Wednesday, September 05, 2012

Eminent Legal Personality | Dr L M Singhvi

  • Full Name Dr. Laxmi Mall Singhvi
  • Date of Birth 9 November 1931
  • Founder of Law Day, which is widely observed by the Bench and the Bar in India on November 26th each yearDr. L.M. Singhvi is an eminent jurist
  • Dr. L.M. Singhvi was Member of Lok Sabha (1962-1967) and Rajya Sabha (1998-2004)
  • He is Senior Advocate, Supreme Court of India
  • Educated at and honoured by different universities in India , U.S.A. and U.K.
  • Dr. Singhvi was elected as President of the Supreme Court Bar Association, on more occasions than any other leader of the Bar except the late Mr. M.C. SetalvadHe has been a leading Senior Advocate of the Supreme Court of India
  • He is the Founder President of the Supreme Court Bar Association Trust.
  • He is regarded as one of the foremost constitutional experts in India
  • Dr. Singhvi was associated with and consulted in the drafting of the constitutions of Bangladesh, Nepal and South Africa
  • His book Freedom on Trial has gone through several editions
  • The President of India honoured him with the award of “Padma Bhushan” in January 1998
  • Dr. Singhvi was High Commissioner for India in the United Kingdom
  • Dr. Singhvi was elected to the Indian Parliament (Third Lok Sabha) as an Independent Member for 1962-1967 from the Jodhpur Parliamentary constituency and became known as an outstanding parliamentarian
  • Dr. Singhvi was Advocate General from 1970 to 1977
  • Dr. Singhvi was appointed as a Member of the UNESCO’s Executive Board (2002-2005)
  • Dr. Singhvi is married to Hindi author, Shrimati Kamla Baid

Adoption in Hindus

ADOPTION in the Hindus is covered by The Hindu Adoption and Maintenance Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956.

Prior to this Act motto of adoption is only religional.

It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi or Jew by religion.

REQUIREMENTS FOR A VALID ADOPTION:
No adoption can take place unless:

THE PERSON ADOPTING HAS THE CAPACITY / RIGHT TO TAKE CHILD IN ADOPTION (s.6):

CAPACITY OF MALE:
  • Any male Hindu, who is of sound mind and is not a minor, has the capacity to take a son or daughter in adoption. Provided that if he has a wife living, he shall not adopt except with the consent of his wife, unless his wife has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind
CAPACITY OF FEMALE:
  • Any female Hindu who is of sound mind who is not a minor, and who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind has the capacity to take a son or daughter in adoption.
Where the woman is married it is the husband who has the right to take in adoption with the consent of the wife.

THE PERSON GIVING A CHILD IN ADOPTION HAS THE CAPACITY/ RIGHT TO DO SO (s.9):
No person except the father or mother or guardian of the child shall have the capacity to give the child in adoption.

The father alone if he is alive shall have the right to give in adoption, but such right shall not be exercised except with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is unknown (s.11{4}) - the guardian of the child may give the child in adoption with the previous permission of the court. The court while granting permission shall be satisfied that the adoption is for the welfare of the child and due consideration will be given to the wishes of the child having regard for the age and understanding of the child .

The court shall be satisfied that no payment or reward in consideration of the adoption except as the court may sanction has been given or taken.

THE PERSON CAN BE ADOPTED (s.10):
  • No person can be adopted unless he or she is a Hindu; he or she has not already been adopted; he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; he or she has not completed the age of fifteen years unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
OTHER CONDITIONS FOR A VALID ADOPTION ARE FULFILLED:
  • if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son living at the time of adoption
  • if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter living at the time of adoption;
  • if the adoption is by a male and the person to be adopted is a male, the adoptive father is at least twenty one years older than the person to be adopted;
  • if the adoption is by a female and the person to be adopted is a male, the adoptive mother s at least twenty one years older than the person to be adopted;
  • the same child may not be adopted simultaneously by two or more parents;
  • the child to be adopted must be actually given and taken in adoption with an intent to transfer the child from the family of birth.
EFFECT OF ADOPTION:
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption.

However any property which vested in the adopted child shall continue to vest in such person subject to the obligations if any attached to the ownership of such property including the obligation to maintain relatives in the family of his or her birth.

Similarly the adopted child shall not divest a person of any estate which vested in him or her before adoption.

Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer or will.

 

Child Labour in India

In India, there are several temples of ‘Bal Krishna’, ‘Bal Hanuman’ ie Child God. According to Hindu philosphy, a child is considered to be form of God. India is better known to be the country of Dhruv, Prahlad, Lav-Kush and Abhimanyu, the children having talents wisdom, intelligency and warriership.

Apart from this, present day picture of poor Indian child is very dark. The poor child is the most neglected, most exploited and the most abused. Female child is the most deprived and under privileged of the whole class of such children. The girls are not only withdrawn from schools and forced to indulge in child labour but they are even dragged in the prostitution.

Child labour is violation of human rights and is considered to be a ‘necessary evil’ in a poor country like India. It hampers their normal and natural physical, mental, spritual, intellectual, emotional, moral and social development.

Children are doing work as domestic servants. They are employed in hotels, workshops, service stations, shops, construction sites and pulling rickshaws etc. They are even working in hazardous and unhygienic forms of labour in manufacturing factories.

Article 24 of the Constitution of India, 1950 says, “No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment”.

Indian legislature has also enacted the Factories Act, 1948 , The Children Act, 1960, The Child Labour (Prohibition and Regulation) Act, 1986 etc. for the protection of rights of children. Article 45 of the Constitution of India, 1950 casts duty on the State to pendeavour to provide free and compulsory education to the children. Article 25(2) of the Universal Declaration of Human Rights also states about the special care and assistance for the motherhood and children.

For the past few years, work done by the Government of India and the States Government in this issue is praiseworthy. Many new schemes and policies are introduced for the education and betterment of the children. But, this problem is still in existence in India even though all these policies are available in India.

There may no other opinion that child labour should be restricted and if possible completely vanished. It is a socio-economic national problem, which requires close analysis and practical solutions to meet with this burning question.

 

Money Bill versus Ordinary Bill

Money Bills originate only in the Lok Sabha. If a dispute arises as to whether a Bill is a Money Bill or not, the decision of the Speaker of Lok Sabha is final. Rajya Sabha has no power to reject a Money Bill. It can only make recommendations, ie, suggestions. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.

Ordinary Bills can originate in either House. In case of disagreement between the two Houses, the bill is referred to a joint sitting of both the Houses. It seems that the two houses have been placed on an equal footing in this regard. Really speaking, the Rajya Sabha is in a weaker position in this matter. Since the total membership of Rajya Sabha is less than even half of the total strength of the Lok Sabha, the will of the Lok Sabha would naturally prevail at a joint sitting. Moreover, a joint session is presided over by the Speaker of the Lok Sabha. 


Eminent Legal Personality | Justice Ruma Pal

  • Justice Ruma Pal was born on 03 June 1941.
  • Qualifications: BA (Hons), LLB, BCL (Oxford University).
  • She started practicing in 1968.
  • Her area of practice were civil, revenue, labour and constitutional matters in Calcutta High Court.
  • Appointed as justice of Calcutta High Court on 06 August 1990.
  • Appointed as the Supreme Court Judge on 28 January 2000.
  • Justice Pal has delivered many critical judgments in famous cases.
  • She has written on a number of human rights issues.
  • She retired on 03 June 2006