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#Chief Justice of Uttarakhand
navinsamachar · 11 months
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ब्रेकिंग-बड़ा समाचार: उत्तराखंड हाईकोर्ट से कई जिलों के जिला जजों (Judges) सहित कई न्यायिक अधिकारियों के स्थानांतरण के आदेश जारी
नवीन समाचार, नैनीताल, 30 अक्टूबर 2023। उत्तराखंड में अल्मोड़ा, पौड़ी व रुद्रप्रयाग के जिला जजों (Judges) सहित उच्च न्यायिक सेवा के कई न्यायिक अधिकारियों के स्थानांतरण किये गये हैं। उत्तराखंड उच्च न्यायालय के रजिस्ट्रार-न्यायिक की ओर से स्थानांतरण आदेश जारी किए गए हैं। जारी किये गये आदेशों के अनुसार पौड़ी के जिला जज आशीष नैथानी को हाईकोर्ट का रजिस्ट्रार जनरल बनाया गया है। जबकि, हाईकोर्ट के…
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beardedmrbean · 8 months
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LUCKNOW, India (AP) — Authorities in a northern Indian town imposed an indefinite curfew and ordered police to shoot violators after clashes over the construction of a Muslim seminary and a mosque left at least five people dead and more than 150 injured, officials said Friday.
The violence Thursday also led authorities to shut down internet services and schools in Haldwani, Uttarakhand state government official Chief Radha Raturi said.
The situation was brought under control with nearly 4,000 police officers rushing to the area, said police officer A.P. Anshuman. He said police were ordered to shoot protesters violating the curfew.
On Thursday, thousands of protesters tried to block government officials and police who arrived to demolish the seminary and mosque following a court order that the structures were being built on government land without local authorization, Anshuman said.
As violence escalated, police fired live ammunition and tear gas to disperse protesters using petrol bombs and stones to attack a police station and set several vehicles on fire, Anshuman said.
State police chief Abhinav Kumar said five people died in the violence. He did not give details but said no fresh violence was reported on Friday.
Government administrator Vandana Singh Chauhan over 150 police officers were injured and several people were hospitalized.
Anshuman did not say whether police fire killed the protesters. He also didn't identify the religion of the victims.
Haldwani is about 270 kilometers (170 miles) northeast of New Delhi.
Muslim groups and rights organizations have accused India’s Hindu-nationalist government of demolishing their homes and businesses in the past. Officials have defended their actions, saying they are only targeting illegal buildings, but critics call it a growing pattern of “bulldozer justice” aimed at punishing activists from minority group.
In a report released this week, Amnesty International condemned several instances of bulldozers razing Muslims’ homes, businesses and places of worship, which it said was often done under the guise of illegal encroachment and without adequate notice.
“The unlawful demolition of Muslim properties by the Indian authorities, peddled as ‘bulldozer justice’ by political leaders and media, is cruel and appalling. Such displacement and dispossession is deeply unjust, unlawful and discriminatory,” said Agnès Callamard, the rights group’s secretary general.
The group’s researchers found that between April and June 2022, authorities in five states used demolitions as punishment following incidents of communal violence or protests, and documented at least 128 demolitions during this period.
Critics and opponents have long accused Prime Minister Narendra Modi of looking the other way and sometimes enabling hate speech against Muslims, who comprise 14% of India’s 1.4 billion people.
Modi’s Bhartiya Janata Party denies the accusations.
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tfgadgets · 21 days
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Supreme Court On Uttarakhand Appointment
New Delhi: Uttarakhand Chief Minister Pushkar Singh Dhami’s move to appoint a controversial IFS officer as the director of the Rajaji Tiger Reserve, disregarding the opinions of the state’s forest minister and others, has drawn strong reprimand from the Supreme Court. Heads of governments cannot be expected to be “old days’ kings” and “we are not in a feudal era”, said the Bench of Justices BR…
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themovieblogonline · 2 months
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Gyaarah Gyaarah: Time-Traveling Thrills Coming to ZEE5 Global
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Brace yourself, fans! ZEE5 Global is about to drop a bombshell with their upcoming series Gyaarah Gyaarah. Set your calendars, or maybe your flux capacitors, for the Gyaarah Gyaarah release date of August 9th 1990. Wait, what? That’s right, this new ZEE5 sci-fi series is pulling us back to the past, and it's got the internet buzzing. https://www.youtube.com/watch?v=G5uOuFBZZVU Backed by the dream team of Karan Johar’s Dharmatic Entertainment and Guneet Monga Kapoor’s Sikhya Entertainment, Gyaarah Gyaarah promises to be a interesting ride. With stars like Raghav Juyal, Kritika Kamra, and Dhairya Karwa, this show is a blend of sci-fi, mystery, and drama. Imagine two police officers from different eras, linked by a mysterious walkie-talkie. It’s like if Sherlock Holmes had a hotline to the future. A Star-Studded Affair Raghav Juyal, who’s better known for his killer dance moves, takes the lead. You’ve seen him groove, now watch him solve crimes. Kritika Kamra and Dhairya Karwa join him in this epic tale, and we’re expecting some serious chemistry and intense drama. Directed by Umesh Bist, who has a knack for gripping storytelling, the series is set in the mystical hills of Uttarakhand. It’s an investigative drama that’s got suspense, thrills, and a hefty dose of “Wait, did that just happen?” The Plot Thickens The series spans two timelines: 1990 and 2016. The twist? A walkie-talkie that bridges these two eras. This is not your average cop drama but rather a sci-fi thriller that challenges our perception of time and justice. Imagine a police procedural that’s more “Back to the Future” than “Law & Order”. Archana Anand, the Chief Business Officer at ZEE5 Global, described it as a unique blend of genres that will connect deeply with viewers. Guneet Monga Kapoor, one of the producers, calls it a journey through uncharted territories. She’s not kidding. This show is wants to be mind bending and the goal is keeping audiences on the edge of their seats. Karan Johar chimed in, saying the series  is more than just a police procedural. It’s got mystery, philosophy, and enough twists to keep you guessing. He promises it will be a journey about not just who or where, but when. Intrigued yet? Why You Should Watch If you’re a fan of sci-fi, mysteries, or just good storytelling, this series is for you. It’s got a killer cast, a gripping plot, and the backing of some of the biggest names in the industry. Plus, it's exclusive to ZEE5 Global, so you know it’s going to be top-notch. Available in over 190 countries (sorry, North America and Korea), Gyaarah Gyaarah is set to premiere in November. So, get ready to binge-watch and unravel the mystery behind 9th August 1990.   Read the full article
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gobind-631 · 4 months
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….continues from previous…
[Section 4,Part 15.2.3]
As an aside:
***Is Kavita main 1400 crore wale (alleged)scam ke aarop ka zikr aata hai..(Ab badnam karne ke hisab se bhi aise kiya ja sakta hai/aise aarop lagaye jaa sakte hai..isse main inkaar nahi karta…(Ref. link below)
***Iss Kavita main uss 22-23rd Dec 1949 wali raat ka bhi zikr aata hai.. joh (hamesha se)mystery main shrouded rahi hai (aaj tak)…(Ab bhai iss wali baat ki sachai ka pata toh mujhe bhi nahi hai.. kahi padh rakha tha/hai bas)..(Ref. link below)..
*** Iss Kavita main unn Shankaracharya’s ka bhi zikr aata hai.. jihone boycott kar rakha hai/jinhone bycott karne ka ailaan kar rakha hai.. iss temple inauguration/Pran Prathishta wale din ka…(Ab pata nahi ..inke nahi aane ki decision ko kitna sahi ya galat mana jaana chahiye)(Ref. link below)
*** Is Kavita main uss judgement ka bhi zikr aata hai.. jisse kaafi log santhusht nahi rahe hai.. khas kar ki minority community wale(yeh natural bhi hai..aadmi ke favour main jab case nahi jaata..tab woh kaise khush reh sakta hai..hazar nuks nikalne lagta hai judgement main)(Ref. material pointed to by d pasted link below)…
Reference material used:Bear in mind ..am no way saying yahan par ki …aisi baaton main kuch sachai ho sakti hai..
Mehez aarop ho sakte hai.. yeh sab ke sab..
Propaganda kisam ka material zaroor ho sakta hai…(below)….yeh main manne ko tayyar hoon..
1.
https://openthemagazine.com/features/india/it-happened-one-night
2.
3.
4.
Iss link se sambandhit content ke zariye hum iss dispute ki timeline ko samajh sakte hai..
*************
Mahatma ji(kisi kagaz ko pakdate hue mujhse keh rahe the..):
Toh lijiye padhiye ab ise.. here..have scribbled it on a piece of paper.. dis poem..pls check it out for ur self…u may end up actually liking it too..
Whispers(In the Shadow of the Mandir/Mandir ke saye main..)
In the heart of Ayodhya..under the open sky…
Where faith’s roots intertwined…with history’s sigh…
A spire rises…a testament bold..
In stones..a saga…centuries old..
In the shadow of the Mandir..there we stand…
A minority’s whisper …across the land…
Memories of Babri..like embers..still glow..
In the ashes of history..our silent stories flow…
The gavel fell..Justice’s hand did steer..
In corridors of power..the verdict was clear…Yet in our hearts..the questions remained..
In the script of the judgment..our hopes restrained…
Whispers of a scam..fourteen hundred crore..
Echo through the alleys..of the poor…
A temple for some..a symbol revered..
For others..a reminder of the dreams that disappeared…
Amidst December’s chill..whispers grew in might…
On a night of 22nd..under the cover of no light…
Idols appeared..as though by divine hand…
In the sacred space…where once others did stand…
A turn of events..altering the land’s heart…
Decades of discourse…from this moment start…
In the annals of Ayodhya..this night forever marked…
In the whispers of the shadows..its echoes sparked…
From the lanes of Ayodhya…to the halls of Delhi..
The story is told..the narrative set free..
But in the quiet corners..where minorities dwell…
There’s a different tale..a different spell..
In the shadow of the Mandir..under the crescent moon..
Our prayers ascend..a different tune…
For a land where every faith can find its place..
In the heart of India…a diverse embrace.
Let the temple rise..let the bells ring clear..
But let not it drown..the voices you need to hear…
In the story of a land..rich and diverse..
Every voice..every whisper..forms the universe…
So here we stand..in hope and in fear..
In the shadow of the Mandir..year after year..
Seeking a future where all can belong..
In the tapestry of India…diverse and strong…
[Section 4,Part 15.2.4]… to follow..
*************
PS:
Iss(below)material se sambandhit verse bhai?…woh kahan gaya?
Yehi soch rahe ho na aap log.
Baad main discuss karne walla hoon..(iss vishay se sambandhit)..uss missing verse ke baare main..theek hai na?…
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scriblingscapes · 8 months
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A day after Uttarakhand Chief Minister Pushkar Singh Dhami introduced the Uniform Civil Code (UCC) Bill, the state Assembly passed it on Wednesday. With the House nod, Uttarakhand became the first state in the country to implement a Uniform Civil Code, which presents common law for marriage, divorce, inheritance of property, etc.
The UCC Bill, which will now become an Act is based on the draft submitted by a high-level committee formed by the Uttarakhand government under the chairmanship of retired Supreme Court judge Justice Ranjana P Desai.
Uttarakhand UCC: Tribals to remain out of purview
The Uniform Civil Code brings a common law for marriage, divorce, inheritance of property, etc., which were earlier governed by personal laws of every religion. The common code bars bigamy (marrying one person while still legally married to another) and polygamy (having multiple spouses simultaneously).
The Uttarakhand government has cleared that the members belonging to the Scheduled Tribes (ST) community will remain out of the purview of the Uniform Civil Code. The UCC will not apply to "members of any Scheduled Tribes within the meaning of clause (25) of Article 366 read with Article 142 of the Constitution of India and the persons and group of persons whose customary rights are protected under Part XXI of the Constitution of India."
The Way Forward for UCC: Gradual Change
India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.
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all-about-news24x7 · 1 year
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Draw up different SOPs for attacks by elephants, bears and leopards: Nainital High Court - Pioneer Edge | Uttarakhand News in English | Dehradun News Today| News Uttarakhand
Thursday, 15 June 2023 | PNS | DEHRADUN While hearing a public interest litigation on controlling human-wild life conflicts, Nainital High Court’s division bench of the Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal asked the principal secretary forest R K Sudhanshu to ensure that separate  standard operation procedures (SOPs) are firmed up for attacks by elephants, bears and leopards.…
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freelawbydjure · 1 year
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New supreme court updates on 27 April, 2023
Appointment of 11 judicial officers and 2 advocates as Additional High Court Judges, Centre recommends transfer of two High Court judges
27 April, 2023
Today, the Central Government notified the appointment of 11 Judicial Officers and 2 Advocates as Judges in the High Courts. Also, the transfer of two High Court Judges was also notified. The announcement was also shared on Twitter by Law Minister Kiren Rijiju, “In exercise of the power conferred by the Constitution of India, the resident of India, after consultation with the Chief Justice of India, is pleased to appoint the following as Judges in the High Courts and also transfer High Court Judges.” The names recommended for fresh appointment of High Court judges were:
Sanjay Kumar Jaiswal (Judicial Officer)
Girish Kathpalia (Judicial Officer)
Manoj Jain (Judicial Officer)
Roopesh Chandra Varshney (Judicial Officer)
Smt. Anuradha Shukla (Judicial Officer)
Sanjeev Sudhakar Kalgaonkar (Judicial Officer)
Prem Narayan Singh (Judicial Officer)
Achal Kumar Paliwal (Judicial Officer)
Hirdesh (Judicial Officer)
Avnindra Kumar Singh (Judicial Officer)
Vivek Bharti Sharma (Judicial Officer)
Rakesh Thapliyal (Advocate)
Pankaj Purohit (Advocate)
The Union Government appointed Judicial Officer Sanjay Kumar Jaiswal as the Additional Judge of the Chhattisgarh High Court. Also, Judicial Officers Manoj Jain and Girish Kathpalia were appointed as Additional Judges of the Delhi High Court. In addition, Judicial Officers Sanjeev Sudhakar Kalgaonkar and Smt. Anuradha Shukla were appointed as the Madhya Pradesh High Court Judges. Moreover, Advocates Pankaj Purohit and Rakesh Thapliyal were appointed as Uttarakhand High Court Judges. Apart from this, the Patna High Court judge, Justice Sanjeev Prakash Sharma, was transferred as a judge of the Punjab and Haryana High Court, and Judge of the Madhya Pradesh High Court was appointed as the judge of the Jammu & Kashmir and Ladakh High Court.
Also Read: Legal News
Next hearing of the same-sex marriage issue fixed for May 3, 2023,
27 April, 2023
Today, while fixing the date of May 3, 2023, for the next hearing of the same-sex marriage recognition case Chief Justice of India DY Chandrachud said that “the apex Court is dealing with a ‘very complex subject’ which has a profound social impact.” For the sixth day, the Constitution bench was hearing the matter. The other judges of the Constitution bench including Justice S Ravindra Bhat, Justice Sanjay Kishan Kaul, Justice Hima Kohli, and Justice PS Narasimha were hearing a batch of petitions regarding the recognition of queer marriages. While hearing the arguments, various issues were raised in relation to adoption, and LGBTQIA rights. The matter now will be resumed as mentioned by CJI on Wednesday (May 3, 2023).
Also Read: Legal Articles
Women Wrestlers’ Sexual Harassment Case: Delhi Police to Register FIR against WFI President Brij Bhushan Sharan Singh
28 April, 2023
On April 28, 2023 (Friday), the Supreme Court of India was hearing the petition filed by Indian wrestlers seeking action (FIR registration) against Brij Bhushan Sharan Singh, WFI (Wrestling Federation of India) President, regarding sexual harassment. Earlier on April 25, 2023, the case was mentioned before the top Court where the then bench issued notice to Delhi Police on the request of complainants (women wrestlers). Today, the Delhi Police told the bench, Chief Justice of India DY Chandrachud and Justice PS Narasimha, that it will register the FIR.
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latestnews2024 · 2 years
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Supreme Court to hear today plea seeking national disaster tag for 'sinking' town
Supreme Court to hear today plea seeking national disaster tag for ‘sinking’ town
Joshimath crisis: Supreme Court to hear today plea seeking national disaster tag for ‘sinking’ town (file photo) Joshimath sinking: As the hill town of Joshimath in Uttarakhand continues to witness land subsidence, a plea seeking the Supreme Court’s intervention to declare the crisis as a national disaster will be heard by the top court on Monday. A bench comprising Chief Justice DY Chandrachud…
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latestnews23 · 2 years
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Supreme Court to hear today plea seeking national disaster tag for 'sinking' town
Supreme Court to hear today plea seeking national disaster tag for ‘sinking’ town
Joshimath crisis: Supreme Court to hear today plea seeking national disaster tag for ‘sinking’ town (file photo) Joshimath sinking: As the hill town of Joshimath in Uttarakhand continues to witness land subsidence, a plea seeking the Supreme Court’s intervention to declare the crisis as a national disaster will be heard by the top court on Monday. A bench comprising Chief Justice DY Chandrachud…
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rnewspost · 2 years
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SC dismisses PIL challenging committees set up by Gujarat and Uttarakhand for Uniform Civil Code | India News
SC dismisses PIL challenging committees set up by Gujarat and Uttarakhand for Uniform Civil Code | India News
NEW DELHI: The Supreme Court on Monday refused to entertain a PIL challenging the decisions of the Uttarakhand and Gujarat governments to constitute committees for implementing Uniform Civil Code (UCC) in their respective states.A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said the plea filed by Anoop Baranwal and others is devoid of merit and does not warrant to be…
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theechudar · 2 years
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SC dismisses PIL challenging committees set up by Gujarat and Uttarakhand for Uniform Civil Code | India News
SC dismisses PIL challenging committees set up by Gujarat and Uttarakhand for Uniform Civil Code | India News
NEW DELHI: The Supreme Court on Monday refused to entertain a PIL challenging the decisions of the Uttarakhand and Gujarat governments to constitute committees for implementing Uniform Civil Code (UCC) in their respective states.A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said the plea filed by Anoop Baranwal and others is devoid of merit and does not warrant to be…
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newspro24x7 · 2 years
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Former CM Harish Rawat sat on a 24-hour dharna demanding justice for Ankita
Former CM Harish Rawat sat on a 24-hour dharna demanding justice for Ankita
Former Chief Minister of Uttarakhand CM Harish Rawat is sitting on a 24-hour dharna outside Gandhi Park in Dehradun. Harish Rawat has started his dharna today from 12 noon on Monday. Their strike will continue till 12 noon tomorrow. Harish Rawat demands that the name of the VIP who is being discussed in the Ankita murder case should be revealed. Harish Rawat had also appealed to various…
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newsreadersin · 2 years
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Ankita Murder Case: Harish Rawat said – all parties should be together for justice to daughter
Ankita Murder Case: Harish Rawat said – all parties should be together for justice to daughter
Former Chief Minister of the state Harish Rawat said that he fully agrees with the top leadership of Uttarakhand BJP that daughters are the collective pride of the state. In such a situation, for justice to Ankita and other daughters why alone, all parties should join the dharna to be held at Gandhi Park on 26th December. The former chief minister of the state said that he is ready even if the…
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themovieblogonline · 2 months
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Gyaarah Gyaarah: Time-Traveling Thrills Coming to ZEE5 Global
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Brace yourself, fans! ZEE5 Global is about to drop a bombshell with their upcoming series Gyaarah Gyaarah. Set your calendars, or maybe your flux capacitors, for the Gyaarah Gyaarah release date of August 9th 1990. Wait, what? That’s right, this new ZEE5 sci-fi series is pulling us back to the past, and it's got the internet buzzing. https://www.youtube.com/watch?v=G5uOuFBZZVU Backed by the dream team of Karan Johar’s Dharmatic Entertainment and Guneet Monga Kapoor’s Sikhya Entertainment, Gyaarah Gyaarah promises to be a interesting ride. With stars like Raghav Juyal, Kritika Kamra, and Dhairya Karwa, this show is a blend of sci-fi, mystery, and drama. Imagine two police officers from different eras, linked by a mysterious walkie-talkie. It’s like if Sherlock Holmes had a hotline to the future. A Star-Studded Affair Raghav Juyal, who’s better known for his killer dance moves, takes the lead. You’ve seen him groove, now watch him solve crimes. Kritika Kamra and Dhairya Karwa join him in this epic tale, and we’re expecting some serious chemistry and intense drama. Directed by Umesh Bist, who has a knack for gripping storytelling, the series is set in the mystical hills of Uttarakhand. It’s an investigative drama that’s got suspense, thrills, and a hefty dose of “Wait, did that just happen?” The Plot Thickens The series spans two timelines: 1990 and 2016. The twist? A walkie-talkie that bridges these two eras. This is not your average cop drama but rather a sci-fi thriller that challenges our perception of time and justice. Imagine a police procedural that’s more “Back to the Future” than “Law & Order”. Archana Anand, the Chief Business Officer at ZEE5 Global, described it as a unique blend of genres that will connect deeply with viewers. Guneet Monga Kapoor, one of the producers, calls it a journey through uncharted territories. She’s not kidding. This show is wants to be mind bending and the goal is keeping audiences on the edge of their seats. Karan Johar chimed in, saying the series  is more than just a police procedural. It’s got mystery, philosophy, and enough twists to keep you guessing. He promises it will be a journey about not just who or where, but when. Intrigued yet? Why You Should Watch If you’re a fan of sci-fi, mysteries, or just good storytelling, this series is for you. It’s got a killer cast, a gripping plot, and the backing of some of the biggest names in the industry. Plus, it's exclusive to ZEE5 Global, so you know it’s going to be top-notch. Available in over 190 countries (sorry, North America and Korea), Gyaarah Gyaarah is set to premiere in November. So, get ready to binge-watch and unravel the mystery behind 9th August 1990.   Read the full article
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legalupanishad · 2 years
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Uniform Civil Code: Background and Recent Developments
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This article on 'Uniform civil code: Background and Recent Developments' was written by Rosy Adhikary, an intern at Legal Upanishad.
Introduction
The chairman of the National Human Rights Commission, Justice (ret.) Arun Kumar Mishra has spoken for the Uniform Civil Code, arguing that it is crucial to protect women from discrimination. The Uttarakhand government formed an expert panel to examine and implement the Uniform Civil Code (UCC) throughout the state. The following state was Gujarat, followed by Himachal Pradesh. State officials intend to implement a uniform civil code, according to Uttar Pradesh’s deputy chief minister Keshav Prasad Maurya. Madhya Pradesh has also made the decision to establish a commission to investigate how the Uniform Civil Code is being applied (UCC). In November, we learned that Basavaraj Bommai, the chief minister of Karnataka, had stated that he was gathering information about events in many states and what the Constitution says in accordance with the “Uniform Civil Code” (UCC). As a result, in line with what I said before, the article’s main focus is on the Uniform Civil Code and how it has evolved through time.
What is the Uniform Civil Code (UCC)?
A single civil code that could be applicable to all religious groups is based on the principle of one nation, one law. The phrase “Uniform Civil Code” is mentioned expressly in Part 4, Article 44, of the Indian Constitution. According to Article 44, the States parties undertake to secure for the Citizens a civil code that is uniform throughout the entirety of India.
Background
The following changes have occurred to the uniform civil code from colonial times; Pre-Independence (colonial era) (colonial era) The October 1840 Lex Loci Report identified several areas wherein universality in the formulation of Indian law was crucial, including crimes, proof, and contracts. Contrarily, it was also suggested against codifying Islamic and Hindu personal law. In 1859, the Queen’s Proclamation promised to have no bearing whatsoever on matters of religion since personal laws are still governed by locally unique laws, even though the country’s criminal laws have been codified and declared universal. Following the end of British rule, there were more laws addressing personal issues, therefore the B N Rau Committee was founded in 1941 by the government to codify Hindu law. The Hindu Law Committee was charged with examining the issue of whether common Hindu laws were necessary. A codified Hindu legislation that would grant women equal rights was advocated by the committee in accordance with the scriptures. After a study of the 1937 Act, the idea for a legal code of marriage and inheritance for Hindus was put out. After the Constitution was adopted in 1951, a select committee headed by B. R. Ambedkar was convened, and they were given the Rau Committee report’s draught to review. In order to update and codify the laws that regulate a will or unwilled succession among Hindus, Buddhists, Jains, and Sikhs, the Hindu Succession Act was subsequently passed in 1956. Post-Colonial era (1947-1985) Famous individuals like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a standard civil code during the constitution’s construction. But due to opposition from religious conservatives and a lack of knowledge in general at the time, they chose to include the UCC in the Directive Principles of State Policy (DPSP, Article 44). Muslim officials emphasised the necessity of following individual Islamic rules based on religious practises. Because of this, only Article 44 of the Indian Constitution may mention UCC. Goa Following its independence, the State of Goa adopted the Portuguese Civil Code, which imposed a UCC on all of its inhabitants. This code states that a husband and wife own all property that each spouse possesses and owns jointly. Even parents are prohibited from fully disinheriting their kids; nearly half of the estate must go to them. Muslims who have been legally married in Goa are not allowed to practice polygamy.
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Uniform Civil Code: Background and Recent Developments
Cases
- Shah Bano case: Shah Bano, 73, was refused alimony while her husband filed for divorce using the triple talaq method, which includes saying "I divorce thee" three times. She appeared in court, and the District Court and the High Court both decided in her favour. Her husband then appealed the decision to the Supreme Court, saying that he had fulfilled all of his obligations under Islamic law. Under the Criminal Procedure Code’s “support of spouses, children, and parents” provision (Section 125), which belongs to all people irrespective of faith, the Supreme Court rendered a decision in her favour in 1985. Additionally, it advocated for the creation of a standard civil code. - Daniel Latifi Case: The Muslim Women's Act (MWA) was challenged on the claim that this really violated both Article 21's right to life and Articles 14 and 15's and 21's right to equality. The Supreme Court found that a wife's iddat payment must be sufficient to sustain her both now and in the future, upholding the validity of the provision and harmonising it with section 125 of the Criminal Procedure Code. According to local regulations, a Muslim woman who has been divorced is entitled to support for the rest of her life or until she marries again. According to the news website LiveLaw, the Allahabad High Court similarly referred to UCC as a “necessity” in November 2021 and stated that it was “mandatorily essential today.” The court was considering a number of petitions filed by interfaith couples seeking protection when it emphasised the necessity of a “single-family code” to prevent such couples from being “hounded as criminals.”
Conclusion
The lack of a unified civil code in India reduces the likelihood of overall social growth in that nation. The present administration has taken commendable steps to achieve gender equality, such as raising the marriageable age for girls from 18 to 21.
References
- Patil Amruta( Nov 30, 2022) Uniform Civil Code - Indian Polity Notes available at https://prepp.in/news/g-44413-uniform-civil-code-indian-polity-notes - DHEYA IAS ,Uniform Civil Code: A necessity?: Daily Current Affairs available at https://www.dhyeyaias.com/current-affairs/daily-current-affairs/uniform-civil-code-a-necessity - BYJU’S Exam prep, Uniform Civil Code - Challenges, Suggestions & Debate On UCC available at https://byjus.com/free-ias-prep/need-for-a-uniform-civil-code-in-a-secular-india/ - ABHINAV MEHROTRA , Uniform Civil Code (UCC) in India: An overview (6 January 2022) available at https://www.orfonline.org/expert-speak/uniform-civil-code-ucc-in-india-an-overview/ - Uniform Civil Code – Challenges, Suggestions & Debate On UCC Civil Code - Challenges, Suggestions & Debate On UCC Read the full article
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