PURPOSE OF PATENT LAWS

Patent is a set of exclusive rights granted to the inventor’s owner or beneficiary. The Patents Act of 1970 and the Patents Rules of 1972 control them. These rights include the ability to use, sell, and design, among other things.

Patent laws and Innovation

Innovation refers to advancements in a product, process, or service as a result of an innovation or business model. These inventions are novel approaches to challenges. Patent law is used to prevent innovations from being abused, which is critical for the advancement of technology.

The stages of the technology life cycle are as follows: innovation, research, development, and dissemination (RD&D), market development, and commercial diffusion. At each stage of the life cycle, different processes occur, allowing different possibilities to use tools that foster innovation.

Importance of patent laws

  1. A focused patent strategy can help a company save money while also increasing its value: – A patent permits the owner to legally restrict the use of patented technology, and these rights can also be sold if the owner’s use is not restricted. This aids in covering development costs and obtaining a return on investment in the patented technology’s development. This aids in the formation of venture capital funds and may lead to technological advancement.
  2. Patents boost the overall value of a company: – The company’s intellectual assets, such as patents, are used to determine its value. Today, capital assets account for only 15% of the value of Fortune 500 businesses, while intellectual assets account for 85% of the value.
  3. Identifying and realizing the full potential of a person: – Patents assist companies in determining the full potential of their assets, allowing them to design plans for utilizing and protecting their intellectual property. A key component of this strategy is the creation of a patent programme that identifies, evaluates, and incorporates new technologies into patent applications.
  4. A patent protects your invention: – It safeguards your invention, which is defined as any product, design, or technique that meets certain criteria for practicality, originality, utility, and suitability. A patent protects your invention from unlawful usage or intrusion. Because once a patent is granted, no one else can profit from your invention.
  5. Encourage new ideas: – As previously said, how innovation and patent laws are linked, and how patent law promotes inventions, this acts as a benefit to the other, causing more innovations to be created in order to achieve a healthy completion.

Purpose of Patent Laws

On this planet, man is the only creator with a creative and original intellect. The ability of man’s imagination and ingenuity has resulted in the creation of new objects. The patent system’s main goal is to promote creativity and innovation by allowing inventors a monopoly on their creations for a set period. Its goals are to reward the creator as well as to defend the public’s welfare. The patent system also ensures that public and private interests are balanced. The product will be available to the general public, and the creators will get royalties and exclusive rights for a limited time.

When patent protection fosters development and discovery, society benefits in the long run. When the period of protection for such creations and inventions expires, they are released into the public domain and become public property.

There would be huge theft of ideas, intellectual property, information, skills, and even attempts if patents did not exist. Instead of being progressive, this theft would render society regressive. As a result, the patent law’s goal is to prevent intellectual property theft while also encouraging a progressive and innovative human mindset in addition to financial rewards.

Conclusion 

It is widely regarded that intellectual property, particularly patents, is one of the most essential notions that humanity has ever devised. A patent is an intellectual property right granted to an innovator that protects a product, a process, or both in the field of science and technology. The patent system’s primary goal is to promote invention and creativity, without which human civilization would be well on its way to extinction. Patents have been protected by numerous international accords and state laws, making them one of humanity’s most essential concepts.

By: – Pragati Sengar

Essential Factors of Cross-Border Mergers and Acquisitions

Cross-border mergers and acquisitions have become a trend in the current business environment. Cross border mergers and acquisitions involve the amalgamation of the assets and workings of firms operating in two different countries. Acquisitions refer to acquiring all or few stocks or assets of a firm which results in the operational control of one firm in part or as a whole by another firm. Through these mergers and acquisitions business entities are able to spread their operations in other countries and expand their business. The success of these mergers and acquisitions in the cross border context depends on some factors. These include: 

  1. Proper management
  2. Cultural integration 
  3. Business policies
  4. Taxation
  5. General business conditions in the country

PROPER MANAGEMENT

Management is the most crucial aspect of any corporation or business, and if it is disregarded, the repercussions are severe. Proper management entails an individual employing methods in preparing and then implementing things correctly. In basic terms, it refers to the application of strategy across all aspects of a business. Every hard task is made easier and smoother by proper management.

Proper administration of cross-border mergers and acquisitions is complicated, but it is feasible if it manages and figures out some of the essential areas. The major areas that must be identified are market analysis, human resource considerations, and product integration and development. Market analysis is an important part that deals with giving key information to organisations to assist them in making business strategies. Cross-border mergers and acquisitions will rely heavily on human resources if long-term success is to be achieved. When it comes to proper management in cross-border mergers and acquisitions, another area of concern is product creation and integration. 

CULTURAL INTEGRATION

When a person from one culture absorbs traditions from another without diminishing or disregarding their own, this is referred to as cultural integration. Cultural integration is crucial because it maintains a society’s unity and stability. Cultural integration also contributes to the stability of society by allowing people to share similar attitudes and ideals in a social structure.

BUSINESS POLICIES

Due to the differing business regulations followed in a separate nation, it is likely that the purpose of a company may be hampered in cross-border mergers and acquisitions since they are familiar with their country’s business guidelines or policies. It does, in fact, take some time to adjust to the new business policies in the new nation. However, this is unlikely to be a long-term problem because the company will change and adapt to policy requirements sooner or later.

TAXATION

Taxation is, without a doubt, one of the most important and hardest components of running a company. And when it comes to cross-border mergers and acquisitions, the situation becomes more complicated due to varied taxation laws in foreign and home nations. There are several distinctions to be made, with the most challenging difficulty being uneven tax rates payable between enterprises operating in the overseas market and those operating in the domestic market.

GENERAL BUSINESS CONDITIONS OF THE COUNTRY

A business’s success will be determined by a variety of variables in the nation in which it is located. Security in the market is one of the most crucial issues to consider while doing company. Because there are large sums of money spent in cross-border mergers and acquisitions, security is the primary issue here. Security not only comprises safeguarding the business, but also the availability of secure and appropriate insurance policies, providing a safe environment in which to conduct business without hindrance, requiring commitments from the authority of that country that will lend it support whenever necessary, and so on. If these assets are lacking, it might be disastrous for the acquiring business in cross-border mergers and acquisitions, since security is the most important factor to consider before entering into a transaction.

Immigration Law in India Is there a need for reform

Migrating from one place to another has been there in the world from the beginning of humankind. People used to move from one place to another for food, work, education, etc. In the modern world, immigration means people going from one country to another country where they are not residing, nor do they have citizenship. Immigration does not cover people who are tourists, or who are going to another country for a short period. It refers to people who are moving to another country for employment. We can take the example of Indians who move to the Middle East to work in the Oil Industries in countries like Saudi Arabia. Even students who go abroad for higher studies are also Immigrants. Major reasons for immigration can be educated society, more salary, more job opportunities, family etc. People who are victims of war or poverty or any other disaster also move to other countries due to problems in their origin country. I am not talking about Refugees because they go to other countries without visa. 

To govern the immigration in a country, immigration laws play a vital role. It concerns the citizens of the origin country and the foreign citizens who want to have the citizenship of the country they moved to. International Organisations also regulates the Immigration laws when there is a calamity in one country, and the citizens move to another. For example, for the 2nd world war, the International Organization for Migration was formed to help the displaced people during the war. 

Regarding India, the immigration provisions are there in Articles 5-11 of the Indian Constitution, where 5 to 9 mentions the status of Indian Citizens, whereas Articles 10 and 11 talk about providing citizenship to foreign citizens. In the Constitution of India, specific points are given that explains who shall be the citizen of India. Those are-

  1. Any person who was born in India
  2. One of the parents of the person was born in India
  3. Any person who has been living in India for 5 years or more. 

Article 6 of the Constitution gives citizenship rights to people who migrated from Pakistan to India. 

Specific other laws which are related to immigration are-

  1. The Immigrants (Deportation from Assam) Act of 1950- This Act is being created to deport certain immigrants from the state of Assam. This Act comes under the union list, and Central Government is being empowered to remove any citizen who is a citizen of India but it affects the interests of the People of India. 
  2. Carriers’ Liability(Immigration Act of 2000)- This law is made to tackle passengers who came to India without any correct documents through carriers. This Act includes a fine of 1 lakh Rs on carriers who violate the Passport Act’s provisions by bringing any person without any legal documents. 

Bureau of Immigration is the authority which is given the powers to regulate the immigrations in India. The offices are there in 5 major cities including New Delhi, Chennai, Kolkata, Bombay as well as Amritsar. Officers who are in Immigration Bureau are called Foreigners Regional Registration Officers. They are in-charge of all the registration as well as verification works. In other cities and states where offices of Immigration Bureau are not there, one can consult the nearest Deputy Superintendent of Police office for Immigration facilities. 

The Immigration Bureau gives certain kinds of Visas to Foreigners. These include Student Visa, which is given to students who want to study in India, Employment Visa which is given to people who came to India to work. For Medical Purposes, Medical Visa is also provided for those who will be treated in the hospitals in India. Countries like Nepal and Bhutan are visa-free which means that a person need not require a visa to travel to-and-fro from these countries to India. 

Reforms in Immigration law has not been done much in the last 75 years. Governments are needed to amend the Immigration Act from time to time with the situation prevailing. A major reform which is addition of a new visa named “Refugee Visa” is needed. India’s Neighbouring countries are not stable at this moment be it Pakistan or Myanmar due to the Religious Persecution of citizens of their countries. Apart from that, faster visa approval and complete digitalisation of the immigration facilities are needed. Some things have been done, but much is needed with the progressing society. 

By Siddhant Dutta

Penalties charged for filing a late ITR

The penalty for a late income tax return, ITR, is charged under section 234F of the Income Tax Act. According to the section, filing a return post deadline would make the defaulter liable to a maximum penalty of Rs. 5000/. The penalty has been reduced from the financial year 2021. Earlier it was Rs. 10000/. Further, as the time for rectification of errors, while filing has been reduced from two years to one year from the end of the financial year, it is prudent to file returns as early as possible. Late filing can also deprive you of the opportunity of carrying forward one’s losses if any to the next years to set off against one’s future income. There will also be a delay in receiving a refund from the Government if one is entitled to the same when income tax returns are not filed within the due date. Interest at the rate of 1% is also levied for every month or part of it on the tax amount unpaid as specified under section 234A. It is important to understand that returns cannot be filed until the tax has been paid. If you do not submit your ITR, the income tax officer can commence procedures for prosecution for a duration of 3 months to 2 years, as well as a fine. If you owe more tax, the time may be extended to ten years. Furthermore, in the instance of under-reporting of income, the income tax inspector may levy a penalty of up to 50% of the tax owed. Let us also look into the benefits of timely filing of income tax returns. It makes loan approval and claiming tax refunds easier. These returns also act as income and address proofs. It also makes visa processing simpler. Thus, in order to avail of the benefits and avoid these consequences, income tax returns should be filed in a timely manner. 

How to file an income tax return online for salaried employees?

For salaried employees in India, timely filing of income tax returns is a critical financial task. It includes the following steps:

  1. Navigate to the Income Tax Department’s e-filing portal.
  2. To access the portal, enter your user ID (PAN), password, and a Captcha code. 
  3. Select ‘Income Tax Return’ from the drop-down menu under the e-file section and the applicable assessment year. At this stage, you must pick and download the proper income tax return (ITR) form.
  4. If you are not filing a revised return, choose the ‘Original’ filing type.
  5. Select the ‘Prepare and Submit Online’ submission mode and click ‘Continue.’
  6. Fill out the appropriate ITR form with all of the essential information about your income, investments, exemptions and deductions. You must include information on tax payments made through TDS, TCS, and advance tax. To avoid data loss due to technological failures, click on the ‘Save The Draft’ option on a regular basis.
  7. Calculate and pay the tax due. Then, include the challan information in your tax return (If you have no tax due, you should skip this step).
  8. Confirm the information you supplied in the form. Then click ‘Submit.’ This is how you file an ITR for a salaried employee online.

At this moment, a notice appears on your computer screen, indicating that your e-filing was successful. Following that, an acknowledgement form known as ITR-V is created. You must now validate your response using any of the methods mentioned.

It is also important to understand why salaried employees need to file income tax returns. These include that capital gains and losses are accounted for, tax refunds can be claimed, applications for loans are made easier, and it also makes applying for a visa easier. Thus, salaried employees should file income tax returns. 

Evaluating the Duty of a Business Entity in Association with Commercial Law

The business entity presumption is an accounting rule that establishes a legal distinction between the transactions of a business and the transactions of the proprietor. It also suggests the various divisions within an organization at times. Each division has to keep account of its exchanges and is responsible for the same. A sole proprietor should keep his personal transactions apart from his commercial transactions. This strategy helps with businesses that run multiple tasks.

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Recover your money

Be it your employer sitting on your rightful dues, your client refusing to pay you the rightful amount or a builder refraining from returning the amount he has charged you in excess, you might come across any of the unfortunate aforementioned situations. How does one deal with such a case?

Lending money to a friend or a family might horribly go wrong if they refuse to return such amount. We, the common people, unlike the banks which have a well established recovery mechanism in DRT’s, do not have any particular recovery machinery to boast of. However, there are multiple provisions and recourses available to battle out such cases and get back your money.

SENDING OUT A WELL DRAFTED LEGAL NOTICE

Before you initiate any legal action, you are supposed to serve a notice to the opposition, representing all the grievances to them and indicating your intent to initiate further legal actions.

It is a final chance given to the opposition for a resolution of the problems. There is always a chance that the legal notice might bring the defendant on heels and the case might get settled even before going into trial, through discussions and negotiations. It is very important to draft an elaborate and strongly worded legal notice, which covers everything from facts to your demand from the opponent.

In case, the opponents refuse to refund the money/ settle the matter after the receipt of the legal notice, following are the legal recourses that can be taken:

CIVIL REMEDIES

  1. File a summary suit under Order 37 of the Civil Procedure Code, in order to recover your money. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff ‘s allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance and asks for leave to defend, the court accepts his defence only if it is convinced that it is substantial to the case in question.

Where the matter concerns penalties or any other uncertain amount or any amount that is not a debt, one cannot file a summary suit.

  1. If there is a debt occurring out of a cheque bounce, then one can file a complaint under Section 138 of the Negotiable Instruments Act, 1881. As per this provision, a legal notice is to be sent to the defaulter within 30 days of receiving the cheque return memo. If the cheque issuer fails to make the rightful payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under this Section. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period, otherwise your suit will be time-barred. If found guilty, the defaulter can be punished with a prison term of two years and/or a fine, which can be as high as twice the cheque amount.

CRIMINAL PROCEEDINGS

One also has the option to file a criminal complaint against the defaulter, with the local police under section 420 (cheating), section 403 (criminal misappropriation) and section 406 (criminal breach of trust), and initiate criminal proceedings against the defaulter by registering the FIR.

OUT-OF-COURT SETTLEMENTS

If the other party is willing to settle the matter, then one of the fastest and most economical ways of recovering money is to opt for an out-of-court settlement, such as arbitration or conciliation. If the matter is referred to an arbitrator, the latter hears both the parties and passes an award binding on both.

If the matter is referred to a conciliator, then he assists the parties in reaching a mutually agreed settlement of the dispute.

How to file and defend a dowry legal case in India

Dowry is a major social menace in India. Every year, countless women are victims to dowry harassment. Some are subjected to torture, while others are found dead in suspicious circumstances.

The Indian legal system, has the following laws in place, which can be used while filing an FIR against the accused-

1- In 1983 section 498-A of the Indian Penal Code (IPC) was introduced to deal with all forms of domestic violence including those which arose from “demand for property from the women and her family”. This in other words dealt with demand for dowry and also included different acts of torture that the in laws indulged in with the wife. These included beating and abusing her, sexual violence, use of cuss words, false imprisonment etc. This can lead to imprisonment for upto a maximum of 3 years.

2- When a woman commits suicide because of dowry related harassment within 7 years of being married section 304-B of the IPC which was amended in the year 1986, should be used to prosecute. The period of seven years has ostensibly been kept to ensure that the limitation period for filing suspected dowry related complaints are high.

3- Section 406 of the IPC is meant to protect “stridhan” – wealth given to bride on the eve of her marriage by the family to ensure her well being in the future. If such wealth is misappropriated by the bridegroom and his family, a non-bailable and cognizable offence is committed which can result in imprisonment for three years with fine.

4- Protection of Women from Domestic Violence Act (2005) too deals with dowry related violence and provides remedy for the same. Though this is largely a civil suit that orders protective decrees for protecting women, if such decrees are not followed the court can initiate criminal proceedings against the erring party.

5- The Dowry Prohibition Act (1960) is a landmark legislation that exclusively deals with tackling dowry exclusively. Section 2 of this act defines dowry as “give and take of any valuable property”. Section 3 and section 4 of the act deals with the punishment for giving, taking and demanding dowry. The imprisonment ranges from 6 months to 5 years and fine ranges between 10,000 rupees to the amount of dowry demanded.

In case police officials refuse to file an FIR, the State Commission for Women(SCW)  can be reached , you can find the telephone and other related details of the respective SCWs over here-

http://webcache.googleusercontent.com/search?q=cache:http://ncw.nic.in/frmliststatecommission.aspx&gws_rd=cr&ei=LHWlWavTB8XNvgSylqDoBQ

Similarly, when a man or his family, or both have been accused of dowry harassment, they can file a counter FIR under the following legal provisions-

  1. Sec 120B Indian Penal Code, 1860 – Punishment of Criminal Conspiracy – The husband or the in laws can file a legal case alleging criminal conspiracy from the wife or her relatives. 
  2. Sec 167 Indian Penal Code, 1860 – Public servant framing an incorrect document with intent to cause injury – If you believe that the police authorities are helping your wife in making false complaint and framing incorrect documents you can file a case against them alleging their false framing of documents.
  3. Sec 182 Indian Penal Code, 1860 – False information, with intent to cause public servant to use his lawful power to the injury of another person – What usually happens is that the public servant in his power does something which might not be the true, in short, a false information is circulated so as to depress the evidence.
  4. Section 191 Indian Penal Code, 1860 – Giving false evidence – If you suspect that your wife or anybody is presenting false evidence against you in the court of law or police station, you can file a case alleging that the evidence which are being used to prosecute you are false, which consequently make the whole charges false.
  5. Section 197 Indian Penal Code, 1860 – Issuing or signing a false certificate – Perjury is a crime, one can’t sign a false certificate and allege it to be true. Hence, if someone suffers because of the wrong certificate, he can prove himself innocent after showing sufficient evidence.
  6. Section 471 in The Indian Penal Code – Using as genuine a forged [document or electronic record]. –Whoever fraudulently or dishonestly uses as genuine any [document or electronic record] which he knows or has reason to believe to be a forged [document or electronic record], shall be punished in the same manner as if he had forged such [document or electronic record].
  7. Section 497 in The Indian Penal Code – Adultery – Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.
  8. Section 500 Indian Penal Code, 1860 – defamation – Reputation is man’s biggest asset. So if someone tries to defame you by any means, you can drag them to court for the harm suffered by you because of their conduct. They will be entitled to pay you damages to you in terms of compensation.
  9. Section 504 The Indian Penal Code, 1860 – Intentional insult with intent to provoke breach of the peace – Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
  10. Section 506 Indian Penal Code, 1860 – Punishment for Criminal Intimidation – You can file a case of criminal intimidation against your wife alleging that she threatens you to do harm to you or your family or your property. Yet again, evidence is the only thing which can support your case.
  11. Section 227 of The Code of Criminal Procedure, 1973 – If you believe that the complaint registered by your wife is false you can file an application under sec 227 stating that the 498A case filled by your wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, chances are that the judge just dismisses the 498A case as it is a framed one.
  12. Section 9 of Code of Civil Procedure, 1908 – Damage recovery case – If she breaks into your home, creates a scene, and goes to ” protection officer ” and lies that you abused her “physically, emotionally or economically”, file a damage recovery case under Section 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for a long time. It has no risk.

    By Saurabh Kumar 

Biological father taking away of child does not amount to Kidnapping

The biological father cannot be charged for kidnapping his own child.

In the instant matter, the court was hearing a petition filed by Mumbai’s businessman, Sajid Shah for challenging his extradition request from the Netherlands to India. His estranged wife Nazneen has filed a complaint against him for abducting their 2-year-old daughter from Amsterdam. After kidnapping the daughter he brought her back to India in September 2016. She has accused Sajid Shah of “violently kidnapping their daughter” from her house and also launched an online campaign for the child’s return. Subsequently,  an Interpol notice was issued for Sajid’s arrest. Following the Interpol notice, the Netherlands government approached the Indian authorities.

Nazneen and Sajid married in 2011 and got separated in 2016.  After the couple separated, a Dutch court awarded Nazneen their daughter’s custody in 2016. Meanwhile, Sajid filed a divorce and custody petition before Bandra family court. Sajid claimed he was trying to protect his daughter from his “abusive wife”.

The MEA, in it’s May 5, 2017, letter, rejected the extradition request. The center in its affidavit submitted “Since the taking away of a child by her biological father does not amount to kidnapping, it is not an extraditable offence.”  MEA has rejected the extradition request while stating that Sajid shall not be arrested and no corrective steps will be taken against him and his daughter.

Sexual Harassment at workplace

Sexual harassment involves offensive, humiliative, or intimidating behavior which can be in a written, oral, physical, or even in digital form. In this 21st century, where both men and women work together in an organization, it has been found that women have to face some kinds of unusual behavior inside the workplace from their colleagues. This would be considered a violation of women’s right to equality, life, and liberty. Women have to face an insecure and hostile environment that discourages women’s participation and work, and it demotivates them. This has become a common problem in the world irrespective of any profession.

India, being a democratic country, all citizens have the inherent right to live with dignity provided under Article 21 of the Indian Constitution. With the increasing amount of industrialization, many employers started employing women. However, the absence of a law on sexual harassment at workplaces and the increasing cases of such cases lead the legislature to formulate legislation based on sexual harassment resulting in the birth of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. In Vishaka v. State of Rajasthan[(1997) 6 SCC 241], it was observed for the first time that India needs legislation for sexual harassment.    

Sexual harassment may include:

  • Asking for sex or sexual favors.
  • Questioning about your sex life.
  • Trying to touch or grab without consent.
  • Making comments which have sexual meaning.
  • Leering and staring at or suggestive body movements towards 
  • Showing pornography.
  • Sexually colored remarks. 
  • Making inappropriate sexual gestures. 

The Supreme Court incorporated basic principles of human rights enshrined in the Constitution of India under Article 14, 15, 19(1)(g) and 21, and provisions of the Convention on Elimination of All Forms of Discrimination against Women (CEDAW), in the guidelines to prevent and discourage sexual harassment at workplaces. The guidelines which had been laid down by the Supreme Court were to be treated as law declared under Article 141 for the Constitution. 

What shall one do if one is sexually harassed?

  • A woman who is a victim of sexual harassment can file a written complaint to ICC ( Internal Complaints Committee) within three months from the date of the incident. Up to three months of delay of filing the complaint is acceptable by the committee and if there is any physical or mental incapability in the aggrieved, then legal heirs or any such other person as provided in Rule 6 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (“the Rules”) may make a complaint. 
  • When a complaint is received, the committee, before initiating an inquiry, may try to settle the matter between her and the respondent through conciliation, and when a settlement has arrived, no further inquiry is conducted. If the conciliation fails or any term of the settlement arrived at has not been complied with by the respondent, the committee shall proceed further with the inquiry.
  • After completion of the inquiry within 10 days, the report of its finding shall be provided to the employer/District officer and the concerned parties. In case of any false filling or false evidence, the committee may recommend taking action as per the provision of the rule as prescribed in Rule 10.
  • Within 90 days of the recommendation before the court or tribunal, an appeal can be filed against the recommendations of the committee. 

It is also the duty of the Employer and the District Officer under Section 19 and 20 of the Act to do acts such as creating awareness on sexual harassment in the workplace, sensitizing the employees, assisting the complaint committee in conducting an inquiry, timely submission of reports to the committee, etc.
Non-compliance to these may result in a fine which may extend to fifty thousand rupees and can also lead to cancellation of license, renewable or withdrawal or cancellation of the registration as the case may be. It is also to be noted that during a job interview employers should not be asking about status, age, disabilities, race, caste, country of origin, sexual preference. Such behavior would also fall under Sexual harassment.

Conclusion:

In India, sexual harassment at the workplace is highly prevalent and there is a need for gender sensitization and letting an employee know the basic rules of workplace behavior. It is unlawful to harass a person because of a person’s sex. Both the party  can be either a woman or a man,, and the victim and harasser can be of the same sex. It has become a global problem in both developed and undeveloped countries in the world and should be looked upon seriously by both,employer and employees.

By Bhanita Das