Confused about rights of your intellectual property??

Intellectual Property Rights:-

Intellectual property rights are the legal rights provided to a person for his creation of the intellect. A monopoly will be assigned to the owner for his or her creation legally. Legal rights are allowed to a person for any invention or discovery, any creative or artistic works, phrases and symbols, literary work or words, designs for a specified period of time etc. By this law, owners have the privilege to use their property without any disturbance and can prevent the misuse of their property. In India, Intellectual Property is ruled under the Copyright Act, 1957; Patents Act,1970; Trade Marks Act, 1999; Designs Act, 2001, etc.

Intellectual property rights include Trademarks, Trade Secrets, Copyrights, Patents, Industrial Designs, Layout Designs of Integrated Circuits and Geographical Indications. The inventor of any invention, or a literary or a mark or creative work consumes money and time for creating the Intellectual Property. So they should also be allowed for certain rights like claiming remedies for the infringement, exclusive use of their invention or etc.

Patent:-

If a person made a new invention in any field, it is important to protect the invention from getting exploited by anybody other than that inventor. It is possible by obtaining a patent for that invention to the inventor. Patent allows exclusive right to the patent holder so that the inventor can utilize his invention and can move legally against anyone who uses his invention without permission.

A patent allows the right to stop others from selling, manufacturing, copying and importing the invention without the patent holder’s permission. The patent also grants licensing the invention to someone else but retaining all the Intellectual Property Rights, selling the invention and all the Intellectual Property (IP) rights, discussing the invention with others in order to set up a business with reference to that invention.

Trademarks:-

Legally registered or established sign will enable to distinguish the goods and services of the trademark holder from competitors. It can be logos, words or a combination of both. A trademark may be registered or unregistered. Registering a trademark provides exclusive legal rights to trademark holders to use the mark to his goods and services. Symbol ® can be used as registered trademark and no other parties can use this symbol other than the trademark holder.

If people use registered trademark without permission of holders, it is an offence and allows the police to take criminal charges against counterfeiters. The registered trademark is the property of trademark holders and they can sell it, or let other people have a license that allows them to use it.

Unregistered trademark holders can also protect their rights by the common law action of passing. But they must be able to prove that the trademark belongs to him.

Copy right:-

Copyright is a legal right that allows the creator of original work for exclusive rights for its use and distribution for a limited period of time. The exclusive rights are not complete, but limited by limitations and exceptions to copyright law, including fair use. Copyright protects the original expression of idea not underlying ideas themselves. Copyright is applicable to certain creative works. If the owner is getting work done or developed through third parties, the owner will get copyright over such work only if the owner has a contract or agreement clearly assigning such rights in the owner’s favor.

Trade Secrets:-

Trade secrets are extremely valuable for the company’s growth and survival. A business must ensure that they adequately protect their business process and know how to keep confidential information from competitors. A trade secret is any confidential business information which provides a competitive edge in business. The unapproved use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret.

Intellectual property Infringement:-

Intellectual property infringement is a breach of intellectual property rights i.e, infringed when a work which is protected by intellectual property right copied or exploited without having proper permission from the person who owns the right.

Patent Infringement:-

A patented product can be used after seeking permission from the owner. The permission will be granted in the form of license. Patent infringement is the act of consuming a patented invention without consent of the patent holder. Persons involved in making, using, selling, distributing, importing or offering any of the above may be held liable for infringement.

Patent Infringement Remedies:-

A court can order the infringer to stop making use of the patented invention by issuing an injunction. A suit for infringement of a patent has to be filled in district court or high court. Only the High Court has the jurisdiction to entertain the matter when a counterclaim for revocation has been filed against the same. But when the patent expires, any party is free to make use of the product.

Trading Infringement:-

Trademark infringement is the unapproved use of the trademark or service mark by a person other than the trademark owner and it's used on competitive product or services.     

Trademark Infringement Remedies:-

There are two types of remedies are available for unauthorized use of trademarks. These remedies are an action for passing off in the case of an unregistered trademark and an action for infringement in case of a registered trademark. Both are quite different from each other. An infringement action is a statutory remedy and an action for passing off is a common law remedy. The proprietors of the trademark and licensed users can initiate criminal prosecution against the infringers. Criminal remedies available for the offence and suit for the offence can be filed before the magistrate within whose territorial jurisdiction the offence is committed or the Police can register an FIR and prosecute directly. In addition requisition of goods and machinery, the Code of Criminal Procedure, 1973, also provides for the imprisonment starting from six months, which can be extended to three years or a fine of Rs. Fifty thousand to two lakhs or both.

Copyright Infringement:-

Copyright infringement is the use of work protected by copyright law without the permission. It violates one of the copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted work or to make derivative works.

Copyright Infringement Remedies:-

A suit for copyright infringement can fill in a District Court or a High Court. The suit has to be filled within whose territorial jurisdiction the cause of action has arisen. Copyright infringement is a non bailable offence and it is punishable with an imprisonment of six months, which can be extended to three years or a fine not less than fifty thousand which can be extended to two lakes.  Civil remedies imply that the injunctions against future violations, civil raids & seizures, delivery up/ discovery of infringing material / documents, damages or accounts of profits. Administrative Remedies available to the copyright, trademark and patent which include bans on the import or export of goods including protection of patents, delivery to the owner and Restrictions against parallel importation of goods and trademarks and copyrights confiscation of infringing material by Excise Authorities.

For online legal consultation regarding Intellectual property issues or to know more about the intellectual property rights and infringement remedies, visit the biggest online legal solution www.licit.ooo or download the app from playstore https://goo.gl/L8GeYk  

Need for Apartment Association & Resident Welfare Organization!!!

Apartment Association:-

An Apartment Owners Association (AOA) is a supremacy that secures the rights of the apartment owners, keeps the facility in the apartment and works for the welfare of the residents of the apartments by conducting events or awareness programs.

Apartment associations in India are established by a voluntary association of the owners of a particular apartment in India.

Apartment association is not to gain or a profit organization, but purely to take the best care of the residents of the apartment and intercept them from suffering any discomfort.

Registering of Apartment Association is not necessary, but it is necessary for getting any legal help easily. If we approach a court for such small issues it might take several months or even years to sort out such disputes as the court will be dealing with many other bigger disputes to take care off. A registered apartment owner’s welfare association will help work as an arbitrator and helps in resolving the dispute without any legal interference.

Aside from central laws like the Apartment Association Act and the Societies Registration Act, there are local legislations in different cities. You would have to form the apartment owners association under the local legislations.

Key points to remember while forming Apartment owners association:-  

• For forming an association minimum of 7 members are required. Out of these 7 members need to be appointed as office bearers and others to make sure that the Association is managed properly. The office bearers are responsible for the rest of the Association and to the members of the Apartment as a whole.
• A memorandum has to be created and the memorandum should contain the objectives and the name of the society, addresses and occupations of each and every member of the Association. This is for clarity in the operation of the organization.
• The bylaws or the rules control the conduct of the affairs of the society will be made. These byelaws are critical in the management of the society. The memorandum and the bylaws have to be printed or typewritten and have to be signed by the members.
• The memorandum and the bylaws will be filed with the registrar of the societies perturbed by a member of the committee of the society. Regular updates to help prevent any questions being raised as to the correctness of the operations of the society.

The memorandum and bye-laws of an apartment association are important to the operation of the Association. Make sure that the association creates these documents with due care and caution.

Ensure that all members of the apartment association are informed of the existence of the association and the maintenance charges payable, if any. Most discourse arises due to the residents are not made aware of the rules and charges. The association meetings and activities should be conducted regularly.

Resident Welfare Organization:-

A Resident Welfare Organization (RWA) is the registered group of residents of a certain locality. RWA is organized to develop the particular locality only. The functioning area of a Resident Welfare Organization (RWA) is very limited, not even a complete state. In most cases a Resident Welfare Organization (RWA) functions only within a small defined residential area

For a new residential area a registered Resident Welfare Organization (RWA) is very important to association with government on behalf of all residents. A productive and well organized Resident Welfare Organization (RWA) is necessary to have a proper garbage disposal, security, utility services and other services.

What are the benefits of registering an Apartment Society? :-

• The registered society can easily initiate the legal proceedings. The Society can sue or be sued in its own name.
• The process of imposing healing measures for defaults and other actions of defaulting or erring members is also well set and will ease the obtaining of interim measures without waiting for formalities to be completed.  
• It is easy for Opening a bank account and other bank operations.
• Tax formalities are also easy with registered apartment society.
• A registered Apartment Society has to audit file and various records mandatory. This will be helpful in maintaining clarity of the affairs of the Society. This will also serve as a back up and can be extremely helpful in handling long pending matters or matters where reference has to be made to the earlier bye-laws or records.

To know more about registration of apartment association or welfare society or For any online legal consultation from the best lawyer, visit the biggest online legal solution www.licit.ooo or can download the app https://goo.gl/L8GeYk

Submit Proof for your HRA exemption Claims: Says IT dept.

 For all who out there claiming tax deduction on Fake HRA, you have a bad news! The Income tax  department has decided to change the rule and make it tough from now on.

The tax sake on HRA is accessible only to a salaried individual who has the HRA component as part of his salary structure and is staying in a rented housing. HRA can be moderately or fully free from taxes. Self-employed professionals cannot claim the deduction. 

The tax reduction on HRA is the amount that is the base under these three options:

1.         Actual HRA that you get;

2.         50 per cent of your basic salary and dearness allowance if you are living in a      metro. It is 40 per cent if you are living in a non-metro city

3.         Actual rent paid by you is 10 per cent of the salary.

Pan card is mandatory if they paid more than 8,333 /- per month. This permits the taxman to examine if your landlord has given the details of the income from house rent in his/her tax return.

For almost every employee, HRA is a common component of their salary. HRA is part of salary but it is not entirely taxable like basic salary. Depends on certain conditions, a part of HRA gets exempted under Section 10 (13A) of the Income-tax Act.

Section 10 (13A) of the Income-tax Act:-

Section 10(13A) of the Income Tax Act provides for indemnity on HRA. The Income Tax Act exempts a part of HRA under section 10(13A) read with 2A, with some specific conditions. In which city the Assesse is living will also define the amount of exemption eligible under section 10(13A). There is also a special exemption HRA clause for Supreme Court and High Court Judges. Section 10(13A) of the Income Tax Act is very prominent distribution among the salaried employees.

Producing Fake receipts for HRA reduction:-

Many of tax payers used to produce fake rent receipt for getting HRA for tax reduction. There may soon be unpleasantness for those who have been producing fake rent receipts to save income tax.

Fake receipts won’t help reducing tax burden. For as long as anyone can fabricate fraud receipts such as fake property rent receipt, often from parents and relatives, has been an easy way to reduce tax burden. This ignorance for tax rule failed to notice by employers as well as taxman. This could be a major offence from now on.

The income tax department has a now a good reason for demanding on proof from the tax payer showing that he is really a genuine tenant, staying in property is question.  A tax payer who receives rent allowance from employer could make a relief of 60% on tax by generating sham rent receipt.

According to a current board of ruling, the assessing officer can now request for letter to the housing co-operative society informing about the tenancy, leave and license agreement, electricity bill, water bill etc. as proof in granting a lower taxable income as enumerated by a salaried employee.  

There are some norms put forward by the income tax appellate tribunal for the assessing officer to contemplate the claim of salaried employees if required question its basis. It imposes more responsibility on salaried employees to follow the rules for getting the tax rebate. If a person submits a fake receipt, then he doesn’t have any required documents. There may not be an actual rent flow from the person who staying in his own home. If he is an actual tenant the rate mentioned in receipt may more than he actually paid. This will not create a problem if the person accepting the rent is outside the tax net. The person claims to pay rent to a relative owning property; But he staying individually in same city. There are assorted occasion where the person may be staying individually but; or, one of member of the family claiming a loan repayment subtraction while another submitting a false rent receipt to evade tax.

In the annual budget of this year, the Finance Minister had suggested that those who are claiming a House Rent Allowance (HRA) of more than Rs 50,000 per month will have to reduce tax at source at the rate of five per cent.

The TDS will have to be deducted on the last month of the year in which rent is paid or last month of tenancy

From Government view this amendment would make sure that there are no revenue loses on account of such rental income. This will also demoralize people who were claiming the HRA deduction fraudulently quoting wrong Permanent Account Number (PAN) of the landlord. Quoting PAN of the landlord was mandatory in case the rent paid during the year was more than one lakh a year.

For online legal consultation from the best lawyer to get clarity on tax redemption and it’s policies, visit the biggest online legal solution site www.licit.ooo or can download the app  https://goo.gl/L8GeYk

Labour Migration and their Legal Implications in India!!!

Labour migration refers to the movement of individuals from one place to another for the purpose of work. In this, it includes crossing the boundary of a political or administrative unit for a certain time period.

Labour migrants face a number of challenges at their destination regardless of the duration of their stay. Some of these challenges usually an immigrant faces are long working hours, poor living or working condition, social isolation, political prohibition of poor access to basic facility, social prerogative, housing etc. Migration affects labour market at the place of origin. It also affects household and community levels by changes in relation. In the field of income, expenditure patterns and investment are affected by the migration.

National Labour Migration:-

India is the one of the fastest growing country. The main reason for this growth is rural to urban migration. Most of people cannot find economic opportunities in rural areas. Because of this they try to migrate to urban areas. This large scale movement is also due to the inter-regional disparities, differences between socioeconomic classes, encroachment of outsiders and skewed development policies.

Whatever may be the cause, there is no repudiate fact that the economic growth in India depends completely on the migration of labour. Economic and social impact on migrant’s family is variable. In some families, three out of four members may migrate. Migration is a safety valve in some poor areas.

Labour Laws in India:-

The Ministry of Labour and the Departments of Labor, at state levels, are responsible for formulating and implementing measures to protect migrant workers. There are some labour laws aimed to improve the conditions of migrant workers and stop their wringing.

Important Labour Laws:-

•  Inter State Migrant Workmen (Regulation and Conditions of Service) Act, 1979
• The Minimum Wages Act, 1948
• The Contract Labor (Regulation and Abolition) Act, 1970
• Equal Remuneration Act, 1976
• Building and Other Construction Workers (Regulation of Employment and   Conditions of Service) Act, 1996.

Enforcement of these laws carried out by both central and state government.

 International Labour Migration:-

International migration is a small proportion in India, though it has important local impacts. Since independence, two distinct migrations are visible that are technically qualified and professional exporters migrated to industrialized countries. Skilled and semi skilled workers have migrated to the Middle East. Migration to industrialized countries increases due to boom in Construction sector and oil industry between 1970 and 2000. Today 3 million migrants live in gulf countries. It has an impact on the national labour market. External migration also regulated by the government. The main instrument of regulation is the Emigration Act 1983, which gives the exit of Indian workers for overseas contractual employment and look on to safeguard their interests.

Quality of life and labour standards for the migrant workers in India:-

In India in consideration of wage policy, it has been noticed that male and female migrant workers get lower wages than minimum wages. They do not get the minimum, wages set forth under the minimum wages Act, 1948. Prolonged and flexible working hours, combined with low wages are outlined in the case of most seasonally migrant workers in India. At the same time female migrant workers paid lower than male workers at certain process. Here the principle of equal pay for equal work is not considered for the fixation of wage rates for contract basis male and female seasonal migrant workers as per the Equal Remuneration Act of 1976.

It has been noticed that migrant workers are not informed of their rights or labour rights,

Such as the right to equality, right to secure work, right to form an association, a living wage and a decent standard of life, right to freedom, security scheme, health, cultural and educational rights etc. There are various unorganized sectors. The workers in such sectors are victim of these issues.

Social security for migrant labour:-

The International Labour Organization is constitutionally bound to encourage social security programs and measures impart basic income to all in essential of protection. Social security systems provide nine types of sake as defined in the social security convention, 1952(102) namely, medical care, sickness and maternity, family benefits, employment injury, invalidity and survivor’s benefits, unemployment benefits, old age benefits etc. India is a founder member of the ILO. India has ratified 39 of the 182 conventions; however, it has not ratified the conventions connecting to two subjects. Freedom of organization and collective bargaining. It has been noticed that the employees have not fundamental, statutory and moral or equitable right to strike in the country.

The fact is, any citizen of the country should have the right to communicate his grievances. It is his fundamental right. It has been noticed that only the workers organized under the trade unions have the right to express injustice and to fight for rights. But what about the workers in the unorganized sector, workers who are not organized under any trade unions? Unquestionably, they belong to the lower strata of the society in correspondence to the organized workers. Who will protect the interests of the unorganized workers? Like migrant workers and contract based workers in different industries. Today, migrant workers as well as unorganized employees are fighting for labour rights and labour standards. There are various problems of migrant workers like the termination of contract labour system, execution of the provisions of the labour laws, an eight hours working day, payment of minimum of wages, social security schemes and insurance, labour welfare amenities. National Commission on Labour report found disparity in wage and working conditions.

Migrant workers, who are not regulated by any trade unions and their labour standards, aren’t protected by the government as well as trade unions. These migrant workers are illiterate, uneducated, and may belong to backward community. They do not get minimum wages stipulated under the Minimumwages Act. Today, the real issue is how to extend human rights to all parts of the labour market.

After independence, India has been embracing various labour policies and laws in order to improve working conditions of migrants. Its implementation is not completely effective. Therefore, migrant workers and workers in the unorganized sector are fighting for their labour rights and to implement the allocation of various labour laws as per International labour standards.

Connect with Licit for knowing more about your Labour rights. For free consultation from the best Lawyers specialized in Labour laws, visit the biggest online legal services platform www.licit.ooo or can download the app https://goo.gl/L8GeYk

  

GST: Are You Ready for One Nation One Tax!!!

Goods and Services Tax (GST) would be a consequential step in the reform of indirect taxation in India. GST is an indirect tax reform constitutional amendment cleared by the Rajya Sabha which affects all of us. GST will try to remove tax barriers between states and makes into a single market. GST is put forward to be a comprehensive indirect tax levy on the manufacture, sale, and expenditure of goods and services at the national level. It will replace all indirect taxes levied on goods and services by the Nation’s Central and State governments.  

India’s tax structure; Today:-

Direct Tax:-

The constitution splits taxation potential between center and states. Both levels of government have some absolute areas where they can levy the tax. Income tax, which comprises tax on company profits, is the complete domain of central government. These taxes are mentioned to as direct taxes.

Indirect Tax:-

Indirect taxes are taxes imposed on the manufacture of goods, distribution of services and expenditure and are under the exclusive domain of central government. Taxes on expenditure are the exclusive domain of state governments.

How this arrangement works?

A product is manufactured before its consumption. At the time of manufacturing, the central government levies its indirect tax called central excise at the factory gate. Later the product reaches the retail outlet and purchased by the consumer. On this stage, the state government levies a tax on consumption dubbed Value Added Tax (VAT).  So we have tax at both factory gate which adds cost of the product and then taxes at the retail outlet which also adds cost to the product. 

States have their exclusive domain on consumption tax within their borders. So they treat goods coming from other states as imports. If a product manufacturer in a particular state buys the raw material from another state, the manufacturer would have paid central excise and the state from where he purchased raw material taxes on the product. On this cost, the state government would levy its tax if the product is sold in the state. If the product is sent across the state border and sold in another state, an “export” tax called central sales tax is collected by the state from the product sent.  India is politically a single country but economically it is fragmented. It implies various tax within the country.

GST replaces the following Taxes:-

   • Central Excise Duty

   • Additional Excise Duty

  • Service Tax

  • Surcharge, Cess

  • VAT/ Sales Tax

  • Entertainment Tax

  • Luxury tax

  • Additional customs duty

  • Special Additional duty of customs

  • Taxes on lottery and betting

  • Entry tax

  • State ceases and surcharge

How GST helps Business and Consumer?

GST helps business by reducing the tax rate and makes assent easier. GST helps the consumer by lowering the price for merchandise and services. All taxes poised at the point of expenditure. 

GST Enrollment:-

GST will be ready to engage from July 2017. The existing taxpayers will have to enroll themselves under the GST database and all those who have registered themselves for service tax and central excise or any other state tax laws such as VAT. They need to get their GST registrations carried out.  The migration process of the present tax system has begun so it is very important to know about the primary features of GST.

Process of registering at GST:-

1. Getting Provisional ID for GST

        Provisional ID and password is directly given by VAT department. All will be provided with distinctive ID and password. This is mandatory. And can use this for login to GST portal created for this purpose.

2. Documents required:-

  The following documents required for this propose:-

• Personal email id to receive confirmation and acknowledgment.

• Bank account number and IFSC code.

• Softcopy of proof of business, such as a partnership deed (PDF or JPEG file of the same), registration certificate, and LLP Agreement, whichever applies are required to upload.

• Photograph of partners, owner or Karta (in case of HUF) in a JPEG file with a size not exceeding 100KB.

• Proof of appointment of authorized signatory. It should be either in PDF or JPEG file, and size should not exceed1MB.

• Soft copy of Bank account details such as an image of bank account number, branch address as well as the address of the account holder (front page of the passbook, or bank statement). Size should not exceed more than 1MB.

3. Registration Process:-

         Open GST Website www.cbec.gov.in/htdocs-cbec/gst and create user ID and password. For creating user ID and password provisional ID and password is required.

Step 1:- First enter into GST website and click on “New User Login”. Click I Agree for the declaration provided and continue to register.

Step 2:- After agreeing on declaration hit on continue and will direct to login page. Use provisional ID given from tax department to log in. 

Step3:- After login provisional ID verification page will be displayed and then need to fill the following details:-

    1. Valid email ID

    2. Valid mobile number.

Make sure that the provided email id and number are correct since the OTP and important information are sent to these IDs.  After that, click on continue. OTP will be sentyou’re your email id or phone number both which are required for the verification. And this email id and password will be permanent. Any change in both can be made only after April 1, 2017.

Step 4:- Next you will get a new page with OTP verified. There is option to enter personal details and new login details to secure login. Once set the new login credentials you should answer some security questions and submit it. There are five questions and it is mandatory to fill all these questions.

Step 5:- After login you will be directed to welcome page of your account. In your dashboard there is an option like “Provisional ID Enrollment”. Hit on that for application enrollment.

The common portal for Goods & Service Tax is now live. GST is now a reality and all taxpayers should be prepared for that. The penalties regarding it could be priced from few lakh even for a small mistake.

If you are looking to migrate or register new GST, do contact LICIT – Go Legal on +91 9741 33 33 77 or e-mail us at info@licit.ooo

If you require more assistance on GST, connect with Licit. For Consulting Lawyers online for any of your legal queries visit the biggest online legal solution www.licit.ooo or download the app  https://goo.gl/L8GeYk

Consumer Rights that Everyone should Aware of...!!!

15^th March is World Consumer Rights Day (WCRD), it is an occasion for celebration and solidarity within the international consumer movement. World Consumer Rights Day (WCRD) actively encourage the basic rights of all consumers, demanding that those rights are respected and protected, and a chance to protest against the market abuses and social injustices which undermine those rights.

World Consumer Rights Day was first celebrated on this day during 1962 that the then American President, John F Kennedy gave an overall structure to the consumer rights. He was the first world leader to aim a vision of consumer rights and also identify the importance of consumers as a group. Kennedy Provided the American consumer four basic rights: the Right to safety, Right to choose, Right to information and Right to be heard.

The day is structured by Consumers International (CI), which is the world federation of consumer groups. CI serves as the only self - governing and authoritative global voice for consumers and was founded in 1960. Now CI has over 220 member organizations in 115 countries around the world. They consider their mission of being a voice and champion for consumers in policy-making forums and in the global marketplace. They work outside of any political parties and maintain their independence so that they can make sure that consumers are treated properly. Each year, the CI Council selects a theme for World Consumer Rights Day activities. This year CI campaigning to build a Better Digital World.

Consumer Rights:-

Right to Safety:

Right to safety explains the right to be protected against the marketing of goods and services, which are perilous to life and property. It is the consumer’s responsibility to use the product for its meant purpose and correctly follow the instructions and warnings.

Right to be Informed:-

The right to be informed concerns about the quality, quantity, potency, purity, standard and price of goods or services so that consumers can make intelligent decision on purchasing a particular product. Right to be informed is to protect the consumer against unfair trade practices. This right also ensures that it is illegal for companies to enhance dishonest or misleading advertising or labeling and consumers are responsible for scrutinizing all information.

Right to Choose:-

The right to choose ensures that right to assertive wherever possible, access to a variety of goods and services at competitive prices. The distributors of the product or service should price their product according to competitive market and ensure their quality. Consumers are responsible for comparing their prices and quality for similar type of products before making choice.

Right to be Heard:-

The right to be heard pointed towards the consumer’s interests will receive due consideration at appropriate fora. Government entities should consider customer interest and need when making policies and also business should consider this while developing product or services. It is responsibility of consumers to inform business and elected officials regarding the issues related to particular items. 

Right to Redress:-

The right to redress explains the right to look for redress against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. Customers have an avenue with which to get compensation unsatisfactory performance of services or inferior products or damage inflicted from their use.  It is the consumer’s responsibility to actively hunt for appropriate replacement.

Right to Satisfaction of Basic needs:-

The right to satisfaction of basic need explains all consumers have right to suitable access to necessary goods and services such as food, cloth, shelter, health care, sanitation and education. This means that consumers are accountable for preside over their own consumption, so as not to impinge upon others receiving the same basic needs.   

Right to consumer Education:-

Right to consumer education provides program and relevant information that must available to customer about products and services which helps the consumer to take more informed decisions about products. Consumer responsibility is to take initiative in learning updated product information through out their lives.

Right to Healthy Environment:-

Right to health environment consider about impact on nature due to policies, product and services. Business and governing bodies must instate policies in production and regulation which do not harm the nature world. Consumers are responsible for purchase product and services which comparatively less harmful for themselves and future generations. 

Consumer Protection Law:-

Consumer protection law or consumer law is contemplating an area of laws that regulates the relationship between individual consumers and business that sell services and products. Consumer protection covers a wide range of topics, including product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions. Consumerprotection is a system of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. In India The Consumer protection act, 1986 is to regulate consumer protection.

The Consumer Protection Act 1986:-

The consumer Protection Act is to deliver for better protection of the attentiveness

 of consumers and for that cause to make provision for  setting up of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

Consumer protection is linked to the idea of consumer rights, and to the development of consumer organizations. Consumer organizations help consume

rs make effective choices in the marketplace and get help with consumer complaints.

If you think a merchant has breached your consumer rights, it makes sense to consult with an attorney. You may be able to collect financial compensation. For online legal consultancies from the best lawyer regarding your rights visit the biggest online legal solution www.licit.ooo or download the Licit-Go Legal app  https://goo.gl/L8GeYk

Be Bold for Change:Empower Women; Empower Nation!

International Women’s Day (IWD) 2017 is on March 8^th Wednesday with celebrating all over the world recognizing the women empowerment as a social, economic, cultural and political achievement of women.

Women’s day was established back in the 1900s and later recognized by the United Nations (UN) in 1975. The goal of women’s day is to achieve gender equality for women worldwide, a journey that is still ongoing. The UN raise awareness with a new theme each year, this year being, “Be Bold For Change” Women’s day celebrate on a target of achieving gender equality, and empowerment of all women and as well as ensuring quality education for all and promoting lifelong learning. The year 2030 is the target to achieve all these. 

Women empowerment touches on the creation of an environment where they can create and make decisions of their own personal and society benefits. A woman plays multiple roles in a single day as doting daughter, caring mother as well as a wife, a competent colleague and a wide range of many other roles around as flawlessly and with grace. Women are undoubtedly the backbone of any society.

 However, women are ignored fraction of society in many parts of the world. This seriatim has caused women at large to bear the brunt of inequality, oppression, financial dependability ad other social evils.

For centuries now, women have been living under some bondage that put a limit on them from achieving professional as well as personal heights.

Women empowerment helps her to freely live their life with a sense of self- respect, worth and dignity. Give awareness about having equal right for social and economic justice lead to make their own choices and decisions. Provide safe and comfortable working environment. Enable her to participate in social, religious and public activities. Women empowerment enables her to believes that a girl should be two things: “who and what she wants”

Women empowerment helps to the overall development of the society on account of this, women empowerment is a need of society.

It is a big time that we understand the power of women and help them to come up with flying colors. We should help them to boost their confident by treating them I respect. World’s population constitutes 50% of women. Large numbers of women in this world are unemployed. It affects the world economy. An economy of a country depends on women equality at workplace. Women empowerment helps women to stand on their own legs, become self-sufficient and also to earn for their family which grows country’s economy. Women are equally competent. Nowadays, even women are leading men in many socio-economic activities. The problem of a bias towards men will be an end once we understood that women are basis of our lives and we cannot imagine success without them. Women talented as men allow them for higher education and utilize their talent worthily for society. Women empowerment reduces domestic violence. Uneducated women bear a higher risk of domestic violence than educated women. Women empowerment also helps to reduce poverty. Now day’s men’s earning is not enough for satisfying family demand. The added earning of women helps to meet demand and hence reduce total poverty of society.  This leads to national development. As result of women empowerment, she is considered for all jobs in irrespective of gender. Women empowerment gives the right to each woman to take their own decisions whether it related to family or work. They can do what they want like a man. It is very important that a woman must understand her power and utilize a maximum of it. Women have their own identity and should maintain the same. Whether they are housewife or working woman, identity means everything to them. Women need to change their mindset that they should just remain within the home and have restrictions in society but move outside for live their own lives. Even men should understand this and help her to achieve it. Ensure active participation of women in outside activities, it will have an impact on the development of countries.

The Constitution of India is one of the finest equality documents in the world. It gives provisions to secure equality in general and gender equality in particular. The Preamble, the Fundamental Rights, DPSPs and other constitutional provisions provide several general and special safeguards to secure women’s human rights.

Preamble: The Preamble to the Constitution of India assures justice, social, economic and political; equality of status and opportunity and dignity to the individual. Accordingly, our constitution treats both men and women equal.

Fundamental rights:

The policy of women empowerment is well established in the Fundamental Rights expressed in Indian Constitution:-

Article 14 ensures to women the right to equality.

Article 15(1) specifically prohibits discrimination on the basis of sex.

Article 15(3) empowers the State to take affirmative actions in favor of women.

Article 16 provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office.

These rights being fundamental rights are justifiable in court and the Government is obliged to follow the same.

Fundamental duties:

Fundamental duties are well established in Part IV-A of the Constitution and are positive duties for the people of India to follow. It also hold a duty related to women’s rights:

Article 51 (A) (e) expects from the citizen of the country to promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women.

Laws for women empowerment in India:-

The Equal Remuneration Act, 1976.

The Dowry Prohibition Act, 1961.

The Immoral Traffic (Prevention) Act, 1956.

The Maternity Benefit Act, 1961.

The Medical termination of Pregnancy Act, 1971.

The Commission of Sati (Prevention) Act, 1987.

The Prohibition of Child Marriage Act, 2006.

The Pre-Conception & Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.

The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013.

The above laws give feel of security, legal rights to women and sense of empowerment.

India is a part to various International practice and treaties which are performed to secure equal rights of women. One of the most important among them is the Convention on Elimination of All Forms of Discrimination against Women (CEDAW), ratified by India in 1993.

National Policy for Empowerment of Women objectives:

Create an environment for the complete development of women to enable them to realize their full potential.

Create an environment with full enjoyment of all human rights and fundamental freedom by women in all political, economic social, cultural and civil spheres.

Equal accesses to women for participating and make decisions in social political and economic life of the nation.

Provide equal health care, quality education at all levels, career and vocational guidance, employment, equal remuneration, occupational health and safety, social security and public life etc to women.

For eliminating all types of discrimination against women by strengthening legal systems.  

Ensure active participation of both men and women in all social activities.

Eliminate discrimination against women and girl child.  

Make partnerships with civil society, particularly women’s organizations and strengthen them.

It can be said that women in India, through their own uncompromising efforts and with the help of Constitutional and other legal provisions and also with the aid of Government’s various welfare schemes, are trying to find their own place. And it is a confident sign that their participation in employment- government as well as private, in socio-political activities of the nation and also their presence at the highest decision making bodies is improving day by day.

Raise your words, not your voice. Understand your strength and rights. Fight for rights and knowledge. Earn more by learning. Grow by knowing about rights and security. Right makes you confident. Be confident be strong.

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