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Sexual Harassment at the Workplace: A Decade of the POSH Act

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The Prevention of Sexual Harassment (POSH) Act, 2013, represents a landmark in India’s journey toward ensuring a safer work environment for women. Over a decade, the POSH Act has played a pivotal role in addressing workplace sexual harassment, providing a robust framework for victims to seek redressal. This article reviews the legal provisions of the POSH Act, its impact over the past ten years, and notable case law that has shaped its application. Background and Legal Framework Before the enactment of the POSH Act, India’s legal landscape regarding workplace sexual harassment was fragmented and inadequate. The need for comprehensive legislation was underscored by the Supreme Court’s judgment in Vishaka v. State of Rajasthan (1997), where the Court laid down guidelines, commonly known as the “Vishaka Guidelines,” to address sexual harassment at the workplace. These guidelines were treated as the law until the POSH Act was enacted. The POSH Act was enacted to give statutory backing to the Vishaka Guidelines and to provide a more structured and enforceable mechanism to handle complaints of sexual harassment. The Act applies to all workplaces in India, including government bodies, private sectors, NGOs, and even domestic workers. Key Provisions of the POSH Act The POSH Act defines sexual harassment broadly, encompassing not only physical harassment but also any unwelcome verbal or non-verbal conduct of a sexual nature. Key provisions of the Act include: 1. Constitution of Internal Complaints Committee (ICC): Every employer with ten or more employees is required to constitute an Internal Complaints Committee (ICC) at each office or branch. The ICC is responsible for receiving and investigating complaints of sexual harassment. 2. Redressal Mechanism: The ICC is empowered to conduct an inquiry into complaints, following principles of natural justice. The ICC must complete its inquiry within 90 days, and based on its findings, recommend action against the accused. The employer is bound to act on the ICC’s recommendations. 3. Confidentiality: The Act mandates that the identity of the complainant, the respondent, witnesses, and the details of the complaint be kept confidential. Breach of confidentiality is punishable under the Act. 4. Protection against Retaliation: The Act prohibits retaliation against the complainant and witnesses, ensuring they are not victimized for participating in the proceedings. 5. Employer’s Responsibility: Employers are required to create awareness about the Act, conduct training sessions, and display notices about the POSH policy within the workplace. Failure to comply with these requirements can lead to penalties. 6. Penalties for Non-Compliance: Non-compliance with the provisions of the Act can attract a fine of up to INR 50,000 for the first offense. Subsequent offenses can lead to higher fines and cancellation of business licenses. A Decade of POSH: Key Developments Over the past decade, the POSH Act has significantly contributed to raising awareness about sexual harassment and ensuring that complaints are handled with seriousness and sensitivity. However, challenges remain, particularly in the implementation and awareness aspects. 1. Increased Reporting and Awareness: The enactment of the POSH Act led to a marked increase in the reporting of sexual harassment cases. The #MeToo movement, which gained momentum in India in 2018, further highlighted the Act’s importance, as many women came forward with their stories of harassment, leading to several high-profile investigations. 2. Judicial Interpretation and Expansion: The judiciary has played a critical role in interpreting and expanding the scope of the POSH Act. For instance, in Medha Kotwal Lele & Ors. v. Union of India & Ors. (2013), the Supreme Court emphasized that the Vishaka Guidelines should continue to apply until employers fully complied with the POSH Act’s requirements. This judgment reinforced the necessity for institutional mechanisms to address complaints of sexual harassment effectively. 3. Addressing Employer’s Obligations: In Chhaya Sharma v. The Principal, Hindu College (2017), the Delhi High Court clarified that the failure of an employer to constitute an ICC or adhere to the provisions of the POSH Act could lead to legal action, including penalties. This case underscored the importance of employer compliance and set a precedent for holding employers accountable for lapses in implementing the POSH framework. 4. The Role of Quasi-Judicial Bodies: The role of quasi-judicial bodies like the National Commission for Women (NCW) has been vital in addressing issues related to sexual harassment at the workplace. The NCW has been instrumental in providing recommendations for strengthening the POSH Act and ensuring better implementation. 5. Sexual Harassment Beyond the Workplace: The Act’s application has also been extended in various judgments to cover instances where harassment occurs outside traditional office environments, recognizing the evolving nature of workplaces. For example, in the case of Dr. Punita K. Sinha v. Union of India (2021), the court recognized that harassment could occur in virtual spaces, thus expanding the Act’s relevance in the era of remote working. Recent Case Laws and Judicial Trends Recent case laws have further refined the understanding and enforcement of the POSH Act: Ruchika Singh Chhabra v. Air France India (2020): The Delhi High Court emphasized that the ICC must maintain impartiality and follow due process, ensuring that the rights of both the complainant and the respondent are protected. This case highlighted the procedural safeguards necessary to uphold the integrity of the inquiry process. Sushma Ojha v. State of Jharkhand (2022): The Jharkhand High Court dealt with the issue of whether a complaint could be made after a significant delay. The court held that while delay might affect the veracity of the complaint, it should not be a ground to dismiss it outright, especially in cases where the complainant faced significant personal or professional challenges in coming forward. Aparna Bhat v. The State of Madhya Pradesh (2021): The Supreme Court ruled that compromises in cases of sexual harassment should not be encouraged, as they undermine the seriousness of the offense. The judgment emphasized that such cases should be dealt with according to the law, ensuring justice is not compromised. Conclusion The POSH Act has undoubtedly marked a significant milestone in India’s legal framework for addressing workplace sexual harassment. However, the effectiveness …

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Lok Adalat: People’s Court

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Introduction Meaning: Lok Adalat translates to “People’s Court” and aligns with Gandhian principles. Historical Context: Recognized by the Supreme Court as an ancient adjudicatory system in India, still relevant today. Role in ADR: Part of the Alternative Dispute Resolution (ADR) system, offering informal, cost-effective, and swift justice. History First Lok Adalat: Held in Gujarat in 1982 as a voluntary, conciliatory body without statutory authority. Statutory Status: Gained statutory backing under the Legal Services Authorities Act, 1987 due to its increasing popularity. Organization Authorities Involved: State/District Legal Services Authority Supreme Court/High Court/Taluk Legal Services Committee Composition: Typically includes a judicial officer as chairman, a lawyer (advocate), and a social worker. Intervals and Areas: Organized at intervals and locations as deemed necessary by the authorities. National Legal Services Authority (NALSA) Constitution: Formed under the Legal Services Authorities Act, 1987, effective from November 9, 1995. Purpose: Establishes a uniform network across the nation to provide free and competent legal services to weaker sections of society. Jurisdiction Scope: Pending court cases or matters within the jurisdiction of any court. Disputes referred by the court or upon application by parties involved. Types of Cases: Matrimonial/family disputes Compoundable criminal cases Land acquisition cases Labour disputes Workmen’s compensation cases Bank recovery cases Exclusions: Non-compoundable offences under any law. Powers Equivalence to Civil Court: Same powers as vested in a Civil Court under the Code of Civil Procedure (1908). Can specify its own procedure for dispute resolution. Judicial Proceedings: Proceedings considered judicial under the Indian Penal Code (1860). Deemed a Civil Court under the Code of Criminal Procedure (1973). Award Finality: Lok Adalat awards are final, binding, and equivalent to a Civil Court decree. No appeals allowed against Lok Adalat awards. Benefits Cost-Effective: No court fee; refunded if already paid. Procedural Flexibility: No strict adherence to procedural laws, enabling speedy trials. Direct Interaction: Parties can interact directly with judges via counsel. Non-Appealable Awards: Ensures finality and prevents delays. Permanent Lok Adalats Establishment: Introduced through the Legal Services Authorities Act amendment in 2002. Function: Handles disputes related to public utility services (e.g., transport, postal services). Composition: Chairman (district judge/retired judge) Two other experienced persons in public utility services. Jurisdiction: Does not handle non-compoundable offences. Monetary jurisdiction up to Rs. 1 Crore. Procedure: Accepts applications before court proceedings. Aims for settlement formulation; if unsuccessful, decides on merits. Drawback: Failure to settle returns the case to the court, causing delays. Conclusion Lok Adalats provide an accessible, cost-effective, and speedy alternative to conventional courts, promoting amicable settlements. Their integration within the Indian legal system underscores the importance of traditional and community-based dispute resolution mechanisms in contemporary jurisprudence.    

Understanding the Uniform Civil Code: A Comprehensive Overview and Its Implications

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Introduction- The Uniform Civil Code (UCC) represents a significant and ambitious reform in India’s legal landscape, proposing a single set of personal laws that would govern all citizens, irrespective of their religion. The concept aims to replace the diverse array of personal laws such as those concerning marriage, divorce, and inheritance specific to different religious communities with a standardized legal framework. This move is grounded in the principles of equality and secularism enshrined in the Indian Constitution. The UCC seeks to address disparities and ensure equal legal treatment for all, fostering national unity and coherence in a multicultural society. Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. In other words, we can say that it means one country one rule. Let us find out more about Uniform Civil Code, and its pros and cons. Purpose of Uniform Civil Code Romans have Jus Civile, a legal contemporary term that upholds all the rules and principles of law derived from the laws and customs of Rome. Uniform Civil Code is followed in countries like UK, France, US (California has a Family Code that applies to all citizens, regardless of their religion). Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Egypt and Ireland. All these countries have one set of personal laws for all religions and there are no separate laws for any particular religion or community. In India, the Lex Loci Report of October 1840 emphasized the importance and necessity of uniformity in codification of Indian law, relating to crimes, evidences and contract but it recommended that personal laws of Hindus and Muslims should be kept outside such codification. Divide and Rule policy of the British Empire. Hindu’s-brahamanical customs accepted-fear of opposition from higher castes. Muslims-diverse local customs so a uniform Sharia law of 1937 enacted to govern all Muslims. However local customs were allowed to outweigh the written text of law. After independence Hindus have to follow the Hindu code bill 1956, in the form of four separate acts, the Hindu Marriage Act, Succession Act, Minority and Guardianship Act and Adoptions and Maintenance Act. Muslims and other religions were given the liberty to follow their own respective laws. For Muslims, the Shariat prevails and All India Muslim Personal Law Board keeps attempting to regulate their laws. Why Do We Need a UCC? A Uniform Civil Code is needed to ensure equality and justice by providing a single legal framework for all citizens, regardless of their religion. It aims to: Promote Equality: It ensures that all individuals are treated equally under the law, eliminating disparities based on religious or community-specific personal laws. Simplify the Legal System: By standardizing laws related to marriage, divorce, inheritance, and adoption, it reduces legal complexity and confusion. Enhance National Integration: It fosters a sense of unity and national identity by aligning personal laws with the principles of the Constitution, which upholds secularism and equality. Overall, the UCC seeks to balance the diverse needs of India’s population while ensuring fair and consistent treatment for all citizens. Shah Bano Begum v. Mohammad Ahmed Khan (1985) The Shah Bano Begum v. Mohammad Ahmed Khan case (1985) is a landmark judgment by the Supreme Court of India concerning the Uniform Civil Code (UCC). Shah Bano, a Muslim woman, was divorced by her husband, Mohammad Ahmed Khan, and was not provided alimony. She sought maintenance under Section 125 of the Criminal Procedure Code, which applies to all citizens regardless of religion. The Supreme Court ruled in favor of Shah Bano, directing her ex-husband to provide her with maintenance under the provisions of Section 125. The court emphasized that personal laws should not contradict the principles of equality and justice guaranteed by the Constitution. This judgment was significant because it highlighted the need for a uniform approach to personal laws and sparked a national debate on the implementation of the UCC. The case underscored the challenge of reconciling personal laws with constitutional guarantees of equality and protection. Danial Latifi v. UOI (2001) The Danial Latifi v. Union of India (2001) case was a pivotal Supreme Court ruling in India concerning the application of Muslim personal law in the context of alimony and the broader issue of a Uniform Civil Code (UCC). In this case, Danial Latifi challenged the validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was enacted after the Shah Bano case. Latifi argued that the Act did not provide sufficient protection for divorced Muslim women, as its limited maintenance to the period of iddah (waiting period) and did not ensure a fair and adequate maintenance beyond that period. The Supreme Court upheld the constitutionality of the Act but interpreted it in a way that required the husband to provide maintenance beyond the iddah period if the wife was unable to support herself. The Court emphasized that Muslim personal law must comply with constitutional guarantees of equality and justice. This ruling reinforced the principle that personal laws must align with the Constitution’s guarantee of equality and fair treatment, contributing to the ongoing discourse on the need for a Uniform Civil Code in India. Ms Jorden Diengdeh v. S.S. Chopra (1985) The case Ms. Jorden Diengdeh v. S.S. Chopra (1985) is a notable Supreme Court decision in India concerning the Uniform Civil Code (UCC) and personal laws. In this case, Ms. Jorden Diengdeh, a Christian, sought to invoke the provisions of the Indian Divorce Act, 1869, which governs Christian marriages and divorces. She contended that under this Act, she was entitled to relief in a divorce case. The respondent, S.S. Chopra, argued that the provisions were not applicable in the manner claimed by Ms. Diengdeh. The Supreme Court’s ruling addressed the issue of whether personal laws for different communities could be applied uniformly in a manner that aligns with the principles of equality and fairness under …

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New Amendments to the Consumer Protection Act: What You Need to Know

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Introduction The Consumer Protection Act, 1986 (CPA) is a landmark legislation in India that aims to protect the interests of consumers and promote fair trade practices. Over the years, the Act has undergone several amendments to keep pace with the changing consumer landscape and emerging issues. The latest amendments to the CPA, introduced in 2019, have significantly expanded the scope of consumer protection in India. This article provides an overview of the key amendments, their implications, and recent case laws that have shaped the interpretation and application of the Act. Key Amendments to the Consumer Protection Act, 2019 Section 2(7) – Definition of Consumer The amended Act has expanded the definition of a consumer to include any person who buys any goods or avails any service, including online transactions. This change brings e-commerce transactions within the ambit of the CPA, providing greater protection to online consumers. This is a critical step in recognizing the growing importance of the digital marketplace and ensuring that consumers who engage in online shopping are afforded the same protections as those who purchase goods and services offline. Section 2(16) – E-commerce The amended Act introduces specific provisions for e-commerce platforms, including a requirement to provide information about the seller, warranty, and guarantee, as well as a grievance redressal mechanism. These provisions aim to address the unique challenges and vulnerabilities faced by online consumers, ensuring transparency and accountability in e-commerce transactions. The inclusion of detailed seller information and clear warranty and guarantee terms helps build consumer trust in the digital marketplace. Section 2(35) – Product Liability The amended Act introduces the concept of product liability, making manufacturers, sellers, and service providers liable for any harm caused to consumers due to defective products or services. This provision is crucial in holding businesses accountable for the safety and quality of their products and services, ensuring that consumers have recourse in the event of injury or loss. By establishing clear liability, the Act incentivizes businesses to adhere to higher safety and quality standards. Section 2(46) – Unfair Contracts The amended Act prohibits unfair contracts that cause a significant imbalance in the rights and obligations of consumers and sellers. This provision aims to protect consumers from exploitative terms and conditions that they may be compelled to accept in transactions. By addressing unfair contractual terms, the Act promotes fairer business practices and empowers consumers to challenge unjust agreements. Section 10 – Central Consumer Protection Authority (CCPA) The amended Act establishes the Central Consumer Protection Authority (CCPA), a central authority to regulate and enforce consumer rights, investigate complaints, and impose penalties on violators. The CCPA serves as a powerful oversight body dedicated to protecting consumer interests and ensuring compliance with the provisions of the Act. The establishment of the CCPA represents a significant step towards more robust consumer protection and effective enforcement of consumer rights. Recent Case Laws Amazon Seller Services Pvt. Ltd. v. Amzn Exim Pvt. Ltd. (2020) In this case, the Delhi High Court held that e-commerce platforms are liable for the sale of counterfeit products on their platforms and must take steps to prevent such sales. This ruling underscores the responsibility of e-commerce platforms to ensure the authenticity of products sold through their channels, thereby protecting consumers from fraudulent and substandard goods. Flipkart Internet Pvt. Ltd. v. Ashish Kumar (2020) The National Consumer Disputes Redressal Commission (NCDRC) held that e-commerce platforms are responsible for ensuring that sellers on their platforms comply with the provisions of the CPA. This case highlights the obligation of e-commerce platforms to monitor and enforce compliance with consumer protection laws among their sellers, ensuring a safer and more reliable online shopping environment. Hindustan Unilever Ltd. v. Reckitt Benckiser (India) Pvt. Ltd. (2020) The Bombay High Court held that a manufacturer is liable for damages caused to a consumer due to a defective product, even if the product was sold through a third-party seller. This ruling emphasizes the overarching responsibility of manufacturers to ensure the safety and quality of their products, regardless of the sales channel, thereby reinforcing consumer protection. Implications of the Amendments Increased Accountability The amendments hold businesses accountable for their actions, ensuring that they are more responsible and transparent in their dealings with consumers. By imposing stricter liability and compliance requirements, the Act encourages businesses to prioritize consumer interests and adhere to ethical practices. Increased accountability helps build consumer trust and fosters a more transparent and fair marketplace. Enhanced Consumer Protection The amendments provide greater protection to consumers, particularly in the e-commerce space, where consumers are often at a disadvantage. By addressing the unique challenges of online transactions and expanding the scope of consumer rights, the Act empowers consumers and provides stronger safeguards against exploitation and fraud. Enhanced consumer protection measures contribute to a safer and more reliable shopping experience, both online and offline. Improved Redressal Mechanism The establishment of the CCPA and the expansion of the definition of consumer provide a more effective redressal mechanism for consumer complaints. The CCPA’s role in investigating complaints and enforcing consumer rights ensures that grievances are addressed promptly and effectively. Improved redressal mechanisms enhance consumer confidence and encourage greater participation in the marketplace. Increased Compliance Burden The amendments impose additional compliance burdens on businesses, particularly e-commerce platforms, which must ensure that they comply with the new provisions. While these compliance requirements may pose challenges for businesses, they also drive improvements in transparency, accountability, and consumer trust. Businesses that proactively adapt to these requirements can differentiate themselves through higher standards of consumer protection and service. Conclusion The amendments to the Consumer Protection Act, 2019, mark a significant step towards strengthening consumer protection in India. The expanded definition of consumer, introduction of product liability, and establishment of the CCPA are key features of the amendments. The recent case laws have shaped the interpretation and application of the Act, providing guidance to businesses and consumers alike. As the consumer landscape continues to evolve, it is essential that businesses and policymakers work together to ensure that the amendments are …

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Patent Illegality as a Basis for Judicial Intervention in Arbitration

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Arbitration is a method where one or more arbitrators resolve disputes and issue legally binding decisions, offering a private alternative to lengthy and complex court procedures. Efforts have been made at both national and international levels to uphold arbitration’s independence by limiting judicial review of arbitral awards. The Arbitration and Conciliation Act of 1996 was enacted to ensure minimal judicial interference and reinforce the binding nature of arbitration awards. Due to its efficiency and finality, arbitration is a valuable alternative in commercial disputes. In the case of I-Pay Clearing Services Pvt. Ltd. v. ICICI Bank Limited, the Supreme Court of India examined various sections of the Arbitration and Conciliation Act 1996. It concluded that section 34(4) of the Act, which uses the term “where it is appropriate,” allows the court discretion in deciding whether to refer a case back to arbitration. The Court clarified that “curable defects” could be corrected, but only if there is a substantive “finding” on the issue, not merely “reasoning.” Without concrete findings, reasoning alone cannot rectify an award, limiting the Court’s ability to act under Section 34(4) if the award appears patently illegal.   Historical Context Historically, judicial involvement in arbitral decisions has been significant. When India joined the New York Convention in 1960, the Foreign Awards (Recognition and Enforcement) Act 1961 governed foreign arbitration, establishing that arbitral awards could be refused if contrary to public policy. The subjective nature of “public policy” led to increased judicial intervention, contrary to arbitration’s principles of efficiency and finality. To address these issues, UNCITRAL adopted a model law aimed at regulating international arbitration with a focus on party autonomy and minimal judicial interference. The model law, which influenced the 1996 Act, aimed to unify India’s arbitration laws with global standards, reduce court oversight, and facilitate the enforcement of awards. The Law Commission of India proposed including a provision to annul an award if it contained an evident error that raised a substantial legal question. This suggestion was incorporated into the Arbitration and Conciliation (Amendment) Bill 2003, which added patent illegality as a ground for challenging awards. This includes errors in law, breaches of constitutional or statutory provisions, or conflicts with common law.   Case Laws on Public Policy and Patent Illegality Public policy and patent illegality have been shaped by key Supreme Court rulings. In Renusagar Power Plant Ltd. v. General Electric Co. (1994), the Court defined public policy as a reason for rejecting an arbitral award, establishing three grounds: India’s fundamental policy, national interests, and morality. This expanded judicial involvement with arbitral awards. In Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., the Court broadened the definition of “public policy,” incorporating the fundamental policy of India, which lacked an exhaustive definition and was subject to interpretation. This increased judicial intervention, sometimes leading to criticisms of judicial overreach. In Associate Builders v. DDA, the Court established a test for patent illegality, holding that an arbitral award could be set aside if it “shocks the conscience” of the court. The decision emphasized that an award must be based on the agreement’s terms and could be challenged if the arbitrator’s interpretation was irrational or unfair. In Ssangyong Engineering and Construction Company Limited v. National Highways Authority of India (NHAI), the Supreme Court ruled that patent illegality does not necessarily need to relate to public policy. The case of Patel Engineering Ltd. v. North Eastern Power Corporation Ltd. (2020) reaffirmed the standards for patent illegality set by Associate Builders, while distinguishing between non-compliance with contract terms and misinterpretation of contract terms.   Conclusion While the principle of finality in arbitral awards is crucial, the concept of patent illegality remains relevant to address potential errors and uphold the rule of law. It serves to protect public interest, ensure fairness and justice, maintain contractual integrity, and deter arbitral misconduct. However, it is important to avoid exploiting this principle to preserve the separation of powers and the efficiency goals of arbitration. In I-Pay Clearing Services, the Court appropriately emphasized the need for substantial findings over mere reasoning, indicating that an award without necessary findings is a serious error that cannot be enforced. However, arbitration tribunals can correct such defects in their awards.

Constitutionality Of The Electoral Bonds

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The Electoral Bond Scheme of 2018, was introduced by the Ministry of Finance on January 02, 2018, provided for donations to political parties through issuance of electoral bonds using machinery of the State Bank of India (“SBI”). An electoral bond is like a promissory note. It is a bearer instrument payable to the bearer on demand. Unlike a promissory note, which contains the details of the payer and payee, an electoral bond has no information on the parties in the transaction at all, providing complete anonymity and confidentiality to the parties. It has inserted a striking feature that it would not carry the name or any other information of the donor, thereby making the donation anonymous. It could be encashed by an eligible political party through a bank account with an authorised bank. SBI had been authorised to issue and encash bonds under the Electoral Bond Scheme and there was no limit to the number of bonds that a person or company could purchase. However, the constitutionality of the said scheme was challenged before the Hon’ble Supreme Court at multiple instances but it was finally put on record before the 5 Judge constitutional bench comprising of Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra in the case of Association for Democratic Reforms & Anr. Vs Union of India and Ors. challenging the amendments in the Finance Act, 2017, which opened the path for the Electoral Bond Scheme, on the grounds that the anonymity associated with the issuance of electoral bonds weakens the transparency in political funding and invades upon the voter’s right to information. However, a political party eligible to run campaigns must register under Section 29A of the Representation of the People Act, 1951, to receive electoral bonds. It will have a life of only 15 days, during which it can be used to make donations to political parties. The two crucial questions before the hon’ble constitutional bench was; a) whether the non- disclosure of information on voluntary contributions to political parties under the Electoral Bond Scheme and the amendments to Section 29C of the Representation of People Act, Section 182(3) of the Companies Act and Section 13A (b) of the Income Tax Act were violative of the Right to Information of citizens under Article 19(1) (a) of the Constitution of India; and b) whether unlimited corporate funding to political parties, as envisaged by the amendment to Section 182 (1) of the Companies Act infringes the principle of free and fair elections and violated Article 14 of the Constitution. The constitution bench unanimously held that the said scheme is unconstitutional and violative of the citizens right to information under article 19(1)(a) of the Constitution of India. The Bench noted that despite constitutional measures, there is great political inequality in India. This inequality is driven by money. As a result, people with deep pockets influenced political decisions. “Economic inequality”, the Chief Justice of India wrote, “leads to differing levels of political engagement because of the deep association between money and politics.” It gives large donors a “seat at the table” and allows them to influence policy. The voter, therefore, must have access to information to assess whether “a correlation between policy making and financial contributions exists”. The Bench relied on the proportionality test laid down in Modern Dental College & Research Centre v State of Madhya Pradesh (2016). In that case, a five-judge Constitution Bench of the Court had held that a measure restricting a fundamental right must have a “legitimate goal”, it must be a “suitable means” of reaching that goal, it must create the least amount of restriction as possible, and must be balanced and not have “a disproportionate impact” on the right holder. The Scheme was proposed as a tool to curb black money. The Court held that “the purpose of curbing black money is not traceable to any of the grounds in Article 19(2),” which lists reasonable restrictions to Article 19. Even if it were to accept that curbing black money was a legitimate goal, the Court said, the Scheme would have to pass the second test of being a “suitable means” to achieve that goal. The Scheme would pass the test even if it was “one of the many methods” to achieve the goal or “only partially gives effect to the purpose.” Applying the “double proportionality standards”, the court said that the clause was unconstitutional as it did not balance the conflicting right to information of voters with contributors’ right to privacy regarding their political affiliations. The Ld. Chief Justice of India further held that the “unlimited contribution by companies to political parties is antithetical to free and fair elections because it allows certain persons/companies to wield their clout and resources to influence policy making.” Giving companies this “unrestrained influence” violates the value of “one person, one vote”. The Supreme Court ordered banks to forthwith stop issuing Electoral Bonds and that the State Bank of India (SBI) shall furnish the details of Electoral Bonds encashed by the political parties. The court said that SBI should submit the details to the Election Commission of India and ECI shall publish these details on the website. Hence, the scheme of 2018 allowing anonymous electoral bonds were held unconstitutional, by the Hon’ble High Court and The CJI while reading out his judgement said that the Supreme Court holds that anonymous electoral bonds are violative of Right to Information and Article 19(1)(a) and issuance of fresh bond was prohibited. The Supreme Court said that information about corporate contributors through Electoral Bonds must be disclosed as the donations by companies are purely for quid pro quo purposes. The court held that amendments in the Companies Act permitting unlimited political contributions by companies is arbitrary and unconstitutional. The Supreme Court said infringement of the Right to Information is not justified for the purpose of curbing black money.

Court Marriage Procedure in India

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A court marriage can occur or be solemnized within the court itself within the presence of a wedding Officer and three witnesses. this sort of marriage doesn’t should necessarily include the frilly customary or ritualistic steps of the private laws of the parties to the wedding. Merely marrying within the presence of a wedding officer in accordance with the act is sufficient for a legitimate marriage. Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage is performed between an Indian male and a female regardless of their caste, religion or creed. It may also be solemnized between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the normal marriages. The parties can directly apply to the wedding Registrar for performance & registration of marriage and grant of marriage certificate. Steps involved during a court marriage in India   Information about the intention to induce married The first step of the procedure of court marriage is to notify the wedding officer of the district about your intention to marry. One can do that by filling up the court marriage form (which is mentioned in Schedule II of the Special Marriage Act, 1954). this may even be downloaded from the net. One has got to submit this kind 30 days before the date of the wedding to the officer of the district where either of the partners resides. Display of the Notice After being informed, the district marriage registrar displays the notice at a prominent place at his office for 30 days. Within this era, anyone can object to the wedding if they deem it to be illegal under the Act and eligibility conditions prescribed thereunder. Section 7 of the Special Marriage Act states that somebody who’s has an objection to the wedding intended can raise the objection within 30 days from the publication of the notice. Once any such objection is received, the wedding registrar verifies the validity of the identical. On being reasonably satisfied with the validity of the objection, the registrar will end the court marriage process therein. In such cases, the partners may appeal to the concerned district court, against the order of the wedding registrar. If there’s no valid objection, the officer can proceed with the procedure of court marriage, as per the court marriage rules. Marriage Day The bride, groom, and three witnesses need to sign a declaration form within the presence of the wedding registrar or at a location that’s reasonably near the registrar’s office (as mentioned in Section 12 of the Special Marriage Act). The declaration needs to state that the parties are proceeding with the court marriage, with consent. Issuance of Court marriage certificate If all the formalities are completed, the wedding registrar specifies the main points of the court marriage within the court marriage certificate. this can be as per provisions mentioned in Schedule IV of the Special Marriage Act. The certificate is issued within 15 to 30 days. The court marriage fees for registration The court marriage fees differ from state to state. Every state has the freedom to border its own court marriage rules and regulations. Accordingly, the court marriage fees structure also differentiates between states. Therefore, it’s advised to partners who are becoming married to test the appliance fee and other fees associated with the procedure of court marriage, before going ahead with the net application of a court marriage certificate. Usually, the court marriage fees for application are Rs.100 under the Hindu Marriage Act and Rs.150 under the Special Marriage Act. apart from this, there are some administrative and other charges one may must incur. The fee to be paid to your court marriage lawyer would rely upon the sort of case the lawyer is handling and therefore the reputation of the lawyer. a simple case is commonly cheaper. Documents required for a court marriage in India: Application form (notice within the form specified) duly filled and signed by both the groom and bride. Documentary evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate) Receipt of fees paid with reference to the applying form within the District Court Documentary evidence regarding stay in Delhi or any state of 1 of the parties for quite 30 days (ration card or report from the concerned police station Officer). Separate affidavits from bride and groom giving- date of birth, present legal status (unmarried/widower/ divorcee). Affirmation that the parties aren’t associated with one another within the degree of prohibited relationship defined within the Special Marriage Act. Passport size photographs of both parties (2 copies each) duly attested by a gazette officer. Copy of divorce decree/order, just in case of a divorcee, and death certificate of spouse in, case of widow/widower Documents required sure court marriage with an overseas national: A copy of the passport and visa A certificate of NOC or legal status certificate from the concerned embassy One of the parties should produce documentary evidence regarding stay in India for 30 or more days (proof of residence or report from the concerned SHO). Conclusion Court marriage in India provides a streamlined, legal alternative to traditional marriages, respecting the secular nature of the Special Marriage Act. By adhering to the outlined procedure, couples can ensure a smooth and lawful marriage process, avoiding the complexities and rituals of traditional ceremonies. Always consult with a legal expert or marriage counselor for guidance specific to your circumstances and to ensure compliance with all legal requirements.