroy Lord Mountbatten announced that the British will leave the Indian subcontinent. Finally India attained Independence on the midnight of August 15th 1947, after a great pofirst-independence-thumblitical and social struggle. The history behind Indian independence is very painful and is full of sacrifices. And only because of those sacrifices India freed herself from the shackles of British Empire. It was an endless struggle of millions faceless Indians. It is the fundamental duty of every citizen to cherish and follow the noble ideals which inspired our national struggle for freedom, and further to uphold and protect the sovereignty, unity and integrity of India.