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When it comes to immovable property, inheritance refers to the transfer of a property’s ownership after the death of an individual. The ideal way to ensure smooth transfer of property ownership following someone’s death is through a will1.  However, if there is no will, i.e., an intestacy, law of inheritance applies to decide distribution ofRead more

Maternity benefit is the amount an employer pays a woman when she is going to have a child. It helps protect the rights of women employees during pregnancy and provides them with paid leave so that they can take pregnancy leave without negative consequences.Read more

Courts can take cognizance of an offence under the law upon receiving a complaint from: The Appropriate Authority for that State or Union Territory, orAn officer authorised by the Central or State Government or the relevant Appropriate Authority; orAny person who has given at least 15 days’ notice in the given format to the AppropriateRead more

If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide. Before 20 weeks It is a crime to force a woman to abort her foetus, and for a woman to abort her foetus before 20 weeks without the doctor’s approval. After 20 weeks If anyone abortsRead more

The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures. No one, including medical professionals can conduct prenatal diagnostic procedures in any place other than the registered centres. These registered centres can only employ (on payment or onRead more

Every offence under this law is cognizable, non-bailable and non-compoundable.1 OffencePunishmentViolation of the law by any medical professional or any person who owns a registered centre, or is employed in or renders their professional or technical services at a registered centre.First offence – Jail time for up to 3 years, along with a fine ofRead more

The law allows the use of prenatal diagnostic procedures in certain limited circumstances. Prenatal diagnostic procedures can be conducted to detect chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, and other abnormalities or diseases in the foetus.1 To conduct such procedures to detect the above abnormalities, the written consent of the pregnantRead more

The law prohibits the following activities: Conducting sex selection Nobody, including infertility specialists, can conduct sex selection on a woman or a man or on both, by using any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.1 The law also prohibits anybody, including a relative or husband of a woman,Read more

This law prohibits anyone from doing or allowing any sex selection procedures. 1 It regulates every person who could be involved in the process of sex selection, including: The pregnant woman;Her husband;Her relatives;The doctor or medical professional conducting the prenatal diagnostic procedure; andThe hospital/medical facility/laboratory where the prenatal diagnostic procedure is conducted. 1 Section 6,Read more

Prenatal diagnostic procedures include any gynaecological, obstetrical or medical procedures such as ultrasonography, taking or removing samples of amniotic fluid, blood or any other tissue or fluid of a person, in order to conduct any prenatal diagnostic tests for sex selection, before or after conception.1 The purpose of these procedures is to obtain material toRead more

Sex selection includes any procedure, technique, test or administration or prescription or provision of anything to ensure or increase the probability that an embryo will be of a particular sex.1 Sex selection is illegal in India and any prenatal diagnostic procedures are only allowed in limited circumstances where a doctor would require the woman’s writtenRead 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

For #NyaayaSpeaks, we spoke to Tara Bedi, the Public Policy Manager at Instagram India, to understand how you can use Instagram tools to stay safe on the platform. Have any questions or thoughts about the video? Read more about the law on online abuse and how to report it here https://archive.nyaaya.org/topic/online-abuse/Read more

Trigger Warning: The following content contains information on physical violence, sexual violence, abuse, slurs which some readers may find disturbing. How can the guide help you? The Nyaaya Guide on Medico Legal Examination for Sexual Assault helps survivors by providing a summary of the process along with some things to be kept in mind ifRead more

Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing. Rape is the crime that occurs when a man has sexual intercourse with a woman against her will or without her consent.  A man commits rape on an unconsenting woman if he1:  penetrates his penis orRead more

The sale of acid in India is governed by two levels of regulatory mechanisms: State-level Rules framed by the respective State and UT Governments Various state and Union Territory governments have framed rules for the sale of acid, including Chhattisgarh, Rajasthan, Karnataka,  Tripura, and Himachal Pradesh. 1 These rules are broadly similar, and prescribe variousRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] For crimes of acid attack, medical and rehabilitation facilities must be provided to survivors free of cost: They must be given free first aid and medical treatment. They must be provided with a medical certificate free of cost thatRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] If you are a survivor of acid attack, you can approach the following authorities: Police You can approach the police to make a complaint. You can get in touch with the police by dialing the helpline number 100. TheRead more

The crime of throwing or helping someone throw acid, is both cognizable and non-bailable. 1 A cognizable offence is a crime for which a police officer can arrest the perpetrator without a warrant. 2 Non-bailable offence is a crime for which bail is not a right and the discretion lies with the court to eitherRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] The crimes relating to acid attacks have been specified under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Anyone can be punished for the crimes given below regardless of their gender. They are: Throwing acidRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] To seek compensation under the Victims Compensation Scheme, the procedure is 1: Step 1: Filing an FIR The survivor or someone on their behalf has to mandatorily report the acid attack crime by filing an FIR. Step 2: SharingRead more

The legal process following an acid attack is: Step 1: File an FIR [Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] A First Information Report (“FIR”) can be filed in the police station against the accused. This FIR can either be filed by the survivor, their familyRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] The medical process for the treatment of acid attack survivors is: Step 1: First Steps and Immediate Treatment The survivor should be rushed to the nearest hospital to receive immediate medical treatment. The treatment must be provided free ofRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] Survivors of acid attacks have the following rights under the law: Right to Seek Medical Treatment A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issuedRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] The complaint can be filed by: The survivor of the acid attack 1 A relative, friend or acquaintance Any person who has witnessed the crime Any person who knows such an attack is going to happen The first pointRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] The law on acid attack protects all persons, regardless of their gender. Further, there are no specifications in the law in terms of the age of the survivor. 1 Therefore, an acid attack, whether carried out on a personRead more

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] An acid attack is the crime of hurting a person by throwing acid on them, administering acid 1 to that person or doing anything with acid with the intention or knowledge that it would harm the person. An acidRead 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