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Legal Notifications

  • COWVIGILANTISM

The Supreme Court in the PIL filled by Social Activist Tehseen S Poonawala has condemned incidents of violence under the façade of animal protection. Directions have been issued to State Governments to appoint a nodal officer who would be in-charge of cases relating to cow-vigilantes.

  • THE TRIPLE TALAAQ JUDGEMENT

On Tuesday 22.08.2017, a five-judge bench of the Supreme Court, while deciding on the constitutional validity of a particular Islamic practice of divorce, declared talaaqebiddat and or triple talaaq as unconstitutional. The court herein was to decide whether declaring such a practice as unconstitutional, would be an intrusion to one’s liberty of upholding religious practices. The Bench though upheld the idea that nefarious religious practices cannot be allowed in the name of religious autonomy merely because such a practice is being followed for long enough.

  • RIGHT TO PRIVACY A FUNDAMENTAL RIGHT

The Supreme Court has held that Right to Privacy is a fundamental right protected under Article 21 of the Indian Constitution. A nine-judge bench of the Supreme Court while deciding the matter relating to ‘Right to Privacy’ ventured into a variety of areas such as LGBT Rights, Data Protection, Food Ban etc.

Such a judgement may certainly be considered beneficial as far as decisions relating to the constitutionality of the AADHAR scheme or the fate of unauthorized biographies for that matter is concerned.

  • PARITY OF PAYMENT

The Supreme Court has held that that there should be parity as far as payment for posts having same nature of duties and educational qualifications is concerned.

The same has been held while deciding an appeal made by State of Punjab against an order of the Punjab and Haryana High Court.

  • THE SHEBOX INITIATIVE

The Ministry of Women and Child Development, on Monday, launched the “SHe-box” – initiative, which is a Sexual Harassment online complaint box that will be hosted at the Ministry’s website (www.wcd.nic.in), for female Government employees who face sexual harassment or abuse at work.    

  • TO PREVENT THE MISUSE OF THE LEGAL WEAPON

The Indian Penal Code has provisions to protect women against cruelty by their husbands and in-laws (u/s -498A of IPC). But in observation of the growing number of cases wherein women misuse such a provision, the Supreme Court has laid down certain guidelines in this regard. These guidelines have been laid in the case of Rajesh Sharma and Others v State of U.P. and another.

The guidelines prescribe the setting up of one or more Family Welfare Committees in every district by the District Legal Services Authorities. It directs that every complaint u/s 498A should be referred to this Committee by Police/Magistrate. It is only after such a Committee has submitted its report that any arrests shall be made. It was also suggested that such directions will not apply to the offences involving tangible physical injuries or death.

  • SAFETY OF CHILDREN IN EDUCATIONAL INSTITUTES

To the apathy of one and all, the previous week was horrid for school-going children in New Delhi. Firstly, the brutal murder of a 7 years old kid from Ryan International School in Gurugram, because he resisted sexual assault from a bus conductor. Thereafter, the Shahadara incident occurred wherein a 5 years old girl was raped by a peon. Not long before, in the month of May, another young boy merely 6 years old had drowned to death inside the water tank of Ryan International School in Vasant Kunj area of New Delhi. In all these incidents, the Principal as well as the Class Teacher are being held accountable. Management faces charges holding them personally liable for the tragedy.

The recent series of such incidents has certainly kindled questions about the vigilance and concern that school authorities should observe towards the protection of students within school premises. Records revealed by RTI, following the Ryan International School incident suggest that, school authorities were found wanting on several fronts and regularly flouted guidelines mandatory for ensuring the safety and security of school-goers.

In this regard, the disobedience to the Guidelines for Safety of Children in School by the police was observed to be the most blatant lacuna.

Some of the critical points mentioned in these guidelines are as follows: –

  • Access of bus drivers and conductors should be restricted to the bus-area.
  • Access to areas such as class-rooms, canteens, swimming pool, toilets, sports rooms, fields etc. should be made available only to those who are required.
  • Direct Station House Officers (SHO’s) to keep a watch on the safety of children;
  • Ensure observance of guidelines for schools in Delhi for the safety of students.
  • Install/ increase CCTV cameras within the school premises;
  • Increase number of security personnel;
  • Ensure police verification and surveillance of movement of school staff.

More details in this regard can be accessed here.

  • CHEAPER AND FASTER PATENT REGISTRATION FOR STARTUPS

According to the latest Patents (Amendment) Rules 2016, all start-up’s have been qualified as ‘individual entities’ rather than a ‘company’. Owing to this, there shall be a considerable reduction in the charges for registration of patents. Start-up’s have been offered 80% rebate under the new rules in case of registration. Start-up’s may also opt for expeditious proceedings in this regard by paying twice the amount of registration.