High Court comes down hard on Gujarat govt over ban on cattle export

Agencies
April 12, 2019

Ahmedabad, Apr 12: The Gujarat High Court has quashed three notifications of the state government aimed at stopping export of livestock from Tuna Port, terming it "colourable exercise of powers" to do something which cannot be done directly.

A division bench of justices Harsha Devani and Bhargav Karia passed the judgment last week.

The court noted that "with a view to appease a section of the society which is averse to export of livestock from Tuna Port, the government has...from time to time taken all steps to ensure that petitioners and other similarly situated persons are not able to export livestock from Tuna Port".

Several livestock exporters had knocked the high court's doors after the state government issued various orders in December 2018 which in effect banned export of animals from Tuna in Kutch.

Chief Minister Vijay Rupani had announced in December that his government will not allow export of animals from the port, noted the high court.

On the same day the Agriculture Department issued a notification under the Gujarat Essential Commodities and Cattle (Control) Act, prohibiting movement of cattle from outside into any drought-affected area. Kutch was already declared as drought-affected region then.

Then the Director of Animal Husbandry informed the Commissioner of Customs that the state government has decided to withdraw the services provided for health check-up of animals to be exported.

"He further urged the Commissioner of Customs not to allow export of live animals from Tuna...until specified (check-up) facility is established", the HC noted.

On the same day, the Home Department directed Kutch police to set up check posts to keep a watch on transportation of animals, the high court said.

"What cannot be done directly by the State Government is sought to be done indirectly under the guise of exercise of powers under section 4(1)(b) of the (Cattle Protection) Act... notification, therefore, clearly has been issued in colourable exercise of powers and deserves to be struck down", it said.

The intention was to prohibit export "which is otherwise not a state subject", the judges opined.

Though the state government requested the court to stay its order so that it could move the Supreme Court, no stay was granted.

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News Network
February 5,2020

Tightening control over companies misleading advertisements of medicines and products, the Indian government could soon slap a fine of up to Rs10 lakh and up to two years' imprisonment. While repeat offender could be fined up to Rs50 and imprisonment up to five years.

The Ministry of Health and Family Welfare's new draft of the Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020, provides extremely stringent penalties compared to the current law.

Under the new Act, companies advertising medicines and products falsely claiming to make a person fairer, improve height and memory or cure issues like hair loss or greying and premature ageing, among several others, may attract more stringent fines and jail time.

The current Act, 1954, leaves scope for companies to create deceptive advertisements as first time offender can be jailed for six months while repeat offender can be up to one year in prison, reported The Indian Express.

Under the Bill, deceptive advertisements will cover digital advertising, notice, circular, label, wrapper, invoice, banner and poster, among others. The government also plans to expand the scope of the law under the proposed amendments to cover 24 more deceptive claims not included in the current law, like medicines that can cure AIDS, change the sex of a foetus, among others, reported Livemint.

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News Network
February 4,2020

Mangalore, Feb 4: Final chance to present evidence and record eyewitness statements with the Deputy Commissioner of Udupi G Jagadeesh regarding the December 19 violence will be held on February 6 between 1100 and 1300 hrs.

Eyewitness and evidence presenters can depose at the Assistant’s Commissioner’s Court Hall in the Mini Vidhan Soudha in the city.

The Deputy Commissioner said that no evidence would be accepted after this last round of public hearing.

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News Network
May 27,2020

In a development which highlights the diversity in the United Kingdom’s legal system, a 40-year-old Muslim woman has become the first hijab-wearing judge in the country.

Raffia Arshad, a barrister, was appointed a deputy district judge on the Midlands circuit last week after 17-year career in law.  

She said her promotion was great news for diversity in the world’s most respected legal system. She hopes to be an inspiration to young Muslims.

Ms Arshad, who grew up in Yorkshire, north England, has wanted to work in law since she was 11.

Ms Arshad said the judicial office was looking to promote diversity, but when they appointed her they did not know that she wore the hijab.

‘It’s definitely bigger than me,” she told Metro newspaper. "I know this is not about me.

"It’s important for all women, not just Muslim women, but it is particularly important for Muslim women."

Ms Arshad, a mother of three, has been practising private law dealing with children, forced marriage, female genital mutilation and other cases involving Islamic law for the past 17 years.

She was the first in her family to go to university and has also written a leading text on Islamic family law.

Although the promotion by the Lord Chief Justice was welcome news for her, Ms Arshad said the happiness from other people sharing the news was “far greater”.

“I’ve had so many emails from people, men and women," she said.

"It’s the ones from women that stand out, saying that they wear a hijab and thought they wouldn’t even be able to become a barrister, let alone a judge."

Ms Arshad is regularly the subject of discrimination in the courtroom because of her choice to wear the hijab.

She is sometimes mistaken for a court worker or a client.

Ms Arshad said that recently she was asked by an usher whether she was a client, an interpreter, and even if she were on work experience.

“I have nothing against the usher who said that but it reflects that as a society, even for somebody who works in the courts, there is still this prejudicial view that professionals at the top end don’t look like me,” she said.

A family member once advised her to not wear a hijab at an interview for a scholarship at the Inns of Court School of Law in 2001, warning that it would affect her chances of landing the role.

“I decided that I was going to wear my headscarf because for me it’s so important to accept the person for who they are," Ms Arshad said.

"And if I had to become a different person to pursue my profession, it’s not something I wanted.”

The joint heads of St Mary’s Family Law Chambers said they were “delighted” to hear the news of her appointment.

“Raffia has led the way for Muslim women to succeed in the law and at the bar, and has worked tirelessly to promote equality and diversity in the profession,” Vickie Hodges and Judy Claxton said.

“It is an appointment richly deserved and entirely on merit, and all at St Mary’s are proud of her and wish her every success.”

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