SC orders nationwide stay on Modi govt’s rules prohibiting cattle slaughter

New Delhi, May 9: The Finance Ministry on Friday announced relief to those who have been facing difficulty with their residency status in India under section 6 of the Income-tax Act due to lockdown and suspension of international flights owing to COIVD-19 outbreak, as they have had to prolong their stay in India.

According to a Central Board of Direct Taxes (CBDT) release, Finance Minister Nirmala Sitharaman today allowed discounting of prolonged stay period in India for the purpose of determining residency status after considering various representations received from people who had to prolong their stay in India due to lockdown and suspension of international flights.

They expressed concern that they will be required to file tax returns as Indian residents and not as NRIs after 120 days of stay.

The Finance Ministry stated that the lockdown continues during the financial year 2020-21 and it is not yet clear when international flight operations would resume, a circular excluding the period of stay of these individuals up to the date of resumption of international flight operations shall be issued for determination of the residential status for the financial year 2020-21.

A circular also said that in order to avoid genuine hardship in such cases, the CBDT has decided that for the purposes of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before March 22, 2020 and:

(a) has been unable to leave India on or before March 31, 2020, his period of stay in India from March 22, 2020 to March 31, 2020 shall not be taken into account; or

(b) has been quarantined in India on account of novel coronavirus (Covid-19) on or after March 1, 2020 and has departed on an evacuation flight on or before March 31, 2020 or has been unable to leave India on or before March 31, 2020, his period of stay from the beginning of his quarantine to his date of departure or March 31, 2020, as the case may be, shall not be taken into account; or

(c) has departed on an evacuation flight on or before March 31, 2020, his period of stay in India from March 22, 2020 to his date of departure shall not be taken into account."

The release said there are number of individuals who had come on a visit to India during the previous year 2019-20 for a particular duration and intended to leave India before the end of the previous year for maintaining their status as non-resident or not ordinary resident in India.

"However, due to declaration of the lockdown and suspension of international flights owing to outbreak of COVID-19, they are required to prolong their stay in India. The status of an individual whether he is resident in India or a non-resident or not ordinarily resident, is dependent, inter-alia, on the period for which the person is in India during a year," it said.

Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

New Delhi, Feb 28: They could hear shots being fired, sense smell of property and vehicles being burnt and feel the stones being pelted. Despite the mayhem that unfolded just a few steps away from their doorsteps, many Muslim households did not feel unsafe due to their Hindu neighbours during the violence in Delhi earlier this week.

Tarannum, a resident of Chand Bagh, said she cannot thank her neighbour Nem Singh enough for saving 15 members of her family that fateful night of February 25. Singh, an auto-rickshaw driver, lives right across her house.

"I could hear the thumping on the door. Our neighbour came to rescue us and assured us that no harm would come to our family, " said Tarannum who lives in lane number 7.

"We thought khayamat has come. Our kids too got scared. Those indulging in rioting are just terrorists. Hindu brothers gave us shelter and saved us. How should I say that they are Hindus or Muslims? When we were under attack, these Hindu brothers provided us safety. We should not fight, " said Tarannum while recounting the horror.

She said a mob has no face, no religion. "I want to tell everyone mob has no name, no religion. Kaun sa pathar kisne mara kisko laga pata hai kya? Pathar ne mazhab dekha kya? (Which stone was thrown by whom, who was hit, does anyone know. Stone does not have a religion," she said.

Singh said he could not bear the wailings of his neighbour's kids.

"Dar to tha par apni gali mein kisi ko pareshan nahi hone dena tha. (I too was afraid but I could not have let them hurt my neighbours)," said Singh when asked if he could have also been attacked for giving shelter to Tarannum family.

"I told them that the rioters will have to go through us first. We all were equally scared," recalled Singh.

Jameel, another local resident, said that his Hindu neighbours were even ready to sacrifice their lives to save him from the ruthless terrorists hired by pro-CAA politicians to unleash violence against Muslims.