Compiled by Sidhartha Jatar
National Investigation Agency and new Anti-terror law
President Pratibha Patil has signed two bills signaling the creation of a National Investigation Agency on the lines of the FBI and the enactment of an anti-terror law which will boost police powers. (VOA)
To enable the Federal Agency to function effectively and without state interference, the bill skirts the fact that ‘law and order’ is a state subject by terming terror strikes as an attack on India’s sovereignty and thereby lends a constitutional cover to the agency’s sweeping powers. Special courts are sought to be designated to try terrorists. (ToI)
The anti-terror bill seeks to balance security needs with individual freedoms and fundamental human rights. (BBC)
Media self-regulation
With a Parliamentary Committee favouring statutory regulations for the media on the lines of the Press Council of India and with the Information and Broadcasting ministry threatening government oversight (control over content), broadcasters have unveiled self-regulatory guidelines thereby quickening the process that was started by the News Broadcasters Association much before the Mumbai attacks. (TOI)
Live-in-relationships and the Domestic Violence Act
Commenting on the need for a specific law for protecting women involved in live-in relationships, law minister H.R Bhardwaj said that the Domestic Violence Act was adequate and that an expansion could be considered when society was prepared to accept this kind of relationship. (DNA)
Hindi – an unfeasible alternative
Citing practical difficulties, the Law Commission has struck out a suggestion made by Parliaments official language panel that article 348 of the Constitution be amended so as to allow judgements to be delivered in Hindi. (The Telegraph)
Income of dependant has no bearing on compensation amount in cases involving accidents
The Delhi High Court has disapproved of a ruling of the Motor Accident Claim Tribunal which adjusted earnings of the dependant (of an accident victim) against compensation she was entitled to. The high court stated that the income of a family member must not have any bearing on compensation payable. (DNA)
Women: Safe for no more than three minutes
In a shocking report, women in India –it is said- are a victim of criminal acts every three-minutes. In many cases, the perpetrators are known to the victim and are often husbands or in-laws. (Zee news)
Newspapers not responsible for advertisers misleading claims
The Delhi High Court has ruled that newspapers have no duty to bear when it comes to advertisements on their pages for consumer goods which are false and misleading. The trial courts order requiring a disclaimer was set aside. (Indiaprwire)
Parliament approves the LLP Bill
With Parliamentary approval of the LLP Bill, an alternative business vehicle is now made available to anyone who seeks flexibility in management structure along with limited liability i.e. no joint liability and liability limited to the agreed share in the partnership. With the Partnership Act not applying to this model, several other restrictions will be eased. (Thaindian News)
Ansals get a year down
The Delhi High Court declined the plea of the Uphaar victims association to have a stricter jail term for the Ansal brothers and reduced their existing two year sentence to one year citing old age and social standing as factors being taken into consideration. In addition, the court reduced to two years the sentences of two Delhi Vidyut Board employees by holding them liable under Section 304 A (rash and negligent act) for improperly repairing the generators rather than imposing a penalty under section 304 of the IPC (culpable homicide not amounting to murder). Further, the gatekeeper who had bolted the door of the cinema and was absent from duty at the time the fire broke out was charged for negligence and his seven year sentence was reduced. (TOI)
Strong suspicion not enough to summon a person to court as accused says the Supreme Court
Holding that a person could not be brought to court as an accused simply on suspicion, the Supreme Court said that fresh evidence would be a pre-requisite where the accused was brought before the court under Section 319 of the IPC. A prima-facie case would have to be made out basis material presented. (Webindia123)