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Download PDF version of this Guide How can the guide help you? The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion.  What are the laws being discussed in the guide? The primary law being dealtRead more

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

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

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

How can the guide help you? The Nyaaya Guide on Inter-religious Marriages outlines the process involved if you wish to enter into an inter-religious or inter-faith civil marriage. Under the Special Marriage Act, 1954, two people belonging to different religions can get married without converting to another religion. This guide summarises the legal and proceduralRead more

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

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

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

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

Under Christian law, a minor is defined as someone below the age of 21 years, and is not a widow or widower. In case one of the parties intending marriage is a minor, they would require the consent of their father to get married. If the father of the party is not alive, then theRead more

The Indian Christian Marriage law, which governs the law of Christian marriages, is applicable throughout India, except in the  states of Travancore-Cochin and Manipur.  In Manipur, Christian marriages take place through customary rules and personal laws. Travancore-Cochin is currently part of the Indian states of Kerala and Tamil Nadu. In the Cochin area of Kerala, ChristianRead more

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

Time of Marriage A Christian marriage can only be performed between 6 AM and 7 PM1. However, priests from the Church of England, Church of Rome, and the Church of Scotland can perform a marriage beyond these hours, as long as it is according to the rules and customs of their Church. Moreover, priests fromRead more

Given below are the offences under the Christian Marriage law: Giving a false oath or declaration If anyone, for the purpose of their marriage, gives a false oath or declaration, or signs a false certificate or notice of marriage, they will be punished with up to 3 years of jail time and fine1. Offences regardingRead more

Irregular marriages are those marriages where certain conditions are not followed. Usually, such marriages are considered to be invalid from the start. However, the law states that in case there are irregularities, the marriage will not be invalidated, rather it will be rectified1. Given below are some of the reasons for which a marriage mayRead more

The following persons can perform a Christian Marriage under the law: Any person who has received the ordination from their church to be a priest/minister1.Any clergyman of the Church of Scotland2.Any Minister of Religion licensed under the Indian Christian Marriage law to perform marriages3. A Marriage Registrar appointed under the Indian Christian Marriage Act. The marriageRead more

Any two persons, where one or both participants are Christians, can get married under Christian law1. In the eyes of law, any person who truly believes in the Christian faith will be a Christian2. Whether or not they have been baptised into the faith need not determine their status as a Christian. Rather, the lawRead more

Proof of a pregnancy, miscarriage, abortion or tubectomy operation is necessary if you want to claim maternity benefits. You can prove the fact that you are pregnant, had a miscarriage, abortion, tubectomy operation or suffered an illness arising out of these procedures if you produce a certificate to that effect from any of the following1:Read more

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy. If the woman dies before receiving the maternity benefit or amount, the employer shall pay the amount to the person nominated by the woman in the notice given by her.  1 The amount payableRead more

If your employer has withheld any payment or maternity benefit from you or has dismissed you on account of your maternity leave, then you can approach the following authorities: Inspector You can approach the inspector to make a complaint. The inspector may make an inquiry on his own or after receiving a complaint, and passRead more

You cannot be dismissed or fired by your employer during or due to your maternity leave. 1 Keep in mind: During your maternity leave, your employer cannot change your condition of work to your disadvantage. For example, your employer cannot demote you at work just because you took maternity leave. If you are fired orRead more

Other than the maternity pay and leave, women are entitled to other benefits. These benefits such as nursing breaks and creche facilities allow women to make an easier transition back into work after their maternity leave. Nursing breaks If you return to work after your delivery, you can take 2 breaks of 15 minutes eachRead more

The employer must pay you your maternity benefit before your delivery. 1 For this, you have to give your employer a written notice to state your claim to the maternity benefit. Given below  is a checklist of information that should be in the notice: You have to state that you will not work for anyRead more

Employers have to pay women for the period during which they are absent from work as a result of their pregnancy. This is known as a maternity benefit. 1 An employer has to pay you for a period starting from the day of your delivery to six weeks afterwards. This period also includes the dayRead more

Employers are people appointed by the government or the local authorities to supervise and control the employees of an organization. These employers have ultimate control over the establishment. 1 If no person is appointed as the employer, then the head of the department or the chief executive officer of the local authority will be consideredRead more

The Maternity Benefit Act will apply to you if you work in any of the following workplaces: Any establishment such as a factory, mine or plantation, including government establishments 1 Establishments employing people for the exhibition of equestrian, acrobatic and other performances 1 Shops or establishments employing  10 or more people and which is coveredRead more

You are entitled to leave from work when you are having a child. However, this differs based on certain circumstances: If you are pregnant for the first time or you already have one child You can claim a maximum of 26 weeks of leave if you are pregnant for the first time or if youRead more

You can seek maternity benefits if you are a woman and if you are: Pregnant for the first time Pregnant with one child or 2 children already Adopting a child below the age of 3 months 1 Having a child through a surrogate 2 Recovering from a miscarriage, abortion or tubectomy operation You can enjoyRead more

You can complain against both men and women for domestic violence. You can complain against the following:  Your family: You can complain about your family, if they are subjecting you to domestic violence, in the following circumstances: If you are related to the harasser by blood, you can file a case against them. For example,Read more

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. In order to seek relief for domestic violence under the law, you need to prove that you have a domestic relationship with the harasser. A domestic relationship means that you are related in any of the following ways withRead more

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. An act of domestic violence can happen anywhere. It need not always be confined to the house you are living in.1 Domestic violence can take place anywhere, like your place of employment or education, your child’s school, the marketplace,Read more

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter1 i.e. any woman, regardless of her religion or caste, can fileRead more

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. You live in a shared household with your harasser if you:  Have lived with the harasser  In order to seek protection and relief, you must live, or have lived at some point of time, with your harasser in theRead more

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. Domestic violence can be of many different kinds and in many form, such as verbal, sexual, etc. Given below is an indicative list of signs of domestic violence. You can get protection and go to Court if you, orRead more

Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing. Domestic incident report (DIR)1 is a report that is made on receiving a complaint of domestic violence from a woman. This report can be made by either a Protection Officer or a service provider. The DIR will contain detailsRead more