Problems of India's Changing Family and State Intervention
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THE CONSTITUTION (AMENDMENT) BILL, 2016 By
1 AS INTRODUCED IN LOK SABHA Bill No. 218 of 2016 THE CONSTITUTION (AMENDMENT) BILL, 2016 By SHRI SADASHIV LOKHANDE, M.P. A BILL further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2016. Short title. 2 Omission of 2. Article 44 of the Constitution shall be omitted. article 44. Insertion of 3. After Part IVA of the Constitution, the following Part and articles thereunder shall be new Part IVB. inserted, namely:— "PART IVB UNIFORM CIVIL LAW 5 Definition. 51B. In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III. Uniform civil 51C. The State shall, within one year of coming into force of this Act, secure for the code for the citizens a uniform civil code throughout the territory of India.". citizens. STATEMENT OF OBJECTS AND REASONS The founding fathers of the Constitution while framing the Constitution of India have been instrumental in including uniform civil laws for all citizens throughout the country. It was therefore included as a Directive Principle of State Policy under article 44 which requires the State to secure for the citizens of India a Uniform Civil Code throughout the territory of India. However, even after sixty-six years of the framing of the Constitution, the Uniform Civil Code is yet to be enacted. India is a country of multi-religions and every religion has its own set of personal laws to govern their respective personal matters like marriages, adoption, succession, etc. -
Rajya Sabha —— List of Business
RAJYA SABHA —— LIST OF BUSINESS Friday, July 23, 2021 _______ 11 A.M. ——— MOTION FOR ELECTION TO THE COCONUT DEVELOPMENT BOARD, KOCHI SHRI NARENDRA SINGH TOMAR to move the following Motion:— “That in pursuance of clause (e) of sub-section (4) of Section 4 of the Coconut Development Board Act, 1979 (No.5 of 1979), read with clauses (i) and (ii) of sub-rule (1) of Rule 4 of the Coconut Development Board Rules, 1981, this House do proceed to elect, in such manner as the Chairman may direct, one Member from amongst the Members of the House to be a member of the Coconut Development Board.” ———— #QUESTIONS QUESTIONS entered in separate lists to be asked and answers given. ———— (FROM 2.30 P.M. TO 5.00 P.M.) PRIVATE MEMBERS’ LEGISLATIVE BUSINESS Bills for introduction 1. DR. KIRODI LAL MEENA to move for leave to introduce a Bill to The Uniform Civil provide for the constitution of the National Inspection and Investigation Code in India Bill, Committee for preparation of Uniform Civil Code and its implementation 2020. throughout the territory of India and for matters connected therewith or incidental thereto. ALSO to introduce the Bill. 2. SHRI V. VIJAYASAI REDDY to move for leave to introduce a Bill The Right of further to amend the Right of Children to Free and Compulsory Education Act, Children to Free 2009. and Compulsory Education ALSO to introduce the Bill. (Amendment) Bill, 2020. 3. SHRI V. VIJAYASAI REDDY to move for leave to introduce a Bill The Constitution further to amend the Constitution of India. -
Child Welfare: a Critical Analysis of Some of the Socio-Legal Legislations in India
IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 19, Issue 8, Ver. II (Aug. 2014), PP 54-60 e-ISSN: 2279-0837, p-ISSN: 2279-0845. www.iosrjournals.org Child Welfare: A critical analysis of some of the socio-legal legislations in India Prof. Shilpa Khatri Babbar Sociology Professor at Vivekananda Institute of Professional Studies, Delhi (Affiliated to Guru Gobind Singh Indraprastha University, Delhi, India) Abstract: Children are a human resource, invaluable but vulnerable. It is very essential to enable their development in such a manner that they bloom with joy in an atmosphere of a caring society. Various social legislations in India, focusing on an environment for a full booming of this essential human resource have undergone a sea change: from a position where children were treated as non-entity and mere material objects to a position of human dignity where conscientious efforts have been made to not only make them free from exploitation and abuses but also enable them to develop their full potentiality with fair access to food, health, education and respect. This paper makes a critical analysis of the existent legislations on child labour, issues related to adoption and sexual abuse of children. Keywords: Adoption, Child Labour, Devadasis, Juvenile Justice, POCSO I. Introduction The Charter of Rights of Children (CRC) or the Geneva Declaration made by International Labour Organization (ILO) in 1924 was the first humanist effort to help their amelioration and to protect them against hazardous employment. Through a series of Recommendations and Conventions, the ILO had sensitized the public policy and influenced national policies especially against child labour. -
Discerning the Need for an Uniform Civil Code (UCC)
International Journal of Economic Research Volume 16 • Number 1 • 2019, ISSN 0972-9380 available at http: www.serialsjournal.com Discerning the Need for an Uniform Civil Code (UCC) G.S. Suvethan* , R. Niranjan** and Tejashwini Kuna*** *Email ID: [email protected] **Email ID: [email protected], Mount Carmel College (MCC) - III-Year BA.(P.E.S) ***Email ID: [email protected] Tamil Nadu Dr. Ambedkar Law University, School of Excellence In Law (SOEL) – III-Year B.com.,LLB (Hons) SALUS POPULI SUPREMA LEX ESTO Abtracts: “Let the good of the people be the supreme.” This paper focuses on how an Uniform Civil Code (UCC) can increase the possibility of a better nation. India is replete with a large number of religions and cultures enriching the diversity. These differnces have played a crucial role in effecting legal and judicial transformation, however certain religious squabbles across the spectrum of various scopes have tended to converge on different sets of conflicts , but continue to diverge in the name of religion which sometimes ameliorate modern India as well as drown her. Article 44 of the Indian Constitution as well as numerous judicial precedents formed in cases such as the Mohd. Ahmed Khan v. Shah Bano Begum 1, etc. considered by many as a pioneer judgement in India had revamped the entire situation. But on a broader perspective, what is the next change in the understanding of all religions? For this a clear cut research and definition of UCC and how it can be used while safe guarding all religions is the need of the hour. -
How Can Families Be Imagined Beyond Kinship and Marriage?
ISSN (Online) - 2349-8846 How Can Families be Imagined Beyond Kinship and Marriage? ARIJEET GHOSH DIKSHA SANYAL Arijeet Ghosh ([email protected]) is a project officer at Commonwealth Human Rights Initiative, New Delhi. Diksha Sanyal ([email protected]) is at School of Oriental and African Studies, London. Vol. 54, Issue No. 45, 16 Nov, 2019 The Transgender Persons (Protection of Rights) Bill, 2019 and the Surrogacy Regulation Bill, 2019 reinforce the idea of family as a patriarchal, heterosexual and casteist institution and fail to account for other models of "chosen families'"and intimacies that co-exist in India. Given that the Supreme Court has recognised the right to intimacy as a core component of autonomy and privacy, the article makes a case for the law to fundamentally rethink the way it regulates personal relationships and in doing so, adopt a more functional" approach. On 5 August 2019, the Lok Sabha passed the Transgender Persons (Protection of Rights) Bill, 2019 (hereinafter the transgender bill, 2019) and the Surrogacy (Regulation) Bill, 2019 (hereinafter the surrogacy bill, 2019) without due deliberations. These bills which reinforce patriarchal, heteronormative, and casteist values of the "great Indian family," if passed by the Rajya Sabha, could soon become a reality. In this piece, the authors critique the predominant understanding of the family inscribed in these bills as one based solely on marriage, blood, or adoption. The bills do not acknowledge other forms of chosen families and intimacies that coexist in the Indian society. Through an ISSN (Online) - 2349-8846 analysis of various existing judicial precedents and recently enacted laws, the authors argue that the legislature needs to rethink how the said laws regulate interpersonal relationships. -
Child Labour in Global Production Networks: Poverty, Vulnerability and ‘Adverse Incorporation’ in the Delhi Garments Sector
Working Paper June 2011 No. 177 Child labour in global production networks: poverty, vulnerability and ‘adverse incorporation’ in the Delhi garments sector Nicola Phillips Resmi Bhaskaran Dev Nathan C. Upendranadh What is Chronic Poverty? The distinguishing feature of chronic poverty is extended duration in University of Manchester absolute poverty. Manchester M13 0PL Therefore, chronically poor United Kingdom people always, or usually, live below a poverty line, Institute for Human Development (IHD) which is normally defined in terms of a money indicator New Delhi (e.g. consumption, income, India etc.), but could also be defined in terms of wider or subjective aspects of deprivation. This is different from the transitorily poor, who move in and out of poverty, or only occasionally fall below the poverty line. Chronic Poverty Research Centre www.chronicpoverty.org ISBN: 978-1-906433-79-6 Child labour in global production networks: poverty, vulnerability and ‘adverse incorporation’ in the Delhi garments sector Abstract Child labour occurs across many sectors of the Indian economy, including in those which are tightly integrated into global production networks (GPNs). On the basis of an original study of the Delhi garments sector, this paper explores the evolving relationship between the nature and functioning of GPNs, the incidence of highly exploitative social and labour relations (including those associated with child labour), and the production and reproduction of chronic poverty and vulnerability. Two questions frame the discussion: -
Assistant Professor of Sociology College of Humanities and Social
Role Name Affiliation National Coordinator Subject Coordinator Prof. Sujata Patel Department of Sociology, University of Hyderabad Paper Coordinator Anurekha Chari Wagh Department of Sociology, Savitribai Phule Pune University Content Writer Debjani Chakravarthy Assistant Professor of Sociology College of Humanities and Social Sciences Utah Valley University Content Reviewer Anurekha Chari Wagh Department of Sociology, University of Pune Language Editor Anurekha Chari Wagh Department of Sociology, Savitribai Phule Pune University Technical Conversion Module Structure: Section 1: The Legacy of Colonialism and the Civil Code The module is structured into three sections followed by a conclusion. Section 2: The Ongoing Debate on Uniform Civil Code Section 3: Basic Concepts Items Description of Module Subject Name Sociology Paper Name Sociology of Gender Module Name/ Title Uniform Civil Code 1 Module ID Pre-requisites 1. Some background on modern Indian history and the Constitution of India. 2. Understanding of the terms “law,” “religion,” and “gender.” 3. Understanding ofdemocracy and religious fundamentalism. Objectives 1. Learning about the Uniform Civil Code in India—its history, political background, and effect on gender relations. 2. Learning about the current debates and multiple perspectives on the controversial directive principle. 3. Learning about the politics of lawmaking, communalism and secularism and their impact on women. Keywords Civil code; Colonial modernity; Feminist Jurisprudence; Religious and minority rights; Fundamental rights and directive principles in Indian Constitution. 2 Uniform Civil Code Introduction Uniform Civil Code, a directive principle in the Indian Constitution has been the theme of one of the most intense, intriguing and widespread debate that emerged in India‘s public life right from the juncture that the constitution was adopted in 1950. -
The Prevention and Protection of Women from (Publicly Dehumani
University Faculty Details Page on DU Web-site Title Dr. (Mrs.) First Name ALOK Last Name SHARMA Photograph Designation ASSISTANT PROFESSOR Department LAW CENTRE-I, FACULTY OF LAW, UNIVERSITY OF DELHI, DELHI-110007 Address (Campus) NORTH CAMPUS, CHATTRA MARG, UNIVERSITY OF DELHI, DELHI-110007 (Residence) III- A/84, NEHRU NAGAR, GHAZIABAD, U.P. Phone No (Campus) 91-11-27667991 (Residence)optional Mobile 9811448465 Fax Email [email protected] Web-Page Education Subject Institution Year Details Ph.D. FACULTY OF LAW, D.U. 2016 Thesis topic: The Legal & Social Audit of the Protection of Women from Domestic Violence Act, 2005: with special reference to NCT, Delhi. LL.M. FACULTY OF LAW, D.U. 2003 Thesis topic: Dissertation ‘Recognition of Womanhood by Indian judiciary after Mathura Era’. LL.B. CAMPUS LAW CENTRE, D.U. 1999 Subjects: LAW M.A. ANNAMALAI UNIVERSITY 1996 Subjects: ENGLISH Career Profile Organisation / Institution Designation Duration Role LAW CENTRE-I Assistant Professor 12 YEARS Teaching 2004- TILL NOW Research Interests / Specialization Jurisprudence, Criminal Law, Criminology, Contract Law, Clinical Education Teaching Experience ( Subjects/Courses Taught) LL.B. Law of Contract, Criminal law, Indian Legal System, Jurisprudence, Socio-Economic offences, Clinical Education, Negotiation, Mediation and Arbitration, and Moot Court and Internship LL.M. Comparative Criminal Procedure and Evidence, Rehabilitative and Correctional Techniques, White Colour Crimes and Corporate Crimes Honors & Awards 1. I have drafted and presented that draft Bill (Legislation), “The Prevention and Protection of Women from (Publicly Dehumanization and Stigmatization) Atrocities Bill, 2014” for the National Commission for Women, Government of India, India. 2. Conducted as Coordinator the 13th Youth Parliament Competition, 2016 organised by the Ministry of Parliamentary Affairs, Government of India on 24th September, 2016 in the www.du.ac.in Page 1 Law Centre I, Faculty of Law, University of Delhi. -
India's Quest for Secular Identity and Feasibility of a Uniform Civil Code
Summer Issue 2017 ILI Law Review Vol. I INDIA’S QUEST FOR SECULAR IDENTITY AND FEASIBILITY OF A UNIFORM CIVIL CODE Harshita Vatsayanï I Introduction ……………………………………………………… 30 - 32 II Secularism- Concept and its various forms. …………………… 32 - 41 III Secularism versus secularization. ………………………………. 41 - 42 IV Debate surrounding uniform civil code ………………………... 42 - 44 V Promotes national integration ……………………….................. 44 - 46 VI Promotion of gender equality ………………………................... 47 - 53 VII Uniform civil code as a means to achieve clarity, simplicity and 53 - 60 intelligibility in personal laws ……………………………............ VIII Conclusion and suggested manner in which UCC should be 61 - 62 enforced …………………………………………………………... I Introduction AT A time when recrudescence of communal violence keeps on rocking the body politic of India every now and then, it is important to understand secularism in its pristine form as advocated by Pandit Jawaharlal Nehru, one of the primary architects of the modern Indian state and the builder of India’s secular, democratic polity. As the question of secularism today has aroused a lot of controversy and in the name of nationalism many of our leaders support policies that in practice boil down to communalism and appeasement of the communalists, it seems very essential to go back to the Nehruvian model of secularism and to re- examine at the level of research, India’s quest for secular identity. The need to study the secular ideal becomes all the more important considering the raging contemporary debate about proscribing triple talaq and polygamy and the unflinching ï LL.M. Student , Indian Law Institute, New Delhi. 30 Summer Issue 2017 ILI Law Review Vol. I commitment and determination of the new political dispensation at the Centre to adopt a Uniform Civil Code (UCC) for the country. -
Article 44 Uniform Civil Code Aanshi Gurjar Student, Indore Institute of Law, Indore, Madhya Pradesh
Gurjar Aanshi; International Journal of Advance Research and Development (Volume3, Issue7) Available online at: www.ijarnd.com Article 44 uniform civil code Aanshi Gurjar Student, Indore Institute of Law, Indore, Madhya Pradesh ABSTRACT The researcher has done the research on the topic Article 44- uniform civil code. Article 44 of the Indian constitution provides that- “state shall Endeavour to secure for the citizens a uniform civil code throughout the territory of India”. This was the basic introduction of the UCC. Now the thing comes that although UCC is mentioned and provided in the constitution of India but whether it will be implemented or not. These major questions have no answers, which is becoming a major obstacle in its implementation. The uniform civil code has always empowers Indian women and their social status in the society. It includes that does the existence of uniform civil code is necessary for us. The various contradictions that are not allowing UCC to be implemented are summed up here. This research paper also contains that what are the major challenges, besides from political subject, does India face in implementing a uniform civil code for all religion or we can say that common personal laws for every religion. Keywords— Uniform civil code, Article 44 1. INTRODUCTION Article 44(which comes under the directive principle of state policy) of the Indian constitution provides that- “the state shall Endeavour to secure for the citizens a uniform civil code throughout the territory of India”. But at present over 60 years have been passed but this view has not been yet implemented. -
DECLINE and FALL of BUDDHISM (A Tragedy in Ancient India) Author's Preface
1 | DECLINE AND FALL OF BUDDHISM (A tragedy in Ancient India) Author's Preface DECLINE AND FALL OF BUDDHISM (A tragedy in Ancient India) Dr. K. Jamanadas 2 | DECLINE AND FALL OF BUDDHISM (A tragedy in Ancient India) Author's Preface “In every country there are two catogories of peoples one ‘EXPLOITER’ who is winner hence rule that country and other one are ‘EXPLOITED’ or defeated oppressed commoners.If you want to know true history of any country then listen to oppressed commoners. In most of cases they just know only what exploiter wants to listen from them, but there always remains some philosophers, historians and leaders among them who know true history.They do not tell edited version of history like Exploiters because they have nothing to gain from those Editions.”…. SAMAYBUDDHA DECLINE AND FALL OF BUDDHISM (A tragedy in Ancient India) By Dr. K. Jamanadas e- Publish by SAMAYBUDDHA MISHAN, Delhi DECLINE AND FALL OF BUDDHISM A tragedy in Ancient India By Dr. K. Jamanadas Published by BLUEMOON BOOKS S 201, Essel Mansion, 2286 87, Arya Samaj Road, Karol Baug, New Delhi 110 005 Rs. 400/ 3 | DECLINE AND FALL OF BUDDHISM (A tragedy in Ancient India) Author's Preface Table of Contents 00 Author's Preface 01 Introduction: Various aspects of decline of Buddhism and its ultimate fall, are discussed in details, specially the Effects rather than Causes, from the "massical" view rather than "classical" view. 02 Techniques: of brahminic control of masses to impose Brahminism over the Buddhist masses. 03 Foreign Invasions: How decline of Buddhism caused the various foreign Invasions is explained right from Alexander to Md. -
Current Contents
CURRENT CONTENTS A Current Awareness Bulletin “Containing Broad Subject Headings of Current Articles Published in Journals Received Recently” National Human Rights Commission Documentation Centre (E-Library) December, 2018 ABOUT THE PUBLICATION National Human Rights Commission Library is subscribing approximately 60 Indian and Foreign Journals. Foreign Journals, because of higher subscription price, are procured only in single copy. These Journals contain Scholarly Articles which may be useful to the Hon’ble Chairperson, Members, Senior Officers & Staff members of the Commission, Interns, Research Scholars and readers/users in the Library. In order to make them aware of the recent articles published in Journals subscribed in the Library, this Publication namely “Current Contents” on Quarterly basis is brought out by the Library. This Publication arranges the latest articles published in Journals broad Subject – Headings alongwith necessary details such as Author, Title, Citation and full name of the Journal. This Publication is compiled for circulation among the Hon’ble Chairperson, Members, Senior Officers for their awareness. Photocopies of any article, which will be required by them will be provided by the Library. We hope that this Publication will be useful. Om Prakash Librarian/Documentation Officer Subject Index S. No Subject Heading Page Nos. 1 AADHAAR 1 2. ANTI-DEFECTION 1 3. ARRESTS 1 4. CASTE 1 5. CHILD SEXUAL ABUSE 1 6. CHILDREN 2 7. CLIMATE 2 8. CONSTITUTION 2 9. CRIMINAL JUSTICE SYSTEM 3 10 CYBER LAW 3 11. DALIT 3 12. DEATH PENALTY 3, 4 13. DEMOCRACY 4, 5 14. DEMONETIZATION 5 15. DISABILITY 5 16. EDUCATION 5 17. ELDER PEOPLE 6 18.