End gender bias, divorced parents should get shared custody of minor children: law panel

May 23, 2015

New Delhi, May 23: Pitching for removal of superiority of one parent over the other, the Law Commission on Thursday recommended joint custody of minors to both the parents in case of a divorce, saying Indian custody laws must change with times.

divorceThe Commission's recommendations on custody laws assume significance as in India the idea of shared parenting is still new to custody jurisprudence.

"Neither the father nor the mother of a minor can, as of a right, claim to be appointed by the court as the guardian unless such an appointment is for the welfare of the minor," it said in its report submitted to the Law Ministry on Thursday.

It said wherever possible, courts should now grant joint custody of minors.

Recommending changes in the Hindu Minority and Guardianship Act and the Guardians and Wards Act, the panel said even after the Supreme Court's judgement in Gita Hariharan vs Reserve Bank of India case, the mother can become a natural guardian during the lifetime of the father only in exceptional circumstances.

"This is required to be changed to fulfill the principles of equality enshrined in Article 14 of the Constitution," the law panel said.

The Commission said the amendments are necessary in order to bring these laws in tune with modern social considerations. Major amendments are recommended to the Guardians and Wards Act, 1890, by introducing a new chapter on custody and visitation arrangements.

It said amendments to the Guardians and Wards Act, 1890 will be relevant for all custody proceedings, besides any personal laws that may apply.

The two draft bills proposed by the panel to amend the existing laws also deal with removal of preference for the father as the natural guardian under Hindu law. It says that both parents be granted equal legal status with respect to guardianship and custody.

The draft law also empowers courts to award joint custody to both parents in circumstances conducive to the welfare of the child, or award sole custody to one parent with visitation rights to the other.

Besides recommending changes in the two laws, the Commission has also provided specific guidelines to assist courts in deciding such matters, including processes to determine whether the welfare of the child is met; procedures to be followed during mediation; and factors to be taken into consideration when determining grant for joint custody.

The guidelines introduce several new concepts in this regard, including parenting plans, grand parenting time, visitation rights, and relocation of parents.

They also elaborate the position on related aspects such as determining the intelligent preference of a child, access to records of the child, and mediation.

The draft bills also empower courts to fix an amount specifically for child support to meet basic living expenses.

Financial resources of parents, and the standard of living of the child must be considered when fixing such amounts. Child support must continue till the child turns 18, but may be extended till 25 or longer, in case of a child with mental or physical disability.

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News Network
June 26,2020

New Delhi, Jun 26: With the highest single-day spike of 17,296 COVID-19 cases reported in the last 24 hours, India's COVID-19 count reached 4,90,401 on Friday, said the Union Ministry of Health and Family Welfare (MoHFW).

The country also saw 407 deaths in the last 24 hours, which pushed the death toll to 15,301.

The total number of cases includes 1,89,463 active cases, 2,85,637cured/discharged/migrated cases, as per the MoHFW.

According to the Indian Council of Medical Research (ICMR), the total number of samples tested up to June 25 is 77,76,228; the number of samples tested on 25 June is 2,15,446.

Maharashtra remains the worst-affected state in the country with 1,47,741 cases. The active cases in the state are 63,357. The number of people cured or discharged stands at 77,453 while the death toll is at 6,931.

Delhi has so far reported 73,780 cases. The active cases in the national capital stood at 26,586. While the cured and discharged numbers stood at 44,765. The death toll in the city is 2,429.

Tamil Nadu has so far reported 70,977. With active cases at 30,067 and the number of cured or discharged at 39,999, while the death toll stood at 911.

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News Network
July 19,2020

New Delhi, Jul 19: India's Covid-19 case fatality rate is "progressively falling" and is currently at 2.49 per cent, which is one of the lowest in the world, the Union Health Ministry said on Sunday, crediting efficient clinical management of hospitalised cases for it.

There are 29 states and union territories with a case fatality rate (CFR) lower than India's average, with five of them having a CFR of zero and 14 having fatality rate of less than 1 per cent.

The focused efforts of the Centre and state and UT governments on efficient clinical management of hospitalised cases have ensured that India's case fatality rate has fallen below 2.5 per cent, the ministry said.

With effective containment strategy, aggressive testing and standardized clinical management protocols based on holistic standard of care approach, the CFR has significantly dipped, it said.

"The CFR is progressively falling and currently, it is 2.49 per cent. India has one of the lowest fatality rates in the world," the ministry said.

From 2.82 per cent over a month earlier, India's Covid-19 case fatality rate declined to 2.72 per cent on July 10 and has further reduced to 2.49 per cent presently.

Under the guidance of the Centre, the state and UT governments have ramped up testing and hospital infrastructure by combining public and private sector efforts, the ministry said.

Many states have conducted the population surveys to map and identify the vulnerable population like the elderly, pregnant women and those with co-morbidities.

This, with the help of technological solutions like mobile apps, has ensured keeping the high-risk population under continuous observation, thus aiding early identification, timely clinical treatment and reducing fatalities, the ministry said.

"At the ground level, frontline health workers like ASHAs (Accredited Social Health Activists) and ANMs (Auxiliary Nursing Midwives) have done a commendable job of managing the migrant population and to enhance awareness at the community level.

"As a result, there are 29 States and UTs with CFR lower than India's average. This shows commendable work done by public health apparatus of the country," the ministry said.

Manipur, Nagaland, Sikkim, Mizoram, Andaman and Nicobar Islands have zero case fatality rate.

States and UTs having a CFR below the national average include Tripura (0.19 pc),  Assam (0.23 pc), Kerala (0.34 pc), Odisha (0.51 pc), Goa (0.60 pc), Himachal Pradesh (0.75 pc), Bihar (0.83 pc), Telangana (0.93 pc), Andhra Pradesh (1.31 pc), Tamil Nadu (1.45 pc), Chandigarh (1.71 pc), Rajasthan (1.94 pc), Karnataka (2.08 pc) and Uttar Pradesh (2.36 pc).

India saw a record single-day jump of 38,902 Covid-19 cases pushing its tally to 10,77,618 on Sunday, while the total number of recoveries increased to 6,77,422.

A total of 23, 672 patients have recuperated in the past 24 hours, the highest so far in a day, according to the health ministry data updated at 8 AM.

According to the Indian Council of Medical Research (ICMR), a cumulative total of 1,37,91,869 samples have been tested up to July 18 with 3,58,127 samples being tested on Saturday. 

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News Network
January 23,2020

Mumbai, Jan 23: Rashmi Sahijwala never expected to start working at the age of 59, let alone join India’s gig economy—now she is part of an army of housewives turning their homes into “cloud kitchens” to feed time-starved millennials.

Asia’s third-largest economy is battling a slowdown so sharp it is creating a drag on global growth, the International Monetary Fund said Monday, but there are some bright spots.

The gig economy, aided by cheap mobile data and abundant labour, has flourished in India, opening up new markets across the vast nation.

Although Indian women have long battled for access to education and employment opportunities, the biggest hurdle for many is convincing conservative families to let them leave home.

But new apps like Curryful, Homefoodi, and Nanighar are tapping the skills of housewives to slice, dice and prepare meals for hungry urbanites from the comfort of their homes.

The so-called cloud kitchens—restaurants that have no physical presence and a delivery-only model—are rising in popularity as there is a boom in food delivery apps such as Swiggy and Zomato.

“We want to be the Uber of home-cooked food,” said Ben Mathew, who launched Curryful in 2018, convinced that housewives were a huge untapped resource.

His company—which employs five people for the app’s daily operations—works with 52 women and three men, and the 31-year-old web entrepreneur hopes to get one million female chefs on-board by 2022.

“We usually train them in processes of sanitisation, cooking, prep time and packaging... and then launch them on the platform,” Mathew told news agency.

One of the first housewives to join Curryful in November 2018 shortly after its launch, Sahijwala was initially apprehensive, despite having four decades of experience in the kitchen.

But backed by her children, including her son who gave her regular feedback about her proposed dishes, she took the plunge.

Since then, she’s undergone a crash course in how to run a business, from creating weekly menus to buying supplies from wholesale markets to cut costs.

The learning curve was steep and Sahijwala switched from cooking everything from scratch to preparing curries and batters for breads in advance to save time and limit leftovers.

She even bought a massive freezer to store fruits and vegetables despite her husband’s reservations about the cost.

“I told him that I am a professional now,” she told news agency.

‘Internet restaurants’

Kallol Banerjee, co-founder of Rebel Foods which runs 301 cloud kitchens backing up 2,200 “internet restaurants”, was among the first entrepreneurs to embrace the concept in 2012.

“We could do more brands from one kitchen and cater to different customer requirements at multiple price points,” Banerjee told AFP.

The chefs buy the ingredients, supply the cookware and pay the utility bills.

The apps—which make their money through charging commission, such as more than 18 percent per order for Curryful—offer training and supply the chefs with containers and bags to pack the food in.

Curryful chef Chand Vyas, 55, spent years trying to set up a lunch delivery business but finally gave up after failing to compete with dabbawalas, Mumbai’s famously efficient food porters.

Today Vyas works seven hours a day, five days a week in her kitchen, serving up a bevy of Indian vegetarian staples, from street food favourites to lentils and rice according to the app’s weekly set menus.

“I don’t understand marketing or how to run a business but I know how to cook. So, the current partnership helps me focus on just that while Curryful takes care of the rest,” Vyas told AFP.

She pockets up to $150 (Rs 10,000 approx) a month after accounting for the commissions and costs, but hopes to earn more as the orders increase.

In contrast, a chef at a bricks-and-mortar restaurant takes home a monthly wage of between $300 (Rs 20,000 approx) and $1,000 (Rs 70,000) approx for working six days a week.

With India’s cloud kitchen sector expected to reach $1.05 billion by 2023, according to data platform Inc42, other companies are also keen to get a slice of the action.

Swiggy, for example, has invested 2.5 billion rupees ($35.3 million) in opening 1,000 cloud kitchens across the nation.

Back in her Mumbai kitchen, Sahijwala is elated to have embarked on a career at an age when her contemporaries are eyeing retirement.

Over the past year, she has seen her profit grow to $200 (Rs 15,000 approx) a month, but more importantly, she said, “My passion has finally found an outlet.

“I am just glad life has given me this chance.”

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