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Showing posts with the label Legal Knowledge

Empowering the Future: The Critical Need for POCSO Training in Schools

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In today’s world, ensuring the safety and well-being of children is a top priority. The Protection of Children from Sexual Offences (POCSO) Act, enacted in India in 2012, is a landmark law designed to protect children from sexual abuse and exploitation. It outlines specific offenses, establishes special courts for swift justice, and prioritizes the dignity and privacy of child victims. Yet, the effectiveness of this law hinges on one critical factor: awareness. For this reason, training school students about POCSO is not just beneficial—it’s essential. Schools must recognize the gravity of this need and act decisively. I recently watched the Telugu-language legal drama Court – State vs. A Nobody (2025), written and directed by Ram Jagadeesh, which compellingly emphasizes the urgency of the issue. The film drives home the message that 'every child under the age of 18 should be aware of the acts and rules designed to protect them. advocating for legal education to be a core part ...

Maternity Rights: Transforming Indian Schools into Equitable Workplaces

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Maternity Rights: Transforming Indian Schools into Equitable Workplaces India stands at a crossroads in its pursuit of gender equality, with significant strides made in women’s rights yet persistent gaps that demand urgent attention. One such gap lies within the K12 education sector, where female teachers—vital contributors to shaping the nation’s future—often face the unjust denial of maternity benefits. Despite the Maternity Benefit Act, 1961, amended in 2017 to provide 26 weeks of paid leave, many schools, especially private and smaller institutions, flout these legal obligations. This failure forces female educators into an impossible dilemma: choosing between their professional commitments and their fundamental right to motherhood. The stakes are high. Female teachers, who constitute a substantial portion of India’s teaching workforce, encounter discrimination, job loss, and emotional strain when pregnant. This not only violates their rights but also weakens the education system b...

The New Era of Criminal Law in India: Analysing the Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniya

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By Sandigdha Mishra, Adv. advocate.sandigdhamishra@gmail.com On July 1, 2024, India witnessed a significant transformation in its criminal justice system with the introduction of three new laws: the Bhartiya Nyaya Sanhita (BNS), replacing the Indian Penal Code (IPC); the Bhartiya Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure (CrPC); and the Bhartiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act. These reforms aim to modernize, streamline, and strengthen the legal framework to ensure more efficient, fair, and transparent delivery of justice. Bhartiya Nyaya Sanhita (BNS) The Bhartiya Nyaya Sanhita marks a significant shift from the colonial-era Indian Penal Code, which had been in place since 1860. The BNS aims to address contemporary issues and incorporate provisions that reflect the changing dynamics of Indian society. Major Changes: Modernization of Offenses: The BNS introduces new categories of crimes that were either inadequately addressed ...

The Digital Personal Data Protection Bill 2023: Safeguarding India's Data Landscape

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By Sandigdha Mishra, Adv. Legal Consultant, School Compliance, Child Protectionist, Life Coach advocate.sandigdhamishra@gmail.com https://www.linkedin.com/in/sandigdhamishra/ In a significant step towards fortifying India's data privacy ecosystem, President Draupadi Murmu has given her assent for the data protection bill, 2003 on 11th of August, 2023, the Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 on August 9th and with the Lok Sabha's prior approval on August 7th,  this gave India it's data privacy law which addresses the citizen's personal data including Children. This bill/law is designed to regulate the handling of digital personal data, has far-reaching implications for data protection, consent, and accountability within the country. The bill/law is meticulously crafted to cover a wide range of scenarios involving digital personal data. It applies to data collected within India, whether in digital form or non-digital form that is subsequentl...

The Importance of Privacy Rights: Mandatory for Businesses of All Sizes under GDPR and Indian Privacy Laws

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  By Sandigdha Mishra, Adv. Legal Consultant, School Compliance, Child Protectionist, Life Coach advocate.sandigdhamishra@gmail.com https://www.linkedin.com/in/sandigdhamishra/ Introduction Privacy rights are fundamental rights that individuals possess to protect their personal information from unauthorised access and use. With the advent of digital technologies and the widespread collection and processing of personal data, safeguarding privacy has become a critical concern. This article examines the significance of privacy rights for businesses of all sizes, focusing on the requirements imposed by the General Data Protection Regulation (GDPR) in the European Union and the privacy laws of India. Personal Data -  Section 43A of the IT Act define “Personal information” to mean any information that relates to a natural person, which can be used, either directly or indirectly with some other information for identifying such person i.e. “Personally Identifiable Information”. Under ...

"Navigating the Workforce Web: Decoding the Contract Labour Act 1970 and its Applicability to Schools in India"

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  By Sandigdha Mishra, Adv. Legal Consultant, School Compliance, Child Protectionist, Life Coach advocate.sandigdhamishra@gmail.com https://www.linkedin.com/in/sandigdhamishra/ Introduction: The Contract Labour (Regulation and Abolition) Act, 1970 is a significant legislation in India that governs the employment of contract labourers across various industries, including educational institutions such as schools. This act aims to regulate and improve the working conditions of contract labourers while ensuring compliance with labor laws. In this article, we will delve into the key provisions of the Contract Labour Act 1970 and discuss its implications specifically on schools in India. In India Contract labourers suffers from inferior labour status, casual nature of employment, lack of job security and poor economic conditions. It was also observed that in some cases the contract labourers did the same work as the workers directly employed by the industrialist but were no paid the same...

Empowering Education: Ensuring Safe Schools with Responsible Leadership

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By Sandigdha Mishra, Adv. Legal Consultant, School Compliance, Child Protectionist, Life Coach advocate.sandigdhamishra@gmail.com https://www.linkedin.com/in/sandigdhamishra/ Introduction: Education is the cornerstone of a progressive society as it empowers individuals, fosters social mobility, and contributes to the overall development of a nation. It equips students with knowledge, skills, and values necessary to succeed in life and make meaningful contributions to society. However, the effectiveness of education is contingent upon the presence of safe and secure learning environments, as they play a pivotal role in nurturing the holistic development of students. This is particularly crucial in a country like India, where millions of children attend schools every day. Safe schools are essential for the well-being, growth, and academic success of students. When students feel safe and secure in their educational environments, they are more likely to engage actively in learning, express...