Advocate Bobby Aanand is answering questions on legal matters at #OpoyiLegal. Post your queries for her in the comments section below.
Q) I used swear words with a girl on her social media account. Now her brother is threatening me. What should I do? – ssingh.
A) First of all, social media has an etiquette that should not be breached especially with respect to women as that can land you in trouble for harassment and other offences under the Indian Penal Code, 1860. Having said that, you can consider apologising to her brother while at the same time informing him that it is illegal to threaten and can invite police action. Alternatively, you can lodge a complaint with the concerned police station as threatening would fall under s.503 of the IPC that deals with criminal intimidation. The punishment is maximum 2 years imprisonment or fine or both as per s.506 of the Indian Penal Code, 1860. In the case of threat to life or grievous hurt, it is punishable with life imprisonment or imprisonment up to 7 years or fine or both.
Q) My neighbour has opened an office on his terrace. The whole day people keep coming and going causing a lot of disturbance. What legal recourse do I have? – nidhipg5
A) The options available are: (1) If you are living in a housing society, you can give a written complaint to the society. (2) You can complain to the police citing s.268 of the Indian Penal Code, 1860 i.e. public nuisance. (3) You can send your neighbour a legal notice (through a lawyer) for causing you disturbance and inconvenience citing s.268 above and if nothing happens follow it up with a court case.
Q)My employer is forcing me to take COVID vaccine. What action can I take? – royfelix
A) Employers cannot insist that employees undergo vaccination as a condition of continued employment. You can inform your employer that vaccination is voluntary and has not been made mandatory under law and no employee can be compelled to take vaccination. However, it is in your own interest to get vaccinated as early as possible unless underlying medical conditions stop you from taking the vaccine.
Q) My company is reducing my pay by 50% citing the second wave of coronavirus even though it has made profits. Is it legal? – priyanka1994
A) Covid times are peculiar times and any action of salary cut can neither be said to be legal nor illegal. A court case may not be of help because the company can cite cost-cutting measures like office space rent, other services linked to daily office operations as the reasons for profits. The courts would generally not interfere and leave it to be solved mutually between the employer and employee. So it is best to have a discussion with your employer and see what works out best for you both. Remember it is the employer%u2019s discretion and there is no mandate for private employers. Otherwise, be on the look-out for a suitable change.
Q) My children%u2019s school is charging hiked fees for online classes during Covid. What are my rights against the management? – ashudesai
Schools cannot increase fees unless they have approval from the state education department. The Supreme Court has very recently held that the State may regulate the fee structure of private unaided schools to ensure that the school management does not indulge in profiteering and commercialisation, but in the guise of exercise of that power, it cannot transcend the line of regulation and impinge upon the autonomy of the school to fix and collect %u2018just%u2019 and %u2018permissible%u2019 school fees from its students.
You can approach the management stating your financial difficulties or inability to pay the increased fee currently. If that goes unheeded, you can approach the courts singly or jointly with other parents against the fee hike. However, bear in mind that the school could also say that virtual/online classes have increased its costs citing reasons like having to buy laptops and pay for internet connectivity for teachers who did not have the required infrastructure to conduct online classes.
Q) I work as a corona warrior. My landlord harassed me to vacate but now he is not returning the security deposit. What legal remedy is available to me? – shalinimahi32
A) You can file a FIR against the landlord. The second option is to issue a legal notice stating the harassment and unlawful eviction along with seeking a return of the security deposit. If the landlord ignores the notice or refuses to pay, you can approach the courts for the security deposit amount and damages.
I had booked a make-up artist for a wedding in April which I could not attend due to lockdown restrictions. She is refusing a refund and saying I can book her again at the charges which will be applicable at the relevant time? Do I have a remedy? – aparnadg
You can ask her to adjust the money against any other service which you can avail of currently. The remedy would be to approach the consumer courts for refund and compensation for harassment but it may not be worthwhile if the amount is nominal.
Q) I have started a small business and need to protect my logo? What can I do? – sharpshooter123
You can visit the Indian trade marks registry website
www.ipindia.nic.in
and then proceed further under the %u2018Trademarks%u2019 section. Registration can be done manually or online. You need to sign up and have a digital signature. Follow the steps and in a short time you will receive an acknowledgement for your trademark registration application.
(Views expressed are personal)
