Safer to be 'a cow than a Muslim': Shashi Tharoor

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.

New Delhi, Mar 19: Lawyer of Mukesh Singh, who is one of the four death row convicts in the Nirbhaya gang-rape and murder case, on Thursday mentioned a petition before the Registrar of the Supreme Court seeking an urgent hearing in the matter.

Advocate Manohar Lal Sharma, through the petition, sought directions to bring call record, documents and reports of his client through any probe agency and passed appropriate directions and measure to ensure justice in the matter.

The petition, however, has not sought a stay on the execution, which is scheduled for the morning of March 20. The petition is likely to be taken up for hearing today.

Earlier today, the apex court dismissed the curative petition of Pawan Gupta, another convict in the matter, who claimed juvenility at the time of the crime.

This comes as the four convicts -- Mukesh Singh, Akshay Singh Thakur, Vinay Sharma and Pawan Gupta -- are scheduled to be hanged at 5.30 am on March 20.

Meanwhile, several other petitions are also pending in the matter in different courts.

The case pertains to the brutal gang-rape and killing of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people including a juvenile in the national capital. The woman had died at a Singapore hospital a few days later.

Leh, Jul 3: Taking an apparent dig at China, Prime Minister Narendra Modi on Friday said the age of expansionism is over and added that the new age of development is here.

"Age of expansionism is over, this is the age of development. History is witness that expansionist forces have either lost or were forced to turn back," Modi said addressing soldiers in Ladakh's Nimmoo. However, the Prime Minister did not mention China at all in his address to the soldiers.

The remark comes amidst the ongoing tension between India and China at Line of Actual Control in the eastern Ladakh. In a violent face-off 20 Indian soldiers were killed in the Galwan Valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation.

The Prime Minister also said that the people of Ladakh have rejected every attempt to create separatism in the region.

"Ladakh is the head of the country. This is the symbol of pride for the 130 crore citizens of India. This land belongs to the people who are willing to make the ultimate sacrifice for the country... Every attempt to create separatism in the region was rejected by the nationalist people of Ladakh," Modi said.

He also said: "We are the same people who pray to the flute playing Lord Krishna, but we are also the same people who idealise and following the same Lord Krishna who carries the Sudarshan Chakra."

The two countries -- India and China -- have been involved in talks to ease the ongoing border tensions since last month.

Lauding the bravery displayed by the soldiers, the Prime Minister said: "The bravery that you and your compatriots showed, a message has gone to the world about India's strength."

"Your courage is higher than the heights where you are posted today," he added.

"Atmanirbhar Bharat ka sankalp aapke tyag, balidan, pursharth ke karan aur bhi mazbut hai,"(The determination of self-reliant India gets strengthened from your sacrifice and courage)," the Prime Minister said.

The soldiers were observed maintaining social distancing while PM Modi's address here.

PM Modi on Friday made a surprise visit to Ladakh and was briefed by senior officers at Nimmoo amid ongoing tension with China. The Prime Minister was accompanied by Chief of Defence Staff (CDS) General Bipin Rawat and Army Chief General Manoj Mukund Naravane.

He reached Nimmoo, early morning today and interacted with Army, Air Force and ITBP personnel.

Located at 11,000 feet, this is among the tough terrains, surrounded by Zanskar range and on the banks of the Indus.

Sources had earlier informed about CDS Rawat's visit to Leh today. General Rawat's visit holds importance since it comes in the wake of Defence Minister Rajnath Singh's visit to Ladakh being rescheduled.

Earlier, the Defence Minister was scheduled to visit Ladakh today to review the preparedness of the army amid the ongoing standoff with China.

The situation at the India-China border remains tense after 20 Indian soldiers lost their lives in a violent face-off in the Galwan valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation. India and China have been involved in talks to ease the ongoing border tensions since last month.