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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Agencies
March 12,2020

Mumbai, Mar 12: In what appears to be the worst trading session in the Indian stock markets, the benchmark BSE Sensex crashed over 2900 points to end below the 33,000-mark.

The Sensex crashed 2,919.26 points to end at 32,778.14. So far it has touched an intra-day low of 32,530.05 points.

The Nifty50 on the National Stock Exchange also lost nearly 850 points so far. It plunged 868.25 points to 9,590.15.

The plunge was in line with the global markets as all Asian indices also traded in the red after the World Health Organization (WHO) declared coronavirus a global pandemic following which the Dow Jones Industrial Average also slumped significantly on Wednesday.

The bear run in both the global and domestic markets has continued off late on concerns of the coronavirus outbreak severely impacting the global economy. It has also raised calls for government intervention and support.

Central banks in several countries, including the US Federal Reserve have announced emergency rate cuts to boost sentiments. However, the concerns have only deepened in the past few days as the number of COVID-19 cases across the world has increased.

Further, following the rout in the global markets oil prices also fell on Thursday with the Brent crude trading around $34 per barrel.

The Indian rupee also felt the pressure and touched a 17-month low of 74.34 per dollar in its initial trade.

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News Network
February 28,2020

Feb 28: For 30-year-old Shabana Parveen, it was nothing sort of a miracle — giving birth to a healthy baby boy after surviving a brutal attack by a mob who kicked and assaulted her and her husband in northeast Delhi's Karawal Nagar.

Their home set afire by the mob, Ms Parveen's family is now pinning their hopes on the newborn who they called a "miracle baby".

Ms Parveen, her husband, two kids and mother-in-law were sleeping inside the house on Monday night when a mob barged into their house.

Narrating their ordeal, Ms Parveen's mother-in-law Nashima told PTI, "They hurled religious slurs, beat up my son. Some of them even kicked my daughter-in-law in the abdomen...as I went to protect her they came charging at me... We thought we would not survive that night. But with God's grace we somehow managed to escape from the clutches of the rioters."

"We rushed Parveen to a nearby hospital but doctors there asked us to go to Al-hind Hospital where she delivered a baby boy on Wednesday," she added.

Despite having lost their home for over two decades and all belongings, her family has overcome the initial shock and are now overjoyed with the birth of the "miracle baby".

Ms Nashima said she had no clue where the family would go after Ms Parveen was discharged from the hospital.

"It's all gone there. Nothing left. Maybe, we will go to some relative's place and see how we can re-build our life," she said.

Ali, 6, who held his one-day-old brother, caressing his forehead, said, "I will take care of him forever and save him from every ill."

The violence over the amended citizenship law in northeast Delhi has claimed 38 lives so far and left over 200 people injured. Frenzied mobs torched houses, shops, vehicles, a petrol pump and pelted stones at locals and police personnel.

Jaffrabad, Maujpur, Babarpur, Yamuna Vihar, Bhajanpura, Chand Bagh and Shiv Vihar are among the areas mainly affected by the clashes.

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News Network
January 31,2020

New Delhi, Jan 31: Nirbhaya's mother Asha Devi on Friday said she will continue her fight till the convicts in the 2012 gangrape and murder case are hanged, shortly after a Delhi court postponed the execution of death warrants till further order.

Devi told reporters her "hopes are dashed" but she will continue her fight.

"These convicts have no right to live. We keep getting disappointed by the system. I will continue my fight till the convicts are hanged," she said.

A Delhi court postponed the execution of death warrants of the four convicts in the Nirbhaya gangrape and murder case till further order.

Additional sessions judge Dharmender Rana passed the order on a plea by the convicts seeking a stay on their execution on Saturday, February 1.

Devi said because of the loopholes in law the "criminals' lawyers had the audacity to challenge me in court that they will not be hanged".

The black warrants for execution of the death sentence against Pawan Gupta, Vinay Kumar Sharma, Akshay Kumar and Mukesh Kumar Singh, were issued on January 17.

A 23-year-old physiotherapy intern who came to be known as "Nirbhaya" (the fearless one) was gangraped and savagely assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.

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