IS THAT LEGAL

Surrogacy ban justified

Surrogacy for foreign couples new

Surrogacy services for foreign couples have been banned in India. Is that not a violation of an Indian woman’s right to livelihood?

The Indian government has banned surrogacy services for foreigners due to concerns raised over the largely unregulated industry. In many surrogacy agreements, poor women are sucked into it because of the money involved, thus heightening the risk of exploitation and abuse.These women enter into lucrative contracts as foreign couples pay much more than what they would have received in the country for such services. As of now, only Indian nationals who cannot have children can commission wombs, a practice

Missed an exam?

MISSED EXAM

If a student misses an important exam because of a breakdown in the city’s public transport infrastructure or due to a strike, curfew or traffic jam, can he appeal to the concerned university or board for re-examination? What does the law say about it?

In any genuine case like this, the student can request the concerned university or board and explain his inability to write the exam. In most cases, if the university finds that the problem is genuine, it does make arrangements for the student to give the exam, though it’s a discretionary power in the hands of the university or board. In cases where the university or board fails to admit the cause of the student, he or she can approach the high court by filing a writ and seeking directions against the university or board for appearing in the exam.


 Watching obscene images

obscene imageIf an obscene image is uploaded online, how can the person uploading it be tracked and punished? Are there international protocols that bar a person of one country from uploading an objectionable photograph of a person belonging to another country? How can such a person be punished? And can those who just view the photograph also be punished?

Any person uploading an obscene image can be tracked using the Internet Protocol Address (IP Address) which is a numeric label—a set of four numbers (eg. 202.54.30.1), that is assigned to every device using the internet. Website operators and ISPs typically maintain data logs in order to track the online activity of each IP address. Any individual accused of uploading obscene images online can be punished as per IT Act 2000, with imprisonment up to 3 years and fine up to Rs. 5 lakh. In the event of a second or subsequent conviction, the imprisonment term may extend to five years and fine to `10 lakh. There is no international protocol which bars a person of one country from uploading an objectionable photograph of a person belonging to another country. It depends on the laws of each country regarding censorship on the internet. In India, those who watch such photographs cannot be punished as it is not a punishable offence here.


 Photocopying books

PHOTOCOPYPhotocopying of books by university students is a common practice. While it’s unaffordable for students to buy books, can a publishing house take the students and photocopier outlets to court on any account? What means do authors and publishers have to keep a tab on photocopying outlets near colleges?

Indeed, buying books is often unaffordable for students, and therefore, they photocopy that book. As far as its legality is concerned, photocopying by students is subject to fair use. A single photocopy of a part of a copyrighted work would be considered fair use, but making multiple copies of articles or book chapters for distribution to classmates or copying material from workbooks would most likely not be considered fair use, and thus, can invite legal action. Authors and publishers can take legal action against photocopying outlets near colleges if they sell photocopies of books for commercial purposes. In 2012, Oxford Publications sued a photocopier near the Delhi School of Economics, alleging that the vendor was bringing out “course packs” by reproducing study material from their books without authorization.