Category: Law and Order

Hiring a Trucking Accident Attorney

If you are in a truck accident, you need to contact a lawyer to help you get the compensation you deserve. You should do a detailed description of what happened, and take pictures of the crash scene. This will help your lawyer prepare your case and prove your point to the insurance company. 

In addition, you may have to deal with insurance adjusters from the trucking company, and they may attempt to settle your case at a low amount. Avoid negotiating with them or signing anything that could damage your case. 

Remember that these adjusters are hired to pay as little money as possible, so you need to hire a professional to make sure you get the best compensation possible.

Getting a truck accident lawyer

If you’ve been involved in a truck accident and need help with your case, you may need to hire a trucking accident lawyer. In addition to helping you recover compensation for your injuries, a truck accident attorney can identify the responsible party, prove negligence, and estimate your damages. Trucking accident lawyers can assist you in pursuing a claim, regardless of how small or large it is. 

First, it’s important to document the accident scene as well as any damages to your vehicle. If you can, get pictures of the vehicle and the truck driver’s license plate. The truck driver may attempt to cover up the damages, but it’s your job to keep the evidence from being destroyed.

Trucking accidents are complex and often involve multiple parties. While the truck driver is most likely at fault, other drivers may have contributed to the accident and reduce the amount of compensation you receive. Click here for more information about the legal definition of fault. 

Getting a trucking accident lawyer is essential for your case. Your recovery time can be extensive, particularly if you’ve suffered brain injuries. You may also have to spend a long time in the hospital and require long-term care.

In addition to contacting your lawyer, it’s important to seek medical attention. This will help you treat your injuries and create an official record of the crash. This record can be a valuable piece of evidence when it comes time to make a trucking accident claim. It’s also vital to take photographs or videotape the scene of the crash and your injuries.

Another benefit to hiring a trucking accident lawyer is that they can preserve evidence. A lawyer can help you collect witnesses’ statements and photograph the scene of the accident and the other vehicles involved in the crash. Trucking companies are notorious for misplacing or destroying evidence, and a lawyer can help you preserve the evidence that will prove your case and collect the compensation you deserve.

The trucking company should be held responsible for the accident. This may include the driver, the owner of the truck and trailer, or the freight owner. In some cases, the trucking company or the manufacturer of the truck can be held liable for accidents caused by their employees or faulty products. 

Dealing with insurance companies

When hiring a trucking accident lawyer, there are certain things you should do to ensure that your case is as strong as possible. 

You should remember that the insurance company is not on your side and will do whatever it takes to protect its profits, including using unfair tactics to avoid liability. You need an experienced trucking accident attorneyto help you navigate these tricky waters. This is the best way to ensure you receive the payout you need.

It is important to remember that truck drivers usually have millions of dollars in insurance coverage. This means that insurance companies will go to great lengths to avoid liability, and they will hire experienced adjusters to make sure that you are unable to get a fair settlement. You should never provide the insurance adjuster with written statements or information that they can use against you.

Trucking collisions often involve multiple parties. In contrast to car collisions, where one party is liable for the collision, truck collisions may involve many other parties. For example, the owner of the truck and the cargo loader may both be held responsible if a maintenance problem caused the collision. The manufacturer of the truck may also be held accountable if the truck was defectively designed.

In some cases, truck manufacturers don’t catch defective parts until it is too late to repair or replace them. When this happens, the manufacturer or mechanic who worked on the truck could be held liable. Proper maintenance and inspections of trucks are essential to ensure they are in good working order. Failure to do so could cause an collision and result in injuries for others.

Your attorney will have to deal with insurance companies. They might call you or try to settle the case by offering you thousands of dollars. However, it is important to understand your rights and ensure you get the maximum compensation that you deserve. Your attorney will be able to tell you what to do, and they will help you understand what’s best for your case.

Dealing with adjusters

You may have to deal with insurance adjusters after a trucking collision, and they will try to pressure you to accept a low-ball settlement.  Click the link: https://en.wikipedia.org/wiki/Claims_adjuster for more information about insurance adjusters. This may not be enough to cover your medical bills or cover your losses, so it is important to hire an attorney to represent you. It is also important to keep a written record of your expenses, including the amount you spent on medication, medical equipment, and psychological treatment.

While insurance adjusters may seem nice, they are primarily out to cut your payout and shift the blame. They know that you are desperate to receive compensation, and they take advantage of that by coaxing you into revealing sensitive information. If you are forced to give out information that the insurance adjuster can use against you, your attorney should be able to make sure it is documented and substantiated.

The Different Types Of Law You Can Practice

Most people don’t become lawyers overnight. It takes years of hard work and dedication to the field. You may be wondering what are some of the most common types of law. This article will give you an overview of some of the main types of law that lawyers practice. Keep reading to learn more.

Personal Injury Law

Photo by Matthias Zomer on Pexels.com

A personal injury lawyer is a lawyer who represents people who have been injured, physically or psychologically, due to the negligence or wrongdoing of another person, company, or government agency. Canadian personal injury lawyers Calgary locations, typically practice in a particular area of law, such as product liability, medical malpractice, automobile accidents, or workplace injuries. A personal injury lawyer’s job is to represent their client’s best interests, which often means seeking the maximum possible compensation for their client’s injuries. Personal injury lawyers may also work to negotiate a settlement out of court or file a lawsuit on their client’s behalf. One of the best ways to become a personal injury lawyer is to gain experience in the courtroom. This will give you the knowledge and skills you need to represent your clients successfully.

Contract Law

Contract law is a specific type of civil law. It governs the rights and responsibilities of parties to contracts. A contract is an agreement between two or more people that creates a legal obligation. The terms of a contract must be unambiguous. If a party breaches the contract, they may be liable for damages. Contract law is fundamental in business, where agreements are often made orally and must be enforced through litigation.

Corporate Law

Corporate law is the area of law that governs the formation, operation, and dissolution of corporations. It includes forming a company, issuing shares, shareholder agreements, and bankruptcy. It also covers topics such as director responsibilities and takeover regulation.

Financial Law

Financial law is the area of law that governs the financial sector. This includes laws regulating banks, securities, and other financial institutions. Financial law also has laws governing bankruptcy and insolvency. Bankruptcy is the process by which a debtor can seek relief from their debts. Insolvency is when a company cannot pay its debts as they come due. Financial law also covers taxation, contract formation, and commercial litigation.

Entertainment Law

Entertainment law is a broad area that encompasses several legal disciplines, including contract law, copyright law, and trademark law. In general, entertainment lawyers represent clients in film and television, music, publishing, and other areas where intellectual property is important. They may work on contracts for producing or distributing films or television shows, negotiate licensing agreements for copyrighted materials, or help protect trademarks and trade secrets. Entertainment lawyers must have a strong understanding of business and legal concepts to represent their clients effectively.

Become a Lawyer

While many people choose to pursue a legal career straight out of law school, there’s no reason you can’t do it later in life. Becoming a lawyer after 30 holds several benefits to doing so and there are a few things you can do to start your career. If you decide to become a lawyer, you’ll need to take the LSAT. This is the standardized test that all law schools require for admission. You’ll also need to select the right law school. Once you’ve been accepted to a law school, it’s time to prepare for the bar exam. This is the test that all lawyers are required to pass to practice law. The bar exam can be challenging, but with enough preparation, it’s achievable.

Photo by Sora Shimazaki on Pexels.com

There are many different types of law that a lawyer can practice. However, the most important thing to remember is that lawyers should be knowledgeable in all areas of law to represent their clients effectively.

Child labour

Child labour refers to the employment of children in any work that deprives them of their childhood, interferes with their ability to attend regular school, and that is mentally, physically, socially or morally dangerous and harmful. In villages, it is a common sight to see children of poor families working in fields or elsewhere to contribute to the family income. Such children are deprived of opportunities of education and are also prone to health risks.

In a sense, child labour is open exploitation as it deprives children of education and pushes them into exploitative situations. The side-effects of working at a young age are: risks of contracting occupational diseases like skin diseases, diseases of the lungs, weak eyesight, TB etc.; vulnerability to sexual exploitation at the workplace; deprived of education. They grow up unable to avail development opportunities and end up as unskilled workers for the rest of their lives.

It has been observed that in villages especially, representatives of various industries lure children with promises of jobs and wealth and bring them to the city where they are employed as bonded labour in factories. Many children are also employed as household help where they are paid minimum wages and are made to do maximum physical work.

What the law says about child labour

According to Article 23 of the Indian Constitution any type of forced labour is prohibited. Article 24 states that a child under 14 years cannot be employed to perform any hazardous work. Similarly, Article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused”. In the same manner, Child Labour Act (Prohibition and Regulation) 1986 prohibits children under the age of 14 years to be working in hazardous industries and processes.

Role of panchayat members in mitigating child labour

  • Generate awareness about the ill-effects of child labour,
  • Encourage parents to send their children to school
  • Create an environment where children stop working and get enrolled in schools instead
  • Ensure that children have sufficient facilities available in schools
  • Inform industry owners about the laws prohibiting child labour and the penalties for violating these laws
  • Activate Balwadis and Aanganwadis in the village so that working mothers do not leave the responsibility of younger children on their older siblings
  • Motivate Village Education Committees (VECs) to improve the conditions of schools.

LAW

It is the discipline and profession concerned with the customs, practices, and rules of conduct of a community that are recognized as binding by the community. Enforcement of the body of rules is through a controlling authority. Articles that delineate the relationship of law to political structures are constitution; ideology; political party; and political system. Law can be divided into two main domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations in areas such as contracts, property, torts/delicts and commercial law.

LEGAL METHODS

There are distinguished methods of legal reasoning and methods of interpreting the law.

JUDICIARY

A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional.

LEGAL PROFESSION

Legal profession, vocation that is based on expertise in the law and in its applications.

CHARACTERISTICS OF LEGAL PROFESSION

  • Social role
  • Private practice
  • Public-directed practice

CONTEMPORARY TRENDS

The prevalence of mergers between law firms of different countries is indicative of the profound changes in the legal profession brought about by globalization—the increasing exchange across international boundaries of capital, goods, technology, services, personnel, and ideas. Law firms have also taken advantage of technological advances in computers and the Internet to avail themselves of electronic databases for legal research, to provide legal advice to clients far from their home offices, and even to develop software that can be used to reduce the human element in the preparation of contracts, licensing agreements, wills, and other documentation. Supporters of these changes suggest that they will better equip law firms to compete with large accounting firms and other organizations that offer legal services, while opponents worry that they are helping to erode the distinction between law and business.

AREAS OF LAW

  • International law
  • Constitutional law
  • Administrative law
  • Criminal law
  • Contract law
  • Tort law
  • Property law
  • Equity and trusts
  • Labour law
  • Evidence law
  • Family law
  • Transactional law
  • Intellectual property law
  • Commercial law
  • Admiralty law
  • Space law
  • Immigration law
  • Tax law
  • Banking law
  • Consumer law
  • Environmental law
  • Air law
  • Competition law

LEGAL ETHICS

Principles of conduct that members of the legal profession are expected to observe in their practice. In India, under the Advocates Act of 1961, the Bar Council of India is responsible for creating rules for registering advocates, regulation of legal ethics, and for administering disciplinary action.

Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflect the basic assumptions, premises, and methods of the legal system within which the lawyer operates. They reflect as well the profession’s conception of its own role in the administration of justice.

A system in which a lawyer presents a client’s case in the most favourable light permitted by law and in which the court must decide the merits of the case may well produce different answers than those produced in a system that assigns a higher priority to the lawyer’s duty to the state to assure proper administration of justice.

AREAS OF APPLICATION

  • Conflict of interest
  • Confidential communications
  • Advertising and solicitation
  • Fees
  • Criminal cases
  • globalization

MURDER

In India according to Section 300 of the Indian Penal Code, 1860, murder is defined as follows:

Murder.–Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- 167 2ndly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused. or- 3rdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or- 4thly.-If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any e

Culpable homicide (section 299 of Indian Penal Code, 1860)is defined as

By causing death of person other than person whose death was intended.–If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause for incurring the risk of causing death or such injury as aforesaid.

Culpable homicide is a term wider than murder. Therefore, Culpable homicide is considered as the genus while murder is regarded as a species. Murder is an aggravated form of culpable homicide. In culpable homicide the knowledge is not so definite, while in murder the offender has a definite knowledge that the act would be resulting in death. Thus, the probability of causing death is higher in murder than in culpable homicide.

CAUSES OF MURDER

  • Lust
  • Love
  • Loathing
  • Loot

CIRCUMSTANCES IN AWARDING DEATH SENTENCE

Supreme Court held that following mitigating circumstances are relevant and must be given weightage in determination of sentence.

  • The age of the accused.
  • The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to the society.
  • The probability that the accused can be reformed and rehabilitated.
  • That in the facts and circumstances of the case the accused believed that he was morally justified in committing the offence.
  • That the accused acted under the duress or domination of another person.
  • That to condition of the accused showed that he was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct.

NAME OF CASES

  • State of Tamil Nadu v. T. Suthanthiraraja
  • State v. Sushil Sharma
  • Swamy Sharaddananda @ Murli Manohar Mishra v. State of Karnataka
  • Prajeet Kumar Singh v. State of Bihar
  • State of Tamil Nadu v. Rajendran

ITS ONLY MURDER IF THEY FIND A BODY OTHERWISE ITS JUST A MISSING PERSON.

ADULTERY

Sexual relations between a married person and someone other than the spouse is adultery. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Islam, and Judaism. A single act of sexual intercourse is generally sufficient to constitute adultery.

ADULTERY AND RELIGIONS

JUDAISM

Though Leviticus 20:10 prescribes the death penalty for adultery, the legal procedural requirements were very exacting and required the testimony of two eyewitnesses of good character for conviction. The defendant also must have been warned immediately before performing the act.

CHRISTIANITY

Adultery is considered by Christians immoral and a sin, based primarily on passages like Exodus 20:14 and 1 Corinthians 6:9–10. Although 1 Corinthians 6:11 does say that “and that is what some of you were.

ISLAM

Zina’ is an Arabic term for illegal intercourse, premarital or extramarital. Various conditions and punishments have been attributed to adultery. Under Islamic law, adultery in general is sexual intercourse by a person (whether man or woman) with someone to whom they are not married. Adultery is a violation of the marital contract and one of the major sins condemned by Allah in the Qur’an. It has been said that these legal procedural requirements were instituted to protect women from slander and false accusations: i.e. four witnesses of good character are required for conviction, who were present at that time and saw the deed taking place; and if they saw it they were not of good moral character, as they were looking at naked adults; thus no one can be convicted of adultery unless both of the accused also agree and give their confession under oath four times.

HINDUISM

Adultery and similar offenses are discussed under one of the eighteen vivādapadas in the Dharma literature of Hinduism. Adultery is termed as Strisangrahana in dharmasastra texts. These texts generally condemn adultery, with some exceptions involving consensual sex and niyoga (levirate conception) in order to produce an heir. According to Apastamba Dharmasutra, the earliest dated Hindu law text, cross-varna adultery is a punishable crime, where the adulterous man receives a far more severe punishment than the adulterous arya woman.[97] In Gautama Dharmasutra, the adulterous arya woman is liable to harsh punishment for the cross-class adultery. The Kamasutra discusses adultery and Vatsyayana devotes “not less than fifteen sutras (1.5.6–20) to enumerating the reasons for which a man is allowed to seduce a married woman.

ADULTERY LAW IN INDIA

Section 497 of the Indian Penal Code, a man commits an offence if he engages in a sexual relationship with a married woman without taking prior consent of her husband to do so. As a punishment, he could be imprisoned for 5 years, with or without fine.

  • The Supreme Court declares Section 497 unconstitutional
  • Adultery law under Section 497 views women as a property of men
  • It allows men to file complaint but doesn’t give women the same right

Under Section 497 of the Indian Penal Code (IPC) Adultery was an offence and a convict could be sentenced to five-year-jail term. Section defined adultery as an offence committed by a man against a married man if the former engaged in sexual intercourse with the latter’s wife. The law had come under sharp criticism for treating women as possession of men. An Italy-based Indian businessman Joseph Shine, who hails from Kerala, filed a Public Interest Litigation (PIL) last year challenging IPC Section 497. He contended that the law is discriminatory.

The Supreme Court bench that dismissed a plea challenging Section 497 had Justice YV Chandrachud on it. Current Supreme Court bench hearing the adultery law case had his son Justice DY Chandrachud on it. It was Justice DY Chandrachud, who made the observation that women could not be treated as commodity by leaving them to the discretion of their husbands in giving consent in matters of adultery. The Supreme Court said in August this year that Section 497 as anti-women to dismiss the argument that the adultery law discriminated against men.

FORCE MAJEURE EFFECTS ON THE BUSINESS

HOW WILL FORCE MAJEURE EFFECT THE BUSINESSES ALL AROUND THE WORLD DURING COVID-19 ?

Force majeure refers to a contractual provision that limits liability due to unforeseen events outside the control of the parties that delay performance of the contract or prevent performance entirely. A force majeure provision excuses performance based upon the occurrence of specific qualifying events that constitute force majeure or that fall within the purview of a broader “catch-all” category of events that may qualify as force majeure events. These may include “acts of God,” war, fire, national emergencies, labor strikes, diseases, pandemics, epidemics, natural disasters, governmental acts or regulations, and other “acts beyond the control” of the parties.

In light of the novel Coronavirus (COVID-19) pandemic, many businesses are confronting circumstances that may excuse or delay their obligations to perform under existing contracts due to the occurrence of a force majeure event. Governments and businesses have implemented measures to prevent or curtail the spread of the virus in the form of travel bans, border closures, restrictions on gathering sizes, closure of non-essential stores and businesses, cancelation of public events and other similar measures. The current and evolving restrictions designed to prevent the spread of COVID-19 may make it impossible to timely perform under the contract. Consequently, many businesses are simply unable to perform their contractual obligations. Some have invoked force majeure to eliminate or limit liability due to their inability to perform such contractual obligations. Similarly, some companies have cancelled various contracts for goods and services in light of travel restrictions and other limitations. The extent to which COVID-19 and its downstream effects and consequences constitute a qualifying force majeure event is highly fact-specific and depends on the terms of the contract, the specific facts, governing law and how courts in the relevant jurisdictions interpret force majeure provisions, among other things. With no force majeure clause it will be more difficult to claim relief. This means that the person who cannot fulfill the contract could be in breach of contract. If the contract has no force majeure clause then frustration may apply.  Even if a contract does not have a specific force majeure provision, applicable law may allow a party to excuse performance under other theories in the face of unexpected events.

COVID-19 does not itself usually stop a contract being fulfilled. It is the consequences of COVID-19 which causes problems. For many contracts entered into before January 2020 then COVID-19 issues could not have been anticipated. But it would be more difficult to claim that COVID-19 issues could not have been anticipated for a contract entered into mid-March 2020. This is important as if COVID-19 issues could reasonably have been anticipated, then relief for force majeure is probably not available. Although COVID-19 is almost certainly for most contracts an event outside the reasonable control of a party that is not enough. COVID-19 itself will probably not hinder performance; it is the consequences that matter. A government decree which is legally binding ordering a factory shut is almost certainly for a pre-2020 contract an event outside the reasonable control of the parties.

JURISDICTION OF SUPREME COURT

Supreme Court of India has original, appellate, writ and advisory jurisdiction

Original Jurisdiction

 As per article 32, Supreme Court is the guardian / protector of fundamental rights and any person whose fundamental rights are violated can directly approach the Supreme Court for remedy. Supreme Court has from time to time interpreted the fundamental rights and has protected the Citizens of India from any unconstitutional legislation which breech their fundamental rights. Any matter regarding the enforcement of Fundamental Rights comes under the Original Jurisdiction of the Supreme Court. Apart from this, Supreme Court is the Highest Interpreter of the Constitution and tribunal for final settlements of the disputes between Center and States as well as States and States. Supreme Court has original original Jurisdiction in matters related any dispute between:

  • Government of India and one or more states
  • Government of India and State(s) on one side and State(s) in other side
  • State(s) and State(s)

The dispute should involve a question whether of law or fact on which depends existence of a legal right which the court is called upon to determine.

Appellate Jurisdiction

Supreme Court is the Highest Court of appeal and the writs and decrees of Supreme Court run throughout the country. The cases come to the Supreme Court in the form of appeals against the judgments of the lower courts and this is called appellate jurisdiction. Appellate jurisdiction involves the Constitution, Civil and criminal matters. An appeal can be made in the Supreme Court against any judgment, decree or final order of the High Court in the territory of India, whether in a civil criminal or other proceedings, if the High Court Certified that the case involves a substantial question of law as to the interpretation of the Constitution. Even of the High Court refuses to give such certificate , the Supreme Supreme Court can grant special leave to appeal if the court is satisfied that the case involves a substantial question of law as to the interpretation of the Constitution. In every matter that involves the interpretation of the constitution whether, civil, criminal or any other proceeding, the Supreme Court has been made the final authority to elaborate the meaning and intent of the Constitution.

 As far as criminal cases are concerned there are 3 situations in which criminal appeals in Supreme Court are permitted: (Article 134)

  • The High Court has on appeal reverse the order of acquittal of accused person and sentenced him to death.
  • The High Court has withdrawn for trial before itself any case from any subordinate court and such trial convicted the accused person and sentenced him to death.
  • High Court certifies that the case is worth appeal to the Supreme Court.

ADVISORY JURISDICTION

Article 143 (Power of President to consult Supreme Court) discusses the advisory jurisdiction of the Supreme Court.

  • If the president feels that a question of law or fact has arisen or is likely to arise and the question is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he can refer the same to Supreme Court for its advisory Opinion.
  • Such an opinion is NOT binding on the president.

Can Supreme Court overrule its own verdicts?

It is said that the Lower court is concerned with the facts and High Court with the error of the judgment of the lower court. The Supreme Court is concerned with wisdom. But the Supreme Court may also go wrong and such wrongs can be rectified. Article 137 of the Constitution provides that Supreme Court can review and revise its own orders.

EVE TEASING

Eve teasing refers to public sexual harassment of women by men. It ranges from sexually suggestive remarks, brushing in public places and catcalls, to groping. Some people suggest women to not attract men by wearing conservative cloths. Sexual harassment involves nonverbal, verbal, physical, or visual sexual attention, intimidation, or coercion that is unwelcome and unwanted and often has a negative impact on the psychosocial health of the victim. Eve teasing is a common form of sexual harassment.

DEPICTIONS IN POPULAR CULTURE

This issue is depicted in television soaps like Savdhaan India and Crime Patrol. Indian cinema has been depicting eve teasing because of which its rate has increased. They show eve teasing as a part of flirtatious beginnings of a courtship, along with the usual accompaniment of song and dance routines, which invariably results in the heroine submitting to the hero’s advances towards the end of the song. Young men tend to emulate the example depicted so flawlessly on screen. In some movies it has been shown that when a girl is teased in this way, the hero will come and beat the guy up.

FORMS OF EVE TEASING

  • Passing vulgar comments
  • Touching
  • Pushing
  • Shoving
  • Vulgar stare
  • Winking
  • A sly whistle
  • An opportune clap
  • Collision
  • Despicable gestures

CAUSES OF EVE TEASING

  • Natural attraction to each other
  • Lack of religious education
  • Unmindful about religions
  • Unfair dress
  • Open sky culture
  • Alcoholism and drug addiction
  • Unemployment
  • Lack of social bondage
  • Absence of family educations
  • Computer, mobile etc.
  • Political patronize
  • Cultural aggression
  • Obscene cinema, drama and song
  • Absence of law
  • Environment

CONSEQUENCES OF EVE TEASING

  • Suicide
  • Mental disease
  • Family trouble
  • Blocking education
  • Killing and oppression
  • Child marriage

WAYS TO PREVENT EVE TEASING

  • Keep alert
  • Raise the alarm
  • Strong body language
  • Do not assume traditional clothing will keep you safe
  • Do not pay too much attention to strangers
  • Family education
  • Both the victim of this social evil and offender need to be counseled
  • Victims must come forward and register a complaint
  • Giving stringent punishment to the offender
  • Implementation of Regulations

NATIONAL COMMISSION FOR WOMEN

Mission-To strive towards enabling women to achieve equality and equal participation in all spheres of life by securing her due rights and entitlements through suitable policy formulation, legislative measures, effective enforcement of laws, implementation of schemes/policies and devising strategies for solution of specific problems/situations arising out of discrimination and atrocities against women.

Vision-The Indian Woman, secure in her home and outside, fully empowered to access all her rights and entitlements, with opportunity to contribute equally in all walks of life.

LEGAL PROVISIONS PERTAINING TO EVE TEASING IN INDIAN PENAL CODE

  • Section 294: liable to punishment
  • Section 354: imprisonment for a term of 1-5 years
  • Section 354 A: imprisonment for a term of up to 3 years
  • Section 354 D: fine and imprisonment for a term of three years
  • Section 509: imprisonment for a period up to three years

AS A CHILD SHE FEARED THAT THERE WAS A MONSTER HIDING IN HER CLOSET. YEARS LATER SHE REALIZED; MONSTERS DON’T HIDE RATHER THEY ROAMED FREELY ON THE STREETS.

SEXUAL HARASSMENT

An act to be constituted as sexual harassment does not have to be sexual. Sexual harassment is any form of unwelcome sexual behavior that’s offensive, humiliating or intimidating. It can be written, verbal or physical, and can happen in person or online. It includes:

  1. Making physical contact without a person’s consent
  2. Making comments that have sexual meaning
  3. Asking for sexual favors
  4. Staring at someone
  5. Making sexual gestures
  6. Insulting with sexual comments
  7. Cracking sexual jokes
  8. Sexual assault

AFFECTS OF SEXUAL HARASSMENT

  1. Depression
  2. Stress
  3. Sleep problems
  4. Headache
  5. Lack of confidence and self esteem
  6. Lack of concentration

WHAT CAN BE DONE

  1. Be informed
  2. Talk to the offender
  3. Save any evidence
  4. Keep a diary
  5. Get external information and advice
  6. Tell someone
  7. Make a formal complaint

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (Prevention, Prohibition and Redressal )  Act, 2013 It seeks to protect women from sexual harassment at their place of work. It was passed on 3 September, 2012 by Lok Sabha. It was passed on 26 February, 2013 by Rajya Sabha. The act came into force on 9 December 2013.

The introductory text of the Act is:

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment;

AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognized human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;

AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace

COMPENSATION DETERMINATION

It is based upon:

  1. The mental trauma
  2. Pain
  3. Suffering
  4. Emotional distress
  5. Medical expenses incurred
  6. Loss in the career opportunity

DUTIES OF EMPLOYER

  1. Provide a safe working environment
  2. Display the penal consequences of sexual harassment
  3. Organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act
  4. Deal with the complaints
  5. Treat sexual harassment as a misconduct

CIRCUMSTANCES

The Act also provides the circumstances under which an act may amount to sexual harassment. These are:

(i) Implied or explicit promise of preferential treatment in her employment; or

(ii) Implied or explicit threat of detrimental treatment in her employment; or

(iii) Implied or explicit threat about her present or future employment status; or

(iv) Interference with her work or creating an intimidating or offensive or hostile work environment for her; or

(v) Humiliating treatment likely to affect her health or safety

CONCLUSION

Sexual harassment rate at workplace is high in India. There is a need to provide positive and safe environment at workplace. Security at work must be provided, New strategies should be made by the employers and managers to protect the organization from this evil. Separate laws should be made. a law dealing with sexual harassment would provide women immense support in their struggle. Women should not accept anything as it is because now it’s the time to speak out against all the injustice done to them.