Legal Updates: October 2015

Delhi Special Fast Track Court convicted Driver- Yadav for Raping Women in Uber cab, quantum of punishment to fixed on 23rd October

The case of Delhi Uber Rape is decided by Special Fast Track Court on  Tuesday (20th day of October, 2015). The accused- Sive Kumar Yadav (32 years old Uber cab driver) of Delhi Uber Rape case is convicted under section 366 (kidnapping, abducting or inducing women to compel her marriage, etc.) and section 323 (hurt) of the Indian Penal Code, 1860. However, the quantum of punishment in relation to the conviction in this case is yet to pronounce by the Court, but Yadav’s facing a maximum sentence of life imprisonment is confirmed.

It is on this Tuesday, the Special Fast Track Court has decided the Delhi Uber Case, where the Uber cab driver Shiv Kumar Yadav is convicted of committing Rape on a 25 years Old Woman executive in his cab. The Special Fast Track Court was presiding by the Additional Session Judge, Kaveri Baweja who concluded that Yadav is a guilty of crime of Rape, endangering a women’s life and causing grievous bodily hurt.

In the facts of the case, it was observed that, on the night of 5th day of December, 2014 when victim- 25 years old women who worked for a finance company in Gurgaon, was headed home to Delhi’s Inderlok area. And as such Delhi Police had filed the charge sheet after 19 days therefrom. It is also notable that on 7th day of December, 2014 the accused- driver, Yadav was arrested by police officials from Mathura. Thus, the trial in relation to this case had began and now, it reached to its finality and as a result the Accused- driver, Yadav is convicted for rape under above mentioned sections of IPC. Moreover, in relation to the quantum of punishment, the Special Fast Track Court has decided to hear the arguments on Friday, 23rd day of this October (2015).

While the presiding judge was pronouncing the verdict, the Accused- driver was present in the court room along with his Wife, Parents and Other family members. Uber was banned from operating in Delhi after this incident is taken place.

The case of Delhi Uber rape has attained much importance and as such its instances were also brought before the Apex court of the country.

Amendments to the Arbitration law for cutting down delays, costs, etc are about to take for consideration by Parliament: Law Minister, D. V. Sadananda Gowda

The Government worked out the amendments to the law of Arbitration being the Arbitration and Conciliation Act, 1996, for ending delays and eliminating high costs in a bid to provide ease of doing business and also the Government is finalising a National policy for cutting down on litigation.

The initial plans for bringing out the ordinance for quickening the things was dropped and the Amendment Bill’s draft for amending arbitration law could come up shortly and will tabled to the Parliament soon in the upcoming Monsoon session thereof, as per Mr. D. V. Sadananda Gowda, the present Law Minister, Government of India.

Mr. Gowda further said that the shedding of the tag of being the single biggest litigant in various Countries’ Courts, is desired by the Government. And as stated by him, there are 46 % of cases in the Higher Judiciary, where the Government is a litigant, as per informal estimates.

It is made clear by sending the International Business Community a massage that in India the lengthy and prolonged proceedings of arbitration will soon to become a past thing, as per Law Minister.

Mr. D. V. Gowda was informing the said in an interview to the media. And in his statements, he further said that amendments to the arbitration law being “stringent” in his words, proposed to bring to end the proceedings within a given period and also there will be very less interference of Courts. And also the decision as to fees structure of the Presiding Arbitrator will be made soon in the initial 1st sitting itself, as told by Mr. Gowda, and he also treated the decision as to fees structure as of important as due to non- fixation of which, the arbitrators used to prolong matters without any other reasons.

Mr. Law minister, has denied to accept that the existing delay in relation to bring the amendments to the law of Arbitration has served to sent a wrong message to the International Community on Business.

Notably, on the 29th day of December, 2014, the Parliament had cleared the Ordinance on such amendments, however, for the assent of honourable President of India, the same was not sent. And as to the pendency of matters, it was seen by the year 2011 that there were more than fifty seven thousands of cases pending before the Apex Court of India and throughout 24 High Courts in the country, there were more than forty two lacks of cases pending.

Transgenders’ Rights: A Bill on the issue to be tabled soon in next Session of Parliament

Union Minister, Social Justice and Empowerment, Mr. Thaawar Chand Gehlot, has on yesterday informed that the Bill on the rights of Transgender Community will be put before the Parliament in next of its session.

It was made clear by Mr. Union Minister that, the law on the welfare of the Transgender community was proposed by them and certain matters relevant to the issue of rights of Transgenders were discussed by the a Special Committee which was constituted to look into that issue, in its four meetings. Finally, the Bill on the rights of Transgenders will be introduced in the upcoming monsoon session of Parliament of India.

The fact of introducing the concerned Bill was expressly stated by Mr. T. C. Gehlot while addressing media in a Press conference where also the achievements of his Ministry were highlighted by him in relation to the recent last year.

By providing for a legal framework for the Transgender Community, the ministry seeking to create an ‘umbrella scheme’ where rights as to the Educational, Economic and Social Empowerment of that concerned community will be made available.

Notably, a review petition was filed by the Central Government, where clarifications on the order of honourable Supreme Court of India were sought. The concerned order was on creating Third Category for the Transgender Community people. Pointing this, Mr. Union Minister made it clear that the Bill being ‘Private Member Bill’ of DMK’s Tiruchi Siva, which was passed from Rajya Sabha would be taken up for discussion in Lok Sabha, as afore told.

It can be seen that the said Bill being private member Bill by which the rights of Transgender community were sought to be protected, was even after the initial resistance from the side of Government, was passed in the Rajya Sabha by last April, this year.

Besides, there was also an announcement from the Union Minister, Mr. T. C. Gehlot that the Government also would bring ‘the Rights to Persons with Disabilities Bill’ in aforesaid next Parliament monsoon session, which was sent to the Standing Committee for further consultation, thought the same was earlier introduced in Rajya Sabha in the year 2014. Notably, in the recent last month, the Standing Committee on that Bill has submitted its report to Parliament.

Also, in the April, this year, the draft Bill namely, ‘the Persons in Destitution (Protection, Care and Rehabilitation) Bill’ was also circulated to State Governments for comments.