by Admin | Mar 13, 2023 | Legal
For those of us living in India right now, every day there’s a new set of rules and regulations and law handed down from Centre and State governments as they aim to stop the spread of coronavirus. Borders have been sealed, events have been cancelled, and many shops, businesses and services like court are yet to resume operations. Social distancing measures have been put in place and self-isolation is mandatory for most people crossing jurisdictions, and, of course, anyone returning from overseas or entering the country.
Practising ‘social distancing’ and undertaking mandatory self-isolation in a utopian society should have been largely based on trust – trusting people to follow the Public Health and Safety guidelines, as well as other sensible guidelines and recommendations. But in the wake of video footages showing crowds gathering, baithaks, and other similar mass gathering the rules have now changed.
Read Full Article on https://libertatem.in/articles/jiski-lathi-uski-bhains-an-analysis-from-the-perspective-of-social-distancing-norms-in-covid-19/
by Admin | Mar 13, 2023 | Legal
Suddenly a little known small village called Amshipora in south Kashmir with a population of just 1700 inhabitants has taken a center stage in the local news. This after an encounter with the security forces in which three suspected militants were neutralized. The news could have croaked here just like the trio but their afterlife fate wanted their names to live for some more time. The said encounter came under clouds when relatives of three young men from dhar sakri village of district Rajouri lodged a belated missing person report after the encounter and suspicion arose if the 3 missing labourers are those who were neutralized as terrorists. The relatives of missing youth in their complaint to the police claimed that they had last spoken to the trio on July 16th when these young labourers informed that they had rented a small room in Chowgam, Shopian.
After the matter gained prominence, the Army ordered a high-level Court of Inquiry “CoI”. The spokesperson of the Army later informed that the process of recording of statements of key witnesses is in progress, which is being monitored closely. The Army has also published advertisements in the local newspaper calling for people acquainted with the case to come forward and depose before the CoI. In the meanwhile, the J&K Police collected DNA samples of the family members from Rajouri for juxtaposing them with those, now buried in north of Kashmir.
Read Full Article on https://libertatem.in/articles/encounters-and-the-law-around-fake-encounter-concluded/
by Admin | Mar 13, 2023 | Legal
After the extension of the Jammu & Kashmir Reorganization Act, 2019 which abrogated Article 370 of the Constitution of India, a lot of speculations were made on the fate of J&K, whereas the current regime at Center saw the extension of Central acts to the newly created UT of J&K as an overture of development and anticipated high interstate investments in J&K. But many had an alternate theory and speculated that not much would change as the non-local investor would be sceptical to invest in J&K for its volatile situation and pendency of abrogation issue before the Hon’ble Supreme Court of India in WP (C) 1099 of 2019, as any adverse decision on the fate of Reorganization Act could cost investors loss of millions.
But what’s changing? The data as to investment reflects that abrogation has proved to be very beneficial for the state exchequer as far as money receipts from E-auction of mining are concerned. Over the last few months majority of the mining, leases have gone to non-local firms, which are majorly based out of Punjab, Uttar Pradesh, and Rajasthan and have made competitive bids. The abrogation has unbolted the mining industry of the Jammu and Kashmir to non-locals, which has a vast repository of Limestone, Gypsum, Bauxite, Magnesite, Dolomite, Quartzite, Borax, Fuel Minerals like Coal, Lignite, decorative/building stones like Granite, Marble, Slate, Bauxite, China clay, Bentonite and Gemstone like Sapphire, Garnet, Tourmaline, etc.
Read full Article on https://libertatem.in/articles/looking-back-on-article-3-during-changing-regulations-in-the-mining-sector/
by Admin | Mar 13, 2023 | Legal
The much talked about monsoon session of the Parliament culminated recently but not without controversies, sloganeering, and demonstrations. Apart from various other bills that saw the light of the day, the three key farm bills namely Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, and Essential Commodities (Amendment) Bill garnered maximum spotlight. Intriguingly, like all other legislations, these bills are very promising, or one may feel that they are being projected that way.
The newly introduced laws are stated to be farmer-friendly by promising to increase his income and freeing the sector from government control. However, it has caused a major commotion across the country with farmers already hitting the streets despite the pandemic. The government, on the other hand, asserts that these bills will revolutionize the agrarian sector, which collectively constitutes 60% of India’s economy and hence the growth of the sector would fundamentally impact the overall economy and vice versa.
Read full Article on https://libertatem.in/articles/farm-bill-its-impact-on-jammu-kashmir/
by Admin | Mar 13, 2023 | Legal
The Jammu and Kashmir Reorganization Act, 2019 stands as it is, and by way of Section 95 provides for extension of 106 central laws to the newly created UT of J&K while dousing 153 erstwhile state laws and retaining 166 erstwhile laws.
The now extended central laws aspire uniformity in substantive and procedural law across the country. It also promises its people the access to rights and forums in parity with the rest of the countrymen. However, the tangible implementation by establishing the required tribunals, forums etc. is still a far reality. It be noted that for exercising the rights flowing from the freshly extended laws does not lay with the traditional Courts for their adjudication. For instance, amongst others, The Jammu and Kashmir Reorganization Act, 2019 extended central laws like Administrative Tribunal Act of 1985, Family Courts Act of 1984, Legal Services Authorities Act of 1987, Gram Nyayalayas Act of 2009, which necessitate the establishment of independent judicial bodies for their effective implementation. The newly extended laws provide for a composition or an organizational structure, which is different from its predecessor system and therefore would require systematic reorganization to keep the spirit of the central laws alive.
Read full Article on
https://www.greaterkashmir.com/todays-paper/self-reliant-jammu-kashmir-legally
