Legal News Shots- The Best Shots of the Day
Legal News Shots- The Best Shots of the Day

INDIA – Shortly, The Union Cabinet Will Take Call For The Reconstitution Of The Law Commission

Since September last year, the nation without a Law Commission, the Law Ministry has launched the process of setting up the body that guides complex legal problems to the government. The 21st Law Commission’s three-year term finished last year on August 31. The Law Ministry had shifted the recommendation to reconstruct the board on one occasion. But the proposition was unable to proceed further, and the government subsequently entered the electoral mode. Government sources said the proposition to reconstitute the panel would be in the next few days before the Union Cabinet. Under Justice B S Chauhan (retired), the 21st committee had presented to the Lok Sabha the state assemblies reports and working documents on essential problems such as concurrent elections and uniform civil code. In 2010 also, the then UPA government had prepared a draft cabinet note to give statutory status to the Law Commission, and the Law Ministry had mooted to bring the Law Commission of India Bill, 2010. However, the idea was shelved.

 

INDIA – Controversial Provision That Criminalized Beggary By Transgender People Excluded From The Bill

A controversial provision that criminalized begging by transgender people has been removed from the 2019 Transgender Persons (Protection of Rights) Bill, which was cleared by the Union Cabinet last week. Another provision that made transgender individuals subject to a district screening committee’s certification to be acknowledged as a transgender person was also ruled out. According to the new provision, a transgender individual may apply to the district magistrate to acquire an identity certificate, and the DM will issue an identity certificate as a transgender individual to the applicant on the grounds of the laws that will be established once the bill becomes a law, the senior official of the ministry clarified.

 

INDIA – Surrogate Child Parents Qualified To Maternity Leave and Paternity Leave, Bombay High Court

Recently, the Bombay High Court affirmed that a surrogate child’s parents also have the right to paternity and maternity leave. Last week, Chief Justice Pradeep Nandrajog and Justice NM Jamdar’s Division Bench observed that the subject was no longer res-integrated. “… Even in the event of birth by surrogacy, the parents who borrowed the ova and the sperm would have the right to be part of the leave.” The High Court noted that the courts should have taken note of the previous rulings stating that maternity leave benefits are also accessible to surrogate children’s parents.

 

USA – Protesters Hired To Resist The Proposed Law Prohibiting The Sale Of Animal Fur

California may soon be the nation’s first state to prohibit fur sales, but only if paid fake demonstrators do not otherwise persuade lawmakers. Direct Action Everywhere, an environmental activist group, has received records indicating that opponents of AB 44 have been paid to attend government meetings in Sacramento. Performers were asked to say they are in favour of selling fur. “I was part of a DXE research group that went to a fur farm in California and documented situations. There we discovered Mable. They’re going to use bunny fur to line gloves, trivial things animals don’t have to die for,” said King. If AB 44 passes, it will be effective in 2022.

 

USA – Anti-Vaxxers Unable To Block New York Recent Law Eliminating Vaccine Requirement Base On Religious Exemptions

A New York State Supreme Court (SC) Justice on Friday (July 12, 2019) dismissed a lawsuit brought by 55 families trying to block the recently adopted state law “eliminating school vaccination criteria based on religious convictions,” reported Ars Technical. New York is this year’s hardest hit state by measles outbreaks that have been declared eliminated by the Centers for Disease Control and Prevention in the U.S. in 2000 but have seen a revival in recent years. As of July 3, 2019, the CDC had approximately 1,109 individual measles cases across the U.S., the largest since 1992. Two significant outbreaks (620 confirmed cases as of July 8) and Rockland County (280 cases as of July 11) were recorded in NYC.

 

INDIA – “We Cannot Solve The Water Problem Of India Without De-bureaucratization:” Mihir Shah

Among the first modifications made by the new government of the Bharatiya Janata Party after winning re-election in May 2019 was the merging of water, drinking water and sanitation ministries. India needs “water de-bureaucratization” to address its water problems, requiring alliances with stakeholders such as universities, study centers, Panchayati Raj organizations, and local metropolitan bodies. India is the biggest extractor of groundwater in the world, accounting for 12% of worldwide production. Water management in India suffers from “hydro-schizophrenia,” Shah says, adding that this can only be altered if organizations like CWC and CGWB can be merged to enhance water management.  Finally, all of them must come together as part of the National Water Commission, working as multi-disciplinary agencies, along with the countries in each river basin, to create a truly holistic water resource management.

 

INDIA – Delhi High Court Discards Bayer’s Move To Block Natco’s Brand Of Colorectal Cancer

The acrimonious patent-related tussles between Indian and multinational drug manufacturers are down but not out yet. In the recent growth, a Delhi High Court division bench rejected an injunction petition lodged by German drugmaker Bayer to safeguard its drug Regorafenib marketed under the brands Stivarga, Nublexa and Resihance against drug maker Natco Pharma, based in Hyderabad. Bayer objected to Natco’s brand launched under the name Regonat alleging breach of its patent rights. The court sent back the case to the single judge for hearing the matter again. The case is probably to come up later this month for hearings.

 

DUBAI – Can Wife In The UAE Sponsor Husband and Kids?

If she earns a fundamental wage of Dh3,000 plus lodging or a complete wage of Dh4,000 without accommodation if she is a teacher or in any position in the medical industry, a spouse may sponsor her spouse and kids according to the inquiry. However, as their demands may change from time to time, you may contact the Residency and Foreign Affairs Directorate General for the request.  A spouse may sponsor her husband and kids if she earns a fundamental wage of Dh3,000 plus lodging or a complete wage of Dh4,000 without accommodation if she is a professor or in any position in the medical industry. Says Ashish Mehta is Ashish Mehta’s founder and managing partner.

 

INDIA – Woman Fined Rs. 50,000 For Complaining Of False Sexual Harassment

A Rs. 50,000-fine has been imposed on a female by the Delhi High Court for filing a misleading sexual misconduct complaint against her masculine colleague. A single court judge bench chaired by Judge JR Midha on July 9 dismissed the petition and charged the petitioner with the costs. The court ordered her to deposit the fee with the Welfare Trust of Delhi High Court Advocates. After noticing the record of the investigation proceedings, the bench believed that the complaint of the woman appeared to be incorrect as a result of which the plea was rejected. The court also gave the employer of the woman the freedom to bring suitable action against her for lodging a frivolous complaint.

 

INDIA – Rohingya Pin Hopes On Education For A Better Life In Delhi Slum

Life may be all about slums, narrow lanes and one-room hutments for Rohingya refugees in Delhi’s Kalindi Kunj Camp, but the community’s younger generation is setting their sights on becoming lawyers and doctors in brighter days to come. Five days earlier, a 22-year-old Tasmida moved from the slum to a leased room in Zakir Nagar to concentrate on her research. She is India’s first Rohingya refugee to pass the Class 12 exams and has now applied for an LLB course in Jamia Millia. She wants to become a lawyer so she can fight for her people’s rights. On the other side, nineteen-year-old Foyazul Haque is preparing at a centre run by a non-governmental organization for Class 12 boards. After clearing the Class 12 exams, I would like to opt for medical science so that I can meet the medical requirements of my community, “he said. Most such literacy programs are run by people from the Rohingya community and financed through public donations.

 

AUSTRALIA – Lawyers Caution Legal Aid At Crisis Point After The NSW Murder Trial Derailed

After the exceptional derailment of a high-profile murder trial in New South Wales (NSW), the nation’s peak lawyers’ group has advised the legal aid funding crisis is at “breaking point.” For the 2016 alleged killings of underworld figure Pasquale Barbaro and Mehmet Yilmaz, three men were due to face the NSW Supreme Court trial on Monday (July 15, 2019). However, the court was compelled to vacate the four-month trial because the levels of legal aid were insufficient for appropriate barristers to deal with such a long and complicated case.

 

INDIA – Bombay HC Dismisses Case Against The Man Who Drove Over A Dog

Nine (9) years after the Scorpio SUV of a Vakola resident ran over a stray dog in his housing society, Bombay’s high court instructed dropping of criminal proceedings against him. Under section 428 of the IPC, Vakola police had booked Farooque Ragaria for committing evil intent by murdering or mutilating an animal. Ranjit More and Bharati Dangre, a high court bench in Bombay, ruled that a criminal case was not made against Ragaria. “Continuation of criminal trials would be an abuse of the legal process. It would not serve any purpose by continuing the trials,” added the judges.

 

INDIA – Translating Judgments Will Actually Help All Litigants, To start By The End of July

The Supreme Court of India lately announced that, by the end of July, all its judgments would be translated into six regional languages and uploaded to the website of the court. The translations will be presented in Assamese, Hindi, Kannada, Marathi, Odia, and Telugu as there will be more appeals from the various regions’ high courts. As of now, English is the Supreme Court and High Court official language. District courts use regional languages to pass instructions, judgments, proceedings, Etc. The Benefits of translating judgments: 1. It increases the knowledge of the law. 2. It will profit the rural lawyers. 3. It shall boost employment as local translators are hired by regional governments and language development agencies 4.This decision will assist lawyers, litigants, and law students.

 

BELGIUM – European Union Call To Libyan Authorities To Release, Evacuate Detained Refugees and Migrants

Foreign Ministers of the European Union (EU) meeting in Brussels on 15 July 2019 should issue a definite call to the authorities of Libya to close their migrant detention centers, Human Rights Watch, Amnesty International and the European Council on Refugees and Exiles (ECRE) said today. EU ministers should commit themselves on behalf of EU nations to facilitate the evacuation of prisoners to secure locations, including outside of Libya and to EU member states. Expressions of outrage at the awful circumstances and risks to prisoners during the fighting in Tripoli ring hollow without immediate life-saving measures to get individuals out of the manner, “Judith Sunderland said. Libyan officials have shown openness to release individuals from formal detention centers following a lethal assault in previous July on the Tajoura detention center. Under the nominal command of the UN-recognized Government of National Accord (GNA), based in Tripoli, appalling circumstances in migrant detention centers have already worsened since forces under General Khalifa Hiftar started their attack on Tripoli in early April.

 

INDIA – The Madras High Court Will Not Put Aside The Punishment Of Rs 100 Crore Forced By NGT On Tamil Nadu Government

In a notable return to the government of Tamil Nadu, the high court of Madras on Friday would not set aside Rs 100 crore penalty imposed on the government by the National Green Tribunal (NGT) for neglecting to restore the conduits of Chennai – the Adyar, the Cooum, and the Buckingham Canal. Expelling the state’s intrigue against NGT’s request, Justice R Subbiah and Justice Krishnan Ramasamy’s division seat dismisses the application for break stay against NGT’s request of February 13. The seat explained that, under the Supreme Court’s watchful eye, an intrigue against NGT’s request could be created distinctly making the current supplication unviable.

 

BANGLADESH – Century Old Animal Cruelty Law With New Stronger Protections

The Animal Welfare Bill 2019 was enacted by the Bangladesh Parliament last week. This new law will repeal the 1920 Cruelty to Animals Colonial Age Act, which imposes much more stringent penalties than prior century-old laws. The bill was launched by the Fisheries and Livestock Minister M Ashraf Ali Khan Khasru in Parliament on 10 March and enacted unanimously on 6 July. Animal guardians ‘ responsibilities are described in the new legislation aimed at ending animal cruelty and ensuring their welfare. Furthermore, strays have to be handled with compassion.

 

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