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The RTI Amendment Bill, 2019

By CL -
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RTI Act amendments: Government has introduced amendments giving itself powers to set salaries and service conditions for Information Commissioners. This article discusses The RTI Amendment Bill, 2019 and how does it change the existing Act, and why is the Opposition protesting it?

What is RTI Act?

The Right to Information Act, 2005, is one of the instruments which have empowered the citizens of India. It is one of the most successful laws of independent India in empowering the ordinary citizens and bringing in the confidence amongst the citizens to question the governmental authorities and machinery. This act aims at the accountability and citizen-centric approach of the government. It also acts as a deterrent factor for the government servants and bureaucrats that they cannot act and work arbitrarily and thus keeping in place the doctrine of checks and balances.

Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and functioning.  This includes:

  • disclosure on their organisation, functions, and structure,
  • powers and duties of its officers and employees, and
  • financial information.

The intent of such suo-moto disclosures is that the public should need minimum recourse through the Act to obtain such information.  If such information is not made available, citizens have the right to request for it from the Authorities.  This may include information in the form of documents, files, or electronic records under the control of the Public Authority.

Explaining the purpose of the act, the Supreme Court recently in the case of Anjali Bhardwaj & Ors. vs. Union of India held that “RTI Act is enacted not only to sub-serve but also to ensure freedom of speech. Good governance, which is an essential component of any vibrant democracy, can be achieved if the act is properly implemented. Attaining good governance is also one of the visions of the constitution. It also has a vital connection with the development of the nation”.

Enforcement Procedure under the RTI Act

The RTI Act has established a three tier structure for enforcing the right to information guaranteed under the Act.

Public Authorities designate some of their officers as Public Information Officers.  The first request for information goes to Central/State Assistant Public Information Officer and Central/State Public Information Officer, designated by the Public Authorities. These Officers are required to provide information to an RTI applicant within 30 days of the request.  Appeals from their decisions go to an Appellate Authority.  Appeals against the order of the Appellate Authority go to the State Information Commission or the Central Information Commission.  These Information Commissions consists of a Chief Information Commissioner, and up to 10 Information Commissioners.

What are the changes brought by the act?

The The RTI Amendment Bill, 2019 amends Sections 13 and 16 of the Right to Information (RTI) Act, 2005. Section 13 of the original Act sets the term of the central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier). The amendment proposes that the appointment will be “for such term as may be prescribed by the Central Government”. Again, Section 13 states that salaries, allowances and other terms of service of “the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner”, and those of an Information Commissioner “shall be the same as that of an Election Commissioner”. The amendment proposes that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government”.

Section 16 of the RTI Act, 2005 deals with state-level Chief Information Commissioners and Information Commissioners. It sets the term for state-level CICs and ICs at five years (or 65 years of age, whichever is earlier). The amendment proposes that these appointments should be for “such term as may be prescribed by the Central Government”. And while the original Act prescribes salaries, allowances and other terms of service of the state Chief Information Commissioner as “the same as that of an Election Commissioner”, and the salaries and other terms of service of the State Information Commissioners as “the same as that of the Chief Secretary to the State Government”, the amendment proposes that these “shall be such as may be prescribed by the Central Government”.

Provision RTI Act, 2005 RTI (Amendment) Bill, 2019
Term The Chief Information Commissioner (CIC) and Information Commissioners (ICs) (at the central and state level) will hold office for a term of five years. The Bill removes this provision and states that the central government will notify the term of office for the CIC and the ICs.
Quantum of Salary The salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners, respectively.

Similarly, the salary of the CIC and ICs (at the state level) will be equivalent to the salary paid to the Election Commissioners and the Chief Secretary to the state government, respectively.

  The Bill removes these provisions and states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.

 
Deductions in Salary The Act states that at the time of the appointment of the CIC and ICs (at the central and state level), if they are receiving pension or any other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension.

Previous government service includes service under: (i) the central government, (ii) state government, (iii) corporation established under a central or state law, and (iv) company owned or controlled by the central or state government.

 The Bill removes these provisions.

 

 

Reasons for Opposition

The RTI Amendment Bill, 2019 is facing a lot of flak from the opposition as well as the public. It is being argued that the bill will take away the Independence of the RTI authorities.

  • It would grant greater powers to the centre as everything will be decided by the government. Thus, the neutrality of information commissioners would be crippled and make information commissioners “More Loyal” to the government. They will behave like the employees of the government and if they so wish, they can decide to withhold information that can support the government.
  • The original act had defined terms tenures, salaries, appointment, etc. The amendment is viewed as the tenure, salaries, appointment to be decided on a case to case basis by the government.
  • The proposed amendment diminishes the status of the CIC, SCIC and IC from that of the Supreme Court Judge and thus, this would lower their authority to issue the directives to the senior government officers.
  • The proposed amendment would adversely affect the independence of the CIC, SCIC and ICs as the Centre will now have the authority to decide the tenure, terms and salaries of these officials. Thus, this is a threat to independence.
  • The proposed bill was introduced and passed without the public consultation which hampers the citizens’ right to information as a public consultation is necessary for laws to become successful and drafting of the legislation cannot be left to the elected representatives alone.
  • It appears as an effort to bring the Central Information Commission under the absolute control of the central government. The CIC and ICs deal with huge vested interests, especially in the senior bureaucracy. It is important for them to be independent.
  • This amendment will take away the transparency as it will empower the central government to decide unilaterally which will fundamentally weaken the whole basic idea and structure of the RTI.

Government’s Justification

The argument put forward by the Minister for PMO, Jitender Singh, explaining the objectives and reasons behind the proposed amendments is:

“The functions being carried out by the Election Commission of India and Central and State Information Commissions are totally different. The Election Commission is a constitutional body established by clause (1) of article 324 of the Constitution and is responsible for the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all election to Parliament and to the Legislature of every State and of election to the office of President and Vice President held under the Constitution. On the other hand, the Central Information Commission and State Information Commissions are statutory bodies established under the provision of the Right to Information Act, 2005. Therefore, the mandate of Election Commission of India and Central and State Information Commissions are different. Hence their status and service conditions need to be rationalised accordingly.”

The Government even argued that RTI is not a constitutional right and CIC/SIC is not a constitutional body. While introducing the bill, the PMO Jitendra Singh said, “Probably, the then government of the day, in a hurry to pass the RTI Act, 2005, overlooked a lot of things. The Central Information Commissioner has been given the status of a Supreme Court judge but his judgments can be challenged in the High Courts. How can that exist? Besides, the RTI Act did not give the government rule-making powers. We are merely correcting these through the amendment.”

The main aim of the RTI Act, 2005 which was to promote transparency, accountability in the working of every public authority and the citizens’ right to secure the access to information is being crippled by this RTI Amendment bill, 2019. This is an attempt to take away the free flow of unbiased information and place before the general public, the filtered information by the public authorities in order to please the government. The government has weakened the sunshine law without providing any credible rationale for bringing an amendment as this will definitely hamper the independent working of the Information Commissioners. They are now no more vested with the independence, transparency, status and authority but will now be functioning as one of the departments answerable ultimately to the central government.

Consumer Protection Act, 2019 : Ushering of a New Caveat Venditor Paradigm

By CL -
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The Parliament cleared the landmark Consumer Protection Bill, 2019 which aims to protect and strengthen the rights of consumers by establishing authorities for timely and effective administration and settlement of consumers’ grievances. The Bill was passed by the Lok Sabha on 30th July, 2019 and was passed by Rajya Sabha today through a voice vote. The Bill will replace the more than three decades old Consumer Protection Act, 1986.

The Bill, originally introduced in January 2018 in the last winter session of Parliament, seeks to replace the three-decade-old Consumer Protection Act, 1986, which was amended thrice but is still found wanting in tackling the challenges posed by online transactions, and tele-marketing, multi-level, and digital marketing.

OBJECTIVES OF NEW STATUTE

  • ease the overall process of consumer grievance redressal system
  • a better mechanism to dispose consumer complaints in a speedy manner
  • help in disposal of large number of pending cases in consumer courts across the nation

WHY A NEW BILL?

New Act was a long pending legislation and all the recommendations of the Parliamentary Standing Committee were incorporated in the bill except for five recommendations. The pressing need the Act is formulated are as follow:-

Consumer markets have undergone huge transformation since the enactment of the Consumer Protection Act in 1986.

  • Presence of increasingly complex products and services in the marketplace.
  • The emergence of global supply chains, rise in international trade and the rapid development of e-commerce.
  • New delivery systems for goods and services and have provided new opportunities for consumers.
  • Equally, this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices.
  • Misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-tailing pose new challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment.

NEW FEATURES

  1. SIMPLIFIED DISPUTE RESOLUTION PROCESS
    • Pecuniary Jurisdiction enhanced to-
      • District Commission –Up to Rs1 crore
      • State Commission- Between Rs1 crore and Rs 10 crore
      • National Commission –Above Rs.10 crore
    • Deemed admissibility after 21days of filing
    • Empowerment of Consumer Commission to enforce their orders
    • Appeals only on question of law after second stage
    • Ease of approaching consumer commission
    • Filing from place of residence
    • E-filing
    • Videoconferencing for hearing
  1. CENTRAL CONSUMER PROTECTION AUTHORITY (CCPA)

While the sector regulators essentially serve as standard setting bodies and seek to ensure an even playing field between Government and other stakeholders. It is an Executive Agency to provide relief to a class of consumers. Swift executive remedies are proposed in the bill through CCPA

  • The CCPA will be empowered to promote, protect and enforce the rights of consumers as a class
  • CCPA would make interventions to prevent consumer detriment arising from unfair trade practices.
  • The agency can also initiate class action, including enforcing recall, refund, return of unsafe products, goods and services and impose penalties.
  • It will regulate matters related to violation of consumer rights, unfair trade practices, adulteration of products and misleading advertisements.
  • Provisions for deterrent punishment to check misleading advertisements and
  • Authority will have power to impose a penalty on a manufacturer or an endorser of up to 10 lakh rupees and imprisonment for up to two years for a false or misleading advertisement.
  • Presently Consumer only have a single point of access to justice, which is time consuming. Additional swift executive remedies are proposed in the bill through Central Consumer Protection Authority (CCPA)
  1. MEDIATION
  • An Alternate Dispute Resolution (ADR) mechanism
  • Reference to Mediation by Consumer Forum wherever scope for early settlement exists and parties agree for it.
  • Mediation cells to be attached to Consumer Forum
  • No appeal against settlement through mediation
  1. PRODUCT LIABILITY

A manufacturer or product service provider or product seller to be responsible to compensate for injury or damage caused by defective product or deficiency in services

The Basis for product liability action will be:

  • Manufacturing defect
  • Design defect
  • Deviation from manufacturing specifications
  • Not conforming to express warranty
  • Failing to contain adequate instruction for correct use
  • Services provided are faulty, imperfect or deficient

NEW REMEDIES FORMULATED

  • envisages simplified dispute resolution process, has provision for Mediation and e-filing of cases
  • exclusive law dealing with Product Liability. A manufacturer or product service provider or product seller will now be responsible to compensate for injury or damage caused by defective product or deficiency in services. Product liability provision to deter manufacturers and service providers from delivering defective products or deficient services.
  • The Bill also enables regulations to be notified on E-commerce and direct selling with focus on protection of interest of consumers.
  • a provision for class action law suit for ensuring that rights of consumers are not infringed upon.

OLD LAW V/S NEW LAW

FEATURES 1986 2019
1.      Ambit of law All goods and services for consideration, while free and personal services are excluded All goods and services, including telecom and housing construction, and all modes of transactions (online, teleshopping, etc.) for consideration. Free and personal services are excluded.

 
2.      Unfair trade practices (Defined as deceptive practices to promote the sale, use or supply of a good or service.) Includes six types of such practices, like false representation, misleading advertisements. Adds three types of practices to the list,(i) failure to issue a bill or receipt; (ii) refusal to accept a good returned within 30 days; and (iii) disclosure of personal information given in confidence, unless required by law or in public interest.

 

Contests/ lotteries may be notified as not falling under the ambit of unfair trade practices.
3.      Product liability No provision. Claim for product liability can be made against manufacturer, service provider, and seller.
4.      Unfair contracts No provision. Defined as contracts that cause significant change in consumer rights. Lists six contract terms which may be held as unfair.
5.      Central Protection Councils (CPCs) CPCs promote and protect the rights of consumers. They are established at the district, state, and national level. The new Bill makes CPCs advisory bodies for promotion and protection of consumer rights. Establishes CPCs at the district, State and national level.
6.      Regulator No provision. Central Consumer Protection Authority (CCPA) to promote, protect, and enforce the rights of consumers as a class.

 
7.      Pecuniary jurisdiction of Commissions District: Up to Rs 20 lakh;

State: Between Rs 20 lakh and up to Rs one crore;

National:  Above Rs one crore.

 District Commission –Up to Rs1 crore

State Commission- Between  Rs1 crore and Rs 10 crore

National Commission –Above Rs.10 crore
8.      Composition of Commissions District: Headed by current or former District Judge and two members.

State:  Headed by a current or former High Court Judge and at least two members.

National:  Headed by a current or former Supreme Court Judge and at least four members.

 District:  Headed by a president and at least two members.

State:  Headed by a president and at least four members.

National:  Headed by a president and at least four members.
9.      Appointment Selection Committee (comprising a judicial member and other officials) will recommend members on the Commissions. No provision for Selection Committee.  Central government will appoint through notification.
10.  Alternate dispute redressal mechanism No provision. Mediation cells will be attached to the District, State, and National Commissions.
11.  Penalties If a person does not comply with orders of the Commissions, he may face imprisonment between one month and three years or fine between Rs. 2,000 to Rs. 10,000, or both. If a person does not comply with orders of the Commissions, he may face imprisonment up to three years, or a fine not less than Rs 25,000 extendable to Rs one lakh, or both.
12.  E-commerce No provision. Defines direct selling, e-commerce and electronic service provider. The central government may prescribe rules for preventing unfair trade practices in e-commerce and direct selling.

 

ISSUES WITH THE BILL:

  1. The fundamental problem of protracted and complicated litigation remains unaddressed.
    • The bane of consumer forums constituted under the Consumer Protection Act of 1986 is unresolved. Instead, it provides an alternative to the consumer forums, in the form of mediation.
    • The Bill does provide for a regulator, but there is no proper focus on the duties of the regulator.
  1. Definition of Consumer is not clear
    • Even the definition of ‘consumer rights’ in the Bill is not simple and straight forward, so that consumers at least know what their entitlements are.
  1. Conflict of Interest
    • By not imposing judicial qualifications like in the Act of 1986 for members of the redressal body, the Bill indirectly allows the appointment of non-judicial members to the district/state and national commissions. Conflict of interest could arise when government nominees hear cases involving a government entity.

WAY FORWARD:

  1. Cases should be resolved in 90 days.
  2. Consumer education and proper awareness of building measures.
  3. Lessons to be learnt:- Several countries like Canada, Estonia have devised advertisement regulations for unhealthy foods targeted at children
  4. Countries such as the UK, Ireland and Belgium have specifically banned celebrity endorsement of unhealthy foods. The impact of such restrictions has been reported to be significant.
  5. However, certain issues such as the appointment of mediators to settle disputes are contentious as this would lead to arm-twisting of the weaker parties and may encourage corruption.
  6. The advertising code presently being followed by the Advertising Standards Council of India (ASCI) should be given legal backing. It recommended that a provision may be incorporated in the Bill to the effect that the misleading advertiser is compelled to issue a corrective advertisement.

India is likely to cross China’s population by 2024 and consumerism is growing fast. With the passage of the Consumer Protection Bill in Parliament, consumer rights are set to receive a massive boost. The new regulations put more responsibility on companies for misleading advertising and faulty products.

RAM JETHMALANI: THE CONNOISSEUR OF CRIMINAL LAW

By CL -
0
 

“A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct”

Ram Jethmalani, the man who was always on the defence side of the arguments table, but he knew how to win it. He was the patron saint of lost causes, the defender of the indefensible, and the enfant terrible of the legal profession. Ram Jethmalani, the doyen of criminal law, the nonagenarian lawyer passed away at the age of 95 years on 8th September 2019. Here is a look into his life and the most high-profile cases handled by him. 

The Born Rebel

Born in 1923, he obtained his law degree at an early age of 17 from Shahani law College in Karachi – Bombay University. A precocious talent, Jethmalani received double and triple promotions in school and ended up graduating at a very young age. 

The very first case that he argued was before the Sindh High Court, where as a teenager, he defended his right to practice as a lawyer. He made the Bar Council amend the rules and introduce an exception for him to apply under it. A resolution was then passed that he would be enrolled at the age of eighteen. 

The next big thing that he did made him famous as a “rookie” in the corridors of Bombay High Court. During the early 1940s, he was practising under AK Brohi, who went on to become the Minister of Law and Justice of Pakistan. On his advice, he left Sindh at the time of Partition and shifted to Bombay. At that time, the then CM of Maharashtra, Moraji Desai has passed a law called the Bombay Refugees Act to throw out people migrating from Pakistan. Jethmalani challenged the law in the Bombay High Court and won it. The High Court was abuzz with whispers about him. 

His Shot to Limelight – The Nanavati Case

Jethmalani shot to actual limelight with the K.M.Nanavati case. In that case, KM Nanavati, a Naval Commander, was tried for the charge of murdering Prem Ahuja, his wife’s lover. The case attracted much media attention then, with public sympathy titled towards Nanavati. Jethmalani was hired by Prem Ahuja’s sister to lead the legal team to help with the prosecution strategy. The case was tried before a jury, which ultimately went on to acquit Nanavati. 

The matter was referred to the High Court. In the Bombay High Court, he would work with YV Chandrachud who would go on to become the Chief Justice of India. The Bombay High Court reversed the verdict and held Nanavati guilty of murder. Jury trials were abolished after this case.

The Nanavati case gave Jethmalani a platform to stamp his mark on the legal profession. He would almost make it a habit to defend those that were already deemed guilty by the public. And while he charged astronomical fees during his heyday, he also did quite a few matters pro bono.

Emergency and the ADM Jabalpur Case

Jethmalani was a fierce critic of the Emergency imposed by the Indira Gandhi-led government in 1975. An arrest warrant was issued against him for speaking against the Emergency at a function organised by lawyers in Palghat district in Kerela but he was able to dodge arrest. He teamed up with advocates Shanti Bhushan, Anil Diwan etc. to challenge before the Supreme Court the detentions of several political leaders. He once in an interview mentioned a particular argument he made before the Bench headed by Chief Justice AN Ray. Also part of the Bench was now Justice YV Chandrachud.

“I remember making a particular argument taking the example of Ghana. The Chief Justice of that place helped the government draft a law. And when the law came into force, the Chief Justice was the first to be picked up. For two years, nobody heard of him. Then, there was a cryptic announcement that he died of natural causes.”

In his inimitable audacious style, he used this example to warn the Bench,

“That is a fate that awaits you, Mr Chief Justice. So, I am appearing for you too!”

Indira Gandhi Assassination Case

Jethmalani appeared for two persons who were accused as conspirators in the case – Balbir Singh and Kehar Singh. In an interview about his decision to defend persons who are despised in public forum, he stated, “I decide according to my conscience who to defend. A lawyer who refuses to defend a person on the grounds that people believe him to be guilty is himself guilty of professional misconduct”

Jethmalani was a person who wasn’t wary of the controversy. He went on to defend the convicts in the Rajiv Gandhi Assassination case, Harshad Mehta and Ketan Parekh in the 1990s stock market scam, SAR Geelani against his conviction by the trial court in the Parliament attack case, former Tamil Nadu CM Jayalalitha in disproportionate assets case, Lalu Prasad Yadav in the fodder scam case, Manu Sharma in the Jessica Lall case, Kanimozhi in 2G spectrum case, L K Advani in the Jain hawala case, Amit Shah in the Sohrabuddin encounter case, Asaram Bapu in the sexual assault case which gave him the title “The man who defended the wrong Bapu”, Delhi chief minister Arvind Kejriwal in the civil and criminal defamation suits filed by the late Arun Jaitley in 2015 where the former Union minister had sought Rs 10 crores in damages. 

He would also dabble in politics sporadically. He helped Prime Minister Narendra Modi come to power in the 2014 elections, but later on, became his biggest critic. He publicly criticised Modi for his policies. The fight against corruption and black money deposited in foreign banks became his life’s mission. He appeared as a petitioner before the Supreme Court in 2014 seeking a Court-monitored probe into the issue of black money stashed abroad. He told the Supreme Court that the government’s promise to bring back illegal money stashed abroad was “worse than an illusion” and a “fraud on the nation”. He even paid Rs. 13 lakhs to Indian Express for an ad asking the government 12 questions on the black money issue.

He retired from the legal profession in 2017 and attributed his resignation to a desire to “make things right”. “I have one goal only – to get rid of the corrupt government which I helped get power. Now I am feeling guilty and feel that I have to make things right. I am fighting a big battle against Modi and his crooked ministers.”

He was in true sense a maverick and one of the most illustrious exponents of the legal fraternity. Throughout a career spanning more than seven decades, he spoke his mind with unflinching courage, took up defence which no one would lay their hands on, he grew to be a lonely crusader against black money and corruption, and one of the strongest dissidents of the Bharatiya Janata Party.

75 NEW GOVERNMENT MEDICAL COLLEGES, 15700 MORE SEATS TO BE SET UP BY 2022

By CL -
0
 

Good news for students aiming for the medical entrance exams, Cabinet Committee on economic affairs on Wednesday approved setting up of 75 new medical colleges by 2020-21. What is will do is that there will be an increase of 15,700 in the number of medical seats within the next three years, with Centre spending Rs 24,375 crore on the institutes to ensure better health care facilities in the areas lacking them. The establishment of new medical colleges attached with existing district/referral hospitals, would lead to an increase in the availability of qualified health professionals, improve tertiary care in the government sector, utilize existing infrastructure of districts hospitals and promote affordable medical education in the country.

This is a major step forward to improve the healthcare facilities in the country with a great impact on the medical services aspirants. There are currently 70,978 MBBS seats in 529 colleges in India with the approval for increase in the number of seats; government is set to promote affordable medical education in India. It also plans to boost the availability of qualified medical practitioners, and utilize the infrastructure of the district hospitals for the same.

The establishment of new medical colleges will be done under phase three of the ongoing centrally sponsored scheme. New medical colleges will be set up in undeserved areas. Preference will be given to aspiring districts and district hospitals having 300 beds.

Focusing on the creation of healthcare infrastructure, the government had earlier approved 58 new medical colleges attached with existing district/referral hospitals. Of these, 39 medical colleges, which were to be built under phase-I, have started functioning, while 29 will be made functional by 2022. Under phase-II, 18 new medical colleges have been approved.

Domicile Certificate- Maharashtra

By CL -
0
 

Domicile certificate is a document that certifies a person’s residential status in a particular state. The certificate is used to avail various services provided by the Government such as admissions, job placements, and the likes of it. This article explains the procedure to obtain domicile certificate in the State of Maharashtra.

Eligibility

Any person from the State of Maharashtra could obtain this certificate, provided that he/she is a resident in the State for the last 15 years.

 

Documents Required

A person can avail domicile certificate by furnishing the following documents:

▪Certificate of age proof such as birth certificate, school certificate, etc.

▪Document portraying the address such as ration card or driving license.

▪Proof of residence.

▪Self-declaration form.

▪Two photographs of Voter ID/College or University ID.

▪Duly filled application form.

▪Proof of identity.

▪Photocopies of all documents duly attested by a government official.

▪An affidavit from tehsil or court.

 

Application Procedure

The following steps are the procedure to apply for domicile certificate:

Step 1: As is the case with any application procedure, the applicant needs to obtain an application form, either through online means or from the Sub-Divisional Magistrate’s office, Tehsildar’s office or District collector’s office.

Step 2: After obtaining the same, the applicant needs to fill the details requested in the form.

Step 3: The form, along with the essential documents (as have been specified above) must be attached with the application and the same must be submitted to the Setu Centre of Maharashtra.

After completing the above procedures, the applicant would receive the certificate within 30 days. The applicant is required to remit a fee of Rs.50 for the same. Once received, the Certificate would be valid for the entire lifetime of the recipient.

 

Contact Information

In case of any queries, the applicant may approach any of the following offices:

▪Sub-Divisional Magistrate’s office

▪Tehsildar’s office

▪District Collector’s office

IBPS Clerk Notification 2019 Released: 12075 Vacancies

By CL -
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Official Notification Download: Detailed_Advt_CRP_Clerks_IX

The official notification for IBPS (Institute of Banking Personnel Selection Probationary Officers Exam) Clerk 2019 has been released with 12075 vacancies. Administered and conducted by Institute of Banking Personnel Selection, IBPS exam, every year, hosts different level examination for major public sector banks for various posts like PO, Clerk, etc. based on vacancies. Candidates selected will be employed in various Public Sector Banks across the country. IBPS 2019 will be an online mode exam, and the link for the application of the exam is available on the official website www.ibps.in.

IBPS Clerk 2019 Eligibility Criteria

  • Candidates must have graduated in any discipline from a recognized University or any equivalent qualification recognized by the Central Government.
  • Candidate must have passed in English as one of the subjects at SSC/ HSC/Intermediate/ Graduation level.
  • Candidate must possess a certificate in proof of passing the qualifying examination.
  • Candidates must be able to read/ write and speak the Official Language of the State/UT for which vacancies he/she wishes to apply.
  • Candidates must be minimum 20 years of age and maximum 28 years of age.
  • Candidates belonging to SC/ST/OBC/EWS category will have age relaxation.

IBPS Clerk 2019 Exam Dates

Online Examination – Preliminary 07.12.2019, 08.12.2019, 14.12.2019 & 21.12.2019
Online Examination – Main 19.01.2020

IBPS Clerk 2019 Application Fees

  • SC/ST/PWD candidates: INR 100/-
  • Rest Candidates: INR 600/-

IBPS Clerk Vacancies 2019

Andaman & Nicobar 14
Andhra Pradesh 777
Arunachal Pradesh 11
Assam 189
Bihar 295
Chandigarh 64
Chattisgarh 174
Dadra & Nagar Haveli 4
Daman & Diu 2
Delhi 525
Goa 67
Gujarat 600
Haryana 328
Himachal Pradesh 129
Jammu & Kashmir 63
Jharkhand 141
Karnataka 953
Kerala 349
Lakshwadeep 1
Madhya Pradesh 440
Maharashtra 1257
Manipur 11
Meghalaya 7
Mizoram 9
Nagaland 11
Odisha 417
Puducherry 44
Punjab 634
Rajashthan 325
Sikkim 23
Tamil Nadu 1379
Telangana 612
Tripura 53
Uttar Pradesh 1203
Uttarakhand 117
West Bengal 847
TOTAL 12075

 

IBPS Clerk 2019 Exam Pattern

IBPS Clerk Examination will have two stages, i.e., Preliminary and Mains. Every question will carry 1 mark and every wrong answer will cost a negative marking of 0.25 marks. The final merit list will be based on the score obtained in the Main examination. Find the exam pattern below-

Preliminary Exam Pattern
Section Division No. of questions Mark

 

 Time Duration
English Language 30 30 20 minutes
Quantitative Aptitude 35 35 20 minutes
Reasoning Ability 35 35 20 minutes
Total 100 100 60 minutes
Mains Exam Pattern
Section Division No. of questions Mark

 

 Exam Medium Time Duration
General/ Financial Awareness 50 50 English & Hindi 35 minutes
English Language 40 40 English 35 minutes
Reasoning Ability & Computer Aptitude 50 60 English & Hindi 45 minutes
Quantitative Aptitude 50 50 English & Hindi 45 minutes

 
Total 190 200

 

 160 minutes

 

ARTICLE 370 and ARTICLE 35A

By CL -
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October 17, 1949 – Article 360A (now 370) was included in the Constitution by India’s Constituent Assembly. 

May 14, 1952 – Article 35A was added to the Constitution of India through a Presidential Order, the Constitution (Application to Jammu and Kashmir) Order, 1954, issued by the President of India under Article 370.

August 5, 2019 – President Ram Nath Kovind issued a constitutional order superseding the 1954 order, making all the provisions of the Indian constitution applicable to Jammu and Kashmir.

August 6, 2019 – Following the resolutions passed in both the houses of the Parliament, President Ram Nath Kovind issued a further order declaring all the clauses of Article 370 except Article 1 to be inoperative. 

 

Article 370 – History

Article 370 was drafted in Part XXI of the Constitution – Temporary, Transitional and Special Provisions. It is enshrined with Jammu and Kashmir’s exemption from the Indian Constitution (except Article 1 and Article 370 itself). Article 370 also permits the state to draft its own Constitution. It restricts the Parliament’s legislative powers in respect of Jammu and Kashmir.

 

  • Indian Independence Act 

The Indian Independence Act, 1947, divided British India into India and Pakistan. The act gave the option to the princely states to –

  • Remain an Independent country
  • Join Dominion of India
  • Join Dominion of Pakistan 

The joining to either of the two dominions was to be through an IoA (Instrument of Accession). The joining state had the right to specify the terms on which it agreed to join. IoA (Instrument of Accession) signed between two sovereign entities plays as a treaty between two countries as means to harmonize together. And such treaties are governed by the maxim pacta sunt servanda which in International Law means ‘promises must be honored and if there is a breach of contract, the parties must be restored to their original position’. 

  • Accession of Kashmir

During the Independence era, Maharaja Hari Singh was the ruler of Jammu and Kashmir. Raja Hari Singh had initially decided to remain independent and sign standstill agreements with both the nations and Pakistan had agreed to sign the agreement. But Afridi Tribesmen and Pakistan Army regulars invaded the state in plainclothes and Raja Hari Singh had to take the help of India. India agreed to do so in turn for the accession of Kashmir to India. After this, Hari Singh signed the Instrument of Accession on October 26, 1947, and Governor-General Lord Mountbatten accepted it on October 27, 1947.

India’s policy as to the accession was that all disputes on accession should be settled democratically and not by a ruler. This was in concurrence with the opinion of Lord Mountbatten who had stated that the question of State’s accession must be settled by a reference to the people and the same should be done as soon as law and order have been restored in Kashmir. As per Government’s White Paper on Jammu and Kashmir in 1948, the accession was purely temporary and provisional.

  • Instrument of Accession for Kashmir

The IoA for Kashmir was signed by Maharaja Hari Singh which gave the parliament the power to legislate in respect of Jammu and Kashmir only on Defence, External Affairs and Communications. Under Clause 5 of the instrument, Raja Hari Singh explicitly mentioned that the terms of “my Instrument of Accession cannot be varied by any amendment of the Act or of Indian Independence Act unless such amendment is accepted by me by an Instrument supplementary to this Instrument”. Clause 7 said, “nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution”.

  • Enactment of Article 370

Article 370 was a constitutional recognition of the conditions mentioned in the Instrument of Accession, and reflected the contractual rights and obligations of the two parties. The original draft was given by the Government of Jammu and Kashmir. Following modification and negotiations, Article 306A (now 370) was passed in the Constituent Assembly on May 27, 1949.

 

Article 370 – The Basics

As stated earlier the IoA declared that the State could not be compelled to accept any future Constitution of India. The State was within its rights to draft its own Constitution and to decide for itself what additional powers to extend to the Central Government. Article 370 was designed to protect those rights. According to the constitutional scholar A.G. Noorani, Article 370 records a ‘solemn compact’. Neither India nor the State can unilaterally amend or abrogate the Article except under the terms of the Article.

Article 370 embodied six special provisions for Jammu and Kashmir – 

  • It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.
  • Central legislative powers over the State were limited, at the time of the framing, to the three subjects of defense, foreign affairs, and communications.
  • Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.
  • The ‘concurrence’ was only provisional. It had to be ratified by the State’s Constituent Assembly.
  • The State Government’s authority to give ‘concurrence’ lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalized the scheme of powers and dispersed, no further extension of powers was possible.
  • Article 370 could be abrogated or amended only upon the recommendation of the State’s Constituent Assembly.

Once the State’s Constitutional Assembly convened on 31 October 1951, the State Government’s power to give concurrence lapsed. After the Constituent Assembly dispersed on 17 November 1956, the only authority provided to extend more powers to the Central Government or to accept Central institutions vanished.

  • Temporary or Permanent?

Part XXI of the Constitution titled “Temporary, Transitional and Special Provisions” contains Article 370. It was considered temporary in the sense that Constituent Assembly of Jammu and Kashmir was given the right to modify/delete/retain it. The Constituent Assembly of Kashmir decided in its wisdom to retain it. Even the courts have decided on the issue on many occasions. 

  • In Sampat Prakash (1968), the apex court decided that Article 370 could be invoked even after the dissolution of the Constituent Assembly of Jammu and Kashmir. “Article 370 has never ceased to be operative,” the five-judge Bench said.
  • The Supreme Court in SBI v Zaffar Ullah Nehru(2016) observed that the federal structure of the Constitution is reflected in Part XXI. The court also said that Jammu and Kashmir has a special status and that Article 370 was not temporary. The court referred to Article 369 of Part XXI that specifically mentions five years; no time limit is mentioned in Article 370. The court observed that Article 370 cannot be repealed without the concurrence of the Constituent Assembly of Jammu and Kashmir.
  • In Santosh Kumar (2017), the apex court said that due to historical reasons, Jammu and Kashmir had a special status.
  • InKumari Vijayalakshmi Jha vs Union of India (2017), Delhi High Court rejected a petition that argued that Article 370 was temporary and that its continuation was a fraud on the Constitution. 
  • In April 2018, the Supreme Court said that notwithstanding the word “temporary” in the headnote, Article 370 was not temporary.

  • Removal of 370

The question which arises next is that if Article 370 is temporary, then can it be deleted? Originally, Article 370 can be deleted by a Presidential Order. But such an order has to be preceded by the concurrence of Jammu and Kashmir’s Constituent Assembly. As stated earlier, the constituent assembly was dissolved on January 26, 1957. Therefore, the general conclusion would be that it cannot be deleted anymore. But there is another viewpoint that it can be deleted through the concurrence of the state assembly. 

  • Significance of 370

Article 1 of the Constitution of India defines the territory of India which includes Jammu and Kashmir in the list of states. Now, Articles 370 states that Article 1 applies to Jammu and Kashmir. In this sense, Article 370 could be described as a channel through which the Constitution of India is applied to Jammu and Kashmir. India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to Jammu and Kashmir. This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of Jammu and Kashmir’s special status. By the 1954 order, almost the entire Constitution was extended to Jammu and Kashmir including most Constitutional amendments. Ninety-four of 97 entries in the Union List apply to Jammu and Kashmir; 26 out of 47 items of the Concurrent List have been extended; 260 of 395 Articles have been extended to the state, besides 7 of 12 Schedules.

The Centre has used Article 370 even to amend several provisions of Jammu and Kashmir’s Constitution, though that power was not given to the President under Article 370. Article 356 was extended through a similar provision that was already in Article 92 of the Jammu and Kashmir Constitution, which required that President’s Rule, could be ordered only with the concurrence of the President. To change provisions for the Governor being elected by the Assembly, Article 370 was used to convert it into a nominee of the President. To extend President’s rule beyond one year in Punjab, the government needed the 59th, 64th, 67th, and 68th Constitutional Amendments, but achieved the same result in Jammu and Kashmir just by invoking Article 370. Again, Article 249 (power of Parliament to make laws on State List entries) was extended to Jammu and Kashmir without a resolution by the Assembly and just by a recommendation of the Governor. In certain ways, Article 370 reduces Jammu and Kashmir’s powers in comparison to other states. It is more useful for India today than to Jammu and Kashmir.

Article 3 of the Jammu and Kashmir Constitution declares Jammu and Kashmir to be an integral part of India. In the Preamble to the Constitution, not only is there no claim to sovereignty, but there is categorical acknowledgment about the object of the Jammu and Kashmir Constitution being “to further define the existing relationship of the state with the Union of India as its integral part thereof. Moreover, people of the state are referred to as ‘permanent residents’ not ‘citizens’.

 

Article 35A – Basics

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India on 14 May 1954, under Article 370. The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and immovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and health care. Non-permanent residents of the state, even if they are Indian citizens, were not entitled to these ‘privileges’.

 

The scrapping of Article 370 and 35A

The special status enjoyed by Jammu and Kashmir under the Constitution of India was removed on August 5, 2019. President Ram Nath Kovind issued The Constitution (Application to Jammu and Kashmir) Order, 2019 for the same. The Presidential Order has extended all provisions of the Indian Constitution to Jammu and Kashmir. It has also ordered that references to the Sadr-i-Riyasat of Jammu and Kashmir shall be construed as references to the Governor of the state, and references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers.

The Presidential Order has extended all provisions of the Constitution to Jammu and Kashmir, including the chapter on Fundamental Rights. Therefore, the discriminatory provisions under Article 35A are now unconstitutional. The President may also withdraw Article 35A. This provision is currently under challenge in the Supreme Court.

The Jammu and Kashmir Reorganisation Bill, 2019 was passed in the parliament. In effect, the state of Jammu and Kashmir will now cease to exist; it will be replaced by two new Union Territories: Jammu and Kashmir, and Ladakh. UTs have become states earlier; this is the first time that a state has been converted into a UT. The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.

 

Not only has Jammu and Kashmir lost its special status, but it has also been given a status lower than that of other states. Instead of 29, India will now have 28 states. Kashmir will no longer have a Governor, rather a Lieutenant Governor like in Delhi or Puducherry.

It is also likely that corporates and individuals will be able to buy land in Jammu and Kashmir. Non-Kashmiris might now get jobs in Kashmir. A process of demographic change might begin, and progress over the coming decades.

 

AUDI ALTERAM PARTEM

By CL -
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Justice cannot prevail if there is no equality. Equality is one of the pillars on which the entire legal system is based. Under the Indian Constitution, the principles of natural justice can be traced under Article 14 and Article 21.

Article 14 enshrines that every person should be treated equally. Article 21 was defined in the case of Maneka Gandhi vs. The Union of India. In this case, it was held that the law and procedure must be fair, just, and reasonable. The principle of natural justice comes into force when no prejudice is caused to anyone in any administrative action. The principle of Audi Alteram Partem is the primary notion of the principle of natural justice. This doctrine states that no one shall be condemned unheard. This ensures a fair hearing and fair justice to both the parties. Under this doctrine, both parties have the right to speak. No decision can be declared without hearing both the parties. This principle aims to allow both parties to defend themselves.

Audi alteram partem is from a Latin phrase “audiatur et altera pars”. It means ‘hear the other side’, or ‘no man should be condemned unheard’ or ‘both the sides must be heard before passing any order’. The motive of this maxim is to provide an opportunity for other parties to respond to the evidence against him.

This maxim has been applied to ensure fair play and justice to the person who is affected. It is mainly applicable in the field of administrative action. The procedure which is adopted should be just and fair. The person should be given an opportunity so that he can defend himself before the court of law. The principle of hearing is a code of procedure and thus covers every stage through which an administrative jurisdiction passes that is from notice to final determination.

Essential Elements of Maxim

The general elements of the maxim are –

  1.    Notice

If an order is passed without giving notice then it is against the principle of natural justice and is void ab initio which means void from the beginning. Before any action is taken against any person, a notice must be served to them to give him a chance to show cause. Before taking any action, it is the right of the person to know the facts. Without knowing the facts of the case, no one can defend himself.

The notice must contain the date, time, place of the hearing, and also the jurisdiction under which a case is filed. It must also contain the charges proposed against the person. If any of the things are missing in the notice then the notice will be considered invalid. Non-issuance of notice does not affect the jurisdiction but affects the rules of natural justice.

In the case of Keshav Mills Co. Ltd. v. Union of India, it was held that the notice which is given to the parties should be clear and unambiguous. If it is ambiguous and it is not clear then the notice will not be considered as reasonable and proper.

  1.    Hearing

The second ingredient of audi alteram partam (hear the other side) rule is the rule of hearing. If the order is passed by the authority without providing a reasonable opportunity of being heard to the person affected by it adversely will be invalid and must be set aside as was held in the case of Harbans Lal v Commissioner, National Co-operative Bank v. Ajay Kumar and Fateh Singh v State of Rajasthan.

  1.    Evidence

Evidence is considered as one of the most important parts which are brought before the court when both the parties are present there and the judicial or quasi-judicial authority will act upon the evidence which is produced before the court.

  1.    Cross-Examination

The adjudicating authority in a fair hearing is not required only to disclose the person concerned with the evidence or material to be taken against him, but he should be provided an opportunity to rebut the evidence or material.

  1.    Legal Representation

An important question is whether the right to be heard includes right to legal representation? Fairly speaking, the representation through a lawyer in the administrative adjudication is not considered as an indispensable part of the fair hearing. But, in certain situations, if the right to legal representation is denied, then it amounts to a violation of natural justice. Thus where the case involves the question of law as in the case of J.J. Mody v. the State of Bombay and another case of Krishna Chandra v. Union of India, where it was held that the denial of legal representation will amount to a violation of natural justice because in such conditions the party may not be able to understand the question of law effectively and, therefore, he should be given an opportunity of being heard fairly.

Exceptions to Audi Ateram Partem

The word exception in the context of natural justice is really a misnomer, but in the below mentioned exclusionary cases, the rule of Audi Alteram Partem is held inapplicable not by way of an exception to “fair play in action”, but because nothing unfair can be inferred by not affording an opportunity to present or meet a case. But such situations where nothing unfair can be inferred by not affording a fair hearing must be few and exceptional in every civilized society.

There can be an exception in cases where the statute itself excludes it (statutory exception) or in cases where a legislative function is involved, or due to the impracticability of application of the principle, or due to an inter-disciplinary action.

The principle of natural justice has evolved through civilization. It has not evolved from the constitution but from mankind itself. Every person has the right to speak and be heard when allegations are being put towards him or her. The Latin maxim, ‘Audi Alteram Partem’ is the principle of natural justice where every person gets a chance of being heard. The meaning of the maxim itself says no person shall be condemned unheard. Hence, no case or judgment can be decided without listening to the point of another party. There are many cases where this principle of natural justice is excluded, and no option is given to the party to speak. Natural justice means that justice should be given to both the parties in a just, fair and reasonable manner. Before the court, both the parties are equal and have an equal opportunity to represent them.

TRIPLE TALAQ – WHAT YOU NEED TO KNOW

By CL -
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“What is sinful under religion cannot be valid under the law”

 

  – Supreme Court

 

Triple Talaq or talaq-e-biddat or talaq-e-mughallazah is the practice under which a Muslim man can divorce his wife by uttering “talaq” three times. Talaq-e-biddat means instant divorce and talaq-e-mughallazah means irrevocable divorce. Triple Talaq is a form of Islamic divorce which is used by Muslims in India, majorly by adherents of Hanafi Sunni Islamic schools of Jurisprudence. It allows any Muslim man to legally divorce his wife by uttering the word “talaq” (the Arabic word for “divorce”) three times in oral, written or, more recently, electronic form.

With the advent of technology, the concept of triple talaq has become easier to execute. There were several cases reported about husbands sending messages or voice notes or even pictures over Snapchat to utter talaq and divorce their wives. The right of such a divorce was without any reasonable grounds, and was vested only with the husband which made the wives silent victims.

Triple Talaq under Islamic Law

Mode of Divorce – Triple talaq is the practice in Islam under which a Muslim man could legally divorce his wife by pronouncing “talaq” three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media and the same could be done on his whimsy.

Revocability of Divorce – Under this system, it was not necessary or required of him to cite any reason for divorcing his wife. The revocability or irrevocability of divorce was decided based on the period of iddat where it was ascertained whether the wife is pregnant or not.

Waiting Period – In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting.

NikahHalala – While the practice of triple talaq was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called NikahHalala. Until she remarried, she retained the custody of male toddlers and prepubescent female children. Beyond those restrictions, the children came under the guardianship of the father.

Triple talaq is not mentioned in the Quran. It is also largely disapproved by Muslim legal scholars. Many Islamic nations have barred the practice, including Pakistan and Bangladesh, although it is technically legal in Sunni Islamic jurisprudence. Triple talaq, in Islamic law, is based upon the belief that the husband has the right to reject or dismiss his wife with good grounds.

In traditional Islamic jurisprudence, triple talaq is considered to be a particularly disapproved, but legally valid, form of divorce. Changing social conditions around the world have led to increasing dissatisfaction with traditional Islamic law of divorce since the early 20th century and various reforms have been undertaken in different countries.

 

The Shayara Bano Case

It is “manifestly arbitrary” to allow a man to “break down (a) marriage whimsically and capriciously”.

Shyara Bano, 35-year-old women from Uttarakhand was married to Rizwan Ahmad for 15 years until he gave her triple talaq in October 2015 after which she approached the Supreme Court in 2016. Shayara asked the Supreme Court to declare talaq-e-bidat, polygamy and nikah halala illegal and unconstitutional on the grounds that they violate the rights guaranteed by the Constitution under Articles 14(equality before law), 15(non-discrimination), 21(right to life with dignity) and 25(right to freedom of conscience and religion) of the Indian Consitution.

The case was called Shayara Bano v. Union of India & Others. The bench that heard the controversial triple talaq case in 2017 was made up of multi-faith members. The five judges from five different communities are Chief Justice JS Khehar (a Sikh), and Justices Kurian Joseph (a Christian), RF Nariman (a Parsi), UU Lalit (a Hindu) and Abdul Nazeer (a Muslim).

The Supreme Court examined whether Triple talaq has the protection of the constitution—if this practice is safeguarded by Article 25(1) in the constitution that guarantees all the fundamental right to “profess, practice and propagate religion”. The Court wanted to establish whether or not triple talaq is an essential feature of Islamic belief and practice.

In a 397-page ruling, though two judges upheld the validity of instant triple talaq (talaq-e-biddat), the three other judges held that it was unconstitutional, thus barring the practice by a 3–2 majority. One judge argued that instant triple talaq violated Islamic law. The Hon’ble Supreme Court by majority decision held that merely because a practice has continued for long, it cannot remain valid if it has been expressly declared to be impermissible. Triple Talaq is not a part of religious practice and is not even in Quran. Article 25(2) says that if any of the religious practice violates the fundamental rights then it can be struck down by the Supreme Court.

The same thing has happened with the triple talaq and Supreme Court has held that the practice of triple talaq is derogatory and is a violation to Article 14 of the constitution as it is at pure discretion of male Muslim and removes any possibility of reconciliation between the parties.

“Triple talaq” is not integral to religious practice and violates constitutional morality”

The bench asked the central government to promulgate legislation within six months to govern marriage and divorce in the Muslim community. The court said that until the government formulates a law regarding instant triple talaq, there would be an injunction against husbands pronouncing instant triple talaq on their wives.

 

The Muslim Women (Protection of Rights on Marriage) Act, 2019

Following the verdict by the Supreme Court in 2017 in Shayara Bano case, the Loksabha tabled the triple talaq bill in December that sought to criminalize the act of pronouncing divorce thrice. The Muslim Women (Protection of Rights of Marriage) Bill, 2017, made instant triple talaq illegal and void and awarding a jail term of up to three years to the husband.

Calling it a historic step, Union Law Minister Ravi Shankar Prasad said the Bill “The Muslim Women (Protection of Rights on Marriage) Bill 2017 — can act as a deterrent since there are one hundred cases of triple talaq even after the landmark judgment of the Supreme Court delivered in August last year.” He further added that “whereas twenty-two Islamic countries, together with Pakistan and East Pakistan, had regulated instant triple talaq, there was no effective law in the Asian country.”

Triple talaq bill sought to criminalize the act of divorcing by pronouncing “talaq” thrice in an instance. The bill made it a non-bailable offense with imprisonment up to 3 years. The draft bill said, “Any pronouncement of talaq by a person upon his wife, by words, either spoken or written or in electronic form or any other manner whatsoever, shall be void and illegal”. In addition to this, the bill provided for maintenance by the Muslim man to his wife and custody of minor children to the woman.

The bill was passed by Lok Sabha on 25 July 2019 and then by Rajya Sabha on 30 July 2019. The bill then received assent from the president of India Ram Nath Kovind, on 31st July 2019, which entitles an aggrieved woman to demand maintenance for her dependent children. It was subsequently notified as law in the Official Gazette on 31st July 2019. This law will be retrospectively effective from 19th September 2018.

 

The salient provisions of the act are –

  • All declarations of instant triple talaq, including in written or electronic form, will be void (i.e. not enforceable in law) and illegal.
  • Instant triple talaq remains a cognizable offense with a maximum of three years imprisonment and a fine. The amount of any fine is at the discretion of the magistrate hearing the case.
  • The offense will be cognizable only if information relating to the offence is given by the wife or one of her blood relatives.
  • The offence is non-bailable. However, there is a provision that the magistrate hearing the case may grant bail to the accused. The bail may be granted only after hearing the wife and if the magistrate is satisfied that there exist reasonable grounds for granting bail.
  • The wife is entitled to a subsistence allowance. The amount is to be decided by the magistrate.
  • The wife is entitled to seek custody of her minor children from the marriage. The manner of custody will be determined by the magistrate.
  • The offense may be compounded (i.e. legal proceedings halted) by the magistrate upon the request of the woman against whom talaq has been declared.

 

This law is currently under challenge in the Supreme Court and the Delhi High Court. The petition in the apex court was moved by a Kerala-based Muslim organization, while the one in the Delhi High Court was filed by an advocate – both alleging that The Muslim Women (Protection of Rights on Marriage) Act, 2019 violates the fundamental rights of Muslim husbands.

New age careers in Technology

By CL -
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As technology is advancing day by day, various new technologies are coming up with which we must get ourselves updated. However, these budding technologies are also creating room for new job opportunities. So the best part of the emerging technology is that now a great part of it is being used in solving the real-world problems. So many innovations in technologies have led to the opening of ample of career option in computer science. Below are some of the most sought after career opportunities in Computer Science:

 

Cloud computing

Cloud computing helps us store, manage, protect our data and files and allows access to a shared collection of configurable system resources and higher-level services that can be readily supplied over the internet. Example-Netflix manages its large customer base with the help of AWS (Amazon Web Services).

Minimum Educational Qualification is B. Tech in Computer Science and additional Certificate courses like AWS (Amazon Web Services), Google Certified Professional Cloud Architect, etc.

 

Statistical Analysis & Data Science

 

Data Science is an integrated field where scientific methods, algorithms, and systems to extract knowledge from data in various organized and unorganized form is used. A Data Scientist is responsible for evaluating and analysing a large amount of data to improvise the business systems. The skills necessary to pursue a career in the same is knowledge of statistics and applied maths and problem-solving skills. So, to start a career in this, one has to make a career in statistics and maths which are offered by institutes like ISI Kolkata/Bangalore, Chennai Mathematical Institute, St. Stephen College.

 

Artificial Intelligence (AI)

Artificial Intelligence is the intelligence demonstrated by the machines which to contract to the natural intelligence exhibited by humans. It is the ability adopted by machines to learn and process, predict actions, and maximize the chance of a successful completion of tasks. Machine learning, natural language processing, deep learning, and neutral learning are a subset of AI.

 

Machine Learning

Machine Learning (ML) is the subdivision of Artificial Intelligence(AI) which uses the statistical technique to make the computer learn without being explicitly programmed. A machine learning to supposed to write ML algorithms for the machine to be able to understand and interpret the system. Example – Voice recognition Systems such as Siri or Cortana explicitly use ML technologies to respond to human interaction. So for ML, you need to have basics of python and knowledge of its basic libraries like pandas, NumPy, matplotlib and various algorithms associated. There are online courses available in coursera, udemy, etc.

 

Ethical hacking and Cyber Security

Ethical hacking is emerging as one of the most important careers in the field of sciences. People are realizing the need for cyber security with the growing threats to confidential information by a malicious hacker. The job of an ethical hacker is to detect the flaws like vulnerable hardware, software and procedural security. The ethical hacker should be proficient in languages like JAVA, Python, etc. with relevant certificates.

A degree in Computer Science, information technology or computer application also helps kick-start the career as an ethical hacker.

 

Augmented Reality and Virtual Reality – AR and VR

Augmented Reality (AR) adds digital elements to live view often by using a camera or a smartphone. Examples of AR are the game Pokémon Go. Virtual Reality implies a complete immersion experience that shuts out the physical world. Using devices like Google Cardboard, Oculus Rift, etc., the person can be transported to imagined environments. Skills required are one should be expertise in much different gaming languages like Unity which uses C# and Unreal Engine.

 

Block chain/Cryptocurrency

Blockchain is the bunch of transactions called blocks that are linked and secured using cryptocurrency use of which reduces a lot of work and cost expenses. ‘Blocks’ on the blockchain are made up of a digital piece of information. The application of blockchain is to create a type of universal record with a timestamp, a library that enables data recovery across the database. The minimum qualification is to have basics in the field of software engineering with proficient knowledge in data structures including Stack, Queue, Linked list, HashMaps, and other certification courses.

 

IoT – Internet of things

The internet of things, or IoT, is a system of interrelated computing devices and digital machines or objects that are provided with unique identifiers ( UIDs ) and the ability to transfer data over a network. Example- A home automation system will control lighting, temperature, and appliances. When connected with internet home devices forms an important constituent of IoT. The basic requirement for becoming an IoT engineer is the basic computer science degree with a deep understanding of hardware. Knowledge of microcontrollers like Raspberry Pi, Arduino, etc., along with programming languages like C++, C, Python, Node JS is required.

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