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
July 1,2020

Bengaluru, Jul 1: A day after the Government banned several Chinese apps, popular short-form video app Mitron reported that its daily traffic jumped up by more than 11 times.

Just 5 days after crossing the 10 million (1 crore) downloads milestone, Mitron has now announced that the app has been downloaded by 17 million (1.7 crore) users in India. Mitron app has been one of the most downloaded apps in India during the last two months.

"It is incredibly exciting to see the rapid adoption of Mitron by Indian users. 11-fold jump in traffic, immediately after the ban of Chinese apps, was beyond our expectations," said Shivank Agarwal, Founder, and CEO, Mitron.

Anish Khandelwal, Founder and CTO said, " We have built a solid backend infrastructure and our platform is now completely scalable and autonomous and that is helping us to cater to the sharp rise in traffic on Mitron App."

Mitron has been rapidly enhancing the product with several improvements for the users including an updated video upload process that is much easier, enhanced audio library with a wide choice of Indian content, and a feature that enables users to flag any inappropriate content easily.

Users uploaded millions of videos in 10 different languages and the number of videos viewed on the platform increased sharply to cross 30 million video views per hour.

Shivank added "We are a young company and we are hiring some of the best product & engineering talent to scale up Mitron rapidly. We are confident that we can build Mitron into one of the best apps in the short-form video space. Our focus is on building features and content that uniquely resonates with Indian users, while being sensitive to community standards and local laws in India and we believe that will help us build Mitron into a very large business."

Founded by two Computer Science engineers, Shivank Agarwal (alumnus of IIT Roorkee) and Anish Khandelwal (alumnus of Visvesvaraya National Institute of Technology), Mitron app is a short-form video app that allows users to create, upload and view entertaining short videos.

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May 26,2020

New Delhi, May 26: With India now in the bracket of top 10 nations worst hit by the novel coronavirus, experts have attributed the surge in cases to easing of travel restrictions and movement of migrants besides enhanced testing capacity.

According to AIIMS Director, Randeep Guleria, the present rise in cases has been reported predominantly from hotspot areas but there is a possibility of further rise in the number of COVID-19 cases in the coming few days due to increased travel.

"Those who are asymptomatic or are in presymptomatic stage will pass through screening mechanisms and may reach areas where there have been minimal or less cases," Guleria said.

He said there was a need for more intense surveillance and monitoring in areas where migrants have returned to contain the spread of the disease.

If proper social distancing and hand hygiene is not maintained at a time when people are out on roads, the coronavirus infection will transmit much faster, he said.

Guleria also noted that testing capacity has been significantly ramped up which is reflecting in the increasing number of cases being detected.

Commenting on the partial resumption of rail and road transport services and migrants returning to their native places, Dr Chandrakant S Pandav, former president of the Indian Public Health Association and Indian Association of Preventive and social medicine, said the floodgates have been opened.

"This is a classic case of creating an enabling environment for coronavirus to spread like wildfire. In the coming few days, the number will rise dramatically. While it is true that lockdown cannot go on forever, the opening up should have been in a measured, calibrated and informed manner," he said.

"Travelling leads to spread of the infection. Now, the government will have to ensure even stronger surveillance to curb the infection but if that will be done is something to be observed," he said.

The death toll due to COVID-19 rose to 4,167 and the number of cases climbed to 1, 45,380 in the country, registering an increase of 146 deaths and 6,535 cases since Monday 8 am, according to the Union Health Ministry.

Dr K K Aggarwal, President of the Confederation of Medical Association of Asia and Oceania (CMAAO), and former IMA President, said there will be a further surge in cases in the coming days if migration continues without any proper social distancing.

"Within the next ten days, the cases will cross two lakh. The very fact that number of cases was rising before the end of the third lockdown and continuing during the fourth lockdown means that people are not following physical distancing as required," he said.

"Even in the last week of May when the temperature is very high, the rising number of cases would mean that human-to-human transmission is more important than surface-to-human transmission. Normally in heat the surface-to-human transmission should have reduced the new cases by half which has not happened," Aggarwal said.

However, Professor K Srinath Reddy, president of the Public Health Foundation of India, said an increase in the number of cases reflects both an increase in testing rates and an increase in spread.

"What we need to see is the number of new tests performed per day and the number of new cases that were identified from them. That gives a better idea of the rate of spread than the total number of new cases alone.

"We also have to see if the testing criteria has remained the same between the two periods of comparison.We may open up gradually but will have to continue case detection, contact tracing and follow personal protection measures as vigorously as possible," he added.

A total of 31,26,119 samples have been tested as on May 26, 9 am and 92,528 samples have been tested in the last 24 hours, ICMR officials said.

India is the tenth most affected nation by the pandemic after the US, Russia, UK, Spain, Italy, Brazil, Germany, Turkey and France, as per the John Hopkins University data.

The country has recorded 6,088, 6,654, 6,767 and 6977 cases on May 22, 23, 24 and 25 respectively. Also, the number of RT-PCR tests for detection of COVID-19 in the country crossed the 30-lakh mark on Monday.

The first two phases of the lockdown led to 14-29 lakh COVID-19 cases being averted, while the number of lives saved in that period was between 37,000 and 78,000, the government said last Friday, citing various studies, and asserted that the unprecedented shutdown has paid "rich dividends" in the fight against the pandemic.

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May 19,2020

May 19: Congress general secretary Priyanka Gandhi Vadra's office on Tuesday said the Uttar Pradesh government has demanded that the 1,000 buses the party wants to ply for ferrying migrant labourers back to the state be handed over in Lucknow this morning and alleged that the move is politically motivated.

It also alleged that the demand shows that the UP government lacks the intention to help those stranded at the state's borders.

The Uttar Pradesh government on Monday had accepted the Congress' offer to run 1,000 buses to bring migrant labourers back to the state, a proposal which had triggered a war of words between the two sides.

In a letter to Additional Chief Secretary Avneesh Kumar Awasthi, Priyanka Gandhi's private secretary Sandeep Singh said a letter was received from the UP official at 11.40 am via email, in which it has been stated that 1,000 buses with all documents be handed over at Lucknow by 10 am on Tuesday.

"In a situation when thousands of workers are walking on the streets and thousands of people have gathered at the UP borders at various registration centres, sending 1,000 empty buses to Lucknow is not only a waste of time and resources but is also inhuman and the product of an anti-poor mindset," Singh said in the letter in Hindi.

"This demand of your government seems politically motivated. It does not seem that your government wants to help our labourer brothers and sisters who are facing a disaster," the letter said.

The state government had asked Priyanka Gandhi, who had made the offer, to provide it with a list of buses along with the names of their drivers and conductors.

Subsequently, her private secretary Singh had given details of the buses and its drivers to the UP government in an email.

"All details of the 1,000 buses are attached with this e-mail. Out of them, a few drivers will be reverified and those details will also be mailed to you in a few hours. I hope you will give permission for those buses to ply as soon as possible," Singh had said in the communication to the UP government on Monday.

The Congress leader had recently written to Uttar Pradesh Chief Minister Yogi Adityanath, seeking permission to run 1,000 buses at her party's expense.

The party had then accused the BJP-run UP government of ignoring the offer.

"The offer made to the chief minister through the letter on May 16 in connection with migrant labourers has been accepted," Additional Chief Secretary Awasthi (Home and Information) had said in a letter to Priyanka Gandhi's private secretary.

A little later on Twitter, Priyanka Gandhi, who is the Congress general secretary in charge of eastern Uttar Pradesh, had thanked Adityanath.

"Thank you for allowing us to run 1,000 buses at the expense of the Congress to help thousands of brothers and sisters walking on the roads in Uttar Pradesh," she had tweeted in Hindi.

She had said the Congress will stand with these people during the difficult time they face.

In a television interview earlier on Monday, Adityanath accused the Congress of playing politics over the plight of migrant workers.

Singh in his letter on Tuesday also expressed surprise at the chief minister, saying his government was demanding the details of buses since the last three days and asserted that the details were provided immediately after the letter from the UP government was received in this regard.

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