Legal News Shots- The Best Shots of the Day
Legal News Shots- The Best Shots of the Day

INDIA – The New Anti-Conversion Law Of Himachal Has An Ancient Provision Quashed By The High Court

The Himachal Pradesh Government has updated a previous anti-conversion law, increased the quantum of the penalty and added new clauses, including one that was previously imposed by the High Court. In 2006, the Himachal Pradesh government headed by Virbhadra Singh became the first Congress-ruled state to pass an anti-conversion law. The Himachal Pradesh Freedom of Religion Act was directed at the reported conversions of Christian missionaries in the hill state. Over 13 years, the present state government under Jai Ram Thakur’s administration has amended the law with the quantum penalty raised from three to seven years. It also broadened the scope of the law to cope with what Vishva Hindu Parishad (VHP) calls “love jihad.” At the end of August, the bill was passed unanimously with the support of the Congress in the House.

INDIA – Soon, India To Set Up Apex Water Authority For Northeast Region

India will shortly set up a North East Water Management Authority (NEWMA) to develop a consolidated plan for managing its water resources in the North East region, according to public officials. The Authority is being set up on the recommendation of a high-level committee led by NITI Aayog Vice-chairman Rajiv Kumar, in the context of China’s ambitious $62 billion South-North water diversion scheme. NEWMA will be the apex agency for the development of all projects associated with hydropower, agriculture, conservation of biodiversity, flood control, inland waterway transport, forestry, fisheries and eco-tourism in the region. It will also help in spearheading India’s attempts to build prior user rights for river waters originating in China.

INDIA – A Pregnant Female Has No Absolute Right To Abort Her Pregnancy; Government To SC

A pregnant woman has no absolute right to abortion, and the right to abortion must be balanced against the compelling public interest in protecting the mother’s health and life of the unborn child, the Ministry of Health and Family Welfare asserts in an affidavit filed by it in the Supreme Court. The affidavit, filed in response to a petition by Dr. Nikhil Datar seeking to increase the limit for terminating pregnancy from the current 20 weeks to 26 weeks and the cancelation of section 5 of the Act, states that an amendment in the law is in effect and that it has sought a change to section 5 of the MTP Act on the grounds of substantial fetal abnormalities. The draft was forwarded to the Ministry of Law and Justice for vetting. In response to a similar petition filed by the NGO, Life for All, the Ministry said: “The state is moral and duty-bound as guardian of the citizenry and has parens patriate powers to protect the life of the child in the womb after it has reached the stage of viability.”

INDIA – Compliance Will Be The Main Focus Area In The Report On The Direct Tax Code

Compliance will be one of the main areas of focus in the new Direct Tax Code (DTC) report presented to finance minister Nirmala Sitharaman last month. Akhilesh Ranjan, who convened the DTC Task Force and member of the Central Direct Tax Board (CBDT) on Thursday, said that compliance has several aspects and is not just about reduced tax rates, but also about enhancing litigation management and making the law itself more comprehensible and structured. The much-awaited DTC report, which is yet to be made public, seeks at simplifying the provisions of tax law, improving the certainty and predictability of the law, as well as addressing problems that minimize litigation.

USA – Cuomo signs the law making it easier to prosecute cases of rape

Joined by Academy Award-winning actors Mira Sorvino and Julianne Moore, Gov. Andrew Cuomo signed a new law on Wednesday extending the timeframe for criminal and civil cases of rape and other sex crimes. Prosecutions could be introduced for rape and sex offences under second degree within 20 years instead of the current five years, and for rape and sex offences in the third grade within ten years instead of five years. In addition, victims could take civil cases within 20 years instead of the current five years. The law, which instantly enters into force, also eliminates the first-degree limitation of incest. These second-and third-degree rape offenses usually involve having sex with a minor or those unable to consent to have sex because of a mental disability.

INDIA – Conducting Separate Interviews For General And Reserved Category Applicants Wholly Illegal; SC

The Supreme Court ruled that the selection method for appointment as Assistant Professor at the Department of Education at the International Center for Distance Education and Open Learning, Shimla was ‘ wholly illegal ‘ in addition to being unfair and unjust to the extent that interviews for general and reserved categories were undertaken separately. The bench of Justices L. Nageswara Rao and Hemant Gupta permitted the appeal filed by Pradeep Singh Dehal, who had been appointed to OBC Category, to challenge the High Court’s writ order directing Himachal University to add ‘ five marks ‘ to another candidate who had challenged Pradeep’s appointment. The Court thus directed the University to “re-examine the selection method by setting up an expert committee to consider the “publications” of the applicants considered in the context of the advertisement No. 3 of 2011 and make appropriate recommendations accordingly by providing a joint merit list of all the categories of applicants applying for appointment as Assistant Professor.” The Court also warned the Committee of Experts not to disturb the appointments of applicants already chosen, except the appellant whose selection must be revised.

USA – Gov. Newsom Signs Bill Rewriting California Employment Law Restricting The Use Of Independent Contractors

California businesses will quickly experience new limits in their use of independent contractors under a carefully monitored proposition signed by Gov. Gavin Newsom on Wednesday, a decision praised by organized labor but unlikely to stifle an increasing debate on the laws and nature of the job in the 21st-century economy. Newsom, who had signed Assembly Bill 5 at a private ceremony in his State Capitol Office, had already committed in embracing the new law.  The new law “will help to decrease misclassification of workers — workers who are incorrectly categorized as ‘ independent contractors ‘ rather than staff, which undermines fundamental employee protections such as minimum wage, sick days paid and health insurance benefits,” Newsom wrote in a signing message published by his office. AB 5, will take effect on Jan. 1.

INDIA – A Muslim Woman In Karnataka received Triple Talaq From Dubai Over Whatsapp

A Muslim lady in Shivamogga District Headquarters, Karnataka, approached the police and accused her husband of offering her “triple talaq” from Dubai over WhatsApp. The couple had been married for about 20 years, and the woman’s husband had left for Sharjah-Dubai in January but had not returned, the police said, citing the woman’s complaint. On some issues, the man said he had repeatedly picked up a quarrel with her during their conversations, and finally gave her a talaq (divorce) in August, saying he “doesn’t want” her, they said. A case has been recorded under the relevant sections of the Muslim Women (Protection of the Rights of Marriage) Act, 2019, and section 498A (husband or relative of a woman subject to cruelty) of the Indian Penal code. As the man is in Dubai, the police are going to file a requisition with the magistrate for impounding his passport, officials said, adding the investigation is underway and the legal process would soon follow.

UNITED KINGDOM – Prostitution Law Changes ‘Caused A Spike In Demand’

Publicity about a change to the laws on prostitution in Northern Ireland caused a spike in business, according to a new report. Academics carried out a three-year review of the effect of the Human Trafficking and Exploitation Act 2015. The law launched the ‘ Nordic model, ‘ which criminalized the payment of sexual services in Northern Ireland. The study stated that sex workers observed “a rise in business in the run-up to the legislation and its immediate aftermath, and it was suggested that the government discussion on Article 64A would publicize prostitution to those who had never earlier regarded it.” Now that clients have been criminalized, customers are putting a lot more pressure on sex workers to put themselves in more dangerous circumstances and to engage in sexual practices than they would have done before, ” Dr. Caoimhe Ní Dhónaill said. One of the academics engaged in this report

INDIA – First Child Labor Conviction In Indian State Of Rajasthan: Campaigners Hail Landmark Ruling

A factory owner in Rajasthan became the first in the state to be convicted of child labor, in a landmark ruling. The man had been sentenced to life imprisonment and was fined 130,000 rupees (£ 1,400) after forcing five boys –some as young as 10 –to work in a bangle plant in Jaipur, the capital of Rajasthan. The boys were abducted from the state of Bihar, 800 miles from Rajasthan. Richard Hawkes, Chief Executive Officer of the British Asian Trust, which led the campaign against child labor in the town, said the landmark conviction was “hugely significant.” The boys ‘ parents were told that they would be given an education and free accommodation in exchange for light family responsibilities. Instead, they were compelled to work in a jewelry plant from 6 a.m. to 11 p.m., without breaks and little food.

INDIA – Uttarakhand HC Rules Parents With More Than 2 Children Can Contest Panchayat Polls

A Two members bench of the Uttarakhand High Court read a law which disqualifies candidates with more than two kids from competing in the state in panchayat election. The Court also held that the rule applies only to parents who had a third kid or more after July 17 of this year. The Trivendra Singh Rawat-led BJP state government had previously modified the Uttarakhand Panchayat Raj Amendment Act, 2019, adding a provision to ensure that candidates with more than two kids were disqualified from local body elections. The court order comes just ahead of the state panchayat elections, the process of filing nominations which starts on Friday. The Court also stated that the law cannot be implemented retrospectively. Congress leader Jot Singh Bisht and others challenged the provisions of the law before the High Court previously this year.

INDIA – Civil Rights Group Report Says, Job In Assam Foreigners Tribunal Depends On Conviction Rate

Members of the Assam Foreigners Tribunal (FT) were evaluated, and their contracts were renewed based on the number of candidates who had been declared foreigners as part of the National Register of Citizens (NRC) exercise, a civil rights body claimed in a fact-finding report. In the 2017 performance evaluation of the members of the tribunal, United Against Hate (UAH) discovered that those who disposed of fewer cases but declared more candidates to be ‘ foreigners ‘ were retained, while those who disposed of more cases but said fewer candidates to be ‘ foreigners ‘ were granted a ‘ non-satisfactory ‘ evaluation and had their contracts terminated. “The ‘ good performance ‘ criteria is merely how many FTs residents declare themselves as aliens,” the report published on Tuesday (September 17, 2019) said.

DUBAI – The UAE Courts Can Now Admit Drug Addicts To Rehabilitation Without Prosecution

On Tuesday (September 17, 2019), Dubai ruler Sheik Mohammed bin Rashid Al Maktoum issued a new law allowing the court to rehabilitate drug addicts, Gulf News stated. UAE nationals and expatriates detained on charges of drug use will be admitted to a government-owned drug and alcohol rehabilitation center “without fear of prosecution.” The new legislation, dubbed Law No (5) of 2019, requires the Emirate of the Erada Center for Treatment and Rehabilitation to admit drug users once their files have been authorized by local authorities.

INDIA – Indian asylum seekers on hunger strike will die if they are not released quickly; Lawyers

Gurjant Singh and Ajay Kumar left India more than a year ago to seek a better life and escape persecution and threats to their lives from political groups, their lawyers say. They are now in Immigration Customs and Enforcement custody, where they have continued a hunger strike while seeking asylum, placing their bodies and lives in jeopardy. Their lawyers claim it’s been 72 days since the two started their strike. The men have an ache in their stomachs, backs, and neck, and their teeth are loosening., their hair is falling out. According to their lawyers. “I’m really asking ICE to demonstrate some sympathy here,” Margaret Brown Vega, Advocate for Immigrants in Detention, said at a news conference on Wednesday (September 19, 2019)at the Las Americas Immigrant Advocacy Center. ICE authorities said in a statement that the organization is doing its utmost to help those on the hunger strike.

INDIA – Delhi HC Exam Chauffeur Date 2019 Released @delhihighcourt.nic.in

Delhi High Court has announced the date of the Preliminary Examination (OMR\based Objective Type) of the Chauffeur (open) Examination-2019. All such candidates who have applied for Chauffeur (open) Examination-2019 may check the dates of the Examination from the official Delhi HC website http:/delhihighcourt.nic.in. The examination will take place on 03 October 2019 from 03.30 p.m. to 05.00 p.m.Applicants may download their Admit Cards from the official Delhi HC website as of 26 September 2019. Exam centers and other information will be displayed on the Admit Card.

INDIA – Adoptive Parents Go To Bombay HC For Custody Of Children, Caught In The Web Of An Interstate Child-Seller Racket

After failing to get relief from the City Child Welfare Committee, ‘adoptive’ parents of children caught in the web of an interstate child-selling racket knocked on the doors of the High Court of Bombay. Four sets of couples filed a writ petition seeking custody of the children. In July, the police raided a child-selling racket in the city and saved six kids who were allegedly sold to different accused “parents.” Some of these accused have been sent to prison, and the kids have since been taken into custody by the adoption agency, Bal Anand, in Chembur. The petitioners said they were concerned about the living circumstances of the kids at Bal Anand. “We haven’t seen the kid in almost two months, and he’s also been out of school. Madhavi Mhatre, director of Bal Anand, ensured that the kids were doing well. “The kids were angry at first, but now they’ve settled in. The kids attend class sessions with others.

INDIA – Student Moves HC After Being Expelled From The University Of Madras For ‘Organizing Protests’

Days after the University of Madras expelled a student, allegedly because of his participation in college agitation, the student, T Kirubamohan, approached the High Court seeking justice. According to reports, the High Court of Madras accepted Kirubamohan’s plea and notified the University that it would react to the allegations by September 24. Kirubamohan, 27, a graduate in journalism, joined MA Buddhism in the University on July 31. On August 29, the University sent a letter canceling the admission of Kirubamohan, saying that since his transfer certificate was missing, he was no longer eligible to continue his studies at the University. Kirubamohan claimed that this dismissal by the University was due to his participation in protests inside the University and that the head of the department was under pressure from Tamil Nadu Governor Banwarilal Purohit (that is also the Chancellor of the University) and the Vice-Chancellor to remove him from the University. The VC, however, denied these accusations by Kirubamohan and claimed that the student had totally breached the admission guidelines.

INDIA – Bullet Train: Gujarat HC Junks Over 120 Pleas Against the Purchase Of Land

On Thursday (September 19, 2019), the Gujarat High Court rejected more than 120 petitions filed by farmers challenging the purchase of land for the ambitious Ahmedabad-Mumbai Bullet train project. However, in a partial relief to the petitioners, the Division of Justices A S Dave and Biren Vaishnav said that the problem of higher compensation is still “open” and that farmers can approach the officials involved to seek more cash against their land. The court argued that while seeking more cash, farmers could mention previous cases of higher compensation Provided by the Indian National Highway Authority or any other such entity for the acquisition of land.

 

 

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