Friday, June 30, 2017

Security of Indian Women Deserted Abroad!!!

The Indian ministry of external affairs receives a lot of complaints from Indian women deserted or subjected to distress by their husbands abroad. But the inefficiency of Redressal system and loyalty to social norms are reasons for every complaint are not coming in to light. The majority of women & their Children keep silence towards their struggles.

An Indian citizen who lives in abroad can file consular grievances through an e portal MADAD (Help) to address such complaints immediately with a high degree of responsibility.

Sushama swaraj launched the portal at the MEA headquarters and said that the portal seeks to significantly reform the linear process adopted to post grievances from the originator of the grievance to the concerned Embassy or Consulate of India abroad and cut down the time required for grievances to be sent from Delhi to the Missions abroad and to get them to take necessary actions. The importance of MADAD is fast forwarding of complaints, improve tracking and handling redressal and escalate unresolved cases.

After registering the complaints in the portal, his/her complaint should be kept online. The responsibility of griminess is providing to particular authorities through a color coded dashboard that would change colour if the response is not given in a stipulated time. 

There is a plan for linking the call centre to the ministry of Overseas Indian Affairs and currently working on a mobile application to let people use the system on the go. 

MEA’s grievance redressal portal receives more than 300 complaints relating to marital distress and desertion from Indian women in abroad within 7 months. That is an average of 1.7 complaints per day.

What should check before marrying an NRI? :-

  • Check boy’s marital and employment status, employer’s address, type of visa and eligibility to take spouse along. 
  • Find out his financial status, properties owned in India, home address and family background.
  • Have regular interactions with him and his family before getting married.
  • Maintain proof of marriage and a bank account exclusively in your name.
  • Know laws of foreign country and your rights there.
  • Don’t take a hasty decision on marriage or be lured by boy’s green card.
  • Avoid negotiating your daughter’s marriage through a bureau, agent or middle man.
  • Never agree to the wedding taking place outside India.
  • Turn down demands for dowry or other unreasonable demands.

Types of complaints from Indian girl who married to a NRI:-

  • Desertion by NRI husbands
  • Loss of communication with spouse after he goes abroad
  • Harassment and ill treatment
  • Request for assistance in serving judicial summons for court cases in India.
  • Assistance in obtaining maintenance and child support and child custody issues.
  • Request for revoking and impounding passport of the spouse.
The problem is mainly related to Indian women who get confined in misleading matrimony with overseas Indians. They also disregard the things going wrong in an NRI marriage. The woman’s possibility for justice is greatly constrained and complex. In a fake NRI marriage the women are being outlaying far away from home and facing lack of proper information about the localcriminal justice, language constrains, communication problems, and lack of knowledge about police and legal system. The problem is huge and it includes the issues like dowry and various other types of persecution of married women in foreign countries, marriages of convenience, concealment of earlier existing marriage by the husband before marrying an Indian woman.
How to complain against such issues:-

  • All Indian embassies will receive complaints
  • Local authorities in respective countries can be approached
  • The portal for external affairs ministry’s MADAD is
  • NCW’s NRI cell  is take complaints. 

Connect with Licit for knowing more about NRI marriage rules and supporting laws. For online legal consultation from the best lawyer, visit the biggest online legal solution or can download the app

Friday, June 23, 2017

Motor Vehicle Act in India & The must know rights of citizens

India is a country with the second largest road networks and accounts for 10% of worldwide road fatalities. Traffic regulation laws are provided under the Motor Vehicles Act, 1988. This act passed by the Parliament of India which came into force from July 1, 1989. This act is applicable to whole of India.

Road safety belongs to the state. The regulation of the Motor Vehicles Act, 1988 is under the transport Department and the transport department is one of the largest revenue earning departments. The previously mentioned Act provides in detail the legislative provisions regarding the licensing of drivers/conductors, control of motor vehicles through permits, registration of motor vehicles, traffic regulation, insurance, liability, offences and penalties, special provisions relating to state transport undertakings, etc. The Government of India made the Central Motor Vehicles Rules 1989 for exercising the legislative provisions of the Act. In addition, there are Rules of Road Regulations, 1989. The aforesaid Transport Department works with two of the concerned authorities, under Section 68 of the Motor Vehicles Act, 1988.

Law relating to Registration of Vehicle:-

  • Mandatory Registration: Under the motor vehicle act 1988, section 39, it forbids driving of any motor vehicle or any vehicle, which is not registered or no owner of the vehicle should permit driving of an unregistered vehicle in a public place which is not registered under the provision of the MV Act.
  • Jurisdiction for Application: Registration of the vehicle is done by the concerned authority on the basis of place with which the vehicle normally kept.
  • Application for Jointly owned Vehicle: Registration of vehicle can be applied by one of the owners. If the vehicle kept in one state and it kept in another state for more than 12 months, then the owner of such vehicle has to proceed towards the registration authority for assignment of a new registration mark within whose jurisdiction the vehicle is.
  • Change of Address: In the case of a change of address, the owner of the vehicle is needed to advance towards the authority within 30 days in whose jurisdiction he has shifted for recording the change of address.

Law relating to Driving License:-

·         Effective Driving License: According to Section 3 of the Central Motor Vehicle Act, 1988, nobody can drive at any public place until he holds an effective driving license issued to him authorizing him to drive the vehicle.
·         Age Limit for obtaining the driving license: 18 is the age limit for getting a driving licence. A person under age of 18 years is not supposed to get his driving licence. But a motor vehicle of engine capacity not exceeding 50cc can be driven under the age of 16 years. A person under age of 20 years shall not drive a transport vehicle.  
·         Learner’s License: The Learner’s license means a license provide by a competent authority to drive as a learner or a motor vehicle stated under a special class or description. The validity period of the learner’s license is 6 months. Learner’s license for heavy vehicle cannot be given unless he drives a light motor vehicle for past one year.
·         Power to Revoke License: In the case of a medically unfit person, licensing authority has power to revoke the license. The licensing authorities automatically do the suspension of the license of a person who has caused death or grievous hurt of one or more persons. The person should not suffer from any disability. The Registering authority has power to cancel the registration of the vehicle that is lost, destroyed or has been permanently rendered incapable for use. If the engine number or chassis number differs from RC, then also registering authority can cancel the registration.
·         Conditions under which Licensing Authority can revoke a License :
o   A person under the age of 18 years who has been granted the learner’s license is at present not under the care of such guardian.
o   Any fraud or misrepresentation in obtaining the DL
o   Driving to cause danger to public on the basis of previous conduct
o   Drunkard
o   Addicted to Narcotic Drugs and Psychotropic substances
o   Has used or is using a motor vehicle in the commissioning of offence

  • Duty to Produce License and Certificate of Registration: The driver of any motor vehicle has a duty to produce licence and certificate of registration for examination by authorities in uniform. The person also has the duty to stop the vehicle if it involved in any accident.

Other rules all should be aware about:-

  • Keep left on two-lane road.
  • Slow down at pedestrian crossings.
  • Wear helmet foe two wheeler drivers.
  • Do not park at or near to any road crossing and parking prohibited areas.
  • The registration mark on the vehicle should be visible, legible and clear all the times.   
  • Do not cross the yellow line even while you are overtaking that divide the road.
  • Do not cross the stop line.
  • Use the horn when it is necessary and does not use at any silence zone area.
  •  Divers of tractors and any goods vehicle are not allowed to carry passengers.

What all documents need to carry on vehicle while driving:-

·         Driving licence
·         Certificate of registration
·         Certificate of insurance
·         Emission test certificate
·         In case of transport vehicle: certificates of fitness and all necessary permits

Does the traffic police in India have right to take vehicle keys?

            No, it doesn’t mentioned anywhere in law that the police can pull the key of vehicles.
·         The vehicle shall be stopped cleaning only on the basis of a visible traffic offence.
·         The officer shall walk near to the vehicle and explain the reason for his vehicle has been stopped.
·         The officer can make demand for producing driving licence and other documents in a polite manner. It is the duty of the driver to keep driving licence and other documents with him while driving and produce to officer in uniform when ask for to do so. In case of failure to produce the driving licence, insurance, the registration certificate etc. the driver shall be challenged under the assumption that the said document does not exist.
·         If the driver tries to influence or frighten the officer in any manner for avoiding challenging, he can • record the same on the reverse of the original Challan form and inform the Control Room where an entry shall be made in the log book.
·         If the driver uses abusive language and uses or threatens to use physical violence, the officer can take legal action against him.

But in conclusion, if you are trying to run away, then the officer can pull out your vehicle key as primary action.

There’s a lot of misunderstandings regarding the power of traffic police. If you are a driver of two wheeler or four wheeler vehicle, you can be stopped by traffic police while you might not know what to do about it.

Connect with Licit to know more about traffic rules and your rights. For online legal consultation from the best lawyers regarding your traffic rights visit the biggest online legal solution or can download the app


Friday, June 9, 2017

Bit Coin in India; Legal or Illegal !!!

Bitcoin is in the news for a lot of reasons these days. A form of digital currency, created and supported electronically is named as BitCoin. Bitcoins are not a printed form of currency; they’re produced by people, and increasingly businesses, running computers all around the world, using software that solves mathematical problems. Bitcoin is a cryptocurrency system invented by an unknown programmer or a group of programmer’s. It was released by an unknown programmer under the name of Satoshi Nakamoto as open source software.

This system is peer to peer and transactions take place with users directly, without any intermediary. These transactions are confirmed by network nodes and recorded in a public distributed ledger called a block chain. The system works without a central repository or single administrator. Because of this, bitcoin is called as the first decentralized digital currency.

As of February 2015, over 100,000 merchants and vendors agree to receive bitcoin as payment. According to a research created by Cambridge University in 2017, there are 2.9 to 5.8 million individual users using a cryptocurrency wallet, most of them using bitcoin.

Bitcoin is acquiring 300 percent increase in its value within one year. It could be the kind of investment you may be looking for. However, in animosity of all the curiosity, many of us have wondered if it is safe to accept, store and sell bitcoins in India.

Bitcoins can’t be minted like paper currencies.  They can only be mined. There are 21 million bitcoins been created and only 16.8 million or 80 percent of all bitcoins have been mined.

How to buy Bitcoins:-

You can use various digital currency exchanges to buy bitcoin. Credit card can be used for purchase of bitcoins. In India, you can purchase Bitcoin from Zebpay exchange. Zebpay has Android and iPhone app which lets you link your bank account for quick transfers.

Buying Bitcoins can be made by making a payment to Zebpay's bank account. And can also withdraw the money to your bank account, and can track the data on Bitcoin valuation in the country.

Legality of Bitcoins in India:-

Bitcoin accepting, selling, trading or mining is not illegal by any existing law in India, however, it is not yet officially recognized in India. The Reserve bank of India or the RBI, had earlier cautioned users, holders and traders of Virtualcurrencies (VCs), including Bitcoins.

The central bank had declared that the trading or usages of virtual currency, including bitcoins are not approved by any central bank or monetary authority. It can’t be used as medium for payment.

RBI Deputy Governor R Gandhi warned against crypto-currencies such as Bitcoin. He informed as the Bitcoins possess potential financial, legal, customer protection and security-related risks. Payments by Bitcoins are on peer –to- peer basis and there is no established framework for recourse to customer problems, disputes, etc. There is no legal status for Bitcoins.

At the same time Bitcoins are not banned in the country by the central bank.  But not authorised by the central bank of India.

For online legal consultancies from the best lawyer to know more about Bitcoins and its legality visit the biggest online legal solution or can download the app