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
February 3,2020

Bengaluru, Feb 3: India's manufacturing activity expanded at its quickest pace in nearly eight years in January with robust growth in new orders and output, a private survey showed on Monday, suggesting the economy may be getting back on firmer footing.

In response to the jump in sales, factories hired new workers at the fastest rate in more than seven years.

If sustained, the improvement in business conditions could point to a gradual economic recovery in coming months, as forecast by analysts in a Reuters poll last month, after growth slowed to a more than six-year low in the July-September quarter.

The Nikkei Manufacturing Purchasing Managers' Index , compiled by IHS Markit, jumped to 55.3 last month from 52.7 in December. It was the highest reading since February 2012 and above the 50-mark separating growth from contraction for the 30th straight month.

"The PMI results show that a notable rebound in demand boosted growth of sales, input buying, production and employment as firms focused on rebuilding their inventories and expanding their capacities in anticipation of further increases in new business," Pollyanna De Lima, principal economist at IHS Markit, said in a news release.

A new orders sub-index that tracks overall demand hit its highest level since December 2014 and output grew at its fastest pace in over seven and a half years, pushing manufacturers to hire at the strongest rate since August 2012.

Meanwhile, both input costs and output prices rose at a slower pace, indicating overall inflation may have eased after hitting a more than five year high of 7.35% in December, although probably not below the Reserve Bank of India's medium-term target of 4%.

That might keep the central bank, which cut its key interest rate by a cumulative 135 basis points last year, on the sidelines over the coming months.

"To complete the good news, there was also an uptick in business confidence as survey participants expect buoyant demand, new client wins, advertising and product diversification to boost output in the year ahead," added De Lima.

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News Network
July 25,2020

New Delhi, Jul 25: The Indian Air Force (IAF) has made key appointments in its different commands all across the country including formations that look after operations along the borders with China and Pakistan.

Air Marshal Vivek Ram Chaudhari has been appointed as the head of the Delhi-based Western Air Command (WAC) which looks after both the crucial borders, with China in Ladakh and all along Pakistan from Ladakh up to Bikaner in Rajasthan.

Chaudhari would be assuming charge of the new office on August 1, replacing Air Marshal B Suresh who is superannuating after a brief tenure of nine months there.

In the Shillong-based Eastern Command, incumbent Air Marshal RD Mathur would be moving to the Bangalore-based Training Command on October 1, he will be replaced by Air Marshal Amit Dev. The Eastern Command looks after the entire Northeastern region including the border with China from Sikkim to Arunachal Pradesh.

As per the new appointments issued on July 24, Kargil war gallantry awardee Air Marshal Dilip Kumar Patnaik would be taking over as the Senior Air Staff Officer (SASO) at the Prayagraj-based Central Air Command.

On October 1, the Air Force would also get a new in-charge of personnel in Air Marshal RJ Duckworth who is presently the SASO in the WAC.

Air Marshal Vikram Singh would be the next SASO of the WAC. Air Marshal J Chalapati-- the officer who had briefed the Supreme Court on the Rafale issue last year, would be the SASO of the Trivandrum-based Southern Air Command.

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Agencies
May 17,2020

Mumbai, May 17: Much on expected lines, Maharashtra, on Sunday, extended the coronavirus lockdown till May 31, in order to control the spread of the virus, under the Epidemic Diseases Act, 1897, the state government said in a statement.

On Sunday afternoon, Chief Secretary Ajoy Mehta, in a notification said: "It is further directed that all earlier orders shall be aligned with this order and remain in force up to and inclusive of May 31, 2020. The calibrated phase-wise relaxation or lifting of lockdown orders will be notified in due course."

"Lockdown 3.0 ends today. Lockdown 4.0 will come into effect tomorrow and will be valid till May 31. There will be some relaxations in the fourth phase," he said.

"The green and orange zones will get more relaxations, in terms of starting more services. As of now only essential services are operational, he said.

Maharashtra has recorded 30,706 COVID-19 cases of which 22,479 are active. The death toll is 1135, while 7,088 patients have been discharged after recovery.

In exercise of the powers conferred under Section 2 of the Epidemic Diseases Act, 1898 and the powers, conferred under the Disaster Management Act, 2005, the Chairperson, State Executive Committee, issued direction to extend the lockdown till 31 May 2020 for containment of COVID-19 epidemic in the State and all Departments of Government of Maharashtra shall strictly implement the guidelines issued earlier form time to time, according to the statement.

Over the last two days,  Maharashtra Chief Minister Uddhav Thackeray held a series of meetings with his ministerial colleagues, senior leaders including NCP supremo Sharad Pawar and top officials. 

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