Most Reputed Indian Institute of Human Rights

Human Rights are rights inherent to all human beings irrespective to one’s nationality, caste, gender, place of residence, language etc. We are equally entitled to our human rights without any discrimination. Human rights are inalienable. Human Rights are based on the concept that every man and woman, regardless to his / her caste or creed, colour, race and nationality, is born with certain fundamental rights such as, the right to life, freedom from torture and other inhuman treatment, free speech and freedom of religion, rights to health, education and an adequate standard of living and so on. In order to increase the importance of Human Rights, it is necessary that the subject of human Rights be recognized by educational institutions as an independent discipline.

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With the spread of education and awareness of rights under the guide lines of Indian institute of human rights, people are not only fighting for their rights but also for the rights of other. Every person has dignity and value. One of the ways that we recognize this fundamental worth is by acknowledging and respecting a person’s human rights. Human rights are concerned with equality and fairness and recognize our freedom to make choices about our life and develop our potential as human beings. These rights are about living a life free from fear, harassment or discrimination.

There are a number of basic rights that people from around the world have agreed on, such as the right to life, freedom from torture and other inhuman treatment, rights to a fair trial, free speech and freedom of religion, rights to health, education and an adequate standard of living. These rights are the same for all people everywhere – male and female, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights ‘universal’.

Human rights cover every area of human life and activity, and include civil and political rights, such as freedom of speech and freedom from torture. They also include economic, social and cultural rights, such as the rights to health and education.

Importance of human rights are to live and exist, the right to equality, including equality before law, non-discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy. Besides these are political rights, which include the right to contest an election and to vote freely for a candidate of one’s choice.

Human rights are a benchmark of a developed and civilized society. Human Rights entail both rights and duties. Rights and duties are the two aspects of the same coin. Rights have their basis in the principle of live and let live. Rights and duties are interlinked and interdependent and a balance is to be maintained between the two. In case of an imbalance between these two, there is chaos. Violation of human rights is most common in totalitarian and despotic states. In the theocratic states there is much persecution and violation in the name of religion and the minorities suffer the most. Even in democracies, violation and infringement of human rights and freedom is widespread. The women, children and the weaker sections of the society are victims of these transgressions and violence.

The human rights and freedom ought to be preserved at all cost. Human rights may be reshaped according to the political needs of the country but they should not be distorted out of shape. The sanctity of human values, freedom and rights must be preserved and protected. For the protection of human freedom and rights, Human Rights Commissions should be established in all the countries. In cases of violation of human rights, affected individuals should be properly compensated and it should be ensured that these do not take place in future.

A one-month Online Certificate Course on Human Rights & Duties offered by Indian Academy of Law & Management (“IALM) helps you understand the concepts of Human Rights & Duties. The course also helps you in knowing the ways and means to protect your legal Human Rights against any unjustified action/s. The course is divided into five modules and covers the topics such as Concepts of Human Rights & Duties; Historical, Philosophical and Social Perspective; Legislation Specific Themes in Human Rights; Human Rights & Duties in India and Societal Problems in private and public domains. An online exam is conducted at the end of each modules of the course to check the progress of the learners. IALM issues a Certificate upon successful completion of the course. More details can be obtained at – http://www.ialm.academy.

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Intellectual Property Right Courses in India

Importance of Intellectual Property Rights can be understood in a simple manner. God gifted a wonderful thing called Brain to Man bestowed with imagination and creativity. With his imagination and creativity, he has been producing various articles or products for his needs, comfort and convenience. In the earlier era, the creations and inventions by him fell in a public domain. These were the common properties. Anybody could use and copy these creations and inventions without any restriction, reservation or payment. However, with the passage of time,theimportance and value of these creations was realized. The commercial aspect started playing a significant role in these creations. By end of Twentieth Century,the

things created and invented by the human mind were recognized as an intellectual property of the owner .The owner’s right over these properties was accepted and is known as an Intellectual Property Right (commonly called IPRs). A new set of laws called Intellectual Property Right Laws, were enacted to protect these property rights. These IPRs laws provided a protection to the owners under different categories and names like Patents, Industrial designs, Copyrights, Trade Marks etc.

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The intellectual property rights were essentially recognized and accepted all over the world due to some very important reasons-

a) To provide incentive to the individual for new creations.

b) Providing due recognition to the creators and inventors.

c) Ensuring material reward for intellectual property.

d) Ensuring the availability of the genuine and original products

e) To safeguard owner’s rights for his creations

The Intellectual Property Right courses in India are getting streamlined and therefore the knowledge of intellectual property rights is must to a common man. A common man everywhere and every time come across the things created, invented, discovered and produced by some human mind. These items of intellectual properties can be classified into two main categories:-

a) Industrial Property items

b) Copyright and related rights items.

The industrial properties items include all sort of inventions, trade marks, industrial designs, and geographic indicators of source. The copyrights and related rights items include all literary works which range from articles, news-paper items, novels, story books, poetry books, drawings, photographs, paintings, architectural design, music, dance, films and artistic performances etc.

The industrial property items are found all around us. All inventions are covered under this category. An invention has been defined as a process or a product which provides a new way of doing some thing or provides a new solution to a problem. Inventions are protected by the Patents. The owner of inventions can get his invention registered under a Patent. A Patent is granted for a period of 20 years form the date of filing the application of patent. After this period the invention is available to all for commercial exploitation and it becomes a public property.

Some of the products we use in daily life are protected by Trademark laws. A Trade mark can be registered like invention and industrial designs. The trade mark can be combination of words, letters, numbers, drawings, images, symbols, and even sounds. The trade-marks are generally registered for ten years but they can be renewed indefinitely by filing renewal application and paying the required fee.

A design is the aesthetic or the ornamental aspect of an article. The design can be two-dimensional like patterns, lines or colors. They can be three-dimensional like surface or shape of an article and have the commercial value. Due to these reasons,the industrial design is protected.

Some of the products we use have association with geographical indicators of source. The things like Basmati rice of Dehradun, Champagne of France, Darjeeling tea etc. are the product which can be protected by laws and international agreements because they are the geographical indicators of source.

The Copyrights are provided for items like literary, musical, artistic works like songs, musical scores, poetry, paintings, sculpture, films, architecture, maps, technical drawings; computer programs, data base etc. are provided to the creators. Copyrights provide exclusive right to the creator to use or authorized other to use their workers. The furniture is protected under industrial design whereas toys are protected under industrial design and copyrights.

Even the traditional craft items like hand-woven articles like carpets, cotton bed covers can also be registered for protection as an Industrial design. The protection of indigenous and traditional knowledge, folklore, culture and innovations are the some of the latest entries in the field of intellectual properties rights.

A common man comes across intellectual properties from dawn to dusk. The goods having a very wide spectrum and associated with food, shelter and clothes; the things of necessity, comfort and luxury. These properties have been covered under a patent or a copy right or a trade mark. Since a common man’s life is very closely linked with articles and products which are protected by law under intellectual rights. The copying, imitation, adaptation, and un-authorized reproduction of these things, without the permission of the owner, may amount to a serious offence.
Therefore,the knowledge about intellectual property right is must for a common man.

Indian Academy of Law & Management (“IALM”) offers a certification program on Intellectual Property Right course in India. An online course offered by IALM namely Advance Certifications in Intellectual Property Rights has been designed in such a manner that it not only cultivates among its students an interest in learning the subject; but also helps them understand the core of Intellectual Property Right.
This course can be done by any Law Student, Lawyer, Patent Agent, Scientist,
Chartered Accountant, Company Secretary, Government Official, etc. The course
curriculum has been designed and developed by Academicians, IP Attorneys and Senior
Advocates with an objective of providing comprehensive understanding of Intellectual
Property Rights and further to build employable skills in this area. More course
details can be obtained from the website of IALM (www.ialm.academy).

Online Courses in Law

Indian Academy of Law and Management (“IALM”) is a unit of The Indian Legal Foundation (“TILF”) that was founded as a not-for profit and non-Governmental organization. IALM offers highly interactive, well-researched, content-rich & case-studies based law courses. It’s coveted certifications carries immense weight before Global Industry, Law Firms, In-House Legal Departments, Government bodies and Public Sectors, as these courses are made and delivered by Former Judges, General
Counsels, Partner(s), Law Firms and Academicians.

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IALM has been in the forefront in providing online courses in law with a primary goal to enrich the legal understanding of our students. Law courses in India are highly demanded these days and demand for online law courses is also escalating very quickly. As a result, such courses are now gaining popularity among the students as well as professionals. Online learning offers the students an option of studying on their own and as per their convenience. Online courses also help professionals remain competitive and they are not required to take time off from their jobs in order to upgrade their skills. With an increase in the number of organizations looking to set their base in the Indian market, demand for legal services is also escalating. From setting up an establishment to manufacturing the goods and selling them, one has to adhere to legal procedures, and in order to cater to legal procedures and regulation, demand of legal services goes up. Thus, courses in law are greatly demanded both by students and professionals.

IALM offers several short-term Online Law Courses and aims at giving quality education at affordable prices. The online courses offered by IALM not only help students and professionals enhance their skills but also help them in expanding their horizons. These courses are extremely flexible can be done from anywhere and at any time. Courses currently offered by IALM include – Advance Certification in Intellectual Property Rights IPRs, Certificate Course in Cyber laws, Drafting Legal Pleadings, Certification in Corporate Laws, Paralegal Certification, Labour Laws, Merger & Acquisition, Competition Laws, Human Rights & Duties, RTI, Environmental Law and many latest legal courses that are required to run and manage the modern day Corporations, Government and Administration of Justice. Whether you are starting your Legal career, brushing up your skills or wanting to expand your skills, we have a short-term course for you that works as a guide and offers you the flexibility of doing the course as per your convenience. IALM courses details can be obtained at –
http://www.ialm.academy.

IALM sincerely hopes that the learners will find the courses very informative and
worthwhile and will learn a lot from these courses.

BLACK MONEY [THE UNDISCLOSED FOREIGN INCOME AND ASSETS]

The Black Money Bill has received the assent of the President on the 26th May, 2015. This Act, shall come into force on the 1st day of April, 2016.

The Bill provides for separate taxation of any undisclosed income in relation to foreign income and assets. Such Income will not be taxed under the Income-tax Act but under the stringent provisions of this legislation.

SCOPE:

The Act will apply to all persons resident in India. Provisions of the Act will apply not only to undisclosed foreign income but also to undisclosed foreign asset (including financial interest in any entity).

The law provides for the taxation of undisclosed foreign income and assets at a flat rate of 30 per cent. No exemptions, deductions, set-off or carry-forward of losses under the provisions of the Income Tax Act would be allowed.

  • Undisclosed Foreign Asset: An asset (including bank balances) located outside India which the assessee owns and does not disclose or fails to show the source to purchase the asset. The Fair Market Value of the asset will be considered for taxation.
  • Undisclosed Foreign Income: Any income derived from any source from outside India by the assessee, that is not disclosed will be considered for taxation

If the Incomes and Assets are exhaustively disclosed, then tax, penalties and prosecution will not arise.

A foreign asset, even if disclosed in the income tax return, may be treated as an undisclosed foreign asset if one is not in a position to prove the source of investment of that asset. Therefore, mere disclosure of the asset in the income tax return may not suffice to be harmless from this law.

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APPLICABILITY:

  • This Bill covers all Residents, so also covers Companies(and other entities)
  • Expatriate employees, including their family members, qualifying as Ordinarily Residents would also fall under the Bill’s ambit
  • In case of companies, if it is proven that the offence has been committed

    with the consent or connivance or is attributable to any neglect on the part of the manager, secretary or other officer of the company, such person will also be held guilty and liable

  • There are specific provisions for making managers (defined to include the managing director in certain instances) of a company jointly, and severally liable for payment of any amount due if the amount cannot be recovered from the company

ASSESSMENT PROCEEDINGS

  • The Income Tax Authorities continue to levy taxes and administer revenues through the Income Tax Act, however, will refer to this act with regard to any Foreign Assets and Foreign Incomes
  • Tax authorities can make any inquiry or investigation into matters of the assessee even though there are no proceedings pending before it
  • AO will serve notice on the assessee before proceeding to take any action under this Act
  • The principles of Natural Justice cannot be violated. The assessee will be given an opportunity to be heard and to appeal to the ITAT, High Court and Supreme Court(where substantial question of law is involved)

Penalties

The penalty for non-disclosure of income or an asset located outside India will be equal to three times the amount of tax payable thereon, i.e. 90 percent of the undisclosed income or the value of the undisclosed asset. This is in addition to the tax payable at 30 per cent.

Failure to furnish return in respect of foreign income or assets shall attract a penalty of Rs.10 lakh. The same amount of penalty is prescribed for cases where, although the assessee has filed a return of income, he has not disclosed the foreign income and asset or has furnished inaccurate particulars of the same.

Subsequent and second offence will be punishable with rigorous imprisonment of 3-10 years with fine upto 1 crore rupees.

 Prosecutions

The Bill proposes enhanced punishment for various types of violations.

Abetment or inducement of another person to make a false return or a false account or statement or declaration under the Act will be punishable with rigorous imprisonment from six months to seven years.

This provision will also apply to banks and financial institutions aiding in concealment of foreign income or assets of resident Indians or in falsification of documents.

 How to protect yourself:

  • The Bill provides for a one time compliance scheme where the assessee can disclose any foreign asset acquired by him/her prior to the current Assessment Year (AY 2016-17)
  • Tax will be levied at 30% and penalty equal to the same amount will be levied as well. However, this is not an amnesty scheme as penalty will not be waived and cannot be avoided
  • There will be no additional interest u/s 234 which will be levied
  • Such amount disclosed under the Compliance Scheme shall not be included in the income of any Assessment Year under the income tax act. Hence, assessments cannot be reopened due to disclosure under this scheme
  • The compliance window will not be offered to non-resident Indians or professionals working abroad — it is only being provided to Indian residents who are income tax assessees and have spent more than 182 days in a year in India.
  • Under this voluntary disclosure of income scheme of sorts for Indians holding black money outside the country, no wealth tax will be levied on the declared income and no prosecution will be based on the declared income of those who avail of this one-time opportunity.

 Impact on Other Laws

  • The assessee will be required to file a declaration with the details of the Asset and Incomes. This declaration will not be considered evidence for initiating penalty proceedings under the Income Tax Act, Wealth Tax Act(now no longer in use), or FEMA
  • This will not affect any agreement that The Central Government may enter into with any foreign countries regarding Double Taxation Avoidance Agreement, Exchange of information or Investigation etc.

Protections:

 The principles of natural justice and due process of law have been embedded in the Act by laying down the requirement of –

  • mandatory issue of notices to the person against whom proceedings are being initiated
  • grant of opportunity of being heard
  • necessity of taking the evidence produced by him into account
  • recording of reasons
  • passing of orders in writing
  • limitation of time for various actions of the tax authority, etc.

Further, the Right of Appeal has been protected by providing for appeals to the Income-tax Appellate Tribunal, and to the Jurisdictional High Court and the Supreme Court on substantial Questions of Law.

Failure to report bank accounts with a maximum balance of upto Rs.5 lakh at any time during the year will not entail penalty or prosecution.  This safeguard is to protect persons holding foreign accounts with minor balances which may not have been reported out of oversight or ignorance.

Lot of misinformation circulating regarding new blackmoney law, the Finance Ministry is likely to issue FAQs explaining the provisions of the new blackmoney law and also to clarify whether one-time compliance window can be availed by persons already under probe. So it is advised to wait for some time for more clarity on this legislation.

For more info of Course in Law visit us at www.ialm.academy

 

Labour Law Courses

Labour laws are the kind of laws which ensures a guarantee of protection for the workers. Framing the structure of labour laws has always been the matter of dispute in the federal structure of India because this is the subject of concurrent list and the right to frame the laws is with both the parties state as well as the center. There are many aspects which are carefully included in the labour laws in India and also in the curriculum of Indian law institute, like- Employment contracts, it means that the government has the right to fix the terms, like- working hours, leave, dismissal procedures, productivity goals as well as the workers classifications according to their assigned duties. Second is wage regulation, in which a minimum wage fixed by the government according some fixed working hours and it will have to be pay by the company on a daily or monthly basis as per the contract. Third is health and safety, in which the company has to maintain all the required arrangements of safety and healthy working conditions and if any case of mishappening with the labour in company’s premises, then the company is liable of any damage claim by the labour.  Various courses are running in India in Labour laws and these courses are playing a very significant role for labour union leaders, Industrial Relation professionals, Lawyers, Employment lawyers and practitioners, HR managers. Any person who wants to establish a business has to be aware of these laws because any hiring of the employees is entirely based on these laws.

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Many universities are now running many labour law courses, like- Diploma in Labour laws and Administrative law, BA(labour management), MA(labour management), Post graduate diploma in labour administration, PhD courses. These all mentioned courses are different in their duration from 6 months to 3 years. Some of the universities also come with the facility of online labour law courses for the working professionals. The fee of the whole course is depending on the university functions and the affiliation it got. But before opting of any course in law, one must check the affiliation and recognization of the university.