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
April 8,2020

New Delhi, Apr 8: The number of confirmed coronavirus cases in the country have continued to rise even on the 15th day of the lockdown, and reached 5,274 cases on Wednesday evening, according to the Ministry of Health and Family Welfare.

The tally includes 4,714 active, 411, cured/discharged and migrated cases as well as deaths. A total of 149 deaths have been reported due to the infection so far in the country.

Maharashtra with 1,018 confirmed cases has the highest number of COVID-19 patients in the country, while Tamil Nadu (690) and Delhi (576) are the two next most affected regions.

Fresh cases were reported on Wednesday from Telangana, Tamil Nadu, West Bengal, Maharashtra, Rajasthan and the union territory of Andaman and Nicobar Islands, among other states and UTs.

Meanwhile, in an interaction between Prime Minister Narendra Modi and floor leaders of several parties held today via video conferencing, discussions were held on extending the lockdown even further after the 21-day period.

The 21-day lockdown was announced on March 24 by Prime Minister Narendra Modi.
At the regular media briefing at 4 pm, Lav Aggarwal, Joint Secretary in the Health Ministry said that the government has ensured that there is no shortage of hydroxychloroquine in the country at present as well as in the future.

In the wake of COVID-19 outbreak, the Ministry of Human Resource and Development (MHRD) has launched 'Integrated Government Online Training Portal' wherein required resources will be provided for capacity building of the frontline workers.

"MHRD's training portal will provide required resources to the doctors, paramedics, nurse, technicians and ANMs and state government officials and civil defence officials, volunteers of National Cadet Corps (NCC), National Surveillance teams, Red Cross society and other organisations to have a large skill workforce to combat the coronavirus outbreak," said Aggarwal at a press conference here.

Speaking on government's preparedness on dealing with the patients having mild, very mild and serious conditions, Aggarwal said, "For people who have mild or very mild symptoms we have temporary hospitals, ie COVID care hospitals. Work is now being done to develop the field level infrastructure to take care of the mild and very mild symptomatic patients.

Similarly, for serious patients, we have dedicated healthcare centre and dedicated hospitals."

With fresh COVID-19 cases being reported across the country, several states and union territories, including Uttar Pradesh and Chandigarh, on Wednesday made it compulsory for people to use masks while venturing out of their houses.

Here's a quick read on the COVID-19 related updates:

1. Prime Minister Narendra Modi hinted that the lockdown might be extended after the completion of the 21-day period.
2. Floor party leaders of various political parties from both the Rajya and Lok Sabha assured the government of their full support in the decisions needed to be taken in the coming days and also suggested taking various measures to help the people.
3. According to the Indian Council of Medical Research (ICMR), a total of 1,21,271 tests have been conducted in the country.
4. The Uttar Pradesh government has decided to strictly implement 100 per cent lockdown in hotspots located across 15 districts in the state till the morning of April 15. These areas will be completely cordoned off and civilian passes will stay suspended while essentials would be delivered to citizens at their doorsteps.
5. The Supreme Court suggested that all tests to identify coronavirus positive patients should be conducted free of cost in the identified private laboratories and said that the court will pass appropriate order on the matter. The SC bench also asked the central government to look into creating a mechanism for providing reimbursement for the same.
6. Prime Minister Narendra Modi urged people to take the responsibility of a poor family, at least till the COVID-19 crisis persists if they wanted to honour him.
7. Union Home Ministry announced that Rs 3000 crores have been distributed among two crore registered construction workers till now, according to Saheli Ghosh Roy, Joint Secretary.
8. The MHA official said that the Home Secretary has written to the state Chief Secretaries to ensure a continuous supply of essential commodities under the Essential Commodities Act, 1955. The states can use measures like fixing stock limits, capping of price and checking bank accounts of the dealers.
9. The Health Ministry has assured that there will be no shortage of Hydroxychloroquine in the country. This came after India lifted the ban on the export of the anti-malarial drug being sued to treat COVID-19
10. The Maharashtra government too has issued an order to compulsorily wear masks while entering any government offices in Mumbai Metropolitan Region and Pune Metropolitan Region.

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News Network
April 20,2020

New Delhi, Apr 20: The Centre on Monday said that India's COVID-19 doubling rate has improved to 7.5 days from 3.4 days before the lockdown was enforced to check the spread of the coronavirus.

"India's doubling rate before the lockdown was 3.4 days. It has now improved to 7.5 days. As per data on April 19, in 18 States, the rate is better than the national average," said Lav Agarwal, Joint Secretary, Union Health and Family Welfare Ministry, at a daily briefing here.

"The number of districts where no case has been reported in the last 14 days has increased to 59 in 23 States and UTs. Goa is now COVID-19 free," he said.

India's total number of coronavirus positive cases has risen to 17,656 including 14,255 active cases, 2,842 cured/discharged/migrated and 559 deaths, according to the Ministry of Health and Family Welfare.

"Mahe in Puducherry, Kodagu in Karnataka and Pauri Garhwal in Uttarakhand have not reported any COVID-19 case in last 28 days," said Agarwal.

Let us take a look at the top developments of the day regarding the COVID-19 situation in the country:

1. There are 23 active COVID-19 cases in Himachal Pradesh. 11 patients have recovered, four migrated out of the State and one person succumbed to the disease. A total of 2,902 people have been tested for COVID-19 so far, said Himachal Pradesh Health Department.

2. The number of COVID-19 cases has risen to 408 in Karnataka including 16 deaths and 112 discharges, according to the state Health Department. 18 new cases have been reported in the last 24 hours.

3. "14 new COVID-19 cases reported, all from Kashmir. The total number of cases now stands at 368, Jammu-55 and Kashmir-313," said Rohit Kansal, Principal Secretary, Planning, Union Territory of Jammu and Kashmir administration.

4. According to Punya Salila Srivastava, Joint Secretary, Ministry of Home Affairs, the Ministry wrote to Kerala government yesterday, expressing concerns over modified guidelines regarding lockdown. "Kerala has allowed some activities that violate the Ministry's instructions issued under the Disaster Management Act," she said.

5. Five more police personnel from Chandni Mahal police station have tested positive for COVID-19. Till now eight personnel from the police station have tested positive for the virus, according to the Delhi Police.

6. Total 57 new COVID19 cases and two deaths have been reported today. Cumulative positive cases now stand at 1,535, and toll at 25, said Rajasthan's Health Department.

7. Indian Council of Medical Research (ICMR) has said that RTPCR kits are US FDA approved and have good standards and these should be stored under 20-degree temperature for better result.

8. "A total of 283 more COVID-19 cases have been reported in Maharashtra, taking cumulative positive cases in the State to 4,483, as of 11 am today. Of the 283 new cases, Mumbai has recorded 187," said Rajesh Tope, Maharashtra Health Minister.

9. One new COVID-19 positive case was reported today in Bokaro, taking the total number of cases in the State to 42, said Nitin Madan Kulkarni, Jharkhand's Health Secretary.
10. According to Punjab's Health Department, only one person has been tested positive for COVID-19 in the State today. The person is a contact of the COVID-19 patient.

11. "There is only one red zone district in Chhattisgarh. For the last 72 hours, no COVID-19 positive patient has been found even in that red zone district. I am hoping that whole of Chhattisgarh will be green zone soon," said Chief Minister Bhupesh Baghel.

12. Six new COVID-19 cases were reported in Kerala, all from Kannur, of which 5 have foreign travel history. Total cases in the State at 408, including 114 active cases, said Kerala Chief Minister Pinarayi Vijayan.

Meanwhile, the Centre has constituted six Inter-Ministerial Central Teams (IMCTs), two each for West Bengal and Maharashtra and one each for Madhya Pradesh and Rajasthan to make an on-spot assessment of the situation and issue necessary directions to the state authorities for their redressal and submit a report to the Central government in the larger interest of the general public.

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News Network
February 11,2020

New Delhi, Feb 11: Celebrations broke out at the AAP headquarters here as early vote-counting trends for the Delhi Assembly polls on Tuesday showed a comfortable victory for the Chief Minister Arvind Kejriwal-led party.

The headquarters were decorated with blue and white balloons and big cut-outs of Kejriwal were placed in different parts of the party office.

"We knew it. We have changed the politics of this country. Now it is Delhi, next is India," said Sanjeev Singh, a party volunteer from Hari Nagar.

Another volunteer Fareen Khan said, "We hope we get such a clear majority that a message goes out that doing Hindu-Muslim politics will not work anymore."

The Aam Aadmi Party (AAP) is leading in 26 seats while the BJP is leading in 14 seats, according to early trends by the Election Commission.

According to the EC's website, AAP convenor Kejriwal is leading in his New Delhi constituency.

Kejriwal reached the party office as the counting of votes got underway.

Counting centres are spread across 21 locations, spanning 70 constituencies.

Polling for the 70-member Delhi Assembly was held on Saturday.

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