2019: Triple talaq, more SC judges Law Min's highlights

News Network
January 1, 2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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News Network
February 11,2020

New Delhi, Feb 11: The government has decided to rename National Institute of Financial Management (NIFM), Faridabad, as Arun Jaitley National Institute of Financial Management, an official statement said on Tuesday.

Set up in 1993 as a registered society under the Department of Expenditure, NIFM trains officers of Finance and Accounts Services recruited by the Union Public Service Commission (UPSC) as also officers of Indian Cost Accounts Service. The Union Finance Minister is the President of the NIFM Society.

"Aligning the vision and aspiration of the Institute for the future with the vision and contribution of late Arun Jaitley, the Government has decided to rename National Institute of Financial Management (NIFM) as the Arun Jaitley National Institute of Financial Management(AJNIFM)," the statement said.

NIFM has become a premier resource centre to meet the training needs of the central government for senior and middle level of management in the fields of public policy, financial management, public procurement and other governance issues for promoting highest standards of professional competence and practice.

Padma Vibhushan awardee Jaitley was the Union Minister for Finance and Corporate Affairs during May 26, 2014 to May 30, 2019.

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News Network
April 22,2020

New Delhi, Apr 22: Prime Minister Narendra Modi on Wednesday said that The Epidemic Diseases (Amendment) Ordinance, 2020, manifests his government's commitment to protecting healthcare workers braving COVID-19 on the frontline.
"The Epidemic Diseases (Amendment) Ordinance, 2020, manifests our commitment to protect each and every healthcare worker, who is bravely battling COVID-19 on the frontline. It will ensure the safety of our professionals. There can be no compromise on their safety!," Prime Minister Modi tweeted.
The Central government on Wednesday brought an ordinance to end the violence against health workers, making it a cognizable, non-bailable offence with the imprisonment of up to seven years for those found guilty.

"We have brought an ordinance under which any attack on health workers will be a cognizable, non-bailable offence. In the case of grievous injuries, the accused can be sentenced from 6 months to 7 years. They can be penalised from Rs 1 lakh to Rs 5 lakh," Union Minister Prakash Javadekar briefed media after the meeting of the Cabinet.

"Such crime will now be cognisable and non-bailable. An investigation will be done within 30 days. Accused can be sentenced from three months to five years, and penalised from Rs 50,000 up to Rs 2 lakh," said Javadekar.

Moreover, if the damage is done to vehicles or clinics of healthcare workers, then a compensation amounting to twice the market value of the damaged property will be taken from the accused, said Javadekar.

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News Network
June 15,2020

Sitamarhi, Jun 15: Eyewitness accounts from locals in Bihar's Sitamarhi district recount the brutality and intimidation by Nepal's security personnel who on June 12 had resorted to unprovoked firing on a group of people at the international border, which left one Indian dead and two others injured.

"18-20 shots were fired for over one hour and everyone is in shock even now," said Nitish Kumar, a resident of Jankinagar recalling the incident that took place early on Friday morning.

Nepal's Armed Police Force (APF) opened fire at the Lalbandi-Jankinagar border in which three men - Vikesh Yadav, Umesh Ram and Uday Thakur - suffered gunshot injuries. Vikash Yadav succumbed to his injuries on Friday itself.

Another person Lagan Kishore, who was at the border with his family to meet his daughter-in-law, a Nepali national and her family, said he was detained by the APF personnel who dragged him to the other side of the border.

Lagan Kishore said that the Nepali personnel abused and hit him with rifle butts and even abused his son and later resorted to firing.

Several residents of Jankinagar, who spoke to media, termed the incident as "unfortunate and shocking".

Nitish Kumar recalled: "A family was here to meet their in-laws (Nepali nationals). The daughter-in-law was talking to her family while her husband and her father-in-law sat a little distance away. Suddenly I saw Nepali personnel abusing her husband who complained about it to his father. All of a sudden the Nepali forces started thrashing them and then opened fire. They also took the father into custody."

"We were all shocked. I could hear about 18-20 gunshots fired over a period of one hour," Kumar said.

Another local, Ajit Kumar, said he was perplexed with the behaviour of the Nepali Police.

"There used to be no problems earlier. We don't understand what happened to the Nepal Police that day. The firing is unfortunate. If this continues, how will people in the border area live?" he questioned.

Ajit Kumar stated that such an incident has taken place for the first time. "People from here go to work in fields in Nepal and their people come to work in our fields. Such a thing has happened for the first time. About 80 per cent of our people are married to Nepalis," he said.

Many people who live in the adjoining districts of Bihar, which shares over 600 kilometres of border with Nepal, have relatives on either side of the border.

Meanwhile, Nepali police have claimed that Lagan Kishore, who was taken into custody following the firing by APF and handed over to Indian Security Forces at no man's land on June 13, was detained for trying to snatch a weapon from one of their personnel during an altercation.

However, both Kishore and his family have denied the claims and said he was "dragged" across the border and was beaten.

Kishore said that during the firing he had rushed towards the Indian side but Nepalese personnel hit him with rifle butt and took him to Nepal's Sangrampur. He was also asked to confess that he was taken into custody from the Nepali side.

"We ran to return to India when they started firing, but they dragged me from the Indian side, hit me with a rifle butt and took me to Nepal's Sangrampur. They told me to confess that I was brought there from Nepal. I told them you can kill me but I was brought there from India," said Kishore.

Kishore's son also said that Nepali personnel started abusing them and hit him and his father.

Speaking to ANI, Kishore's son said, "We went to meet my brother-in-law. Security personnel started abusing me but I could not understand their language. However, my brother's wife asked them to not abuse. After that, they came to the Indian side and hit me. I told my father about the incident and he confronted them."

"They started beating him and called fellow personnel who started firing and dragged my father from the Indian side, hit him with a rifle butt and took him to Nepal''s Sangrampur," he said.

Relations have become strained between India and Nepal after the latter released a map showing parts of Indian Territory-Lipulekh, Kalapani and Limpiyadhura as its own.

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