May 2021 - Page 11 of 18

We’re seeking candidates for the position; Legal Intern. Candidates with efficiency in interacting with outsourced legal advisors are invited. If you are an analytical thinker with strong conceptual and research skills backed by your education. We encourage you to apply. Kickstart your career as a Lega Intern. Dive into the thrill of problem solving!

DEPARTMENT:

Legal

COMPANY:

Project X

REPORT TO :

CEO

STIPPEND:

5K -7K

DURATION:

Min. 6 months.

LOCATION:

Full-time (in-office) internship / Work From Home

About Company:

Founded in 2020 by Tarang Sanghi under the innovation lab Project X, Project Eagle is a full-service talent acquisition, and management consultancy based in Jaipur, RJ (India) at its stealth-startup phase.

About The Department:

The Legal Department of Project X is responsible for the provision of legal services, ensuring all requirements and compliance is met across all ventures and functions.

Area Of Responsibilities

Work along with various internal, and external stakeholders, on various patent / IP / corporate law / competition law related matters and projects.
Ensure the interests of the organization are protected by designing, drafting & vetting various internal and external legal policies and systems like vendor services agreement/NDAs/channel partner agreements, terms of services agreement/referral agreements/collaboration agreements/joint marketing agreements/MoUs/consulting agreements / employment agreement, employment exit agreement, and department undertakings & policies.
Helping various teams understand the rules and principles of law in simple language.
Identify discrepancies, escalation mechanisms and managing remediation exercises;
Entering and managing data from standardized or negotiated agreements into internal systems and assisting in the maintenance of databases.

Requirements:

EXPERIENCE-

Fresher

EDUCATION & CERTIFICATION-

Relevant degree or Masters/ Bachelors in Business / Corporate Law / IP Law.

SOFTWARE & APPLICATIONS-

Tech-savvy with good knowledge of MS Office, G Suite, can adapt to other technologies very quickly.

Qualities & Capabilities

Excellent communication (verbal & written), interpersonal and consulting skillsStrong drafting, negotiation and legal analytical skillsAbility to identify and escalate issues timely and appropriatelyAbility to work alone or as part of a team.Confident, pleasant personality, self-motivated and management skills

BenefitsCertification of Internship
Letter of Recommendation
Possibility of Pre-placement Offer.

How to Apply?

https://www.linkedin.com/jobs/search/?geoId=102713980&keywords=legal%20intern&location=India

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This article is written by Kalyani Gupta, a Master’s in Law student from Amity University, Noida. This article discusses the evolution of trade unionism in India and the challenges faced by these unions.

INTRODUCTION

The labour movement was the primary power that converted misery and hopelessness into hope and development. Out of its courageous battles, economic and social transformation gave birth to unemployment insurance, old-age pensions, government aid for the needy and, above all, fresh wage levels that intended not mere existence but a bearable life. The leaders of the industry did not take the lead of this transformation; they avoided it until they were conquered. When in the mid-thirties the wave of union organization crested over the country, it carried to safeguard the whole society.

Trade Unions surfaced because of the Industrial Revolution which can be traced back to the 18th century when the Industrial Revolution started in Britain. The Industrial Revolution is described by the aligning up of large-scale factories, fresh lines of mass production, mechanization, and quick economic expansion. It is normal that when many factories are set up, there is a requirement for labour. Therefore, the need for unskilled and skilled labour increased. At the time, the industries were not appropriately organized, and the employers focused on boosting profits which headed to exploitation of the labour class who were uneducated and poor. We can say that it guided to the creation of two classes in the industrial sector:

Employer Class – This included those who were profit-oriented and it did not really concern them about the working situations of the labour.
Labour Class – It includes those who were illiterate and had no knowledge or understanding of their rights and were also in need of income.

Primarily, the labourers thought that their requirement for money is larger and that their employers can simply switch them if they objected to the unfair terms and wages imposed by their employers. But gradually the labour class understood that if one specific labour protests for the unfair terms of his employee, it will not have any effect on the industrial organization but if workers form themselves into a group or “Union” then more influence will be wielded on their employer lords. Creating labourers into Unions also provided them the power to collectively bargain. Hence, this idea led to the establishment of Trade Unions.

Trade Unionism in India

The Britishers started inhabiting the Indian sub-continent in the 1600s and began to set up factories and mills in India exactly similar to the Industrial Revolution in Britain. The major rationale why the British found it appropriate to start development in India was that India had a profusion of inexpensive and poor labour along with organic resources and land for establishing the industries.

The cotton mill was formed in 1851 in Bombay and the first ever jute mill was created in 1855 in Bengal. Exactly like Britain, the circumstances of labour in India were harsher. The unfair and pitiful working conditions such as working hours, wages and sacking policies made the laborers join up hands and come together and protest. One of the first turmoil among labourers can be seen back to the year 1877 when due to unexpected decrease in wages the labourers of Empress Mill, Nagpur prepared a strike.

Since such unionism was a modern trend there was no law to enact and control these new labour unions. With increasing dissatisfaction and unrest amongst the labour class and constant dispute with the employer class, few measures were taken to investigate and solve the situation.

‘Factories Commissions and Factories legislations’ triggered no progress in the working circumstances of the labour class in India. In 1885 all the laborers of India had also signed a document with their employers to give them basic modicum working environments. Still, the situation did not get better. The preliminary attempt by labourers was humanistic in nature under the backdrop of the setting up of Indian National Congress and non-violence movement instigated by Mahatma Gandhi.

Post World War- I Period

When World War I broke out, a rapid change of all resources to accommodate war requirements and the employers were reliant on the labourers. It then the labourers understood that the employers want them as much as they want their employers. This gave them a “bargaining position”. Trade unions began to get established in India, but the procedure was gradual due to the direction of socialist reformers. But many Trade unions began to get prepared. The first main trade union which was formed was the ‘Madras Labour Union in 1918’ under the presidency of Mr B.P. Wadia. This was followed by the creation of the ‘All-India Trade Union Congress in 1920’. With the creation of Trade Unions, the workers started to arrange strikes and protests to affirm their demands such as reducing working hours, minimum essential wages.

The Buckingham Mill Case

The creation of Trade Unions and the association of strikes and protests by the workers were not accepted by the employers. To put an end to the actions of the recently established trade unions and beyond to bar creation of Trade Unions the employers sought after legal recourse. One of the highly significant cases filed was against Mr B.P. Wadia who was the “President of the Madras Labour Union” that he colluded with laborers and went on walkout and was restricting trade. The Employers asked for an injunction to stop the protests and actions performed by the Trade Union.

Contentions raised by the Employers

The strike is unlawful and illegal because it sums up to a restriction of trade under Section 27 – Indian Contract Act.
The strike created a criminal conspiracy under Section 120A – Indian Penal Code 1860.
The strike also created a civil conspiracy under the civil law.

The Hon’ble Madras High Court based on these contentions granted the injunction to stay the strike on the following grounds:

There was a legitimate reason for action in favour of the employers.
There was a violation of law by the workers.
There were losses endured by the employers because of the actions of the trade unions.

It is to be mentioned here that up until this time there was no statute which gave legitimate legal force or backing to the trade unions. The Order of the Madras High Court was moved to the truth that there was no law that permitted trade unionism in India. The expanding need to have pro-labour legislation which led to the passing of the Indian Trade Union Act 1926. The word “India” was afterwards dropped, and the legislation was finally named Trade Union Act, 1926. The Preamble of the “An Act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions”.

Period Post 1947

One main gap with the 1926 Act was that however it offered for voluntary registration of Trade Unions, but it did not provide for necessary recognition of the Trade Unions by the employers and because it was not obligatory for the employers to identify the Trade Unions, clearly, they did not recognize them. This once again put a stop to the development of Trade unions. For example, when the members of Trade Unions or their lawyers went to talk with the employers, the employers just denied talking to them on the grounds that they do not acknowledge or recognise such Trade unions.

The Act was revised in 1947 which offered for compulsory recognition by the employers of the rep Unions. Though, the amended act has not come into force yet.

Trade Unionism in India from 1950-70

Independence of India was advantageous to Trade Unions in India in a massive way as the forefathers embraced the principles of equality for all, justice, and freedom plus the freedom of expression. The Constitution of India also identified Freedom of Association as one of its Fundamental Rights. Planning was also implemented by India through Five-year plans. The emphasis of the first 2 five-year plans was on the industry and agriculture sector which managed to set up huge public sector industries. With the setting up of these industries, the requirement for labour increased and trade unionism became effective and active. However, due to a deficiency in organization and appropriate leadership there were inter-union conflicts which were combined with political interference.

Trade Unionism in India from 1970-1990

The mid 1960s, the economic condition of India had begun to worsen primarily because of famines and wars observed by India in its previous years. The rate of inflation increased, and rates of food and grains soared. Industries were also disturbed by the structural adjustments in the economy. There were more rallies, strikes and lockouts planned by the trade unions during this period of time. Nationwide Emergency was enforced during PM Indira Gandhi’s regime from the year 1975 to 1977 halted all the Fundamental Rights with the right to form associations and right to strike.

The government, Post-Emergency, had tried to bring into power an ‘industrial relations bill’ which intended to ban protests and lockouts in important industries and services. Though, the bill was met with intense opposition from various participants, particularly the trade unions. As a result of which, the bill was not passed. The trade unions had attained an overbearing position by this time. They had achieved their bargaining powers and had turned out to be more coordinated and were able to meet their obligations by discussions and strikes.

Trade Unionism in India from 1990-1999

In 1991 the Government agreed to start the economy by introducing the “New Economic Policy” (NEP). With difficulties of liberalization, privatization and globalization rifts and differences were also noticed in Trade Unions in India as the Government’s labour-friendly attitude shifted to be more investor-friendly. Due to globalization, there was huge slashing of the workforce and trade unions were struggling fiercely to save workers their jobs. With the introduction of liberalization in 1991, the industrial relations strategy began to shift. Now, the policy was sloping towards employers. Employers decided towards workforce decline, launched policies of volunteer retirement schemes and flexibility in the work environment also improved. Hence, globalization has brought in huge changes in industrial relations policy. The major attributes of trade unionism after the globalization turn out to be the small extent of membership, absence of sufficient finance, non-implementation of welfare schemes, influence of political parties and other beyond interfering in the actions of trade unions.

Trade Unionism in 21st Century

With problems faced by “New Economic Policy” (NEP), the trade unions had to deal with a torrent of difficulties, but the silvery lining over here is the increase in the amount of trade unions, improved organization, and operation. As per the analytics of the Labour Bureau, there are around 11,556 listed labour unions in India with average membership at 1283 members per trade union. In 2001 the Act underwent the amendment. Main add-ons and amendments to the act are as following:

Amendment to Section 4: The provision to Section 4, which was added after the 2001 amendment, now stipulates a minimum number of employees who should be an element of the Trade Union at the time of creating the request for registration. The provision reads as, “Provided that no Trade Union of workmen shall be registered unless at least ten per cent of one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of an application for registration. Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected.”

Insertion of Section 9A: The minimum membership prerequisite was formed by introducing Section 9A to the Act. The new Section 9A reads as follows, “The minimum requirement about membership of a Trade Union. A registered Trade Union of workmen shall at all times continue to have not less than ten per cent or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.”

Proposed Amendments

The Ministry of Labour and Employment has been considering on introducing a proviso for establishing trade unions at both central and state level. Consideration to encompass such an amendment has come from in the challenge of several interpretations by trade unions. Consequently, on 20th July 2018, the Ministry has issued a statement in the official gazette recommending the amendment and has welcomed remarks from the stakeholders and members on the draft amendment. If it is passed, a new Section 28A and Sub-section (2A) to Section 29 (2) will be introduced which will give for required recognition of Trade unions at both the federal levels.

CONCLUSION

Trade Unionism in India has surely come a prolonged way. Primarily from having no lawful backing to illegalising “strikes” by the trade unions to conceding them registering procedure and mandatory recognition and now having full-feathered legislations and special courts, trade unions in India have achieved an amazing status or standing in the labour movement. But there are still a small number of obstacles that the trade unions face still such as shortage of financial resources and support from the government. Therefore, there is still room for the expansion and development of Trade Unionism in India.

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This article is authored by Vishrut Gupta, a 1^st year law student from Lloyd Law College. This article throws light on the legality of abortion in India as well as the critiques of those laws.

“If a mother can kill her child – what is left for me to kill you and you to kill me – there is nothing between.”― Mother Teresa

Introduction to Abortion

The rapidly increasing rate of abortion across the globe has resulted in the formation of several laws and policies related to abortion. The conscious and intentional termination of pregnancy with the help of medical sciences is known as abortion. So, if a mother is not willing to give birth to the child due to any reason, she can visit a hospital to stop her gestation, but within 28 weeks which is considered to be safe for abortion. The gestation period is the duration for which the woman is pregnant and the foetus is developing inside her womb. Usually, the woman gives birth after an interval of 38 to 42 weeks of pregnancy, which is approximately 9 months.

Human Rights and Abortion Grounds

In the international aspect, human rights allows a woman to choose if she wants to continue her pregnancy or not. Three laws primarily deal with human rights and childbirth, namely, The Right to Life, The Right to Health, The Right to Autonomy and Bodily Integrity. Apart from this, abortion has been categorised into the five main categories:

Prohibited altogether- The women are not at all allowed to abort the child even if her life is at risk. It is seen in 5% of cases.
To save women’s life- If the women’s life is at risk due to inability to give birth, abortions are allowed and seen in 22% of cases.
To save health- In 14% of cases, abortion is allowed to save the deteriorating health of the women.
Broad Social/Economical grounds- Sometimes, a woman is not financially stable to nurture a child, some social grounds are also there, in this case, abortion is also granted. 23% of cases are of this type.
On request– Abortion request is filed in the courts and the judge decides whether it should be granted or not by examining the facts and the future of the child. The majority of the cases of India come in this category but the gestational limits vary accordingly as per the laws of different countries.

Facts and Figures

The Lancet Global Health Report said, “A total of 15.6 million abortions was carried out in India in 2015.” A rapid growth in the ‘Maternal Mortality Rate’ was seen. (Maternal Mortality Rate is the rate at which women die during or within 42 weeks of abortion due to mismanagement or accidents while doing the abortion. One of the main reasons for the same is that a lot of fake and unauthorised clinics are running with fake doctors and unethical practices. Teens also get pregnant due to lack of sex education and being underage, they try to abort their foetus illegally at such clinics and end up with fatal situations. It was found in research that- “8% of the deaths of maternal mortality were due to unsafe abortions.”

Indian Legislations for Abortion

India had only one main law to cater for abortion, which was The Medical Termination of Pregnancy Act, 1971. Section 3 of the act allowed women to terminate their pregnancy within 20 weeks of getting pregnant including some of the provisions and exceptions. Later, in 2002, the word ‘lunatic’ mentioned in all the sections of the act, was replaced by ‘mentally ill’. We saw certain cases when the Supreme Court allowed the termination of pregnancy even after the 20th week. A 2017 case where a Kolkata girl was allowed to terminate her pregnancy even after the 20th week of gestation, due to the detection of Pulmonary Atresia in the foetus, shows that there are certain cases where this law was overlooked under certain exceptions for the greater good. The exceptions cover the cases of rape and life threats to women or her child after giving birth. The same thing happened in 2016 when a landmark judgement was given by the court in a rape case.

After several petitions were filed to increase the upper limits of the gestation period in rape cases, the government in 2014 finally made a draft to bring an amendment to this law. The major amendment features were-

An increment in the upper gestation time from 20 weeks to 24 weeks.
Decrease in the number of doctors (for advising the safeness and technicalities of abortion between 12th week and 24th week and even beyond that) from two to one.

Finally the Medical Termination of Pregnancy (Amendment) Bill, 2020 was introduced in Lok Sabha on March 2, 2020, and passed on March 17, 2020. The bill added another 4 weeks in the upper limits of the abortion period under some provisions and establishments of state-level medical boards. The bill passed from the Rajya Sabha on March 16, 2021, and finally amended. Certain acts and punishment related to abortion are mentioned in the Indian Penal Code, 1860. Section 312-314 of the IPC deals with the punishment of the miscarriage- cause, permission and death due to miscarriage. Section 315 deals with the intended act to prevent the child from coming out and killing the child after birth. Section 316 covers the death of a child caused by the quick unborn, which amounts to culpable homicide.

Critiques of the MTP Act

As the Medical Termination of Pregnancy (Amendment) Bill, 2020 got passed; several criticisms and flaws in the amendment came to light. The major critique of the amendment bill is that the bill itself violates article 21 of the Constitution, i.e. Right to Life which covers the Right to Health as well. The health of the women gets deteriorated in the time she takes permission from the court for abortion, especially in rape cases where the victim suffers mental trauma as well. Another strong argument was that the child to be aborted also has his Right to Life which again violates Article 21 of the constitution. This is an irony in itself. The next critique said that it should be totally on the will of the mother, whether to keep or abort the child, there shouldn’t be a time limit for abortion if the medical practitioner allows it keeping in mind the safety of the mother. The bill does not talk about the inclusion of transgender, there isn’t a single word mentioned about the same. The Medical Board has to interfere in certain cases but those cases are missing, nowhere mentioned and the time limit of examination by the Medical Board to examine the possibility of abortion is also missing. The bill stands unanswerable to such questions which are the essential pillars and technicalities of the bill and thus cannot be ignored.

Conclusion

We should focus on the increasing maternal mortality rate. The government should set up committees to investigate unethical abortion clinics to avoid any further deaths due to a lack of medical knowledge. The loopholes of the laws are needed to be fixed soon so that it covers every crucial aspect which could save a mother’s life. We should keep in mind that our presence has been possible because of a mother and it has been rightly said- “Justice delayed is the Justice denied.”

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This article is written by K.Lasya Charitha pursuing BALLB in Damodaram Sanjivayya National Law University, Visakhapatnam. In this article, the researcher discusses the meaning, constitutional validity and misuse of Section 498A of IPC.

INTRODUCTION

The issue of reforming women’s rights and family law has increasingly aroused controversy over politics and the rights of minorities. Indeed, persuasive or effective religious freedom cannot overlook the needs and sufferings of all minority and majority women. Due to the social customs and traditions that existed at the time, the lives of ordinary women in India have always been difficult and unfortunate.

Meaning of Section 498 and 498A of IPC

Section 498A is mentioned in chapter XXA of the Indian Penal Code which deals with cruelty by husband or relatives of the husband.

Section 498A: “Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation – For the purpose of this section, cruelty means—

any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or
harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”[i]

History

Article 498A of the IPC is an important supplement to India’s 1860 Criminal Law, which was promulgated in 1983 to protect women’s rights and empower women. According to Article 498A of the Indian Penal Code, extortion of any form of property by subjecting a woman to cruelty is punishable. On December 26, 1983, the Indian government passed the Criminal Law (Second Amendment) to amend the Indian Penal Code (IPC) of 1860 and added Chapter XX-A, Of Cruelty by husband or relatives of husband which includes Section 498(A).

This part is passed to resolve the threat of death from the dowry. This was implemented in the Criminal Law through the Criminal Law Reform Act of 1983 (Act No. 46 of 1983). According to the same law, Article 113-A has been added to the Indian Evidence Act to increase the presumption of abetment of suicide by married women.[ii] The main purpose of Section 498-A of the Indian Penal Code is to protect women who are harassed by their husbands or husband’s family members.

Constitutional Validity of Section 498A of IPC

In the case of Inder Raj Malik and others vs. Ms. Sumita Malik[iii], it was argued that this section is ultra vires Article 14 and Article 20 (2) of the Constitution. The Dowry Prohibition Act also applies to similar cases. Therefore, these two laws together constitute what is commonly referred to as double jeopardy. However, the Delhi High Court rejected this argument and ruled that the article will not create double jeopardy. Section 498-A is different from Section 4 of the Prohibition of Dowry Act because, in the latter, the simple request for the transfer of dowry is punishable and does not require cruel elements, while Section 498-A involves serious crimes and punishes the demand for the safety of valuable property or the woman or her relatives involved in the cruel treatment of her. Therefore, a person can be made liable for both the offenses punishable under section 4 of the Dowry Prohibition Act and section 498A.

This section gives the court extensive discretion in interpreting the words used in the law and imposing fines. This provision is not ultra vires. It doesn’t confer arbitrary powers on courts.

Justice Malimath Committee on Criminal Justice System Reforms, Ministry of Home Affairs, Government of India, pointed out in 2003 and recommended that the law be amended. The code can be suitably modified to make the offense under Section 498A of the Indian Penal Code, bailable and compoundable. These are just some observations of the nobles, which proves this point indisputably:

Women (not necessarily all women) can be more violent than men (not necessarily all men). Section 498A of the IPC aims to protect people’s lives and put approximately a dozen innocent people’s lives at risk. As a result, the provision is discriminatory and violates Article 14 of the Indian Constitution. Instead of restoring the balance, the disposal has exacerbated the imbalance. Therefore, there is a failure of guarantee of Article 21 of the Constitution of India that is right to life. Due to the reasons given above, this position is not only unbalanced but also ultra vires.

The Malimath Committee proposed changes to this section in 2003, although such changes were opposed by women’s groups and radical feminists. The Social Research Center of India issued a survey report that refuted the changes to Section 498A in which in the studied cases there were no convictions based only on section 498A.

On July 20, 2005, Arijit Pasayat and H. Sima, Judges of the Supreme Court of India, declared that Section 498A was constitutional. The purpose is to attack the source of dowry menace. It’s a shield, not an assassin’s weapon, it is intended to be used only as a shield.

Non-compliance with the law is the principled position it occupies, which is indispensable for the spirit of enacting the law i.e., Violence is not negotiable and unacceptable under any circumstances. In this regard, any amendment to Article 498A will abolish the constitutional provisions of Article 14 and Article 15(3) this will be the reason why the country has failed to achieve its ambitious gender equality goals. The court also confirmed the effects of special measures in-laws and enforcement orders that benefit women (e.g. in Laxman Ram Mane vs the State of Maharashtra[iv], Nripen Roy and others vs State of West Bengal[v], Satya Narayan Tiwari @ Jolly & Anr. vs State Of U.P[vi], Inder Raj Malik And Ors vs Sunita Malik[vii], Gurbachan Singh vs Satpal Singh & Ors[viii]). It can be supplemented in accordance with the 2010 bill amending the Criminal Procedure Code (CrPC). Currently, the police have restrictions on arrests. Arrests can only be made after a proper investigation of the alleged matter.

Misuse of Section 498A and its Recovery

With the continuous rise of modernization, education, financial security, and new independence, radical feminists have made 498A a weapon in her hands. Many unhappy husbands and relatives became victims of these kinds of women. 498A proved to be wrong (recognized by the High Court and Supreme Court of India repeatedly) because it was merely an attempt to blackmail the in-laws by the wife (or her close relatives) when forced with a strained marriage. In most of the cases of section 498A, a large amount of money (extortion) was demanded to resolve the case out of court.

If his wife made false accusations against these men and he proved his innocence in accordance with the law, the abuse of 498A could be combated. The Indian government and judiciary continue to protect women, and the law does not ignore men. Justice continues to triumph over injustice. Individuals whose reputations have been damaged by false accusations seek compensation and protection from IPC Article 498A. They are:

Section 500 of the Indian Penal Code allows husbands to file defamation suits.[ix]
According to Section 9 of the CPC, the husband can claim compensation for the losses suffered by him and his family based on false accusations of cruelty and abuse.[x]
Section 182 of the IPC is one of the safeguards against a wide range of false 498A cases. If the agency believes that the average value described is invalid, under Section 182 of the Indian Penal Code the culprit will be sentenced to 6 months imprisonment or both. The judicial system charges the person for misleadingly providing false information.[xi]

Conclusion

The misuse in Section 498A is not a rumor. It has now been proved that the woman made a false accusation under the provisions of IPC Section 498A. Men have no laws to protect themselves from abuse by women. IPC Section 498A has been misused in all district court cases. Unlike the men in society, women use this section as a weapon to obtain money from their husbands. Article 498A of the IPC is misused by women in respect of husbands and in-laws. This is a very controversial topic these days. If the legislation does not solve this problem, it will become a social nightmare and undermine people’s trust in the judicial system. Therefore, it is time to amend this section and bring some changes.

[i] Indian Penal Code 1860, s 498A.

[ii] Indian Evidence Act 1872, s 113A.

[iii] Inder Raj Malik and others v Ms. Sumita Malik, 1986 Cri L.J 1510(Del.).

[iv] Laxman Ram Mane vs State of Maharashtra, 2010 Indlaw SC 217.

[v] Nripen Roy and others vs State of West Bengal, 2010 Indlaw CAL 763.

[vi]Satya Narayan Tiwari @ Jolly & Anr. vs State Of U.P, NO(s). 1168 OF 2005 [2010] (Supreme Court).

[vii] Inder (n 3).

[viii] Gurbachan Singh vs Satpal Singh & Ors, 1990 AIR 209.

[ix] Indian Penal Code 1860, s 500.

[x] Civil Procedure Code 1908, s 9.

[xi] Indian Penal Code 1860, s 182.

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The Urban Learning Internship Program (TULIP)’ with the intention to match opportunities in ULBs and smart cities with learning needs of fresh graduates. The program intends to fulfil the twin goals of providing hands-on learning experience to fresh graduates as well as benefitting States, ULBs and smart cities with infusion of fresh energy and ideas to solve critical challenges. With this initiative, urban India will be able to harness its demographic dividend as the country attempts to leapfrog into a 5 trillion-dollar economy.

Objective:

Short-term exposure to fresh graduates to enhance their professional development through experiential learning with ULBs and smart cities.
Harnessing fresh energy and ideas towards ULBs and smart cities endeavors to solve critical challenges.

Eligibility:

Conditions (updated as on 20/12/2020)

Open only to Indian citizens.

Graduates/Post-graduates/Diploma/PG Diploma/Advanced Diploma students who have completed their course are eligible to apply.

In light of the COVID-19 pandemic, following relaxations will be provided until 30th September, 2021:

Applicable only to graduates: Not more than 36 months should
have passed from the date of declaration of final year results to the
date from which the internship is sought.

Candidates whose final year results are awaited due to Covid-19
are also eligible to apply. However, the release of their internship
certificates will be subject to production of education certificate(s)/
degree to their respective ULBs/Smart Cities/Parastatal authorities.
Duration

The duration of the internship will be a minimum of 8 weeks up to 1 year.