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Home Search results for "explainer"

What are the powers and structure of the Election Commission?

By Nyaaya | Campaigning for Elections, Government and Politics | 0 comment | 19 April, 2021 | 1

The Election Commission is an autonomous constitutional authority responsible for administering Union and State election processes in India. The Commission has a separate Secretariat located at New Delhi.Read more

Is Covid-19 covered under the force majeure clause in contracts?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

Force majeure clauses1 are contractual clauses which can change or excuse the parties’ obligations and/or liabilities under a contract when an extraordinary event or circumstance beyond their control prevents one or all of them from fulfilling those obligations. For example, if a construction company had to do work for a private company, they can useRead more

What can you do if you get fake news on Covid-19?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

If someone is sharing fake news, 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. Some other punishable offences are: Publishing or circulating any statement, rumour or reportRead more

What is the punishment for violating lockdown orders?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

The punishments for violating lockdown orders are: OffencePunishmentNegligently spreading the infection of diseaseThe punishment is jail time of up to 6 months or/and  fine.1Running away from hospitals during and after the period of testing The punishment is jail time of up to 6 months or/and  fine. 1Disobeying a public servant doing their duty The punishment is jailRead more

How do you get Covid-19 vaccination in India?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

In India, the Government’s regulator for drugs CDSCO (Central Drugs Standard Control Organization) has allowed two vaccines which are: Covishield (Oxford-AstraZeneca vaccine developed in the UK) and Covaxin (by Bharat Biotech).  These vaccines have only received the permit to be used in a restricted manner for emergency situations. This means that they can be used despiteRead more

How is a Covid-19 vaccination developed?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

The Covid-19 vaccine is developed in the following manner1:  Phases of vaccine development or trial Purpose Pre-clinical phaseIn this stage, the vaccine is developed in the laboratory. Phase 1 Clinical trial (8-10 participants)Phase 1 is essential for testing the safety of the vaccine.Phase 2 Clinical trial (50-100 participants)Phase 2 is essential for testing vaccine immunogenicity i.e. production ofRead more

Which law regulates vaccines in India?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

In India, the Drugs and Cosmetics Act, 1940 regulates the manufacture and distribution of  drugs and vaccines. Authority regulating vaccines The Central Drugs Standard Control Organization (CDSCO) is the main regulatory authority. The Drugs Controller General of India (DCGI) is an official member of the CDSCO who is the final regulatory authority for the approvalRead more

How is the Government tracking people infected with Covid-19?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

The Central Government has released an official Covid-19 tracker app i.e. the Aarogya Setu app. It tracks  community transmission and traces the contact and travel history of individuals who are quarantined, using both location data and Bluetooth-based proximity tracking on users’ phones. This is one means of contact tracing. Certain states also have applications thatRead more

How is Covid-19 testing done in India?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

The following Covid-19 tests are done in India1: Rapid Antigen Test (RAT) An antigen refers to any foreign matter or viral proteins in the body that triggers an immune response. This test helps identify the antigens related to the Covid-19 virus. Antigen test, also known as rapid antigen test, is a rapid diagnostic test, butRead more

How is the Government taking action against Covid-19?

By Nyaaya | COVID-19, Health and Environment | 0 comment | 23 February, 2021 | 0

Typically, the Government response to an epidemic, such as Covid-19, involves two primary laws – the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005.  The Epidemic Diseases Act, 1897 The Epidemic Diseases Act, 1897 (“Epidemic Act”) gives the Central Government as well as State Governments the power to take special measures and prescribeRead more

How do I know if I am Being Stalked?

By Nyaaya | Sexual Crimes, Violence and Abuse | 0 comment | 21 February, 2021 | 0

Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.Read more

What is Contempt of Court?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Contempt of court is any action or writing, meant to lower the authority of a court or a Judge or to interfere with the course of justice or the lawful process of the court. The Contempt of Court Act, 1971, defines contempt of court to include two kinds- civil and criminal contempt1. A contempt proceedingRead more

What does the law say you can/cannot do?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law.  Innocent publication and distribution of matter Under the law, if a publication, like a book or article, tends to prejudice any pending court proceeding, such as publicly discussing unsubstantiated evidence, it will amountRead more

Who can file a complaint?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Anyone can file a complaint against a person who has made scandalizing remarks or otherwise stood in contempt against the judiciary1.  However, the contempt proceeding only happens between the court and the alleged offender. The complainant is only an informer, whose duty ends after informing the court. It is open to the court to determineRead more

Who does the law apply to?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

The law is meant to safeguard the public’s faith in the judiciary and its authority1. The law applies to the general public, and prohibits the public from making such remarks against the judiciary. However, this restriction won’t be applicable if the remarks come under any of the defenses given by the law.  The law restrictsRead more

Where can contempt of court happen?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Contempt of court can happen anywhere – inside court, outside court, on social media. etc. Further, contempt proceedings can be taken up by either the Supreme Court, High Court, or by Tribunals. However, the procedure to initiate proceedings will differ based on the place where the alleged contempt happens. When contempt happens before the courtRead more

What are the offences and punishments under this law ?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments1. However, such an apology should be genuine and not merely a ruse to save oneself from punishment2.  Punishment for Contempt of Court The punishment for civil and criminal contempt is the same.Read more

Who are the authorities under the law?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

The Constitution of India, 1950 empowers the Supreme Court1 and High Courts2 to have the powers to punish for contempt. This means that if a person is held for contempt against any Subordinate Court like the District Court, the respective High Courts of the State, shall have the power to punish such a person3. Here,Read more

Who can you complain to regarding a grievance under the law?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Any person can file a complaint against a third party on an alleged offence of contempt of court. Such an application can be forwarded to either the Supreme Court, High Court, or to the court of Judicial Commissioner in cases of Union Territories, in the form of a petition. However, such an application can onlyRead more

How do you file a complaint for contempt?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. According to the rules of the Supreme Court, a contempt petition should contain: The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt)1.Nature of the contemptRead more

What are the costs involved in exercising rights under this law?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

For filing a petition for contempt, a certain amount of court fees have to be paid along with it. For contempt proceedings, the court fees are determined by the rules of the respective High Court or the Supreme Court. However, in the Supreme Court, the court fees do not have to be paid for theRead more

Is there a right to appeal against a contempt of court decision?

By Nyaaya | Contempt of Court, Police and Courts | 0 comment | 19 February, 2021 | 0

Yes, a person punished for the offence of contempt of court (both civil and criminal contempt) has the right to appeal in the following ways: Punishment Passed By?Who can you appeal to?Time LimitSingle Bench of the High Court Bench of 2 or more Judges of the same High Court30 days1Bench of more than one Judge ofRead more

What are the essential conditions of a muslim marriage?

By Nyaaya | Marriage and Divorce, Muslim Marriage | 0 comment | 17 February, 2021 | 1

There are a few essential steps that need to be followed to make the marriage valid1: Proposal and Acceptance There has to be a proposal made by or on behalf of one person and it has to be accepted by the other for a valid marriage. Consent Consent is a very important criteria for aRead more

How do you register a marriage under the law?

By Nyaaya | Marriage and Divorce, Muslim Marriage | 0 comment | 17 February, 2021 | 3

Under muslim personal law, there is no compulsory requirement to get amarriage registered, although the muslim law does not prohibit registration of marriage. The Nikahnama with the Qazi is the proof of a valid marriage. 1 Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.332.[↩]Read more

Is consent required for muslim marriages?

By Nyaaya | Marriage and Divorce, Muslim Marriage | 0 comment | 17 February, 2021 | 0

A marriage of a person who is of sound mind and has attained puberty but has not given their consent, is an invalid marriage. The bride has the option to communicate her consent with a Wali who may be a relative. A Wali can be anyone chosen by the woman who is close to herRead more

ಸೆಕ್ಷನ್ 377 ರ ನಿರ್ಮೂಲನೆಯ ನಂತರ LGBT+ ಸಮುದಾಯಕ್ಕೆ ಲಭ್ಯವಿರುವ ಹಕ್ಕುಗಳು ಅರವಿಂದ್ ನಾರಾಯಣ್ ಅವರೊಂದಿಗೆ (ಭಾಗ 2)

By Shonottra Kumar | Love Laws | 0 comment | 16 February, 2021 | 1

ಪ್ರಸಿದ್ಧ ನವತೇಜ್ ಸಿಂಗ್ ಜೋಹರ್ ಪ್ರಕರಣವು ಸೆಕ್ಷನ್ 377 ಅನ್ನು ‘ರೀಡ್ ಡೌನ್’ ಮಾಡಿ ಸಲಿಂಗಕಾಮವನ್ನು ನಿರಪರಾಧೀಕರಿಸಿತು. ಆದರೆ ಈಗ LGBT+ ವ್ಯಕ್ತಿಗಳ ಹಕ್ಕುಗಳು ಏನೆಂದು ನಮಗೆ ತಿಳಿದಿದೆಯೇ? ಪ್ರೀತಿಯನ್ನು ನಿರ್ಬಂಧಿಸುವ ಕಾನೂನುಗಳು ಮತ್ತು ನವತೇಜ್ ನಂತರ ಕಾನೂನಿನ ಅಡಿಯಲ್ಲಿ LGBT+ ವ್ಯಕ್ತಿಗಳಿಗೆ ಲಭ್ಯವಿರುವ ಮಾರ್ಗಗಳ ಬಗ್ಗೆ ತಿಳಿಯಲು ಅರವಿಂದ್ ನಾರಾಯಣ್ ಅವರೊಂದಿಗಿನ ಈ ಸಂದರ್ಶನವನ್ನು ವೀಕ್ಷಿಸಿ ಈ ವೀಡಿಯೊವನ್ನು ಧ್ವನಿ ಲೀಗಲ್ ಟ್ರಸ್ಟ್ ಸಹಯೋಗದೊಂದಿಗೆ ಮಾಡಲಾಗಿದೆ Have any questions or thoughts about theRead more

ಸೆಕ್ಷನ್ 377 ರ ನಿರ್ಮೂಲನೆಯ ನಂತರ LGBT+ ಸಮುದಾಯಕ್ಕೆ ಲಭ್ಯವಿರುವ ಹಕ್ಕುಗಳು ಅರವಿಂದ್ ನಾರಾಯಣ್ ಅವರೊಂದಿಗೆ (ಭಾಗ 1)

By Shonottra Kumar | LGBTQ+, Love Laws | 0 comment | 16 February, 2021 | 1

ಪ್ರಸಿದ್ಧ ನವತೇಜ್ ಸಿಂಗ್ ಜೋಹರ್ ಪ್ರಕರಣವು ಸೆಕ್ಷನ್ 377 ಅನ್ನು ‘ರೀಡ್ ಡೌನ್’ ಮಾಡಿ ಸಲಿಂಗಕಾಮವನ್ನು ನಿರಪರಾಧೀಕರಿಸಿತು. ಆದರೆ ಈಗ LGBT+ ವ್ಯಕ್ತಿಗಳ ಹಕ್ಕುಗಳು ಏನೆಂದು ನಮಗೆ ತಿಳಿದಿದೆಯೇ? ಪ್ರೀತಿಯನ್ನು ನಿರ್ಬಂಧಿಸುವ ಕಾನೂನುಗಳು ಮತ್ತು ನವತೇಜ್ ನಂತರ ಕಾನೂನಿನ ಅಡಿಯಲ್ಲಿ LGBT+ ವ್ಯಕ್ತಿಗಳಿಗೆ ಲಭ್ಯವಿರುವ ಮಾರ್ಗಗಳ ಬಗ್ಗೆ ತಿಳಿಯಲು ಅರವಿಂದ್ ನಾರಾಯಣ್ ಅವರೊಂದಿಗಿನ ಈ ಸಂದರ್ಶನವನ್ನು ವೀಕ್ಷಿಸಿ ಈ ವೀಡಿಯೊವನ್ನು ಧ್ವನಿ ಲೀಗಲ್ ಟ್ರಸ್ಟ್ ಸಹಯೋಗದೊಂದಿಗೆ ಮಾಡಲಾಗಿದೆ Have any questions or thoughts about theRead more

Duties of Educational Institutes

By Malavika Rajkumar | Health and Environment, Smoking | 0 comment | 8 February, 2021 | 0

The owner/manager of an education institute must ensure that a board is displayed at a conspicuous place outside the institute, which states the following1: The sale of cigarettes and other tobacco products is strictly prohibited within 100 yards of the institute. The distance measured radially from the outer boundary of the institute.The punishment2is a fineRead more

‘ಆರ್ಟಿಕಲ್ 21 – ಜೀವನ ಹಕ್ಕು’ Article 21 Right to Life with Dhwani Legal Trust

By mayank | Constitution, Videos | 0 comment | 25 January, 2021 | 1

ಆರ್ಟಿಕಲ್ 21 ರ ಬಗ್ಗೆ ಧ್ವನಿ ಲೀಗಲ್ ಟ್ರಸ್ಟ್ ಅವರ ಈ ವೀಡಿಯೊವನ್ನು ನೋಡಿ, ಇದು ಸಂವಿಧಾನದಲ್ಲಿ ನೀಡಲಾಗಿರುವಂತೆ ನಿಮ್ಮ ಜೀವನ ಹಕ್ಕಿನ ಅರ್ಥವನ್ನು ವಿವರಿಸುತ್ತದೆ. ವೀಡಿಯೊವನ್ನು ಆನಂದಿಸಿದ್ದೀರಾ? ಕೆಳಗಿನ ಕಾಮೆಂಟ್‌ಗಳಲ್ಲಿ ನಮಗೆ ತಿಳಿಸಿ Artiicle 21 of the Constitution of India, 1950, guarentees the right to life and personal liberty to every person, citizen or non-citizen. Watch this video to know more about rightRead more

How to Protest Lawfully

By mayank | Constitution, Videos | 0 comment | 20 January, 2021 | 1

Protests have been an integral part of civil society movements in India since its independence and the recent political landscape has been no exception. But do you know where the right to protest emanates from and whether protesting is actually legal in India? Watch this video to learn about your right to protest, how toRead more

What are the different procedures to get married under Christian Law?

By Nyaaya | Christian Marriage, Marriage and Divorce | 0 comment | 19 January, 2021 | 0

The marriage procedure differs according to the person performing the marriage. The law does not give details of the procedure in cases where the marriage is conducted as per the rules of a particular denomination of the Church. However, when the marriage is performed by an official appointed by the Act, like a Marriage RegistrarRead more

What is the procedure for a marriage by a person licensed to grant marriage certificates?

By Nyaaya | Christian Marriage, Marriage and Divorce | 0 comment | 19 January, 2021 | 0

As per the law, a person licensed to grant Marriage certificates can only certify marriage between two Indian Christians 1, neither of them coming from the Roman Catholic faith2. Under these provisions, any two Indian Christians can marry, without preliminary notices, if they fulfill the following conditions: The bridegroom is over 21 years and theRead more

What is the procedure for a marriage by a Marriage Registrar?

By Nyaaya | Christian Marriage, Marriage and Divorce | 0 comment | 19 January, 2021 | 0

A marriage performed by a Marriage Registrar is divided into 4 stages: Stage 1: Issuing of Preliminary Notice If a couple wishes to be married by a Marriage Registrar, one of them must give a notice in person to the Registrar of the district in which the couple lives. In case they live in differentRead more

What is the procedure for a marriage by a Licensed Minister of Religion?

By Nyaaya | Christian Marriage, Marriage and Divorce | 0 comment | 19 January, 2021 | 0

A marriage performed by a licensed Minister of Religion is divided into 4 stages:  Stage 1: Issuing of Preliminary Notice  In case two persons wish to be married by a licensed Minister of Religion, one of them must give a notice in person to the Minister, stating their intention to be married. The notice shouldRead more

Who can you complain to regarding a grievance under the law?

By Nyaaya | Christian Marriage, Marriage and Divorce | 0 comment | 19 January, 2021 | 0

In case a person has given the notice to have their marriage performed by or in the presence of a Marriage Registrar, and the Registrar has refused to issue a certificate of marriage, one can approach the Court. Those residing in the towns of Mumbai, Kolkata, and Chennai can directly approach their respective High Courts,Read more

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Nyaaya - India's Laws Explained
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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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