Category: Legal awareness

Arbitration Council of India and New Delhi International Arbitration Centre needs to be set up to achieve PM’s vision to develop India as an international arbitration hub : says Law Minister Shri Kiren Rijiju

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Ministry of Law & Justice Press release dated 15 July 2021

Shri Kiren Rijiju, Minister for Law & Justice, along with Prof. S P Singh Baghel, Minister of State for Law & Justice  took a meeting with the officers of the Department of Legal Affairs and Legislative Department on 15th July, 2021 at Shastri Bhawan. Shri Anoop Kumar Mendiratta, Law Secretary and Secretary, Legislative Department along with officers welcomed the Ministers who in their introductory remarks highlighted the areas of priority for the Government with regard to the working of the Ministry and emphasized upon the need for time bound disposal of files marked to the Department. 

Law Minister expressed his appreciation for the Legal Information Management and Briefing System (LIMBS )initiative of the Department and directed for further enhancing its scope and reach to monitor litigation which is of significant importance from Government and Policy perspectives. 

Minister also stated that to achieve the Prime Minister’s vision to develop India as an international arbitration hub, the Arbitration Council of India (ACI) and the New Delhi International Arbitration Centre (NDIAC) are required to be set up. The establishment of these institutions will not only help in reduction of litigation for appointment of arbitrators, but would promote institutional arbitration, which is the need of the hour.  Besides, the efforts in this direction would help the country in promotion of ease of doing business (EODB) environment, particularly with regard to enforcing of contracts and help in further improving of India’s position in the World Bank ranking on EODB.  These initiatives would be conducive in attracting foreign investments and strengthening of the Indian economy.  

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CCI receives notice relating to acquisition of equity stake in JSW Cement by Synergy Metals Investments Holding Limited, under Green Channel and is deemed approved

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The Competition Commission of India (“CCI”) received a notice relating to acquisition of equity stake in JSW Cement (“Target”) by Synergy Metals Investments Holding Limited (“Acquirer”), under Green Channel and is deemed approved.

The Acquirer is the investment fund of its ultimate controlling entity, Synergy Metals and Mining Fund I LP (“Synergy Fund”). Synergy Fund invests in the industrials, metals and power sectors globally.

The Target is an unlisted public company based in India and belongs to the JSW group of companies. Its business activities include (a) production, manufacturing and trading of cement, clinker, ground granulated blast-furnace slag, slag sand and related products; (b) mining, crushing and grinding of raw materials and all other processes to finally produce and manufacture cement; (c) road transportation services; and (d) purchase of land/immovable properties to erect houses/building, etc.

MCA Press release dated 15 July 2021 ***

Memorandum on Cooperation (MoC) between Competition Commission of India (CCI) and Japan Fair Trade Commission (JFTC)

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The Union Cabinet, chaired by Prime Minister Shri Narendra Modi, has approved the Memorandum on Cooperation (MoC) between Competition Commission of India (CCI) and Japan Fair Trade Commission (JFTC) to promote and strengthen cooperation in the matter of Competition Law and Policy.

Impact:

The approved MoC, through exchange of information, will enable CCI to emulate and learn from the experiences and lessons of its counterpart competition agency in Japan which would enhance efficiency. The same will help improve enforcement of the Competition Act, 2002 by CCI. The resultant outcomes will benefit consumers at large and will promote equity and inclusiveness.

Details:

It will envisage to promote and strengthen cooperation in the matter of Competition Law and policy through exchange of information as well as through various capacity building initiatives in the areas of technical cooperation, experience sharing and enforcement cooperation

Background:

Section 18 of the Competition Act, 2002 permits CCI to enter into any memorandum or arrangement with any agency of any foreign country for the purpose of discharging its duties or performing its functions under the Act.

Cabinet Press release dated 08th July 2021

Justice Department commemorates the milestone of crossing 9 lakh beneficiaries under its Tele-Law programme

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Justice Department commemorates the milestone of crossing 9 lakh beneficiaries under its Tele-Law programme


The event heralds beginning of “Azadi ka Amrit Mahotsav” in Department of Justice

Tele Law has potential to foster inclusive character of justice delivery and strengthening rule of law: says Law Minister Shri Ravi Shankar Prasad during event

Tele-Law saw a surge of 369% growth in number of beneficiaries seeking legal advice during last one year: mentions Justice Department Secretary Shri Barun Mitra

Ministry of Law & Justice issued Press Release today 06th July 2021

Heralding the beginning of “Azadi ka Amrit Mahotsav” and to commemorate the milestone of reaching more than 9 lakh beneficiaries under its Tele-Law programme, Department of Justice organized an event here today. Shri Ravi Shankar Prasad, Minister of Law and Justice, Electronics & Information Technology and Communications was the chief guest on this occasion. Today more than 50,000 Tele Law functionaries across the country got the chance to see and digitally connect with the event.

Speaking on the occasion, Law Minister Shri Ravi Shankar Prasad commended the efforts of VLEs, PLVs, State Coordinators and Panel Lawyers who have become a support pillar for connecting, and solving the day- to- day socio –legal concerns /conflicts of common citizens and facilitating the masses in availing benefits introduced for them under various schemes. The Minister appreciated the efforts of Department of Justice for collection and compilation of real time stories of the beneficiaries. Minister also mentioned about the potential of Tele Law to foster inclusive character of justice delivery and strengthening rule of law. 

A virtual tour of two of the remotest Common Service Centres (CSCs) in M. Rampur Panchayat of Kalahandi district in Odisha and CSC in Tullamulla Panchayat of Ganderbal district in UT of Kashmir was also made by Minister that revealed the reach of technology in the far flung areas. The tour helped in understanding the challenges that the VLEs/PLVs encounter in ensuring Tele-Law service reaches the masses. 

While speaking at the event, Shri Barun Mitra, Secretary, Department of Justice, Ministry of Law & Justice, said that Integrating smart technology through tele and video conferencing, Tele Law has mainstreamed legal aid to the marginalized by connecting them with a dedicated pool of Panel Lawyers either free of cost if so entitled or at nominal fees. A vast cadre of frontline Para Legal Volunteers and Village Level Entrepreneurs belonging to the local CSC neighborhood assist in awareness generation and online registration of beneficiaries needing advice. To ensure seamless penetration in remote geographical hinterlands for better beneficiary coverage, Department of Justice has also developed Tele-Law Mobile App for PLVs.

Highlighting the rapid expansion of Tele-Law initiative, Shri Mitra said, “Tele–Law began its humble journey in 2017 by covering 170 districts in 11 States through 1800 CSCs. In 2019, 115 Aspirational Districts were added taking the number of CSCs to 29,860. Department of Justice is proud that today Tele-Law is operational in 633 districts in 34 States/UTs covering 50,000 CSCs.”

He further said that Tele-Law saw a surge of 369% growth in number of beneficiaries seeking legal advice during last one year. This medium was extensively used by common citizens for asserting their rights and entitlements during the Covid Pandemic. We have touched a new milestone in June, 2021 with more than 9.5 lakh citizens being benefited by Tele-Law.

Tele-Law programme is presently operational in 633 districts (including 115 Aspirational Districts) across 34 States/UTs through a network of 50,000 CSCs.  The programme connects the disadvantaged and needy seeking legal advice from Panel Lawyers through e-interface platform available in Common Service Centres(CSC).

To mark the occasion, the Minister for Law & Justice released a Special Postal cover on Tele-Law- Reaching the Unreached. The front cover depicts photo of Panel lawyer providing advice to the beneficiaries through video/tele conferencing. It also features the images of beneficiaries, who are seen talking to the Panel Lawyers, thus portraying their efforts in overcoming barriers of anxieties, fears and inherent hesitancy in using technological platforms. It also highlights the five steps that are used in connecting a beneficiary with the Panel Lawyer to seek legal advice at the Common Service Centres, truly uncovering why Tele-Law can be said a unique initiative in “Kanooni Salah ki Aur Anootha Kadam”.

Tele-Law is rightly moving in the direction of legal empowerment and in connecting the last mile through technology which is well documented in the booklet “Voices of the Beneficiaries”. The e–edition of the first and second edition of the Voices of the beneficiaries was released in September, 2020 and March 2021. The third edition along with the previous two editions was released by Hon’ble Minister. In his foreword to “Voices of the Beneficiaries” 3rd Edition, the Hon’ble Minister of Law and Justice Shri Ravi Shankar Prasad has underlined that the mainstreaming of legal aid underpins the precept of Sabka Saath, Sabka Vikaas and Sabka Nyaya, as envisioned by the Prime Minister.

Inspired by the real time stories and true events, a short film on Tele-Law: Reaching the Unreached, was also released. In addition, 6 specific capsule of approximately one minute on the beneficiaries from the States of Telangana, Tamil Nadu, Assam, Odisha, Jharkhand and UT of Kashmir have been developed highlighting the penetration and outreach of the programme.

New Signboard for CSCs providing Tele-Law service was released that has been rechristened as “कानूनी सलाह सहायक केंद्र“. The move is intended to bring prominence on the delivery of Legal advice and consultation service through Tele-Law as one of the key service amongst the bouquet of other services provided by these CSC centers.

Even though Tele-law programme is technology driven, its success is dependent on the working of field functionaries comprising of Village Level Entrepreneurs(VLEs), Para Legal Volunteers (PLVs), State Coordinators and Panel Lawyers. The event also marked felicitation of twenty best performing field functionaries under these categories in five zones of the country. The category wise details are as under:

Category

Names

State

Village Level Entrepreneur (VLEs)

Amrita Kumari

Jharkhand

Vijay Mohan Kasbe

Maharashtra

Harpreet Singh

Punjab

Thillai Revathi

Tamil Nadu

Taradeep Chandra

Chattisgarh

Para Legal Volunteers

(PLVs)

Deepshikha Das

Arunachal Pradesh

Vaijayanti Kalappa Bongarge

Maharashtra

Shraddhanjali Jha

Uttar Pradesh

Jesi

Tamil Nadu

Deeksha Varma

Chhattisgarh

State Coordinators

Shresan Kumar Pattnayak

Odisha

Yogesh Nikam

Maharashtra

Dr. Mukesh Lata

Punjab

Abin K.S.

Kerala

Chiranjay Janghel

Chhattisgarh

Panel Lawyers

Amit Kumar Barick

Odisha

Shwetanjali Mishra

Maharashtra, Rajasthan

Aksh Basra 

Punjab, Haryana

Chithralal M R

Kerala

Vikash Kumar

Bihar, Uttar Pradesh

Three of these winners and coincidently all of them female were able to attend the event physically that shows Tele Law programme is truly a movement towards women legal empowerment. Minister interacted with the awardees and encouraged them to mobilize awareness especially amongst the rural women and girls so that they could feel empowered.  He underlined the importance of Tele Law as a tool for ensuring gender justice.  The awardees are: –  

1. Ms. Shraddhanjali Jha, (PLV), from Sultanpur, Uttar Pradesh associated since 2017 and has registered & enabled 500+ cases of the beneficiaries.

2. Dr. Mukesh Lata (State Coordinator) of Punjab. She is associated since 2019 and has been closely working with DLSA officials, police authorities and the local bodies of districts.

3. Ms. Shwetanjali Mishra (Panel Lawyer) Maharashtra). She is associated since 2019 and has enabled 30000+ advices to the beneficiaries & got 34 success stories featured in the Voices of Beneficiaries

The event was attended by senior officials of Department of Justice, CSC e-Gov, India Post and National Legal Service Authority.

Ministry of Women and Child Development invites comments/ suggestions onThe Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021

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Ministry of Women and Child Development has invited comments/suggestions from all the stakeholders on the draft ‘Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021’.The objective of the bill is to prevent and counter trafficking in persons, especially women and children, to provide for care, protection, and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them and also to ensure prosecution of offenders, and for matters connected therewith or incidental thereto. The Bill, once finalized, will be sent to the Cabinet for approvaland then for the assent of both the houses of Parliament to become an Act. This Act shall apply to every offence of trafficking in persons with cross-border implications.

The Comments/suggestions on the aforesaid Draft Bill may be sent by 14.07.2021 on the e-mail ID santanu.brajabasi@gov.in

Kindly click on the link below for the Draft Bill.

https://wcd.nic.in/acts/public-notice-and-draft-trafficking-persons-prevention-care-and-rehabilitation-bill-2021*****

Ministry of Women and Child Development Press release dated 04 July 2021

Enforcing Contracts Portal-Features & portal review

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Dear Sir,

Please refer YouTube video link on Enforcing Contracts Portal-Features & portal review


https://youtu.be/0H3YoiquZgA

Extract copy of Press release issued by Ministry of Law & Justice dated 29th June 2021 given below for your reference :

Justice Department launches “Enforcing Contracts Portal”


The portal aims to promote ease of doing business and improve ‘Contract Enforcement Regime’ in country

The portal is envisioned to be a comprehensive source of information pertaining to the legislative and policy reforms being undertaken on the “Enforcing Contracts” parameters

The portal to provide easy access to latest information on commercial cases in  Dedicated Commercial Courts of Delhi, Mumbai, Bengaluru and Kolkata

The portal to also provide access to repository of commercial laws for ready reference

On 28th June, 2021 an exclusive “Enforcing Contracts Portal” was inaugurated by Shri Barun Mitra, Secretary (Justice) at the Department of Justice, Delhi in the presence of senior officers of the Department of Justice.

Homepage of the Enforcing Contracts Portal :

https://static.pib.gov.in/WriteReadData/userfiles/image/image001TSUR.jpg

The Doing Business Report of World Bank Group benchmarks business regulations across 191 economies of the world. Within this, the Ease of Doing Business (EoDB) index is a ranking system which is an indication of an economy’s position relative to that of other economies across 11 areas of business regulation. The “Enforcing Contracts” indicator is one such essential area that measures time and cost to resolve a standardized commercial dispute as well as a series of good practices in the judiciary. Currently, only the cities of Delhi and Mumbaiare under the purview of the Ease of Doing Business survey by World Bank. Kolkata and Bengaluru are likely to be included in the Doing Business Reportin future.

Department of Justice, Ministry of Law and Justice, as the nodal department has been monitoring an array of legislative and policy reforms to strengthen the “Enforcing Contracts” regime for Ease of Doing Business in India in coordination with e-Committee, Supreme Court of India and the High Courts of Delhi, Bombay, Calcutta and Karnataka. In close collaboration with all of them, Department of Justice has been aggressively pursuing various reform measures to create an effective, efficient, transparent and robust ‘Contract Enforcement Regime’.

Theportal is envisioned to be a comprehensive source of information pertaining to the legislative and policy reforms being undertaken on the “Enforcing Contracts” parameters. It includes the latest data related tothe functioning and disposal of commercial cases in the Dedicated Commercial Courtsof Delhi, Mumbai, Bengaluru and Kolkata. These Dedicated Commercial Courts have been established for speedy resolution of commercial disputesand boast of dedicated infrastructure and exclusive judicial human power.

In order to make access to information on commercial courtand related services easy, the portal contains several features such as details/links of the Dedicated Commercial Courts in Delhi, Mumbai, Bengaluru and Kolkata ; instructive videos related to e-filing, advocate registration; manuals on using the Electronic Case Management Tools(ECMTs) like JustIS app for judicial officers and e-Courts services app for use by lawyers (developed by the e-Committee, Supreme Court of India)anda repository of all related commercial laws for ready reference.

The new portal also hosts online reporting by all High Courts regarding the Mediation and Arbitration centres annexed to the Commercial Courts in order to monitor and promote institutional mediation & arbitration by way of Pre-institution Mediation and Settlement(PIMS) of commercial cases. PIMS has been introduced with the aim of reducing pendency of cases and to promote mediation as a viable dispute resolution alternative in commercial cases.

The Enforcing Contracts portal direct URL link : https://doj.gov.in/eodb/

Ministry of Law & Justice Press release dated 29 June 2021

All High Court, SC websites-Make Indian Judicial System more Accessible to the Disabled

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All High Court websites now have captchas accessible to physically disabled people


The e-Committee, Supreme court of India’s special initiative to make Indian Judicial System more Accessible to the Disabled

Creation of Standard Operating Procedure (SOP) for generating accessible court documents is under process

Judgment Search Portal accessible to persons with disabilities created

The task of making the digital infrastructure of the Indian judicial system more accessible to persons with disabilities has been a core component of the work of the e-Committee, Supreme Court of India, in the last few months. A significant milestone that the e-Committee’s efforts towards this objective have yielded has been to ensure that all High Court websites now have captchas which are accessible to Persons with Disabilities (PwDs).

https://static.pib.gov.in/WriteReadData/userfiles/image/image0011H29.jpg

These captchas serve as entry points to access several essential facets of a court website, such as judgments/orders, cause-lists and checking the status of cases. Many High Court websites were hitherto exclusively using visual captchas inaccessible to the visually challenged, making it impossible for them to access such content independently. In coordination with all High Courts, the e-Committee has now ensured that visual captchas are accompanied by text/ audio captchas making the website content accessible to the visually challenged.

In a letter dated 16th December 2020, the  Chairperson of the e-Committee, Dr Justice D.Y. Chandrachud, exhorted all High Courts to make their digital infrastructure accessible to persons with disabilities in conformity with the constitutional and statutory entitlements of the disabled. The letter contained a series of structural interventions for all High Courts to undertake in this regard.

Pursuant to this letter, the e-Committee formulated an action plan to ensure the accessibility of the digital interface of all High Courts’ websites in Phase 1 of this project. Six parameters were devised to determine if the website of a given High Court was accessible. These were: Access to judgments; Access to cause-lists; Access to case status; Contrast/ colour theme; text size [A+AA]; and screen reader access.

The e-Committee conducted a series of sessions for the Central Project Coordinators of all High Courts and their technical teams to create awareness and impart training on ensuring accessibility of the digital interface of all High Courts’ websites and generating accessible PDFs. The websites of the High Courts now comply with the above parameters except for a few websites which are in the process of providing screen reader access. The status of the compliance of the High Courts with these parameters- Annexure A.

The e-Committee is also in the process of creating a Standard Operating Procedure (SOP) for generating accessible court documents and will serve as a user guide to its stakeholders. This will also address the issues of watermarks, entering content by hand, improper placement of stamps and inaccessible pagination of files. In this regard, the Chairperson of the e-Committee, Dr Justice D Y Chandrachud, has addressed a letter dated 25.06.2021 to the Chief Justices of all the High Courts for their input and suggestions on creating the said SOP.

Another significant initiative undertaken by the e-Committee in collaboration with NIC is creating a judgment search portal ( https://judgments.ecourts.gov.in  ) accessible to persons with disabilities.  The portal contains judgements and final orders passed by all High Courts. The portal uses a free text search engine. In addition, the portal provides the facility of using an audio captcha, along with a text captcha. It also uses accessible combo boxes, making it easier for the visually disabled to navigate the website.

The website of the e-Committee (https://ecommitteesci.gov.in/) and the e-Courts website (https://ecourts.gov.in/ecourts_home/) are also accessible to persons with disabilities. The eCommittee webpage is created on the S3WAAS platform, which complies with the standards for making websites accessible for the disabled.

The e-Committee’s training programmes for Lawyers also sensitise Advocates to adopt accessible filing practices.

These measures, cumulatively viewed, have significantly furthered access to justice for the disabled and served as a powerful affirmation of their dignity allowing them to participate in our justice system on equal terms. For legal professionals with disabilities, these measures have been a significant step in enabling them to participate in the profession on the same footing as their able-bodied counterparts. These initiatives of the e-Committee have helped transform our courts from sites of exclusion to bastions of inclusion for the disabled, and it is a way forward in creating an accessible and inclusive legal system.

Annexure A

*****

Ministry of Law & Justice Press Release dated 27 June 2021