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Legal Current Affairs

Karnataka HC verdict on Hijab ban

On 15th March a three-judge Bench of Karnataka High Court (HC) gave a verdict on the petitions related to banning Hijab (headscarf) in Karnataka’s educational institutions. Observations of the High Court High court upheld the order of Karnataka government prescribing wearing of uniforms in schools & pre-university colleges as per provisions of Karnataka Education Act, 1983. Thus, the court rejected all petitions filed by nine Muslim girl students of the Udupi district.High court ruled that wearing hijab by Muslim women is not a part of essential religious practices in Islam.Thus, the right to wear a hijab is not protected under the right to freedom of religion guaranteed by Article 25 of the Constitution of India.The High court also declared that prescribing uniforms for students neither violates the right to freedom of speech and expression (Article 19(1) (a)) nor the right to privacy (Article 21) guaranteed by the Constitution.Thus, a ban on wearing hijab in educational institutions is a reasonable restriction, which is permitted by the constitution and students cannot object to the ban. Plea in Supreme Court After the Karnataka High court judgment, a Muslim student from Karnataka approached the Supreme Court against the order. In her plea, the student mentioned that right to wear a hijab is protected by the right to conscience under Article 25 of the Constitution.

Legal Current Affairs

The Indian Antarctic Bill

The Indian government has introduced the Indian Antarctic Bill-2022, around 40 years after the country had first signed the Antarctic Treaty. This bill has been introduced to monitor and regulate activities at its research stations that are located in Antarctica. The key features of this bill This bill aims to regulate activities and visits to Antarctica as well as all potential disputes that can arise among those nations that are present on the continent.The bill has also prescribed penal provisions for certain violations.Under this Bill, the jurisdiction of Indian courts has been extended to Antarctica and it has been allowed to investigate and trial crimes that are committed on the continent.Under this bill, an Indian expedition to Antarctica or conducting certain activities on the continent is prohibited without a permit from the committee that will be set up by the government. Also, the committee can cancel the permits.As every country has an allotted quota of fishing in this region, this Bill has provided guidelines for commercial fishing in this region by India. However, strict guidelines have been placed in accordance with the related international law.The Bill has enabled the Indian tour operators to conduct tourism in the region under strict regulations.This bill provides for the constitution of an inspection team that will have the right to carry out inspections in Antarctica.This bill has provided guidelines for the protection of the Antarctic environment. Prohibitions under this bill Under this bill, dredging, drilling, collection of mineral resources, and excavation have been prohibited in the region except for scientific research purposes that too with a permit.This bill has also prohibited damaging the native plants of the region, operating helicopters and vessels that could disturb the habitat, firearms that can disturb the animals and birds, removing soil from the region, and engaging in any activity that can harm the habitat of the region.Also, no animals or birds of this region can be killed, injured or captured.No non-native birds, animals, microscopic organisms, and plants can be introduced to this region.Special permit has to be taken to extract species for scientific research from this region.An officer can also be appointed by the central government to carry out inspections in this region. Applicability of this bill This Bill will be applicable to Indians, corporations, foreign citizens, joint ventures, and firms that are functioning in India, and any aircraft or vessel that is either a part of an Indian expedition or Indian.

Legal Current Affairs

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022.

The Lok Sabha has passed the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022. The Bill has been passed to amend the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. Overview: In accordance with India’s international commitments, the amendment bill was passed to prohibit the financing of the spread of weapons of mass destruction and their delivery systems.The 2005 Act prohibited the transport, manufacturing, and transfer of weapons of mass destruction and their delivery systems. The reason for amending the act The amendment of the act is necessary as in recent times, the various regulations that are in place and are related to weapons of mass destruction and their delivery system’s proliferation by international organizations have increased.  The Financial Action Task Force also has sanctioned the financing of weapons of mass destruction and their delivery systems proliferation. What are Weapons of Mass Destruction? A weapon of mass destruction is a radiological, nuclear, biological, chemical, or any other weapon that can cause significant harm as well as kill numerous individuals and also cause great damage to infrastructures, the biosphere, or the natural structures. What does India’s 2005 WMD Act say about the definition of WMDs? Under this act, biological weapons have been defined as weapons that are specially designed to use various toxins or agents for hostile purposes or during armed conflict. The act defines chemical weapons as weapons that are used to cause death and destruction using toxic chemicals. How is the use of WMDs controlled? Through the use of various international treaties, the use of biological, chemical, and nuclear weapons is regulated. Some of the treaties are the Geneva Protocol, 1925, which banned the use of biological and chemical weapons; the Chemical Weapons Convention, 1992, and the Biological Weapons Convention, 1972, which bans chemical and biological weapons. These two treaties have been signed and ratified by India. The Comprehensive Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) regulates nuclear weapons proliferation.

Legal Current Affairs

Criminal Procedure (Identification) Act, 2022

AIM & OBJECT OF THE ACT This Act aims to replace the Identification of Prisoners Act 1920. In the 1980s, the Law Commission of India, in its 87th report, had recommended significant changes to the existing law. The object of the act is to take measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto. IMPORTANT PROVISIONS OF THE ACT Section 2 (b) of the act defines "measurements" which includes finger-impressions, palm-print impressions, foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973. Section 3 of the act provides that,  Any person, who has been, convicted of an offence punishable under any law , ordered to give security for his good behaviour or maintaining peace under section 117 of the Code of Criminal Procedure, 1973 for a proceeding under section 107 or section 108 or section 109 or section 110 of the said Code; or  arrested in connection with an offence punishable under any law for the time being in force or detained under any preventive detention law, shall be required to allow his measurement to be taken by a police officer or a prison officer . As per Section 4, the National Crime Records Bureau (NCRB) has been the nodal agency to store the physical and biological samples, signatures and handwriting data. The act allows NCRB to preserve the data for at least 75 years. The NCRB has also been empowered to share the records with other law enforcement agencies. Section 6 penalises the person who will resist or refuse to allow the taking of measurements and this shall be deemed to be an offence under section 186 of the Indian Penal Code. Section 8 empowers the Central Government or the State Government to make rules for carrying out the purposes of the Act WHAT IS THE SIGNIFICANCE OF THIS ACT? The highlight of the new act is that it has provisions for using modern technologies and procedures to capture and record appropriate body measurements. The existing law only allowed authorities to take only fingerprint and footprint impressions of a limited category of convicted persons. The new act also expands the “ambit of persons” whose measurements can be collected will help the investigating agencies to obtain necessary legally admissible evidence and establish the crime of the accused person. The act will minimise the threat from organised crime, cybercriminals and terrorists who are proficient in identity theft and identity fraud. The act will help to check serious national and global threats posed by them.

Legal Current Affairs

Chief Justice of India NV Ramana Launches a software named 'FASTER'

The Chief Justice of India N V Ramana launched "Fast and Secure Transmission of Electronic Records" (FASTER), a software to transmit Court Orders swiftly, securely through electronic mode.During the launch event, the CJI said that the concept of FASTER took shape after reading a news report regarding prisoners not being released despite the Supreme Court granting them bail three days ago as the physical copies of the orders were not delivered to the prison officials. After that, the CJI-led bench took up a suo motu case and directions were issued to develop the electronic system. "The purpose of FASTER is, orders passed by the Supreme Court or any Courts have to be transmitted safety without interference by their party" the CJI said. 73 nodal officers have been selected at the High Court level to execute the software.There are total 1,887 email ids of the nodal officers and other officers. FASTER will communicate bail orders and it will have digital signature of SC officers for authentication. Communication is restricted to the email id holders which ensures privacy, safety and security.The FASTER (Fast and Secured Transmission of Electronic Records) system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.

Motivational Posts

[Motivational Post] Do you aspire to become a judge? Have you started your preparation?

Do you aspire to become a judge? Have you started your preparation? Below are the following tips that will help you while you prepare for the Judicial Services Examination The preparation involves two sides contribution. One is the knowledge, and second is the hard work, which is required from the side of the students. Later requires focussed selective study. As we all know hard work beats the talent when talent does not work hard. The small gap between a candidate and his goal is the “endeavour”. The journey of thousands miles begins with a single small step. Let us take that step with Your Lordships and assure your seat on the dais of the court room.You will never finish the journey, if do not start. So start your preparation from today itself. The greatest problem is that everyone thinks that he has ample time at his disposal, which is a misnomer. Daily preparation and consistency in studies is very important.   The competitive examination for judicial services involves struggle at three stages, viz., preliminary, mains and finally interview. Bare Acts are the back bone and basis for all the three stages of examination. The preliminary examination is objective type with negative marking for wrong answers. Thus, one has to be very conscious about the degree of correctness in mind before attempting a multiple choice question.The pin pointed and accurate study of the subject is required for attempting MCQ as opposed to mains, where you can deviate from 100% accuracy to some extent only. For mains examination,writing practice is required. Nowadays our fingers are working more on the key board.We should avoid digital dementia. Mock attempting papers from previous years to get the hang of completing the paper within stipulated time is equally important. Here time management is most important. If you are to attempt 5 questions, and one is left, you are simply out of competition.For time management, one should learnthe art of condensation and expansion. Use the headings ‘introduction’ in the beginning and conclusion in the end.Use graphical representations/diagrams.Use equation method.Use doctrine of ratio decidendi, and judicial precedent. Use names of the author of books, like D. F. Mulla in the beginning of answers.                    The interview is the stage, where you have to impress the interview board in the short time you have with them. So give your best in short time.Be honest during the interview. If you do not know answer of a particular question, frankly say, “I do not know sir”. Honesty is the best policy. It pays you in interview. There are few pitfalls. One should be very careful. The special emphasis is to be given to the untouched areas, likelocal Acts not covered in your LL.B., curriculum.The questions from local laws are normally compulsory.Practice of Judgment writing, precis writing, framing of charges and issues, drafting of plaints and W.S. are crucial. If you fail to attempt compulsory Question, you will be out of merit list. General Studies is always a deciding factor. Reading of one English and one Hindi Newspaper, taking important clippings, keeping them in Guard file/loading them on your lap top is must for preparation of General Studies. Translation from English to Hindi and vice versa also requires practice. Take paragraph from leading cases for this purpose.The preparation of case laws is equally vital. Only ratio decidendi part is to be taken note of.The Key to success is to prepare your own credit cards, i.e., shortest summary of your answer. It must not exceed on one side of only one A-4 sheet. Revise your credit cards, one week before your exams daily. The equation of memory Dear students, psychologically, for the purpose of your memory and retention in mind, 7 teachings are equivalent to one reading.7 Readings are equivalent to one writing. Hence, writing practice is a must. Lastly, 7 Writings are equivalent to one thought. So giving thought or pondering over the questions and their answers is very important.When you give thought to any concept, you tend to assimilate the subject matter. Assimilation is the most important word for your preparation for exams. Lastly, please remember that your mind is like a bank.What you deposit daily in it, is what you can withdraw and use in the examination hall.The consistency in deposit is the key to your success. Let us assure your seat on the dais of a court room with the help of Your Lordships.