Nirbhaya case: SC declines DCW appeal for urgent hearing to stop juvenile from walking free

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

Thiruvananthapuram, Mar 7: Kerala Chief Minister Pinarayi Vijayan on Saturday came down heavily on the BJP-led government at the Centre for imposing a ban on two Malayalam channels in connection with the Delhi violence reporting, saying an "undeclared emergency" was prevailing in the country.

Terming the ban as a "dangerous trend", the left leader said it was an indication of the coming dangers. "The Centre has made an infringement into the freedom of the press, crossing all limits. There is a threat that if anybody criticises RSS and Sangh Parivar, they will be taught a lesson," he said here in a statement.

The channels- Asianet News and MediaOne were suspended for 48 hours over their coverage of last month's riots in Delhi, with the official orders saying they covered events on February 25 in a manner that "highlighted the attack on places of worship and siding towards a particular community".

However, the ban was lifted on Saturday morning. Urging everyone to adopt a "democratic vigil" against such trends, the Chief Minister said the tactics of the Centre was to bring everyone under its control by instilling fear.

It was seen that such an approach had repeatedly been made on Parliament, constitutional bodies and judiciary in recent times, he said. Claiming that one of the reasons for the ban was criticism of RSS and the Delhi police by the channels, he said no one is beyond that. "How can it be illegal to criticise RSS? The Constitution guarantees the right of any citizen to express his opinion fearlessly," he said.

People have the right to know what is happening in the country and the media has the right and responsibility to report it, Vijayan said adding that the fourth estate should be allowed to act "freely and equitably". The ban on Asianet News was lifted at 1.30 am, while the ban on Media One was lifted at 9.30 am on Saturday, a source at the Ministry of Information and Broadcasting told PTI.

Sources said the two channels had written to the ministry seeking revocation of the bans, following which it was lifted. "Channel's reporting on Delhi violence seems to be biased as it is deliberately focusing on the vandalism of CAA supporters," the ministry order on Media One had said.

"It also questions RSS and alleges Delhi Police inaction. Channel seems to be critical towards Delhi Police and RSS." The ministry had ordered prohibition of transmission or re-transmission of Media One and Asianet News for 48 hours on any platform throughout India with effect from 7.30 pm on Friday to 7.30 pm on Sunday. The Congress and the CPI had flayed the government over the suspension of Media One and Asianet News, calling the clampdown as "stifling of media freedom".

Former chief minister Oommen Chandy said the ban on the two malayalam channels was an "affront" on the democratic rights of the media. The fourth estate is the pillar of democracy and attempts to suppress the media by the government is "extremely worrying", he said in a facebook post.

"I join all democratic minded citizens in strongly condemning such attempts to muzzle the media by the government," he said. Meanwhile, Press Club, Kerala Union of Working Jouranlists (KUWJ) and Kerala Newspaper Employees Federation (KNEF) took out a march to the General Post Office here against the Centre's action on the two channels.

Media personnel holding placards and raising slogans participated in the march against the centre's decision. Similar protests were held in various parts of the state.

New Delhi, May 25: The pending class 10 and 12 board exams will be conducted by CBSE at 15,000 centres across the country instead of 3,000 centres planned earlier, Union HRD Minister Ramesh Pokhriyal 'Nishank' announced on Monday.

The exams, which were postponed due to a nationwide lockdown imposed on March 25 to contain the spread of COVID-19, will now be held from July 1 to 15.

"The class 10, 12 exams will now be conducted at over 15,000 exam centres across India. Earlier, CBSE was slated to hold exams at only 3,000 centres," Nishank said.

The decision has been taken to ensure social distancing at exam centres and minimise travel for students.

The HRD ministry has already announced that students will appear for exams at schools in which they are enrolled rather than external examination centres.

According to home ministry guidelines, there will be no exam centre in COVID-19 containment zones and states will be responsible for making transport arrangements for students to reach their respective centres.

Usually, board examinations are held at designated test centres to ensure minimum bias from schools and enable independent external invigilators to monitor the examination process.

While Class 12 exams will be conducted across the country, the Class 10 exams are only pending in North East Delhi, where they could not be held due to the law-and-order situation in the wake of protests against the amended citizenship act.

The CBSE class 10 and 12 board exam evaluation is being carried out from home.

The HRD ministry had earmarked 3,000 evaluation centres from where answer sheets would be distributed to teachers at their homes for evaluation and then collected.

Universities and schools across the country have been closed since March 16 when the Centre announced a countrywide classroom shutdown as one of the measures to contain the COVID-19 outbreak.

Later, a 21-day nationwide lockdown was announced on March 24, which came into effect the next day. It has now been extended till May 31. The board was not able to conduct class 10 and 12 exams on eight examination days due to the coronavirus outbreak.

Due to the law-and-order situation in North East Delhi, CBSE was not able to conduct exams on four examination days, while a very small number of students from and around this district were not able to appear in exams on six days.

The board had last month announced that it will only conduct pending exams in 29 subjects which are crucial for promotion and admission to higher educational institutions.

The modalities of assessment for the subjects for which exams are not being conducted will be announced soon by the board.

The schedule has been decided in order to ensure that the board exams are completed before competitive examinations such as engineering entrance JEE-Mains, which is scheduled from July 18-23 and medical entrance exam NEET that will be held on July 26.