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LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

May 30, 2022

Uttarakhand Government Forms 5 Member Panel to Implement the Uniform Civil Code

  • The Government of Uttarakhand made a 5-member panel, led by retired Supreme Court judge Justice Ranjana Prakash Desai which shall examine the relevant laws pertaining to the implementation the Uniform Civil Code (UCC). The other members of the committee comprise of retired High Court judge Justice Permod Kohli, the social activist Manu Gaur, the retired IAS officer Shatrughan Singh, and Doon University Vice-Chancellor Surekha Dangwal along with Justice Ranjana Prasad.
  • The Central government had told the Delhi high court in January 2022 that the Uniform civil code can only be introduced after an in-depth study is done in the personal laws that govern the communities.

Notaries' E-portal Launched for more Transparency

  • Seeking to usher in more transparency and reduce the use of paper, Law Minister Kiren Rijiju launched a dedicated e-portal for receiving applications online from those applying to become notaries. The portal will lead to a paperless regime by receiving applications online, processing payments, online certificate generation, uploading seal and stamp and annual returns.
  • This will reduce paperwork and cut the cost on account of postage and other related expenditure. The portal will facilitate maintenance and retrieval of records relating to appointment of notaries. According to the ministry, over 22,000 notaries have been appointed since 1952.

May 29, 2022

'Sex Work Legal', Supreme Court Gives Historic Judgement on Prostitution

  • In a significant order recognising sex work as a "profession" whose practitioners are entitled to dignity and equal protection under law, the Supreme Court has directed that police should neither interfere nor take criminal action against adult and consenting sex workers.
  • The Bench ordered that sex workers should not be "arrested or penalised or harassed or victimised" whenever there is a raid on any brothel since voluntary sex work is not illegal and only running the brothel is unlawful.
  • Also, a child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade. Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
  • The court ordered the police to not discriminate against sex workers who lodge a criminal complaint, especially if the offence committed against them is of a sexual nature. Sex workers who are victims of sexual assault should be provided every facility including immediate medico-legal care.

May 28, 2022

Delhi High Court: Notice to Concerned Authorities for Vaccination of Street Dogs against Canine D...

  • The Delhi High Court issued notices to both the Delhi Government and the Municipal Corporations on a petition seeking vaccination of street dogs and other animals in the national capital against deadly viruses like Canine Distemper and Parvo Virus. A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta observed that the public interest litigation raised several important issues with regard to care and protection of stray dogs and other animals in the city, which neede "urgent attention" of the government.
  • The Apex Court directed the respondents to come out with a clear and considered stand in respect of all the issues raised in the petition.
  • Advocate Rahul Mohod, petitioner-in-person, approached the Court, raising grievance with regard to lack of mechanism to vaccinate stray dogs and other street animals to protect them from diseases such as Canine Distemper and Parvo Virus, which are known killers.

Vande Mataram: Delhi HC Issues Notice to Centre, Delhi Govt, NCERT

  • The Delhi High Court sought responses from the Centre, Delhi Government and National Council for Education Research and Training (NCERT) on a plea seeking that Vande Mataram be accorded a status at par with the national anthem Jana Gana Mana.
  • The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta was dealing with a public interest litigation filed by BJP leader and practising Advocate Ashwini Kumar Upadhyay alleging that the song Vande Mataram, which had played a historic part in the struggle for Indian freedom, shall be honoured equally with Jana Gana Mana.
  • During the course of hearing, the Bench, at the outset, expressed displeasure over the petition being all over the press even before the same being listed before the Court, giving an impression that it is filed for publicity.

May 27, 2022

Allahabad High Court Quashes FIR against The Wire Editor, Reporter

  • The Allahabad High Court quashed an FIR registered against Siddharth Varadarajan, editor of The Wire, and reporter Ismat Ara for publishing news on the death of a youth during the farmers' agitation in New Delhi. The Division Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar passed this order while hearing a petition filed by Siddharth Varadarajan And Another.
  • The petition has been filed for quashing the FIR dated 31.01.2021 in Case under Section 153-B and 505 (2) of Indian Penal Code, registered at Police Station Civil Lines, District Rampur along with consequential reliefs.

May 26, 2022

Meghalaya HC Observes Animals Meant for Slaughter Need Humane Treatment

  • The Meghalaya High Court observed that a regime be set up in the State to ensure better treatment of animals, particularly those that are transported, those that are brought to any market-place, the manner in which the animals are culled and to ensure humane and hygienic conditions at all stages and places.
  • The Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh heard a Public Interest Litigation (PIL) filed by NGO Gau Gyan Foundation raising the issue of how the cattle are brought to animal markets.
  • The Bench hoped that an appropriate mechanism was put in place as expeditiously as possible. While on the subject, the State must also ensure that more hygienic conditions are followed by meat-sellers, whatever kind of meat they may be selling. Apart from meat shops openly displaying torn parts of animals, which is often hideous to look at, roadside selling of meat products without the meat kept in any enclosure, notwithstanding the cooler temperature enjoyed in most parts of the State, may not be ideal or advisable.
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