Community Question Bank

If you have had a miscarriage or an abortion then upon showing proof of the same, you will be entitled to leave and payment at the rate of maternity benefit for 6 weeks from the date of the miscarriage or abortion. If you have had a tubectomy operation then you get leave with wages for two weeks from the date of your operation. If you have suffered from an illness due to a miscarriage, abortion or tubectomy operation, you will get an additional month of leave with wages.(( Section 9,9A and 10, The Maternity Benefit Act, 1961.))

For the purpose of calculating the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared to be paid holidays during the period of 12 months immediately preceding the date of her expected delivery shall be taken into account.(( Explanation, Section 5(3), The Maternity Benefit Act, 1961.))

In a case where the factory remained closed during the rainy season, those days were added to the days during which she worked for the purpose of calculation.(( F.M. Kolia and Ors. Vs. Manager, The Tiles and Pottery Works Ltd. and Ors. (1981) 22 GLR 528.)) Even in a case where the woman had worked for a few half days, they were counted as full days for the purpose of calculating the total number of days she had worked at the establishment.(( Ram Bahadur Thakur (P) Ltd. Vs. Chief Inspector of Plantations (1989) IILLJ 20 Ker.))

Employees working in the public sector get certain paternity leave benefits. Male employees with less than 2 surviving children get a leave of 15 days to take care of their newborn/ adopted child.(( Section 551 (A), Central Civil Services (Leave) Rules.)) A man can avail this leave 15 days before delivery, or within 6 months from the date of delivery of the child. The payment during the leave will be equal to the pay last drawn immediately before proceeding on leave.

However, this concept does not exist for private-sector employees, unless specific companies allow for it. The proposed Paternity Benefit Bill, 2017 seeks to protect the paternity rights of working men, but it has not been passed yet.

The Employees State Insurance Act, 1948( ESI ) is a law meant to financially support workers when they go through medical distress. Under the ESI law, you are eligible to get periodical payments in terms of maternity benefit. However, you have to work for 70 days to be eligible for maternity benefit. The benefits under the ESI law are as follows:

• You are entitled to paid maternity benefits for a period of up to 26 weeks. Out of this, the benefits of 8 weeks can be availed before delivery.(( Section 56(2), Employees’ State Insurance (Central) Amendment Rules, 2017.))
• The maternity benefit under this law is a “Standard Benefit Rate”. It is the total amount of salary/wages received during a contribution period divided by the total number of days you have worked for or Rs. 25 whichever is higher.
• The type and time period of the benefits you can avail, if you have undergone miscarriage, abortion or are sick owing to your pregnancy, is the same under this law as it is under the Maternity Benefit Act.
• If a woman dies during delivery or in the period following her delivery then the same rules as under the Maternity Benefit Act apply.
• Under this Act, you cannot be dismissed, discharged, or punished while you are receiving maternity benefit.(( Section 73, Employees State Insurance Act, 1948.))

You are also entitled to a confinement expense of Rs.5000, provided that the confinement occurs at a place where necessary medical facilities under the ESI Scheme are not available.(( Section 56A, Employees’ State Insurance (Central) Amendment Rules, 2017.))

A person who is dissatisfied with the services of a lawyer can file a complaint against the advocate in the State Bar Council. The National Consumer Dispute Redressal Commission held in a judgement that lawyers are service providers under the Consumer Protection Act, but this was stayed by the Supreme Court of India in 2009 and still remains pending in the court, so there is no remedy available against an advocate in a consumer court currently.(( Bar of Indian Lawyers Vs. D.K. Gandhi and anr, Special Leave to Appeal (Civil) Nos. 3052/2008))

Doctors appointed by the Central Government under the Central Health Service (CHS) are not allowed to have a private practice of any kind whatsoever including any consultation and laboratory practice.(( Central Health Service Rules, 2014, Rule 13, https://main.mohfw.gov.in/sites/default/files/40341676761406801162.pdf. )) CHS was constituted to manage various medical posts under the Central Government, Union Territories and certain other organizations. Presently, it caters to the needs of various participating units like Directorate General of Health Services including the organizations under its control, Central Government Health Scheme, Govt. of NCT of Delhi, Ministry of Labour, Ministry of Finance, Department of Posts etc.(( Central Health Services, MINISTRY OF FAMILY HEALTH AND WELFARE, https://main.mohfw.gov.in/sites/default/files/6355649643BackgroundCHS_0_0_0.pdf.)) Officers under CHS are entitled to a Non-Practicing Allowance (NPA) of 20% of Basic Pay subject to the condition that the Basic Pay plus NPA does not exceed ₹ 2,37,500.(( Report of the 7th Pay Commission, GOVERNMENT OF INDIA, Pg: 348 https://www.finmin.nic.in/sites/default/files/7cpc_report_eng.pdf?download=1))

As Health comes under the State list(( Sch. 7 List II Entry 6, Constitution of India, 1950.)), information pertaining to the doctors in private practice across the country is not centrally maintained. Each state has different rules of medical practice.(( Non-Practicing Allowance Of Doctors In Government Hospitals, GCONNECT, GOVT. EMPLOYEES ONLINE PORTAL, https://www.gconnect.in/orders-in-brief/pay-allowances/allowance-orders-in-brief/non-practicing-allowance-doctors-government.html.))

Architects are generally not allowed to advertise their professional services or let their names be included in any advertisements or forms of publicity. There are a few exceptions to this rule(( Article 2(1) (xvv), Architects (Professional Conduct) Regulations, 1989.)):

• He/she can publish a notice of change in address on three occasions and his/her clients can be informed by post.
• He/she can put his name outside his/her office and on the building for which he/she was an Architect, in a lettering not exceeding 10 cms.
• He/she can publish advertisements which include the name and address of the Architect for calling of tenders, staff requirements and similar matters.
• His/her name can be associated with illustrations and descriptions of his work in the press or other public media but he shall not give or accept any payment for such appearances.
• His/her name can appear in advertisements inserted in the press by suppliers or manufacturers of materials used in a building he has designed, provided his name is included in a pretentious manner and he does not accept any payment for its use.
• His/her name can appear in brochures prepared by his/her Clients for the purpose of advertising or promoting projects for which he has been hired.
• He/she can publish brochures, pamphlets describing his/her experience and capabilities for distribution to those potential Clients whom he/she can identify by name and position.
• His/her name can appear in the classified columns of the trade / professional directory and/or telephone directory/ website.

Indian Medical Council regulations provide measures to ensure that a physician maintains their professional autonomy. It states that the physician or doctor shall not accept anything from any pharmaceutical or allied health sector industry. This includes:(( Regulation 6.8, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002))

• Gifts
• Travel Facilities
• Hospitality
• Cash or monetary grants

Moreover, a medical practitioner shall not endorse any drug or product of the industry in public.

An Advocate cannot be the full-time employee of any person, firm, government, corporation, or concern. If they still take up such an employment, they would have to bring it to the notice of their respective Bar Council and cease to practice as an advocate for the term of employment.(( Rule 49, Chapter II, Part VI, Bar Council of India Rules, 1975.))

Engaging in Business

An advocate cannot personally engage in business, but can be a sleeping partner in a firm. However, the nature of the firm’s business should not be against the dignity of the profession in the opinion of the State Bar Council.(( Rule 47, Chapter II, Part VI, Bar Council of India Rules, 1975.)) They cannot be Managing Directors or Secretaries of a company, but can be a part of the Board of Directors, but even then, cannot have executive duties.(( Rule 48, Chapter II, Part VI, Bar Council of India Rules, 1975.))

Family Business

If the advocate has inherited any family business, they can go with it, provided that they do not participate personally in the management.(( Rule 50, Chapter II, Part VI, Bar Council of India Rules, 1975.))

Education/Journalism

An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers.

An advocate can engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal. But this will have to be according to the other rules about advertising and full-time employment.(( Rule 51, Chapter II, Part VI, Bar Council of India Rules, 1975.))

Taking up part time employment

An Advocate can also take up part-time employment after obtaining the consent of the State Bar Council.(( Rule 52, Chapter II, Part VI, Bar Council of India Rules, 1975.))

Although Advocates are not allowed to take up employment, they are allowed to teach law in any educational institution under a University recognized by the University Grants Commission. You can find the list of universities here. However, they can only teach in the institution for three hours a day. They will only be considered as a part-time employee of the institution.(( Rule 3, The Advocates (Right to Take up Law Teaching) Rules, 1979.))

No, only a Registered Medical Practitioner under the Indian Medical Council Act can issue a Medical Certificate in India.(( Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Rule 1.3.3)) Registered Medical Practitioner means a person who has gotten registered with the State Medical Council after finishing the undergraduate medical course in a college that is recognized by the state government and is approved by the Medical Council of India. Nurses cannot be categorized as Medical Practitioners and hence, do not have the authority to issue a medical certificate.

Only Registered Medical Practitioners under the Indian Medical Council Act can issue Medical Certificates in India. Registered Medical Practitioner means a person who has gotten registered with the State Medical Council after finishing the undergraduate medical course in a college that is recognised by the State government and approved by the Medical Council of India.(( Section 2(g)(ii), The Mental Healthcare Act, 2017.)) A clinical psychologist does not have a medical degree but requires a Post-Graduate degree in Psychology/Clinical-Psychology/Applied-Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology. Therefore, clinical psychologists can issue reports and certificates only in special circumstances. A clinical psychologist is required to issue a certificate in cases where a person is admitted to a mental facility against their will, stating that a person does not have the capacity to consent or there is a risk to self, others, or personal or public property; and the person is not able to take care of themself due to the mental illness.(( Section 89, The Mental Healthcare Act, 2017.))

The Architects Act(( Section 37, The Architects Act, 1972)) only prohibits the use of the title of an ‘architect’ if a person is not qualified or registered under the Act. However, it does not prohibit a person from carrying out the practice of architecture including designing, supervising or work of construction, even if they are not registered under the Act.(( Council of Architecture v. Mr Mukesh Goyal & Ors (Civil Appeal No 1819 of 2020), https://main.sci.gov.in/supremecourt/2014/21001/21001_2014_3_1501_21539_Judgement_17-Mar-2020.pdf.))

An advocate can represent their family members, except in the following situations:(( Rules on Professional Standards, The Bar Council of India.))

• An advocate shall not appear in any case in which the outcome of the case will benefit him/her monetarily. For example, an advocate cannot represent a person in a suit for the partition of a Joint Family Property in which he/she has a share.
• An advocate shall not appear in a case in which he/she is or can be a witness to the case. For example, an advocate cannot appear in a case where his one family member is accused of hitting the other family member.

An advocate shall not practice in a court where he/she is related to the judge as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.
Failure to follow these standards may result in disciplinary actions against the advocate.

An architect can be held responsible for any structural flaws or defects in the building for which he/she was hired, for a maximum period of three years after the building is handed over to or occupied by the owner (whichever is earlier). This can lead to a consumer protection case as it is a deficiency in the service provided by the architect.(( Architects Professional Guidelines, Council of Architecture, point 6, https://www.coa.gov.in/index1.php?lang=1&level=1&sublinkid=271&lid=250.)) An architect is not responsible if the damage to the building has occurred in the following circumstances(( Architects Professional Guidelines, Council of Architecture, point 4.3 https://www.coa.gov.in/index1.php?lang=1&level=1&sublinkid=271&lid=250.)) :

• The building is used for the purposes other than for which it has been designed.
• Any changes to the building carried out by the owner without the consent or approval of the architect who designed and/ or supervised the construction of the building.
• Any changes, alterations or modifications are carried out by consulting another architect without the knowledge and consent of the architect hired initially or without obtaining No Objection Certificate from him.
• Illegal/unauthorised changes, alteration, renovations or modifications carried out by the owners.
• Any compromise with the safety norms by the owner.
• Distress due to leakage from terrace, toilets, water logging within the vicinity of the building and that would affect the strength/stability of the structure or general well-being.
• Lack of periodical maintenance.
• Damages are caused by any `specialised consultants’ hired for design and supervision work, who were appointed/ engaged in consultation with the Client.
• Damages are caused to the building for reasons beyond the control of the architect.

Nurses have the responsibility of monitoring the condition of the patients and administering medication/medicines at regular intervals. They assist doctors and help set up medical equipment in operation theaters and clinical laboratories. They also assist the doctors in telling the medical condition of patients.(( Nursing Prospects, https://www.nhp.gov.in/nursing_pg)) Currently, under the National Medical Commission Act of 2019, nurses are authorised to independently prescribe specific medicines in primary and preventive healthcare. In cases other than primary and preventive healthcare, they can prescribe medicines only under the supervision of doctors.

An attorney-client privilege is a protection given to the communications that take place between the advocate and their client in the course of their professional relationship. Any person who seeks advice from the advocate or attorney registered under the Advocates Act, would have the benefit of the privilege. An advocate is not allowed to disclose any information received by the client or the contents of any document used for the purpose of such relationship unless the client allows the advocate to disclose any such information. This privilege continues even after the termination of this professional relationship. However, it does not provide protection to any communication or advice received before the beginning or after the end of the employment, only during. The privilege does not extend to any communication that is made for performing any illegal purpose or if any crime or fraud has been committed by the client after entering into this professional relationship. Further, if the client discloses something to their advocate and the advocate is called as a witness then under such circumstances the advocate can disclose such information.(( The Indian Evidence Act, 1872 ( Act no.1 of 1872), s. 126.)) For example, if a client discloses to their lawyer that they wish to take a bribe for performing their official duties, this communication being made for an illegal purpose will not be covered under the Attorney-client privilege and a lawyer can disclose this information in the court of law.

If you have accepted the job offer before you have signed an appointment letter or employment contract, you can withdraw your acceptance. This applies to the employer as well. The employer may revoke the job offer after you’ve accepted it but before you’ve signed any paperwork.

If you accepted a job offer verbally or through writing and you and the employer did not intend to enter into any further formal contract, then the acceptance can be considered as final. Due to this finality, the employer may take action against you for withdrawing from a final contract.

However, if you did intend to enter into a contract after a verbal/written acceptance of a job offer, the employer may not take any action towards you, for rejecting the job offer at this stage.

If you violate the confidentiality/non-disclosure clause in your employment contract, your employer may file a civil or a criminal case against you.

Your employer may file a civil case if they want to stop you from sharing any information or if they want to get monetary compensation from you for violating the terms of the contract.

Your employer can also file a criminal case against you for violating the confidentiality clause and you may be charged with:

• Theft (ex. documents)
• Hacking
• Causing damage to a computer system
• Tampering with computer source document
• Violating the privacy policy of the company

However, it is important to note that using your own knowledge, skill, and experience at your new job, even if it was acquired during the course of employment at your previous company will not be considered confidential information or trade secrets.

While discussing the terms given to you in the offer letter by your employer or before signing the contract, it is important to negotiate if you are unhappy with the terms. Keep in mind the following:

• Understand and state the value you bring to the organization
• Be aware of the technical terms (legal and non-legal) in the contract
• Make your contract is personalized
• Make sure you are not restricted from gaining employment in any other place once you resign
• If anything sounds unfair or unreasonable, talk to your employer
• Changing the terms of your contract is hard after signing it.

No, your PF account stays the same, even if you change jobs. At the time of your first job where your PF account has been opened, you are allotted a Universal Account Number (UAN) which stays the same throughout your career.

HR policy or Human Resource policies are an organization’s guidelines to manage its employees. It provides guidance to employees and employers on how the organization functions and provides for strict rules on things you can and cannot do in the organization. For example, the HR policy will specify the manner in which you have to inform your employer that you are taking leave. Many employment contracts refer to the HR policy and not following the HR policy may lead to disputes with your employer, which in turn may result in termination.

If you decide to quit your job, inform your employer in the manner provided in your employment contract. You may either have to give a notice period or comply with any other formality as given in your employment contract.

A joining bonus is an amount of money paid to a new employee as an incentive to join that company. A joining bonus may be offered in these situations:

• When your new employer wants you to join as soon as possible, they may offer you a joining bonus to quit your old office and forgo the notice period.
• When a company, especially a start-up, wants to persuade you to join.

EPF and PPF are both long-term saving schemes offered by the government. The difference between the two is that EPF scheme is mandatory for employees working in an organisation of more than 20 people and PPF is an optional scheme available to eligible citizens.

The job offer should express the willingness by the employer to enter into a legally binding contract with you. It should not be a passing statement made by your employer, but has to be a definitive statement offering you the job. For example, if your employer says ‘I think I can hire you’, this is not indicating his willingness to hire you and this would not be a job offer.

Yes, your employer can ask you to sign a non-disclosure agreement, in situations after you leave the office. This is done to maintain the confidentiality of the work done by the employer. Indian Courts have ruled that the only post-termination restrictions that can be allowed are non-disclosure terms and non-solicitation terms.

No, employers cannot deny you the freedom and right to move to any firm if you decide to quit. Such restrictive terms in the contract are very problematic for employees and Indian courts have said that the protection of the rights of an employee seeking employment is more important than protecting the interests of the employer. If such a term is there in your contract, then you should talk to your employer. It is typically referred to as a non-compete clause. If your employer does not want to negotiate or remove such a term in your contract, then your only remedy is to go to court.

Contracts may be in written or oral form but in a scenario where there is no documentation of the offer and acceptance of the job, it may be more difficult to discover whether your employer and you have agreed and promised to honour the words spoken. This is why it is better to have an employment contract that is written and signed by your employer and you. It is also a useful proof for any proof of employment or filing of taxes.

The Local Complaints Committee has:

• A woman Chairperson, a woman in the field of social work committed to the cause of women
• A woman who is working in the block, taluka, tehsil, ward or municipality.
• Two members, who are from NGOs/associations/persons committed to the cause of women or are familiar with issues of sexual harassment
  • At least one of them should be a woman
  • At least one of them must have a background of law or legal language
• An Ex-Officio member, who is an officer dealing with social welfare or women and child development in the district

Sexual harassment is a form of gender-based discrimination. Not all gender-based discrimination at a workplace is sexual harassment. To understand if your case of gender-based discrimination is sexual harassment please look at the explanations above. For more information, please contact a lawyer.

Yes. If a woman was in a relationship with a man but isn’t anymore, she can file a complaint against him if he has harassed her sexually at her workplace.

Yes. Women customers/patrons of a store can file a case of sexual harassment against a store owner/manager.

Yes. A woman teacher/professor can file a case of sexual harassment against a student.

Yes. The Act gives you a choice. You can deal with the offender within the office where the harassment took place, or in a court, or in both. If you wish, you can file a criminal complaint as well as a complaint to your Internal/Local Complaints Committee.

No. The current law only protects women who are sexually harassed in workplaces. However, workplaces can have gender-neutral policies.

A member of the Internal Complaints Committee has to be removed from office if they:

• Give any information about a sexual harassment case to the public
• Have been convicted of a crime or are currently the subject of an inquiry themselves
• Are found guilty in a disciplinary proceeding, or have disciplinary proceedings pending against them
• Have abused their position in any way

After a member is fired from the committee, the employer will have to find a new member to replace them.

If you are responsible for the management, supervision, and control of the workplace then you will be understood as an employer under the law. This means you must work to prevent sexual harassment. Offices and employers can include(( Section 2(g), The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):

• Government offices, where an employer is usually the head of department. Sometimes, the government may decide that another person will be considered as the ’employer.’
• Private offices, where an employer is any person who manages and is in charge of the office. This includes the board or committee making policies and putting them in place.
• Any office, where a person is an employer according to their contract.

In a home, where the person or the house which hires a domestic worker. The type of the work and the number of workers do not matter.

If flirting is unwelcome and makes you uncomfortable then it can be seen as sexual harassment.(( Section 2(n), The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

It is the employer’s responsibility to ensure the timely submission of reports by ICC which are then made available to the concerned parties.(( Section 19, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) If the employer fails to provide the report on time, he/she can be fined for 50,000 Rs.(( Section 21, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)). In case there is a delay in the delivery of the investigation report, a complaint can be taken to the Appellate authority prescribed under the service rules of your establishment. In case, there are no service rules, an appeal can be taken to the authority as mentioned in the internal policy of your establishment. If you are dissatisfied with the order of this Authority, you can take the matter to the court with the help of a lawyer.

Yes. The Complaints Committee has the right to end the inquiry. Also, if either the victim or the accused is absent for three hearings in a row, the committee can make a decision and give an order. The Committee can only do this if it has given a 15-day notice to both the victim and the accused in writing.

Workplaces with more than 10 employees are required to set up an Internal Complaints Committee that specifically handles cases of sexual harassment. If you face sexual harassment at your workplace, you can submit a written complaint to the Committee.(( Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

The composition of the Committee and the distribution of members is meant to ensure that the investigation is not biased. The members of the Committee(( Section 4(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) must include:

• A presiding officer, who is a woman employed at a senior level. If the presiding officer acts in violation of her powers, she will be removed and a new nomination will take place.
• At least two employees, preferably those who are committed to the cause of women or who have had experience in social work or have legal knowledge.
• One member from a non-government organisation or association committed to the cause of women, or a person familiar with sexual harassment issues. This member will be paid.

At least half of the members of the Committee must be women.

If you feel that the existing Committee is biased, you can request the reconstitution of the Committee on the ground of bias. In this case, you need to establish that there is a real likelihood of bias. Mere apprehension would be insufficient for requesting the reconstitution of the Committee.(( Somaya Gupta v Jawaharlal Nehru University, https://indiankanoon.org/doc/36129445/))

During the investigation, the Committee has to follow certain regulations while making inquiries. If you have filed a complaint accusing another employee, both you and the accused have to be given an opportunity of being heard during the inquiry by the Committee. A copy of the Committee’s findings has to be made available to you and the person you have accused. This enables you to make a representation against the findings before the Committee.(( Section 11, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

Within 10 days after completing the inquiry, the Committee has to provide a report of its findings to the employer, and the report will be made available to both the complainant and the accused. The Committee may decide that your sexual harassment allegation against the accused has not been proved.(( Section 13, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) If you are not satisfied with this decision due to any reason including bias, you can appeal to the court.(( Section 18, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

If you are being sexually harassed at work and you don’t want to approach the Committee fearing bias etc., you also have an option to directly file a criminal complaint with the police.

If you are a working woman in any capacity, you will be protected from being subjected to sexual harassment at the workplace no matter the terms or conditions of employment, where you are employed or if you are simply visiting a place of work.

You can complain about instances of the illegal employment of children or adolescents to the nearest police station or fill out all the details that you know in a complaint form by the Ministry of Labour. You can access the same here.

No, the law specifically states the importance of a child’s education and so you should not force your child to quit school. Instead, you should encourage him or her to learn and work at the same time. You should keep in mind:

• Your child can only work in a family enterprise to help his or her own family and only work for the family.
• Your child should not be given work during school hours and between 7 pm and 8 am.
• Your child should not be engaged in tasks which may severely affect his education or homework or extra-curricular activity assigned to him or her.
• Your child should not be engaged in continuous tasks without rest which would make him or her tired. It is important to provide care and support for the child by providing breaks to refresh his health and mind. That is why the law states that the child should not work continuously for more than 3 hours.

The parents or guardians of the children who are working in violation of this law will generally not be punished for allowing their children to work.

However, this immunity does not apply if they make their child (who is under 14 years of age) work for commercial purposes or make their child (between 14 years and 18 years) work in a hazardous occupation or process.

The law does give them a chance to correct their wrong – when they are caught doing this the first time, they can settle it by paying money. However, if they make their child work again in violation of the law, they can be punished with a fine of up to Rs. 10,000.

We have been unable to locate sufficient information on the existence of the fund in the District. Despite filing an RTI, our query regarding this was not cleared.

India has signed two conventions, Convention 138 and 182 of the International Labor Organization. These two conventions say that:

• Minimum age of children for employment should not be less than completion of age of compulsory education, which is 14 years.
• Elimination of worst forms of child labour.

Yes, this is child labour and it is specifically stated in the child labour laws that performing on the streets for monetary gains is not allowed. Hence, what you can do is go to the nearest police station to file a complaint and the inspector will then look into the complaint.

Apart from sports and movies a child can work in other jobs such as:

• Cinema and documentary shows on television, like reality shows, quiz shows, talent shows. A child can also participate in a radio activity.
• Drama serials.
• Anchor of a show or event.
• Other artistic performances which the Central Government will permit in individual cases but these do not include street performances for monetary gains.

The employer has a duty to maintain a register which must be made open for checking by the government inspector during office hours. The register should contain the following details of all adolescent employees:

• name and date of birth
• working hours and periods of work as well as the periods of rest
• the type of work.

We understand your question to mean, ‘What does the law say about intercourse with employees in a fiduciary relationship?’ Based on this understanding, we can tell you that Section 376C of the Indian Penal Code speaks of sexual intercourse by a person in authority.

The law provides punishment for any person who abuses his position or fiduciary relationship (relationship of trust) to convince or seduce any woman to have sexual intercourse with him. The woman could be in his custody, under his charge or present in the premises. Please note that here, sexual intercourse does not refer to rape, which is dealt with as a separate offence under Section 375 of the Indian Penal Code.

The person who persuades the woman to have sexual intercourse could be:

1. a) in a position of authority or in a fiduciary relationship; or
2. b) a public servant; or
3. c) superintendent or manager of a jail, remand home, other place of custody, or a women’s or children’s institution; or
4. d) on the management or staff of a hospital.

In these cases, the person in authority can be punished with imprisonment for five to ten years, along with a fine.

Yes, whistling at a woman on the street is a crime of sexual harassment. The punishment for making sexual gestures is jail time between minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

Yes, you can file a complaint against this man because he is inappropriately touching you. Any man who is inappropriately touching a woman, will be punished with a jail time of minimum one year and up to five years with a fine(( Section 354, Indian Penal Code, 1860.))

If someone makes a sexual threat to you then you can file a police complaint. He will be punished under the law with jail time of minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.)) Afterwards, to stop him from bothering you, you have the option to block his number on your phone. To explore more on blocking on phones, read our explainer on Blocking users on Phone.

Based on the FIR that you file, the police will conduct an investigation. The result of that investigation will be submitted by the police to the Court in the form of a charge sheet. At this point the judge will decide on whether the person who is being accused is guilty or not. This is when the criminal case actually begins. To explore more on the process of charge sheet, read our explainer on Charge sheet.

Yes, you can file an FIR against your husband if he rapes you or tries to have sex with you forcefully, while you are separated. He will be punished with jail time anywhere between seven years and life imprisonment, along with a fine.(( Section 376 B, Indian Penal Code, 1860.))

Your expectation of privacy can extend to all situations in your private space. If a man intrudes into your private space, then you can file a complaint as this is a crime under the law. Some of these situations are(( Section 354C, Explanation I, Indian Penal Code, 1860; Section 354C, Explanation II, Indian Penal Code, 1860.)):

• When you have created a private space reasonably (such as locking a room) etc.
• When you are in a situation or a place where you can reasonably expect that no one else is present, such as a changing room in a store, or you have allowed someone else you trust to also share your private space.
• Any behavior or activities which you would consider are private in nature. For example, while you are sleeping in your own room or while you are changing your clothes in your room.
• Where you are doing any sexual activities by yourself or with a person.

Situations where your private parts are exposed. For example, a man is looking at you while you are taking a bath or using the toilet.

If your boyfriend, without your consent, sent the videos to his friends, then it is a crime under the law. Distribution of your video to multiple people without your consent, is a crime and your boyfriend can be punished for a jail time of minimum 1 year and maximum of 3 years with a fine. If his friends had forwarded the video knowing that you had not given your consent, then even they will be punished under the law. You can file a complaint to make sure that the video does not get circulated.

Yes, trying to remove your clothes forcefully is a crime, irrespective of the place where it occurred, i.e. public or private. You can file a complaint against the man who disrobed you and he can be punished with jail time of minimum three years and maximum seven years with a fine.(( Section 354B, Indian Penal Code, 1860.))

Yes, if the person is accused of stalking for the first time, he can get bail as stalking is a bailable offence. It is important to note that only men are punished under the law for stalking. If a man is being convicted by the court for repeating the crime of stalking, then stalking is a non-bailable crime. However, you can get bail for non-bailable crimes in some situations.(( The First Schedule, Code of Criminal Procedure, 1973.)) To explore more on non-bailable crimes, read our explainer on ‘Bail for Non-Bailable Crimes’.

You can take the following steps if the police officer refuses to file your FIR:

• If a Police Officer does not accept your complaint then you can write down your complaint and send it to the Superintendent of Police. If the Superintendent feels that there is merit in your case, then they can appoint Police personnel to start an investigation for your complaint.
• Take the help of a lawyer while going to the police station. This is useful as lawyers will be able to advocate on your behalf and the possibility of harassment you may face from police officers will be less.
• Go to another police station nearby to file the FIR. This is known as Zero FIR. You can file an FIR at any police station and the police officers have to mandatorily record the information given, and then transfer it to the police station in whose area/jurisdiction the offence took place.
• Request someone else to file the FIR on your behalf. You can give this person details of the violence/harassment that you have faced so they can file the FIR on your behalf.

Approach the District/Judicial Magistrate directly to file a ‘private complaint’, but only after going to the police. To understand more on this information, consult a lawyer in the District Court.

Normally, for crimes, a lawyer representing the government leads the case. The child’s family can appoint their own lawyer who will act under the government lawyer’s instruction as per section 301 of the Code of Criminal Procedure, 1973. If the child’s family cannot afford to hire their own lawyer, they can get a lawyer free of cost from the government.

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

Yes, if your uncle has sexually abused you, then he can be held liable under the Protection of Children Against Sexual Offences Act, 2012 (POCSO). This law protects children who live in a shared household with people who are related through:

• blood relationships; or
• marriage (or in the nature of marriage); or
• adoption; or
• family members living as a joint family.

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

If you believe a child is being sexually abused, it is best that you call the authorities who will take quick action against such an incident as there may be a chance that you may also get in harm’s way while trying to rescue the child. You can refer here to see how you can report cases of child sexual abuse.

Section 27 of The Protection of Children From Sexual Offences Act, 2012 along with section 164A of the Code of Criminal Procedure, 1973 lays out the guidelines for the medical examination of a child. A child has to be examined for legal purposes by a registered medical practitioner within twenty-four hours of receiving the information about the offence. The child can be examined even if an FIR has not been registered.

• The child should be okay with getting examined and she must be examined within 24 hours.
• The doctor who examines the child should make a report with complete details and conclusions, and also record the exact time at which the medical examination had started.
• A woman doctor has to examine a child, if it is a girl.
• The parent or any other person the child trusts must be around when the doctor is examining the child.
• If no one is available, then the hospital in-charge has to appoint someone who will be around during the examination.

No, the news channels, papers and other forms of media are not allowed to post any information which might reveal the name of the child or any such detail that might affect the child’s reputation.(( Section 23, The Protection of Children from Sexual Offences Act, 2012.))

In case a news channel publishes such information, the owner of the channel will be held responsible along with the employee who revealed the information. Both the owner and the employee can be punished with jail time between 6 to 12 months and/or fine.

However, if the Special Court is of the opinion that revealing such details might benefit the child or in some way, be in his interest, then it can allow the media to publish such details as it may record in writing.

If it is a child who has committed a crime under this law, he or she will be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”). Section 2(13) of the JJ Act defines “child in conflict with law” as a child below eighteen years of age who is accused of or who has committed an offence. The child should not have reached eighteen years of age on the date of commission of such offence.

If there is uncertainty whether a person is a child, section 94 of the JJ Act gives the Juvenile Justice Board the power to determine the person’s age. However, it is important to note that under section 82 of the Indian Penal Code, 1860 a child under the age of 7 years cannot be punished for crimes under this law or any other law.

Yes, a woman can be punished under this law for sexually harassing a child. The law is gender-neutral with respect to people committing the crimes as well as the victim.(( Chapter II, The Protection of Children from Sexual Offences Act, 2012.))

He can be punished for an act of rape under the Indian Penal Code, 1860 (“IPC”) or the Protection of Children Against Sexual Offences Act, 2012 (POCSO) law. While choosing which law to charge him under, the law with the higher degree of punishment for the offence of rape will be used. This is applicable to all cases where there is a punishment given not only in IPC, but in POCSO. So the offence with the higher punishment will be used and he will be punished under that.

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

The Special Court will decide the amount of compensation for the child while passing the final order based on the following(( Chapter VII, The Protection of Children from Sexual Offences Act, 2012.)):

• The type of abuse faced by the child.
• The severity of the mental and physical harm faced by the child.
• The costs incurred for medical treatment of the child.
• Loss of employment opportunity, educational opportunity and absence from school because of the mental trauma, investigation, injuries on the body and any other reason.
• Pregnancy of the child due to the incident or whether the child has contracted an STD (Sexually Transmitted disease) or HIV (Human Immunodeficiency Virus).
• Any kind of physical or mental disability resulting from the incident.

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

Yes, if you knew that a child was being sexually abused, then you have a duty to report it. You can be held liable for not reporting the abuse in the first place and you can be punished under this law for a jail time of six months or a fine. Sexual abuse can make a child feel humiliated. The child may not be able to complain about the abuse himself/herself. Therefore, the law has placed the burden on the adults surrounding the child to report any suspicion of abuse. Any person to whom the child has confided about the abuse especially should report the crime. You can report directly to the police/magistrate.

You can approach the police or your State Cyber cells for filing a complaint against cyber crime. You can also file an online complaint through the National Cyber Crime Reporting Portal.

Rape threats are a form of criminal intimidation punishable with jail time up to seven years and/or a fine.

Sometimes a woman may be duped into believing that a random man may be the husband due to darkness or the woman not being in a good state of mind. This is a form of cheating by men and punishable under the law.

No, it is not rape. If a man assaults a woman in order to remove her clothes or to force her to be naked, he can be punished for the crime of disrobing(( Section 354B, Indian Penal Code, 1860.)). The punishment for attempting to disrobe, or actually disrobing a woman, is imprisonment from three to seven years, along with a fine(( Section 354B, Indian Penal Code, 1860.)).

No you cannot publish the name of the survivor. The name and identity of the survivors are protected by the law and it is an offence to publish the name of the survivor.

No, only a man can be charged with rape.

Yes, it will be rape because she is below eighteen years old.

No, because she is above eighteen years old. However, you can be prosecuted for other charges such as harassment and domestic violence.

You can report to the Facebook authorities in the following manner:

• Click on the top right of the post.
• Click ‘Report post’ or ‘Report photo’.
• Select the option that best describes the issue and follow the on-screen instructions

You can also report fake profiles, posts, posts on your timeline, photos and videos, messages, pages, groups, events and ads. To know more, click here.

Yes, you can remove an offensive post and report it on all social media platforms including WhatsApp, Facebook, Twitter, Facebook Messenger, Instagram, and Reddit. Read more here.

If the government decides to monitor your internet usage, it is not an act of stalking, provided: –

• The monitoring was done to prevent or detect any crime and the official accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state or;
• The monitoring was pursued under any law like the Information Technology Act.

Please remember that the government can monitor your data under the Information Technology Law only if it:

• Is in the interest of the sovereignty or integrity of India.
• Is regarding the defence of India and the security of the state.
• Relates to friendly relations with foreign states.
• Is to maintain public order.
• Is to prevent incitement to the commission of any offence under the Information Technology Act.

The agency of the government authorizing the interception and monitoring of the information should state the reasons for monitoring in writing.

Gather as much information as you can. Taking screenshots of relevant messages, conversations, and comments can help your case. For online crimes, you can approach the cyber crime branch of the police. Unlike other crimes, cyber crimes are usually not limited by the jurisdiction within a state. You can report to the cyber cell of any city, even if the offence was committed when you were in a different city. A list of details of cyber crime cells can be accessed here. If you are unable to file a complaint in the cyber cell, you can file an FIR with the local police station. The Women and Child Development ministry has also set up a dedicated cyber cell to help women who have been abused online.

There is no minimum threshold for the amount of abuse or harassment you should have suffered before filing a complaint. In the first instance, it may be useful to report such instances to the platform on which the abuse is taking place.(( The Information Technology (Intermediaries guidelines) Rules, 2011.)) If that is ineffective, you can check whether the harassment is similar to any of the situations discussed above.

Indian laws have criminalized hate speech against religion under the Indian Penal Code of 1860. Under Section 153A of the Code, a police complaint can be filed against anyone who promotes enmity, disharmony or ill-will between different groups on grounds of religion by words either spoken, written or visuals, or deliberately tries to offend the feelings of any class of people by insulting their religion or religious beliefs. The person can be punished with imprisonment which may extend to three years or fine or with both.

In this situation, you can approach the police or cyber cells with a criminal complaint.

As per Section 66D of the Information Technology Act, anyone who cheats other people on Whatsapp by pretending to be someone else can be legally punished. The punishment is imprisonment for up to three years and a fine of up to Rupees one lakh.

Further, under Section 354A of the Indian Penal Code, any man who makes sexually coloured remarks is punishable for the offence of sexual harassment. The punishment for this is imprisonment for up to one year and/or a fine.

A criminal complaint can be filed by the victim of a crime, anyone who knows the victim, or someone who knows that a crime has taken place. To know more about how to file the complaint, read here.

If you rag someone and he/she then tries to commit suicide, you can be punished for both ragging and for abetment to suicide. While the punishment for ragging varies from administrative punishments (for example, suspension) to a criminal complaint, the punishment for abetment to suicide is jail time of up to 10 years and a fine(( Section 306, the Indian Penal Code, 1860.)).

If there is no Anti-Ragging Squad or other authorities, or if such authorities are not helping you, you can take the following actions to stop ragging:

National Anti-Ragging Helpline

The University Grants Commission has set up a helpline number and email address that you can reach out to, in case you are being ragged. The helpline number is 1800 – 180 – 5522, and the email address is helpline@antiragging.in.

Online Complaint

The University Grants Commission has set up a web portal where you can lodge an online complaint. To lodge a complaint, go here, where you will be asked to give certain details, like your name, the college, the details of the incident, etc. Try to give as much detail as you can. You can also track your complaint here by clicking on “Track Complaint”.

Police

In case of a serious case of ragging, you can complain to the police, and file an FIR against the student(s) responsible for ragging you. In such a case, the police will investigate the matter, and take required steps to punish the students responsible for ragging.

Yes, you can complain on your friend’s behalf if your friend is being ragged. Sometimes, the person who is being ragged cannot complain out of fear or other reasons, and in such a case, another person may complain on his/her behalf. The law allows anyone to file a ragging complaint on behalf of a student and the person doing so will not get in trouble for merely reporting an incident of ragging(( Section 6.2(g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Yes, ragging for any reason is a crime. In 2001, the Supreme Court of India in the case of Vishwa Jagriti Mission vs. The Central Govt held that ragging is a crime in India. The intent behind ragging does not matter; even if it is done for fun, or to derive pleasure, to show off authority or superiority – the very act of ragging is a crime under Indian law.

Yes, women can be punished for indulging in ragging. For example, if a female senior rags a junior, she can be punished for ragging. Any one who rags, regardless of gender, can be punished for ragging.

If you were sexually harassed while being ragged, you should complain to the college/University authorities, or the police. For example, if your senior not only rags you but sexually harasses you or touches you inappropriately, then you can file a complaint with the police. Read more to understand how the law protects you from sexual harassment.

Yes, helping someone rag, known as abetment to ragging(( Section 7, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)), will get you in trouble, and you might be punished. For example, if your friend Ram was ragging a junior Shyam, and you helped him by throwing away Shyam’s notebooks, it will be considered as abetment to ragging.

Yes, a fresher student can get in trouble for ragging. For example, if a fresher threatens to beat another student up unless the student sings a song in front of the class, it is ragging.

A fresher can be punished just as severely as senior students. The college may choose to punish you through administrative means, such as suspension or expulsion. However, if a case can be made out against you under the Indian Penal Code, 1860, a police complaint will be filed against you, and you will be punished more severely.

When any information about an incident of ragging is brought to the notice of the Head of a college/university, whether by the Anti-Ragging Squad or otherwise, he must take the following steps(( Section 7, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

• Immediately determine if a case can be made under the Indian Penal Code, 1860.
• If a case can be made, then he, or a member of the Anti-Ragging Committee authorized by him, must file an FIR within 24 hours of receiving such information.
• The Head must also communicate the incident to the District Level Anti-Ragging Committee and the Nodal Officer of the affiliating University, if any.

If your case is not resolved by the Head of the institution, you can appeal against any decision taken by him or any other college authority.

Yes, even if you rag someone without causing any physical injury, that is also considered ragging. Even actions which cause psychological harm would be considered to be ragging(( Section 2, the Curbing the menace of Ragging in Higher Educational Institutions (third amendment), Regulations, 2016.)). For example, if you harass a student by calling him names or making derogatory remarks, it is considered as ragging, even if no physical violence was involved.

Yes, the law protects all students, regardless of gender or sexuality, from ragging(( Section 2, the Curbing the menace of Ragging in Higher Educational Institutions (third amendment), Regulations, 2016.)). Thus, transgender students are also protected from ragging. If you are a transgender person and are facing ragging, or any form of violence, you should report it to the authorities.

If you are being blackmailed against filing a complaint for ragging, you can ask a friend or parent to file a complaint on your behalf. The law allows anyone to file a ragging complaint on behalf of a student and the person doing so will not get in trouble for merely reporting an incident of ragging(( Section 6.2(g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) Both ragging and blackmailing are crimes in India, and the person harassing you in this manner is liable for punishment for both ragging and blackmailing. For blackmailing, the punishment depends on the act, such as: – If someone intentionally makes you scared of getting hurt to get you to give any object of value, it is an offence(( Section 383, the Indian Penal Code, 1860.)) which is punishable with jail time up to 3 years and/or a fine(( Section 384, the Indian Penal Code, 1860.)).

If someone threatens to hurt you, your reputation or property, or that of any other person you are interested in (such as, a family member or friend), to get you to do something or make you feel alarmed, it is an offence(( Section 503, the Indian Penal Code, 1860.)) punishable with at least jail time of up to 2 years and/or a fine(( Section 506, the Indian Penal Code, 1860.)). The punishment may be more severe in other cases.

If a college does not prevent ragging, certain measures can be taken against it. This can be done either by the University with which the college is affiliated or the University Grants Commission (UGC).

Measures by the University

If a college which is affiliated with a University does not take measures to prevent ragging, the University can take the following actions(( Section 9.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

• Withdraw the affiliation or other privileges
• Prohibit the students of that college from being awarded a degree recognized by that University. However, the University Grants Commission will make arrangements to ensure that other students are able to pursue their studies.
• Withhold any grants allocated/given by the University to the college
• Any other appropriate penalty within the powers of the University

Measures by the University Grant Commission

The UGC (University Grant Commission) can take the following steps against any college/university which is not adopting measures to prevent ragging(( Section 9.4, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

• Withdraw the declaration of fitness required to receive grants
• Withdraw any allocated grants
• Declare the college/university ineligible for any general or special assistance programs
• Inform the general public (for example, through the newspaper) that the college/university does not possess minimum academic standards
• Take any other appropriate penalty within the powers of the University Grants Commission

Yes, a minor can also be punished for ragging. For example, if a 17 year old threatens to beat someone up unless he/she sings a song in front of the class, it is ragging.

If you rag anyone as a minor, you may be subjected to administrative punishment as mentioned here, such as expulsion from the college.

In case of a serious incident, you may be punished with a more severe penalty, under the Juvenile Justice (Care and Protection of Children) Act, 2015, which is the law(( The Juvenile Justice (Care and Protection of Children) Act, 2015.)) that regulates the punishment of minors in case of an offence. Generally, under this law, the Juvenile Justice Board determines how a minor found guilty of an offence will be punished and rehabilitated.

If you were ragged and reported the incident to a teacher, or any member of the staff, but the teacher did not take any further action, he or she can be(( Section 9.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) subjected to disciplinary action that is prescribed by your college. You must inform them about the ragging incident and the lack of action by the teacher to the Anti-Ragging Squad or the Head of the college, like the Director. If the Head of the college is the one who has not taken any action when an incident of bullying has been reported to them, they can also be subjected to disciplinary action, as well as punishment under the Indian Penal Code, 1860.

You may get fined for jumping the red light while riding the bicycle. This fine may or may not exist depending on the City Traffic Rules.

On the number plate only the registration number should be written, that too in a particular font and space. You are not allowed to write your post, party, national or party flag, government details or dealer name. This also applies to government vehicles.

Any person above the age of 16 years can drive a motorcycle or a bike with an engine capacity not exceeding 50cc with a valid driving license. After attaining the age of 18 years, you can drive a bike with a higher engine capacity.

No, your license is usually given for specific vehicle type. If you have a license for a car, you cannot drive a truck. For driving a truck you need a commercial driving license, which is given only to people above the age of 20.

You will have to go to the nearest traffic police station/traffic police chowky/ traffic circle to find out where the car has been towed away to. You will have to pay the fine to the traffic police to get your vehicle released. The traffic police may ask for your documents (original or electronic), so make sure that you always have them with you.

Under the law you have to carry the original copies of all the documents required for example, driving license, insurance certificate etc. Apart from physical copies of the documents, now the law also allows you to carry electronic copies on your electronic devices.

An e-Challan is an electronic document. If you are stopped by a traffic police and you are issued an e-challan, you can go to this website and pay your fine online. The e-Challan information is available online in both Hindi and English.

Yes, if you violate traffic rules, then you will be issued a challan. A challan is a ticket that is issued to you after you have violated a traffic rule. This challan will have the details of the violation and the amount of fine that you have to pay.

No, if you allow an underage person to drive your car, you will be punished under the provisions of the law on motor vehicles.

If any juvenile commits any offence under this law, the guardian of the juvenile or the owner of the motor vehicle will be punished, if he had knowledge that the offence was being committed(( Section 199A(1), The Motor Vehicles Act, 1988.)). He will be punishable with jail time of 3 years and a fine of Rs. 25,000, and the registration of the motor vehicle can be cancelled for 12 months(( Section 199A(2)(4), The Motor Vehicles Act, 1988.)). Furthermore, the juvenile will be punished under the provisions of the Juvenile Justice Act, 2000(( Section 199A(6), The Motor Vehicles Act, 1988.)).

No, you cannot drive alone even after obtaining a learners license. You will have to be accompanied by someone who has a driving license(( Section 3(b), Central Motor Vehicles Rules,1989.)).

No, you are not allowed to race on the roads at night. Regardless of whether it is day or night, you cannot race on the road with any vehicle or allow any racing to occur, without the written permission of the State Government of your state(( Section 189. Motor Vehicles Act, 1988.)).

Yes, you can be issued a challan for using a private car for commercial purposes as you need a separate license for using a commercial car.

Under law, for a commercial vehicle you have to always carry original copies of all the documents. For a non-transport vehicle, you should carry your original driving license and PUC Certificate, and originals or photocopies of your registration certificate and insurance certificate. Where the original certificate of registration or insurance certificate is not available with the driver, the owner or driver if required should produce the originals before a competent authority within 15 days(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf)).

Instead of a physical copy, you may carry an electronic copy of your required documents such as certificate of registration, certificate of insurance, driving license, certificate for pollution under check (PUC Certificate), and any other required permits such as a certificate of fitness if your vehicle is a commercial vehicle. These electronic records available on DigiLocker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000(( Section 4, Information Technology Act, 2000.)).

Yes, your traffic fine varies across cities. Each State can add different types of traffic violations and modify the traffic penalties applicable to the particular State.

Both the States and the Centre can revise and frame rules for motor vehicles(( Seventh Schedule of the Constitution, Concurrent List, Item 35.)). States can modify and specify enhanced penalties through an official notification(( Section 210A, The Motor Vehicles Act, 1988.)), which shall be put before the House(s) of the State Legislature. Depending on what the House(s) decide, the notification shall have effect with respect to that particular State(( Section 212(5), The Motor Vehicles Act, 1988.)).

If a traffic police officer asks for an amount and you are unsure whether it is the correct traffic fine, you can do the following:

• Ask the officer about the traffic rule that you have violated.
• Then, ask for a challan or e-challan from the officer. The challan or e-challan will state the correct traffic fine amount(( https://echallan.parivahan.gov.in/index/accused-challan)).

If you think you are being asked for a higher amount than what is due as the correct fine amount, insist on having a challan or e-challan issued to you. This way, you can ensure that you only pay the exact fine amount as given under the law.

Yes, the traffic police can stop your vehicle and check you for intoxication anytime by using breathalyzers(( Section 203, The Motor Vehicles Act, 1988.)). If you are found to be intoxicated, they can then fine you accordingly.

Yes, it is not necessary to apply for a learner’s license or driving license at your place of birth or hometown(( Section 9(1), The Motor Vehicles Act, 1988.)). You can apply for a license where:

• You are residing or;
• You have your place of business or;
• The driving school where you went for driving lessons is located.

The documents that the driver of a motor vehicle needs to carry are:

• The certificate of registration (RC)(( Section 103, The Motor Vehicles Act, 1988.))
• The certificate of insurance(( Section 146, The Motor Vehicles Act, 1988.))
• Driving license(( Section 3, The Motor Vehicles Act, 1988.))
• Certificate for pollution under check (PUC Certificate)(( Section 115(7), Central Motor Vehicles Rules,1989.))
• Any other required permits, if you are driving a commercial vehicle. For example, a certificate of fitness of the vehicle.

Indian law stipulates 3 types of license plates for different types of vehicles:

1. Registration for Central government for defence purposes(( Section 60(2), The Motor Vehicles Act, 1988;¹

1. Armed forces vehicles – The number plate will have an arrow pointing upward

1. State registered motor vehicles(( Section 63(1), The Motor Vehicles Act, 1988;¹
   1. Private vehicles – A white background with black lettering
   2. Commercial vehicles – A yellow background with black lettering
2. Vehicle registration for diplomats(( Section 42, The Motor Vehicles Act, 1988;²
   1. CD/CC – Vehicles which belong to a diplomatic mission in Delhi or to any consular post or to any of its diplomatic officers, followed by the number allotted to that mission
   2. CDP – Vehicle belonging to a non-diplomatic mission in Delhi, followed by the number assigned to that mission

UN Vehicles – The same rule of Consular Mission vehicles applies to UN Vehicles. However, instead of ‘CC’ or ‘CD’, the letters ‘UN’ are used.

1. Section 74, Central Motor Vehicles Rules,1989. [↩] [↩]
2. Section 76-A and 76-B, Central Motor Vehicles Rules,1989. [↩]

Repeating certain types of traffic offences more than once will result in a higher punishment. Depending on the offence, you could be taken to Court to determine a term of imprisonment/jail time and/or be fined with a higher amount.

For example, if you do unauthorized racing on the road, you will be punished with jail time of up to 3 months or with a fine of Rs. 5,000, or with both for the first offence. For every subsequent offence, you will be punished with jail time of up to 1 year, or a fine of Rs. 10,000 or both(( Section 189, The Motor Vehicles Act, 1988.)).

Yes, it is still possible to get a driving license. However, every application for obtaining a driving license needs to be accompanied by a medical certificate by a medical officer stating that you are fit to drive(( Section 5(1), Central Motor Vehicles Rules,1989.)). This certificate requires a declaration of physical fitness(( Section 5(2), Central Motor Vehicles Rules,1989.)) wherein the applicant is asked if he/she can distinguish the pigmentary colours, red and green. An applicant who answers in the negative has to supplement the answer with full details, and may be required to give further information regarding the same(( Form 1, Central Motor Vehicles Rules,1989.)).

If the medical certificate is granted taking into account all the particulars, the applicant may be able to obtain a driving license.

According to the government notification(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf,; Section 4, Information Technology Act, 2000.)), you may now carry an electronic copy of your driving license, and other required documents such as registration papers, insurance papers, etc. The electronic form of these documents are now legally acceptable. For this, you must have them either in the DigiLocker app or the mParivahan app.

The government has come up with a system of e-Challans that allow you to pay fines through an online portal. You can check the status of your e-Challan and pay the fine here.

However, if you cannot pay online and cannot pay the spot fine either, the police may keep your driving license to ensure your presence in Court. You will be issued an acknowledgement receipt with instructions on where to collect your license and pay your fine.

Yes, you will be issued a Challan every time you violate traffic rules. A challan is a ticket that is issued to you after you have violated a traffic rule, which has the details of the violation and the amount of fine that you have to pay.

No, you are not allowed under the law to race in any public space, including empty roads(( Section 189, The Motor Vehicles Act, 1988.)). It does not matter if the road you are racing on is crowded or empty; the very act of racing in public spaces is prohibited, and you can get punished for unauthorized racing on roads.

The licensing authority can revoke your license or disqualify you from holding a license in the following cases:

• If you have a disease or disability that renders you incapable of driving the motor vehicle for which you have a license(( Section 16, The Motor Vehicles Act, 1988.))
• If you are a habitual criminal or a habitual drunkard(( Section 19(1)(a), The Motor Vehicles Act, 1988.))
• If you are addicted to any drugs listed under the Narcotic Drugs and Psychotropic Substances Act, 1985(( Section 19(1)(b), The Motor Vehicles Act, 1988.))
• If you have used a motor vehicle to commit a crime which is cognizable in nature (police can arrest you without a warrant)(( Section 19(1)(c), The Motor Vehicles Act, 1988.))
• If you have a record of driving in a manner which is dangerous to the public or causes a nuisance to the public(( Section 19(1)(d,f), The Motor Vehicles Act, 1988.))
• If you have obtained your license by providing incorrect information or by fraud(( Section 19(1)(e), The Motor Vehicles Act, 1988.))
• If you have been ordered to give a fresh driving test, but you have failed that test(( Section 19(1)(g), The Motor Vehicles Act, 1988.))
• If you are under 18 years of age hold a learner’s/driving license under the case of an adult, and are no longer in their care.

For a private motor vehicle like your car, you should carry your original driving license and Pollution Under Check (PUC) Certificate, and originals or photocopies of your registration certificate and insurance certificate(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)). If you are not carrying originals of your certificate of registration or insurance certificate, you may be required to produce the originals before a competent authority within 15 days(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)).

Instead of a physical copy, you may carry an electronic copy of your required documents(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf; Section 4, Information Technology Act, 2000.)). These electronic records available on DigiLocker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000.

FIR can be filed with the police for cognizable offences. A private complaint can be made to the Magistrate for both cognizable and non-cognizable offences.

Yes, you can call 100 and register an FIR with them. Some states even allow registering an FIR online.

In most cases, delay in filing an FIR is not fatal to the case. If explained well, even long delays can be condoned. But it largely depends on the amount of time that has passed since the occurrence of the offence and various other factors. However, the delay in itself cannot be a reason for discarding the case.

No, it is mandatory for the police to register an FIR. If they do refuse, the information can be sent to the Superintendent of Police in writing. He may conduct the investigation himself or order his subordinate police officers to carry it out

Though not regarded as evidence per se, an FIR is the most valuable document in the entire criminal process. It is the basis on which the police investigate the particular offence and frame their charge sheet accordingly.

When a person applies for a bail, a person has to keep some money as security with the Court. This is to ensure that the person does not run away while the trial is in progress.

No, you can be asked to sign a bail bond even after you have been declared not-guilty by the trial court. The court will ask you to sign a bail bond just before the trial gets over. This is because the government can always appeal against the decision. This bond will have sureties and will need you to appear before a higher court if the appeal is filed. This has a 6-month time limit – so if no appeal is filed within that time, you are completely free.

You can approach a higher court – Sessions Court or the High Court. These courts have general powers to grant someone bail and to modify bail conditions. You can also try to wait and file another application before the same court. If you are filing another application before the same court, you have to show what change has happened from the time you were refused bail.

If you cannot afford to pay the bail amount, the Court has the power to reduce the amount set for your bail bond depending upon the circumstances of your case. However, this is a discretionary power of the Court and cannot be demanded.

If you have been jail for too long and not been released on bail, your options are:

• You have a right to be considered for release if your crime was tried by a Magistrate and the trial has not concluded 60 days after the investigation has begun.
• If you have spent the maximum jail time that could have been imposed on you as per the law for the crime you committed.
• If you have been in jail for one half of the maximum jail time that could have been imposed on you, the court can still send you back to jail or release you on a bond (with or without sureties).

However, neither of these rules apply if you are accused of a crime attracting the death punishment.

Yes, even if you have been released on bail for a crime, the Court can pass an order for your arrest if it thinks that your arrest is necessary

You can make this application whenever you have a reason to believe that you might be arrested. It is not necessary that an FIR has been filed against you. The court will first pass a temporary order if it decides that you can be granted such bail. It will then inform the police and the prosecutor. After hearing them, the court may convert your temporary protection into a final order granting anticipatory bail.

The main government body which is supposed to monitor the implementation of this law is the National Commission for Protection of Child Rights and the corresponding State Commissions. Write to this Commission to get help. You can also approach NGOs to help you out.

Children under 7 years are completely excluded from being prosecuted under criminal law, and children between ages 7 to 12 are excluded if the courts thought that they did not understand the consequence of their actions. The term used in such cases is ‘doli incapax’ which means a child is incapable of understanding the consequences of a crime.

You will be treated as a child who is ‘in conflict with the law’ and tried accordingly as you were under 18 when the crime happened.

While the inquiry is going on, minors can only be detained in Observation Homes or a Place of Safety. The Board has to tell them how long you will be detained in the order. To know which institution is denoted an ‘Observation Home’ or a ‘Place of Safety’, information can be obtained from the relevant State Government website.

The Board has the power to detain you, though in most cases you get bail. If the Board decides to allow for your release on bail, your parents or guardians are supposed to submit an undertaking in a certain form. If you are unable to satisfy the bail conditions for a week, then the Board is required to modify these to help you. The Board may decide to deny bail if this is against your interests. For instance, if this would bring you into contact with criminals or expose you to moral, physical or psychological danger.

The police have a duty to tell your parents or guardians why you have been arrested. They can ask the police for the charges under which you have been arrested.

If the police have registered an FIR (or first information report), they have a duty to give your parents or guardians a copy of this FIR. An FIR is the document prepared by the police when they get any information about a crime that has occurred.

A child can never be kept in a police lockup or regular jail. The police must bring you before the Board within 24 hours of apprehending/detaining you. If the police do not release you immediately on bail, you can only be kept in an Observation Home until you are taken to the Board (within 24 hours). The police are also supposed to inform a child welfare officer who is supposed to accompany you to the Board for the first hearing.

Yes, the police can arrest children if they believe they have committed a crime. Typically, police stations will have a child welfare protection officer and in each district and city, there will be at least one special juvenile police unit. When the police arrest a child on suspicion of committing a crime, this should normally be done by a Special Juvenile Police Unit. If a regular police officer arrests the child, then the child should immediately be placed under the care of the Juvenile Police Unit, or a designated Child Welfare Police Officer.

The police can also arrest children who have run away from an institution where they were placed under the Juvenile Justice Act, such as an Observation Home, Special Home or Place of Safety.

In certain circumstances (for example, with respect to habitual thieves), the Magistrate can order that adults be detained in prison if they do not execute a bond for good behaviour or peace. Even though arrests of children are allowed, the Magistrate cannot order a similar detention with respect to children.

India’s legal framework gives special treatment and protection to children below the age of 18 who are in conflict with the law or who commit crimes. Every district has one special juvenile police unit (SJPU) and regular police stations have a Child Welfare Protection Officer (CWPO). Usually, the SJPU has the power of arresting juveniles. In case, A normal police officer arrests the child, the child shall be immediately placed under the protection of the SJPU or the CWPO.(( The Juvenile Justice (Care And Protection Of Children) Act, 2015 NO. 2 OF 2016.)) The child shall continue to remain under the protection of CWPO, who shall be responsible for the child just as a parent/guardian, before the child is brought to the Juvenile Justice Board (JJB) within 24 hours of his/her arrest. In case, the child cannot be produced before the Board due to the child being arrested during odd hours or distance, the child shall be kept by the CWPO in the Observation Home or in a fit facility.

After the arrest is made, the following guidelines are to be followed by the officers to ensure the welfare of Juveniles.

1. No FIR shall be registered except in cases of heinous offences or where a crime is alleged to have been committed jointly with adults. In all other cases, the alleged offence shall be recorded in the officer’s daily diary.
2. The arresting officer shall be in plain clothes and not in uniform while arresting the child.
3. The officer arresting the child shall not place him or her in handcuffs, chain or use force on the child.
4. The child shall be informed about the reason for the child’s arrest.
5. The child shall not be placed in a police lock-up or lodged in the jail.
6. The child shall not be asked to sign any statement.
7. The CWPO or the SPJU shall inform the parent or guardian of such a child about the child’s arrest and provide them with the address of the JJB before which the child is to be produced and direct them to be present before the JJB.
8. A child shall not be forced to confess and shall be interviewed only at the SJPU or at a child friendly premises or a child friendly corner in the police station which does not give the feel of a police station.

The child should be provided with proper medical assistance, assistance of an interpreter or a special educator or any other assistance that the child may require.(( Ministry Of Women And Child Development Notification, Ministry of Women and Child Development, (2016) available at http://cara.nic.in/PDF/english%20model%20rule.pdf.))

Yes, a foreigner can file a case (Habeas Corpus petition) if they are unlawfully detained.

The Court declares an accused as a proclaimed offender when it believes that the accused against whom a warrant has been issued, has absconded or concealed himself to evade the warrant.

The police need to present you before the Magistrate as soon as possible after you have been arrested. They cannot keep you under arrest for more than 24 hours – this excludes travel time to the court. The police officer will also need to provide a copy of the entries in the case diary to the Magistrate. The case diary is a daily diary kept by an officer detailing all that happens in an investigation. The Supreme Court has directed the police officers to provide the Magistrate with a checklist of the reasons for your arrest along with all documents related to your arrest including the arrest memo.

After you’ve been presented before the Magistrate, the Magistrate can discharge you or grant you bail. Your lawyer should ask for your release if the police only needed to issue a ‘notice of appearance’ and not actually arrest you. The police can detain you beyond 24 hours only with permission of the Magistrate. They may seek ‘police custody’ or ‘judicial custody’. Police custody can only last 15 days from the date of arrest. This means you will be kept inside the lock-up at the police station for a maximum of fourteen more days.

If the police have not been able to file the charge-sheet and depending on the crime you have been suspected of, you can be in judicial custody for up to 90 days for crimes that you could possibly go to prison for more than 10 years, and up to 60 days for all other kinds of offences.

You cannot be sent to jail for more than fourteen days at a time even in judicial custody. You will be brought before the Magistrate after each fourteen day period. After the 60 or 90 day period, you have a right to be released on bail.

Yes, there are two purposes for which you can be examined.

• The first is to determine if you as the accused have been hurt or subject to violence by the police. You can ask for a copy of the report prepared by the doctor. If you are a woman, then a female doctor has to conduct the investigation.
• If the police think that a medical examination can prove that you committed a crime, they can ask a doctor to conduct an examination on you. If you do not cooperate with the doctor, they can use reasonable force on you.

Here are some examples of situations in which a person can file a Habeas Corpus petition:

• When a person is arrested, arrest law states that a person should be produced before the Magistrate within 24 hours. The police are required to produce every arrested person before the Magistrate to ensure that there have been legal grounds for the arrest of the person. However, if the police fail to bring that person to the Magistrate then it could amount to illegal detention. In this case, the person arrested or family/friends of the arrested person can file a Habeas Corpus petition in the High Court or the Supreme Court.
• Under certain special detention laws such as the Armed Forces (Special Powers) Act, 1958 a person can be detained up to 3 months without being produced before the Magistrate. The detention laws have longer periods of detention as they relate to crimes in sensitive areas. These detention laws have broad criminal provisions and thus, the possibility of abuse in these cases is higher. The Habeas Corpus writ is a recourse for people illegally detained under this law.

Yes, the police can search you when they are arresting you. They will keep the things confiscated from you in safe custody. If you are a woman, you can be searched only by another woman police officer/constable. The police have to give you a personal search memo which is a list of all the things that they have taken-this search memo is sometimes known as jamatalashi. They can also take your fingerprints with the permission of the Magistrate.

Resisting an arrest does not help. It only allows the police to use force to arrest you. If you do not submit to being arrested, the police can use all means necessary to arrest you. Though they have a duty not to cause your death, they can use deadly force if you are being accused of a crime which is punishable with death or life imprisonment. In case the proper arrest procedure is not followed please contact your lawyer at the earliest and let your lawyer know of the violations so that he/she can take adequate measures to help you out.

The police can arrest you without a warrant in two broad cases:

1. You are suspected of having committed a cognizable crime
2. The police suspect you are planning to commit a cognizable crime

In the first category, the law lays down the specific situations in which the police can arrest you without an arrest warrant:

• when you commit a crime in front of a police officer (for example at a public event or in a police station);
• when the police have received reliable information or a complaint that you have committed a cognizable crime;
• if the court has declared you as a proclaimed offender;
• if the police found you with stolen property and they suspect you;
• if you cause trouble to a police officer who is performing her duty;
• if you escape from custody;
• if you are suspected of deserting the army;
• if you are a suspect in a crime outside India and you are liable to be brought back to India; or
• if you were convicted of a crime in the past and have violated rules relating to released convicts.

No, they do not need a warrant if they suspect that you committed a serious crime (cognizable offence). Examples include murder, sexual offences, acid attack, rioting, starting a fire etc. Normally, it is the Magistrate who will issue a warrant to arrest you. Since these types of crimes need urgent action from the police, the police can take charge even without permission from the Magistrate.

India’s legal framework gives special treatment and protection to children below the age of 18 who are in conflict with the law or who commit crimes. Every district has one special juvenile police unit (SJPU) and regular police stations have a Child Welfare Protection Officer (CWPO). Usually, the SJPU has the power of arresting juveniles. In case, A normal police officer arrests the child, the child shall be immediately placed under the protection of the SJPU or the CWPO.(( The Juvenile Justice (Care And Protection Of Children) Act, 2015 NO. 2 OF 2016.)) The child shall continue to remain under the protection of CWPO, who shall be responsible for the child just as a parent/guardian, before the child is brought to the Juvenile Justice Board (JJB) within 24 hours of his/her arrest. In case, the child cannot be produced before the Board due to the child being arrested during odd hours or distance, the child shall be kept by the CWPO in the Observation Home or in a fit facility.

After the arrest is made, the following guidelines are to be followed by the officers to ensure the welfare of Juveniles.

1. No FIR shall be registered except in cases of heinous offences or where a crime is alleged to have been committed jointly with adults. In all other cases, the alleged offence shall be recorded in the officer’s daily diary.
2. The arresting officer shall be in plain clothes and not in uniform while arresting the child.
3. The officer arresting the child shall not place him or her in handcuffs, chain or use force on the child.
4. The child shall be informed about the reason for the child’s arrest.
5. The child shall not be placed in a police lock-up or lodged in the jail.
6. The child shall not be asked to sign any statement.
7. The CWPO or the SPJU shall inform the parent or guardian of such a child about the child’s arrest and provide them with the address of the JJB before which the child is to be produced and direct them to be present before the JJB.
8. A child shall not be forced to confess and shall be interviewed only at the SJPU or at a child friendly premises or a child friendly corner in the police station which does not give the feel of a police station.

The child should be provided with proper medical assistance, assistance of an interpreter or a special educator or any other assistance that the child may require.(( Ministry Of Women And Child Development Notification, Ministry of Women and Child Development, (2016) available at http://cara.nic.in/PDF/english%20model%20rule.pdf.))

Form 16/16A for TDS Certificate is the certificate of deduction of tax at source.(( Section 203, Income Tax Act, 1961.)) This means that tax is collected from the very source of income of the person receiving it. It is issued by the employer on behalf of the employee to state that tax has been deducted. These certificates provide details of TDS/TCS for various transactions between deductor and deductee. These details include the particulars of income paid to the employee and the tax deducted from it. It will also mention whether the same has been paid to the government.

Form 26AS(( Rule 31 AB, Income Tax Rules, 1962.)) is a consolidated tax deduction statement, which keeps an annual record of any tax paid by you or on your behalf by a deductor, like a bank or an employer. It also details the following information about your tax profile:

• Names of your tax deductors and the Tax Deduction Account Number (TAN) associated with them
• Tax refunds, if any, received in the particular financial year
• If you have sold immovable property in the financial year, details of the TDS deducted by the purchaser
• TDS deducted by the tenant on the payment of rent exceeding INR 50,000 (if applicable)
• Details of all high-value transactions (reported by the banking and financial institutions that they are conducted through)

Direct Tax

Direct tax is a tax you pay on your income directly to the government. Direct Taxes are broadly classified as:

Income Tax: Income tax is a tax levied by the Government of India on the income of every person.

Corporate Tax: Tax paid by companies on the profits made from the business is known as corporate tax.

Indirect Taxes (Goods and Services Tax)

Indirect tax is a tax levied on goods and services that is paid to the government. For instance, restaurants recover taxes from you on the food you purchase or a service you avail and pay this to the government. Most indirect taxes have been replaced in India by the Goods and services tax (GST), which has recently been introduced as a unified tax that has replaced all the indirect taxes that business owners have to deal with.

Some indirect taxes apart from GST which are still collected include taxes on petroleum products, alcoholic drinks and electricity are separately collected by each state government.

You are considered to be a resident in India, under the law in the following conditions:

• Residence in India for a period amounting to 182 days or more in total.
• You have been in India for 365 days or more in any of the four years preceding the year of assessment, plus is living in India for 60 or more days in the current financial year.
• Similarly, every person is a resident of India with regard to the previous year, unless the management of his affairs is situated completely out of India.
• A person will be deemed ‘not ordinarily resident’ in India if he has not been residing in India for 9 out of 10 years preceding the year of assessment.

A HUF (Hindu Undivided Family), firm or association is said to be resident in India, unless its management is situated completely out of India for the year of assessment. In case of a Hindu Undivided Family, you are a resident if:

• the manager of the HUF has not been residing in India for 9 out of 10 years before the year of assessment, or
• In the preceding 7 years, the manager has been living in India for 729 days or less.

The Permanent Account Number or PAN Card is issued by the Income Tax Department, to all those who are eligible to pay taxes in India. It is used by the department to keep a tab on the financial transactions conducted by taxpayers in order to verify information regarding your tax profile.

If you have to file taxes in India, having a PAN Card is mandatory. A PAN card may also necessary for entering into certain specific financial transactions. These include:

• Payment in cash to a hotel or restaurant against a bill/bills at any one time exceeding fifty thousand rupees.
• Payment in cash in connection with travel to any foreign country or payment for the purchase of any foreign currency at any one time exceeding fifty thousand rupees.
• Sale or purchase of any immovable property exceeding ten lakh rupees.
• Sale or purchase of goods or services of any nature exceeding two lakh rupees per transaction.

Read here for more information on PAN Card while filing taxes.

You have a duty to pay tax under the Constitution in India.(( Article 265, Constitution of India, 1950.)) Payment of tax is compulsory and penalty will be levied on any taxpayer who deliberately violates the provisions of a tax law.(( Central Excise, Puducherry v. M/s Pondicherry Paper Limited (1984) ))

The Constitution declares that ‘ no tax shall be levied or collected except by authority of law’. Taxes that are legally imposed by the Central and State Governments in India have been enumerated in Schedule VII of the Constitution. The Parliament of India has also been empowered(( Article 248(2), Constitution of India, 1950.)) to enact laws imposing taxes which have not been listed. For instance, taxes which may be required in the future.

There are two types of taxes collected in India:

• Direct taxes: tax on income, wealth, corporates, capital gains.
• Indirect taxes: taxes that are levied on goods and services

Out of these, State Governments are empowered to collect some of the indirect taxes. They include:

• Tax on agricultural income(( Schedule VII, entry 46 under State List, Constitution))
• Tax on lands and buildings(( Schedule VII, entry 47 under State List, Constitution))
• Professional tax(( Schedule VII, entry 60 under State List, Constitution))
• State excise duty
• Tax on electricity(( Schedule VII, entry 53 under State List, Constitution))
• Excise duty on alcohol(( Schedule VII, entry 51 under State List, Constitution))
• Toll tax(( Schedule VII, entry 69 under State List, Constitution))

In 2017, the Goods and Services Tax (GST) was introduced which subsumed several indirect taxes under it, including:

• VAT or value added tax
• Sales Tax
• Entertainment Tax
• Octroi
• Purchase Tax
• Service Tax

Since these taxes accrued to the State Government, the new structure introduced the SGST (State GST) category to compensate for their share. The SGST is levied by the State Government on intrastate supply of goods and services.

A firm(( Section 2(23)(i), Income Tax Act, 1961.)) refers to persons who have entered into partnership with one another. The persons are called individually “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm name”.

Keyman Insurance Policy(( http://www.licindiaagent.com/keyman-insurance-from-lic.php)) is a type of life insurance policy for a ‘keyman’ or a valuable employee. The objective of this policy is to safeguard the company in case of untimely death of an important employee. Since employees are assets for a company, Keyman Insurance Policy helps the business recover after the loss of a valued asset. Its salient features are:

• During the lifetime of such an employee, the premium on a Keyman Insurance Policy is paid by the employer.
• In case the employee dies untimely, the employer becomes the claimant of the insurance benefits.
• To qualify as a ‘keyman’, the employee should hold less than 51% shares in the company

The premium that the employer pays in this life insurance is treated as ‘business expenditure’ for taxation purposes; the proceeds of the policy are therefore taxable as business income.

No Indian law gives a concrete definition of the term ‘Hindu Undivided Family’. For the purpose of Hindu Law, HUF is an entity identified by the following features:

• Members of the HUF must be ‘Hindu’ as defined under Hindu Law, which includes Sikhs, Jains, and Buddhists along with Hindus.
• Members should form a family, i.e. they should be related to each other through blood or marriage. Therefore, an HUF cannot be contractually created.
• The family should be ‘undivided’, i.e. it should be a joint Hindu family where partition has not been affected.

For the purpose of taxation, a HUF is considered a ‘person’ under the Income Tax Act.(( Section 2(31), Income Tax Act, 1961.)) This means that an HUF’s tax liabilities are computed separately from those of its individual members. An HUF’s taxable property consists of:

• Ancestral property
• Property acquired with the aid of ancestral property
• Property transferred by members of HUF

Limited liability partnership (LLP) is a partnership formed and registered under the Limited Liability Partnership Act, 2008.​ An LLP is a legally separated entity from that of its individual partners. As a corporate body, an LLP is legally liable to the full extent of its assets, but the liability of its partners is limited to their contribution in the LLP. There is no personal liability of a partner except in the case of a fraud. Moreover, a partner is not responsible or liable for another partner’s misconduct or negligence as there is no joint liability in the case of LLP.

An association of persons (AOP) or a body of individuals (BOI), whether incorporated or not, is treated as a ‘person’ under the Income Tax Act.(( Section 2(31)(v), Income Tax Act, 1961.)) Hence, AOP or BOI is treated as a separate entity for the purpose of assessment under the Act. An AOP or BOI shall be deemed to be a person whether or not they were incorporated with the object of deriving income, profits or gains.

Advance tax(( Section 207, Income Tax Act, 1961.)) refers to income tax that should be paid in advance during the financial year, instead of as a lump sum payment at the end of the year. It is also known as pay-as-you-earn tax. Advance tax shall be payable when your tax liability is Rs 10,000 or more. Advance tax does not apply when you don’t have an income source from business/profession, or if you are a senior citizen in India (60 years and above).(( Section 207, Income Tax Act, 1961.))

Calculating Advance Tax

You can calculate your advance tax on the income tax website.

Payment of Advance Tax

Advance tax payments have to be made in installments throughout the financial year, as per due dates provided by the Income Tax Department. It is usually paid in four installments(( Section 211, Income Tax Act, 1961.)) during each financial year, and the due date of each installment and the amount of such installment is specified below:

When any tax is payable on any income tax return, before submitting the return, you as the assessee have to pay such tax, along with interest and fee for delay in submitting the return or default in payment of advance tax. The income tax return will be accompanied by proof of payment of such tax , interest and fee.(( Section 140A, Income Tax Act, 1961.)) Self-assessment tax refers to any balance tax that you have to pay on your income after the TDS and advance tax have been taken into account, before filing the return of income. The ITR cannot be submitted till all taxes have been paid.

A taxpayer engaged in business or profession is required to maintain regular books of account under certain circumstances.(( Section 44AA, Income Tax Act, 1961.)) To give relief to small taxpayers from this tedious work, the Income Tax Act has provided for a presumptive taxation scheme.​ A person adopting the presumptive taxation scheme can declare income at a prescribed rate and, in turn, is relieved from the tedious job of maintaining account books.

The presumptive taxation scheme can be adopted by following persons :

• Resident Individual
• Resident Hindu Undivided Family
• Resident Partnership Firm (except a Limited Liability Partnership Firm).

This Scheme cannot be adopted by a person who has made any claim towards deductions under certain sections(( Sections 10A, 10AA, 10B, 10BA, 80HH to 80RRB, Income Tax Act, 1961)) of the Act in the relevant year.

Any business which has a total turnover of less than Rs 2 crore can opt for presumptive taxation. Income will be computed on a presumptive basis and the business must declare profits of 8% for non-digital transactions or 6% for digital transactions for the relevant year. In other words, income will not be computed in the normal manner (Turnover minus Expense) but will be computed at 8% or 6% of the turnover. A professional having a gross revenue upto 50 lakhs can opt to be taxed presumptively, and must declare 50% of gross receipts of profession as his presumptive income.

If you file an incomplete income tax return without giving all the necessary information, your return will be considered as defective and will not be accepted. You will have to file your income tax returns once again providing complete details.

Yes, the income of a minor (child below 18 years of age) can be taxed in India. The income of a minor (except a child suffering from a disability)(( Section 80U, Income Tax Act, 1961.)) is included as part of the total income of the child’s parent.(( Section 64, Income Tax Act, 1961.)) The term ‘parent’ here refers to the parent who has the greater income, and the child’s income will not be included in the other parent’s total income. For example if the father earns more income than the mother, then the child’s income will be clubbed with the fathers income. If the parents are not married, then the child’s income will be included in the income of the parent who maintains the child.

A child’s income will not be clubbed with the parent when:

• the child gets income from manual work or
• income from an activity involving application of the child’s skill, talent or specialised knowledge and experience.

All gifts received, whether in cash or kind, are taxable under the Indian law. For example, if a grandmother gifts property to the granddaughter. Tax on gifts is to be paid by the person receiving it, in the year in which it is received. It is taxed under the head ‘income from other sources’.(( Section 56, Income Tax Act, 1961.)) To be considered a taxable gift, the item exchanged should be(( Section 56(2)(vi) (vii), Income Tax Act, 1961.)):

• Without any consideration
• Of value more than INR 50, 000

However, some gifts are tax-exempt, if they qualify the following grounds:

• They have been received from specific relatives, i.e. parents, siblings, spouse
• Gift received in marriage, from relatives or in a will, regardless of value
• Gift received in contemplation of death of the payer
• Received from a local authority, fund, university, or medical institution

Capital assets(( Section 2(14), Income Tax Act, 1961.)) are property of any kind that a taxpayer holds, regardless of whether or not it is related to the business or profession that he practices. The following are not included under capital assets:

• Consumables or raw materials, possessed by a taxpayer for the purpose of his business or profession.
• Movable property like clothes and furniture that count as personal effects of the taxpayer or his family, valuables like jewellery, archaeological collections and artworks are considered as capital assets.
• Agricultural land
• Gold bonds
• Special bearer bonds
• Gold deposit bond

Depending on how long they are held by the taxpayer, capital assets may be classified as –

• Short-term capital asset: An asset held for 36 months or less, right before it is transferred. For immovable property, this time limit is 24 months.(( Section 2(42A), Income Tax Act, 1961.))

Long-term capital asset: An asset held for any time longer than 36 months is considered so.(( Section 2(29A), Income Tax Act, 1961.))

According to the Income Tax Act(( Section 15, Income Tax Act, 1961.)), the following types of income will be considered salary:

• Any salary due from an employer (or former employer,) whether paid or not.
• Any salary paid or allowance made by the employer (or former employer or somebody on their behalf) though not due or before it was due to the taxpayer. For example, a salary paid in advance for a project.
• Arrears on salary

Further, the income tax law(( Section 17, Income Tax Act, 1961.)) clarifies that the term ‘salary’ includes:

• Wages
• Any annuity or pension
• Gratuity
• Fees, commissions, profits
• Any advance of salary
• Provident Fund amount (on yearly basis)

Following are the basic components of an employee’s salary:

• Basic income: It is the base remuneration which exists before any deduction or increment is made and is a fixed amount.
• Allowances: Above the basic income, an employee may be given monetary benefit to meet expenses in the form of allowances. These may be:
  • Housing rent allowance
  • Dearness allowance
  • Medical or conveyance allowance.
• Provident Fund (PF): This is in the form of pension, where equal contributions from the employer and employee are collected in a PF fund throughout the latter’s service tenure. Currently, the Government of India makes the contribution on behalf of the employer for the first 3 years of service of a new employee, to boost employment in India.
• Gratuity: This is also a retirement benefit payable to those who have been employed by a company for at least 5 years. This is also deducted from the employee’s salary throughout their service tenure.
• Professional Tax: This tax is payable to the State Government for practising a certain profession. It is levied on the monthly salary.

The gross salary of an employee is the total of their basic salary and allowances, before any deductions are made. The Cost to Company (CTC) or ‘package’ offered to an employee includes this gross salary and the PF and gratuity. The in-hand income or salary is therefore always lesser than CTC.

For filing returns manually, you need to go to the Income Tax Department’s office to physically file returns. You can locate your nearest tax office here.

The government has set up Aaykar Sampark Kendras in some income tax offices. These are centers where taxpayers can file income tax returns and address tax related grievances. You can locate your nearest ASK center here.

Tax refers to any amount charged by the government on income, any activity, or any goods or services. Taxes in India are levied or charged by the Central Government as well as the State Governments. Some minor taxes are also levied by the authorities such as the Municipality and the Local Governments.

Major Central Taxes

• Income Tax: Income tax is levied by the Government of India on the income of every person.(( The Income Tax Act, 1961.))
• Central Goods & Services Tax (CGST): CGST or Central Goods and Service Tax(( The Central Goods and Services Tax Act, 2017.)) is levied and collected by the central government on every supply of goods and services within the state.
• Customs Duty: Customs duty(( Ice Gate, e-commerce portal, Customs National Trade Portal, available at https://www.icegate.gov.in/; The Customs Tariff Act, 1975)) is applicable on all goods imported and a few goods exported out of the country. Duties levied on import of goods are termed as import duty while duties levied on exported goods are termed as export duty.
• Integrated Goods & Services Tax (IGST): IGST(( The Integrated Goods and Services Tax Act, 2017)) is tax levied on inter-state supply of goods. IGST will be applicable on any supply of goods and services in both cases of import into India and export from India.

Major State Taxes

State Goods & Services Tax (SGST): SGST(( State Goods and Services Tax Act, GST Council, available at http://www.gstcouncil.gov.in/sgst-actGST)) is a tax levied on intra-state (within a state) supplies of both goods and services by the State Government. You can find more details on the tax levied by each state here. States also levy other taxes such as taxes on petroleum and alcohol. Some other examples of state taxes are entertainment tax, excise duty, etc.

Direct and Indirect Tax

Taxes are classified on the basis of who has to pay – direct or indirect tax. If tax is levied directly on personal or corporate income, then it is known as direct tax. Some examples are personal income tax, corporate tax, etc. If tax is levied on the good or service, then it is called an indirect tax. Some examples are goods and services tax(GST), excise duty, etc.

The Finance Act is enacted to give effect to the financial proposals of the Central Government for a given financial year.(( Rule 219, Rules of Procedure of the Lok Sabha, 2014.)) During the Budget presentation each year, the Government puts before the Parliament its proposed plans for the country and the expenditure to be accrued for achieving them. After they are debated and passed by the Parliament, the Finance Act is enacted by assent of the President. It gives legal sanction to the expenditure that the government may make. This process begins in February, during the Budget Session of the Parliament.

The First Schedule of a Finance Act has four parts and contains the following information for that financial year:

• Part I: Income tax rates and surcharges on income tax
• Part II: Rates of TDS
• Part III: TDS on income from ‘salaries’
• Part IV: rules for calculating net agricultural income

Trusts formed for charitable or religious purposes which are intended to provide relief to the poor, education, yoga or for advancement of any object of general public utility are allowed various benefits under the Income Tax Act, like tax exemption under section 11.

The term religious purpose is not defined under the Act. However, “charitable purpose”(( Section 2(15), Income Tax Act, 1961.)) includes relief of the poor, education, medical relief, preservation of the environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and supporting any other object of general public utility.

If someone is threatening to kill you in exchange for money, this is an act of extortion(( Section 383, Indian Penal Code, 1860.)) under the law. Extortion is when someone intentionally threatens you with any injury or makes you fear them to get any:

• Valuable security, like money, jewellery etc.
• Anything that can be converted into a valuable security by signing or sealing it, like a promissory note or a bond.

A person committing the crime of extortion may be punished(( Section 384, Indian Penal Code, 1860.)) with jail time up to 3 years or a fine or both. You should file a complaint immediately to stop this person from extorting any money from you.

Theft by a servant is treated more seriously than general theft(( Section 381, Indian Penal Code, 1860.)), and the punishment for the servant/help is jail time of up to 7 years and a fine. However, there have been multiple instances of the Court lightening the sentence– this depends on the facts of the case.

You have a right to defend yourself(( Section 96, Indian Penal Code, 1860.)) , any other person(( Section 97, Indian Penal Code, 1860.)), and your property, or that of any other person(( Section 97, Indian Penal Code, 1860.)). if you face violence. However, the following conditions need to be satisfied, or you may be punished:

• There is a reasonable belief that you will be injured(( Arjun v. State of Maharashtra))
• The defence you use should be in ratio with the injury being inflicted on you(( Section 99, Indian Penal Code, 1860.)). For example, if someone is going to punch you, you cannot shoot him.

Your right to defence of body can include causing death in the following cases(( Section 100, Indian Penal Code, 1860.)):

• You reasonably believe that death may occur
• You reasonably believe that grievous hurt may occur
• The assault is occuring with an intention to rape or satisfy unnatural lust
• The assault is occurring with an intention of kidnapping
• The assault is occurring with an intention confine a person in a way that he will not be able to reach out to public authorities
• The assault is occurring with an intention throw acid which may cause grievous hurt

Your right to defence of property includes causing death in the following cases(( Section 103, Indian Penal Code, 1860.)):

• Robbery
• House-breaking during night
• Mischief in relation to burning a building, tent, etc. which is used for the purposes of living by humans or used to store property in
• Theft, mischief or trespass which may make you believe that death/grievous hurt may result

Theft, robbery and dacoity are three types of crimes under the law on crimes known as the Indian Penal Code, 1860(( Sections 378, 390 and 391, Indian Penal Code, 1860.)).

Theft is when someone steals a movable property out of your possession with the intention of stealing it from you. For example, if Shikar steals five hundred rupees from your wallet when you were not in the room, then it is an act of theft.

Robbery is an aggravated form of theft, so if someone attempts or causes any hurt, wrongful restraint or death in order to commit an act of theft, it is known as robbery. For example, if Shikar comes to your house, beats you up and then steals five hundred rupees from your wallet, it is an act of robbery.

Dacoity is a crime when 5 or more people commit or attempt to or aid someone to commit an act of robbery together. For example, if Shikhar and his 4 friends come to your house and beat you up to steal your money and jewellery, then it is an act of dacoity.

The punishment for these crimes are also different. If you commit theft(( Section 379, Indian Penal Code, 1860.)) you may be punished with jail time up to 3 years or a fine or both. If you commit robbery(( Section 392, Indian Penal Code, 1860.)) you may be punished with jail time up to 10 years or a fine or both. If the robbery(( Section 392, Indian Penal Code, 1860.)) is committed on the highway between sunrise and sunset then the jail time may be up to 14 years. If you commit dacoity(( Section 395, Indian Penal Code, 1860.)) then you may be punished with jail time which may be for life and a fine.

You should immediately complain to the police as this is a crime of dacoity(( Section 391, Indian Penal Code, 1860.)). Dacoity is a crime when 5 or more people commit or attempt to or aid someone to commit an act of robbery together. Stopping your car on the road and stealing your personal items like jewellery, money etc. is a crime of dacoity(( Section 395, Indian Penal Code, 1860.)). The persons committing this crime of dacoity may be punished with jail time which may be for life and a fine.

You should immediately complain to the police as this is a crime known as ‘criminal breach of trust’. If someone that you trust with your property, which may include your money, bank accounts etc. dishonestly(( Section 405, Indian Penal Code, 1860.)):

• Misappropriates it or uses it as his own property, like your chartered accountant accessing money through your account without letting you know.
• Disposes or uses that property knowing that he or she is breaking the law or a contract, like your chartered accountant transferring money away from your account and forging your account books to make it seem like it was your expenditure.

Makes any other person use or dispose of this property knowing that is it illegal, like your chartered accountant asking his employees to steal money from their clients etc. is committing an illegal act. A person committing this crime may be punished with jail time up to 3 years or a fine or both.(( Section 405, Indian Penal Code, 1860.))

Depending on your religion, there are different rules with respect to how your assets and property will be distributed after your death. However, if you make a will, your assets and property will be distributed among the people of your choosing and the specific religious rules do not generally apply.

As a Hindu person, the rules of inheritance under a law known as the Hindu Succession Act, 1956, are applicable.

Similarly as a Muslim, the rules applicable to inheritance will be according to Muslim personal law (unless you are married under the law on civil marriages). If Muslim personal law becomes applicable, you cannot distribute your entire property to people who are not your legal heirs. You can only will away one-third of your property to someone else and the remaining two-third has to be distributed among your legal heirs.

No, a nominee is not necessarily the beneficiary of a deceased/dead person’s accounts. The nominee is the person who has the right to operate the account after the person’s death. The nominee is like a trustee who will look after a person’s financial accounts after the person’s death. The nominee may not be the heir of the assets, but has the responsibility to hold the assets and transfer them to the deceased person’s legal heirs. In case the deceased person has not made a will, the legal beneficiaries will be decided as per succession laws.(( Saving instruments: Nominees v. Beneficiaries, Bank Bazaar, accessed at https://blog.bankbazaar.com/saving-instruments-nominees-vs-beneficiaries/))

Each bank will have their own policy on cheque collection. You can ask your bank or check their website for their policy.

Yes, this is cheque bouncing. If the account of the person who issued you the cheque is closed, then it is an act of cheque bouncing.

If “Account Payee” is written between the crossed lines on the corner of the cheque, it means that when the cheque is presented to the bank by you, the cheque amount will be transferred to your bank account only. You cannot get the cheque amount in cash over the counter.

When a cheque has no name written in the payee section and the “or bearer” has not been crossed out, it is called a bearer cheque. To know more about bearer cheques, please refer to this.

The RBI (Reserve Bank of India) allows each bank to decide the consequences of repeated cheque bounces. So please check with your bank with regards to specific consequences for repeated cheque bounces.

It is possible for the bank to misplace your cheque either during the clearing process or at the paying bank’s branch. In such situations the bank should do the following:

• The bank should immediately inform the customer who presented the cheque.
• The customer is entitled to be reimbursed by banks for related expenses for obtaining duplicate instruments and also interest for reasonable delays in obtaining the same.

As soon as the bank informs the customer that the cheque has been lost, then the customer can take precautions and inform the drawer of the cheque to stop the payment of the cheque.

It may however be noted that the probability of losing the physical instrument in the hands of paying bank is remote, in the locations covered by CTS as clearing is undertaken on the basis of images.

There are two types of facilities that banks provide for cheques:

• They provide a drop-box facility where you can drop-off your cheque. You will not get an acknowledgement for a cheque dropped at the drop-box.
• They also have collection counters where you can get an acknowledgement when you give the cheque for collection at the bank branch’s counter.

Yes, you can be held liable for cheque bouncing. Typically a cheque is valid for 3 months from the date on which it is issued. When you make a promise to your landlord to pay your rent through a cheque, it is understood your promise is good for 3 months. Even if your intention was to pay your rent when you wrote the cheque, but a few days later, your account balance went below the amount required to pay the rent cheque on the day your landlord presented the cheque for payment, you have still committed an illegal act. The relevant factor is not your intention to pay when you wrote the cheque, but whether your promise can be honoured on the day your landlord presents the cheque at his bank.

Write to your bank requesting another cheque return memo. Your bank will give you another copy of the cheque return memo which will be in duplicate.

Yes, if you have filed a cheque bouncing case against someone, you can apply for interim compensation to be given to you. This compensation would be 20 percent of the amount of cheque that was bounced. Once the court passes the order for the compensation, you should be paid within 60 days by the accused person. In exceptional cases they can even pay you in 90 days.

If the final court order in the case is in your favour, the award amount that you will receive will be after deducting the compensation amount paid in the beginning of the case. But in case the final order is not in your favour, you must return the initial compensation amount with interest.

Any demand made after the dishonour of cheque will constitute a notice. It is not necessary that the notice should be sent by Registered Post alone, it could be sent even by fax. It is not necessary that the notice should be in any particular form or style. What is essential is that there should be a demand to pay the dishonoured cheque amount.

The Code of Bank’s Commitment to Customers says that you will have to be reimbursed by the bank, if you inform the bank promptly. Your maximum loss should never be more than Rs. 25,000 – for example, for a fraudulent withdrawal of INR 50,000 the bank will make good your loss of INR. 25,000, and you will only have to bear the loss of INR 25,000. This limit will NOT apply if you have acted fraudulently or negligently or have contributed to the disclosure of/unauthorized access to information.

Yes, if the person renting the property to you has a general power of attorney from the owner, then he can sign a rent agreement on behalf of the owner.

Police Verification happens when the police verifies your identity and makes sure that you do not have any criminal record. While renting a house, it is the duty of the landlord to do police verification under the law and make you fill a “police verification form”, otherwise he will be punished. Sometimes even brokers help landlords to do the police verification but you do not have to do it yourself or pay any money for the form.

Yes, if your lease deed is for 12 months or more, then it is compulsory to get it registered. Otherwise, if it is less than 12 months, even though compulsory registration is not required under the law, it is better to get it registered in case you need to prove your address for any reason such as passport verification, Aadhar verification etc.

It is always a good practice to get rent receipts especially if you are paying rent in cash. Taking rent receipts can have advantages such as claiming tax exemption while filing your return (if you are eligible), using it as evidence if a dispute arises from the rent agreement, etc.

If you have paid your rent online, i.e. through a bank transfer, the receipt of the bank transfer would not be counted as a rent receipt. It will only be a proof of your online transaction.

You have to take the permission of the landlord if you have rented a premise for residential purpose but intend to use it for business or commercial purposes. However, if you have rented it specifically for business purposes and the same is mentioned in your agreement, then you do not need to inform the landlord/licensor.

No, you cannot sublet your rented premises to anyone, unless you have the express consent of the landlord. If you sublet without taking the permission of your landlord, you may be evicted.

The notice period is given in your agreement. If you do not provide the required amount of notice before leaving the house, the landlord/licensor can deduct an amount from the security deposit, which will be equivalent to the notice period. For example, if your notice period was one month and you informed the landlord that you would be leaving in one week, he can deduct three weeks worth of rent from your security deposit.

Yes, both the property owners have to be present to register the written agreement along with you and two witnesses.

The responsibility to do the major repairs in the house are usually with the landlord/licensor and minor repairs are usually with the tenant. Usually, the assignment of responsibilities for undertaking repairs in written in the agreement.

After you have signed your rent agreement, try to ask for the following receipts:

• Rent Receipts
• Security Deposit
• Brokerage

These receipts will be helpful to show the record of money exchanged between you and the landlord/broker and for tax filing and House Rent Allowance (HRA) reimbursement purposes.

It is important to have copies of the following:

• Rent/Lease/Leave and License agreement.
• Police Verification form
• Bill for utilities such as electricity, water etc.

Having copies allows you to use them as proof if you had to go to court, or as residence proof, proof of payment of expenses with the landlord etc.

Your landlord can increase your rent at the end of your lease, but not in between. However, if it is a month-by-month lease, the landlord can give you a notice at any point and increase the rent from the following month.

No, if the police are coming to your house for the verification, it means that they are verifying your identity and the details you have given in the form. They will check the address and might possibly even come to your house, but they do not have a right to go around the house and inspect it.

No, you cannot use electronic signatures for rent agreements. Electronic signatures cannot be used for real estate contracts such as lease/rent agreements.(( Electronic signatures in India, https://acrobat.adobe.com/content/dam/doc-cloud/en/pdfs/electronic-signatures-in-india-uk.pdf))

If you are the landlord and the tenants vacated the house without paying rent, you can file a complaint to the police against your tenant. For this, you will have to go to the police station and file an FIR. You should make sure you give all the information you know about the incident and trouble you have faced with your tenant.

If you are a tenant without a lease agreement and you feel that the landlord is unfairly evicting you for non-payment of rent, please contact a lawyer for further help.

Even after giving notice, if the tenant refuses to vacate the property, this is a breach of contract because the tenant is violating the rent agreement. We would recommend that you contact a lawyer who can assist you based on your specific rent agreement.

If a police officer is refusing to take action on your complaint, then you can:

• Write down the complaint and send it to the Superintendent of Police. If the Superintendent feels there is merit in the case, they can appoint a police officer to start an investigation.
• Take the help of a lawyer while going to the police station. Lawyers can advocate on behalf of a person and reduce the possibility of harassment from police officers.
• Approach the District/Judicial Magistrate directly to file a ‘private complaint’. Further, if a Magistrate thinks proper investigation is not being done by the officer-in-charge of a police station, the Magistrate can certainly direct the officer to make a proper investigation and can also monitor the investigation. So, you can apply to the concerned Magistrate for monitoring the police investigation, and the Magistrate can then issue appropriate directions for speedy completion of the investigation.

You can also file a complaint against the Investigating Officer for deliberately disobeying any law which regulates the manner of conducting an investigation. Under Section 166A of the Indian Penal Code, 1860, the officer can be punished with imprisonment for six months to two years, along with a fine.

A statement can be expressed ironically but can still amount to defamation. For example, you publish a statement in the newspaper saying that Hari, the local politician, is an honest man and has never taken a bribe of Rs. 5,00,000 for construction of a bridge. Your statement might be considered defamatory (if it isn’t actually true) because it is a very specific fact about Hari taking bribes and readers are likely to interpret your statement to say Hari actually took the bribe.

It is not defamation to caution someone against another, but you should make sure that the caution is in good faith, or for the public good.

There is an exception under this provision for making an accusation before a lawful authority in good faith. However, in this situation, you need to go to the right authority. For example, the municipality is not the legal authority in charge of investigating tax evasion – therefore this exception will not apply and you can be punished for defaming your neighbour.

There is an exception under this provision for making an accusation before a lawful authority in good faith. However, in this situation, the municipality is not the legal authority in charge of investigating tax evasion – therefore this exception will not apply and you can be punished for defaming your neighbour.

No, there is an exception under defamation law for any person who has lawful authority over another to criticize that person in good faith. However, if you publish statements about the student being naughty and uncultured in the school newsletter, you can be punished under this provision.

There is an exception under this law for expressing your opinion in good faith regarding the conduct of a party, witness or agent in a court case or regarding the merits of the case after it has been decided. However, you can be punished for maliciously attacking the character of a witness on grounds which are unconnected to her conduct during the trial.

There is an exception under defamation law for publication of reports regarding court proceedings. The report should, however, be true for the most part at least.

There is an exception under this provision for expressing your opinion in good faith on another person’s conduct on a public question. In this situation, if the doctor, in her academic article, was trying to promote the hospital she works for, it would be okay for you to express the fact that such conduct was unprofessional.

No, it is not a crime if you have expressed your opinion about any public servant in good faith. As long as you have expressed your opinion honestly, without misrepresenting the facts, you cannot be punished for defamation. If you did this out of hatred or vengeance, then you can be punished.

No. Saying or publishing the truth which for public good is an exception to defamation law. The Court will look into the facts to decide if the statements you made were actually for the public good.

You can file a complaint for online abuse even if you are not physically present in India using the following options:

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well.

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously. You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

Yes, if they are making false statements about you verbally with the intention of harming your reputation, it can be considered defamation in the form of slander. Read more on the punishment for defamation.

To report online abuse, you can approach various authorities apart from the Cyber Crime Branch. To know more, read here.

There are exceptions in the law for expressing your opinion on another person’s character or cautioning against another person so long as you did this in good faith and to protect either your or another person’s interests or for a public good.

The law says you have to appeal within 30 days to a tribunal known as the Film Certification Appellate Tribunal (FCAT). This tribunal can revise the decision of the Censor Board. However, the Central Government also has a lot of power to change the decisions made by the Board or the Tribunal. It can look into any film that is being considered by the Board, and can also look into any decision that has been made by the Board or the Tribunal. The Government can then make any orders to cancel or suspend a certificate, or to change a film’s certification (for example, from ‘U/A’ to ‘A’). They can also change the release of the film. Whatever the Government’s decision, the Board will have to follow its order.

The Government has to hear your side of the story first, and any order only remains valid for two months. The Government can also make this procedure private if it deems it ‘against public interest’ to make it public.

If your spouse is diagnosed with a Sexually Transmitted Disease that prevents you from engaging in sexual intercourse, you can ask for the marriage to be declared as invalid.

Under Muslim law, if a girl has attained puberty (15 years) then she can get married. So, a girl of 16 years old who has attained puberty can get married.(( Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].))

Under Muslim law, only a Muslim man can marry a Christian woman or a woman from any other religion. This is not the case for a Muslim woman, as she cannot marry a Christian Man or a man from any other religion. If she does, then she will not be considered a Muslim anymore.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.))

However, now two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.

A marriage between a bride and groom who is a non-Muslim is considered unlawful and does not to have any legal effect under Muslim personal law (it is ‘void’).(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.))

However, two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.

Any person may object to a marriage if it goes against any of the requirements given in Section 4 of the Act. The objection must be made within 30 days of publication of the notice of the intended marriage. When an objection is made, the Marriage Officer will not allow the marriage to be performed until they address the objection. They will then make a decision within 30 days of the objection whether to uphold it or not. If they uphold the objection they will not perform the marriage.

Yes. Inter-religious marriages are permitted under the Special Marriage Act. Even if the marrying parties belong to different religions, they can get married under this Act without having to convert or change their religion. The only requirement is the valid consent of the parties. You must be at least 21 years old (if male) or 18 years old (if female).

When a marriage is performed under this Act, the parties getting married shall give a notice in writing to the Marriage Officer of the district in which at least one of the parties has resided for at least thirty days immediately before the date on which the notice is given.

A marriage that has been registered under the Act by a marriage officer will be entered in the Marriage Certificate Book and will be deemed to be a legitimate marriage under the Act. All the children born after the date of the ceremony will also be considered to be legitimate children.

The marriage certificate given to you by the Marriage Officer is the proof of validity of an inter-religious marriage.

If you are being harassed in your marriage, then you can file for divorce on the grounds of cruelty. If you have been married under Hindu law then your divorce will also be governed by the same law. You can divorce your spouse only based on the reasons specified in the law. It is harder to seek a divorce simply only on the grounds that you no longer wish to remain married without it matching any reasons recognized by the law. However, it is possible to get a divorce if you and your spouse mutually consent to it. Divorce can take place if the husband or wife brings a petition to the Court based on the recognized reasons.

Though prenuptial agreements are not legally validated under religious Hindu marriage law, a prenuptial agreement can be legally enforceable as per contract law in India. A contractual prenuptial agreement should follow the legal rules of contracts given under the Indian Contract Act , 1872. To be valid, the contract should not be contrary to law or public policy, so if the marriage is governed by the Hindu Marriage Act, the contract cannot have provisions that violate that law.

The Saptapadi ceremony establishes the commitment the couple makes to each other during the Hindu wedding ceremony. Saptapadi quite literally translates from Sanskrit to ‘seven steps’. The couple takes seven full circles, walking clockwise around the ceremonial fire, representing the seven principles and promises they make to each other.

Your marriage is not legally ‘solemnized’ if you do not follow the essential ceremonies followed by either your or your spouse’s communities. There are different customary requirements in different parts of the country – generally, in north India, saptapadi and invocation before the sacred fire are considered essential ceremonies. However, these are not considered essential ceremonies in states like Tamil Nadu and Pondicherry – an exchange of garlands or rings and tying a thali is considered enough.

Saptapadi is therefore not necessary for all marriages. However, where saptapadi is observed as a ceremony, when last step taken around the fire the marriage will be considered complete.

As you know, there are certain conditions for a valid Hindu marriage. When these legal requirements are not met, your marriage suffers from certain legal defects/problems. It has no legal validity and you can annul the marriage in a Court. There are two categories of legal defects in a marriage – ‘void’ and ‘voidable.’ It’s simple – a void marriage is automatically considered an invalid marriage from the very beginning and there is no need to annul it. On the other hand, a voidable marriage is legal until a Court says it is not. Once you have fulfilled conditions then your marriage can go back to being valid.

For example, marriages are void when the conditions of not having a spouse before getting married, you and spouse not falling within the category of “prohibited relationship” or “sapindas” are not followed. On the other hand, a marriage is voidable when your spouse is impotent.

The law allows for situations where one spouse is forced to withdraw from the company of the other. For instance, in a situation where your spouse is treating you with cruelty – either mentally or physically – it would be considered reasonable for you to leave them. Therefore, while considering your spouse’s petition for divorce will be decided upon after taking into consideration your reasons for leaving his company.

Yes, the law allows women to file for divorce against their husbands in the following instances:

• When the husband remarries before getting a divorce or in the lifetime of the first wife.
• Where after getting married, husband has been held guilty of rape, sodomy or bestiality.
• When husband and wife have been living apart for one year after the Court has instructed the husband to pay maintenance.
• When the woman is married off before she turns 15 years and she wants to end the marriage.

In order to grant a divorce, one of the first things that the Court checks is if they were in a marriage that was legally valid i.e. a subsisting marriage. The Court can only grant a divorce if the marriage legally existed. So, it checks if your marriage existed as per the law to go forward with divorce proceedings.

For example, Bhavana and Amit are in a live-in relationship. Bhavana cannot file a divorce against Amit as they are not in a “subsisting marriage” since they have not gone through the marital ceremonies or registered their marriage under the law.

A Marital relationship includes:

• Feelings of love and liking you have for your spouse
• Companionship and support you get from your spouse.
• Living in the same house as your spouse (Not mandatory)
• Sexual relations with your spouse.
• Having children with your spouse and their upbringing.
• Domestic responsibilities which you would be sharing with your spouse, such as finances of the house etc.

You have to file your case in the Family Court in your District. However, consult your lawyer before filing the case.

There may be situations where a particular District does not have a Family court. In these situations, the District Judge or a Civil Judge appointed by the State Government will perform the same functions as a Family Court judge.

Recently, many Courts have been using videoconferencing for matrimonial and divorce cases because it is hard for the parties to travel to another city just for the case. So, Courts have said that only after the husband and wife have discussed problems such as property, custody etc. and it has failed, that the case can proceed by the use of video conferencing. Further, both spouses have to consent to the use of video conferencing.

Under the law, the divorce proceedings in Court may be held ‘in camera’, i.e, cases that are those carried out in private, in the absence of the public and the press. The Family Court may direct the parties to use in camera proceedings or one of the parties can make a request for this, which will be considered by the Family Court.

For example, Seema has filed a case against Deb for divorce. During the case, because of the amount of sexual abuse faced by the wife, Seema, she may request the Court to conduct in-camera proceedings keeping in mind the sensitive nature of her case.

If your husband has converted to Islam, you can apply for divorce stating this reason. And since the marriage was performed as per Hindu law, the divorce will also be governed by Hindu law, even if your husband is not a Hindu anymore.

No, you cannot give your spouse’s leprosy as a reason for divorce. It used to exist as a reason, but the Supreme Court struck it down. There is even a bill pending in Parliament to amend all personal laws for removing leprosy as a reason for divorce.

The details of the reconciliation methods, which include mediation, conciliation and discussions with family counsellors, are not supposed to be part of the records of the Court or disclosed to any third party. This is done to respect and maintain the privacy of the husband and wife. So, neither the Court nor the lawyers will know what you said during the mediation.

The difference between the two reconciliation methods is that, in the process of mediation, the mediator assists the parties to arrive at a solution while in conciliation, the conciliator himself proposes solutions to solve the problems of the spouses during the divorce. For example, if you and your spouse go to a mediator, he will assist you in deciding about the future of your marital life while a conciliator will give you options on how to decide your future.

No, if you never intended to abandon her, then she cannot claim desertion as a ground for divorce. Intention to desert a spouse plays an important role in getting a decree of divorce. However, you must also make that clear in your response to her divorce petition.

No, cheating on your spouse is not a criminal offence. Adultery used to be a crime under the Indian Penal Code, but the Supreme Court recently struck it down.

In the end, the Court will keep in mind the following circumstances while making a decision:

• The best interest of of your children.
• Any possibility of reconciliation between the you and your spouse.
• In cases of cruelty,
  • The nature of the conduct or cruel treatment. For example, the Court would consider whether your spouse is harassing you for money or does acts to humiliate you.
  • The impact of such treatment on the mind of the spouse and whether it would be harmful or injurious to his or her life. For example, if your spouse harasses you for dowry, then it would impact you monetarily and affect your marital life.

Continuous harassment by your spouse may amount to mental cruelty in some cases, and may even be valid grounds for a divorce. However generally, actions such as creating hurdles relating to your professional life, or humiliating you in front of your colleagues or boss, need to be in addition to other actions such as instituting dishonest cases against you, etc.

However, there is no one strict formula for granting a divorce, and each order for divorce is granted based on the specific facts of your case. Therefore, depending on factors such as the extent of harassment, the mental trauma you have suffered, and the regularity of these occurrences, a divorce may be granted. For legal advice relevant to your experiences, please contact a lawyer.

Yes, you can even apply for a residence order requesting the Court to direct your husband to either provide or pay for accommodation.

Under Hindu Divorce law you cannot easily file for divorce simply because you unilaterally believe that your marriage is not working out. The Courts have recognized that “Irretrievable Breakdown of Marriage” is a situation where either one or both spouses are no longer able or willing to live with each other, thereby ending their marital relationship with no hope for its revival. The law does not specifically recognise this as a reason for divorce, but some courts have accepted it to be a valid ground. However, it would be hard to successfully get a divorce simply on this ground.

While your divorce case is being decided, along with it, you can apply for the custody of your children. Depending on the facts and circumstances of each case, the issue of custody will be decided keeping the best interest of the child.

Yes, an application for maintenance, whether temporary or permanent, can be made by either husband or wife.

Just because your spouse did not intend to hurt you or harass you, does not mean that it is not an act of cruelty. The intention of your spouse does not matter. Unintentional acts also amount to cruelty. For example, if your husband has a habit of beating you under the influence of alcohol, the excuse of him not “intending” to beat you, will not matter – it would still be an act of physical cruelty and you can go to the Court to file for a divorce.

Courts look at all acts of cruel behaviour that happen during the marriage and after filing the divorce. Some of the common cases of cruelty which go to Courts are:

• Demands of money or dowry leading to harassment and continuous ill-treatment which may happen before or after your marriage.
• A spouse registering various criminal cases or filing frivolous/multiple cases against you, leading to harassment.
• Getting advertisements and news published to hurt your reputation.
• When a spouse does not have sexual relations with you for a long time.
• Allegations of extramarital relationships.
• Ill-treatment by in-laws.

Cruelty is not a singular or isolated act done by one of the spouses. It has to be of such a nature that it is recurring or continuing over a period of time. However, there may be cases where a single conduct is bad enough or is an illegal act such as domestic violence. In such cases, Courts may consider such acts as acts of cruelty and grant the divorce.

Yes, Hindus have a separate law for divorce. The Hindu Marriage Act, 1955 is the law which governs Hindu marriages and divorce. Therefore, a couple married as per the Hindu Marriage Act must also get divorced under the same law.

In a situation where the spouse who filed for divorce dies, the divorce proceeding would be discontinued and therefore you would be a widow, not a divorcee. A divorcee is a divorced person.

In a situation where you have filed for divorce and your husband dies, the divorce proceedings may not necessarily be discontinued because certain legal obligations continue after his death. Therefore, your case for divorce can continue and you may claim maintenance from the legal heirs of your husband. Depending on the decision of the court, you will not only be a widow but also a divorcee.

Yes, the Court can order you to pay her temporary maintenance. It does not matter if she has earning capacity or not or whether she is qualified or not. If she does not have any source of income during the course of the proceedings, she can make an application for temporary maintenance and the Court can grant her the same.

No, you cannot file for a dowry case after you have been divorced.

Read this explainer to understand how to update the address in all your identification cards.

Yes, the in laws would be charged with Section 304B of the Indian Penal Code for having caused a dowry death, as it also encompasses the act of suicide. If convicted of the offence, the in-laws would face jail time between 7 years and life.

Demand of dowry at any point of time is illegal. The presumption of the 7 year period is examined for cases of dowry deaths. Hence, if your in-laws are asking for dowry even years after marriage, it is an illegal act and you should report it.

In a scenario where the validity of your marriage is still in question, you can still complain to the authorities if there are demands from your spouse or spouse’s family. A husband not only covers a person legally married to you but also someone who enters a marital relationship by feigning his status as a husband. If this person is cruel or coerces a person in any manner to give dowry, then the wife can complain against him to the authorities.

Certain less serious crimes can be settled by the victim and the accused. However, dowry crimes cannot be settled in this manner.

The crucial difference between dowry and a wedding gift is that gifts are given out of one’s own free will, there is no coercion or pressure. The main condition for something to be seen as dowry is that it must be given as a condition for marriage. So any gift that is given, whether it’s property, money, or anything else of value, would be considered as dowry, if it’s given as a condition for marriage. Customary gifts exchanged in accordance with prevailing practice and custom are not considered dowry.

It depends on who has made the demand for, and is harassing the bride for dowry. If the family members can prove that they were not involved in any kind of harassment and never demanded dowry, they shall not be held liable. Therefore, it depends on who is liable and how. In case the demand was made by one person, say the husband, or the father-in-law, then the other family members will not be prosecuted. However, the burden of proof for showing that demand was not made by the whole family, remains on the family which has been accused.

No. Courts have ruled that since the law refers specifically to the husband and his relatives, and once you are divorced that person is no longer your husband, a case of dowry cannot be filed.

Yes. The law clearly states that dowry is something that can be given at, before, or any time after the marriage. Therefore, if someone has demanded you to pay dowry before the wedding, it is still a crime, and a complaint can be filed.

There is a specific provision in the Indian Penal Code, S. 304B which deals with Dowry death. This section makes it easier to prove dowry death as against other death-related offences. This is because it shifts the burden of proof on an accused (normally the burden of proof is on the prosecution or the complainant). As long as the prosecutor proves the case, the court will deem that the person has accused committed the offence.

The burden of proof only shifts once the prosecution can show certain things. These are:

• The death of the woman was caused by burns or injuries which are not like ordinary course burns and injuries.
• The victim was a married woman and she died within 7 years of her marriage.
• The victim suffered ‘cruelty or harassment’ because of demands for dowry. So there must be some connection between the death and demands for dowry.

Once all this is shown by the prosecutor, the court will deem that the accused has committed the offence. Now, the accused must prove that she or he did not commit the offence. The burden of proof shifts onto the accused. You can be punished with jail time of up to 7 years or more (including jail for life).

Yes, the person will be arrested immediately. However, the person arrested has a right to apply for bail and anticipatory bail.

Yes, depending on the type of harassment faced, whether verbal or physical, it would qualify as domestic violence under the Protection of Women from Domestic Violence Act 2005. The act provides immediate relief from any kind of harassment faced. The definition of domestic violence given in the law is very wide and covers a broad range of behaviours and instances, including harassment and harm arising from an unlawful demand for dowry.(( Section 3(b), The Protection of Women from Domestic Violence Act.))

Yes, you can go to the Court to file divorce against your husband if your husband is suffering from mental illness. However, your husband should be suffering from mental illness for at least 2 years before you approach the Court. It is better to consult a lawyer to understand more.

Venereal Disease: If your husband has a venereal disease, you can go to the Court to file a case of divorce against your husband with the assistance of a lawyer.

Leprosy: You cannot go to Court anymore to ask for divorce if your husband has leprosy, as it is a curable disease and Courts have stopped recognizing leprosy as a reason for divorce.

If your wife has filed a case against you saying that you are impotent, and if this is untrue, you can deny these allegations by going to Court with the assistance of a lawyer. Even if you are impotent, under the law, you have every right to file an application asking for time (one year) to prove to the Court that you have ceased to be impotent.

Yes, you can file a case in Court for divorce for cruelty, if your husband has not been treating you properly. Cruelty is human conduct or human behaviour which causes harassment in the mind of the spouse. Some instances of cruelty by which you can go to Court are given here.

Under Muslim personal laws, if a marriage is conducted by violating certain rules and customs, then they are known as Batil marriages. These kind of marriages can be annulled by going to Court. If you do annul such a marriage, then it would be as if the marriage never took place.

No you cannot divorce your wife this way.

In 2017, Courts viewed talaq al- ba’in or triple talaq as a form of divorce which is no longer valid and one which cannot be practiced by husbands in India.

In this type of divorce, you can divorce your wife with three pronouncements of divorce at the same sitting. The effect of Triple Talaq is that the marriage comes to an immediate end once it is pronounced.

This form of divorce, left no room for the husband to change his mind nor did it give the woman any say in the way her own marriage ends.

For example, Arshaf says “Talaq, Talaq, Talaq” while looking at his wife one afternoon. Instantly, the marriage and marital obligations comes to an end. There would only be certain legal obligations between them which would remain, such as the husband or wife cannot inherit money or property from each other.

As of today, such divorces are illegal under the law and even if you do it, you would not be divorced from your wife.

You can say talaq and divorce your wife without waiting for the tuhr period if your wife is past her menstrual age.

Talaq is divorce under Islam. Each School of Muslim law has a different approach to ending a marriage.

For example, the practice followed by the Ithna Ashari School is that they have to orally say the word talaq in front of two Muslim males who would be witnesses to the divorce and they have to say a certain set of words to end the marriage.

A medical record provided by a doctor to a patient should contain the following information(( Annexure 7, Clinical Establishments Act ,2010 (Standards for Hospital Level 1A & 1B, 2010.)):

• Name and registration number of treating doctor
• Name, demographic details and contact number of patient
• Relevant clinical history, assessment and reassessment findings, nursing notes, diagnosis
• Investigation reports
• Details of medical treatment, invasive procedures, surgery and other care provided
• Applicable consents
• Discharge summary
• Cause-of-death certificate & Death Summary (where applicable)

No. Doing so is irresponsible on the part of the doctor, if the doctor does not conduct any tests to establish the extent of your condition and only relies on your word. Prescribing medication based on such half-baked knowledge can be dangerous and lead to complications or even death. It has been held by Courts that a prescription without diagnosis would amount to medical negligence, and a criminal case may be filed against the doctor.(( Deepa Sanjeev Pawaskar & Anr v. State of Maharashtra 2018 SCC OnLine Bom 1841.))

While patients generally depend on word-of-mouth or personal recommendations when choosing a doctor, it is not a fool-proof method. You can find reliable information about credible doctors registered in the Indian Medical Registry. The Indian Medical Registry publishes the list of doctors registered with the various State Medical Councils across India up to 2019. You can search the database for registered doctors using their name, qualification, registration year, registration no, registered council etc.

The Consumer Protection Act, 2019 does not expressly mention healthcare as a ‘service’(( Section 2(42), Consumer Protection Act, 2019.)), like its predecessor did (The Consumer Protection Act. 1968). So, it is unclear at the moment whether healthcare is covered by the 2019 Act and whether patients will be considered as ‘consumers’. The courts will clarify whether the new law would apply, as they did earlier with the Consumer Protection Act, 1986.(( Indian Medical Association v. VP Shantha (1995) 6 SCC 651.))

The National Essential Medicines List or NLEM is a government-notified list of medicines, and is based on WHO’s(World Health Organization’s) model of an Essentials Medicines List. You can find the list of medicines here. The contents of the list are chosen on the basis of:

• Disease prevalence in a country
• Essentiality of a medicine in treating a specific disease
• Efficacy proven by unequivocal evidence and wide acceptance in medical science
• More benefits than risks from the widespread use of the medicine
• Cost effectiveness
• Preference for single compound medicines over Fixed Dose Combination(FDC) drugs
• Essentiality on the basis of different tiers of the healthcare system (i.e. Primary, Secondary and Tertiary)

The medicines contained in this list are intended to be to made available:

• In ample stocks
• In correct dosage strengths
• In assured quality

In India, it is the responsibility of the Ministry of Health and Family Welfare to notify and periodically update the NLEM.

To be included in the list, a medicine must fulfill the following criteria, among others:

• Approved/licensed in India
• Useful in a disease which is a public health issue in India
• Efficacy and safety profile proven by valid scientific evidence
• Cost effective
• Aligned with the current treatment guidelines for the disease

In 2013, the Government of India issued(( Section 3, Essential Commodities Act, 1955.)) the Drug Price Control Order, 2013 to regulate the prices of drugs enlisted in the NLEM by prescribing ceiling rates for them.

Doctors are ethically obliged to maintain strict confidentiality to protect the privacy and dignity of the patients they treat. Therefore, they cannot divulge any secrets learnt during the treatment of a patient, except in some cases. For instance, if a Court orders it or there is a risk to the community. For the same reason, they are also not allowed to publish pictures of patients from which they can be identified, without their consent.(( Section 7.17, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.)) If the identity of the patient is not revealed from the picture or consent is given by them, then the doctor may use it for publication.

Doctors are free to choose whom they treat. However, there are some situations where they are obligated to help:

• In an emergency case
• When the refusal is only on a discriminatory basis

Refusal to treat a patient should not be arbitrary. It should be done only if(( Section 2.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.)):

• The doctor does not possess the skills or qualifications required
• In the doctor’s opinion, the patient would benefit from referral to a specialist

No, doctors cannot advertise their services. Direct or indirect solicitation of patients by doctors is considered unethical. Doctors should not indulge in any form of advertisement that leads to self-promotion. For the same reason, they cannot put their own picture or self-promotional material on the letter head or the sign board of the clinical establishment.(( Section 6.1.1 and 6.1.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.))

When a patient is discharged from the care of a doctor, the patient must be provided with a discharge summary containing the following information(( Annexure 10, Clinical Establishments Act (Standards for Hospital Level 1A & 1B), 2010.)):

• Name & Registration number of treating doctor
• Name, demographic details & contact number of patient, if available
• Date of admission and discharge
• Relevant clinical history, assessment findings and diagnosis
• Investigation results
• Details of medical treatment
• invasive procedures, surgery and other care provided
• Discharge advice (medications and other instructions)
• Instruction about when and how to obtain urgent care

Yes, the Charter of Patients Rights by the Ministry of Health and Family Welfare envisages responsibilities and duties(( Annexure 8, Clinical Establishments Act, 2010 (Standards for Hospital Level 1A & 1B). )) to be undertaken by patients and their caregivers when interacting with medical practitioners or doctors. Patients have the duty to:

• Provide all relevant health-related information to the doctor, completely and truthfully to facilitate correct treatment
• Cooperate with the doctor in tests and diagnostics and following their advice, while remembering their own right to choose the course of treatment
• Patients should be compassionate towards others seeking treatment near them. They should maintain discipline and avoid creating disturbance for other patients. They should also not litter and keep the hospital clean.
• If a patient has a grievance, it must be presented respectfully, keeping in mind the dignity of the doctors and hospital staff. Patients or their caregivers should not resort to violence or damage hospital property as they will incur criminal liability for such actions. If such violent acts are done with government medical personnel, it will amount to violence caused to a public servant. Some instances are:
  • Obstructing public servants in discharge of public functions(( Section 186, Indian Penal Code, 1860.)) that they are responsible for. Such obstruction may be physical or by any other means. You may face jail time upto 3 months or fine of INR 500 or both.
  • Threat of injury to public servant(( Section 189, Indian Penal Code, 1860.)) to force them to do something or forbid or delay them in doing something which pertains to their public function. You may face jail time upto 2 years or fine or both.
  • Voluntarily causing hurt to deter public servants from duty(( Section 332, Indian Penal Code, 1860.)). You may face jail time upto 3 years or fine or both.
  • Voluntarily causing grievous hurt to deter public servant from duty.(( Section 333, Indian Penal Code, 1860.)) You may face jail time upto 10 years or fine or both.
  • Assault or criminal force to deter public servants from discharge of duty. You may face jail time upto 2 years or fine or both.(( Section 353, Indian Penal Code, 1860.))

In addition, the latest ordinance by the Government of India enumerates ‘acts of violence’(( The Epidemic Diseases (Amendment) Ordinance, 2020.)), which if done by any person to a healthcare service personnel, will be punishable with a jail term up to 5 years, with fine.(( Section 6, The Epidemic Diseases (Amendment) Ordinance, 2020.)) It also expressly prohibits violence against healthcare service personnel during an epidemic.(( Section 5, The Epidemic Diseases (Amendment) Ordinance, 2020.))

Timely help given to a road accident victim can mean the difference between life and death for them. People should be encouraged to be good samaritans, who in good faith and without expectation of reward or duty of care, provide assistance to a victim of a road accident. However, witnesses or bystanders often hesitate to help due to the fear of:

• Legal hassles
• Being asked to repeatedly appear as a witness in court
• Repeated questioning or harassment by the police
• Payment of charges or fees at hospitals

To address this issue, the Supreme Court and the Ministry of Road Transport and Highways gave effect to the Good Samaritan Law. It prohibits harassment of good samaritans by police or the hospitals when they bring in or report about an accident victim. The salient features of the Law are:

• A bystander or good samaritan who takes an accident victim to a hospital should be allowed to leave immediately after, no questions asked.
• They shall be rewarded/compensated in a manner specified by the State governments, to encourage others to follow suit.
• They shall not be liable for any civil or criminal liability arising out of the accident
• They can maintain their anonymity when reporting the accident to the police on phone. They cannot be compelled to reveal their identification details.
• The same provision of anonymity shall apply to the Medico-legal Form in hospitals. In both places, the good samaritan can voluntarily provide their details.
• In case the good samaritan agrees to be a witness in the case, and is required for investigation by police, they may be examined once. Thereafter they should not be harassed or intimidated by the police and the same should be ensured by the State government through appropriate methods.
• Hospitals are not to detain good samaritans or demand treatment costs from them.

If a doctor does not provide immediate emergency care as required in an accident case, it shall constitute ‘professional misconduct’(( Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.)) and be a cause for disciplinary action.

To ensure that clinical trials are conducted ethically, an Ethics Committee(( Section 2(o), New Drugs and Clinical Trials Rules, 2019.)) is constituted with a minimum of 7 members.(( Section 7 & 8, New Drugs and Clinical Trials Rules, 2019 (for clinical trials); Section 15 &16, New Drugs and Clinical Trials Rules, 2019 (for biomedical research))) This committee comprises of:(( Section 7, New Drugs and Clinical Trials Rules, 2019.))

• one lay person or any citizen
• one woman member
• one legal expert
• one independent member from any other related field such as social scientist or representative of a non-governmental voluntary agency or philosopher or ethicist or theologian

At least 50% of the members should be those who are not associated with the organisation or institute where the Ethics Committee is formed.(( Section 7(2), New Drugs and Clinical Trials Rules, 2019.)) It is then to be registered with the Central Licensing Authority to become functional.(( Section 8, New Drugs and Clinical Trials Rules, 2019.))

The Ethics Committee is meant to supervise a clinical trial or biomedical research to ensure that the human participants involved are treated with due care. Its approval is a necessary requirement for a clinical trial or biomedical research to begin. Its functions(( Section 11, New Drugs and Clinical Trials Rules, 2019.)) include:

• Suspension of the trial at any stage if it may compromise the rights or safety of the trial participants
• Supervision of the trial premises by an officer authorised by the Central Licensing Authority(( Section 3, New Drugs and Clinical Trials Rules, 2019.)) (Drugs Controller, India)
• Safeguarding the rights and safety of trial participants by ensuring that safety standards are maintained.

Private hospitals and clinics are required to provide access to medical records on the request of patients. The RTI Act defines ‘information’(( Section 2(f), Right to Information Act, 2005.)) such that records held even by a private medical establishment can be accessed by a public authority. So a patient can file an RTI with the concerned state or central authority and through them, obtain their medical records from a private hospital. The right of a patient to have access to his medical records is a fundamental right under the Constitution of India, 1950.(( Article 19 and 21, Constitution of India, 1950; Nisha Priya Bhatia Vs. Institute of HB&AS, GNCTD 2014 SCC OnLine CIC 3155.))

To file an RTI, read more here.

A ‘clinical establishment’ refers to:(( Section 2(c), Clinical Establishments (Registration and Regulation) Act, 2010.))

• A hospital, maternity home, nursing home, dispensary, clinic, sanatorium or an institution that offers services and facilities for:
  • diagnosis, treatment
  • care for illness, injury, deformity, abnormality or pregnancy(( Section 2(h), Clinical Establishments (Registration and Regulation) Act, 2010.))
• Diagnostic lab, pathology lab or another establishment where such investigative services are conducted, and it is established either independently or as part of another establishment.

Such clinical establishments may be owned, controlled or managed by(( Section 2(c)(ii), Clinical Establishments (Registration and Regulation) Act, 2010.)):

• the Government or a department of the Government
• a trust, whether public or private
• a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government
• a local authority
• a single doctor

Clinical establishments are recognised and registered under the Clinical Establishments (Registration and Regulation) Act, 2010. The law aims to ensure that places that provide medical services uphold a minimum standard of facilities and care. However, clinical establishments owned, controlled or managed by the Armed Forces are separately managed.

Doctors can be designated as registered medical practitioners if:

• They hold recognized medical qualifications(( Section 2(h), Indian Medical Council Act, 1956.))
• They have completed an undergraduate medical course in a college or university recognized by the State government and registered with the Indian Medical Council.(( First Schedule, Indian Medical Council Act, 1956.)) A list of recognized colleges and universities can be found here.
• They are enrolled with the State Medical Register(( Section 15, Indian Medical Council Act, 1956.))
• or the Indian Medical Register(( Section 21, Indian Medical Council Act, 1956.)) and received a registration number

If the medical degree has been obtained from a foreign university, an Indian citizen possessing primary medical qualifications awarded by a foreign medical institution must clear a screening test(( Rule 3, Screening Test Regulations, 2002.)), in order to be registered with either the Medical Council of India or State Medical Council.(( Second Schedule, Indian Medical Council Act, 1956.)) You can find a list of such foreign universities here.

You have a right to complain against noise pollution and the authorities will take action against those who do. The punishment for noise pollution is:

Causing Public Nuisance

Creating noise is considered to be a public nuisance when you cause any injury, danger or annoyance to the public.(( Section 268, Indian Penal Code, 1860.)) For example if your neighbour plays a sound system at midnight very loudly, then this is considered to be a public nuisance. The punishment for such nuisance is a fine upto Rs. 200.(( Section 290, Indian Penal Code, 1860.)) If you continue to make noise even after the Court directs you to stop the noise then you may be punished with jail time upto 6 months along with a fine.(( Section 291, Indian Penal Code, 1860.))

Causing Environmental Pollution

Since noise pollution causes significant harm to the environment and surroundings, you will be punished with jail time upto five years with a fine upto Rs. 1 Lakh or both, if you cause any noise pollution. For example, if the construction noise of a building is making it hard for you to live, then this is a form of noise pollution.

If the noise pollution continues, then you may be punished with an additional fine of Rs. 5000 for every day the pollution happens. If the noise continues for more than a year despite orders to stop it, then you may be punished with jail time upto 7 years.(( Section 15, The Environment (Protection) Act, 1986.))

Sound emitting fire crackers cannot be burst in silent zones or during night time. (between 10.00-p.m. and 6.00 a.m).(( Rule 3, Noise Pollution (Control and Regulation) Rules, 2000.)) This is noise pollution and it is punishable with jail time up to five years with a fine up to Rs. 1 Lakh or both.(( Section 15, , The Environment (Protection) Act, 1986.))

Even at the manufacturing stage, no one can manufacture, sell or use firecrackers which create a lot of noise (noise level exceeding 125 dB(AI) or 145 dB(C)pk at 4 meters distance from the point of bursting).(( Central Pollution Control Board, Noise Standards, Firecrackers – Noise Pollution, https://cpcb.nic.in/displaypdf.php?id=bm9pc2VsaW1pdF9maXJlY3JhY2tlcnMucGRm.)) While measurements are being made, the Department of Explosives must make sure that the manufacturer has an export order, the firecrackers are within the noise limits, the firecracker boxes have a different packaging color code an that the firecracker has “not for sale in India” or “only for export in other countries.” Read more about these measurements here.

Central Pollution Control Board in association with State Pollution Control Boards have also established Real-Time National Ambient Noise Monitoring Network in seven metropolitan cities and installed seventy of Noise Monitoring System in Mumbai, Delhi, Kolkata, Chennai, Bangalore, Lucknow and Hyderabad (Ten stations in each). You can read more here.

Noise is measured through the unit known as a decibel. There are noise limits that you will have to follow depending on the area you live in. Since measuring noise requires scientific instruments (such as, a sound level meter), you may not always know if you are exceeding the noise limits for a particular area. In such cases, you should:

• Make sure that regardless of what you do or which equipment you use, it does not turn out to be noisy and a disturbance for others. For example, if you are playing music during a party, try to keep the volume down at night time while people are sleeping.
• Don’t wait for your neighbours or people around you to file a complaint to the police. If they mention that you are making noise that is disturbing them, try to reduce the noise.

Please note that it does not matter whether you made the noise unintentionally or intentionally; all that matters is whether you have created too much noise.

Vehicles are a common source of noise pollution in India. If you misuse your vehicle horn then it would be noise pollution if:

• Sound the horn in a silent zone(( Rule 5A, The Noise Pollution Rules, 2000.))
• Sounding the horn needlessly or continuously in a manner which is more than necessary to ensure your or others’ safety
• Sounding the horn during night time (10 p.m. to 6 a.m.) in residential areas except during a public emergency.
• Sounding a multi-toned horn that gives an unduly harsh, shrill, loud or alarming noise.(( Section 119(2), Central Motor Vehicles Rules,1989.))

You can be fined(( Section 194F(a)(ii), The Motor Vehicles Act, 1988.)) if you do any of the above.

If you own a sound system or a sound-producing instrument, like music speakers, car speakers etc. then it cannot exceed by more than the noise limit which is 5 dB(A).(( Rule 3(5), Noise Pollution (Control and Regulation) Rules, 2000.)) So if your car’s sound system exceeds this noise limit then you may get in trouble with the police.

If the police has stopped loudspeakers because of noise pollution you can directly approach:

The Court

You can approach the nearest District Magistrate (Court) with the help of a lawyer to complain about the action taken by the police against you.(( Section 133, Code of Criminal Procedure, 1973.)) The Court has the power to temporarily allow the loudspeaker from being put to use, if it does not violate noise limits for an area.

State Pollution Control Board

The pollution board authorities may give an opportunity for the person who made the noise to be heard and then may modify or alter the order or action taken by the police.(( Rule 8, Noise Pollution (Control and Regulation) Rules, 2000.)) Read here to see the list of State offices you can approach.

There are multiple religions and numerous communities or sects, which play prayers through loudspeakers during religious festivals and during prayer times. Sometimes the beating of drums or reciting of prayers or use of microphones and loudspeakers may cause disturbance to old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities.

The Court(( Church of God (Full Gospel) in India Vs. K.K.R. Majestic Colony Welfare Association and Others – Court Judgment (2000) 7 SCC 282.)) has held that no religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums as it would interfere with the rights of those living nearby to live in peace. Even though the right to religion exists, the Court said that enjoyment of one’s rights must be consistent with the enjoyment of rights also by others. So if noise is created in the name of religion, it has to follow the noise pollution laws in India as well as the noise limits depending on the area.

Using such equipment or instruments will not be considered as noise pollution when it is conducted on days notified by the State Government. The Government will decide in advance which special days (maximum 15 days) would require such speakers or music systems. For example, the Government may allow it during festivals like Diwali, Onam, Pongal, etc.

Yes, factories are one of the prominent sources of noise pollution and if they are built-in industrial areas, they have to make sure that the permission noise limit does not exceed:

If any employee faces hearing loss(( Modifiable diseases, Section 89 and 90, Factories Act, 1847; Noise Pollution (V), In re, (2005) 5 SCC 733.)) after working in a factory, then any doctor who detects this must inform the chief inspector of factories with the details of the employee.

For a complaint or case of noise pollution, you will have to see if your case is legitimate. For example, the Court held in a case that playing the radio loudly(( Noise Pollution (V), In re, (2005) 5 SCC 733.)) is not a case of noise pollution, but only a trivial act.

The harm noise pollution causes has to be assessed based on whether the complaint is coming from a reasonable man with a legitimate complaint or from a person of ordinary temper(( Section 95, Indian Penal Code, 1860.)) and sense. Even though there are no guidelines on how this is assessed, the Court gets the final word in deciding this. For example, if you have filed frivolous cases, the judge may not take up the complaint. When you file your complaint, the authorities will look at whether the noise limits are exceeding and only if they are, will your complaint be heard.

If the police are unresponsive after you have filed a complaint about noise pollution, you can directly approach your State’s Pollution Control Board.

Every state also has an office known as the State Pollution Control Board (SPCB). Every SPCB has the function of planning a comprehensive programme for the prevention, control and abatement of water as well as noise pollution, conduct and encourage investigations and research relating to differ­ent aspects of water pollution, inspect treatment plants and trade effluents, etc.(( EPA.))

You can also approach the SPCB offices to file a complaint. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

• Any vocal or instrumental music
• Sounds caused by playing, beating, clashing, blowing
• Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound
• Sounds caused by bursting of sound’ emitting firecrackers
• Sounds caused from a business operation, or trade, like for example business of creating utensils etc.

The authorities may give an opportunity to the person who made the noise to be heard and then may modify or alter the order.

The noise limits are measured by a term known as *dB(A) Leq(( Schedule 1, Noise Pollution (Control and Regulation) Rules, 2000.)):

• *dB(A) Leq means the time-weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
• Scale A denotes when the frequency weighting in the measurement of noise corresponds to frequency response characteristics of the human ear.
• Decibel (dB) is a unit in which noise is measured.
• Leq is an energy mean of the noise level over a specific period.

There are noise limits that you will have to follow depending on the area you live in. Since measuring noise requires scientific instruments (such as a sound level meter), you may not always know if you are exceeding the noise limits for a particular area. In such cases, you should:

• Make sure that regardless of what you do or which equipment you use, it does not turn out to be noisy and a disturbance for others. For example, if you are playing music during a party, try to keep the volume down at night time while people are sleeping.

Don’t wait for your neighbors or people around you to file a complaint to the police. If they mention that you are making noise that is disturbing them, try to reduce the noise.

Please note that it does not matter whether you made the noise unintentionally or intentionally; all that matters is whether you have created too much noise.

Yes, generators also have noise limits and going above those limits would mean that the generators are causing noise pollution.

All generators that:

• Run-on diesel
• Set up to 1000 KVA( Kilo-volt-ampere, electrical power unit measurement)
• Manufactured or imported in India after January 1, 2005

require certification to run. Every manufacturer of a generator has to have a certification called a Type Approval and a Conformity of Production certificate which denotes that the generators are not causing excess noise. Read more here.

When you make a complaint about noise pollution with the following authorities, they may pass an order or take action depending on the level of noise.

If you approach the police

The police will take immediate action to stop the noise by suspending the noise-producing instrument and prohibiting the further use of that equipment or instrument. If it is your vehicle that is causing noise, it is a traffic violation and the police may even fine you.

If you approach the Central/State Pollution Control Boards

These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

• Any vocal or instrumental music
• Sounds caused by playing, beating, clashing, blowing
• Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound
• sound caused by bursting of sound’ emitting firecrackers
• Sounds caused from a business operation, or trade, like for example business of creating utensils, etc.

If you approach the Court

Filing a Complaint with District Magistrate

The Court may pass the following orders after hearing out the person who caused the noise pollution:

• Temporary order to stop the noise
• Order to remove the noise or regulate it
• Permanent order to prevent the noise pollutant and stop it

Filing a Complaint with NGT

Any person seeking relief and compensation for environmental damage or pollution involving subjects(( Schedule 1, The National Green Tribunal Act, 2010.)) like air pollution, environment pollution, water pollution, etc. can approach the National Green Tribunal (NGT).(( The National Green Tribunal Act, 2010.)) The NGT is a specialized judicial body where you can go to file environmental cases including noise pollution cases. The decisions of the tribunal are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision.

You can engage a lawyer if you want to approach the Court to file a case or file an appeal from a judgment of a lower court.

Nobody(( Noise Pollution (V), In re, (2005) 5 SCC 733.)) can claim a fundamental right to create noise by amplifying the sound of their speech with the help of loudspeakers. While one has a right to speech, others also have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that they have a right to make their voice be heard by others.

If anyone increases their volume of speech and that too with the assistance of artificial devices like amplifiers, loudspeakers, etc. and forces people to listen, then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life.(( Article 21 of the Constitution of India, 1950.)) Even though Article 19 of the Constitution of India, gives the right to freedom of speech and expression to everyone, it cannot defeat another fundamental right that we have under the Constitution, which is the right to live a peaceful life guaranteed by Article 21 of the Constitution.

Under the law, there are three main authorities:

• Central Mental Health Authority – It is the central authority under the law, which has functions like to register all mental health establishments under the Central Government and maintain a register of all mental health establishments in the country, develop quality/service norms for mental health establishments under the Central Government, supervise all mental health establishments under the Central Government, receive complaints about deficiencies in provision of services, etc.¹.
• State Mental Health Authority – It is the authority on the state level under the law, which has functions like to generally register all mental health establishments in the State, to develop quality/service norms for mental health establishments in the State, supervise all mental health establishments in the State , receive complaints about deficiencies in provision of services, etc(( Section 55, the Mental Healthcare Act, 2017.)).
• Mental Health Review Board – It is the authority on the district level under the law, which has functions like to register, review, alter, modify or cancel an advance directive, to appoint a nominated representative, to adjudicate complaints regarding deficiencies in care, etc(( Section 82(1), the Mental Healthcare Act, 2017.)).

As of now, the authorities, particularly the Central Mental Health Authority and the Mental Health Review Boards, are largely not functioning. However, some states, such as Delhi, Kerala, etc. have constituted the State Mental Health Authority. You should seek information about the functioning of these authorities from your respective state.

1. Section 43, the Mental Healthcare Act, 2017. [↩]

The National Mental Health Policy of India was released in 2014 by the Ministry of Health and Family Welfare. The policy has recognized certain principles such as integrated care, equality, evidence based care and participatory and rights based approach to mental health.

Some of its goal are to provide universal access to mental healthcare in the country, decrease premature deaths due to mental illness, to increase access to mental healthcare for vulnerable groups such as homeless persons, to reduce suicide, etc. It recognizes the need for adequate funding, support for families and access to institutional care, among other things. Please see here for more details.

The Government of India launched the National Mental Health Program (NMHP) in 1982, and the District Mental Health Program was added to the NMHP in 1996. In 2003, it was re-strategized to include two schemes i.e. Modernization of State Mental Hospitals and Upgradation of Psychiatric Wings of Medical Colleges/General Hospitals.

The basic objectives of the NMHP are:

• To ensure the availability and accessibility of minimum mental healthcare for all in the foreseeable future.
• To encourage the application of mental health knowledge in general healthcare and in social development.
• To promote community participation in the mental health service development.
• To enhance human resources in mental health specialties.

The NMHP has aimed to open centres for persons with mental illness, carry out awareness programs and interventions ,etc. Please see here for more details.

A caregiver refers to a person who resides with a person with mental illness and is responsible for providing care to that person. This includes a relative or any other person who takes care of the person, either for free or with remuneration(( Section 2(e) the Mental Healthcare Act, 2017.)).

If you want to take a leave from the mental health establishment where you are admitted, you should approach the mental health professional in charge of the establishment. He can grant a leave to you to be absent from the establishment under certain conditions (if any) for such time duration as determined by the professional(( Section 91, the Mental Healthcare Act, 2017.)).

If a prisoner who is in a mental health establishment absents himself without leave/discharge, he will be taken into protection by a police officer at the request of the professional in-charge and will be sent back to the establishment immediately(( Section 92, the Mental Healthcare Act, 2017.)).

If you believe that a person with mental illness is being mistreated or neglected by the person who has the responsibility for his care, you should report this to the police officer in-charge of the police station within whose jurisdiction the person with mental illness resides(( Section 101(2) the Mental Healthcare Act, 2017.)).

Once the police have received the report, they will conduct the necessary investigation.

The officer in-charge of a police station has the following duties:

Protecting Persons with Mental Illness

He must take under protection any person wandering within the limits of the police station and who is believed to have a mental illness who(( Section 100(1), the Mental Healthcare Act, 2017.)):

• Is not able to take care of himself
• Poses a risk to himself/others due to his mental illness

Once a person with mental illness has been taken into protection, the police must:

• Inform the person/his nominated representation the reasons for taking him into protection(( Section 100(2), the Mental Healthcare Act, 2017.)).
• Take the person to the nearest public health establishment within 24 hours for assessment of his healthcare needs(( Section 100(3), the Mental Healthcare Act, 2017.)). It will be the responsibility of the medical officer in-charge of the public health establishment to arrange the person’s assessment(( Section 100(5), the Mental Healthcare Act, 2017.)).
• After the assessment, if the person does not need to be admitted to an establishment, the police officer must take the person to his house or to a Government establishment for homeless persons (if the person is homeless)(( Section 100(6), the Mental Healthcare Act, 2017.)).

Reporting Mistreatment of Persons with Mental Illness

If the officer believes that a person who resides within the limits of the police station has a mental illness and is being mistreated or neglected, he must report that to the Magistrate(( Section 100(1), the Mental Healthcare Act, 2017.)).

Locking Persons with Mental Illness

The police cannot, in any situation, lock the person with mental illness in a jail or detain him(( Section 100(4), the Mental Healthcare Act, 2017.)).

Under the law, a person with mental illness can be admitted to a mental health establishment by his nominated representative for treatment. However, there is very specific criteria for such an admission, which is known as supported admission.

The government only has the power to get a person assessed for mental healthcare needs. Except this, the government has no power regarding a person’s treatment for mental health. For example, the Magistrate may order that a person is admitted to a mental health establishment for a maximum duration of 10 days for assessment of his healthcare needs(( Section 102(1), the Mental Healthcare Act, 2017.)), and the police have certain powers with respect to persons with mental illness who are found wandering within the jurisdiction of the police station.

If you require help with your mental health, you can go to a mental health professional. A mental health professional refers to the following(( Section 2(r), the Mental Healthcare Act, 2017)):

• A psychiatric social worker, which requires a postgraduate degree in Social Work and a Master of Philosophy in Psychiatric Social Work of two years, including supervised clinical training from any University recognised by the University Grants Commission, or other qualifications, as prescribed(( Section 2(x), the Mental Healthcare Act, 2017.))
• A professional registered with the concerned State Mental Health Authority
• A professional having a postgraduate degree (Ayurveda) in Mano Vigyan Avum Manas Roga or a postgraduate degree (Homoeopathy) in Psychiatry or a postgraduate degree (Unani) in Moalijat (Nafasiyatt) or a postgraduate degree (Siddha) in Sirappu Maruthuvam.

It is mandatory for every mental health establishment to be registered under the law. Depending on whether the establishment is under the central government or state governments, the establishment must be registered with the Central Mental Health Authority or State Mental Health Authority.

If someone carries on a mental health establishment without registration, he may be punished with a fine between Rs. 5,000 to Rs. 50,000 for the first offence, and for the second offence, with a fine between Rs. 50,000 to Rs. 2 lakhs, and for every subsequent offence, with a fine between Rs. 2 lakhs to Rs. 5 lakhs(( Section 107(1), the Mental Healthcare Act, 2017.)).

Further, if someone knowingly works at an unregistered establishment as a mental health professional, he may be punished with a fine of Rs. 25,000(( Section 107(2), the Mental Healthcare Act, 2017.)).

Research can be conducted on persons with mental illness in the form of psychological, physical, chemical or medicinal intervention. However, this can be done only when the person’s free and informed consent has been obtained(( Section 99(1), the Mental Healthcare Act, 2017.)). Research can be conducted based on a person’s case study notes even without his consent, as long as his identity is not revealed(( Section 99(4), the Mental Healthcare Act, 2017.)).

In case the person is unable to give consent but does not resist participation, the professional conducting the research can take permission from the State Mental Health Authority(( Section 99(2), the Mental Healthcare Act, 2017.)). The Authority can give permission only after getting the consent from the person’s nominated representative and after ensuring the following(( Section 99(3), the Mental Healthcare Act, 2017.)):

• The research cannot be conducted on any other person, such as a person capable of giving consent. For example, Ram is suffering from a very rare form of a mental illness, and the proposed research must be conducted on a person suffering from that mental illness only.
• The research is necessary to promote the mental health of the population represented by that person.
• The knowledge that will be gained from the research is relevant to the health needs of the person
• There is no conflict of interest in any kind.
• The research is in line with national and international guidelines and regulations, and ethical approval has been obtained from the relevant institutions.

Please note that any consent given by the person with mental illness or his nominated representative can be withdrawn at any time(( Section 99(5), the Mental Healthcare Act, 2017.))

Yes. Every insurer must provide for medical insurance for mental illness on the same basis as for physical illness(( Section 21(4), the Mental Healthcare Act, 2017.)).

A person with mental illness cannot be subjected to seclusion (solitary confinement), under the law(( Section 97(1), the Mental Healthcare Act, 2017)).

Further, a person cannot be physically restrained unless:

• Physical restraint is the only way for preventing immediate harm to the person or others
• Physical restraint is authorised by the psychiatrist who is in charge of the person’s treatment

However, physical restraint cannot be used unless the medical professional wants to prevent any significant harm(( Section 97(2), the Mental Healthcare Act, 2017)), and cannot be used as a punishment or due to shortage of staff(( Section 97(4), the Mental Healthcare Act, 2017)).

The details of the restraint, including the method, nature, duration and justification for its use, must be recorded in the person’s medical notes by the professional duty(( Section 97(3), the Mental Healthcare Act, 2017)). Further, the nominated representative of the person needs to be informed within 24 hours(( Section 97(5), the Mental Healthcare Act, 2017)).

The following forms of treatment cannot be performed on persons with mental illness(( Section 95(1), the Mental Healthcare Act, 2017)):

• Psychosurgery (i.e. surgery of a person’s neurological system, such as the rain), unless the person’s informed consent and approval from the Mental Health Review Board has been obtained(( Section 96(1), the Mental Healthcare Act, 2017)).
• Electroconvulsive therapy (passing small electrical currents through a person’s brain) without the use of muscle relaxants and anaesthesia
• Electroconvulsive therapy for minors. However, it may be used if(( Section 95(2), the Mental Healthcare Act, 2017)) the psychiatrist in-charge of the minor believes it is necessary with informed consent of the guardian and permission from the Mental Health Review Board.
• Sterilisation (surgery to make one biologically incapable of reproduction), if it used for treatment for mental illness
• Chaining in any manner. For example, to restrain a person physically by chaining them up.

Having a mental illness is not in and of itself grounds for having an unsound mind(( Section 3(5), the Mental Healthcare Act, 2017.)). Having an unsound mind has been determined by Courts to mean that one has such a mental condition that one cannot be expected to be aware of the consequences of their actions. Some examples of such unsoundness of mind include dementia, loss of memory, hallucinations, etc.¹. Under the law, medical insanity does not matter, but only legal insanity(( Hari Singh Gond v. State Of M.P)).

If one is considered to have an unsound mind, they cannot be held liable for an offence(( Section 84, the Indian Penal Code, 1860.)). Further the onus of proving that one committed a crime due to unsoundness of mind will be on the accused(( State Of Rajasthan v. Shera Ram)).

1. State Of Rajasthan v. Shera Ram [↩]

The Government has arranged for free Covid-19 testing at approved laboratories across India. Although the test is not free in private labs and hospitals, the Supreme Court has said that free testing should be done for the poor who are eligible under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana. Beneficiaries of this scheme can access free testing in private labs and Covid-19 treatment at government empanelled hospitals.

To get tested free of cost, a person can go to any government hospital. They can get updated information by calling the helpline numbers before getting a test done. Please see here for the list of government and private clinics for testing of Covid-19, as released by the Indian Council of Medical Research.

If you belong to the 18-44 age group category, you might have the option of on-site registration and appointment at Government Covid Vaccination Centers, depending on the decision of your State government. The central government opened the option of on-site registrations because limiting registration to online platforms may result in vaccine wastage and exclusion of those who do not have access to internet and mobile phones. However, this option can be implemented only after approval from the respective State government.

The Indian Council of Medical Research (ICMR) has removed the use of plasma therapy from the recommended treatment guidelines for Covid-19. Currently, it is advised not to donate plasma for Covid treatment, as it would be of no benefit.

Yes, you can get an abortion even during the Covid-19 pandemic. The government has declared abortion as an essential service. So, you can get an abortion from registered clinics or hospitals, despite it being a non-Covid health issue.

It depends on why you are going out. The police cannot arrest or fine you for going out during lockdown for a valid reason. For example, you can go out to buy essentials, in emergency situations, for vaccination, and to travel to the airport or stations, etc. When you go out, you must follow protocol like wearing a mask, social distancing, etc.

You are not allowed to go out for non-essential activities or violate Covid-19 regulations like visiting a movie theatre, taking drives around your house etc. Under Section 269 of the Indian Penal Code, the police can arrest you if you intentionally do any unlawful or negligent act which is likely to spread the Covid-19 infection. The punishment for this is jail time of up to six months and/or a fine.

Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

No, hospitals cannot legally detain a dead person’s body even if the deceased person’s family is unable to pay the medical bills.

According to the Patient Rights Charter approved by the Ministry of Health and Family Welfare, hospitals must release the body of a deceased patient despite non-payment of bills. In 2018, a draft Delhi Government advisory, issued by the Directorate-General of Health Services also stated that the bodies of deceased patients could not, under any circumstances, be detained because of the non-payment of bills. The Delhi High Court, in an order in 2017 (Devesh Singh Chauhan v. State and Others), has confirmed this position. However, the remedies for such a violation are not so clear-cut. Some of them include:

1. Filing a complaint with the police under section 302 of the Indian Penal Code for wrongful confinement (The Patient Rights Charter also refers to this as the basis for the right to receive the body of a deceased patient).
2. Sending a legal notice to the hospital.
3. Registering a grievance with the Medical Superintendent of Nursing Homes (The number for the grievance cell for the Directorate-General of Health Services which houses the Medical Superintendent is 22393515.
4. Writing a letter to the National Human Rights Commission.

When a patient is discharged from a doctor’s care of a doctor, the hospital must provide them with a discharge summary containing the following information

• Name and registration number of treating doctor
• Name, demographic details & contact number of patient, if available
• Date of admission and discharge
• Relevant clinical history, assessment findings and diagnosis
• Investigation results
• Details of medical treatment
• invasive procedures, surgery and other care provided
• Discharge advice (medications and other instructions)
• Instructions about when and how to obtain urgent care

The National Commission for the Protection of Child Rights (NCPCR) has developed an online tracking portal called “Bal Swaraj (COVID-Care link)” for children in need of care and protection. The portal can be used to track children who have lost both parents or one parent during Covid-19. Further, any authorised officer/department can upload such children’s data to the portal using the “COVID-Care” link.

Through the data entered in the portal by District officers and State officers for each child, the Commission can determine whether:

• The child is receiving their entitlements, benefits, and monetary gains;
• The child has been produced before the Child Welfare Committee;
• Any protective orders have been issued for the child;
• The State requires financial assistance to obtain additional funds for benefiting children through the currently implemented programmes.

The Supreme Court in “In Re. Contagion of Covid-19 Virus in Children Homes” directed all District officers to submit data on orphaned children on the Bal Swaraj portal under the COVID-Care link.

Yes. You can be charged under Section 177 of the Indian Penal Code, 1860 for furnishing false information and punished with imprisonment for up to two years and/or a fine.

During lockdown, no one is allowed on the roads unless they have valid reasons like a medical emergency. Since you are Covid-positive and this is a medical issue, your family members can apply for permission to visit you.

Most States have an online portal through which a person can apply for an ePass for getting permission to travel. For States which do not have this system, your family members must first approach the local police and request permission to travel and visit you. If the police approve the request considering your situation, your family members can visit you. While travelling, they must carry the police-approved pass/valid papers showing that they have permission to visit you during lockdown.

Government officials cannot force you to take the Covid-19 vaccine or file an FIR against you for refusing to do so. If someone forces you to take the vaccine, it is a violation of your right to privacy and bodily integrity, and you can file a writ petition against this in the High Court/Supreme Court. Currently, it is not a crime to refuse vaccination. However, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 give the government large powers to take whatever action necessary for preventing the spread of a disease. So, the government can use these powers to make vaccination compulsory in the future.

Please note that while no one can force you to take the vaccine, you still need to follow the Covid-19 norms like the lockdown/curfew rules. If you intentionally do any unlawful or negligent act which is likely to spread the infection of any life-threatening disease, the punishment is jail time of up to six months and/or a fine. Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

Yes, you can correct details on the vaccination certificate online now. The CoWin website has introduced a new feature to change a mistake in your name on the CoWin vaccination certificate. You can go to your Account on Cowin.gov.in and select ‘Raise an Issue’ and then select ‘Correction in the Certificate’. You can change your name, date of birth and gender. This option is only available to make a change once .

If you have more doubts, you have the option of talking to the: COVID Helpline (011-23978046) and Technical Team of the Covid Helpline: 01204473222.

Yes, unless the person receiving the donation from crowdfunding is a charitable organisation, the funds are subject to income tax.

The funds raised through these platforms can be withdrawn by the individual/ organisation post the deduction of the platform fees and the GST on such fees. This net amount received after these deductions may be applicable for local government taxes is subject to income tax. Therefore, crowdfunded proceeds are taxable income in the year you receive them(( Section 56, Income Tax Act, 1961.)).

Crowdfunding is the means of raising money from individuals for a social cause, cooperative initiative or a project and has become a popular practice for raising funds to help with the COVID situation in India. Online platforms like Millap, Wishberry and Ketto primarily follow donation-based crowdfunding where individuals donate money to support the cause. These platforms are facilitators that aid individuals and organisations raise funds. Crowdfunding is regulated by the Securities and Exchange Board of India(SEBI) and the tax treatment of donations made to such individuals/ organisations through online platforms is covered under the Income-Tax Act, 1961.

From the perspective of the person making the donation, the Income-tax Act, 1961 provides that any person donating to charitable institutions or charitable funds is eligible to claim 100% deduction of the sum paid to such institutions or funds provided the institution/ fund has a valid 80G certificate.

These platforms specify that not all donations are eligible for tax deductions. They also provide requisite information on the fundraiser page as well as in the confirmation email that you receive from them that will help you determine if your donation is eligible for tax deduction or not. If your donation is eligible for tax deduction, you will receive the 80G from the charitable institution/ fund. However, if it is not eligible for tax deduction, then you will only receive an acknowledgement for your donation.

If you find out that child sexual abuse is taking place, you must report it to the police, who in turn must record your complaint in writing. If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse happening to a child during the pandemic please use any of the mentioned ways to contact an authority to help the child out.

Online:

The government has an online complaint system where you can file your complaint. Your complaint will be filed to the National Commission for Protection of Child Rights.

Phone:

You can contact the following numbers:

National Commission for Protection of Child Rights- 9868235077

Childline India (Childline is a helpline for offences committed against children)- 1098

Email:

You can send an email to National Commission for Protection of Child Rights: pocsoebox-ncpcr@gov.in

Police:

Call 100 to contact the police about any information you have about any incident of child sexual abuse. After you complain, the child will be taken care of by the local police/Special Juvenile Police who will inform the Child Welfare Committee of your district who will further appoint a Support Person to assist the child and the family of the child in the legal process that will follow after the complaint.

Mobile App:

You can download the mobile app called the POCSO e-box (Android users only) and report the abuse directly through it.

Post/Letter/Messenger:

You can write to the National Commission for Protection of Child Rights with your complaint or send a messenger to this address: National Commission For Protection Of Child Rights (Ncpcr), 5th Floor,Chandralok Building 36, Janpath, New Delhi-110001 India.

While it is understood that it is the police force’s job to ensure compliance of the lockdown rules and maintain effective social distancing, this compliance cannot be rooted in the use of excessive and disproportionate violent force as use of excessive force by the police results in violation of human rights and dignity(( Anita Thakur and Ors. vs. Govt. of J & K & Ors, Writ Petition (Criminal) No. 118 of 2007.)) and is blatant harassment.

Similarly, handing out humiliating punishments onto lockdown violators such as crawling on the road constitutes harassment. The Supreme Court has also held practices such as lathi charge unacceptable(( Ramlila Maidan Incident v. Home Secretary, Union of India, (2012) 5 SCC.)) and those who resort to them, should be made liable .

If you face any harassment by the police during the pandemic you have two options:

File a complaint with your State’s police complaint authority which is the nodal authority that looks into complaints of misconduct by police officers

File a case in the High Court of your state with the help of a lawyer to stop police harassment. Make sure you have the receipts of the complaints filed to the police complaint authority to add into your petition to the Court.

If you see a fake vaccination drive being done or suspect a vaccination centre to be fake you should immediately file a complaint with the local police and provide relevant information to them. An FIR can be filed with the police for cheating (Sec. 415 Indian Penal Code, 1860), impersonation (Sec. 416 IPC), forgery (Sec. 464 IPC) and making false claims (Section 52, Disaster Management Act, 2005.)

Recently, the Bombay High Court had asked the Maharashtra government and police to take action against those involved in Covid-19 vaccine fraud, under the Disaster Management Act, 2005 and Epidemic Diseases Act, 1897. The Court also asked the government to give information on the procedure that housing societies should follow to ensure that fake vaccination drives are not undertaken.

If a person has witnessed cruelty to animals, they can follow these steps in order to save the life of the animal as well as prevent the abuser from harming other animals(( PETA India, accessed at: https://www.petaindia.com/blog/9-things-to-do-if-you-witness-cruelty-to-animals/.)):

Veterinary care: An abused animal may suffer with serious injuries and thus, lack of immediate medical care may be fatal. So, the animal must get immediate veterinary care

Knowledge of the Law: Websites such as Animal Welfare Board of India (http://www.awbi.in/) and the Ministry of Environment, Forest and Climate Change (http://www.moef.nic.in/) explain the law related to animal protection and thus, a person concerned about animals should be familiar with the laws including the Prevention of Cruelty to Animals Act, 1960.

Document the crime: When a person witnesses a wrongdoing, they should take a photo or video of it to document the details of the crime. Important details such as licence plate number or visual of the abuser should be visible. Statements from other witnesses can also be collected along with statements from the veterinarian relating to the animal’s physical and health conditions or the cause of death.

File an FIR: The crime must be reported to the police immediately. The police can investigate only after the filing of the FIR. A private complaint can also be filed in court.

Inform other appropriate authorities: In addition to the police or the court, other authorities can also be contacted such as Animal Welfare Board or local Animal Welfare district officials.

Notify animal protection groups: The local animal protection groups and organisations, animal welfare officers, veterinarians can be contacted for extra help.

Conduct follow up: Follow up with the local authorities, garner media coverage and get legal help.

For immediate assistance, if you see any animals being harmed, you can complain to the police by calling 100 or call PETA(People for the Ethical Treatment of Animals) India emergency number (0) 98201 22602. Another option is to reach out to the Animal Welfare Board of India website (http://www.awbi.in/hawo.html) and contact the animal welfare officer in your district.

Yes. If you are Covid-19 positive (regardless of whether or not you are symptomatic), you will get in trouble if you step outside. You will be doing a negligent act which may result in the spread of the infection to others. For this, you may get imprisoned for a term which may extend from six months(( Section 269, Indian Penal Code.)) to two years(( Section 270, Indian Penal Code.)) or a fine, or both. You can also be booked by the police for disobeying the directions to quarantine and may be punished for six months, with a fine of Rs. 1000 or both.

However, you will not be in trouble if you go out to get medical treatment if your condition gets serious. For this ensure that you are carrying an e-pass with you.

If the police find you without a mask in public, you will be fined. The amount of the fine is different for all states. You may also be penalised under the Indian Penal Code for the negligent act of risking public health with a punishment of jail time upto six months, with fine or both(( Section 269, Indian Penal Code.)).

You are also supposed to wear a mask when you are travelling in a car. In the case of Saurabh Sharma v. Sub-Divisional Magistrate and Ors.(( 2021 SCC OnLine Del 1530.)), Delhi High Court in 2021 held that wearing a mask is compulsory even if you are travelling alone in a car. So if you are found not wearing a mask in the car, you may be fined by the police in your State.

During lockdown, no one is allowed on the roads unless they have valid reasons like a medical emergency. Since you are Covid-positive and this is a medical issue, your family members can apply for permission to visit you.

Most States have an online portal through which a person can apply for an ePass for getting permission to travel. For States which do not have this system, your family members must first approach the local police and request permission to travel and visit you. If the police approve the request considering your situation, your family members can visit you. While travelling, they must carry the police-approved pass/valid papers showing that they have permission to visit you during lockdown.

To apply for a ration card in Delhi, you can follow the steps given below:

Procedure for Applying In-Person (Offline)

Step 1: You should fill out the application form, which you can obtain directly by going to any Circle Office in your district (https://nfs.delhi.gov.in/Citizen/KnowYourCircle.aspx), or download it from the state government’s website – https://nfs.delhi.gov.in/Citizen/ActandRulesandManyMore.aspx?flag=D.

Step 2: You should submit the relevant documents. Though the documents required vary across states, however you will commonly be required to submit the following:

Proof of identification

Passport-sized photographs of the female head of your family attested by a gazetted officer/MLA/MP/Municipal Councillor

The specified proof of residence (If you cannot provide proof of residence, the office will conduct record the statements of two witnesses in your neighbourhood)

Income certificate, if applicable

The Surrender/Deletion Certificate of the previous Ration Card, if any

Step 3: You should get your documents verified by the officers at the Circle Office.

Step 4: You should collect your acknowledgement receipt from the authorities.

Step 5: You can then collect your Ration Card from the Circle Office/get it delivered. For example, in Delhi, the Ration Card is also uploaded online. The time limit also varies across states. For example, in Delhi, it can take up to 2 months.

Online:

You can also apply for a Ration Card online in Delhi, using this link https://nfs.delhi.gov.in/Citizen/ActandRulesandManyMore.aspx?flag=D. After filling in the relevant details, such as Ration Card number, Aadhar number, etc., you will be able to download your Card online . To download your Ration Card – https://nfs.delhi.gov.in/Citizen/E_RationCard.aspx

The Delhi government is also distributing free rations across multiple centres in the city. You can find out the location of the centres here: http://fs.delhigovt.nic.in/wps/wcm/connect/doit_food/Food/Home/COVID19/COVID+19+NON+PDS+ORDERS+CIRCULARS+AND+NOTIFICATIONS/

No, stores do not need a drug license to sell hand sanitizers. Initially, the sale of hand sanitizers was restricted exclusively to dealers having drug license, thus, mostly chemists and medical shops(( Section 18(c), Drugs and Cosmetics Act, 1940.)). However, the Ministry of Health and Family Welfare issued a notification that requested the Centre to include ‘hand sanitiser’ in Schedule K of the Drugs and Cosmetic Rules, 1945 (exempted drugs). The Central Government classified this as a ‘necessity’, removing the need to get a license to sell hand sanitizers. Currently, hand sanitizers and antiseptic lotions fall under the category of disinfectants(( Reckitt Benckiser v. State of Kerala, 2010; Vijayakumar and Others v. Drug Inspector, 2005. )) and thus, exempted from the provisions of Sec. 18 of Drugs and Cosmetics Act.

Government officials cannot force you to take the Covid-19 vaccine or file an FIR against you for refusing to do so. If someone forces you to take the vaccine, it is a violation of your right to privacy and bodily integrity, and you can file a writ petition against this in the High Court/Supreme Court.

Currently, it is not a crime to refuse vaccination. However, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 give the government large powers to take whatever action necessary for preventing the spread of a disease. So, the government can use these powers to make vaccination compulsory in the future.

Please note that while no one can force you to take the vaccine, you still need to follow the Covid-19 norms like the lockdown/curfew rules. If you intentionally do any unlawful or negligent act which is likely to spread the infection of any life-threatening disease, the punishment is jail time of up to six months and/or a fine.

Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

The Ministry of AYUSH (The Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha, Sowa-Rigpa and Homoeopathy) had issued a circular in March 2020(( https://www.ayush.gov.in/docs/CCRH-%20Revised%20Guidelines%20for%20Homoeopathy%20Practitioners%20for%20Prophylaxis%20and%20Symptomatic%20Management%20of%20COVID-19%20Patients%20in%20Home%20Isolation.pdf)), authorising the use of certain medicines for symptom management and preventive measures for Covid-19 like illnesses. Thus, a qualified homoeopathic physician can dispense preventive and prophylactic homoeopathic medicines for Covid-19. It was also held that they are permitted to prescribe add-on medicines authorized by the guidelines and with the approval of the concerned authorities and the consent of the patient or guardian of the patient.

The Kerala High Court(( Read more at: https://www.livelaw.in/news-updates/kerala-high-court-covid-19-patients-preventive-medicines-175441.)) ruled that qualified homeopathic doctors can prescribe preventative and add-on medicines to conventional care for Covid-19 patients as there is no prohibition imposed by the Government of India on Homoeopathy for treatment of patients.

The following guidelines have been issued by the MoHFW (Ministry of Health and Family Welfare)(( https://dghs.gov.in/WriteReadData/Orders/202106090336333932408DteGHSComprehensiveGuidelinesforManagementofCOVID-19inCHILDREN_9June2021.pdf)):

Children aged 5 years and under are not be required to wear masks

Children aged 6-11 years may wear a mask depending on the ability of child to use a mask safely and appropriately under direct supervision of parents/guardians.

Children aged 12 years and over should wear a mask under the same conditions as adults.

If someone is sharing fake news, you can file a complaint against them with the police. There are several punishments they may face depending on the nature of the crime. For example, making up and sharing fake news on Covid-19 through Whatsapp can result in a person being punished under the law. A person can be punished for:

I.) Crime

Publishing or circulating any statement, rumour or report which is likely to cause fear or alarm to the public

Law

Section 505(1) of the Indian Penal Code, 1860

Punishment

The punishment is jail time of up to 3 years and/or a fine.

II.) Crime

False alarm or warning regarding a disaster or its severity, leading to panic

Law

Section 54 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 1 year or a fine.

III.) Crime

Making a false claim for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to a disaster

Law

Section 52 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 2 years and a fine.

IV.) Crime

Forwarding fake news

Law

Section 54 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 1 year or a fine.

There are many sources of false information on Covid-19. For reliable information, you can use the following the sources:

• World Health Organization
• Ministry of Health and Family Welfare
• Information available on a State government website is also an authentic source of information. For example, Delhi’s Department of Health website.

Though there aren’t any official guidelines regarding child custody during the pandemic, the Supreme Court has held that parents having visitation rights can contact their children through electronic means during the Covid-19 lockdown, instead of visiting them physically.(( https://www.ndtv.com/india-news/coronavirus-supreme-court-says-parents-with-visitation-rights-can-contact-children-via-video-2221359))

A will is a legal document through which a person decides how their property and other assets will be distributed and allocated after their death. It can be made by the person themselves (called the testator) or by a lawyer acting on the instructions of the testator.

A will can be made by a person of sound mind, over the age of 18, at any point in their lifetime. For a will to be valid:

The testator should sign or affix their mark on the will, for example thumb impression.

The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.

The witnesses should not be beneficiaries under the will, that is, someone who is being given property or other assets under that will.

• The document should specify that:
• it is the last will executed by the testator
• it is made and consented to by the testator with free will
• It is made in a sound state of mind
• It will come into force after the death of the testator
• it is revocable at any time according to the testator’s wishes.

The will should list down the properties and assets, both tangible and intangible, owned by the testator, in the form of a schedule annexed to it. The will should include the details of the family members or other persons among whom the property is being distributed. The will should state the name of the executor (the person/institution who is the legal representative responsible for carrying out the distribution of assets of the testator), with the details of their age and address, along with the executor’s relationship to the testator. The properties are to be bequeathed to each person according to the will of the testator correlating clearly with the item numbers mentioned against the property in the schedule annexed. Finally, the signature of the testator along with the date and place of the execution of the will should be specified.

The Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19 is an insurance scheme which provides coverage to public and private healthcare workers in case of loss of life or accidental death due to Covid-19 related work. The Scheme provides insurance cover of Rs. 50,00,000 to health care providers, including private hospital staff who are requisitioned/drafted for COVID-19 related responsibilities. With effect from 24 April 2021, the Government has extended the Scheme for a further 180 days.

To avail the Scheme, the claimant must submit the following documents:

1. Claim form duly filled and signed by the nominee/claimant
2. Identity proof of Deceased (Certified copy)
3. Identity proof of the Claimant (Certified copy)
4. Proof of relationship between the Deceased and the Claimant (Certified copy)
5. Laboratory Report certifying having tested Positive for COVID-19 (in Original or Certified copy)
6. Death summary by the Hospital where death occurred (in case death occurred in hospital) (Certified copy)
7. Death Certificate (in Original)
8. Certificate by the Healthcare Institution or organization that the deceased was an employee of and was deployed/drafted for care and may have come in direct contact of the COVID-19 patient.

The claimant must fill up the form, and submit the form along with the above mentioned documents to the Healthcare Institution. The respective institution will give necessary certification and forward it to the competent authority authorized by the State Government for this purpose.

If there is a claim, the claimant must inform the institution/department the insured person was working for as well as the insurance company (Email id nia.312000@newindia.co.in). Please see this FAQ document on the Insurance Scheme here for more information.

A person can report cyber crime and online abuse to the following authorities:

Police

The person can go to the police station to complain about the cyber crime or the online abuse they have faced, and file a FIR. While filing the complaint, they have to provide information relating to the incident and the abuse that they have faced.

Cyber Cell

Every State has a cyber cell and some police stations also have a unit assigned to work on cyber crimes. These cyber cells and units investigate cases of online abuse such as online stalking, hacking etc. In many states, a person can also file a complaint online through the website of the cyber cell. For example, for Delhi, the complaint can be lodged here: http://www.cybercelldelhi.in/Report.html.

Online Complaint Portals

Online Crime Reporting Portal: A person can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal at https://digitalpolice.gov.in. where they may be redirected to their respective state government’s website to register a complaint. They can register a complaint in the section “Services for Citizens” and click on “Report a Cyber Crime”, where they can provide information about the offender and the incident along with any other supporting evidence such as screenshots. A person can report anonymously, and can track their application as well.

Cyber Crime Reporting Portal: A person can also directly file a complaint on the Cyber Crime Reporting Portal, and can complain against various cybercrimes by selecting ‘Report Cyber Crime Related to Women and Child’ or ‘Report Other Cyber Crime’. Here also, complaints can be made anonymously, and the person can track their complaint.(( Nyaaya.org, accessed at: https://nyaaya.org/violence-and-abuse/reporting-online-abuse/#:~:text=You%20can%20also%20directly%20file,’Report%20Other%20Cyber%20Crime‘.))

The government has issued guidelines making it mandatory for all employers who resume functioning post the COVID-19 lockdown to provide medical insurance to their employees. In addition, the Insurance Regulatory and Development Authority of India (IRDAI) has asked all general and standalone health insurers to offer comprehensive health insurance policies either to individuals or groups in order to enable workplaces/employers to comply with the government directives. The IRDAI also specified that this health insurance cover is not restricted only to the lockdown period and employers can take an insurance cover for a longer period such as a full year, like an annual policy renewed every year by the employer(( https://economictimes.indiatimes.com/wealth/insure/health-insurance/post-lockdown-employers-must-mandatorily-provide-medical-insurance-to-employees/articleshow/75263595.cms?from=mdr; https://www.irdai.gov.in/admincms/cms/whatsNew_Layout.aspx?page=PageNo4100&flag=1)).

In addition to this, medical insurance is also available to employees under the Employees’ State Insurance (ESI Act), 1948 to those organised sector employees whose monthly wage is Rs 21,000 or less. A person insured under the ESI Act is entitled to various benefits such as sickness benefit, maternity benefit (where applicable), disability benefit, medical benefit etc. The medical benefits include an insurance cover for out-patient treatment and attending physician in a hospital, dispensary, clinic, or in-patient treatment in a hospital or a doctor’s visit to the home of the insured. Both the employer and employee contribute to the Employee State Insurance Corporation (ESIC).

The Code on Social Security, 2020, provides social security benefits to all unorganised workers including domestic workers. The law lays down the institution of many social security schemes, for example, life and disability cover, health and maternity benefits, and old age protection.

Central government schemes like Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Pradhan Mantri Suraksha Bima Yojana (PMSBY), Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) provide social security cover to all the unorganised workers including domestic workers with respect to life/ disability cover and insurance and pension, while Ayushman Bharat (PMJAY) provides secondary and tertiary health benefits to all unorganized workers including eligible domestic workers.

Currently, the Ministry of Labour & Employment is in the process of developing a comprehensive National Database of Unorganized Workers (NDUW) to collect relevant information of unorganized workers including domestic workers, in order to help in delivery of various social security and welfare schemes being implemented for them.(( Press Release, Ministry of Labour and Employment, accessed at: https://pib.gov.in/PressReleasePage.aspx?PRID=1707226.))

In most of the country, the state is not doing door-to-door vaccination currently. Recently, the Central government informed the Supreme Court that door-to-door vaccination is not possible.(( https://timesofindia.indiatimes.com/india/centre-not-in-favour-of-door-to-door-vaccine/articleshow/82869985.cms)) However, the Bombay High Court, in the case of Dhruti Kapadia v. Union of India(( Dhruti Kapadia v. Union of India, 2021 S.C.C. OnLine Bom. 659.)), asked the Central government to rethink its vaccination strategy. The Bombay HC said that it will allow door-to-door vaccination at least for citizens above 75 years of age, those who are bed-ridden, and the differently abled(( https://www.scconline.com/blog/post/2021/04/23/door-to-door-vaccination/)). The Central Government however, gave reasons as to why door-to-door vaccination cannot happen, including the risk of getting Covid-19 infection among vaccinators and mobilizers, and exposure of healthcare personnel and frontline health workers, and security issues.(( https://www.livelaw.in/top-stories/near-to-door-more-appropriate-door-to-door-vaccination-centre-tells-bombay-high-court-175404)) Currently, this case is still being heard by the Bombay HC.(( https://www.livelaw.in/top-stories/near-to-door-more-appropriate-door-to-door-vaccination-centre-tells-bombay-high-court-175404))

Cities in some states have started issuing guidelines permitting door to door vaccinations. For instance:

The Greater Chennai Corporation has been working for door-step vaccination for persons with disabilities in the age group of 18 to 44 years.(( https://www.thehindu.com/news/cities/chennai/groups-working-for-differently-abled-take-stock-of-people-for-door-step-vaccination/article34633825.ece))

Kerala has started door-to-door vaccination for bed-ridden palliative care patients.(( https://www.youtube.com/watch?v=S_QfnJa_m2w.))

Experts advise that all efforts must be made to get both jabs of the vaccines from the same company.(( https://timesofindia.indiatimes.com/city/chennai/can-you-take-one-dose-of-covaxin-and-another-dose-of-covidshield/articleshow/82193029.cms)) This is because research is still going on to understand how getting the jab from two different manufacturers will affect the immune system.(( https://indianexpress.com/article/lifestyle/health/covid-19-second-vaccination-dose-different-manufacturer-vaccination-effects-7290836/.))

If you have just recovered from COVID-19, it is advised that you take your vaccine jab (first or second) after 3 months from your clinical recovery. This is as per the recommendations of the National Expert Group on Vaccine Administration for COVID-19(( Can be accessed at https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1722333 – date – 19th May, 2021 under the head ‘Ministry of Health and Family Welfare’ and sub head ‘New Recommendations of NEGVAC accepted by Union Ministry of Health’.)).

If you were infected with COVID-19 after the first jab of the vaccine, it is advised that you wait for 3 months after your clinical recovery to take the 2nd dose. This is as per the recommendations of the National Expert Group on Vaccine Administration for COVID-19.(( Can be accessed at https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1722333 – date – 19th May, 2021 under the head ‘Ministry of Health and Family Welfare’ and sub head ‘New Recommendations of NEGVAC accepted by Union Ministry of Health’.))

The Central Adoption Resource Authority (CARA) has issued the following guidelines for adoption during the pandemic(( http://cara.nic.in/PDF/Circular/Covid%20Advisory.pdf)):

Guidelines regarding children:

Avoid unwarranted physical contact with the child. Only primary caregivers should interact with the child while maintaining due precautions.

Coordinate the social investigation of the child over phone and emails, with only essential physical visits (if required).

Follow up on police reports through phone calls and emails.

Restrict visits to the Child Welfare Committee, and prefer virtual interactions.

Do not use social media platforms for declaring a child legally free for adoption. Communicate orders passed by the State governments or the State Adoption Resource Authority immediately to the designated recipient through emails.

Guidelines regarding parents:

Relax the timing for preparing the Home Study Report 1 month to 3 months. The social worker must conduct at least one physical visit for the Prospective Adoptive Parents’ (PAPs) home study report. However, most of the counselling and meetings will be done online.

Specialised Adoption Agencies should use the digital medical examination report module for completing the medical examination of children.

All information about the child for referral of the PAPs should be uploaded immediately on the CARINGS database. The Specialised Adoption Agency must immediately answer any queries asked by the PAPs.

Juvenile Justice Courts must try to fast track adoption cases, and to conduct the hearings online through video conferencing.

If you want to adopt or to know more information on the legal adoption procedure, read the Nyaaya explainer on ‘Adoption’.

No, mass burials or cremations are not legal in India. The National Human Rights Commission (NHRC) has upheld that the right to life, fair treatment and dignity, derived from the Constitution of India,(( Article 21, Constitution of India 1950.)) is not only limited to living persons but also extends to their dead bodies.(( Parmanand Katara v. Union of India, 1989 A.I.R. 2039.)) In response to several complaints about mishandling of dead bodies, the NHRC has issued an advisory notice to the Central and State governments to protect the rights and dignity of the dead(( Sparsh Upadhaya, ‘COVID Affected Dead Bodies’ Mishandling: “Duty Of The State Is To Protect Rights Of The Deceased”: NHRC To Centre, State Govts’, LiveLaw, 14 May 2021, accessed at: https://www.livelaw.in/news-updates/covid-affected-dead-bodies-mishandling-duty-of-the-state-is-to-protect-rights-of-the-deceased-nhrc-to-centre-state-govts-174159. )).

The NHRC also gave 11 recommendations to be implemented by the authorities for the handling of dead bodies with dignity. One of these recommendations specifically states that mass burial or cremations should not be allowed to take place, as they violate the right to dignity of the dead. Courts have also held that disposal of human bodies, whether by burial or cremation, should be done with due respect and solemnity.(( Vineet Ruia v. The Principal Secretary, Department of Health & Family Welfare, Govt. of West Bengal & ors., WP. 5479 of 2020.))

Currently, digital or electronic wills (wills that have been written, signed or attested via electronic medium) are prohibited by law(( Section 1(4), The Information Technology Act, 2000.)), and any testamentary disposition via online medium is not recognised by law.

Wills are a written legal document through which a person decides how their property and other assets would be distributed, allocated and spent after their death. It can be made by the person whose will is being made (called the testator) or by a lawyer on the instructions of the testator. For a Will to be valid(( Section 63, Indian Succession Act, 1925.)):

• The testator should sign or affix their mark on the will, for example thumb impression.
• The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.
• The witnesses should not be beneficiaries under the will.

If you want to read more on wills, see the Nyaaya explainer on Wills.

If you have recently lost a loved one due to COVID, who was insured under the Pradhan Mantri Jeevan Jyoti Beema Yojana (PMJJBY), you are eligible for claiming Rs. 2 lakh insurance amount. . This scheme is administered by the Life Insurance Corporation of India and other insurance companies, and is renewable on a yearly basis(( Economic Times, accessed at: https://economictimes.indiatimes.com/wealth/insure/all-about-pradhan-mantri-jeevan-jyoti-bima-yojana/articleshow/58907299.cms?from=mdr.)).

The policy is a one-year insurance term policy. If a person has succumbed to COVID and bought PMJJBY in the financial year 2020-2021, their nominee/heir can apply for a claim. The scheme offers Rs 2 lakh term insurance cover to bank holders aged between 18-50 years, and the annual payable premium is Rs. 330, if the claimant signed up between June and August(( Business Today, accessed at: https://www.businesstoday.in/money/insurance/lost-dear-one-to-covid-check-out-eligibility-for-rs-2-lakh-govt-insurance-claim/story/437886.html)).

To start the application process for the PMJJBY, you can do the following:

Step 1: Contact the bank where the deceased person is covered under the Yojana. A death certificate is necessary to claim the insurance amount.

Step 2: Keep all important documents ready including claim form, refund receipt, discharge receipt, etc.

Step 3: Send the filled out claim form, a receipt for discharge, death certificate along with a photocopy of the nominee’s canceled bank account and all the relevant bank details to the bank.

Yes, the officers of following ranks may seize tobacco products if they believe that the relevant law is being violated(( Section 13(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

• A police officer, at least at the rank of a sub-inspector
• An officer of State Food or Drug Administration
• An other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

However, they may not hold the tobacco products for more than 90 days without the approval of the District Judge.(( Section 13(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Yes, the officers of following ranks may enter and search a shop selling cigarettes/other tobacco products if they believe that the relevant law is being violated(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

• A police officer, at least at the rank of a sub-inspector
• An officer of State Food or Drug Administration
• Any other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

The following places may be searched(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

• Where the advertisement of cigarettes and tobacco products is made.
• Where the trade of cigarettes and tobacco products is carried out

It is illegal for TV shows and movies to show a character or actor smoking cigarettes or consuming tobacco products on screen. This does not apply to old or foreign movies/TV shows.(( Section 2(a), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)) When display of use of tobacco products is required, it should be explained to the Central Board of Film Certification. Additionally, the following safeguards must be present(( Section 2(b), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)):

• Anti-tobacco health messages, of at least 30 seconds, should be played at the beginning and middle of the videos.
• An audiovisual disclaimer of at least 20 seconds, on the ill-effects of tobacco. It will be played in the beginning and middle of the video.
• While the scene in which a person is consuming tobacco is playing, a warning will be displayed.
• No close-ups of the packages will be allowed, and no brands will be displayed.

The Ministry of Health & Family Welfare has launched an anti-smoking project, called the m-cessation programme. It uses mobile technology to encourage people to quit tobacco use. Additionally, the website has simple tips for managing cravings, formulating a quitting plan, etc.

It has an exclusive email ID for the purpose of sending emails for promotion of the program as well as to inform people at large regarding the ill effects of tobacco use at regular intervals.

A helpline number has been launched (011-22901701) which will register you with the program. You can also register by providing basic details (mobile number and email address) here.

The Court can order the confiscation of any package of cigarettes or other tobacco products.(( Section 14, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)) However, in certain cases, instead of the confiscation, the Court may allow you to pay the costs of the goods seized(( Section 15(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)).

In this case, the products will be returned to you. However, you must ensure you follow all the laws before you sell or distribute the products.(( Section 15(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

You do not have to put warning labels on the cigarettes/other tobacco products you are exporting. This is because the law(( The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) on tobacco products in India does not apply to any tobacco products that are being exported. However, all exported products must comply with requirements of the foreign country.(( Section 32, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Yes, knowingly letting someone use your house or vehicle for storing or handling illegal drugs is punishable under this law. It is understood as committing the offence itself. You will be punishable with the punishment provided for that offence. Letting someone use your animal or conveyance knowing the purpose for which the animal or conveyance is going to be used is also an offence.(( Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Seizing occurs when an authorized officer conducting an inquiry or investigation, has reason to believe that the property being investigated is likely to be concealed, transferred or dealt with in a manner that might hinder the proceedings relating to the forfeiture of property. Where it is not possible to seize the property, the officer may order to freeze it and it can only be transferred or dealt with, with his permission.(( Section 68F, Narcotic Drugs and Psychotropic Substances Act, 1985.))

The Act provides for punishment of officers who, without reasonable grounds of suspicion, enter or search and seize property and arrest people. Their punishment is imprisonment up to six months, or fine or both. Any person who gives wrongful information to the officers, who further carry out the search, seizure and arrest of this information, is also punishable by imprisonment for up to two years, fine or both.(( Section 58, Narcotic Drugs and Psychotropic Substances Act, 1985.))

If you are a drug addict who has been caught consuming a small amount of drugs, you could voluntarily seek to undergo medical treatment for de-addiction. The Court will direct that you be released for undergoing such treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by the government.

But it is important to note this option is available only if/when you’ve been caught consuming a small quantity. For every other offence, the Act strictly does not allow commutation or reduction of sentence.(( Section 64A, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Yes, if an officer catches you smoking weed, you can be punished with imprisonment up to one year, or a fine of up to Rs. 20,000, or both.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Medicinal cannabis i.e., medicinal hemp refers to any extract or tincture of cannabis. While growing cannabis still a crime as per the NDPS Act, some states allow the cultivation of cannabis for medicinal or research like Uttar Pradesh.

Yes, If you are running away with drugs using an animal or a conveyance, then they can shoot the animal or the conveyance. But if you are running away on foot, then the officer cannot directly shoot at you.(( Section 46, Code of Criminal Procedure, 1973.))

Yes, a seizure can happen in a public place. The authorised officer, in this case, can seize in any public place or in transit and drugs or substances which he suspects is punishable under the Act. They can also seize any animal, conveyance or article, which can be confiscated under this Act. It is also important to note that the officer can detain and search any person who has any drugs or substances in their possession which appears to him as unlawful.(( Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985.))

If someone is illegally growing opium poppy, cannabis or coca plant on your land, you must immediately inform the police. If you don’t you can be punished for negligence.(( Section 46, Narcotic Drugs and Psychotropic Substances Act, 1985.))

No, it does not make any difference. The PIO will still consider it as filed by you.

No, all disputes should be resolved by the bodies created under this Act such as the officer in charge of an appeal in a public authority or a Central/State Information Commission.

If the RTI application you have made is in relation to confidential information belonging to a third party which was supplied to the public authority, the PIO has to follow certain steps.

1. The PIO has to send a notice to the third party within 5 days of getting the application.
2. The third party has 10 days to agree with or object to the PIO releasing its confidential information to you.

After giving the third party an opportunity to make its submissions, the PIO has to make a decision on whether to disclose the information to you within 40 days of receiving the application. The PIO will at the same time send a notice to the third party regarding her decision – the third party has the option to appeal against this decision.

If the information contained in the record can be separately provided (not containing the exempted information), then the public authority should give you the information in response to your request. For example, details regarding vendors for the purchase of defence equipment can be provided separately from details regarding the defence equipment being deployed during a conflict.

In such a case, the PIO has to give you a notice containing the following details:

• Fact that only a portion of the records you asked for is being provided (the exempted information has been removed from the record)
• Reasons for why this decision was made
• Name and designation of the person who gave the decision
• Details of fees to be paid and
• Your right to review this decision (including details of the appellate authorities/ officers and fees to be paid).

The person will not be required to pay and the information will be provided free of charge.

The PIO should take care to ensure that the information is provided in such a way that the person can access it. For example, if the applicant is blind, the PIO should deliver the information in Braille.

While applications for information are made only to the PIO/APIO, every officer in the public authority has a duty to help the PIO/APIO if she asks for help. If she does not help, she can be held liable under this Act just like the PIO/ APIO.

You need to address the application to the Central/ State PIO or the Central/State APIO. The APIO can take 5 extra days to process the application.

Yes, all public authorities must have a Public Information Officer (PIO) and an Assistant Public Information Officer (APIO) for each of its offices. Depending on whether the public authority falls under the Central or State Government, the PIO will be called the Central PIO or the State PIO.

Central or State Assistant Public Information Officers were also appointed at the sub-divisional or sub-district level.

No, this act does not apply to the state of Jammu and Kashmir. However, Jammu and Kashmir has its own Right To Information Act, 2009 and you can file under it.

The Citizenship Amendment Act, 2019 amended the citizenship laws in India. According to the law, any person who is a Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan, who entered India on or before the 31st December, 2014, is automatically granted immunity, and will not be treated as an illegal immigrant, but as a citizen of India. This immunity is not applicable to Muslims.

There is no official ruling or information on whether the Voter ID Card is a valid proof of citizenship from the Supreme Court or the Parliament. However courts in different states have given contradictory judgments on the same. For instance, the Gauhati High Court has held that the Voter ID Card is not a valid proof of citizenship(( Munindra Biswas vs Union Of India, Case No. : WP(C) 7426/2019)), whereas, the court in Mumbai has held that the Voter ID Card is a valid proof of citizenship.(( Voter Identity Card Sufficient Proof of Citizenship, Rules Mumbai Court.Tribuneindia News Service. Accessed at https://www.tribuneindia.com/news/nation/voter-identity-card-sufficient-proof-of-citizenship-rules-mumbai-court-44563.))

There are three types of passports that are issued in India. These are ordinary, diplomatic and official.

A diplomatic passport has a maroon cover, and is issued to designated members of the government, members of the judiciary, diplomats, etc., whereas an official passport has a grey cover, and is issued to designated non-gazetted government servants and other persons as authorized by the government.

The validity of a minor person’s passport is 5 years or till they turn 18, whichever is earlier. However, minors between 15 and 18 years of age can apply for a passport which has a 10-year validity, or for a passport which will be valid until they turn 18.

In order to facilitate Persons with Disability (PwD), the ECI has also developed an android-based mobile application i.e. PwD App, which provides the facility for voters themselves to register as PwD so that the same can be reflected in the electoral roll. The person with disability can request for registering as an elector, and upon receiving the request the ECI will ensure that the booth level officer will reach the doorstep. Through the PWD App, a PwD can:

• Inform About Disability
• Request For New Voter ID Registration
• Request For Transfer
• Request For Updation
• Find Polling Booth
• On-Call Support

You can be disqualified from voting if you have been convicted of the following offences:

• Bribery
• Voting on behalf of someone else
• Trying to prevent someone from voting by threatening them
• Inciting or promoting hatred and violence between people in connection with an election
• Obstructing or destroying election processes/documents

No. A person who is not a citizen of India is not eligible for registration as a voter in the electoral rolls in India. Even those who have ceased to be citizens of India on acquiring the citizenship of another country are not eligible to be enrolled in the electoral rolls in India.

If you fail the driving test, you can take it again after 7 days. However, if you fail your driving test 3 times, you cannot take it again for the next 60 days from the date of your last test. You should also re-check this with the RTO/RTA of your State.

E-Aadhaar is an electronic version of your Aadhaar downloadable with your Aadhaar number or Enrolment ID here. The downloaded Aadhaar (e-Aadhaar) is a valid and secure password-protected electronic document which should be treated at par with the original Aadhaar letter.

For children below 5 years, the parents’/guardian’s name, Aadhaar and biometrics have to be provided at the time of enrolment. At the time of enrolment, enrolling authority has to inform and take the consent of the parent/guardian.

Mandatory biometric updates of children will be required when:

• A child below 5 years at the time of enrolment is re-enrolled at the age of 5 and all biometric data is provided once again.
• Children between 5 and 15 at the time of enrolment furnish all biometric details for update upon attaining 15 years of age.

If you don’t have address proof, you can update your Aadhaar address to where you are presently residing, with the consent and authentication of the Address Verifier. An Address Verifier is a family member, relative, friends, landlord etc. who is willing to let you use his/her address as proof.

You can request for an Address Validation Letter here. Upon submitting your request, the UIDAI shall send the Address Validation Letter to the address within 30 days, which could be used for online update.

If someone in a family does not have individual valid documents, the resident can still enroll using a family entitlement document with the Head of Family (HoF) introducing the family member. Where there are no documents available, the resident may also take the help of Introducers at the Enrolment Center. Read more about HoF and Introducer-based enrolment here.

Yes, any individual, even a foreigner, who is a resident of India, may voluntarily enrol to obtain an Aadhaar number. You are considered a ‘resident’ if you have resided in India for a period amounting in total to at least 182 days in the twelve months immediately before the date of application for enrolment.

No, an Aadhar Card cannot be used as a domicile certificate or to prove citizenship to India. It is only a form of proof of identification.

If you have been allotted more than one PAN Number, you have to surrender one of your PAN Numbers by filling and submitting PAN Change Request Form, which can be downloaded here. The Form is also available at any TIN-FC or PAN Center of NSDL.

Mention the PAN Number which you are using currently on top of the form. The corresponding PAN Card copies/PAN allotment letters should be submitted for cancellation along with the form as proof of PAN Number surrendered.

If you wish to cancel your PAN Number (currently in use), then you need to visit your local Income Tax Assessing Officer with a request letter to cancel/ surrender your PAN Number.

Yes, it is mandatory to quote Aadhaar/Aadhaar Enrolment ID for making an application for a PAN Number.

Tatkal Passport is a scheme available to citizens who need their Passports urgently. In this scheme, if police verification is not required, the Passport is dispatched within 1 working day (excluding the date of submission of application), and in 3 working days, if it is required.

No, you cannot have more than one PAN Number. Any person who has already been allotted a PAN Number cannot apply for or obtain another PAN Number. Even when you apply for a new PAN Card, your PAN Number remains the same on the new card.

No, PAN Card is not a compulsory document. However, all existing assessees or taxpayers or persons who are required to file a return of income, even on behalf of others, must have a PAN Number. It is compulsory to quote PAN Number on return of income tax and on certain financial transactions.

If you are a person who belongs to the categories given below and if you do not have a PAN Number, make sure that you apply to the Assessing Officer for the allotment of a PAN Number under the Income Tax Act:

• if your total income or the total income of any other person in respect of which you are assessable during any previous year exceeded the maximum amount which is not chargeable to income-tax
• if you are carrying on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed five lakh rupees in any previous year
• if you are required to furnish income tax returns
• if you are an employer who is required to furnish a return of fringe benefits
• if you are a resident, other than an individual, which enters into a financial transaction of an amount aggregating to two lakh fifty thousand rupees or more in a financial year
• if you are the managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the entity mentioned above or any person competent to act on behalf of the entity.

According to the law, the eldest male number will be the head of the family for the purposes of obtaining a Ration Card, when there is no adult woman in the household. The female member, who is a minor person right now, will become the head of the household on turning 18 years old, in place of the male member.

Therefore, in this case, you will be the head of the household, and your daughter will become the head once she turns 18 years old.

Even if you have a passport, you cannot travel to countries that fall within the following categories:

• A country which is committing, or assisting in committing, external aggression against India;
• A country which has active armed hostilities with India
• A country to which any travel would seriously impair the conduct of foreign affairs of the Indian government.

The NRC (National Register of Citizens) is a register maintained by the Government of India containing personal information such as name, age and other information for identification of Indian citizens. The register has only been implemented in Assam, so far, where it is termed National Register of Citizens (NRC).

For more information on the NRC, please see here.

Your application for a DL can be refused, you can be disqualified or your license revoked for any of the following reasons::

• You are a habitual criminal or drunkard.
• You are addicted to any drugs.
• You have used your motor vehicle to commit an offence or crime. For example theft of a motor vehicle etc.
• You have shown by previous conduct that your driving can pose a danger or nuisance to the public. For example, theft of a motor vehicle, assaulting passengers, over-speeding, etc.
• You have obtained your license by fraud.
• You are a minor person and were holding a license with the consent of a major person, but have ceased to be in his care.
• You have not passed the driving test conducted by the RTO/RTA.
• You have committed any offence with a motor vehicle, and a Court has disqualified you, except for offences related to over-speeding when committed for the third time can lead to disqualification.
• Your license has been revoked at any time in the past. If your license has been revoked, you must surrender your license to the authority which revoked it.

Your Passport may be impounded or revoked on any of the following grounds:

• If you are holding the Passport wrongfully
• If you obtained the Passport fraudulently by provision of incorrect information. In such a case, if you obtain another Passport, that Passport will also be impounded/revoked.
• If the Passport authority deems it necessary revoke/impound your Passport the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public
• If you have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, at any time after the issue of the Passport
• You have committed an offence and criminal proceedings are pending before a Court,
• If you have breached any of the conditions of the Passport
• If you have failed to surrender your Passport after the Passport authority has cancelled your endorsement
• If a warrant or summons for the appearance, or a warrant for the arrest, of you has been issued by a court under any law
• If a Court has passed an order prohibiting your departure from India.

You must surrender your Passport in the following circumstances:

• You have been repatriated at the expense of the Government of India. In such a case, you must apply for an Emergency Certificate to return to India, which also must be surrendered on return.
• You have taken the citizenship of another country.
• Your Passport has been revoked or impounded.

The driving test certifies your ability to safely drive and handle a motor vehicle. If you fail the test, you can take it again after 7 days. If you fail your driving test 3 times, you cannot take it again for the next 60 days from the date of your last test. This may vary across states.

Your application for a Passport may be refused on the following grounds:

• You are not a citizen of India,
• You may, or are likely to, negatively impact the sovereignty or integrity of India, outside the country, or your presence outside India may be detrimental to friendly relations between India and other countries, or your departure from India may, or is likely to, be detrimental to the security of India,
• You have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, within 5 years of making this application,
• You have committed an offence and criminal proceedings are pending before a Court,
• A Court has issued a warrant or summons for the appearance, or a warrant for the arrest, with respect to you under any law,
• A Court has passed an order prohibiting your departure from India.
• You have been repatriated and have not reimbursed the expenditure incurred,
• Issuing you a Passport will not be in public interest, in the opinion of the Central Government of India.

If you give up your Indian citizenship, any minor children (i.e. any children that you have who are below the age of 18) that you have will also cease to be Indian citizens.(( Section 8(2), Citizenship Act, 1955)) However, if the citizenship of your minor children is revoked, he may, within one year of turning 18 years old, make a declaration that he wishes to be an Indian citizen, and his Indian citizenship shall be resumed. However, if your children are majors, they will continue to be Indian citizens.

No, there is no provision in India for acquiring dual citizenship. You have to renounce your citizenship, and surrender your Indian Passport,(( Section 9, Citizenship Act, 1955)) before taking another country’s citizenship, and failure to do so is an offence. For example, you cannot hold an Indian Passport and an American passport at the same time.

The Returning Officer of your home constituency will send you and your wife postal ballots via Indian Postal Service. You can even ask the Returning Officer to have the postal ballot delivered to you personally. If the postal ballot does not reach you and is returned to the Returning Officer as undelivered, he will send it to you again by post.(( ETPBS & Service Voter, Election Commission of India, available at https://eci.gov.in/divisions-of-eci/it-applications-etpbs-servicevoter/))

If you are living in a rented house, then get the following documents:

• Owners Identity Card that has their Signature (Passport, Aadhar Card, Driving License)
• Electricity Bill of the Rented House you are staying in which has the owners address.
• Letter from the owner stating that you are residing in his/her house and that you wish to obtain a voter ID Card to vote in the place of residence.

No, you must be present in India to vote. You can register yourself as an NRI voter but to cast your vote, you must be present in the constituency of the address mentioned in your passport. There is a Bill pending in the Parliament, that if passed, will allow an NRI to vote through a proxy.

No. You cannot vote together with your friends. Only one person is allowed inside the polling station at a time and there is a strict procedure followed so that secrecy is maintained throughout.

When you cast your vote, it is a secret ballot. Which means that no one can force you to tell them who you voted for. However, you can tell people who you voted for if you wish to do so. You won’t be punished for the same.

Opinion polls, also known as exit polls, are not real results of the elections. Various organisations and media agencies conduct opinion polls by different methods such as surveys to predict what the outcome of the elections might be. The Press Council of India has issued guidelines on how these surveys should be conducted.

It is not compulsory for you to cast your vote, hence there won’t be any consequences if you don’t vote. But it is advisable to do so as voting is the exercise of your democratic duty in selecting the government.

Yes, a candidate can vote as he is registered as a voter in the electoral roll.

Yes, the media is allowed limited entry into the counting halls to cover the counting of ballots, but only after they have taken prior permission from the Election Commission. Only those media personnel who are referred by the Press Information Bureau and Directorates of Information and Public Relations of States are given this permission.

No, the party or person is committing a crime by paying you money. This is an act of ‘bribery’. If you accept any money or gifts with the intention of voting for someone who you would not vote for, then you are committing a crime for which you can be punished with jail time up to one year with a fine.

You can enter your reference ID and track the status of your application here.

If two candidates have the same name, then on the Electronic Voting Machine, the election officers will add the occupation or residence or any other distinguishing information to the name of the candidate. This will make it easier for you to vote.

Yes, a homeless person can register for a Voter ID card. While filing Form 6, the person has to put in the address of the street where he sleeps at night. The Booth Level Officer will visit that street at night to ascertain that you actually sleep at the place and no documentary proof of residence shall be necessary. The Booth Level Officer will visit more than one night for such verification.

No, prisoners who have been sentenced to jail time or people in the custody of the police are not allowed to vote. If you have been detained in jail without a conviction, then you can vote.(( Section 62(5) of the Representation of the People Act, 1951.; Aman Lohia vs. Kiran Lohia [ TC(C) 25 OF 2021])) 15 days before the election takes place, you have to tell the returning officer by post that you wish to vote by specifying your name, address, address of place of detention and electoral roll number. You will be sent a postal ballot which you will have to fill in the presence of the Superintendent of Jail or Commandant of the detention camp or any election officer. The method of voting by postal ballot is the same as that of a service voter.

Candidates cannot campaign for 48 hours before polling. If they are at the polling booth with a view of attracting members to vote for them , they will be punished with jail time of up to 2 years and/or fine. The candidate can only come to the polling booth to cast their vote and nothing more.(( Section 130, Representation of Peoples Act, 1951.))

If your left-hand thumb is missing, then you can give the thumb impression using your right-hand thumb. If the thumbs on both hands are missing, then the impression of one of the fingers of the left hand starting from the forefinger will be taken. If you do not have any fingers on the left-hand, then the impression on the fingers of the right hand will be taken, If no fingers are there on both hands, then you will need to seek assistance from a person whose thumb impression will be taken in the same manner. A person assisting you known as a companion is a person who is more than 18 years old and comes to sign or assist on behalf of the voter. The details of the companion will be taken down by the electoral officer. However, a companion can only act on behalf of only one person at a polling station for the day and polling staff cannot act on behalf of someone as a companion.(( Persons with Disabilities, Election Commission of India, available at https://eci.gov.in/persons-with-disabilities/))

Through NVSP, a user can avail and access various services such as(( National Voter Service Portal, Election Commission of India, available at https://www.nvsp.in/)):

• Access the electoral list
• Apply for Voter ID card
• Apply online for corrections in voter’s card
• View details of Polling booth, Assembly Constituency and Parliamentary constituency
• Get the contact details of Booth Level Officer (BLO), Electoral Registration Officer etc. among other services.

You will have to create an account with a User ID and Password for accessing the NVSP services.

Sedition(( Section 124A, Indian Penal Code, 1860.)) is a crime against the State, meaning a crime where violence or public disorder is caused amongst the people as they have been incited against the government. A crime of defamation(( Section 499, Indian Penal Code, 1860.)) is against a person or a group of persons, where words or visual representations affect their reputation.

No, a lot of countries have abolished or amended the sedition law. Some of them are the United Kingdom, Korea and Malaysia.

Yes, foreigners can be booked for acts of sedition under the law.(( Section 124A, Indian Penal Code, 1860.))

If your speeches are honest concerns and have not further posed any threat to causing any public disorder or violence against the government, there will not be any sedition charges against you. You would be liable for an act of sedition if you have attempted or encouraged people to resort to violence. Under the law it is known as exciting disaffection.

No, you cannot be booked for such an act, unless it leads to violence or exciting disaffection against the government.

If the movie actor is affiliated with a political party and is a candidate for that party, then the actor cannot urge the voters to vote or refrain from voting for a particular candidate, including himself or herself. The movie actor cannot conduct any press conferences, hold public meetings or go on the television or radio to make statements in favor of himself or any other political party/candidate. The actor may be punished with jail time up to 2 years and/or fine.(( Section 126, Representation of People Act (no person is construed as including a movie actor) ))

Yes, any political content in the form of messages, comments, photos or videos uploaded on the candidate’s own blogs, websites or social media accounts will not be treated as political advertisements and therefore would not require pre-certification under the law by the Media and Monitoring Committees.(( Use of Social Media in Election Campaigning and ECI’s Social Media Policy, Gist of Instructions, Page 87, point (ii), Compendium of Instruction on Media Related Matters, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf. ))

In India, Google specifies certain kinds of advertisements as election ads:

• Those that feature a political party, a political candidate or current member of the Lok Sabha,
• Any ads that are run by a political party, political candidate, or a current member of the Lok Sabha. Advertisements by non-political entities promoting merchandise or news are not recognized by Google.

To publish a political advertisement with google, there are two steps that have to be followed(( Advertising Policies, Google, available at https://support.google.com/adspolicy/answer/6014595?hl=en.)):

• The advertiser has to be verified by Google itself

A pre-certificate requirement for election ads in India have to be obtained from the Election Commission of India or by the Media Certification and Monitoring Committee(MCMC).¹

1. Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/ [↩]

Yes, even bulk SMSs/Voice messages for political campaigning require permission from the Media Certification and Reconstitution of Media Certification & Monitoring Committee , Election Commission,(( available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/ Monitoring Committee (MCMC) )) so that the Model Code of Conduct is not violated by any candidate or political party.

The use of Doordarshan (DD) and All India Radio (AIR) are available only to recognized National or State Parties. These facilities are not available to registered-unrecognised political parties or any independent candidates.(( Allotment of Broadcast Time to Recognized Political Parties, Gist of instructions, Page 129, point 2(i), Compendium of Instruction on Media Related Matters, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf. ))

Any advertiser running election-related advertisements has to complete the authorisation process required by Facebook, except for those news publishers identified and registered by Facebook. To read more, click here.(( Restricted Content, Facebook, available at https://www.facebook.com/policies/ads/restricted_content/political))

No, all ministers cannot use official vehicles during the election period. People who can use are Prime Minister, President, Vice President, Speaker and Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha and such other dignitaries visiting States from other States. Persons who have been given security by statutory provisions like the Special Protection Group Act 1988 can also use official vehicles.

No, photographs of political leaders cannot be put on government advertisements printed from public exchequer.(( Section 135C, Representation of Peoples Act, 1951.)) For example, if the picture of a candidate in Jaipur is put up on a billboard explaining a Family Planning Scheme by the Ministry of Health, then this is a violation of the MCC. However, photographs or mentions of certain political leaders like President, Prime Ministers, Chief Minister, Governor can be used only if it is felt essential for effective government messaging.

No, it does not apply to all the North Eastern States. AFSPA, is not applicable in the states of Sikkim, Meghalaya and Tripura. Certain areas of Arunachal Pradesh and Imphal, Manipur are also not covered under the law.

The Armed Forces Tribunal has been made for the trial of persons in the Armed Forces, which may include persons from the Army, Navy or Airforce. The Tribunal looks into disputes and complaints with respect to appointments, conditions of service, disciplinary proceedings etc. The main branch of the Tribunal is in New Delhi but it has regional branches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. The tribunals follow the normal procedure as practiced in the High Courts of India and all the proceedings are in English. Persons who are not in the armed forces cannot approach this Tribunal as this is only meant for the armed forces and their trial.

Jammu and Kashmir is divided into three divisions i.e. Jammu (10 districts), Kashmir Valley (10 districts) and Ladakh (2 districts). AFSPA applies only to the division of Kashmir Valley.

The AFSPA gives too much power to the Armed Forces, even to extent of killing someone only on the grounds of suspicion. This has been seen as opposed to the right to life as granted by the Constitution of India.

One can get bail depending upon the nature of the crime. The court will decide whether a person can be granted bail or not. Unlike in normal cases, under AFSPA the police can detain a person for a longer duration. The normal rule of producing a person before a magistrate within 24 hours does not apply in the case of AFSPA.

Yes, women can be booked under AFSPA.

Under this law the armed forces do not bother the civilians unless there are some grave situations. One can freely go to Kashmir as a tourist.

AFSPA can be revoked when the situation in a disturbed area turns to normal. The government has done that in many areas, such as in the state of Tripura in 2015 and from Punjab and Chandigarh in 1997.

Yes, as of now AFSPA is applicable in states where there are armed rebel groups and which become disturbed due to activities of these groups.

The State Governments can suggest whether the situation in the state demands implementation of AFSPA or not. However, the Governor or the Central Government can either accept or reject such a suggestion.

You can only file a case against an army personnel, in a civil court in situations when there is special permission from the Central Government. However, the armed forces, under their own rules and regulations, have their own courts to try their officers (for offences specified under their own rules and regulations). These courts are called the Armed Force Tribunal.

Any person who regularly influences public servants through illegal means or uses business relationships to influence public servants can be sent to jail for a period of 5 to 10 years and can also be asked to pay a fine.

You can still be punished if you took the money and made the person who bribed you, believe that you were responsible for the favour. For example, you take Rs. 20,000 from Ravi after making him believe that he got the job with the Forest Department because of your connections with the head of the Forest Department. Even if you did not actually have any connections with the head of the Forest Department, you will still be breaking this law.

You can still be punished. For example, you are a junior officer in the Bhopal Municipality and you accept a bribe from Ravi promising to give his company approval to build a tank in the locality, but you know that as a junior officer you do not have the power to give the approval. You can still be punished under this law.

No, salary, house allowance, pension payment and all payments that the public servant gets for his work are not considered bribes.

Yes, if the police think that you are breaking this law they can check your banker’s books in connection with your crime. They can also check the banker’s books of another person who might be holding money on your behalf. They can do this without a warrant.

Yes, if you as a public servant try to steal or sell property given to you as part of your work or take gifts or money unlawfully, you can be punished. It does not matter that you did not succeed. You can be sent to jail for a period of 3 to 7 years and can also be asked to pay a fine.

Example: Mukesh is a police officer. His superior officer has given him gold jewelry for safekeeping, which was returned by a thief during police questioning. Mukesh tries to sell it to Ravi, but the senior officer sees them and stops him. Even though Mukesh failed he is still breaking this law.

In this case, the first step you can take is to write to the local municipal authority and explain the problem. In urban local areas, the concerned municipal authority is responsible for building and maintaining public streets.

Yes, the Act allows a survivor to be granted a residence order in the shared accommodation where she is currently residing or has resided with the accused in the past. Even if you are not the owner of that house and are a tenant or if it is the joint family property, you can apply for a residence order.

You can either file a case under section 498A of the Indian Penal Code with the police. You also have the option of approaching the Magistrate directly to file a Domestic Incident Report. Further, you can also request the police to file the Domestic Incident Report on your behalf. In the scenario that the police refuse, you have the option of approaching a magistrate to ask the magistrate to direct the police to file a Domestic Incident Report on your behalf.

Yes, you can file a complaint if you have been in a live-in-relationship and have not been formally married.

Yes, you can file a case against your mother-in-law or your brother. As per the law, you are protected from any family members who are living together as a joint family or have lived together as a joint family at any point.

Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders or orders in the absence of the offender if there is an immediate threat of violence. Thus, you have a right to apply to the Magistrate for any relief required by you.

You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.

A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home the shelter home should allow you to do so.

In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.

Yes, depending on the type of harassment faced, whether verbal or physical, it would qualify as domestic violence under the Protection of Women from Domestic Violence Act 2005. The act provides immediate relief from any kind of harassment faced. The definition of domestic violence given in the law is very wide and covers a broad range of behaviours and instances, including harassment and harm arising from an unlawful demand for dowry.(( Section 3(b), The Protection of Women from Domestic Violence Act.))

If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Further, please look at Form IV which provides information on the rights of aggrieved persons.(( Form IV, The Protection of Women from Domestic Violence Rules, 2006.))

One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.

A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here.

No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed form when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.

No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.

“Relationship in the nature of marriage”(( Indra Sarma v. V.K.V. Sarma (2013) 15 S.C.C. 755.)) should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: – Proof of such a relationship would be the use of a common name, common ration card, same address, etc.

Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.

A counselor is appointed from the list of available counselors made by the Protection Officer. In the circumstance that you are not comfortable with the counselor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counselor.

A counselor should not be related to either you or your husband. However, if you still believe the counselor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counselor in your case.

Yes, you will be able to see your children again. You can ask the Protection Officer to help you file an application for temporary custody for your children. However, the magistrate can only give you a right to keep your children with you temporarily. For you to obtain the right to keep your children with you permanently a case will have to be filed by way of other laws.

If your husband who has been abusing you does not follow the Protection Order then he can be punished. He can be imprisoned for up to a year and/or be fined up to Rs.20,000.

The court will rely primarily on the testimony of the victim of domestic violence. If there are eyewitness accounts then the court will rely on those testimonies as well. However, since domestic abuse happens primarily at home and it is unlikely that there will be many eyewitness accounts in support of the woman, the court will rely primarily on the victim’s account. The case of domestic abuse need not be proved beyond reasonable doubt. That is, the court only needs to believe that the women were subject to abuse after considering all the facts and circumstances.

A woman can file a domestic violence complaint against any person with whom she is/has been in a domestic relationship. This includes:

• Husband/male partner
• Relatives of her husband or male partner, including in-laws, aunts, uncles, etc.

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it.

Apart from the Court, you can also approach:

• Police
• Protection Officers
• National Commission for Women
• State Women Commissions
• NGOs and ASHA workers

Yes, you can. As a parent, you can file your maintenance application against all your children. All of them have a duty to maintain you. As a senior citizen (without children), you can file your maintenance application against any or all relatives who possess or will inherit your property. If there is more than one such relative, each relative is supposed to pay maintenance in proportion to the property that they will inherit from you.

Yes. The amount of maintenance can be altered/increased by approaching the court, if there are changes in your requirements like increase in cost of medical treatment. However, do remember that the amount can also be decreased depending on whether you now have an additional source of income or your requirements have decreased. It can also be canceled – for example, if you have converted to another religion and are no longer a Hindu, the judge may cancel payments as you are no longer eligible to receive maintenance under Hindu law.

Yes. Both sons and daughters bear the duty to maintain parents equally. Even married daughters have a duty to maintain their parents. However, the court will order her to pay only from her own money and assets. The married daughter’s husband has no duty to support his wife’s parents.

Yes, if you have siblings or other relatives who are legally supposed to maintain your parents/ senior citizen, you can file an application to get them involved in the case. Consult a lawyer for help with the process to file the application.

The following authorities do adoption work in India:

• Central Adoption Resource Authority – It is the central authority in charge of monitoring and regulating adoptions in India, receiving applications for inter-country adoptions, maintaining a database of children to be adopted, etc. Each state has a subset of this authority known as the State Adoption Resource Agency which works for the promotion, facilitation, monitoring and regulation of adoption in the states.
• Child Welfare Committee – It takes cognizance of the children brought before it, conducts enquiry and declares them free for adoption, etc.
• District Child Protection Unit – It aims to identify orphan, abandoned and surrendered children in the district and get them declared legally free for adoption by Child Welfare Committee, tracking the progress of children legally free for adoption, etc.
• Specialized Adoption Agencies – It is responsible for the care, protection and well-being of every child in its charge, and works for their needs.

The following authorities are in-charge of inter-country adoptions (adoption of children who are foreigners or foreigners adopting Indian children):

• Authorised Foreign Adoption Agency – It registers the prospective adoptive parents interested to adopt children from India and completes their Home Study Report, provides orientations to the parents about the child’s culture, etc.
• Indian Diplomatic Missions – It registers the adoption applications of Non-Resident Indian Prospective Adoptive Parents or Overseas Citizens of India in the Child Adoption Resource Information and Guidance System, and processes them, etc.

Yes, you can adopt a child from a different state than the one you live in. To do this, while you are registering with Central Adoption Resource Authority, you should indicate your preferred states for adopting a child.

The wait time depends upon several factors like choice of gender, age, medical condition of the child, preference of the state, etc.(( Central Adoption Resource Authority, FAQs, http://cara.nic.in/PDF/faqs.pdf.)) Therefore, it is difficult to ascertain the exact time period. Please see here for more information.

Although LGBTQ+ persons can adopt in India, same sex couples cannot. If you are a same sex couple, you may adopt a child separately and raise him/her together, but both you and your spouse cannot be legal parents of that child in India.

The decision is taken on the basis of seniority of prospective adoptive parents. Seniority is calculated from the date of successful registration, including submission of documents.(( Regulation 41, Adoption Regulations, 2017.)) For example, if Mini registered on 1st May, 2019, and Sita registered on 28th May, 2019, Mini is senior to Sita in terms of eligibility to adopt a child.

A home study is a report, valid for 3 years, conducted by the Specialised Adoption Agency (SAA) closest to your residence to determine your eligibility and suitability to adopt a child, and it includes details like social and economic status, family background, description of home and atmosphere therein and health status.(( Regulation 2(11), Adoption Regulations, 2017.)) This report will be completed within 30 days of your registration, and posted on the Child Adoption Resource Information and Guidance System (CARINGS). Please see here for more information.

Adoption is different from guardianship. A guardian is a person who cares for a child or for his property till the child becomes an adult (turns 18 years old), but it does not create lasting legal or familial ties like adoption. For example, Aman’s parents are not alive anymore so his uncle may apply for guardianship. As Aman’s guardian, his uncle has the legal responsibility of his upbringing, property, major financial decisions etc.

There are two main legislations on guardianship:

• If you are a Hindu, you can refer to both Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.

If you belong to any religious community except Hindu, you can refer to the Guardians and Wards Act, 1890.

If anyone who has charge of or control over a child assaults, abandons, abuses, exposes or deliberately neglects the child, causing the child unnecessary mental or physical suffering, that person can be punished be punished with imprisonment for up to three years and/or a fine of Rupees one lakh.(( Section 75, Juvenile Justice (Care and Protection of Children) Act, 2015.))

Also, for any general adoption by a parent in India, a Specialised Adoption Agency (SAA) has to prepare a post-adoption follow-up report every six months for two years after the child has been placed with the adoptive parents.(( Regulation 13(1), Adoption Regulations, 2017.)) In case the child is having any adjustment problems with the adoptive parents, the SAA has to arrange counseling for such adoptive parents and adoptees.(( Regulation 13(5), Adoption Regulations, 2017.))

If a child is not able to adjust with the adoptive family, an application can be filed by the SAA in the Court which gave the adoption order, asking the Court to invalidate the adoption.(( Regulation 13(7), Adoption Regulations, 2017.)) If the adoption is terminated by the Court, the child can again be put up for adoption by other prospective parents.(( Regulation 13(8), Adoption Regulations, 2017.))

If the child is a Hindu and has been validly adopted by a Hindu parent under the Hindu Adoptions and Maintenance Act, the adoption cannot be cancelled by the adoptive father or mother or any other person, and the adopted child cannot give up the adopted status and return to the family of birth.(( Section 15, Hindu Adoptions and Maintenance Act, 1956.))

Yes, they can be liable for their acts of negligence.

Under civil law, a patient can file a case against a doctor before a consumer court for deficiency in services. The case can be filed before the District, State or National Consumer Commission to receive compensation for the loss or injury suffered. The patient can also file a case before a civil court for damages/compensation.

Under criminal law, a patient can file a criminal complaint citing gross negligence or hurt, for invoking punishment against a doctor in the form of imprisonment and fine. A doctor causing the death of a pregnant woman through an illegal abortion procedure can be punished with jail time up to 10 years, along with a fine.

A private hospital can only perform abortions if it has been granted approval for the same by the government, or by a district level body called the District Level Committee.

If you have had a miscarriage or an abortion, then upon showing proof of the same, you will be entitled to leave and payment at the rate of maternity benefit for 6 weeks from the date of the miscarriage or abortion. If you have had a tubectomy operation then you get leave with wages for two weeks from the date of your operation. If you have suffered from an illness due to a miscarriage, abortion or tubectomy operation, you will get an additional month of leave with wages(( Sections 9, 9A and 10, The Maternity Benefit Act, 1961.)).

You do not need to get your husband’s or partner’s consent to get an abortion under the law if you are above the age of 18. Some hospitals and clinics may insist on obtaining your husband’s permission, but this is not required by the law. However, if you are a minor (below the age of 18) you will need the permission of a guardian which may be a parent, some other relative, etc.

For a registered medical practitioner to be authorised to conduct abortions, they must have the following training in the field of OB-GYN:

For Doctors enrolled on the State Medical Register immediately before 10 August 1971:

• They must have at least 3 years of OB GYN experience.

For Doctors enrolled on the State Medical Register after 10 August 1971:

They must possess either of the following qualifications:

• Must have completed six months of house surgery in OB-GYN; or
• Must have experience in any hospital for at least one year in the practice of OB-GYN; or
• Must have a postgraduate degree or diploma in OB-GYN; or
• Must have assisted a Registered Medical Practitioner in the performance of 25 cases of MTP of which at least 5 have been performed independently in a hospital established or maintained by the Government or training institute approved by the Government for this purpose.

If you are above 18 years, you do not need to get your parent’s permission under the law. You do not even need to tell your parents. Some hospitals and clinics do insist on obtaining your parent’s permission if you are unmarried. However, this is not required by the law.

The doctor has the right to not perform an abortion. If there is no harm to your life due to the pregnancy or if the fetus is healthy, the doctor can deny you an abortion.

If you have been pregnant for less than 20 weeks, you can get an abortion if the doctor agrees that the required conditions have been fulfilled. At any point of time after 20 weeks, the doctor can perform an abortion only if it is immediately required to save your life.

Yes, hijras were brought under the umbrella term of transgender and are recognized as “third gender” under the law. Transgender is generally described(( National Legal Services Authority vs. Union of India (UOI) and Ors. (2014) 5 S.C.C. 438 (para 11).)) as an umbrella term for persons who do not conform to their biological sex and hijras fall under this category. Hijras typically claim to be part of “third gender”. Among Hijras, there are emasculated (castrated, nirvana) men, non-emasculated men (not castrated/akva/akka) and inter-sexed persons (hermaphrodites).

If the notary refuses to verify your affidavit, you can approach another notary. There are multiple notaries in a city and one of them is bound to help you out. If this does not work, then take the help of a lawyer who will be able to persuade the notary to notarize your documents.

Mental health establishments are(( Section 2(p), Mental Healthcare Act, 2017)) any health establishments funded or run by the government, and meant for the care of people who are suffering from mental illnesses or where such people reside, temporarily or not, for treatment and rehabilitation. These include establishments for Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy and any general hospital/nursing home, run or funded by the government. However, this does not include a family residential place where a person with mental illness resides with his relatives or friends.

Yes, you can identify as a different gender from the one assigned to you at birth, even without undergoing surgery. The Supreme Court of India((National Legal Services Authority v. Union of India & Ors. (AIR 2014 SC 1863))) has held that you do not have to go through any medical procedures to be able to identify with the gender of your choice.

It is illegal to perform surgery on anyone without their written and real consent. In such a case, please take help from a lawyer, etc., and see here to understand other steps you can take.

Mental healthcare services refer to analysis and diagnosis of someone’s mental condition including treatment, care and rehabilitation(( Section 2(o), Mental Healthcare Act, 2017)).

Many states have anti-begging laws by which police officers specifically target transgender persons and arrest them. In such situations if you see a transgender person being arrested/harassed on the road, you can take the following steps:

• Intervene, and ask on what grounds the police is harassing/arresting the transgender person.
• Get help and support from lawyers NGOs, etc and inform them of the incident taking place. Support the person being arrested by informing them of the rights they have under the law while being arrested.

If you witness such an incident, you can file a complaint with the Police Complaints Authority of your State, which is empowered to investigate accusations of serious misconduct, like illegal arrest, rape, death in custody, etc. For example, you can file a complaint here for Delhi Police Complaints Authority. Many states have the option of emailing the complaint to a specified email address that can be found on the respective PCA’s website.

Section 377 of the Indian Penal Code, 1860 was used to punish same sex intercourse between adults above the age of 18 and still punishes intercourse with animals, also known as bestiality. After 2018, Courts have held that same sex intercourse and same sex relationships are not a criminal act anymore. You cannot be arrested under this law for having consensual sexual intercourse or relationships. You can choose who you want to be with.

Yes, if a family member has raped or sexually assaulted you, you can file an FIR with the police. If a relative, guardian, teacher, or any person in a position of trust or authority, rapes a woman it is known as aggravated rape, under the law. You can use section 376 (2) of the Indian Penal Code, 1860 while filing an FIR with the police. The punishment for this crime is jail time upto 10 years and a fine.

No, you cannot file a complaint against another man for sexual assault, as the law does not recognize men as victims of sexual assault, but only women/transwomen. In such a case, your recourse would be to file a complaint for physical violence, for which a person of any gender can be an offender.

No, you cannot file a complaint against another woman even if she sexually assaults you. This is because the law does not recognize women as sexual offenders/harassers, but only as victims. In such a case, your recourse would be to file a complaint for physical violence, for which a person of any gender can be an offender.

Sexual orientation refers to a person’s sexual attraction and sexual relations with someone of their same gender or a different gender. This is known as ‘sexual orientation’. This is a right recognized under the law and it is not a crime to be sexually intimate with someone of the same gender.

The law for rape and sexual violence, recognizes specific genders to be victims or offenders/harassers. See below to see what remedies are available to you, based on your gender.

If you are woman/transwoman

You have a right to file a complaint under the laws on sexual violence in India but only against a man. If you are a transwoman and the police refuses to file the FIR stating that you are not a ‘woman’ under the law, then read here to see what steps you can take.

If you are a man/transman

You cannot file an FIR under the laws on sexual violence in India, since men/transmen cannot be victims of sexual violence. Your only alternative is to file an FIR with the help of the laws which punish those who hurt or injure you.

No, if two adults of the same gender have consensual sex, it is not a crime under the law.

If you are being harassed or blackmailed on a dating site/platform, you can first block or report them, and approach the administrators of the specific site to report the abuse you are facing. If the administrators of the platform are not being responsive or the kind of harassment you are facing is severe and repetitive, then you can also file a complaint at the local police station or cyber cell only if you are a woman/transwoman. If you are a man/transman, you will be able to file an FIR with the laws which punish those who hurt or injure you.

If you do not want to approach the police or you have been turned away by the police, you can approach the following institutions:

• National Human Rights Commission, which looks at matters concerning human rights violations, such as custody harassment, illegal detention, etc. As the NHRC is located in Delhi, you can approach the State Human Rights Commission situated in your state, and ask them for help.
• National Commission for Women, which is a national level government organisation that works in the protection of women from violence such as sexual crimes, domestic violence, etc.

Once you have reported the crime by filing an FIR, the officer in charge must send the details of the FIR to the Magistrate (Court), who will take note of the case without any unnecessary delay, and proceed with the investigation. This is a mandatory step that the police have to follow, as it allows the Magistrate to take control of the investigation, and if necessary give appropriate directions to the police. There may be situations where the police may conduct a preliminary enquiry before approaching the Magistrate. Such details will also have to be given to the Magistrate with the report.

When the police are done with their investigation and have found enough evidence to proceed with a criminal case, they will note down the details of their findings and they will file a charge sheet with the Magistrate. However, after the investigation if they have not found anything proving the commission of a crime, they will suggest the closing of the case by filing a closure report to the Magistrate.

After you get arrested, this is what happens:

• You will be taken to the police station and you will be under police custody.
• Within 24 hours of your arrest, you will be taken to the nearest Magistrate (Court).

While approaching the police, you can primarily use two cases by the Supreme Court of India, which are:

• NALSA Judgment (National Legal Services Authority v. Union of India): This judgment declared transgender people are the ‘third gender’, with fundamental rights, and the right to self-identification of their gender as male, female or third-gender.

Navtej Singh Johar & Ors. v. Union of India: This judgment decriminalised all consensual sex among adults in private, including homosexual sexual intercourse.

It is a crime to lock you and restrain you inside your house for any reason. No one can forcibly confine you against your will as it violates your liberty and freedom of movement. Under the law, this is known as wrongful confinement, and anyone found guilty of doing this can face jail time up to one year and a fine of Rs. 1000.

Your first step should be to reach out to government helplines, or an NGO, that can help you file a complaint with the police. You can file a complaint with the help of Section 340/342 of the Indian Penal Code, 1860.

No. Section 2(e) of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 expressly excludes such latrines if they are being cleaned by an employee using proper protective gear from the definition of ‘insanitary latrine’.

The government can appoint ‘Inspectors’ who have the powers to:

• Test latrines.
• Search premises where manual scavenging might be taking place.
• Examine people found at such places.
• Ask questions and get information about contractors or people employed as manual scavengers.
• Seize documents such as copies of registers, records of wages or notices.

Not showing documents or giving information to the inspector when asked can be considered a crime under the general criminal law. The law on criminal procedure in relation to search or seizure under a warrant would apply to searches and seizures conducted by such inspectors.

If anyone had signed an agreement with manual scavengers to employ them to clean up certain insanitary latrines, this agreement would be considered as having no legal effect. This does not mean that people who had been employed under the agreement will be jobless – the employer has a duty to employ them in another job and pay the same salary at a minimum.

Yes, any person working as a manual scavenger in an urban area can apply to the CEO of the Municipality to be identified as a manual scavenger. They can make the application at any time (during or after the survey was conducted in the area).

A child may also seek transfer to another school for any reason whatsoever for completing his/her elementary education. Such transfers may be to any school, in any state in India, except for specific category schools and unaided private schools. The head-teacher or in-charge of the previous school shall immediately issue a transfer certificate, if the same is sought. If the head-teacher or in-charge of the school delays the issuance of a transfer certificate, he/she shall be liable for disciplinary action under the service rules applicable.(( Section 5, The Right of Children to Free and Compulsory Education Act, 2009.))

Furthermore, the delay in production of the transfer certificate cannot be made a ground for delaying or denying admission to a new school.(( Provisio 1, Section 5, The Right of Children to Free and Compulsory Education Act, 2009.)) Consequently, even if they don’t have documents like a transfer certificate and age proof, children must be given admission to a school.

The children will get admission in a nearby government school.

The word ‘compulsory’ means that it is compulsory for the government to give free education to all children. It does not mean it is compulsory for parents to send their children to school.

For the purposes of admission to elementary schools under the Right to Education law, the age of the child is determined by way of an age of proof. The age of proof may include the child’s birth certificate or any other document which may be prescribed. In some cases the parents are required to confirm the child’s age by a written declaration or an affidavit. However, the child cannot be denied admission in case of a lack of proof towards age.¹

1. Section 14, The Right of Children to Free and Compulsory Education Act, 2009. Application Form For Admission In Govt./Govt. Aided School Directorate Of Education, Govt. Of Nct Of Delhi, available at, http://edudel.nic.in/upload/upload_2019_20/admission_form_28022019.PDF [↩]

If the government has made the necessary arrangements for providing pre-school education to children between the ages of 3 and 6, then the child can get pre-elementary education, however, this is not compulsory.(( Section 11, The Right of Children to Free and Compulsory Education Act, 2009.)) In case, these schools have provisions for pre-elementary education, then they need to provide the same for free.

If the government shuts down the school a child is currently studying in, in its order for shutting down, the government shall provide the directions regarding other neighbourhood schools that children of a closing school shall be admitted into.(( Section 18(3), The Right of Children to Free and Compulsory Education Act, 2009.))

In case of a failure of the government in providing for such directions, you may approach the local authorities or another neighbourhood school.

Yes. The government will pay them the amount they spend on every child or its own per-child expenditure – whichever is lower.

Governments can provide pre-school education to children between the ages of 3-6 years. However, it is not compulsory for them to do so.

They are schools which give religious education, like Madrasas and Vedic Pathshalas. They are not obligated to provide free education.

All schools run by the government or substantially aided by Government, including private schools, are mandated to form a School Management Committee (SMC). The SMC composes of the elected representatives of the local authority and the parents, with ¾th of the committee composed of parents of the children admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, based on which the school shall receive grants and measures of government planning.(( Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009.))

No government school or private school teacher can provide private tuitions under the Right to Education law in India.(( Section 28,The Right of Children to Free and Compulsory Education Act, 2009.))

Yes, the right to education law puts a duty on parents or guardians to admit their child or ward to elementary neighbourhood school.(( Section 10, The Right of Children to Free and Compulsory Education Act, 2009.)) However, the aim of the law is to put a moral obligation on the parents to send children to school and not to compel them to do the same. Consequently, no penal provisions exist for contravention of this obligation.(( The Right of Children to Free and Compulsory Education Act, 2009.))