Category: Legal awareness

*Ministry of Law and Justice*

It is imperative to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable: Chief Justice of India

Posted Date:- Aug 08, 2021

“Accessing justice in India is not merely an aspirational goal.We need to work hand in hand with various wings of the government to make it a practical reality.”, said the Chief Justice of India and Patron-in Chief, National Legal Services Authority(NALSA) today in New Delhi.

Releasing the Vision & Mission Statement and the Legal Services mobile Application of NALSA at a hybrid event which was attended by functionaries across the country, the CJI said that, if we want to remain as a society governed by the Rule of Law, it is imperative for us to bridge the gap of accessibility to justice between the highly privileged and the most vulnerable.

Applauding the role of NALSA and its initiative wherein all post offices who have been associated with NALSA for disseminating awareness and providing legal aid, Shri N.V. Ramana said the services of the existing postal network can be effectively utilized to spread awareness regarding the availability of free legal aid services and to increase the outreach of legal services to the eligible category of persons, especially to the persons residing in rural and far-flung areas of the country.

“The service rendered by the post office and post-man will bridge the gap between people who are deprived of access to justice due to geographical constraints and  will  reduce the divide between the rural and urban population”, said the CJI

Speaking on the occasion Executive Chairperson of NALSA and Judge, Supreme Court of India, Shri U. U. Lalit elaborated upon the duty of Legal Services Institutions and emphasised that if we are to reach the remotest areas of the country, it must be through post offices.

The event also witnessed launch of display Posters by both the dignitaries’ which will be installed at all post offices across the country for disseminating information regarding the availability of free legal aid and assistance.

The Vision & Mission statement launched today encapsulates the vision of NALSA to promote an inclusive legal system and to ensure fair and meaningful justice to the marginalized and disadvantaged sector. It further promotes the mission of NALSA to legally empower the marginalized and excluded groups of the society by providing effective legal representation, legal literacy & awareness to bridge the gap between the legally available benefits and the entitled beneficiaries. 

The Legal Services Mobile Application for Android Phones, incorporates features including seeking legal assistance, legal advice, and other grievances. Application tracking facilities, and seeking clarifications are some additional features available to both Legal Aid beneficiaries and Legal Services Authorities. Beneficiaries can also apply for pre-institution mediation through the app. Victims can also file an application for Victim Compensation with the App. The App will soon be launched on iOS and in regional languages.

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Legal Updates 7th August 2021

1. Not Much Scope For Considering ‘Territorial Jurisdiction’ Issue In A Transfer Petition U/s 25 CPC: Supreme Court
   (Source : Live Law) 2.Article 25 Does Not Provide Any Immunity From Taxation On The Basis Of Religion, Salaries Of Nuns and Priests Working As Teachers Liable To TDS: Kerala High Court
   (Source : Live Law)
2. Secular Law For Marriage And Divorce is The Need Of The Hour: Kerala High Court
   (Source : Live Law)
3. Education Not A “General Occupation” Under Article 19(1)(g); Profiteering Not Allowed: Petitioners Tell Delhi HC In Private School Fees Case
   (Source : Live Law)
4. Punjab and Haryana High Court Issues Notice on Plea Challenging Section 15 of the Hindu Succession Act
   (Source : Live Law)
5. CBI, IB do not help judiciary at all; Judges are threatened in cases of high profile people; CBI has done nothing: Supreme Court
   (Source : Bar and Bench)
6. Father does not own daughter; every child has right to use mother’s surname: Delhi High Court
   (Source : Bar and Bench)
7. ” Important that access to justice not denied:” Supreme Court reduces pre-admission costs for hearing PIL from ₹ 3.9 crore to ₹ 10 lakh
   (Source : Bar and Bench)
8. It is upto married couple to decide which religion to follow: Gujarat High Court on religious conversion law
   (Source : Bar and Bench)
9. POCSO Offences- “Victim’s Parent/Guardian Should Be Notified Of Bail Plea & Their Right To Legal Assistance”: Allahabad High Court
   (Source : Live Law)
10. Kerala High Court Stays Inclusion Of Christian Nadars In SEBC List; Applies Supreme Court’s Interpretation Of 102nd Constitution Amendment
    (Source : Live Law)

Regards,
Abha

1.’Redefine Jurisdiction Of Family Courts Under Guardianship And Wards Act To Protect Interests Of Children of Transnational Marriages’: Madras High Court
(Source : Live Law)

2. [ COVID-19 Vaccination] Karnataka High Court urges State to include teaching, non-teaching staff of schools in category of frontline workers
   (Source : Bar and Bench)
3. “Choice Of Religion Is Between Two Individuals”: Gujarat HC Seeks Govt. Reply On Plea Challenging Gujarat Freedom Of Religion Act
   (Source : Live Law)
4. [Domestic Violence] The aggrieved often do not rush to police or keep medical records of abuse: Bombay High Court upholds payment of compensation
   (Source : Bar and Bench)
5. Section 9 Arbitration Act Will Apply To Foreign Arbitration Unless Expressly Excluded By Parties In Arbitration Agreement: Calcutta HC
   (Source : Live Law)
6. Tendency in society not to treat mental health issue as illness: Himachal Pradesh High Court grants bail to accused on ground of mental illness
   (Source : Bar and Bench)
7. Properly Framed ‘All India Judicial Service’ Important To Strengthen Justice Delivery System: Centre Tells Rajyasabha
   (Source : Live Law)
8. [BREAKING] Finance Ministry introduces Bill to withdraw retrospective amendments to Income Tax Act – A compromise for Vodafone, Cairn judgments
   (Source : Bar and Bench) 9.No Action Against Those Involved In Free Distribution Of Medical Oxygen During Covid Second Wave: Delhi Govt Tells High Court
   (Source : Live Law)
9. Many born after 1947 may not be aware of independence struggle; we are enjoying benefits of freedom and some are misusing it: Madras High Court
   (Source : Bar and Bench) 11.Salaries payable to Nuns, Priests working as teachers in Govt, Aided institutions liable for TDS; does not violate Article 25: Kerala High Court
   (Source : Bar and Bench)

Regards,
Abha

Legal Updates 5th August 2021

1.Section 7 IBC application not barred by limitation even if filed 3 years after Corporate Debtor’s loan account declared as NPA: Supreme Court
(Source : Bar and Bench)

2. Krishna river dispute: Andhra declines mediation, CJI recuses himself
   (Source : Hindustan Times)
3. Noida towers built on green area palpably wrong: Supreme Court
   (Source : Times of India)
4. Cognizance Of Section 138 NI Act Offence By Magistrate Will Not Automatically Result In Decree In Civil Suit For Cheque Dishonour : Delhi High Court
   (Source : Live Law)
5. Parliament Passes Bill To Amend Act Regulating Major Airports In India
   (Source : Live Law)
6. E-Way Bill Not Required For Transportation Of Used Personal Vehicle : Kerala High Court
   (Source : Live Law) 7.Madras High Court Stays NGT Office Order Mandating Suo Moto ‘Pan India’ Matters To Be Heard Only By NGT Principal Bench
   (Source : Live Law) 8.”Lawyers Charge Professional Fee & Then Abstain From Work”: Allahabad HC Refuses To Direct Time Bound Disposal Of A Case
   (Source : Live Law)
7. Section 9 Arbitration Act will apply to foreign arbitration unless arbitration agreement expressly excludes its application: Calcutta High Court
   (Source : Bar and Bench)
8. Order under Section 12 of Domestic Violence Act can be enforced in same manner as maintenance orders under CrPC: Karnataka High Court
   (Source : Bar and Bench)
9. Supreme Court issues notice on PIL seeking stringent mechanism for sugarcane farmers
   (Source : India Legal Live)
10. False impotency allegation ground for divorce says Supreme Court
    (Source : Times of India)
11. Rummy & Poker Are Games Of Skills’ : Madras High Court While Striking Down Online Gaming Ban
    (Source : Live Law)
12. Freedom of speech the foundation of a strong democracy: Punjab & Haryana High Court grants bail to farmer booked for sedition
    (Source : Live Law)
13. [Treatment of Rare Diseases] Digital crowdfunding platform now operational: Centre tells Delhi High Court
    (Source : Bar and Bench)

Regards,
Abha

Government has initiated comprehensive review of the existing Criminal Laws with the view to make them relevant to the contemporary law & order situation as well as to provide speedy justice to the vulnerable sections of the society. Government of India intends to create a legal structure which is citizen-centric and prioritises to secure life and to preserve human rights.

In judgment dated 17.07.2018 of the Hon’ble Supreme Court in Writ Petition (Civil) No. 754 of 2016 in the matter of Tehseen S. Poonawalla Vs. Union of India, the court has not directed this Ministry to ask the National Crime Records Bureau (NCRB) to collect hate crime data.

‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India and State Governments are responsible for prevention, detection, registration and investigation of crime and for prosecuting the criminals through their law enforcement agencies. However, the Ministry of Home Affairs has issued advisories to States and UTs, from time to time, to maintain law and order and ensure that any person who takes law into his/her own hand is punished promptly as per law. An advisory dated 04.07.2018 was issued to the States and UTs to keep watch on circulation of fake news and rumours having potential of inciting violence, take all required measures to counter them effectively  and  to  deal  firmly  with  persons  taking  law  into  their  own hands. Further, advisories dated 23.07.2018 and 25.09.2018 were issued to the State Governments/UT Administrations for taking measures to curb incidents of mob lynching in the country. The Government, through audio-visual media, has also generated public awareness to curb the menace of mob lynching. The Government has also sensitized the service providers to take steps to check the propagation of false news and rumours having potential to incite mob violence and lynching.

This was stated by the Minister of State for Home Affairs, Shri Nityanand Rai in a written reply to question in the Rajya Sabha today.

Ministry of Home Affairs Press Release dated 28 July 2021

Ministry of Food Processing Industries

Parliament passes the National Institutes of Food Technology, Entrepreneurship and Management Bill, 2021

With this NIFTEM in Haryana and IIFPT in Tamil Nadu became Institutions of National Importance.

Posted Date:- Jul 26, 2021

Parliament has passed the National Institutes of Food Technology, Entrepreneurship and Management Bill, 2021. The Bill was unanimously passed by the Loksabha today, which was earlier cleared by the Rajya Sabha on 15^th March this year.

Briefing the media after the passage of the Bill in Parliament, Union Minister for Food Processing Industries Shri Pashupati Kumar Paras said this is a historic day as with the passing of this bill, our two educational institutes, National Institute of Food Technology Entrepreneurship and Management (NIFTEM)Kundali (Haryana) and Indian Institute of Food Processing Technology(IIFPT)Thanjabur (Tamil Nadu) under the Ministry of Food Processing Industries became Institutions of National Importance (INI).

Shri Parasexpressed his gratitude to Prime Minister Shri Narendra Modi, Parliamentary Affairs Minister Shri Pralhad Joshi and all the Members of Parliament and senior officials of the Ministry for this landmark step, which will provide these Institutes Greater Autonomy, so that they can start new and innovative courses, as well as help them to attract excellent faculty and students. He said, Global standards can also be adopted in academic and research work.

The Minister said, these institutes will have curricular provision related to food processing areas e.g. cold chain technology, food bio nanotechnology which can help in filling the technological gap. He said, now they can open new centres anywhere in the country and abroad. Along with this, giving them the status of Institute of National Importance (INI) will also pave the way for the creation of skilled manpower.

Speaking on the occasion, Vice Chancellor of NIFTEM, Dr ChindiVasudevappa said that hereafter all efforts will be made to upgrade infrastructure, Human Resources and lab facilities at par with IITs and IIMs. He said, our students can be trained internationally in Food Science and Technology, being the only stand-alone University.<><><><><>

1. Will not launch any fresh debt scheme : Franklin Templeton to Supreme Court ‘SC allows FT to deposit Rs. 250 crore Against SEBI Demand of Rs. 512 cr.’
(Source : Times of India)

2. Pregnant women need bail, not jail : Himachal Pradesh High Court in drugs case ‘Allow Temporary Suspension Of Sentence Up To Year After Delivery’
(Source : Times of India)

3. Supreme Court restores Rs. 88 lakh relief for girl who fell ill on school trip She’s Bedridden For Lift As Timely Medical Help Wasn’t Given
(Source : Times of India)

4. Hoarding medicines, Oxygen during pandemic, even foy charity, not permissible : Top Court
(Source : Times of India)

5.’Reservation For Physically Disabled Horizontal’ : MP High Court Allows Plea Of SC-PwD Candidate In Civil Judge Selection
(Source : Live Law)

5.Chief Minister’s Social Media Posts Not Equal To Administrative Order/Instruction: Madhya Pradesh High Court
(Source : Live Law)

6.If you do not respect the system, you will get no respect: Bombay High Court reprimands lawyer, refuses to accept his apology
(Source : Bar and Bench)

7.Creation of southern Bench for Supreme Court: Bar Council representatives of 5 southern States meet CJI NV Ramana, Vice President Venkaiah Naidu
(Source : Bar and Bench)

8.Roster position will not determine seniority of judges recruited after applying Roster system of Reservation: Madras High Court
(Source : Bar and Bench)

9. Don’t disrespect leaders of country or State when publishing news articles about them: Madras High Court while quashing defamation proceedings
(Source : Bar and Bench)

10.Personal Information Having No Relation To Any Public Activity, Public Interest Cannot Be Disclosed Under RTI Act: Delhi High Court
(Source : Live Law)

11. PIL Seeking Optical Fiber Network, IT Infra. For District Courts: Andhra Pradesh High Court Seeks Centre, State Govt. Response
(Source : Live Law)

Regards,
Abha

Government had promulgated “The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020”, “The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance, 2020”, and “The Essential Commodities (Amendment) Ordinance, 2020” on 5th June, 2020 by following the due procedure. Union Government had enacted the new Farm Laws under entry 33 of List-III (Concurrent List) of Seventh Schedule of the Constitution, under which the Parliament is constitutionally competent to legislate & has passed the laws.

The bills on aforesaid laws were passed by both the houses of the Parliament and subsequently enacted these into Acts on 27th September, 2020.

Government has always been supporting the idea of strengthening of Agricultural Produce Market Committees (APMCs) and making them more competitive through improving services and infrastructure. Government has been providing assistance to  APMCs for infrastructure and value chain development through various schemes like Rashtriya Krishi Vikas Yojna – RAFTAAR, Agriculture Market Infrastructure (AMI), National Agriculture Market (e-NAM), Agri. Infrastructure Fund (AIF) and Agriculture Marketing Infrastructure Fund (AMIF), etc.

The New Farm laws viz, “The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020”,  “The Farmers (Empowerment and Protection) Agreement On Price Assurance and Farm Services Act, 2020” and “The Essential Commodities (Amendment) Act, 2020,  are intended to provide an ecosystem where the farmers can enjoy the freedom of choice relating to sale of farmers’ produce which facilitates remunerative prices to farmers through competitive alternative channels for selling their produce. These farm Acts will facilitate direct buying from farmers in trade area by traders, processors, exporters, Farmer Producer Organizations (FPOs), agriculture co-operative Societies etc., so as to facilitate farmers with better price realization due to reduction in supply chain and marketing cost to enhance their income.

Farm laws provide additional marketing opportunities outside the APMC market yards such as farm-gates, cold storages, warehouse, silos, etc. to help farmers get remunerative prices due to additional competition. Farm laws will accelerate more investment in marketing and value addition infrastructure near to farm gate creating more employment opportunities for rural youth. Further farmers are free to sell their produce in APMC as earlier.

Government of India announces Minimum Support Prices (MSP) for 22 major agricultural commodities of Fair Average Quality (FAQ) each year in both the crop seasons after taking into account the recommendations of the Commission for Agricultural Costs and Prices (CACP). Government also extends remunerative price to farmers through its various interventions schemes. The procurement at MSP is being done by Central and State Agencies under various schemes of Government. Besides, the overall market also responds to declaration of MSP and Government’s procurement operations, results in increase of selling price of the various notified crops.`

MSP policy has nothing to do with Farm Acts. Farmers are free to sell their produce to the Government procurement agencies at MSP or Agricultural Produce Market Committee (APMC) markets or through contract farming or in the open market whichever is advantageous to them. 

This information was given in a written reply by the Union Minister of Agriculture and Farmers Welfare Shri Narendra Singh Tomar in Lok Sabha today.

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Ministry of Agriculture & Farmers Welfare Press Release dated 20 July 2021