Legislation UpdatesNotifications

S.O. 1700(E).— In exercise of the powers conferred by sub-section (4) of the Section 3 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) and in supersession of the notification of the Government of India in the erstwhile Ministry of Social Justice and Empowerment vide number S.O.881 (E) dated the 22nd September, 2000 published in the Gazette of India, Part II, Section 3, sub-section (ii), dated 25th September, 2000, the Central Government hereby reconstitutes the Board of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities with immediate effect.

Please follow the link for detailed notification: NOTIFICATION


[Notification dt. 03-05-2019]

Ministry of Social Justice and Empowerment

Case BriefsForeign Courts

Supreme Court of Pakistan: The Division Bench of Qazi Faez Isa and Mazhar Alam Khan Miankhel, JJ. dismissed a petition challenging assailing the judgment of Peshawar High Court vide which custody of a minor girl was handed over to her mother.

Petitioner herein, father of the minor, submitted that the child did not even recognize her mother and was not ready to go with her. He also relied on the decision of a jirga, which had decided that the custody of child should remain with the petitioner-father.

The Court noted that the petitioner worked as a labourer in Dubai and her stepmother and a divorcee sister of the petitioner looked after the child. The petitioner also had three children from his second wife. However, the respondent had not married again after divorce from the petitioner.

At the outset, the Court opined that a jirga has no legal authority to decide custody of children, and in doing so, it violated the law and Islamic injunctions. A mother cannot be compelled to part with her child by a jirga. Mother cannot be called upon to barter the right to her child’s custody to secure a divorce, nor can a child be used to settle personal scores.

The Court placed reliance on Razia Bibi v. Riaz Ahmad, 2004 SCMR 821 and opined that poverty on the part of a lady is no ground to disentitle her from the custody of minor. It was held that welfare of the minor is of paramount consideration in determining custody, and principles of hizanat must be adhered to unless there are valid reasons not to do so. The dictum in Rubia Jilani v. Zahoor Akhtar Raja, 1999 SCMR 1834 was relied on in this regard.

In view of the above, the petitioner was directed to, immediately and peacefully, handover the minor girl to her mother.[Bat Khan v. Sherin Bibi, Civil Petition No. 809-P of 2018, Order dated 08-02-2019]

Conference/Seminars/LecturesLaw School News

Society for the Advancement of Animal and Environmental Welfare, Friends Beyond Species (National Law University Odisha, Cuttack) will be hosting the first of its kind conference in collaboration with Humane Society International India on Animal and Environmental Welfare with specific emphasis on Wildlife Conservation and Emerging Trends on 25th – 26th September, 2018.

As a pioneering venture the Journal for Animal and Environmental Welfare (JAELW) will also be launched at the aforementioned event publishing the shortlisted research papers. In pursuance of this the Society for the Advancement of Animal and Environmental Welfare (NLUO) hereby invites your valued contributions for the 1st Issue of the mentioned journal in the form of research papers.

Theme: Wildlife Conservation and Sustainability

Sub-themes

  1. Human-wildlife interactions: Does conservation lead to conflict?
  2. Community Conservation: A critical tool for wildlife protection
  3. Environmental Entrepreneurship as a tool for livelihood of local communities and conservation
  4. Illegal Wildlife Trade: Technology enables policing and traceability
  5. Role of citizen science in wildlife management
  6. Institutional governance and legal requirements for co-existence
  7. Live elephant trade in India: Legal and Illegal
  8. Use of social science in wildlife conservation
  9. Zoo: Wildlife Conservation or Violation of Animal Rights
  10. Wildlife Crimes and Law: International Accords and Treaties
  11. National Policy and Legal Framework to curb wildlife trade
  12. Tourism Industry, Environment and Wildlife – Impact and Legal Challenges

Important Dates

  • Last date for Abstract submission: 20th August, 2018
  • Intimation to authors (short listing of abstracts): 23rd August, 2018
  • Last date for payment of registration fee: 1st September, 2018
  • Last date for final paper submission: 16 September, 2018; 23:59 hours

Submission Guidelines: Submissions may be in the form of Articles (3,500-6,000 words).

The word count is exclusive of footnotes. The body of the manuscript should be in Times New Roman, size 12 with 1.5 spacing.

The footnotes should be in Times New Roman, size 10 with single spacing. Submissions must conform to the OSCOLA format of citation and include a 250 word abstract that briefly summarises the paper.

The last date for submission of abstract is 20th August, 2018

The last date for submission of complete paper is 15th September, 2018.

Submissions are to be e-mailed tocaew@nluo.ac.in with the subject heading ‘Volume I – JAELW Submission’.

The e-mail should indicate which sub-theme the paper is intended for. Further, it should also contain the name of the author, qualifications, title of the manuscript and contact information.

Please note that no information that could identify the author should be included in the manuscript. Co-authorship is allowed.

Registration fee and details

For Students (Single Author) – Rs 700; Co-authorship – Rs 1200

For Academicians/Professionals (Single Author) – Rs 1000; Co-authorship – Rs 1500

Candidates who only want to attend the conference, can get themselves registered by sending a mail at caew@nluo.ac.in along with some essential details (Name, University’s Name, Contact details) latest by 23 August 2018 (23:59 hours) Registration Fee (for candidates who only want to attend the conference)- Rs 400

Accommodation: Rs 500 per day/per head

Mode of Payment will be conveyed to the participants after the shortlisting of abstracts is done.

Contact: For submissions and/or queries, write to us at: caew@nluo.ac.in.

  • Meghna Lal (Convener): 9406955452
  • Ayushi Hatwal (Co-convener): 8763276308
Click HERE for Information Brochure.

Bail Application
Case BriefsHigh Courts

Himachal Pradesh High Court: The Single Judge Bench comprising of Tarlok Singh Chauhan, J., addressed a very unusual petition in which the court exercised its “parens-patriae” jurisdiction.

In accordance to the facts of the case, petitioner is said to have requested her parents to marry “L” who is a facebook friend of the petitioner/ “K”, but after several attempts also petitioner’s parents did not agree for the marriage and instead they lodged a complaint against “L” under Sections 363, 366 376  IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. Further the petitioner was handed over to her parents when she had claimed to have married “L” but later the petitioner came back to “L’s” house.

On filing the instant petition, the petitioner had sought reliefs on not being restrained by her parents or the police from living in her husband’s house or from any kind of harassment and also provision of police protection.

However, the Court had earlier asked for a status report in which it was seen that the petitioner is happily living with “L’s” parents and is being treated well by them. On looking at this report the Court directed that no authority shall remove the petitioner from such custody without the leave of this Court.

Therefore, the Hon’ble High Court, exercised “parens-patriae” jurisdiction to secure the welfare of the minor by taking instance from the Supreme Court case of Lata Singh v. State of U.P., (2006) 5 SCC 475 and proposing to the petitioner to live at Balika Ashram till the time she attains the age of majority and thereby, she will be free to go anywhere, marry anyone and love anyone she likes on reaching the age of majority, till that time no authority or person shall have the permission of the Court to take the petitioner from the Balika Ashram. [‘K’ v. State of H.P., 2018 SCC OnLine HP 432, dated 12-04-2018]

Bail Application
Case BriefsHigh Courts

Himachal Pradesh High Court: A Division Bench comprising of Tarlok Singh Chauhan and Chander Bhusan Barowalia, JJ., decided a criminal writ petition, wherein the minor petitioner was sent to Balika Ashram considering welfare of the minor child.

The petitioner was a minor girl who met one ‘L’ through facebook and they developed mutual feelings for each other. The petitioner expressed to her parents that she wanted to marry ‘L’, but her parents did not agree. However, the petitioner married ‘L’ against wishes of her parents and was living with his family. The parents of the petitioner lodged complaint against ‘L’ under various sections of IPC and the POCSO Act, pursuant to which ‘L’ was arrested. The petitioner was handed over to her parents by the police. However, the petitioner came back and was since then living with parents of ‘L’. Question before the Court in this case was whether it should continue to entrust the custody of the minor child to father of ‘L’?

The Court took notice of the fact that despite being served, father of the petitioner did not appear in the Court. It was observed that in such like cases, the court has to exercise parens-patriae jurisdiction as first and paramount consideration is the welfare of the minor child, especially when natural parents refuse to accept the child. The Court held that though father of ‘L’ kept the petitioner like his own daughter, yet the custody of the petitioner could not be granted to him, as on the date he had virtually no relation with the petitioner. In the given circumstances, the Court was of the considered opinion that sending the petitioner to Balika Ashram till the time she attains majority, would be in her best interest. After that she would be free to go wherever she likes and marry whoever she wants. Directions were made accordingly. [‘K’ v. State of H.P., 2018 SCC OnLine HP 432, order dated 12.4.2018]