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
June 5,2020

New Delhi, Jun 5: Around 20 staff members of Delhi Metro Rail Corporation (DMRC) have tested positive for COVID-19, all of them are asymptomatic and are doing well, said DMRC officials.

In a statement, the DMRC said, "Along with the rest of the country, DMRC is also fighting the battle against COVID-19. Delhi Metro's employees have shown exemplary resilience in reporting back to their duties to keep the Metro system in all readiness for the eventual resumption of services."

"Some employees, scattered across the NCR have unfortunately been infected by the virus as well. They are all safe and recovering gradually. However, in this hour of crisis as well, the spirit of Delhi Metro continues to be high," the DMRC stated.

DMRC Managing Director, Dr Mangu Singh, in a message today asked all employees to adhere to social distancing norms and wished those afflicted with the virus a speedy recovery.

"This indomitable spirit will surely help the Delhi Metro, whenever we resume our services in the days ahead," said DMRC.

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News Network
January 1,2020

Pune, Jan 1: Maharashtra Deputy Chief Minister Ajit Pawar and Vanchit Bahujan Aghadi president Prakash Ambedkar paid tributes at the 'Jay Stambh' near here on Wednesday on the 202nd anniversary of Koregaon Bhima battle.

Lakhs of people congregate every year at the 'Jay Stambh' (victory pillar) near Koregaon Bhima village to offer tributes on the anniversary of the battle, which was fought on January 1, 1818 between the British East India Company and the Peshwa faction of the Maratha Confederacy.

Violence broke out during the bicentenary celebrations of the Koregaon Bhima battle on January 1, 2018 in which one person was killed and several others were injured.

Police have made elaborate security arrangements to ensure no untoward incident takes place during the congregation at the victory pillar, an official said.

Talking to reporters after visiting the victory pillar, Pawar said he came to offer tributes on behalf of the people of Maharashtra.

"This pillar has history and every year lakhs of people come here. Some untoward incidents took place two years ago, but the government is taking utmost care and elaborate police bandobast has been made here to ensure that no untoward incident takes place," he said.

Pawar also urged people to visit the war memorial in a peaceful manner.

"I appeal to people to come here and offer their tributes, but maintain peace and do not believe in rumours," the NCP leader said.

Prakash Ambedkar also offered his tributes at the victory pillar.

Pune Police last week issued notices to several people, including right-wing leaders Milind Ekbote and Sambhaji Bhide, and members of Kabir Kala Manch, barring them from entering the district for four days from December 29.

The notices, as part of preventive action, were issued to all those against whom cases were registered in connection with the violence two years ago.

Ekbote was arrested in March 2018 for allegedly instigating and orchestrating the violence around Koregaon Bhima.

Bhide was also booked and named in the FIR, but never arrested.

The police attributed the violence to the Elgar Parishad conclave held here on December 31, 2017, where provocative speeches were allegedly made.

They are also probing the alleged "Maoist link" of some activists to the Elgar Parishad conclave.

Several Dalit groups observe the anniversary of the Koregaon Bhima battle, in which the British defeated the Peshwas of Maharashtra.

The memorial, located at Perne village on Pune- Ahmednagar road, was constructed by the British in the memory of soldiers who died in the battle.

Dalit leaders commemorate the British victory as soldiers from the Mahar community were part of the East India Company's forces.

The Peshwas were Brahmins, and the victory is seen as a symbol of assertiveness by Dalits.

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News Network
March 5,2020

Mumbai, Mar 5: Jet Airways founder Naresh Goyal and few others have been booked by the ED in a money laundering case even as the agency is conducting searches at his premises, officials said on Thursday.

They said a criminal case against the former chairman of the airlines has been filed under the Prevention of Money Laundering Act (PMLA) after taking cognisance of a recent Mumbai Police FIR filed against him.

The Enforcement Directorate carried out raids at Goyal's premises in Mumbai on Wednesday and also questioned him after filing the case, they said.

The action is continuing, they added.

The Mumbai Police FIR pertains to charges of alleged fraud by Goyal and others against a Mumbai-based travel company.

Goyal has earlier been grilled by the central probe agency in a case filed under the Foreign Exchange Management Act (FEMA) in September last year.

The agency had carried out similar raids, under the FEMA, in August last year against Goyal, his family and others.

ED has alleged in the past that the businessman's empire had 19 privately-held companies, five of which were registered abroad.

The agency is probing charges that these firms allegedly carried out “doubtful” transactions under the guise of selling, distribution and operating expenses.

The ED suspects that expenses at these companies were allegedly booked at fake and high costs and as a result, they “projected” huge losses.

Alleged shady aircraft lease transactions with non-existent offshore entities are also under the ED scanner and it is suspected that Jet Airways made payments for lease rental to “ghost firms”, which purportedly routed the ill-gotten money in Goyal's companies.

A full-service carrier, Jet Airways shut its operations in April last year after running out of cash.

A month earlier, Goyal had stepped down as the chairman of Jet Airways.

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