Know Your Rights

12/04/2018

Not only facebook - Google, Microsoft, websites that uses cookies and even keypad that we type in collects our personal data. We agree to the terms and conditions before using their service, but we fail to read those terms and conditions. There is no point in blaming Mark Zuckerberg for using our personal data when we expect free service from them. It's better not to create account in online platforms when we expect privacy. There is no such thing called free lunch. Pay for an app to get privacy or agree to their terms to use their free service. The choice is with us😎

12/01/2018

Stopped by Traffic Police: Know your Rights

A traffic officer can stop a vehicle at any time and for any reason on any articulable suspicion, whether there is apprehension over your driving, suspicion over a traffic infraction or any other crime.

Powers of a Traffic Officer

A traffic officer is empowered to demand your driving license and inspect other necessary vehicle documents such as a registration certificate, insurance certificate, valid PUC certificate and a fitness permit. It is pertinent to carry the original documents and produce them when demanded. Failure on your part might lead to fine or arrest and court proceedings.

He/She may impound your driving license and other vehicle documents if deemed necessary. Such police officer shall give to the person surrendering the license a temporary acknowledgment receipt. Such receipt shall authorise the holder to drive until the license has been returned or until such date specified in the acknowledgment receipt.

A traffic officer is an absolute authority on a road. If he/ she give you instructions, it is your duty to obey them, regardless of the electronic traffic signals.

A police officer is empowered to seize and detain your vehicle if you are driving without your license, permits, and certificates or if your vehicle is not registered.

A police officer in a uniform may arrest you without a warrant if you are found in his/her presence committing offence such as driving dangerously or under influence of alcohol or using a vehicle without authority.

What to do when you are pulled over?

You must stop your car when signaled by a traffic police and produce the documents required by the officer; otherwise, you are breaking the law if you don’t.

You may ask him the reason for stopping you; however, you should not get into an argument. If you feel there is a genuine reason behind breaking the rule, explain it to the officer.

If you have committed any mistake explain it to the officer candidly and seek his pardon. He may let you off with a warning if approached with courtesy.

Do not drop names of policemen or influential people.

If the police officer confiscates your driving license, you may compound the offence by paying a fine to the police officer under whose jurisdiction your license was confiscated otherwise you will be provided a notice from the court. In case you fail to appear before the court, an arrest warrant may be issued.

If the police officer is an officer of a rank sub-inspector or above, you may compound the offence on the spot by paying a fine.

26/10/2017

Is everyone aware of the fraud done by Tikona Broadband network?

You will not be able to come out of Tikona Broadband network easily once you become a customer to them. If you raise a request for disconnection you will not get any response. The bill will keep on getting generated even if you don't use the connection. You will get calls and messages to pay the bill and after some months a guy will call and threaten you that a criminal case is going to be filed in delhi high court. Please see the below links where users mentioned how they got cheated by Tikona Broadband network. So guys don't believe these cheaters anytime!

http://www.lawyersclubindia.com/forum/Case-against-me-by-tikona-80392.asp

http://www.consumerforums.in/threat-and-a-blackmail-from-tikonas-legal-department

https://www.quora.com/What-is-your-review-of-Tikona-Digital-Networks

http://forum.tikona.in/viewtopic.php?f=48&t=283002

I had a tikona connection in bangalore which was disconnected in Feb I have received call today from Tikona Digital Networks Pvt Ltd Advocate Mr Akhand Pratap S

01/10/2017

6 Rights of Wives in India and Why It Is Important to Know About Them

The constitution has provided many rights to married women. Some of the key rights are:

1. Right to Streedhan – A wife has ownership rights to all her streedhan, that is the gifts and money given to her before and after marriage. The ownership rights to streedhan belong to the wife, even if it is placed in the custody of her husband or her in-laws.

2. Right to residence – A wife has the right to reside in the matrimonial household where her husband resides, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.

3. Right to a committed relationship – A Hindu husband cannot have an affair or marry another girl unless he is legally divorced. A husband can be charged of adultery if he is in a relationship with another married woman. His wife also has the right to file for divorce on the grounds of his extra-marital relationship.

4. Right to live with dignity & self respect – A wife has the right to live her life with dignity and to have the same lifestyle that her husbands and in-laws have. She also has the right to be free of mental and physical torture.

5. Right to maintenance by husband – A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards.

6. Right to child maintenance – Husband and wife must provide for their minor child. If the wife is incapable of earning a living, the husband must provide financial support. If both the parents are financially incapable, then they can seek help from the grandparents to maintain the child. A minor child also has the right to seek partition in ancestral property.

23/08/2017

Legal Question in Wills and Trusts in India

Property division in a family as per hindu succession act

We are three children, two daughters and one son.All of us are married. My
father expired in Dec 2005, leaving behind his estate which consists of a huge
house and some
money. All his property is earned property. My mother expired in 2003.We
are not sure if has left a will. We have searched everywhere but could
not trace the will. My brother claims the following:
1. As per the Hindu Succession Act, he has the sole ownership and right
over the house as he has been dwelling and residing in the house with my
father. And that as per this act, he can transfer the property to his
name, without the consent of the sisters.
2. Since he is the nominee for most of the accounts, deposits and shares,
he has relased it and preserved it for his use after 6 years. And that we
can stake no claim as he is the nominee.
Kindly clarify if the above points are legally valid. If they are not has
the case got any strength for the daughters to fight for their share?

Answered by: Jayesh Desai

Re: Property division in a family as per hindu succession act

Daughters and sons are treated equally - both have same rights. A nominee is a mere 'trustee' of the property till it is handed over to its right full owner. You may contemplate filing a suit - keeping in mind family peace, sometimes it is necessary not to litigate to keep peace in family. You must decide based on your wisdom, and requiremnet of the day.

Legally - you can recover the said property and are entitled to do so.

Source: https://www.lawguru.com/legal-questions/india-wills-trust-probate/property-division-family-hindu-succession-927440339/

Legal Question & Answers in Wills and Trusts in India : Property division in a family as per hindu succession act We are three

08/06/2017

27/12/2015

Should I support Facebook's Free Basics in India?

Source: Quora
Answer posted by Ksh*tij Salgunan

Do you have any idea why 'Internet.org' was renamed to 'Free Basics' just for India?

About 1 year ago, when Internet.org was launched in India, many netizens protested and stopped it as it was against the net neutrality. Facebook was shocked by this response. So, the marketing department of Facebook renamed it to 'FREE BASICS' and relaunched as they thought Indians will never say 'no' to anything which is given for free.

Now, Facebook is aggressively marketing to get it accepted by India's Telecom regulator. They are publishing full page newspaper ads, roadside banners and online ads. They stooped so low from their standards and started sending constant notifications to all their Indian Users to click a button which will send a mail to TRAI saying that you support 'Free basics'. They even 'accidentally' sent these notification to foreign users.
They make their ads look like they are doing a favor for India through 'Free basics' and our evil government is stopping their good efforts. And, if you do not accept their nagging notifications, then they make it look like you are a bad person who doe'n't support 'digital equality' showing the list of your friends who support it.

'Digital equality'- another term coined by Facebook for their ads. Does that word look suspiciously similar to 'Net neutrality'? Aye?

What is 'Free basics'/'Internet dot org' according to Facebook?
Free Basics by Facebook provides free access to basic internet services to a billion people all over the world.

Free Basics makes the internet accessible to more people by providing them access to a range of free basic services like news, maternal health, travel, local jobs, sports, communication, and local government information.

To date, we’ve been able to offer these services to a billion people across Asia, Africa and Latin America. By introducing people to the benefits of the internet through these services, we hope to bring more people online and help improve their lives.
Source: Free Basics - Documentation - Facebook for Developers
That really really makes it look so world changingly good, right? Who doesn't want free unlimited internet?

You can imagine that a poor kid in a Chhatisgarh village in central India should be able to see Khan Academy videos, her Dad should be able to look up agricultural spot prices on Google or a commodity exchange and perhaps her Mom could look for a better-paying job at a top job board. But natch, none of these are part of the so-called "Internet/Free Basics" that Facebook offers the poor. Videos in fact, are not available at all, presumably to conserve bandwidth so it can be retained for more important things like villagers sending each other Candy Crush requests.
There is no Google, there is no Linkedin, there's no Alibaba, there's no Amazon, there's no Flipkart, there's no eBay. No place these folks can buy, or sell or trade. There's no Kiva or other bottom-of-pyramid money service. No loans they can receive. No government sites, no banks. No Coursera or EdX or Khan Academy - so it's not about education either. Forget about entertainment - there's absolutely none of that. And no Quora, of course. You name any possible site of importance to someone who needs information and opportunities, and it's not there. But, hey, I guess then you can always poke folks in the next village!
Source: https://www.linkedin.com/pulse/i...

What is 'free basics' according to rest of us?

Free basics give free internet access to Facebook and few other internet services approved by Facebook.
The internet market growth is getting saturated in the western world as most people are already using internet. India and other Asian countries have a large untapped population who are yet to use internet. Facebook wants to acquire these users by any means possible. One easy way to make Facebook popular among these users is to give it for free.
Do you know how drug-agents get college students addicted to their drugs? They first give it for completely free. Then once the students get addicted to it, they start charging them heftily.
Free basics is launched for Facebook's best interests. Otherwise why are they so pushy about this and investing millions for the ad campaign itself, when people are clearly protesting against it? Reliance - the official network partner of Free basics advertises it as 'Free Facebook' on newspapers (Source)

What are 'basics'?

Facebook or Whatsapp wasn't a basic internet service 10 years ago. If some other company X had offered their service free from past 15 years then facebook/whatsapp wouldn't have even existed.

The things which may look basic now may not be basic in next 10 years. By giving Facebook control of which apps to give for free, we are creating a monopoly. New startups won't be able to compete as everyone will use the Facebook's free alternative.

For example:- If free basics was launched in 2010, then Whatsapp would never have been so popular as 'Facebook Messenger' would have been free, while you would have to pay data charges to use 'Whatsapp' or any other service. This creates a monopolistic environment where only Facebook will thrive.

What is Net neutrality?

Net Neutrality is the principle that Internet service providers and governments should treat all data on the Internet the same, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication.

It is one of the fundamental principle due to which Internet exists in the form we see today.

Source: Net neutrality- Wikipedia
Look how pushy is facebook about this?
Poster ads at railway stations:-

Source: Vinay Rawat on Twitter
Ads on google search (Facebook paid money to google to put this ad on your search.)


Source:- Facebook shares 10 key facts about Free Basics. Here's what's wrong with all 10 of them

"What net neutrality activists won't tell you?" - Seriously? This is the title they used in their newspaper ads.

The guys behind Save The Internet! have given a befitting reply.
You can read the reply here:-

1) There are other successful models (this, this, this) for providing free Internet access to people, without giving a competitive advantage to Facebook. Free Basics is the worst of our options.

2) Facebook doesn’t pay for Free Basics, telecom operators do. Where do they make money from? From users who pay. By encouraging people to choose Free Basics, Facebook reduces the propensity to bring down data costs for paid Internet access.

3) Free Basics isn’t about bringing people online. It’s about keeping Facebook and its partners free, while everything else remains paid. Users who pay for Internet access can still access Free Basics for free, giving Facebook and its partners an advantage. Free Basics is a violation of Net Neutrality

4) Internet access is growing rapidly in India. We’ve added 100 million users in 2015. Almost all the connections added in India in the last 1 year are NOT because of Free Basics.

5) Free Basics is not an open platform. Facebook defines the technical guidelines for Free Basics, and reserves the right to change them. They reserve the right to reject applicants, who are forced to comply with Facebook’s terms. In contrast they support ‘permissionless innovation’ in the US.

6) The only source of info on Facebook’s Free Basics is Facebook, and it misleads people. Facebook was criticised in Brazil for misleading advertising (source). Their communication in India is misleading. People find the “Free” part of Free Basics advertising from Facebook (or FreeNet free Internet) from Reliance misleading (source).

7) Facebook gets access to all the usage data and usage patterns of all the sites on Free Basics. No website which wants to compete with Facebook will partner with them because it will have to give them user data. Facebook gives data to the NSA (source) and this is a security issue for India.

8) Research has shown that people prefer to use the open web for a shorter duration over a limited set of sites for a longer duration. (source)

9) Facebook says that Free Basics doesn’t have ads, but does not say that it will never have ads on Free Basics.

10) Facebook has shown people as saying that they support Free Basics when they haven’t. They may claim 3.2 million in support, but how many of those mails are legitimate?

Facebook shares 10 key facts about Free Basics. Here's what's wrong with all 10 of them

What can facebook actually do without violating net neutrality?

Facebook can give all Indian users free full access to internet upto certain data limit every month.(For example: 100MB internet free for everyone every month without any restrictions. Facebook can pay for that as part of their philanthropic effort.)

Free internet at low speeds upto certain data limit
Ad supported free internet, but with no restrictions on which site/app you can visit and which you can't.

Give subsidized data coupons like Rs10 for first 200MB of the month.

Lay the infrastructure(cables, routers etc) to connect villages/rural towns.

Give free unrestricted internet to poor people in selected regions.
They can create something like 'GoogleWebLight For Slow Internet' which will reduce the data size of all websites and provide it for free.

Mozilla in partnership with Grameenphone in Bangladesh allows users to receive 20 MB of data usage for free each day, in exchange for viewing an advertisement.

Aircel is going to give free unrestricted internet at the speed of 64kbps across the country.

Remember this. Internet exists in its current form because of net neutrality. (It is not just a buzz word.) If it wasn't neutral then you wouldn't be reading opposing opinions. Do you think Facebook will allow Save The Internet! in their platform?
Facebook just added savetheinternet website to the security blacklist and is showing this warning to atleast some users.

What can you do to stop 'Free basics'?

You can go to Save The Internet! and sent an email to TRAI saying you are against this. TRAI have already put a ban on 'free basics' till 31st Dec and is asking user's input.
You can spread this information and ask your friends to also do the same.

They have made it very difficult to write convincing articles against it, as the writer would end up looking like a jerk/elitist if they say "I am against free basics for the poor". This is why it is important for the people who know the truth to help others understand it. Is it possible to stand against a multi million dollar advertising campaign containing the word 'free' by a company which already has direct access to most internet users?

There is no such thing as a Free lunch.

Update:
Microsoft, Paytm and Truecaller have strongly opposed 'Free basics '-(Source)
Mahesh Murthy (co-founder Seedfund) opposes 'Free basics' in his LinkedIn article.
Tim Berners-Lee (Inventor of the World Wide Web) opposes 'Free basics' (Source)
"Free Basic means 'Free Basic users for Facebook' and NOT 'Free Basic Internet for poor'." - My tweet:- ksh*tij salgunan on Twitter

07/12/2015

If NOTA wins in the Indian elections then who will rule India? Will it become a military government or will it come under Governor's rule?


As of now NOTA is only symbolic. Any number (percentage) of votes in NOTA does not affect results of election, I mean though NOTA got majority of vote then also it will not have any impact on candidate who won the election.

ie if out 100 votes, NOTA got 60, candidate A got 30 and other candidates got totally 10 votes then candidate A will be announced as winner.

Some other facts about NOTA -

1. NOTA facility was present since long time, till 2 years back it was known as 49 O article. Only difference was , previously if voter was wanted to vote for NONE of the candidates then he had to sign on a register called 17 A available at polling booth, since 2013 Election commission has provided extra button in EVM instead of signing on register after Supreme courts order. It helps voter to hide identity.

2. Though NOTA does not affect the final result, but it helps you to raise your voice against current candidates that "you didnt like any of them" it helps other new political parties to analyze statistics that in this area more frustration with current politicians.

3. Most Important advantage of NOTA, it helps to avoid False Voting. After lots of effort ECI has not able to completely stop False/Fake voting. When you don't go for voting some body else on the behalf of you may go with fake voter id and vote. If you don't like to vote any politician in your assembly, then also you should go and cast your vote , may be to NOTA. It will ensure that no body else later can come and vote on the behalf of you because voting percentage can not increase more than 100%.

Source: https://www.quora.com/If-NOTA-wins-in-the-Indian-elections-then-who-will-rule-India-Will-it-become-a-military-government-or-will-it-come-under-Governors-rule

Answer (1 of 2): As of now NOTA is only symbolic. Any number (percentage) of votes in NOTA does not affect results of election, I mean though NOTA got majority of vote then also it will not have any impact on candidate who won the election. ie if out 100 votes, NOTA got 60, candidate A got 30 a...

05/07/2015

Violation of privacy through CCTV cameras rampant, say experts

Lack of detailed legislation and stiff penalties, as well as low awareness among the general public about the pitfalls of being under surveillance, are some of the reasons behind the rising number of such instances

Blatant misuse of closed circuit TV cameras installed in retail shops, hotels and public places is a "de facto norm" in India, experts say. For the offence, cases of which are multiplying on a daily basis, one can take legal recourse under section 66E of the Information Technology Act, 2000. So far, however, there has been no reported conviction under the provision.

The issue has once again come to the fore after Union human resource development minister Smriti Irani spotted a camera allegedly pointing towards the trial room at a Fabindia showroom in Goa. The police have made several arrests in the matter. It is also planning to question the retail firm's chief executive and managing director, William Bissell.

Cyber law experts say several cases of installed CCTV cameras violating privacy are emerging, be it cameras installed in cabins of employees, in changing rooms of malls or in public and private bathrooms. Recently, an 18-year-old employee of a popular lounge and bar in Mumbai was arrested after he was found videotaping women in the toilet, through a mobile phone taped to the wall. There are instances of such violations on a routine basis in hotel rooms of honeymooners, which find their way to p**n footage on the internet.

Lack of detailed legislation and stiff penalties, as well as low awareness among the general public about the pitfalls of being under surveillance, are some of the reasons behind the rising number of such instances. The fact that India neither has a detailed data protection law nor a privacy law only amplifies the concern.

"Digital voyeurism is increasingly dramatically in India because of the proliferation of mobile phones with cameras and the easy availability of spy cameras. A quick survey of Indian p**nography online will confirm most of it is doubly illegal - because production of p**nography is illegal and because it has been produced as a result of digital voyeurism," says Sunil Abraham, executive director of the Centre for Internet & Society, a Bengaluru-based think tank. Massive consumption and circulation of these clips result in the rights of women being infringed again and again, he adds. "It is a terrible situation."

The IT Act, 2000, is the parent legislation to deal with electronic surveillance. If a camera captures images of the private parts of a person, male or female, or transmits such images without consent, the offender can be booked under section 66E.

However, the provision is a "toothless wonder", as it is a bailable offence, with only three years of imprisonment and a fine of Rs 2 lakh, says cyber law expert and Supreme Court advocate Pavan Duggal. He adds since there are no clear guidelines on how to capture (the format), preserve (the duration) and present the CCTV camera footage, investigations into such crimes aren't done properly, leading to no convictions so far.

"Our law is patently wanting because this is not the first time this has happened; cases are being reported every now and then. The lack of quantified damages emboldens the offender," says Duggal.

Under the IT Act, if a camera captures obscene electronic information, the owner of a CCTV camera can be booked under section 67, but if the camera captures sexually explicit information, it is classified as a non-bailable offence under section 67a, entailing five years of imprisonment and a fine of Rs 10 lakh.

There are instances of CCTV cameras being installed in schools, which is a bigger issue, as it might tantamount to child p**nography.

A few months ago, a CCTV camera installed at a public place captured a couple making love. In another case, a camera captured a couple kissing in the Delhi metro. The footage of both found their way to the internet.

"In today's times, CCTVs are an absolute must. So, legislation will have to strike a balance between privacy and security," says Duggal. He adds detailed guidelines are required on the responsibilities of CCTV camera owners as far as due diligence is concerned, as they are classified as intermediaries under the IT Act. Also, the extent of the liability in cases of leak of sensitive information or footage has to be specified.

The privacy law, which has been at the drafting stage since the past five years, aims to have a separate chapter on surveillance, detailing the dos and don'ts for CCTV cameras. Abraham says, "The passage of a privacy Bill by the Parliament will ensure internationally accepted privacy principles will be implemented in the letter of the Indian law." This will ensure citizens have rights that they can enforce against corporations and government agencies using CCTV cameras, adds Abraham, an active participant in framing some drafts of the privacy law.