Will work with like-minded parties to defeat communal forces: Sonia

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, Feb 22: China is delaying grant of clearance to India's proposal to send an Indian Air Force flight to carry relief material for people affected by coronavirus in the neighbouring country and bring back Indians from its city of Wuhan, official sources said Saturday.

India was to send a C-17 military transport aircraft to Wuhan, the epicentre of the coronavirus outbreak, on February 20 but the plane could not take off as permission was not granted for the flight.

"China is deliberately delaying grant of clearance for the evacuation flight," a high-level source said.

The aircraft was to carry a large consignment of medical supplies to China and bring back more Indians from Wuhan.

Sources said the Chinese side continued to maintain that there was no delay in granting permission for the flight to go, but "inexplicably" the clearance has not been given.

In a letter to President Xi Jinping earlier this month, Prime Minister Narendra Modi conveyed India's solidarity to the people and government of China in meeting the challenge of the coronavirus outbreak and offered to provide assistance to the country.

India then put together relief supplies in pursuance of Modi's commitment as a token of India's solidarity, particularly in the 70th year of the anniversary of diplomatic relations between the two countries.

"These supplies have been offered even as India faces tremendous shortage itself, given our ethos of helping others in their hour of need," said a source aware of the issue.

The items being supplied are gloves, surgical masks, feeding pumps and defibrillators based on the requirements as indicated by the Chinese side.

India's national carrier Air India has already evacuated around 640 Indians from Wuhan in two separate flights.

According to estimates, over 100 Indians are still living in Wuhan. A sizeable number of countries have evacuated their citizens from China and restricted movement of people and goods to and from the country in view of the massive outbreak of coronavirus there.

Indian nationals in Wuhan continue their long wait for the flight. The delay is causing them and their family members in India tremendous mental anguish, said the sources.

They said relief and evacuation flights from other countries including by France are allowed to operate by China but the permission has not come through in India's case.

"Are they not interested in Indian aid provided as our token of support? Why are they creating roadblock in evacuating our nationals from Wuhan and putting them under hardship and mental agony?" said a person aware of the issue.

New Delhi, Jul 18: With 34,884 people testing positive for coronavirus in the last 24 hours, India's Covid-19 caseload surged to 10,38,716 while 6,53,750 patients have recovered from the disease so far, according to data by the Union Health Ministry.

The death toll due to Covid-19 rose to 26,273 with 671 fatalities reported in a day, the data updated at 8 am on Saturday showed.

At present, there are 3,58,692 active cases in the country, while 6,53,750 people have recovered so far and one has migrated.

"Around 62.94 per cent of patients have recovered so far," an official said.

The total number of confirmed cases includes foreigners.

This is the third consecutive day when the number of Covid-19 cases increased by more than 30,000.

According to the Indian Council of Medical Research (ICMR), a cumulative total of 1,34,33,742 samples have been tested for COVID-19 up to July 17 with 3,61,024 samples being tested on Friday.

Of the 671 deaths reported in the last 24 hours, 258 are from Maharashtra, 115 from Karnataka, 79 from Tamil Nadu, 42 from Andhra Pradesh, 38 from Uttar Pradesh, 26 each from West Bengal and Delhi, 17 from Gujarat, nine each from Jammu and Kashmir and Punjab, and eight each from Madhya Pradesh and Rajasthan.

Telangana has reported seven fatalities followed by Haryana with five deaths, Jharkhand, Bihar and Odisha reported four each, Assam and Puducherry have registered three each, Chhattisgarh and Goa reported two each while Kerala and Uttarakhand have registered a fatality each.

Of the total 26,273 deaths reported so far, Maharashtra accounted for the highest 11,452 fatalities followed by Delhi with 3,571 deaths, Tamil Nadu 2,315, Gujarat 2,106, Karnataka 1,147, Uttar Pradesh 1,084, West Bengal 1,049, Madhya Pradesh 697 and Rajasthan 546.

So far 534 people have died of COVID-19 in Andhra Pradesh, 403 in Telangana, 327 in Haryana, 239 in Punjab, 231 in Jammu and Kashmir, 201 in Bihar, 83 in Odisha, 51 in Uttarakhand and Assam each, 46 in Jharkhand and 38 in Kerala.

Puducherry has registered 25 deaths, Chhattisgarh 23, Goa 21, Himachal Pradesh and Chandigarh 11 each, Arunachal Pradesh and Tripura three each, Meghalaya and Dadra and Nagar Haveli and Daman and Diu two each while Ladakh has reported one fatality.

The Health Ministry stressed that more than 70 per cent of the deaths occurred due to comorbidities.

Maharashtra has reported the highest number of cases at 2,92,589 followed by Tamil Nadu at 1,60,907, Delhi at 1,20,107, Karnataka at 55,115, Gujarat at 46,430, Uttar Pradesh at 45,163 and Telangana at 42,496.

The number of Covid-19 cases has gone up to 40,646 in Andhra Pradesh, 38,011 in West Bengal, 27,789 in Rajasthan, 24,797 in Haryana, 23,589 in Bihar and 21,081 in Madhya Pradesh.

Assam has instances of 20,646 infections, Odisha 16,110 and Jammu and Kashmir 12,757 cases. Kerala has reported 11,066 novel coronavirus infections so far, while Punjab has 9,442 cases.

A total of 4,964 have been infected by the virus in Chhattisgarh, 4,921 in Jharkhand, 4,102 in Uttarakhand, 3,304 in Goa, 2,366 in Tripura, 1,832 in Puducherry, 1,800 in Manipur, 1,417 in Himachal Pradesh and 1,151 in Ladakh.

Nagaland has recorded 956 Covid-19 cases, Chandigarh 660, Arunachal Pradesh 609 and Dadra and Nagar Haveli and Daman and Diu together have reported 585 cases.

Meghalaya has reported 403 cases, Mizoram 282, Sikkim has registered 266 infections so far, while Andaman and Nicobar Islands has recorded 194 cases.

"Our figures are being reconciled with the ICMR," the ministry said, adding that 163 cases are being reassigned to states.

State-wise distribution is subject to further verification and reconciliation, it added.