Personal laws cannot be in conflict with Constitution: Law Commission

Agencies
August 31, 2018

New Delhi, Aug 31: The Law Commission in its consultation paper released on Friday said that personal laws, by virtue of being enacted as laws, cannot be codified in a way that contradicts the Constitution.

The Commission, however, clarified, that certain issues such as polygamy, nikah halala, settlement of a Parsi wife's property for benefit of children, and the law on adultery are presently sub judiced before the Supreme Court, hence, comprehensive changes on some of these have not been suggested at this stage.

The Commission said that in the absence of any consensus on a uniform civil code the best way forward may be to preserve the diversity of personal laws but at the same time ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India.

"In order to achieve this, it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible, and the inequalities that have crept into codified law, these should be remedied by amendment," the Commission added.

The Commission asserted that codification of discriminatory custom regardless of how commonly acceptable they may be, can lead to crystallisation of prejudices or stereotypes.

The consultation paper discussed the introduction of new grounds for 'no fault' divorce accompanied by corresponding changes to provisions on alimony and maintenance, rights of differently-abled individuals within marriage, the thirty-day period for registration of marriages under Special Marriage Act; uncertainty and inequality in age of consent for marriage, compulsory registration of marriage, bigamy upon conversion etc.

Under the Hindu Law, the paper among other issues, discussed problems with provisions like restitution of conjugal rights, and suggested the inclusion of concepts such as 'community of property' of a married couple, abolition of coparcenary, rights of illegitimate children etc. There are further suggestions for addressing self-acquired property of a Hindu female.

Under Muslim Law, the paper discussed the reform in inheritance law through codification of Muslim Law on inheritance, while ensuring that the codified law is gender just. The paper also discussed the rights of a widow, and the changes application to general laws such as introduction of community of (self acquired) property after marriage, inclusion of irretrievable breakdown of marriage as a ground for divorce.

Under Parsi Law, there are suggestions related to protecting married women's right to inherit property even if they marry outside their community.

The paper also suggested expansion of the Juvenile Justice (Care and Protection) Act, 2015, to make it into a robust secular law that can be accessed by individuals of all communities for adoption. There are suggestions for amending the guidelines for adoption and also to alter the language of the Act to accommodate all gender identities.

On the issue of custody and guardianship laws, statutory or customary, the Commission suggested that the 'best interest of the child' has to remain the paramount consideration in deciding matters of custody regardless of any prevailing personal law in place.

"Although the sixth schedule provides exemptions and exemptions to states in the North East and tribal areas, we suggest that efforts of women's organisations in these areas be acknowledged and relied upon in this regard to suggest ways in which family law reform could be aided by the state even when direct intervention may not be possible," the Commission added.

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News Network
April 22,2020

New Delhi, Apr 22: The number of COVID-19 cases in India reached 20,471on Wednesday, with Maharashtra continuing to be the worst-hit state.

Out of the total number of cases, 15,859 are active cases, 3,959 cured or discharged and 652 deaths.

Maharashtra has reported the highest number of cases across the country, with the count at 5,221, followed by Delhi (2,156) and Gujarat (2,272). Maharashtra reported 251 deaths, the highest fatality rate than any other state.
Fresh cases were reported today from Kerala, Karnataka, Rajasthan and Kashmir among other states and UTs.

The Union Cabinet on Wednesday approved Rs 15,000 crore for 'India COVID-19 Emergency Response and Health System Preparedness Package'. The funds sanctioned will be utilised in three phases.

While Rs 7,774 crore has been provisioned for immediate COVID-19 emergency response, the rest would be used for medium-term support (1-4 years) to be provided under mission mode approach.

Briefing mediapersons about the package here on Wednesday, Union Minister Prakash Javadekar said the key objectives of the package include mounting emergency response to slow and limit COVID-19 in India through the development of diagnostics and COV1D-dedicated treatment facilities, centralised procurement of essential medical equipment and drugs required for treatment of infected patients, strengthen and build resilient national and state health systems to support prevention and preparedness for future disease outbreaks.

Javadekar said that no decision has been taken so far regarding the resumption of flight operations.

"No decision has been taken yet on the resumption of flight operations. An announcement will be made on time as to when it will resume," Javadekar told reporters.
Here's a quick read on the COVID-19 related updates:

1. Two Chinese manufactures of rapid antibody test, Guangzhou Wondfo Biotech Co. Ltd and Zhuhai Livzon Diagnostics Inc are now the subject of investigations by the Indian Council of Medical Research (ICMR) as the rapid testing antibody kits of these two companies delivered results with wide variations and low accuracy.

2. Rajasthan Health Minister Raghu Sharma said that 735 doctors have recently been recruited and posted to hospitals in the state.

3. The Employees Provident Fund Organisation (EPFO) has settled 10.02 lakh claims, including 6.06 lakh COVID-19 cases, under the Pradhan Mantri Garib Kalyan Yojana (PMGKY) in 15 working days.

4. Secretary of Overseas Indian Affairs in the Ministry of External Affairs, Vikas Swarup, interacted with envoys of nearly 30 Central European countries on Wednesday and shared thoughts on fighting COVID-19.

5. Taking cognisance of the need for essential services like plumbing during COVID 19 crisis, the Indian Plumbing Skills Council (IPSC) aligned to Skill India programme, under the aegis of the Ministry of Skill Development and Entrepreneurship (MSDE), has prepared a database of over 900 plumbers who are ready to provide their services during the lockdown period across the country.

6. Braving all odds, workers of the Accredited Social Health Activists (ASHA) are conducting door to door surveys in the Red Zones of Nagpur putting their lives at risk.

7. Aviation Minister Hardeep Puri on Wednesday said that Air India has lifted about 300 tonnes of essential medical cargo so far this month through China-India aerobridge. It is planned that Air India along with SpiceJet and Blue Dart will airlift another 220 tonnes of this critical cargo in the next three days.

8. Ministry of Railways has offered to supply 2.6 lakh meals daily from various railway kitchens wherever the district administration is willing and able to pick up cooked meals and distribute among the needy. This has been communicated to district authorities all over the country.

9. Uttarakhand Chief Minister Trivendra Singh Rawat on Wednesday said that the state's COVID-19 doubling rate stands at 26.6 days and Uttarakhand ranks third in preventing coronavirus infection.

10. The Central government has brought an ordinance to end violence against health workers, making it a cognizable, non-bailable offence with imprisonment up to seven years for those found guilty.

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News Network
June 4,2020

New Delhi, Jun 4: India on Thursday witnessed a record single-day spike of 9,304 coronavirus cases taking the country's tally to 2,16,919, according to the Union Ministry of Health and Family Welfare.

The ministry informed that 260 more deaths due to coronavirus were reported in the last 24 hours.

The total number of cases in the country now stands at 2,16,919 including 1,06,737 active cases, 1,04,107 cured/discharged/migrated and 6,075 deaths.

Maharashtra has so far reported 74,860 cases, more than any other state in the country.

In Tamil Nadu, 25,872 cases have been detected so far while Delhi has reported 23,645 coronavirus cases.

According to the Indian Council of Medical Research (ICMR), 1,39,485 samples were tested in the last 24 hours whereas 42,42,718 samples have been tested till date.

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News Network
June 3,2020

New Delhi, Jun 3: Over 1 lakh scanned copies of Indians' national IDs, including Aadhaar, PAN card and passport, have been put on dark web for sale, cyber intelligence firm Cyble said on Wednesday.

The leaked data seems to have originated from a third party and not from the government system, according to a report by Cyble.

"We came across a non-reputed actor who is currently selling over 1 lakh Indian National IDs on the dark net. With such a low reputation, ideally, we would have skipped this; however, the samples shared by the actor intrigued our interest -- and also the volume. The actor is alleged to have access to over 1 lakh IDs from different places in India," Cyble said.

The personal data leaked by cyber criminals leads to various nefarious activities such as identity thefts, scams, and corporate espionage. Many criminals use the personal details in the IDs to win trust of the people over a phone call for fraudulent activities.

Cyber criminals leak personal data of 2.9 cr job-seeking Indians on dark web for free

The Cyble researchers acquired around 1,000 IDs from the seller and confirmed that the scanned IDs belong to Indians.

"Preliminary analysis suggests that the data originated from a third party, and no indication or artefact is indicating that it came from a government system. At this point, Cyble researchers are still investigating this further -- we are hoping to share an update soon," Cyble said.

The scanned ID documents indicate that the data may have been leaked from a company's data base in the segment where they have to comply with 'Know Your Customer' (KYC) norms.

"Cyble researchers have also learned about a surge in KYC and banking scams -- leaks such as this are often used by scammers to target individuals, especially elderlies," Cyble said.

The cyber intelligence firm has recommended people to refrain from sharing personal information especially financial information over phone, e-mail or SMS.

"Regularly monitor your financial transaction, if you notice any suspicious transaction, contact your bank immediately," the company said.

In May, Cyble showed two instances where personal data of 7.65 crore Indians have been put on sale in the dark web. In one instance, the seller claimed to have sourced data of 4.75 crore Indians from online directory Truecaller and in other, the seller claimed to have sourced from job websites.

Truecaller, however, had denied the claim of breach in its database.

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