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Home Articles posted by Nyaaya (Page 16)

Who Can File a Case for Cheque Bouncing

By Nyaaya | Cheques | 0 comment | 14 October, 2019 | 0

To file a case for cheque bouncing, certain conditions have to be met. You can file a civil or criminal complaint under the law if the following conditions are fulfilled: X owes you some money and issued a cheque to pay it. You presented the cheque for payment within the period of its validity (3Read more

Punishment for Cheque Bouncing Cases

By Nyaaya | Cheques | 0 comment | 14 October, 2019 | 0

Cheque bouncing is both a civil and criminal offence. You can file a civil suit to recover your money as well a criminal complaint to punish the person for bouncing your cheque. The proceedings for both will happen in two different cases. You can choose to file only one case or you can file theseRead more

Arrest for Cheque Bouncing

By Nyaaya | Cheques | 0 comment | 14 October, 2019 | 0

Cheque bouncing is a criminal offence and you can be arrested by the police. However, it is important to note that the police cannot arrest you without a warrant. In most cheque bouncing cases, a warrant for your arrest is issued if you do not appear before the Court after being summoned. The crime ofRead more

Intention of Drawer of Cheque

By Nyaaya | Cheques | 0 comment | 14 October, 2019 | 0

If a cheque you issued has bounced, Intention of the drawer of the cheque does not matter. It is irrelevant whether or not you intended to for your cheque to bounce. Even if the bouncing of the cheque has happened without ill intent or malice it is considered illegal and a crime under the law.Read more

Notice After A Cheque Has Bounced

By Nyaaya | Cheques | 0 comment | 14 October, 2019 | 0

Sending a notice after a cheque has bounced. Punishing the Issuer of the Cheque Send a demand notice If a cheque that you’ve received as payment has bounced, you must first send a notice to the issuer of the cheque to pay the amount that was due, along with the cheque return memo that youRead more

Cheque Bouncing

By Nyaaya | Cheques | 0 comment | 14 October, 2019 | 0

One of the ways in which a cheque is said to have been ‘bounced’ or ‘dishonoured‘ is when it is deposited or presented for payment but could not be encashed by the holder of the cheque. There are several reasons why a cheque would bounce. However, not all of them amount to a crime. ItRead more

When Can You File for a Hindu Divorce

By Nyaaya | Divorce for Hindu Marriages | 0 comment | 14 October, 2019 | 0

You can only file a divorce case if you have a reason recognized by Hindu law. These reasons can vary from ill-treatment by your spouse to your spouse suffering from a mental disorder. In India, the law provides for specific reasons under which you can file for a divorce. Ill-Treatment When your spouse has beenRead more

Approaching the Police (Criminal Complaint)

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

You also have an option to file a criminal complaint if you are being sexually harassed at work. A Criminal Complaint, if proved, will put your harasser in jail. Criminal law in India makes the following acts illegal, allowing you to approach the police by filing an FIR or making a private complaint to theRead more

Responsibilities of Universities to Prevent Sexual Harassment

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 1

Any woman (student, teaching, non-teaching staff) of any age at a University campus can file a complaint of sexual harassment. Apart from workplaces, Universities also must work to prevent sexual harassment. Colleges are required by law to have 1: Align their sexual harassment rules to the Indian law on sexual harassmentTreat claims of sexual harassmentRead more

Workplace Doesn’t Have an Internal Committee

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 1

If you belong to an unorganised sector or a small establishment that does not have an Internal Complaints Committee, you can approach the Local Complaints Committee that has been set up by the District Officer. The Local Committee accepts complaints from1: Women working in an organisation having less than 10 employeesDomestic workersWhen the complaint is againstRead more

Forming an Internal Committee

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

Workplaces with more than 10 employees are required to set up a committee that specifically handles cases of Sexual Harassment. This is known as the Internal Committee. It must have1. The Internal Committee has to follow the regulations for taking complaints and making inquiries in a reasonable amount of time. The company or institution hasRead more

Employer’s Responsibility to Prevent Sexual Harassment

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 1 comment | 17 September, 2019 | 1

Under the law, an employer has to take certain steps to create a safe work environment for women. Women in the workplace should feel safe from sexual harassment from co-workers as well as others who might just be visiting the workplace. It’s important for employers to display the sexual harassment policy of the company whereRead more

False Complaint of Sexual Harassment

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

False complaints made on purpose or fake documents given to the committee are taken very seriously. If a victim or someone acting for them does either of these things, they could be punished based on the service rules of the workplace. If there are no service rules, the action taken against them can be decidedRead more

Punishment for Sexual Harassment

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

The law does not have a single punishment for all cases of Sexual Harassment at the workplace. Instead, the Committee investigating will recommend that the victim‘s employer act according to the service rules of their workplace, if it has them1. If you have an employee handbook, please refer to that to see how your employerRead more

Compensation for Sexual Harassment

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

The amount of money that victims will receive as compensation is based on the following things1: Mental trauma and distress caused to the victim Lost job opportunities because of the sexual harassment Medical treatment (physical or psychiatric) that the victim needs The victim’s income and general financial status. The Committee can decide whether this moneyRead more

Reaching a Settlement for Sexual Harassment

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

If you do not want to take care of your sexual harassment claim through a formal complaint with the Internal Committee, then you can ask the Committee to help settle the matter through Conciliation1. Conciliation is a mutual agreement between the victim and the accused person to settle the problem between themselves, peacefully. Only theRead more

Appealing a Decision of the Internal Committee

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 3

Both the victim and the accused have the right to appeal the decision of the Internal or Local Committee. They should appeal within 90 days of the decision of the Committee1. For example, cases could be appealed when the Committee decides that: There has been no sexual harassment2 The offender should be let off orRead more

Complaining against Sexual Harassment on Behalf of Victim

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

The law takes into account that you may not be able to make a complaint of sexual harassment due to certain physical or mental issues. To facilitate justice, the law allows others to complain on your behalf. If you are unable to file a complaint by yourself because of a physical issue, a complaint canRead more

Your Privacy During the Complaint and Proceedings

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

As a victim, you have a right to keep your complaint and the things that happen after it private. The law guarantees that the following information is private1: Your identity and address The identity and address of the person you accused, as well as the witnesses Information about the conciliation (see what this means inRead more

Taking Leave or Working during Proceedings/Inquiry

By Nyaaya | Sexual Harassment at the Workplace, Work and Employment | 0 comment | 17 September, 2019 | 0

If you are sexually harassed at work and have filed a complaint, usually an Internal Committee will look into your case. While they are doing this, your employer cannot force you to keep working or take away any leave you are owed. You can use your leave and even ask the Committee for more. YourRead more

वारंट के बिना गिरफ्तारी

By Nyaaya | Uncategorized | 0 comment | 15 September, 2019 | 0

कुछ ऐसे अपराध हैं जिनमें पुलिस, वारंट के बिना आपको गिरफ्तार कर सकती है। इस तरह के अपराध को कानून में संज्ञेय अपराध के रूप में जाना जाता है। ये अपराध आमतौर पर गंभीर प्रकृति के जैसे बलात्कार, हत्या, हमले आदि होते हैं। यदि इनमें से कोई भी परिदृश्य आपके लिए लागू होता है, तोRead more

पुलिस द्वारा पूछताछ

By Nyaaya | Uncategorized | 0 comment | 15 September, 2019 | 0

पूछताछ करने वाले पुलिस अधिकारियों को, अपने पदनामों के सहित नाम के स्पष्ट टैग पहने रहना चाहिये जो सटीक हों, और साफ दिखता हो। वह पुलिस कर्मि जो आपका पूछताछ कर रहा है उसका विवरण एक रजिस्टर में जरूर से दर्ज होना चाहिए। पूछताछ के दौरान, गिरफ्तार व्यक्ति को अपने वकील से मिलने की इजाजतRead more

Love and Relationships for LGBTQ+

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 5 September, 2019 | 0

Anyone above the age of 18, has the right to love and have consensual sexual relationships with anyone that they wish to irrespective of their gender. Previously, consensual sexual acts between adults of the same gender were punishable under the law with jail time and a fine. After 2018, such sexual acts are not punishableRead more

Hurting or Injuring LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 1 comment | 4 September, 2019 | 0

If you are subjected to any violence, where you are injured or hurt, you have a right to complain and file an FIR with the police regardless of your gender or your sexual orientation.You can complain against anyone, irrespective of their gender. You can go to the police station to use these gender-neutral laws: HurtingRead more

Complaining/Reporting Problems by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

LGBTQ+ Persons can complain with the following authorities: Police Go to Police Station You can file an FIR at any police station or the one nearest to you. A friend or relative can also file an FIR on your behalf. If you are a woman or a transwoman, your statement will be recorded by aRead more

Getting Help and Support for LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

It is important to get help and support to protect yourself while complaining about any violence, harassment or discrimination you have faced. Some of the people you can approach are: Legal Support Approach a lawyer to help you with the complaint processes or if you have to go to Court.  If you cannot afford aRead more

Helplines for LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

There are several government helplines, which help by not only giving information, but supporting you through legal processes and putting you in touch with authorities. The following list provides the contact details of the national helplines across India, for the categories mentioned below:  For Violence and Harassment If you have faced any harassment or violenceRead more

Who (LGBTQ+) can File a Complaint

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

If you are facing harassment and violence, some of the laws you can use while filing a complaint are based on your gender identity. Since there are only three recognized categories under the law which are ‘male’, ‘female’ and ‘third gender’ (transgender persons), the laws that apply to you also depend on which category youRead more

Facing Harassment and Violence by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 4 September, 2019 | 0

You may face harassment or violence on the basis of: Your gender identity where you are being targeted specifically for identifying differently than the gender assigned to you at birth. For example, anti-beggary laws are used very commonly used by the police to arrest and harass transgender persons. Your sexual orientation where you are beingRead more

Getting Bail by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

When you are arrested, you have the right to apply for bail regardless of your gender identity or your sexual orientation. This right is dependant on the kind of crime you have been arrested for: In cases of Bailable Crimes If the kind of crime you are arrested for is a bailable offence, then youRead more

Custody Harassment by Police of LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

If you are arrested, you will be in the custody of the police at the police station for 24 hours, till they take you to the nearest Magistrate (Court). They can keep you for 15 more days only if they get the permission of the Magistrate. You may face harassment/violence in many ways such as:Read more

Rights While Being Arrested of LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

You are not supposed to be mistreated by police officers while being arrested based on your sexual orientation or your gender identity. So it is helpful to know the 5 rights you have under the law: Ask police to identify themselves You can ask the police to identify themselves by showing accurate, visible and clearRead more

LGBTQ+ Persons Arrested By the Police

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

When police officers want to arrest you for any crime or suspicion of any crime, they may come to your location and arrest you. While arresting you, the details of the arrest, place of arrest, time of arrest etc will be written down in an Arrest Memo. They may: Arrest you with Warrant Arrest youRead more

Difficulties in filing the FIR by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

If the police officer refuses to file an FIR or harasses you because of your sexual orientation or gender identity, then you can take the steps below:  Write a written complaint to the Superintendent of Police (SP) in writing. The SP may conduct the investigation himself or order his subordinate police officers to carry itRead more

Filing an FIR by LGBTQ+ Persons

By Nyaaya | Discrimination, LGBTQ+, Violence Based on Gender Identity and Sexual Orientation, Violence based on identity | 0 comment | 30 August, 2019 | 0

When you go to the police station to file a complaint, the details of the complaint will be written down in an FIR (First Information Report).  The FIR has to be filed by the police official and if you are a woman or transwoman, then for certain crimes, a woman police officer has to fillRead more

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Nyaaya - India's Laws Explained
  • Explainers
    • Constitution
      • Fundamental Rights
        • Right to Education
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    • Discrimination
      • Healthcare for LGBTQ+ Persons
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      • Patient Rights
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    • Marriage and Divorce
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    • Media and Communication
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      • Using Your Property Effectively (Buying & Selling)
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Andhra Pradesh

Girl Child Protection Scheme

The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

  • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
  • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
  • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

More information on this scheme can be found here.

Bangaru Thalli Scheme

Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

Assam

Manjoni Scheme

Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

More information on this scheme can be found here.

Bihar

Mukhyamantri Kanya Suraksha Yojana

Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

  • At birth: Rs 2000
  • Age 1 upon issuance of Aadhar card: Rs. 1000
  • Age 2: Rs. 2000
  • Passing 12th grade: Rs. 10,000
  • Graduation: Rs. 25,000

These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

Goa

MAMTA scheme for girl child

With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

There is an online application for this scheme. More information on this scheme can be found here.

Gujarat

Kunwarbai Nu Mameru Yojana

The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

More information on this scheme can be found here.

Haryana

Laldi Scheme

The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

More information on this scheme can be found here.

Himachal Pradesh

Indira Gandhi Balika Suraksha Yojana

Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

Beti Hai Anmol Yojana

Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

More information on this scheme can be found here.

Jammu and Kashmir

Ladli Beti Scheme

Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

More information on this scheme can be found here.

Jharkhand

Ladli Lakshmi Yojana

Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

Karnataka

Karnataka Bhagyashree Scheme

With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

  • The girl child gets a health insurance cover of upto Rs. 25,000 per month
  • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
  • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
  • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

Kerala

Education Assistance to Women Headed Families

The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

More information on this scheme can be found here.

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