...Domestic Violence, Women & Law in India Enforced by the social construct that women are weaker than men, domestic violence, the abuse of power by a person in relation with another using physical or psychological means, prevails all over the world. In India, every third married woman has been a victim of domestic violence, according to the National Family and Health Survey (2007). The lack of education and awareness about domestic violence in a male-dominated society along with the mindset and a police force not willing to interfere in the private lives of families led to an increase in such instances. The women are told to not complain about any difficulty they face by their own families and any woman who gathers the courage to complain is looked down upon by the members of her community. Before the enactment of the Protection of Women from Domestic Violence Act 2005, the only legal remedies in the Indian Penal Code a victim could use were Section 498A and 304B which relate to cruelty against a married woman and dowry death, respectively. However, they failed to fill the void for which legislation that dealt exclusively with domestic violence was needed. The Protection of Women from Domestic Violence Act, with 37 Sections and 5 chapters, was lauded as an essential change in the kind of legal protection provided to women by the law. The act showcases that changing trends in the society are not left unnoticed by the government and recognizes the relationships ‘in the nature...
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...ORIGIN OF TRIPLE TALAQ: BEING THE UNDESIRABLE INNOVATION IN SHARIAT LAW If any divorce, which does not conform to Talaq al- Sunnah is deemed to be an innovation or Biddat and is, therefore, called Talaq al-Biddat. It is a fact that Holy Prophet strongly condemned Biddat form of divorce and did not sanction it even tacitly at any point of time in either form. But in the course of time, it came to be considered a valid and legal form of divorce. Moreover, it assumed many other forms in second century and came to be recognised as an effective divorce. Now-a-days under the Sunni law, Talaq al-Biddat is to pronounce three irrevocable Talaq at the same time in the same period of Tuhr and is commonly called "Triple Talaq". It is the most disapproved form of giving divorce. It is highly disliked and condemned being declared to be sinful even though its prevalence is tolerated and same is considered legally effective in...
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...(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. GENERAL INFORMATION ABOUT SECTION 498A- 498A can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable (you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these...
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...coming into effect in 1972, India conveyed a strong message that it cared for the health of pregnant women who wanted to safely terminate their pregnancies. Yet, even four decades later, many women are still unaware that abortion is legal. Even access to safe abortion centres is severely restricted, especially in rural areas. As a result, there is a great mismatch between the number of abortion seekers and MTP-certified providers and centres. According to a 2008 study in Contraception journal, nearly three-quarters of abortion-certified facilities are in the private sector. Add to this the stigma and discrimination that women seeking abortion face, and it is not surprising that a large number of women still turn to unskilled providers to perform abortions using unsafe methods in unsuitable settings. In 2010-11, over six lakh abortions took place in government-approved institutions. The number of unsafe abortions taking place every year is not known. According to a 2008 WHO report, about “two thirds of all abortions” that take place in the country are outside authorised health facilities. As a result, abortions cause an estimated eight per cent of maternal deaths in India — a majority of which are due to unsafe procedures — according to the Registrar General of India’s data. To complicate the situation further, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 meant to prevent sex determination to avert female foeticide can work at odds with the...
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...a woman. Discrimination of women can start as early as childbirth. According to www.dosomething.org UNICEF reports, “Where there is a clear economic or cultural preference for sons, the misuse of [pregnancy diagnostic tools] can facilitate female feticide.” This means that in certain countries like China families will abort or give their child up for adoption for being a girl. Over 90% of females in Egypt, Sudan and Somalia and, widely spread in Africa are made to have genital cutting done. This process is where the clitoris and labia are cut off young girls as early as the age of four. Certain religions believe that sexual intercourse is not to be used for pleasure but only for child bearing however, this procedure is extremely painful to the girls who receive. Women have been fighting for equality for many years according to www.equalrightsadmendment.org the first visible public demand for equality came in 1848.This took place at the first Women’s Rights Convention in Seneca Falls, NY. Elizabeth Cady Stanton and Lucretia Mott who met while working against slavery organized it. These two women convened a two-day meeting consisting of 300 men and women to fight for woman for justice in society. It was not until after the Civil War that women were included by a new amendment in the constitution. This was the 14th amendment that defined all citizens as "all persons born or naturalized in the United States" and guaranteed equal protection of laws. The 15th amendment stated that...
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...addition to our survey results, in collaboration with select law firms across the world, we have included a brief summary of the law from around the world, including significant recent developments. Please note that the information provided in this survey is not intended to be, and shall not be construed to be, the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the firm, our lawyers or our clients. No client-lawyer relationship between you and the firm is or may be created by your access to or use of this survey or any information contained in it. Proskauer Rose LLP (Proskauer) is not obligated to provide updates on the information presented herein. © Proskauer Rose LLP. All Rights Reserved. Social Media in the Workplace Around the World 3.0 When we published our first survey in 2011, there was a sense of novelty and even mystery about social media usage in the workplace. There was a strong perception that social media and business did not mix. The art of harnessing social media for business lacked the sophistication and prominence that it now has. Today, business use of social media is mainstream. This shift from novel to normal in business is backed up by our survey results – 90% of businesses now use social media for business purposes. The near ubiquitous use of social media for business has led to a maturing appreciation of workplace risks arising out of its misuse – the more that people use social media for business purposes...
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... We live in a world that has acknowledged man's outright control over another. The unjustified exchange and subjugation of individuals in the twenty first century mirrors a ruffian situation which affirms that the best moral test confronting the globe today is sex trafficking. Sex trafficking is composed of two viewpoints: first is sexual slavery and the second is human trafficking. These two things show the supply and demand side of the sex trafficking industry, individually. This misuse depends on the communication between the traffickers offering a casualty (the individual being trafficked and sexually abused) to clients to perform sexual services. These sex trafficking violations are characterized by three stages: securing, development, and misuse. The different sorts of sex trafficking are youngster sex tourism (CST), household minor sex trafficking (DMST) or business sexual abuse of kids, and prostitution (Farley). The circumstances that sex trafficking casualties face fluctuate significantly. Numerous casualties turn out to be impractically required with somebody who then strengths or controls them into prostitution. Others are tricked in with bogus guarantees of a vocation, for example, demonstrating or moving. Some are compelled to offer sex by their parents or other relatives. Human trafficking happens when a trafficker...
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...We need truth in order to live. Although sufficiently available to us, truth has become elusive for many people. So how is it that we need truth but not seem to find it? The answer lies in our rejection of the underlying order of the universe, which we speak of as law. For us to recognize law is to recognize truth. It is law that causes the earth to revolve around the sun and men to bleed when cut. It is also law that speaks from our inmost depths, commanding the love of God and neighbor, the honor of parents and the protection of our children from harm, to the cost of our lives. The articles on this page touch on various topics. In one way or another, however, they all deal with the moral law, particularly with regard to the protection of innocent human life. It is our hope that these writings will assist those in the trenches who are fighting the "good fight," as well the many who are confused about truth and law and have lost their way. What About Abortion An essay written by Larry Bohannon. This essay briefly explains the realities of abortion, and is written for college students and young adults. Evil in Our Time An essay on abortion by Larry Bohannon. This essay answers the questions: why has the tragedy of abortion happened in our time and what can we do to stop it. Pro-Life Speech on the National Sanctity of Human Life day A speech by Larry Bohannon presented to Garden Oaks Baptist Church in Houston Texas for the 2003 National Sanctity of Human Life...
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...the technique of prevention as well as causation. To start with, with regards to the problem connected with girls as offenders connected with seductive companion assault, this literature discussed ways in which these girls end up in that place. One locating displays any path leading through victimization for you to incarceration. The reference is aligned with the study under discussion for the reason that it specifically deals with the issue of domestic violence and provide handful of knowledge regarding that particular issue from a broader perspective. Arbetman, P. Lee, McMahon, T. Edward, Edward L. O’Brien., (1994), “Street Law: A Course in Practical Law”, 5th Edition. West Publishing Company. Street Law: A Course in Practical Law is the premier-law associated knowledge textual content coming from Avenue Regulation, Inc., a worldwide innovator inside law along with civic knowledge. Prolonged the best textual content with this industry, Avenue Regulation will probably participate individuals by way of their by using appropriate info along with interactive methods. Pupils attain some...
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...It is important for us as Americans to stand for the rights we are given to bear arms. Considering the fact that we are at the mercy of compromising our safety one way or another, it is important to consider the facts and take a stance. Adults should be permitted to exercise their right to conceal carry because it discourages crime and is another form of protection for the people. In addition, the majority of Americans support the second amendment to the United States Constitution. The majority of adults who do choose to carry weapons are law-abiding and by no means misuse the rights that are given to...
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...oriented around her family. For this ambitious woman, it’s quite clear that abortion is the only way out. So, she has the abortion and continues on with her desired life. It is this type of situation that results in well over one million abortions every year. For some people this might seem quite normal but the problem here is that women shouldn’t be forced to choose between one way of life or the other. In my opinion they should be able to have children as well as fulfil their dreams. Most importantly, women should not have to have an abortion as part of that choice. To blame is a society, a society where women are forced into changing themselves in order to meet the “standards”. I mean after becoming mothers, women are at a risk of not getting into their desired job for example most mothers can’t get into the film industry. Many people in our society complain about society’s stereotypical view of women, but what they often forget is that the same society prefers women who are not pregnant over women who are. Take the workplace as an example where pregnant women and mothers of young children as treated as second class employees. Since many women today, who want...
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...P1 Public Health Strategies in the UK and their origins. In this article I am going to describe the key features of public health strategies as they relate to current times in the UK. -Monitoring the health status of the population. This strategy involves keeping track of people’s health/keeping an eye on everyone though statics. By tracking changes in the health of the population health professionals are able to alert people to potential problems, for example regular check-ups, at doctors for asthma or Dentist to check up on teeth and make sure they are in good condition plus Orthodontic. Also the NHS provide a free midlife MOT to check people aged between 40-74, to make sure they are in good health and to help reduce the number of elderly who suffer with high blood pressure. Also for HIV, they monitor the health of the population with HIV tracking the number of people with HIV within the population. This helps the NHS find out the population of people with HIV in order for them to take further actions. -Identifying the health needs of the population. This strategy involves identifying health needs, including those that are common problems/ illness that are considered a major problem. For example identifying the illness and providing support through services or medicine, advert are a great way that can get you aware, and provide you with health awareness that is common in the population. Doctors for example monitor the health status of...
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... History 1. 1857 a. Established National Teachers Association (NTA) b. Initially only 100 members 2. 1866 c. Women were allowed to join 3. 1870 d. Became National Education Association B. Current Status 1. 3.2 million members 2. Largest professional employee organization 3. Largest union in America II. Legal Issues/Obstacles A. Shows more support for the Democratic Party B. Puts interests for its teachers ahead of students C. Fails to discipline “bad” teachers D. Embezzlement E. Force non-members to pay dues III. Federal/State/Local Laws Broken A. Child Online Protection Laws (all levels) B. Federal Laws a. Child Protection b. Child Welfare c. Misuse of monies C. State Laws d. Educational Law IV. Minimizing Litigation V. A. Proper Job Description 1. Employees/members know their required duties 2. Union representatives know their duties A. Conducting Regular...
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...Employers as well as employees share the responsibilities of assuring safety, health, and welfare in the workplace. On December 29, 1970, President Richard Nixon signed into law the Occupational Safety and Health Act of 1970 later in 1971 Congress created the Occupational Safety and Health Administration (OSHA) with a mission to assure safe and healthful working conditions for working men and women by enforcing as well as setting standards and providing employees with training, outreach, education and assistance. Under the Occupational Safety and Health Act of 1970 employers gained the responsibility of creating a safe and healthful workplace for their employees. The Occupational Safety and Health Administration (OSHA) coverage is set to cover private sector workers, state, local government, and federal government workers. In all 50 states OSHA covers private sector employers and employees with the exception of the District of Columbia including other U.S. jurisdictions either directly through Federal OSHA or through an OSHA approved state program. Local government employees and state employees are not covered by Federal OSHA, but receive protection under the Occupational Safety and Health Act of 1970 if they work in a state that an OSHA approved state program in place. There are four additional states including one U.S. territory have OSHA approved plans in place that cover public sector employees only. The states and territory includes: Connecticut, Illinois, New Jersey...
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...University of Phoenix Material Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. | | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | | |Discrimination in the work place on |Griggs vs. Duke Power Co. prohibits |That organizations cannot discriminate|This Act gives a person equal | |Civil Rights Act of 1964 |race and sex based on hiring, |intentional job discrimination and |upon a person because of his or her |opportunity regardless of the color of| | |promoting, and firing |employer practices that have |race, or sex |skin or male/female in a working | | | |discriminatory effects | ...
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