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Lokpal law amendment may be taken up for consideration during Monsoon session of Parliament: Supreme Court

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The Supreme Court of India says sex with wife below 18 is Rape. Wikimedia
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New Delhi, March 28, 2017: The Central government on Tuesday told the Supreme Court that the Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014, a stepping stone for operationalising the institution, may be taken up for consideration during the monsoon session of Parliament.

Telling the bench that government was not dragging its feet on taking up the amendment bill, Attorney General Mukul Rohatgi told the bench of Justice Ranjan Gogoi and Justice Navin Sinha that the current session of parliament is devoted to budget and “may be it (amendment bill) will be considered in the monsoon session”.

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He told the court that the selection committee comprising the Prime Minister, Lok Sabha Speaker, Leader of Opposition and the Chief Justice of India can’t nominate the fifth member – the eminent jurist – without the Leader of Opposition being there.

As the government said that it was seized of the issue and opposed any intervention by the court, the court reserved its verdict on a batch of petitions including one by society Common Cause seeking mandamus to the government to take steps for enforcing the law enacted in 2013.

Citing the separation of powers under the Constitution, Rohatgi told the court that “there can’t be a mandamus to bring an Act into force because as parliament can’t ask how courts are functioning or a particular case be decided in a particular time frame” and similarly, courts can’t venture into the law-making province of legislature.

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“Whether they pass, how they pass, how they do, whether they can pass in two minutes, is within the province of the parliament,” he stressed.

Rohatgi said that the amendment to treat the leader of the largest opposition party as Leader of Opposition for the purposes of the Lokpal and Lokayuktas Act, 2013, was just one of the many amendments that are being sought to be made in the statute.

Earlier appearing for Common Cause, senior counsel Shanti Bhushan referred to different laws where leader of the largest opposition party is treated Leader of Opposition for the purposes of the appointment of the Central Bureau of Investigations’ Director or even the Chief Vigilance Commissioner.

He pressed for the direction that in the absences of the Leader of the Opposition, the remaining three member – the Prime Minister, Lok Sabha Speaker and the Chief Justice of India should nominate the fifth member – the eminent jurist – so that the process for the appointment of Lokpal could start.

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Buttressing the point advanced by Bhushan, another counsel Gopal Shankarnarayan drew the attention of the court to the passing of the amendment to Section 44 of the Lokpal and Lokayuktas Act, 2013, dealing with the declaration of assets by the public servants.

He said that in the case of the amendment, the government had the clear intention and it went ahead with it and asked how piecemeal amendment can be given effect to while the other amendments which, according to the government, are essential for operationalising the law are not being pushed by it. (IANS)

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SC seeks ideas to enforce anti-sexual harassment law at workplace

The court had issued a notice to all the states in the last hearing of the matter on January 4

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The IIF has sought to put in place the guidelines for the implementation of the law at all levels. Wikimedia Commons
The IIF has sought to put in place the guidelines for the implementation of the law at all levels. Wikimedia Commons

The Supreme Court on Friday asked the NGO Initiative for Inclusion Foundation (IIF) to give suggestions for effective implementation of a law to curb sexual harassment of women at workplaces, particularly in the private sector.

Chief Justice Dipak Misra, Justice A. M. Khanwilkar and Justice D.Y. Chandrachud sought the suggestions after the Central government in its affidavit claimed that it has taken steps to enforce the Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Appearing for the IIF, senior counsel Sanjay Parikh said there was no implementation of the law in private companies.

Also Read: One out of Two Children face Child Sexual Abuse: The Growing Problem of Child Sexual Abuse in India

He said a meeting was held with Assocham four years ago but nothing happened after that.

The IIF has sought to put in place the guidelines for the implementation of the law at all levels.

The court had issued a notice to all the states in the last hearing of the matter on January 4. The notice was returnable in four weeks. IANS