Latest Law News | Top Law News Headlines Today | Today India news | Breaking Law News Today | English Law News Headlines - TheDailyGuardian

Kolkata horror redux: Law student ‘gang-raped’ on campus

June 28, 2025, 12:55 am

A first-year student of a law college in south Kolkata was allegedly “gang-raped” in- side the institution by an alumnus and two senior students of the institution. All three accused have been ar- rested and produced before a court which remanded them to police custody for four days. This incident comes less than one year after the State was rocked by months of protests over the gang-rape and murder of a trainee doctor in a State-run RG Kar Medical College and Hospital.

The main accused Manojit Mishra is a former office- bearer of the Trinamool Congress’ student wing, Trinamool Chhatra Pari- shad (TMCP) at South Calcutta Law College. He had graduated from the college in 2022 but remained a regular visitor to the campus. He is now a practising lawyer in the Alipore court. Apart from that, he was also appointed to a temporary post in the college on the recommendation of the college’s governing body which is filled with Trin- amool leaders.

The law student was allegedly raped on Wednesday between 7.30 pm and 8.50pm. The arrests were carried out on Thursday night. Bengal TMCP president Trinankur Bhattacharya said that the police will take action irrespective of the political colour of the accused. “The main accused had called the victim to the campus on Wednesday evening. On her arrival, the main accused and his accomplices took her to a room where she was raped,” said a police officer. Despite the victim naming her tormentors in the FIR, the Kasba police station officers referred to as the accused “M”, accused “J” and accused “P.” “Around 6pm, the main accused had first accosted her, the complainant said. She claims she was assured of being made the general secretary of the college union if she agreed to his demands,” said an officer.

The student was allegedly told that she would have to give a “loyalty test”. The exact nature of the test was not specified. A little later, the student told the police, the main accused gave a proposal of marriage. “The student refused, saying she was already in a relationship. Later on, when she tried to leave the college, she was stopped by the main accused and two others,” said the officer. The student was taken to a room where she was allegedly assaulted. Hearing her cries, the security guard at the college had come to the room and was beaten. The vice-principal told the media that the college had only one sanctioned guard.

The three accused then took the student to another room where the main accused raped her while the remaining two accused kept guard. In her complaint, the victim also said the accused hit her with a hockey stick and threatened to kill her boyfriend if she reported the assault.

The vice-principal of the college told media persons that on the direction of the governing body of the college, which is headed by Trinamool MLA Ashok Deb, the main accused has been working at the college as a temporary staff for the last six-seven months. “His employment is renewed every 45 days,” said the viceprincipal of the college. “These employments are made on the recommendations of the governing body.” The other two accused, who are students of the college, were arrested from a park near Talbagan crossing after a complaint was filed.

After interrogating the two, the main accused was also arrested. The mobile phones of all the three have been seized and sent for forensic examination. “We have arrested all the accused. The main accused is the ex-student, and the two others were there. Investigation is on whether the other two were also involved,” said a police officer. All the three were produced in a city court today and remanded to police custody for four days. The victim was taken to the Calcutta National Medical College and Hospital for medical examination.

A forensic team visited the scene of crime. The National Commission for Women, taking suo motu cognizance of the crime, has asked the Kolkata Police commissioner to submit a report within three days.

Kim Kardashian Completes Law Apprenticeship, Moves Closer to Becoming a Lawyer

May 24, 2025, 6:04 pm

Kim Kardashian has reportedly completed her law internship after 6 years, which takes her further into the journey to become a lawyer, as she announced on Instagram on Wednesday with a celebration video with her children and her sister Khloe Kardashian. The announcement has received a mixed reaction from the people on social media. “I finally graduated law school after six years!!!” she wrote over a video of her putting on a graduation cap on stage

Has Not Graduated Law School

To clarify, Kim Kardashian has not graduated from law school, and she can not practice law yet. She has cleared the ‘baby bar’ exam, designed for people pursuing law through unconventional methods, and the Multistate Professional Responsibility Exam (MPRE). She has completed California’s Law Office Study Program, which allows individuals to skip law school and work under a supervising attorney at a law office. She posted on X saying: “OMFGGGG I PASSED THE BABY BAR EXAM!!!! Looking in the mirror, I am really proud of the woman looking back today in the reflection. For anyone who doesn’t know my law school journey, know this wasn’t easy or handed to me.”

Inspired By Father’s Legacy

In 2019, Kim Kardashian mentioned her interest in becoming a lawyer, following in the footsteps of her late father, noted lawyer Robert Kardashian Sr. While she has yet to take the formal bar exam, Kim has been involved in the legal profession, especially criminal justice reform, and she has recently joined teams of lawyers and organizations to advocate for and work to obtain sentence reductions/commutations from prisons for a few prisoners. Moreover, Kim has received a lot of media attention and praise for helping to remove incarcerated individuals from perilous or consequential situations, showing she is increasingly committed to serving others through social justice and legal advocacy.

Nonetheless, Kim’s feat is highly impressive as she continues to manage long hours of studies, her family, and her businesses while appearing on the hit reality TV show around her family called ‘Keeping Up With The Kardashians.’

HEARTS Act Signed into Law to Protect Students from Cardiac Arrest

December 27, 2024, 12:59 pm

The HEARTS Act, a significant legislative measure aimed at protecting students from the dangers of sudden cardiac arrest, was signed into law with a clear mission: to ensure that young individuals, particularly in educational settings, are provided with the tools and knowledge needed to respond to cardiac emergencies effectively. Sudden cardiac arrest (SCA) is one of the leading causes of death in young people, often occurring without warning and posing a significant challenge to those around the victim, especially in schools, sports events, and other youth activities. This legislation focuses on enhancing awareness, education, and preparedness to save lives when every second counts.

The Growing Concern: Sudden Cardiac Arrest in Youth

Sudden cardiac arrest is a medical emergency in which the heart unexpectedly stops beating. It can happen to anyone, regardless of age or health status, but it is particularly concerning in young individuals, often striking seemingly healthy children and adolescents. According to the American Heart Association, approximately 7,000 young individuals experience sudden cardiac arrest each year in the United States. The majority of these incidents occur during physical activities, such as sports, which is why schools, coaches, and athletic staff must be well-prepared to respond quickly and appropriately.

Key Provisions of the HEARTS Act

The HEARTS Act—an acronym for Helping Ensure Appropriate Response to Sudden Cardiac Arrest in Students—is designed to address the problem of sudden cardiac arrest in youth through several key provisions. The law focuses on improving awareness, creating guidelines for educational institutions, and ensuring access to life-saving equipment.

1. Mandatory CPR and AED Training

One of the most critical components of the HEARTS Act is its mandate for comprehensive training on CPR (cardiopulmonary resuscitation) and the use of AEDs (automated external defibrillators) for teachers, coaches, and other staff members in schools. The law requires that these individuals be trained in basic life-saving techniques to help them respond effectively in an emergency. In many cases, immediate action—such as performing CPR or using an AED—can mean the difference between life and death.

2. Access to Automated External Defibrillators (AEDs)

The HEARTS Act ensures that every school has access to an AED. These devices are designed to administer a shock to the heart in the event of cardiac arrest, potentially restoring a normal heart rhythm. The law requires that schools not only have AEDs available on-site but also ensure that they are strategically placed and easily accessible. In addition, schools must ensure that staff members are trained to operate the devices effectively.

3. Creation of Sudden Cardiac Arrest Awareness Programs

The HEARTS Act includes provisions for the development and implementation of educational programs that raise awareness about sudden cardiac arrest. These programs are aimed at students, parents, and school staff to help them recognize the signs and symptoms of cardiac arrest and understand how to respond. Educating both young people and adults on the importance of recognizing cardiac emergencies is critical to ensuring quick action when needed.

4. Screening and Identification of At-Risk Students

In order to address the root causes of sudden cardiac arrest in young people, the HEARTS Act encourages schools to implement screening programs to identify students who may be at risk due to pre-existing heart conditions. The law recommends that schools collaborate with healthcare providers to offer regular screenings for heart conditions that can increase the risk of sudden cardiac arrest, such as arrhythmias, hypertrophic cardiomyopathy, and long QT syndrome.

5. Improved Emergency Response Plans

The HEARTS Act mandates that schools develop and implement clear emergency response plans for sudden cardiac arrest. These plans must outline the steps to take in the event of a cardiac emergency, including how to summon help, how to use the AED, and who is responsible for administering CPR. The law also stresses the importance of conducting regular drills to ensure that staff members are familiar with the procedure and can respond confidently and efficiently.

The Importance of Early Intervention

The most critical factor in surviving sudden cardiac arrest is the speed of the response. Research has shown that when CPR is administered immediately, the chances of survival increase significantly. The use of an AED within the first few minutes of a cardiac arrest can also dramatically improve the odds of survival. Studies suggest that early defibrillation can increase the survival rate by up to 75%. The HEARTS Act aims to reduce the time it takes to provide these life-saving interventions by ensuring that schools are well-equipped and well-trained to respond promptly.

Addressing the Risk in Schools

High school and college athletes are particularly vulnerable to sudden cardiac arrest due to the physical stress placed on their bodies during intense training and competition. In fact, a large percentage of sudden cardiac arrest cases in young people occur during or after physical exertion. For this reason, the HEARTS Act places particular emphasis on the role of sports coaches and athletic trainers in recognizing the early warning signs of cardiac distress and taking immediate action.

Through the HEARTS Act, schools are encouraged to implement comprehensive pre-participation physical evaluations (PPEs) for student athletes, including screening for cardiac conditions that could increase the risk of sudden cardiac arrest. These evaluations could include electrocardiograms (ECGs), which can help identify potential issues such as arrhythmias or heart abnormalities that might otherwise go undetected.

The Impact on Schools and Communities

The HEARTS Act has far-reaching implications not only for schools but also for communities as a whole. By raising awareness about sudden cardiac arrest, ensuring the availability of life-saving equipment, and providing proper training, the law helps foster a culture of preparedness. It ensures that educators, coaches, and students alike are empowered to take action in the event of a cardiac emergency. This proactive approach can save countless lives and provide reassurance to parents, knowing that schools are prepared to handle such emergencies effectively.

Moreover, the law acknowledges the importance of collaboration between schools, healthcare providers, and local emergency responders. Effective partnerships between these entities are essential to ensuring a coordinated and efficient response when sudden cardiac arrest occurs. The HEARTS Act encourages schools to work closely with local hospitals, emergency medical services, and other healthcare professionals to develop comprehensive response plans that integrate resources from all sectors.

The Legacy of the HEARTS Act

The signing of the HEARTS Act into law is a testament to the importance of protecting the health and safety of students. It represents a major step forward in the fight against sudden cardiac arrest and highlights the need for a multi-faceted approach to health and wellness in schools. With proper training, education, and resources, the risks associated with sudden cardiac arrest can be minimized, and the chances of survival can be greatly improved.

The HEARTS Act also serves as a reminder that sudden cardiac arrest does not discriminate based on age, physical fitness, or lifestyle. It can strike anyone, anywhere, and at any time. However, by equipping schools with the tools and knowledge needed to respond swiftly and effectively, the HEARTS Act offers hope for reducing the incidence of sudden cardiac arrest in young people and improving overall health outcomes.

Looking Ahead: Ensuring Continued Progress

While the HEARTS Act marks a significant achievement, it is important to continue to build on this progress. The next steps should include ongoing efforts to refine and improve the implementation of the law, ensuring that all schools have the resources they need to keep students safe. It is also essential to continue educating the public about the importance of heart health and the steps that can be taken to prevent cardiac emergencies.

As awareness grows, and as more schools implement the HEARTS Act’s provisions, it is hoped that the number of sudden cardiac arrest fatalities will decline. Through education, preparation, and swift intervention, we can work toward a future where the risk of sudden cardiac arrest in youth is significantly reduced, and lives are saved.

The HEARTS Act represents a groundbreaking effort to address the issue of sudden cardiac arrest in students, offering a comprehensive approach that combines education, awareness, training, and life-saving equipment. With its implementation, the law aims to ensure that schools are equipped to respond to cardiac emergencies quickly and efficiently, ultimately saving lives. By providing schools with the resources they need, and by educating students, staff, and parents, the HEARTS Act will help create a safer environment for young people, reducing the risks associated with sudden cardiac arrest and ensuring that help is always within reach.

An urgent need for justice and equality

December 16, 2024, 4:26 am

The tragic incident of Atul Subhash, a Bengaluru-based technology expert who allegedly took his own life due to mounting stress caused by legal battles in family court, has sparked much debate on the fairness and effectiveness of India’s judicial system (“The Family Court”) in settling family disputes. While family courts were established to ensure faster and more amicable settlements, incidents like this highlight the inherent flaws that need to be addressed immediately. The current legislation needs a review and the introduction of wide reforms to ensure equity for all stakeholders, especially in delicate marital issues.
Magnificent view as to the existing legal framework (Family Courts Act, 1984): Scaling on the Constitutional measures
Family courts in India operate under the provisions of the Family Courts Act, 1984. The Act was enacted with the intent of promoting conciliation and speedy disposal of the cases related to marriage, child custody, and maintenance. Section 9 of the Act mandates that the family courts shall make efforts to settle the disputes amicably before proceeding with the formal hearings. The philosophy is to reduce contentious litigation and promote reconciliation as far as possible.

Despite these provisions, the reality often deviates from the ideal. Cases that include allegations of dowry harassment, domestic violence, and maintenance cases sometimes become protracted legal battles that cause psychological and economic distress to both parties. This has led to calls for urgent reforms that make the process easier and more just for all parties regardless of gender. Moreover, it underscores the importance of the multifaceted aspects, including human dignity, of constitutional provisions such as art. 21. The Hon’ble Supreme Court explicitly stated in Francis vs. Union Territory (1981) that the right to life encompasses the right to live with human dignity, a principle that appears to be violated by the family court in the victim’s case. Mere, taking shelter under the disguise of “Procedure Established by the Law” would vitiate the true scope of right to life and the vice of any legislation is any way supported by the constitution because the procedure must be “Just”, “Fair” and “Reasonable” as enumerated by the Apex Court in Maneka Gandhi Vs. Union of India (1978).

Gender Neutrality and the Need for Balanced Justice
India’s family law has been cantered on protection to women’s rights in statutes like the Hindu Marriage Act, 1955, Protection of Women from Domestic Violence Act, 2005, and Section 125 of the Code of Criminal Procedure (CrPC) [corresponding to section sec.144 of BNSS, 2023] pertaining to maintenance. Since historically women were oppressed, protection for women’s rights has been one of the objectives. The problem lies with the lack of corresponding safety measures when false accusations are given against men or undue harassment of men.
Section 498A of the IPC,1860 (corresponding to sec.85 of BNS,2023) relating to cruelty by husband or his relatives to a woman, is prone to abuse. In this scenario, the Hon’ble Supreme Court of India held, in Rajesh Sharma v. State of Uttar Pradesh (2017), held and accepted the abuse of the very said Section 498A with the guidelines not to abuse. Despite all the judgments, false accusations prevail resulting in much hassle and hardship for the accused person.

Reforms Needed in Family Courts
1. Gender-Neutral Laws: While protecting women’s rights remains paramount, laws addressing matrimonial disputes and domestic violence should be gender-neutral. The introduction of gender-neutral provisions in BNS,2023 BNSS,2023 would ensure that men and women receive equal protection under the law.

2. Mandatory Mediation and Counselling: The Family Courts Act,1984 already emphasizes conciliation, but enforcement remains weak. Strengthening mandatory mediation and counselling services—with trained professionals who can assess cases objectively—could alleviate unnecessary litigation.

3. Time-Bound Proceedings: Delays in family court cases exacerbate the emotional and financial strain on individuals. Implementing strict timelines for case resolution, as suggested by the Law Commission of India’s 245th Report, could ensure quicker justice.

4. False Allegation Penalties: Introducing stricter penalties under the new criminal laws for filing false cases or making baseless allegations could deter misuse of protective laws. The judiciary should be empowered to act decisively in cases where malice is proven.

5. Mental Health Support: Recognizing the psychological toll of family court disputes, mental health support services should be integrated within the court system. This would provide necessary support to litigants experiencing stress, depression, or trauma.
Judicial Oversight and Accountability
Judicial procedures in family courts require greater supervision in order to prevent biases and to ensure justice. The formation of review committees headed by senior judges or independent legal professionals should observe the working of family courts and advise remedial action when required and where necessary.

Conclusion
The tragic case of Atul Subhash shows the stark reminder that the legal systems that ought to implement protectionism can inflict further harm if deployed wrongly or a bit too late. Gender-neutral legislature, efficient mediation facilities and penalty on misuse of legislation are some of the important measures forward for making justice delivery as fair as well as humane as possible. Changes in family courts would be expected to uplift legal procedures and, thus restore public confidence in judiciary capabilities to deliver fair, neutral justice. As, the parliament has the power to change the procedure by enacting a law amending it and when the procedure is so changed it becomes the procedure established by the law and that must be valid in the light of article 21 of Indian Constitution. Hence, it ought to eradicate the vice of the justice delivery system too. The courts are not also to the exclusion of it as the Apex Court of the land has clearly stated in the case of Ram Ekbak Missir vs Ram Niwash Pandey (2002) that it is the duty of the courts to see that neither victim nor the accused suffers by mischief of the investigating agency or staff of the court.
Hence, It is an evolution in Indian law is required that will undertake all these challenges head-on and prevent or avert any further tragedies. Then, justice will be seen as fully served to everybody. Otherwise, it will undermine the ethos of Justice, in the voice of great Martin Luthar King, “Injustice any where is a threat to Justice Everywhere.”

Mr. Sukanta Chakrabarty (Advocate, Calcutta High Court) & Dr. Mainan Ray (Associate Professor of Law, Amity Law School, Kolkata)

Contrast of the law of the land and blasphemy in India

September 19, 2024, 3:47 am

An Overview of Islamic Tradition
The Indian legal and constitutional landscape is unfamiliar with the phrase “blasphemy.” What is blasphemy? The word blasphemy is derived from two Greek words: blapto, meaning “to injure”, and pheme, meaning “to speak”. So, blasphemy is simply considered injurious speech or speaking evil.
It has been the stance of Holy Qura’an that the Prophets’ followers to be tolerant and persistent in their beliefs and to fight evil with good and not to worry.
Persecution, mockery, and suffering were all part of life for the Prophet and his followers, but they never wavered in their faith.

Blasphemy in the Holy Qur’an and Sunna
Islamic tradition speaks of sabb allah and sabb al-rasul, meaning reviling God or reviling the Messenger. But the term Sabb (in the sense of abuse) occurs twice as manifested in the HOLY Qur’an, in 6:108: “abuse not these to whom they pray, apart from God, or they will abuse God in revenge without knowledge.” Though the Holy Quran doesn’t say what the punishment should be.
In contrast, the Hadith literature does contain references to blasphemy. The killing of prominent people, most likely because of their political activities against the Muslim community,

The development of blasphemy law in Islam
Actually, the concept of blasphemy as an offence was developed by Muslim jurists in the post-prophetic period. Blasphemy against the Prophet was considered a greater offence than blasphemy against the law. And this very notion stemmed from the idea that blasphemy was the violation of a ‘right of man’ (haqq al-‘abd’) for which repentance (by itself) was insufficient to absolve the offender. The four legal Sunni schools of Islamic legal thought all recognize the offence of blasphemy. However, there are differences between them on the question of whether perpetrators of the offence should be given the opportunity to repent. The Hanafis, Hanbalis, and Malikis advocate for execution regardless of the offender’s age (though disputes and questions arise regarding the authenticity of the original Hanafi position); in contrast, the Shafi affirms that blasphemy repentance is acceptable.
Interestingly, in the formative texts of various schools of law, blasphemy against the Prophet or the “Sahabda” is not mentioned among the punishable acts that constitute apostasy (ridda) or unbelief (kurf).

Indian Context: Historical Background
The release of songs like “Rangeela Rasool”,which made fun of the Prophet Mohammed, led to introducing a new section 295A in 1927 in the IPC, 1860. Presently, Chapter XV of the IPC, which deals with offences relating to religion, is divided into the following categories:
Injuring of defiling places of places of worship with intention to insult the religion of any class as mentioned in sec.295 of IPC corresponding to sec.298 of Bharatiya Naya Sanhita,2023)
Outraging or wounding the religious feelings of people (Sec.295A corresponding to section 299 of BNS,2023 which talks about “Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs” and 298 of IPC corresponding to 302 which talks about “Uttering words, etc., with deliberate intent to wound religious feelings of any person.”
Disturbing religious assemblies as mentioned in sec.296 of IPC corresponding to section 300 which talks about “Disturbing religious assembly.

The Constitution and Blasphemy
As India is a secular state, Article 25 of the Constitution guarantees the freedom of conscience, the freedom to profess, practice and propagate religion to all citizens. Constitutional validity of the section 295A of IPC, 1860 was questioned before the apex court of the land in the case of Ramji lal Modi v. state of Uttar Pradesh (AIR 1957 SC620) where the Apex Court upheld its validity on the ground that the restriction imposed on freedom of expression by the section was reasonable and was covered under the head of “public order”. The reasoning of the court was that the section did not penalize any and every act of insult to religion or the religious belief of a class of citizen but was directed to act perpetrated with the deliberate and malicious intention of outraging the religious feeling of a class of citizens. There must be a proximate link between speech and public disorder and not a far-fetched “remote” or “fanciful connection” (Superintendent Central Prison v. Ram Manohar Lohia (AIR 1955 All 193, 1955 CriLJ 623).

In concluding, it can be said that blasphemy is debatable and one of the most abused law. Blasphemy is often regarded as a reasonable restriction on freedom of speech and expression. In this modern world, where freedom of speech and religion are widely considered as fundamental and human rights, India, despite being a pluralist country with an incomparable diversity in its population, has a vast ocean of varied conflicting opinions on sec.295A of the Indian Penal Code,1860 (corresponding to section 299 of BNS,2023), which is a law against blasphemy in the guise of hate speech.

Weak textual basis, apple of discord amongst the Muslim jurists, changing socio-political context, and so on should be kept in mind before contending of blasphemy. Furthermore, in a secular country like India, there must be acceptance of the concept of freedom of expression and constitutional spirit and should not be stand as antithetical to India’s secular ethos.

California State Senator Accused of Exploiting Male Staffer in Lawsuit

September 10, 2024, 1:58 am

A lawsuit has been filed against California State Senator Marie Alvarado-Gil, accusing her of abusing her former male chief of staff, Chad Condit, in a manner described as “sex slavery.”

The legal complaint, lodged in Sacramento County Superior Court, alleges that Senator Alvarado-Gil engaged in “erratic, controlling, and sexually dominating abuse of authority and power” over Condit. According to the lawsuit, Condit faced unwanted sexual advances and harassment while serving as the senator’s chief of staff. The complaint claims that Condit, the son of former Congressman Gary Condit, was pressured into performing explicit acts during work-related travel.

Condit asserts that he was compelled to perform sexual favors for Alvarado-Gil over several years to retain his position. This “quid pro quo relationship” allegedly resulted in serious back and hip injuries for Condit. The lawsuit describes the situation as one involving unwelcome advances and sexual behaviors, paired with punitive measures and displays of power.

One particularly serious allegation in the lawsuit is that Condit suffered debilitating injuries from performing oral sex on the senator in a car, resulting in three herniated discs and a collapsed hip. Condit claims he started using his back injury as an excuse to reject the senator’s advances in August of the previous year. In response, he was allegedly issued a disciplinary letter accusing him of inappropriate behavior and was subsequently terminated in December for continuing to refuse her advances.

The lawsuit also alleges that Senator Alvarado-Gil had a “lifetime free pass” to cheat on her husband. Condit began working for her during her 2022 Senate campaign as a Democrat and became her chief of staff upon her election. Notably, Alvarado-Gil recently switched from the Democratic Party to the Republican Party.

Condit is seeking monetary damages for lost wages, reduced earning capacity, lost employee benefits, and emotional distress.

Senator Alvarado-Gil’s attorney, Ognian Gavrilov, has dismissed the accusations as unfounded, asserting that Condit’s claims are fabricated and financially motivated. Gavrilov stated, “We expect the senator to be fully cleared of these baseless, financially driven allegations.”

Pune Porsche Hit-and-Run Case: Police Verify Interrogation of NCP MLA Sunil Tingre

September 7, 2024, 4:27 am

On Friday, Pune city police confirmed that they have questioned National Congress Party (NCP) MLA Sunil Tingre in connection with the Porsche car accident case.

Police Commissioner Amitesh Kumar stated, “Yes, we have inquired about everyone directly or indirectly involved in the Porsche car case, including MLA Sunil Tingre.”

The incident occurred on May 19, when a 17-year-old driving a luxury Porsche crashed into a motorcycle, resulting in the deaths of two young riders in Kalyaninagar. Following the accident, there were allegations that MLA Tingre attempted to intervene at the police station to protect the juvenile driver and used his political influence to sway the investigation.

MLA Tingre has denied these allegations.

Deputy Chief Minister Ajit Pawar recently mentioned in a public speech that Tingre was questioned by the police for three to four hours. Pawar asserted that Tingre had clarified his lack of involvement in the case and criticized those attempting to implicate him unfairly.

A Special Law to make Hospitals safer for the Medics

August 21, 2024, 3:49 am

The rape and murder of the young doctor at the Kolkatta based RG Kar Medical College has stunned the entire nation. Cutting across demographics, genders and professions, the country has risen in one voice and taken to the streets demanding swift action against the perpetrators of this heinous act. If there is any quibbling it is amongst the political class that is indulging in the usual blame game but even then the ruling TMC government of West Bengal stands isolated as its allies from the INDIA bloc have also condemned both the act as well as the state government’s response. The Congress, which lost the UPA government partly because of the gruesome 2010 gangrape and murder of a young girl in the capital on its watch, has been one of the first to demand swift action against the guilty.

Politics (and politicians) aside, the medical community has also risen in protest demanding swift justice as well as the enactment of a special law to ensure safety and security for the medical community as a whole. As many as 72 Padma Shri awardees have penned a letter to the Prime Minister asking for the same. The letter asks for a quick promulgation of a separate law to deal with violence, both physical and verbal, against doctors, medical professionals and medical institutions. Ironically the Prevention of Violence against Doctors, Medical Professionals and Medical Institutions bill was drafted in 2019 but it never made it to the parliament. During Covid however, the Centre had promulgated an ordinance to the Epidemic Diseases Act making violence against the medical professionals non bailable and punishable with a fine of Rs 5 lakh. The doctors would now want the government to take the next step and pass the bill specific to their safety.

Doctors are often at the receiving end of both verbal and physical abuse at the hands of irate patients who are faced with medical emergencies. But short staffing and long shifts have their own ask on the medical community. In addition, as one of the signatories, Dr Harsh Mahajan, Founder & MD Mahajan Imaging points out, if we cannot make our workplaces safe, how many parents would want their children to join the medical profession?

These are crucial issues that need to be dealt with for the medical professionals are one of the pillars of our community. As an initial response the government has reached out to some public hospitals such as the AIIMS in Delhi, with a promise to set up more CCTV cameras at strategic locations, enhanced security staff and stricter monitoring of entry and exit points. But it goes without saying that a lot more needs to be done.

Government to Introduce Waqf Act Amendments in Rajya Sabha: Sources

August 5, 2024, 2:36 pm

Amendments to the Waqf Board Act, aimed at restricting the powers of the Waqf Board, are expected to be introduced first in the Rajya Sabha. Sources informed that the government might bring these amendments within the week, with the budget session concluding on August 12.

The government reportedly consulted various Muslim intellectuals and organizations before proposing the 32-40 amendments to the Waqf Board Act. The Waqf Act, initially passed in 1954, was repealed and replaced in 1995, granting more powers to Waqf Boards. In 2013, further amendments gave the Waqf Board extensive authority to designate property as ‘Waqf Property.’

The proposed amendments will likely require the Waqf Board to register its properties with the District Collector’s office for evaluation. Additionally, the amendments aim to ensure women’s representation on the Central Waqf Council and state boards.

UP minister Danish Azad Ansari noted that complaints had been received about the encroachment and misuse of Waqf property. He emphasized that Waqf properties should be used for the Muslim community’s benefit, such as constructing hospitals, schools, and colleges.

The proposed amendments have faced sharp criticism from the opposition. CPI General Secretary D. Raja expressed concerns that the amendments reflect a BJP-RSS agenda to undermine Waqf properties and that there has been insufficient public debate on the issue. Samajwadi Party leader Akhilesh Yadav accused the BJP of attempting to “snatch the rights of Muslim brothers,” while RJD leader Tejashwi Yadav criticized the Centre for neglecting public welfare in favor of divisive politics.

With strong opposition and concerns about the amendments, the Parliament is expected to see heated debates when the proposed changes are introduced.

600 Lawyers come together and write to the CJI claiming political groups trying to “Defame Law”

March 28, 2024, 2:32 pm

A collective of legal professionals, among them senior advocate Harish Salve and Bar Council of India chairperson Manan Kumar Mishra, have communicated to the Chief Justice of India, asserting that a particular interest group is endeavoring to exert influence on the judiciary and tarnish the reputation of courts using unsubstantiated arguments and entrenched political motives. Their communication, dated March 26 and addressed to CJI DY Chandrachud, highlights the apparent exertion of pressure in political cases, particularly those concerning allegations of corruption against political figures.

The letter, circulated by official sources, indirectly targets a subset of lawyers who purportedly defend politicians by day and seek to sway judges through media channels at night. The group accused this faction of fabricating narratives about a supposedly superior past era of the judiciary, contrasting it unfavorably with current circumstances, with the aim of influencing court decisions for political advantage. The letter, titled “Judiciary Under Threat-Safeguarding Judiciary from Political and Professional Pressure,” was reportedly endorsed by approximately 600 lawyers, including Adish Aggarwala, Chetan Mittal, Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, and Swarupama Chaturvedi.

Although the lawyers behind the letter refrain from citing specific cases, their concerns emerge amid ongoing high-profile corruption trials involving opposition figures. Opposition parties have accused the central government of engaging in political vendettas, a claim rejected by the ruling BJP. Notable lawyers within these opposition ranks have united against the recent arrest of Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to Delhi’s excise policy.These lawyers accuse critics of insinuating that courts in the past were more susceptible to influence, thereby eroding public trust in the judiciary. They condemn such behavior as detrimental to the judiciary’s integrity and assert that concocting theories of “bench fixing” and comparing Indian courts to those lacking rule of law constitute disrespectful attacks on the judiciary’s honor.

Furthermore, they criticize these critics for adopting a selective approach, praising decisions they agree with while disparaging and disregarding those they disagree with. The letter alleges attempts to influence the selection of judges and spread misinformation on social media to sway their decisions. Questioning the timing of these actions amid impending elections, the lawyers recall similar incidents in 2018-2019 and urge the Supreme Court to take decisive action to safeguard the judiciary from such alleged assaults. They emphasize the importance of the CJI’s leadership during these challenging times, urging against maintaining a passive stance that could inadvertently empower those seeking to undermine the judiciary.

Hit-and-run law: Why bus & truck operators went on a strike?

January 3, 2024, 6:57 am

Protests by transporters and auto drivers are erupting opposing the proposed tightening of Section 104 in recent legislative changes. Truck, bus and tanker drivers are on a three-day strike to protest against the stringent jail and fine regulations under the newly-launched Bharatiya Nyay Sanhita (BNS) for hit-and-run cases.

Each year, thousands fall victim to hit-and-run incidents, often losing their lives due to delayed medical attention. The proposed laws dictate that in hit-and-run cases, fleeing individuals arrested for leaving an injured person alone may face up to a 10-year imprisonment alongside fines. Conversely, drivers who promptly report accidents may receive reduced penalties.

A Report of ministry of road and highways says that approximatly 5,00,000 people got injured in road accident in 2023.

‘India witnessed a 9.4% increase in fatalities due to road accidents in 2022 with 1.68 lakh people losing their lives last year either due to reckless driving, over speeding, drunken driving and non-compliance of traffic regulations while the total number of accidents went up by 11.9% to 4.61 lakh’, the ministry of road transport and highways said in its report.

This translates into 19 deaths every hour and 53 accidents per hour. The report said the number of injured people was 15.3% higher compared to last year at 4.43 lakh.

As per the report, for the fourth consecutive year in 2022, the fatal road accident victims largely constitute young people in the productive age groups. “Young adults in the age group of 18 – 45 years accounted for 66.5% of victims during 2022,” the report said, adding that people in the working age group of 18 – 60 years share 83.4% of total road accident fatalities.

The Hit and Run Law, outlined in Section 104 of the Indian Judicial Code, defines the act as causing harm to an individual or property due to reckless driving followed by fleeing the scene. This law stipulates a 10-year prison sentence for causing a victim’s death due to a driver’s negligence.

There is widespread public outcry across the nation concerning the recent amendment to the hit and run law introduced by the central government. The amendment is facing staunch opposition nationwide, sparking protests, particularly among truck drivers in multiple states like Madhya Pradesh, Uttar Pradesh, Rajasthan, and Maharashtra.

Consequently, long queues are witnessed at petrol pumps, with Madhya Pradesh experiencing the most significant impact. Additionally, the All India Transport Congress plans to convene a meeting in Delhi to decide on potential strike actions, scheduled for Tuesday.

Let’s delve into what constitutes a hit and run, the specifics of the new rule, the previous regulation, the necessity for the amendment, the grounds of opposition, and the government’s stance on the controversy.

What is Hit and Run
Hit and run incidents involve road accidents wherein harm is caused to an individual or property due to reckless and negligent driving, followed by the perpetrator fleeing the scene. These cases often pose challenges in capturing and penalizing the culprits due to a lack of evidence and eyewitnesses.

The New Rule
The contentious rule sparking national uproar is part of three recent laws passed by the Parliament. Specifically, it revises Section 104 of the Indian Justice Code (BNS), replacing the IPC. This section delineates punitive measures for causing death due to negligence.
Section 104(1) addresses causing death recklessly or negligently, warranting imprisonment up to five years and a fine.
Section 104(2) pertains to causing death due to negligent driving, constituting culpable homicide, leading to imprisonment extendable up to ten years and imposing a fine.

Previous Hit and Run Law:
In India, hit and run incidents were not explicitly punishable under the Indian Penal Code (IPC). However, sections 279, 304A, and 338 were relevant:
Section 279 defines and penalizes reckless driving.
Section 304A addresses death caused by negligence, punishable by imprisonment up to two years or a fine.
Section 338 addresses grievous hurt due to rash or negligent acts, carrying imprisonment up to two years or a fine.

Additional Regulations
The Motor Vehicles Act 1988 also applies to hit and run cases, encompassing Sections 161, 134(A), and 134(B):
Section 161 provides
compensation: Rs 25,000 for death and Rs 12,500 for severe injury.
Section 134(A) mandates immediate medical aid by the driver.
Section 134(B) requires the driver to report the accident to the police promptly, failing which leads to penalties.

Rationale for the Amendment:
The primary challenge in hit and run cases is the absence of direct evidence, making it arduous for law enforcement to identify culprits. Witnesses are often reluctant to cooperate due to legal concerns.

What is the cause of the protest?
The implementation of new regulations has stirred apprehension among drivers, who fear the rules are directed against them. According to the updated rules, drivers might face public backlash if they attempt to aid the injured.

What is the government’s stance on the controversy?
Union Home Minister Amit Shah recently disclosed in Parliament that the government has introduced stringent penalties for individuals fleeing the scene after causing a road accident, leaving victims unattended. Additionally, the Home Minister mentioned a degree of leniency for those voluntarily reporting the incident to the police and assisting the injured to the hospital. However, there exists no such provision in the Indian Penal Code.

Parliament Security Breach: Delhi HC stays order to provide FIR copy to accused

December 23, 2023, 4:41 am

The Delhi High Court on Friday stayed the trial Court’s order which directed the city police to provide a copy of the FIR to one of the accused in the Parliament security breach case. A bench of Justice Swarana Kanta Sharma also issued a notice to the accused Neelam Devi on the Delhi Police’s plea challenging the trial court’s December 21 order, which mandated the investigative agency to furnish a copy of the FIR to the accused’s counsel in accordance with the law.

“The execution of the order dated December 21 stands stayed till the next date of hearing. Notice issued to the accused for the next date of hearing,” stated the court, and listed the matter for further hearing on January 4, 2024.
The Delhi police’s counsel argued that in sensitive matters, the accused should approach the commissioner, who would establish a committee to decide on the application for providing a copy of the FIR. If denied, the accused could then seek relief from the court. It further contended that the trial court made an error in directing them to provide the FIR copy to the accused.

On Thursday, the trial court extended the custody of four accused individuals, Manoranjan D, Sagar Sharma, Amol Dhanraj Shinde, and Neelam Devi; arrested in connection with the Parliament security breach case until January 5, 2024.

Following an application by Neelam, the trial court directed the Investigating Officer (IO) to provide a copy of the FIR to her counsel. The security breach, which occurred on December 13, marked the anniversary of the 2001 Parliament terror attack. During Zero Hour, two of the accused, Sagar Sharma and Manoranjan D, leaped into the Lok Sabha chamber from the public gallery, released yellow gas, and shouted slogans before being subdued by some Members of Parliament.

Concurrently, Amol Shinde and Neelam Devi, two other accused individuals, sprayed colored gas outside the Parliament House premises while shouting “tanashahi nahi chalegi.”
In addition to the aforementioned four accused, Lalit Jha and Mahesh Kumawat have also been arrested in connection with the case. All six individuals are currently undergoing interrogation while in police custody.

Refusal of Physical intimacy now considered cruelty under Hindu marriage act : K’taka HC

June 21, 2023, 1:38 pm

According to the Karnataka High Court, the absence of a physical relationship after marriage constitutes cruelty under section 12(1)(a) of the Hindu Marriage Act rather than under section 498A of the IPC because the marriage has not been consummated. The court’s decision comes as it throws out a case alleging cruelty against a man and his parents under section 498A. The couple apparently barely lived together for 28 days before getting married in December 2019. A complaint was made in February 2020 by the wife. Although the in-laws were also the target of the complaint, the wife’s major complaint was against the husband, a devotee of Brahmakumari.

According to reports, the husband is accused of watching videos of certain Brahmakumari sister Shivani. The wife allegedly said that the husband would tell her he was not interested in physical relationship and that love is not getting physical relationship and should have soul to soul love.

On the opposing side, the in-laws were accused of pressuring for dowry during the marriage and influencing their son to do the same. The wife’s plea resulted in a similar hearing, where the family court invalidated the marriage. The highest court observed that this decision was based on the argument that the husband and wife had no physical intimacy. In a petition to the higher court, the husband and his parents raised doubts about the charges brought against them under IPC section 498A and section 4 of the Dowry Prohibition Act.

The Karnataka high court acknowledged the fact that the parents did not live with the couple. Furthermore, the court highlighted that neither the chargesheet nor the wife’s complaint described any incident or event that would qualify as an element of IPC section 498A during the 28 days the couple resided together. Justice M Nagaprasanna stated that the only complaint was that the husband had no intention of engaging in a physical relationship with his wife.

‘Delhi’s Law system has worsened over past year’: Saurabh Bharadwaj on RK Puram murder

June 18, 2023, 1:51 pm

The health minister and AAP politician Saurabh Bharadwaj criticised the Lieutenant Governor of Delhi on Sunday after two women were shot in Delhi’s RK Puram. He said that the law and order situation in Delhi has gotten worse over the previous 12 months.

Two women were killed earlier today at RK Puram in Delhi by unknown assailants. They were taken to a hospital, but they passed away from their wounds. An investigation into the matter was opened by the police and is presently ongoing.Saurabh Bharadwaj said, “Over the past year, Delhi’s law system has worsened. Murders are happening in Tihar jail, by barging into people’s houses. Molestation has become common now. Two women were shot dead in RK Puram. Today, no woman can step out of the house wearing jewellery. Snatchings are being done blatantly. Delhi’s law system had never been this bad. This is because the priorities of the governor are wrong. Women wrestlers and six witnesses alleged Brij Bhushan Sharan Singh of sexual abuse. But the Police did not register an FIR. The Police are working like a political setup”.

“The LG should tell how many police stations he has inspected over the past year. He keeps inspecting the work done by the Delhi Government and takes credit for the work done by the government. Why does he not inspect stations at night? The Delhi Police is being utilized for political work. Police Officers felt ashamed when they could not arrest Brij Bhushan Sharan Singh after such a major crime”, added the health minister.

Further, Bharadwaj said that the Delhi Police is deployed to keep an eye on the VIP areas.
“The Delhi Police is being deployed to keep an eye on the VIP areas, trap Arvind Kejriwal, trap the AAP leaders, and political espionage. Many times, Delhi Police staff are found keeping an eye around the AAP headquarters”, he claimed.

UK ex-PM Boris Johnson faces new Covid law breach claims

May 24, 2023, 11:15 pm

Boris Johnson, who was forced to resign as British prime minister last year in the wake of controversies including the partygate scandal of COVID law-breaking parties at Downing Street, has been referred to police over new claims that he may have breached pandemic lockdown rules.
While Johnson has dismissed the allegations as “bizarre and unacceptable”, the UK Cabinet Office is said to have forwarded his ministerial diary entries from the time over concerns about certain visits to his prime ministerial country residence during the lockdown.
The Times newspaper, which first reported the development on Tuesday, said Johnson, 58, has been referred to Thames Valley Police because his ministerial diary revealed visits by family and friends to Chequers at a time when there were strict restrictions on inter-household mixing to contain the spread of coronavirus.
“In line with obligations in the Civil Service Code, this material has been passed to the relevant authorities, and it is now a matter for them,” the Cabinet Office said.
It said the information came to light during the process of preparing evidence for submission to the COVID inquiry, an independent review of the UK’s handling of the pandemic and its impact. Johnson, however, complained of a “politically motivated stitch-up” and insisted that all events in question were within the rules either because they were held outdoors or came within another “lawful exception”.
“The assertion by the Cabinet Office that there have been further COVID rule breaches is totally untrue,” Johnson’s spokesperson said.

Human Rights in international investment arbitration – a conceptual analysis

May 17, 2023, 1:48 am

In the recent era investment related disputes are increasing day by day and human right laws are increasingly being more and more relevant is such disputes, but is it relevant? Over the past years, tribunals have given more or less no to less attention when it comes to human rights law in cases of an investment arbitration taking place. But with the changing era, it cannot be said that the two areas are of no importance and are disconnected from each other. A plethora of arbitral tribunals in investor-state disputes is increasingly open to drawing on human rights norms in cases of applying international investment agreements.

International trade, business, and investments are gaining momentum as countries invest internationally to advance their reach and boost their respective economies. While commercial arbitration has become quite popular, another form of arbitration, which is investment arbitration has gained popularity. The process of investment arbitration is a new one that forms its basis in international adjudication as well as law. It has a well-established principle that any investor, be it an individual or one with a corporate entity, may enforce international law obligations and receive monetary compensation from a state. Investment arbitration happens to be a procedure that is used to resolve the disputes which occur between foreign investors and the host state, this process is also called the Investor-State Dispute Settlement.

Human rights law is the department of international law containing customs, guidelines, and practices that furnish all people regardless of their place of birth, race, intercourse, and many others aspects. There are no exhaustive lists of rights that might be considered human rights. Investment arbitration and human rights law appear to be disjoint from each other but they’re aspects of the same coin. It may come as a surprise at first – how can it be related? Let’s us understand this with the help of an example, i.e., in the case of an international investment arbitration both the parties to dispute i.e., the host state as well as the investor wants to reinforce their position to do such the parties may turn to the provisions of the public international law which may also include human rights treaties.
Human Right Laws and International Investment Arbitration Disputes go hand in hand for the investor as well as the host country in many ways. Some are discussed below –
-The investor may commit or be involved in the violations of human rights.
-The State might violate the human rights of the investor.
-Any party to dispute during the proceedings may lead to invoking the practice of international human rights courts on issues of procedure.

-The State might adopt the approach of human rights measures that may interfere with investors’ property rights.
-A party to dispute can also raise an issue that can be incidental to the investment dispute raised by the foreign investor, the case of Urbaser vs. Argentina stands as an example of this situation where the right to water i.e. a basic human right was brought forward as a concern by the host state against the investor.
-A party to dispute can also invoke international human rights norms in the application or interpretation of the obligations when it comes to international investment.
But do Arbitral Tribunals have the Jurisdiction of analyzing Human Right Claims? To answer this question let’s refer to the widely recognized Kompetenz-Kompetenz principle in Arbitration Law.

This principle provides the right to the arbitral tribunal to exercise on the issues in its own jurisdiction. With the application of this principle, the tribunal is empowered to decide matters by assuming its own jurisdiction i.e., by implementing as well as interpreting the relevant provisions of the Bilateral Investment Treaties.
In the case of Strabag v. Poland, the court stated that the burden to establish a tribunal’s jurisdiction, while ultimately it is subject to a tribunal’s own satisfaction will fall on the party alleging a breach of human rights. Further, In another case of Bilbao Biscay Ur Partzuergoa vs. the Republic of Argentina, the court in its ruling stated that the arbitral tribunal shall settle disputes based on the principles and rights contained in the treaty, further also including the rules of international law, along with taking the general rules/principals in consideration.

Hence there is no direct answer to the question of jurisdiction of the arbitral tribunal to analyze human rights claims, as the applicability of it completely depends on the domestic law of the host country along with the relevant bilateral or multilateral arbitration treaty. Therefore, it can be said that whether or not the tribunal can apply human rights completely depends on the jurisdictional clause along with taking into consideration the relevant law. Hence no matter how limited the scope of jurisdiction of a tribunal is, it does not necessarily imply excluding human rights issues in cases it is raised by the parties to the disputes. Article 42 of the ICSID Convention clearly states that in cases of an absence of an agreement “The Tribunal should apply the rules as well as the law of the Contracting State party to the arbitral dispute along with rules of international law as well. It is to be noted that the specific human right this is being claimed to be violated needs to be one that is based on a treaty of such human rights, to which both the parties to the disputes are signatories. Hence the above-discussed provisions clearly open the door for the application of customary rules of international law to international investment arbitration disputes, as international law does include human rights law as well. Associations with regard to the applicability of an appropriate regulation/law become significantly more complicated in the present scenario.
The tribunal in the case of Siemens v. Argentina, stated that the tribunal isn’t committed or obligated to look at basic rights, regardless of whether it can do as such, in the event that it doesn’t see common freedoms as straightforwardly affecting the center issues of the debate. In case the tribunal accepts to consider human rights, it has the discretionary power to decide on which rights, obligations, etc. may be applied.
At times, human rights norms can also be applied while the dispute is going on during the merits and damages phase. During this phase, the tribunal relies on Art 31(3)(c)Vienna Convention on the Law of Treaties, which grants the tribunal to consider any relevant rules of international law. This process is also known as the systematic integration process, and the tribunal may not always expressly refer to it as human rights norms.

It is to be noted that both international investment law and International Human Rights Law do overlap each other to a degree in regard to certain basic human rights. For instance, the right to property is central to both laws.
Likewise, the option for fair treatment assumes a fundamental procedural part in the question goal and is safeguarded under the two systems. This is obviously just a little subset of the plethora of other rights under Int. Human Rights Laws, yet it confirms essential communication between the both.

With Globalization resulting in increased foreign investment, it becomes very clear that the parties to international investment arbitration cannot overlook international human rights laws. In the present generation, human rights norms are expressly being drafted and are also being relied on as a ground of claim/counterclaim in a plethora number of cases. But there are yet a few unsettled concerns introduced by the consideration of human rights issues in investor-state arbitration and even now human rights provisions are missing in most relevant treaties, which acts as a major problem in the present era which leads to straining of relations between the two.

For interactions to become more and more, efforts are to be put in to identify shared goals as well as the more vigorous contribution of human rights experts in relevant international investment disputes taking place as the two systems draw from international law, thus there exists no question for seeking additional amicable associations.

Amit Shah Introduces clear and concise Law Drafting training curriculum

May 15, 2023, 12:47 pm

Amit Shah, Union Home Minister, stressed the need to draw a “simple and clear law” on Monday when he opened a training workshop on legislative drafting in the nation’s capital.Shah made a point of urging the attendees during his address to execute a “simple and clear act” in order to prevent interference from the court and any potential disputes. The Home Minister stressed the importance of developing new skills while crafting any act, noting that legislative drafting is a continuous process.

“We should focus on drafting a very simple and clear act so that it should be beyond any dispute and it avoid the intervention of the court,” Shah said.
“Drafting of legislation is an ongoing process so there is a necessity for skill upgradation. If we fail to do so we would be irrelevant,” he added.The Programme, being organized by the Institute of Constitutional and Parliamentary Studies (ICPS) in collaboration with the Parliamentary Research and Training Institute for Democracies (PRIDE).

After Imran Khan’s arrest, the army was stationed in Punjab, Pakistan

May 10, 2023, 3:55 pm

Following protests sparked by the detention of the nation’s former prime minister Imran Khan on Tuesday, army forces have been sent to Pakistan’s Punjab province to keep the peace, according to Dawn.

“Federal Government, in the exercise of the powers conferred under Article 245 of the Constitution and Section 4 (3) (ii) of Anti-Terrorism Act, 1997 (to discharge such functions as specified in the said act), is pleased to authorize the deployment of Pakistan Army troops/assets for maintaining law and order situation across the Punjab province in aid of civil power,” the Ministry of Interior of Pakistan said in an official order. “The exact numbers of troops/assets, date and area of deployment will be worked out by the provincial government in consultation with MO Dte, GHQ,” a notification said.

Punjab and Balochistan governments imposed Section 144 in their respective provinces on Tuesday in response to protests staged across the region following the arrest of Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan in the Al-Qadir Trust case.Angry protestors stormed government buildings and blocked roads in response to Imran Khan’s detention prompting authorities to enact Section 144.

While his lawsuit against the Al-Qadir University Trust is still being heard by a special accountability court, Khan is being represented by a group of lawyers that includes Khawaja Haris, Barrister Ali Gohar, and Advocate Ali Bukhari.The interim government of Punjab has brought in Pakistan Rangers, and the province’s mobile and internet services have been suspended, according to Samaa TV.

Significant decisions were made to address the law and order situation throughout the province in a meeting of the Provincial Intelligence Committee chaired by the AdditionalChief Secretary of the Home Department.In the wake of the ongoing unrest, the Islamabad administration also implemented Section 144 in the capital territory.

U.K. Government to scrap EU-derived laws, opposition parties raise objection

January 18, 2023, 12:28 pm

The British government is facing flak from the opposition and Conservative MPs over their plans to scrap EU-era laws copied over to UK law after Brexit. Unless specifically kept or replaced, much of the legislation will automatically expire after December.

It has raised worries that significant laws would unintentionally expire. Labour party claims that delaying the end-of-year deadline until 2026 will guarantee the preservation of job rights. Additionally, several Conservative backbenchers, including former Brexit secretary David Davis, support a move to give MPs more control over what gets dropped.

To minimise the impact on companies when the U.K. formally left the EU in 2020, the government identified more than 2,400 pieces of EU legislation that have been incorporated into UK law to make the transition smooth.

The National Archives has unearthed another 1,400 unidentified laws. This increase in number has raised concerns about the workload on the civil service to review all those legislations. The ministers would be gaining wide-ranging powers to change or get rid of EU laws, prompting criticism that important changes in a wide range of areas could be made without proper scrutiny.

The deadline is not applicable to EU legislation governing financial services since such laws have been specifically excluded from another measure moving through the Commons. The same is anticipated for EU regulations that impact customs and VAT.

Although the UK government has not yet released a breakdown, some EU legislation applies to areas in Wales, Scotland, and Northern Ireland that are overseen by ministers. Both the Welsh and Scottish governments, which are led by the SNP, have expressed reservations about the plan and asked their respective legislatures to hold off on passing it.

Some Brexiteers are pressuring Prime Minister Rishi Sunak not to modify the end-of-year timetable after he made the promise to examine or repeal EU regulations within 100 days of assuming office during his failed leadership campaign in the summer.

On Wednesday, the House of Commons will conduct the bill’s final phases. Then it will go before the House of Lords, where it is anticipated to encounter strong opposition.

Rajasthan govt likely to pass law to protect gig workers’ rights

December 28, 2022, 12:52 pm

In a first for the nation, senior officials familiar with the plans said on Tuesday that the Rajasthan government is likely to propose a law during the state assembly’s budget session in January of next year to protect the rights of gig workers and make them eligible for various state welfare programmes.

Those who engage in any income-generating activity as independent contractors or on a temporary basis are referred to as gig workers. The majority of these individuals are employed by app-based companies, primarily Ola, Uber, Swiggy, and Zomato.

Data from the National Institution for Transforming India (Niti) Aayog indicates that as of June 2022, there were approximately 7.7 million gig workers, and that figure is expected to triple by 2029–2030. According to the sources mentioned above, the Rajasthan government predicts that there are between 225,000 and 270,000 gig workers operating only within the state, of whom 50,000 work for Ola and 35,000 for Uber.

One of the representatives said that in order to understand the advantages and difficulties faced by gig workers, the state government conducted a sample survey in June. The majority of workers reported that their occupations gave them freedom, enabled them to select the kind of work they preferred, and allowed them strike a balance between work and home life.

“However, the workers said that unlike regular jobs, they do not have any job security and facilities like health insurance. Moreover, they are not covered under labour laws and therefore, do not get institutional protection against exploitation. Their biggest concern was that there is no alternative source of income if they lose their job,” the official said, wishing not to be named.

The survey found that more than 50% of the gig workers did not have any kind of health insurance and about 40% were not covered under the state government’s accidental insurance. Most workers were from Rajasthan and some were from Uttar Pradesh, Bihar, West Bengal and Madhya Pradesh, the official said.

Taking into consideration the findings of the survey, the Rajasthan government is planning to launch a portal where gig workers can register themselves to avail government benefits, the official added.

“The state may start a dedicated portal for the registration of gig workers in Rajasthan, which would act as a basis for providing social security measures to them. Further, the state government may collaborate with the companies of gig workers to provide the social security benefits on scale” a second official said, also wishing not to be named.

The second official said the state government wants to cover all gig workers, who are residentsof Rajasthan, under the state government’s Chiranjeevi health scheme that provides for annual health insurance worth ₹10 lakh for free. He added that workers in the state would also get protection, such as right to file complaint with labour department, under the labour laws, similar to the one given to contractual employees.

Through the proposed law, the government aims to define gig workers, their minimum wages and their rights, the first official said.

“There will be clarity on the legal provisions once the draft of the proposed law is final. We will be talking to their employers before finalising the draft of the law to ensure that it does not impact the gig economy of the state,” the official said.

The official said they will also see whether they can direct companies to provide the gig workers with health and accidental health insurance covers as done for regular employees.

“To us, there is not much difference between a gig worker and a contractual employee when it comes to work as both have to sign a contract with the employer,” the official said, adding that gig workers can be covered under the Occupational Safety and Health Risks guidelines of the government which provides for basic health facilities at the workplace.

He said, “Jaipur-based Uber driver, Vikas (40) hailed the government’s efforts to provide them with legal protection. “Earlier, companies used to charge 5% on every ride but now, they have increased their share to 25% and we cannot do anything. I hope the proposed law will address such issues too”.

Vikas said that since 2020, the number of drivers associated with Ola and Uber in Jaipur have doubled in the wake of rising unemployment. With so many app-based cabs available, he said, achieving an incentive target of minimum 100 rides a week is almost getting impossible. “Even after working for extra hours, I am earning less than what I earned before the Covid-19 pandemic,” he said.

Rahul Gandhi, a Congressman, spoke about the difficulties gig workers experience at the Bharat Jodo Yatra last week in Rajasthan, and chief minister Ashok Gehlot promised to give them legal identification during the budget session.

Law to mobilize Russian citizens with criminal records signed by Putin

November 6, 2022, 3:08 pm

Law to mobilize Russian citizens with criminal records signed by Putin

Vladimir Putin, President of Russia signed a law to mobilize citizens with criminal records of murder, robbery, drug trafficking, and other serious crimes under the Criminal Code of the Russian Federation for military service, according to the reports on Saturday.

However, people who committed sex offences against minors, participated in the killing of a public figure, engaged in terrorism, or participated in extremist activity are excluded from the requirement to perform community service. The Russian Ministry of Defence ceased all partial mobilisation procedures earlier this week, according to Putin, who claimed on Friday that the Kremlin has already mobilised an additional 18,000 soldiers for its war in Ukraine.
Only after Putin writes a formal decree will his partial mobilisation order be lifted.

On September 21, Russian President Vladimir Putin issued an order to partially mobilise the military in Moscow as part of an apparent escalation of the country’s invasion of Ukraine that started in February of this year.
As the missile attacks continue to target important Ukrainian cities, the Russia-Ukraine war is already in its ninth month. An attack by “Kamikaze” drones reportedly rocked Kyiv, the capital of Ukraine, early on Monday. This is the latest escalation, according to a Ukrainian official.

After a truck recently exploded on the Crimea road bridge, setting seven fuel tanks of a train travelling to the Crimean Peninsula on fire, the conflict between Russia and Ukraine has further intensified. The explosion, which also caused two of the road bridge’s spans to partially collapse, claimed the lives of three persons.
Four years after Moscow occupied Crimea, President Vladimir Putin officially opened the Crimean Bridge in 2018. It was built to connect the peninsula to Russia’s transportation system.
The 19-kilometer bridge, which spans the Kerch Strait and links Crimea with Russia’s mainland, is made up of portions for cars and trains. In 2020, it was completely functional.