Lok Sabha passes Advocates (Amendment) Bill, 2023 | https://www.barandbench.com/news/lok-sabha-passes-advocates-amendment-bill-2023

Advocates amendment bill 2023

@CurrentLegalGK

Indian Law Silent On Giving Child Right To Renounce Adoptive Parents: Amicus Tells Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-adoption-annulment-emancipation-detrimental-children-243768

The Kerala High Court today orally pointed the lacunae in law after a couple, who had adopted a girl child (now a major), sought its permission to annul the adoption on the ground that she hasn't integrated into the family.

The Single Judge Bench of Justice Devan Ramachandran was of the firm view that the provisions relied upon by the petitioners' counsel could not be invoked, since the child had now turned 18-years-old, due to which the Child Welfare Committee ('CWC') could not be approached for annulling the adoption.

"The child was a child when adopted, now she’s a woman. How will you annul it?...And where will she be sent? CWC has lost control over her now. They are not in charge. From today, I must treat her as a woman since she is now 18, not as a child. And I have to ensure her safety. You’ve given up, its now for me to take care of her. CWC cannot do anything now. If I declare so, she’ll be left nowhere. So I have to make sure she’s protected right away and I need a specialized agency for that. I am worried," Justice Ramachandran orally noted.

The adoptive parents had adopted the girl when she was still a child, from Ludhiana. The petitioners alleged that the child was unable to integrate with the family, and was also attacking the adoptive mother

😯👍

Basically the problem is– India is alien to the concept of emancipation laws.

🤔Think as if you were a judge in this case. What would you have done?

@CurrentLegalGK

Supreme Court Seeks Centre's Response On Plea To Allow Surrogacy For Single Unmarried women
https://www.livelaw.in/top-stories/supreme-court-seeks-centres-response-in-plea-seeking-to-allow-surrogacy-for-single-unmarried-women-243762

⚡ The petitioner has pointed out that Section 2(1)(s) of the Act bars single, unmarried women from availing surrogacy, but this is allowed for divorced/ widowed woman. This is manifestly arbitrary, the plea argues.

"This is manifestly arbitrary and irrational since in both cases the woman would be a single mother

⚡ The plea also challenges Section 2(1)(zg) of the Act and paragraph 1(d)(II), Form 2 of the Surrogacy (Regulation) Rules, 2022 which prohibits the use of donor eggs and requires single woman to only use self-eggs .This prohibition on the use of donor eggs denies the intending mother, the right to reproduction, right to found a family, right to meaningful family life and right to privacy, the plea argues.

⚡ The prohibition on any monetary compensation/ consideration to the Surrogate Mother effectively makes it impossible for the Petitioner to find a Surrogate Mother. The law instead of seeking to regulate surrogacy in effect bans it by imposing the requirement of altruistic surrogacy and violates the principle of

lex non cogit ad impossibilia

law does not compel the doing of impossibilities

------------------------------------
🤔 #Question

What is the Doctrine of Manifest Arbitrariness.

💡Hint: Shayara Bano v UOI 2017

@CurrentLegalGK

The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy (Regulation) Act, 2021 who are beyond the age limit prescribed under the Act.

"There are cases where people in their 60s are saying they want children. It is so difficult to bring up a child at that age. Once a child starts walking, you know how difficult it is to monitor a child. Under Adoption Act, there is a cap on the combined age for adoption. In their 60s, having a child is very difficult. The child wouldn't know whether to call them as a father or grandfather. We have to look at the child's point of view, whether they can take care of the child. It is very easy to bring a child into this world, but rear a child, educate a child is not easy. What about the rights of the child? Even normal people will think a 100 times before having in kid in their late 30s or 40s' Justice Nagarathna said.

💯CHILD centric aproach

“A”'s mobile was theft. Later “A” found his mobile in “X” Pocket. A caught “X” and take him to police station.

Police Officer ask “X” what you do with stolen property. “X” told there is “Y” shop who deals with stolen mobiles.

Police Officer & “A” told, keep this mobile and go to “Y” shop crack deal. We will caught “Y” also.

“X” goes to “Y” shop and crack deal. In consequences “Y” arrested.

“Y” prosecuted for S. 411 IPC

“Y” contended that, as per S. 410 IPC, the moment property goes back to Owner, then property will not be categorised as Stolen Property.

Therefore, “A” himself gives his mobile to “X” and there is No Theft, so No Stolen Property Offence.

⚡ Determine the Liability of “Y” as Trial Court Magistrate👨🏻‍⚖️👨‍⚖️

1. Theft
2. Criminal Breach of Trust
3. Receiving Stolen
Property
4. No Offence

@CurrentLegalGK

⚡ Jammu and kashmir reservation and reorganization bill passed by lok sabha

💯Jammu and Kashmir Reservation (Amendment) Bill, 2023 modifies the Jammu and Kashmir Reservation Act, 2004, which governs reservations in jobs and admissions to professional institutions for members of scheduled castes, scheduled tribes, and socially and educationally backward classes. Key features include the replacement of the phrase "weak and under-privileged classes" with "other backward classes" as declared by the Union Territory of Jammu and Kashmir. The bill eliminates the original definition of weak and under-privileged classes.

💯On the other hand, Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 amends the Jammu and Kashmir Reorganisation Act, 2019, which facilitated the reorganisation of the erstwhile state into the union territories of Jammu and Kashmir and Ladakh. This bill proposes to increase the total number of seats in the Jammu and Kashmir legislative assembly from 83 to 90, of which seven would be reserved for scheduled caste members and nine seats for legislators from scheduled tribes. Other features include the power of the lieutenant governor to nominate up to two members from the Kashmiri migrant community to the legislative assembly, with one nominee being a woman. Additionally, one member representing displaced persons from Pakistan-occupied Jammu and Kashmir may be nominated.

📝"Kashmiri Migrants" are defined as persons who migrated from the Kashmir Valley or any other part of the state of Jammu and Kashmir after November 1, 1989, and are registered with the Relief Commissioner.

During the discussion yesterday, several members of the opposition opposed the passing of the bill when the Supreme Court's judgment on the validity of the J&K Reorganisation Act 2019 and the abrogation of Article 370 is awaited. The opposition also questioned why elections have not been held in J&K for four years since the abrogation of the special status of the region.

Why 1989 Year is chosen by the bill drafters?

@CurrentLegalGK

Judicial Review Of Film Reviews
https://www.livelaw.in/articles/judicial-review-of-film-reviews-right-to-speech-expression-article-19-constitution-243792

Bhagwati Charan Shukla v. Provincial Government AIR 1947 wherein it was held that:

“…. That the effect of the words must be judged from the standards of reasonable, strong-minded, firm and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in every hostile point of view. This in our opinion, is the correct approach in judging the effect of exhibition of a film or of reading a book. It is the standard of ordinary reasonable man or as they say in English law, 'the man on the top of a Clampham omnibus”

#Copyright_act #IPR
@CurrentLegalGK