LOK SABHA PASSED THE CRIMINAL LAW (AMENDMENT) BILL, 2018 TO ALLOW DEATH PENALTY FOR THOSE WHO RAPE GIRLS BELOW 12 YEARS

The Lok Sabha passed the Criminal Law (Amendment) Bill, 2018, that provides for the death sentence for raping a girl less than 12 years and enhances the minimum punishment for rape of a woman from seven to 10 years. It amends the IPC, CrPC, Indian Evidence Act and Protection of Children from Sexual Offences Act. Under this law the minimum punishment for the rape of a girl under 12 will be 20 years of rigorous imprisonment, the maximum being death sentence or life imprisonment. The minimum punishment for rape of a girl under 16 will be 20 years of rigorous imprisonment, extendable to life imprisonment.

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JUDGMENT CANNOT REST MERELY ON INCONSISTENT DYING DECLARATIONS: HYDERABAD HIGH COURT

Inconsistencies and contradictions in dying declarations of the deceased completely demolish the prosecution’s case and lead to extension of benefit of doubt to the accused by the courts said by the Hyderabad High Court and set aside the judgment of the sessions court, and acquitted the appellant of the charge under Section 302 of IPC. The accused-appellant challenged the judgment of the Medak sessions court, convicting him under Section 302 IPC (punishment for murder) holding him guilty of murdering his wife and sentencing him to undergo life imprisonment.

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LOK SABHA PASSED THE TRAFFICKING OF PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL, 2018

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, was passed by the Lok Sabha to prevent human trafficking, especially of women and children. The bill provides care, protection and rehabilitation to the victims of trafficking, to prosecute offenders and to create a legal, economic and social environment for the victims. It calls for punishment ranging from 10 years of rigorous imprisonment and a fine not less than Rs 1 lakh. The Bill proposed establishing a National Anti-Trafficking Bureau (NATB) for coordinating, monitoring and surveillance of trafficking cases.

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SUPREME COURT PULLED UP CENTRE FOR LACK OF ACCESS TO DIFFERENTLY-ABLED PERSONS

The Supreme Court pulled up the Centre for not making government buildings and public places accessible to the differently-abled persons in line with the law and sought to know the steps taken by it during the last seven months after the court had passed a series of directions. The Apex Court said that the right to dignity, which is ensured in the constitutional set up for every citizen, applies with much more vigour in cases of persons suffering from disability and it was duty of the State and public authorities to lay down proper norms.

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FUNDAMENTAL RIGHTS ARE ABOVE RELIGIOUS PRACTICES: SUPREME COURT

The Supreme Court made it clear that fundamental rights do not offer iron cast protection for essential and integral religious practices, and observed that such traditions can be struck down as unconstitutional if they discriminate on grounds of caste or sex. Hearing a batch of petitions challenging Sabarimala Ayappa temple’s custom of barring entry of women in 10-50 age group, the court said that both Article 15 and Article 25(2) enjoin a duty on constitutional courts and governments to act against a religious practice discriminatory towards women.

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RAJYA SABHA PASSED FUGITIVE ECONOMIC OFFENDERS BILL 2018

The Rajya Sabha passed the Fugitive Economic Offenders Bill 2018 which empowers authorities to attach and confiscate properties and assets of economic offenders like loan defaulters who try to escape the country by evading its legal process. The bill was passed by the Lok Sabha last week.

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CENTRE STAND ON LOKPAL APPOINTMENT IS WHOLLY UNSATISFACTORY: SUPREME COURT AND ASKED TO FILE A FRESH AFFIDAVIT

The Supreme Court said that the Central government’s stand on appointment of a Lokpal (it is an ombudsman to protect the common man from corruption in public service and power centres) was wholly unsatisfactory, and asked the Centre to file a fresh affidavit giving relevant details of the search committee for the appointment of a Lokpal.

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PARLIAMENT PASSED ANTI-CORRUPTION BILL THAT PUNISHES BRIBE GIVERS ALONG WITH THE BRIBE TAKERS

The Lok Sabha passed the Prevention of Corruption (Amendment) Bill, 2018 to amend the anti-graft law that seeks to punish bribe-givers for the first time along with the bribe takers. For the bribe takers, the bill proposed to increase the punishment to a minimum of three years of imprisonment, which may extend to seven years, besides fine. Bribe givers can be punished with imprisonment up to seven years, fine, or both.

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BEGIN LIVE-STREAMING OF JUDICIAL PROCEEDINGS FIRST IN CONSTITUTIONAL MATTERS ON TRIAL BASIS: CENTRE TOLD SUPREME COURT

Attorney General K.K. Venugopal informed the Supreme Court that the government was in favour of video recording and live streaming of judicial proceedings can be undertaken on a trial basis in constitutional matters, which can be extended to other matters later on.

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THIRD PARTY INSURANCE FOR TWO AND FOUR-WHEELERS SHOULD BE MANDATORY FROM SEPTEMBER 1: SUPREME COURT

The Supreme Court said that third party insurance of four-wheelers and two-wheelers be made mandatory so that victims of road accidents could get compensation and insurance firms should look into it from a human point of view and not from the commercial point, and ordered that from September 1, at the time of sale of two or four wheelers, third party insurance should be made mandatory for a period of five and three years respectively instead of one year.

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ANTI-GRAFT BILL THAT GIVE RIGHT TO PUNISH BRIBE GIVERS PASSED BY RAJYA SABHA

The Prevention of Corruption (Amendment) Bill that seeks to punish bribe givers for the first time with imprisonment of up to a maximum of seven years was passed by Rajya Sabha. However, to protect persons who give bribe under coercion, the bill has provided that “the person so compelled” would have to report the matter to the law enforcement authority or investigative agency within seven days. The Bill will now put up before the Lok Sabha.

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LOK SABHA PASSED FUGITIVE ECONOMIC OFFENDERS BILL TO NAIL ECONOMIC OFFENDERS

The Lok Sabha passed the Fugitive Economic Offenders Bill, 2018, which aims to prevent perpetrators of major financial frauds from fleeing the country. The Bill seeks to strengthen the norms to ensure that wilful defaulters like Vijay Mallaya, Nirav Modi and Mehul Choksi cannot evade the legal process in future. The Bill would empower investigative agencies to seize even benami properties of the offenders, besides their legal assets.

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CABINET APPROVED BILL SEEKING DEATH FOR RAPE OF GIRLS BELOW 12 YEARS AND TABLE BILL IN THE MONSOON SESSION OF PARLIAMENT

The Union cabinet has approved the Criminal Law (Amendment) Bill 2018 which provides death penalty for those convicted of raping girls below the age of 12 years. This will be followed by amendments to extend similar protection to male child victims. The draft bill which was prepared by the Home Ministry will be tabled in the Monsoon Session of Parliament. According to the bill, the minimum punishment for rape of a girl below 12 years will be 20 years of imprisonment extendable to life in prison or death sentence, in case of rape of a girl under 16 years, the minimum punishment has been increased survivors of from 10 years to 20 years, extendable to life imprisonment, which means jail term till the convict’s natural life.

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SUPREME COURT PULLED UP CENTRE AND STATES OVER FAILURE TO APPOINT AD-HOC JUDGES

The Supreme Court pulled up the Centre and States for their inaction in the appointment of retired judges as ad hoc judges in various High Courts for speedy disposal of pending criminal cases. The court also issued notices to centre and states to come out within eight weeks an action plan for appointment of retired high court judges as ad-hoc judges of the respective high courts.

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IT'S OUR DUTY TO AMEND, ENACT LAW IF IT VIOLATES RIGHTS: SUPREME COURT ON SECTION 377

The Supreme Court asserted that courts cannot wait for a majoritarian government to decide on enacting, amending or striking down a law if it violates fundamental rights. The court observed this while hearing a clutch of pleas challenging the validity of section 377 of the IPC. However, the court made clear that it may not strike down the law completely and deal with it to the extent it relates to consensual acts between two adults.

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PERSONS WHO THREATENS LAWYERS MAY FACE SEVEN YEARS JAIL TERM: SOON BILL BY MADHYA PRADESH GOVERNMENT TO PROTECT LAWYERS

The Madhya Pradesh state cabinet gave its approval to the Advocates Protection Act. Under this Act, a person accused of exerting undue pressure on a lawyer or obstructing their work would lead to seven years of jail with provisions of fine up to Rs. 10,000. The government is preparing to bring an Ordinance to implement this Act soon. The government will present the bill in the monsoon session of the Assembly.

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Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

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CENTRE'S DECISION OF SETTING HUB TO MONITOR ONLINE DATA WILL BE LIKE CREATING A SURVEILLANCE STATE: SUPREME COURT

The Supreme Court observed that letting one's social media content tracked and regulated by the government would turn India into a ‘surveillance state’, and issued notice to the Centre on a plea challenging its proposed move to set up a Social Media Communications Hub (SMCH).

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VERDICT ON SECTION 377 TO BE DECIDED ON LAW, NOT MAJORITY VIEW: SUPREME COURT

A five-judge bench headed by Chief Justice Dipak Misra, hearing a clutch of petitions challenging the constitutional validity of the section 377, rejected a proposal of lawyers, seeking retention of section 377, that public opinion should be elicited on the matter, saying it did not want a referendum but would go by constitutional morality. The advancing of arguments remained inconclusive and would resume on July 17.

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CENTRE LEAVED TO THE WISDOM OF SUPREME COURT TO DECIDE VALIDITY OF SECTION 377

The Centre told the Supreme Court that it would leave it to the wisdom of its judges to decide on the constitutional validity of Section 377 on the issue of criminalising unnatural intercourse between two consenting adults.

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SUPREME COURT FAVOURED LIVE STREAMING OF COURT PROCEEDINGS, AND SAID THAT LITIGANTS HAVE RIGHT TO KNOW

The Supreme Court declared that its willingness to experiment with live telecast of its hearings and initiated the process for framing of guidelines. The court said that the litigants are entitled to know how their cases are dealt with and this will ensure transparency. The court also said that the rape trials and matrimonial disputes will not be live-streamed.

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CENTRE SEEKS BAN ON FEMALE GENITAL MUTILATION, SUPREME COURT GAVE ITS NOD

The Centre sought ban on female genital mutilation (FGM) and told the Supreme Court it was opposed to any such practice in the name of religion as it violates integrity of her body part. Attorney General K K Venugopal, appearing for the Centre told a Bench of Chief Justice Dipak Misra that the government was in favour of a ban on religious practices that force girl child to undergo genital mutilation or circumcision.

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SUPREME COURT BEGIN HEARING PETITIONS CHALLENGING SECTION 377 THAT CRIMINALISES HOMOSEXUALITY

The Supreme Court constitution bench will commence hearing petitions on repealing Section 377 of the Indian Penal Code (IPC) which criminalises carnal inter­course against the order of nature and thereby sexual relationship between persons of same sex.

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SEIZE PHONES OF THOSE TALKING WHILE DRIVING FOR 24 HOURS: UTTARAKHAND HIGH COURT

The Uttarakhand High Court has asked police to seize phones of those caught talking on the mobile phone while driving or riding for a period of 24 hours, for which the transport department will also issue a receipt. This is just one of the many stringent measures the court has ordered to improve road safety in the state. The court also directed the transport secretary to establish 73 enforcement teams one for each tehsil over and above the existing teams to enforce the implementation of Motor Vehicles Act, 1988.

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SUPREME COURT UPHELD THAT CHIEF JUSTICE OF INDIA AS 'MASTER OF ROSTER'

The Supreme Court maintained that the Chief Justice of India (CJI) is the master of the roster and has the prerogative and authority to allocate cases to different benches of the Apex Court, and also said that the CJI occupies the role of first among equals and is empowered to exercise leadership in administration of court which includes assignment of cases. The judgment came on a plea of former law minister Shanti Bhushan challenging the existing roster practice of allocation of cases in the apex court by the Chief Justice of India.

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SON HAS NO LEGAL RIGHT TO STAY IN HOME WHICH WAS SELF-EARNED BY HIS PARENTS: DELHI HIGH COURT

The Delhi High Court ruled that the son has no legal right to stay at home where parents have earned themselves. If the son was allowed to stay at home at the time of good relations, it doesn’t mean that they want to carry the burden of that son's life. He can live in the house as long as his parents permit him to stay in home. The verdict was observed while dismissing a plea filed by a son against lower court order that allows parents to evacuate their son and daughter-in-law from their self-earned home.

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SUPREME COURT ISSUED NOTICE TO CENTRE, STATES ON PIL TO SECURE RIGHTS OF ORPHAN KIDS

The Supreme Court issued a notice to Centre and states after hearing a Public Interest Litigation (PIL) seeking a direction to the Central Government to give benefits to orphans. The PIL demanded same reservation benefits to the orphans in educational institutions and government jobs that are extended to those belonging to the SC/ST and OBC category. The PIL has also sought provision of other benefits to orphans, including bank loans and incentives for setting up business.

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OWNERS SHOULD BUY COVER FOR VEHICLE’S LIFETIME: MADRAS HIGH COURT

The Madras high court has observed that the Centre really should amend the Motor Cars Act to make it mandatory for each individual car to acquire comprehensive insurance policy plan fairly than just 3rd bash one so that every single occupant is qualified for compensation in circumstance of loss of life or harm. The court made this observation while hearing a circumstance relating to the compensation awarded to the kin of a former police constable who died in a car accident, the insurance policy company stated that compensation could not be awarded for the loss of life of the occupant because it experienced only 3rd bash insurance policy include.

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LAW TO REGULATE ARRESTS WITHOUT A WARRANT IS LEGISLATIVE BUSINESS: HYDERABAD HIGH COURT

The Hyderabad High Court made it clear that the court would neither exercise the power of making laws nor issue a mandamus to the legislature to make any law, and dismissed a petition which challenged the validity of Section 41 (1) (b) of the Criminal Procedure Code (CrPC) which enables any police officer to arrest, without an order from a magistrate and without a warrant, any person against whom a reasonable complaint was made. The court stated that it is for the competent legislature to decide on the issue.

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SUPREME COURT ASKED CENTRE TO INFORM IN 10 DAYS ABOUT STEPS TAKEN FOR APPOINTING LOKPAL

The Supreme Court today directed the Centre to file an affidavit within 10 days giving details of the steps which are likely to be taken for appointing the anti-graft ombudsman Lokpal in the country. The bench has posted the matter for hearing on July 17.

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CENTRE MAY NOT MOVE SUPREME COURT IN INDIVIDUAL CASES WHERE IMPLICATION IS BELOW RS 50 LAKH

The Centre may not approach the Supreme Court against high court orders where the financial implication is less than Rs 50 lakh. The government is actively considering to increase by five times the financial threshold of cases to Rs 50 lakh in which it will move the Supreme Court against verdicts of high courts. As of now, the threshold is Rs 10 lakh. A senior government functionary said that if the proposal is implemented, central departments and ministries will approach the top court only if the financial implication is Rs 50 lakh and above, but if a high court decision overturns a policy, the Supreme Court should be approached even if the financial implication is negligible.

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