Thursday, 25 August 2016

LEGAL BULLETIN#5#Afternoon Special



PARLIAMENT SPECIAL


1) Surrogacy(Regulation)Bill,2016, Approved by the Cabinet:

The Union Cabinet gave its approval for the introduction of Surrogacy(Regulation)Bill, 2016 in the parliament.It puts a complete ban on commercial surrogacy in India. It allows ethical altruistic surrogacy to the needy infertile couple.

Key Provisions of the Draft Bill:

1)Childless legally wedded indian couple married for atleast 5 years can have kids through surrogacy. 
2)A married woman who is a close relative of the couple & has atleast one child of her own can be a surrogate mother only once in her lifetime.

3)Couples who have adopted or biological children have been barred.
4)Homosexual couples ,people in live-in relationships,single individuals, foreigners, NRI's & PIO's holding OCI (overseas citizens of india) have also been barred.
5)Surrogacy clinics to be registred & have to maintain records for 25 years.
6) National and state surrogacy boards will be set up as regulating bodies.

The bill aims to ensure that parentage of child born is legal and transparent.It will put a complete ban on commercial surrogacy including sale & purchase of human embryo and gametes(India became the first country to legalise it in 2002). The violations will be punishable by  jail term of atleast 10 years and a fine of upto Rs.10 lakh.The bill will apply to the whole of India, except Jammu & Kashmir.


BAR & BENCH


2) Tribunals are not necessary parties to the proceedings where legality of its orders are challenged:


The Supreme Court has held that all tribunals are not necessary parties in Special Civil Applications under articles 226 and 227 of the Constitution. They are not required to defend its orders when they are challenged before the High Court.It was held in the case M.S.KAZI VS. MUSLIM EDUCATION SOCIETY. There was no necessity of impleading the tribunal as a party to the proceedings.




Wednesday, 24 August 2016

FOR THE MOTION 


Ever been to a roadside Chaiwala or a Shuddh Desi Dhaba . If yes, then atleast for once , you might have noticed a small boy of 12 or 13 in rags , with a towel on his shoulders, serving you chai or taking your orders . In a very carefree manner you say him " oe chhotu , chai laa".

Whether it's you or your parents or their parents.You do it , We all do it. Many of us love watching Ruhi in the show 'Yeh h Mohabbatein ' and Tapu in 'Taarak Mehta Ka Oolta Chasma' . Right !!Of course,they are lovely to watch. But, they too are made to work, Then why do we call them CHILD ARTISTS and not CHILD LABOURERS .

 But, the Truth is this that each and every child who works to receive any amount for the work done is Child Labour . For abolishing child labour , the Government is at work . In the year 1986, Child labour Amendment Act said that, A Child can put in some minimum number of hours for a particular work. A Child must receive an hour break after every three hour stretch. They can't work between 7pm and 8am . But , the main point is this that here, Child refers to any person who has not completed his 14 years of age. But , The Child labour amendment act 2016 is a step further than this one.

 This Amendment completely prohibits engagement of children below the age of 14 in all occupations and processes so that, they are able to enjoy their fundamental right to education under right of children to free and compulsory education act 2009. The bill also makes engaging child labour an offence punishable by imprisonment for a term of not less than 6 months  and upto 2 years, or by fine of not less than 20000RS or RS 50000 or even both . This amendment has been slapped by the child rights activists saying, that it will throw children into a bigger pool of child labour . 

But , I strongly oppose that ,Because, this act prohibits any Child under 14 to  work in any kind of occupation. Thus, it gives them time and opportunity both, to receive Education . Either rich or poor all need Education and to make it more accessible, Government has made it cheaper. 

But still, rather then sending children to school if we send them to work places then, who is at FAULT??? We or the Government? As I told before this Act prohibits a child under 14 to engage in any kind of activity whether its hazardous or not? because he is a mere child he can not decide what is hazardous and what's not ?? 

Talking further about the Amendment, it allows children to work in Family Enterprises only on holidays and after school hours.  But even that is not appreciated by child right activists. The main point is this, that to make hundred from ten it needs to pass on from 9 different stages.

It needs Experience, A child will be able to learn all the skills required right from his childhood. This amendment very strongly focuses that a child will be allowed to work only and only if work has no effect on his studies and no interference in school hours. Do you still think that this Amendment is against children? if yes !! then think again. 

Furthermore, Government also enhances the strictness and punishment for employing child labour. What else do we expect ?? In  India , BBA  that is Bachpan Bachao Andolan has been responsible for rescuing around 5000 children below 14 yrs between January 2010 to December 2014 with the help of Government Agencies , Police and Judiciary . This act as well is going to give opportunities for under 14 to live their life.

 Besides all Controversies, just for once think about that child who is eager to learn but is thrown into this Terrible World of Child Labour.... What was his Fault??? 

In the age , when he needs to go to school, when his hands must hold pen and notebook ,he is made to work in farms, shops and  even in our homes. If you want them to work, then School is the best place to Work. On this, I remember quoting few lines from a poem that i recently read .....



             babu ji ek rupaiyadedo , kehke aaya paas mere 

             chehre parmoti,pet mein bhookh, le aaya wo paas mere

             guzar gayaaankhon ke aage , kyun uskaa sara bachpan                      haath jod kyukhada rha , aankon k age saara bachpan.

             kabhi kitabon tohkabhi foolo ko bechne ki jugat me                           khota bachpan                     

             dhue or shor k beech, kyu ashko mein khota bachpan.
                            
              
                                               
Every child has the Right to Live his Life and Right to Study. It is heart breaking to think that in this age of Technology and Communication , Where we know everything that's happening in the  farthest corners of the world ,Children are at such disgusting stage. 

When we have children like Priyanshi Somani who became the Winner of Mental Calculation World Cup in 2010 like Kautlya Pandit who is named as " GOOGLE BOY " and Satyam Kumar who is the youngest one ever to crack IIT  exam , we still are narrow minded and poor in thoughts to send them in work places. Talking about their backgrounds, they all belong to simple backgrounds and even one of them is son of a Farmer . Just imagine, if their parents too forced them to work. Would they be child genius as they are !! 

We all have heard about "NO PAIN NO GAIN"... if we want to grow and develop we need not send to farms and factories. But there is no harm in letting them discover their ancient family works.
 There are certain kinds of works where family support is needed but we can't name it as CHILD LABOUR. If a boy helps his father in his Business, Would we call it a Child Labour ??    NO ..... This Amendment clearly differentiates Child Labour and Child Help. If a child is happy and willing to work , then he must be allowed .

 There are children who even after attaining degrees find it suitable to work in Family Establishments. Instead of wasting time in finding a perfect job , What if he already knows what he is best at . They will be experienced, right from their Childhood. They will be sure about the field they want to pursue.

 In this Amendment, Adolescents too are not allowed to work in hazardous occupation. They can get themselves involved in an occupation that allows them to earn money because at this stage they are grown up enough to contribute in their Family's Income.

Government is taking hard steps through these Amendments, and is in need of our support..Government is not to be blamed when we send our children to work places to earn some money.If we want to abolish Child Labour,We need to pull it out from its roots.

                              Remember, a potter's child will end up as a Potter ;a Weaver's child as a Weaver ;a Farmer's son as a Farmer ; but if we give them chances to Bloom, they will improve Family's condition and make our Nation Brighter.

ABOUT THE WRITER:

 Kajal Arora is a first year student of University Institute of Legal Studies, Panjab University. She has won the written debate competition organised by legal daftar.#KUDOS

Thursday, 18 August 2016

EXPERTS REVIEW#2#NJAC Special

THE "NJAC  v. COLLEGIUM" DEBATE


Accountability of public offices is the very essence of democracy as the authority without responsibility is anti-thesis of constitutionalism. Judiciary-Executive friction is not new as the question regarding the appointment of judicial officers has been bothering not just the top echelons of judiciary but the executive too. 

The long-pending demands for transparency and accountability of judges was introduced in the Constitutional Bills i.e. The National Judicial Appointments Commission (NJAC) Bill 2014 and The Constitution (One Hundred and Twenty First Amendment) Bill, 2014 which were passed by the Lok Sabha on 13th August 2014 and by Rajya Sabha on 14th August 2014 seeking to substitute the present collegiums system for appointment of Judges to the higher judiciary.

 The Government prescribed that judges should be appointed by 6-member NJAC, headed by the Chief Justice of India, two senior most Supreme Court judges, the Union law minister and the two ‘eminent’ persons. With a host of clauses and riders, the act was accorded presidential assent on the last day of 2014 and the NJAC was notified in April 2015.

 But from January, a batch of petitions, led by the Supreme Court Advocates on Record Association, started claiming that NJAC tinkered with the independence of the judiciary and that many of its provisions were unconstitutional. They wanted the collegium system back with greater transparency. But even before the ink is dry on the two bills, petitions have been filed in the Supreme Court challenging their constitutionality on the ground that they have violated the basic structure of the Constitution i.e. independence of judiciary. 

The challenge is rather an unusual one, in as much as for the first time a bill is challenged before it has actually become a law.

 On 16th October 2015, there was gunpowder in the air and then the gavel swung like an axe: “The Constitution (Ninety-ninth Amendment) Act, 2014 is declared unconstitutional and void; the National Judicial Appointments Commission Act, 2014 is declared unconstitutional and void; the system of appointment of judges to the Supreme Court, chief justices and judges to the high courts… called the “collegium system”, is declared to be operative.”

 The Supreme Court was right in reiterating that independence of judiciary is the basic structure of the Constitution. But then, judges must appreciate that it is not an end in itself. Judicial appraisal is a delicate and difficult issue. At stake is the integrity, merit and judicial independence. 

Though NJAC Act 2014 has been passed by due process of amendment as contained under Article 368 of Constitution still Supreme Court has expressed its doubts that it will be interference in independence of Judiciary and violation of Basic Structure of Constitution. 

 About The Writer:



Prof. Rattan Singh holds a coveted position as a senior Professor in University Institute of Legal Studies, Panjab University, Chandigarh. He is a proficient teacher having expertise in Constitutional law, Administrative law and research methodology. His two projects have been awarded by the UGC and he has also authored two books, "Socio-Economic Offences in India" and "Legal Research Methodology". He is also an alumini of Guru Nanak Dev University Amritsar.


Saturday, 13 August 2016

List of selected students for Round 2


The following students have been selected for next round.

FOR THE MOTION:


     1. Arzoo Modi
2. Avantika Singh
3. Hanu Mittal
4. Harleen Kaur
5. Jaspreet Kaur
6. Kajal Arora
7. Praneet Kaur
8.Vandana Pal Singh
9. Vikrant Jolly


            AGAINST THE MOTION:

      1. Aastha Sood
2. Bhavyata Kapoor

3. Deepika Midha

4. Deepra Gagneja

5. Diksha Mehta

6. Gulmuskaan Kaur
7. Gunwant Dhaliwal
8. Monika Bharia
9. Puneet Kaur Bhullar
10. Seerat Singh
11. Shivani Kaushik
12. Uday Singh Cheema

IMPORTANT INSTRUCTIONS:

The selected students shall be given 3 days to send their final document of 1200-1500 words.

16 August, 2016:
DEADLINE FOR FINAL SUBMISSION

The selected students are required to send their final document of 1200-1500 words in .doc or .docx format
The article should be mailed to organisers on legaldaftar@gmail.com latest by 11:59 p.m. on 16 August.
The subject of the e-mail should be either FOR/ AGAINST THE MOTION

20 August, 2016:DECLARATION OF RESULTS

The results will be declared on our Facebook page- Legal Daftar Co.- at 5 p.m.

FOR ANY QUERY-

Write to us at legaldaftar@gmail.com
OR
Contact: Aayush Arora -9815969509
Rivisha Sachdeva- 9781839777
Hemlata Malik- 9466163637

Friday, 12 August 2016

IFS- IN DESPERATE NEED OF REFORM


IFS- IN DESPERATE NEED OF REFORM


The 12th report presented by the panel of “Parliamentary Standing Committee on External Affairs” in context to the ‘Standards on Recruitment, Structure and Capacity Building of IFS Cadre’, is indeed an appreciable effort of our policy makers for there is a vital requirement to fortify the already brawny organization of plenipotentiaries of our country. The said committee has recognized that to put forth the best foot on the international front, the need of the hour is follow “specialized domain knowledge rather than to still fuse with exclusive specialization”.

The diplomats while representing the country on intercontinental podium, undeniably, entail premier echelon of potential which indeed has been well exhibited by our delegates’ right from the time of sovereign India originating on the world map. However, now we call for taking up level two on meeting up with elite international standards by considering and effectively accomplishing the following praiseworthy submissions of the committee after their intense research.

Proposals

1. Increase in the number of foreign diplomats:


This proposal is one of the remarkable observations of the report which is now much required due to the “energetic programme of foreign outreach”, where in efforts are made that India must get its rightful place in the comity of nations and international institutions. Consequently, in the process of rebooting and reorienting the foreign policy “diplomatic corps commensurate with foreign policy engagements and goals is sine qua non for the realization of our national interest”.


2. Quality- quantity dilemma:


Another outstanding effort has been made to focus both on quality and quantity of the diplomats and it has been suggested to insert additional parameters like, “international aptitude, curiosity about the world, knowledge or demonstrated interest in foreign affairs, communication skills in English and foreign languages” in their selection process.  It also recommends additional weight-age to the personality test and going much beyond to conduct a separate test for Indian Foreign Services in order to choice the unsurpassed contenders on international arena.

3. The concept of “lateral entry”:


It is also one of the fine annotations through which officers from specialized services shall be sent on deputation for 3 to 5 years. This will assist in “augmenting capacity in the relevant fields without disturbing the existing equilibrium between the domain experts and the generalists”. On one hand the experts of their domain will get a prospect to make contribution in the international policy and the country on the other hand will be the beneficiary while receiving their prudent experiences.

Definitely, there will be many upheavals in achieving what has been desired by the committee but if harmonization and perseverance prevails between distributed factions of our government institution, the day will not be far when our dream of being “leading nation on global map” will be witnessed as veracity.

About the writer:




Dr. Kusum Pal is an Assistant professor at the University Institute of Legal Studies in Panjab University. She is a proficient teacher having expertise in Public International Law and managing director of Resilience Judicial Academy. She is also an alumni of Himachal Pradesh University.

Sunday, 7 August 2016

Legal Daftar presents #1st#WrittenDebateCompetition

1st LEGAL DAFTAR WRITTEN DEBATE COMPETITION


Theme: Child Rights in India


Topic: This House Believes that- "Implementation of Child Labour (Prohibition and Regulation) Amendment Act, 2016 will lead to entrepreneurial and cognitive development within children below the age of 14 years."

HOW TO APPLY?


7 August, 2016: 

REGISTRATIONS OPEN

Send an abstract of 100-150 words (for or against the motion) and your personal details in the following format-
1. Name
2. Age
3. Class/Year of Study
4. School/College Name
5.Postal Address

e-mail your abstract at legaldaftar@gmail.com in .doc or .docx format
The subject of the e-mail shall be either FOR/ AGAINST THE MOTION

11 August, 2016:
DEADLINE TO SUBMIT ABSTRACT

The abstract shall reach the organisers on legaldaftar@gmail.com latest by 11:59 p.m. on 11 August.

13 August, 2016:
SELECTION OF ABSTRACTS

10 entries for the motion & 10 entries against the motion shall be selected
The list of selected students shall be put up on our Facebook page- Legal Daftar Co.- at 5 p.m.
The selected students shall be given 3 days to send their final document of 1200-1500 words.

16 August, 2016:
DEADLINE FOR FINAL SUBMISSION

The selected students shall be required to send their final document of 1200-1500 words in .doc or .docx format
The article shall be mailed to organisers on legaldaftar@gmail.com latest by 11:59 p.m. on 16 August.
The subject of the e-mail shall be either FOR/ AGAINST THE MOTION

20 August, 2016:DECLARATION OF RESULTS

The results will be declared on our Facebook page- Legal Daftar Co.- at 5 p.m.

FOR ANY QUERY-

Write to us at legaldaftar@gmail.com
OR
Contact: Aayush Arora -9815969509
Rivisha Sachdeva- 9781839777
Hemlata Malik- 9466163637



Friday, 5 August 2016

LEGAL BULLETIN #4#AfternoonSpecial


HC & SC Special


1) Gujarat HC scraps 10% quota for EBC:

The Gujarat High court has quashed the 10% reservation given to the economically backward classes in higher educational institutions and government jobs. It declared the Gujarat Unreserved Economically Weaker Sections Ordinance, 2016 as  unconstitutional because the total reservation in the state exceeded the 50% cap set by the Supreme court.

2) Delhi HC rules LG is the administrative head of NCT:

The Delhi High court bench of Chief Justice G. Rohini and Justice Jayant Nath ruled that National Capital Territory of Delhi continues to be a Union Territory under the administrative control of Lieutenant Governor, Najeeb Jung. It held that the laws made by the assembly can only be implemented after getting Lt. Governor's approval. Therefore, in May this year, the Centre has returned 14 bills passed by the Delhi assembly for not following the 'proper procedure'.

New Appointments


3) Gujarat's Next CM:

Vijay Rupani has been appointed as the new chief minister of the state post a meeting of MLA's with the BJP's leadership. He is a first time MLA of the BJP from Rajkot West constituency.
P.S.- Nitin Patel, the senior most minister, was earlier seen as the future candidate for the post of CM. He has now been asked to accept the post of Deputy CM.

4) First Indian women in IOC:

Nita Ambani is the first Indian woman to become a member of the International Olympic Committee. She is a noted sports promoter and founder chairperson of the Reliance Foundation.
P.S.- Sir Dorabji Tata was the first person to represent India in IOC.

5)Tunisia gets its new PM:

Youssef Chahed has been elected as the new Prime Minister of the Republic of Tunisia after the parliament passed a vote of no- confidence against Habib Essid.
P.S.- Tunisia is the northern most country in Africa and a type of unitary semi- presidential representative democratic republic.