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'Biased': Karnataka HC quashes Sainik Welfare Board Norm
05-Mar-2023
This news piece is based on ‘Biased: Karnataka HC quashes Sainik Welfare Board norm’ published in the Indian Express on January 05, 2023.
Why in News?
Recently the Karnataka High Court has quashed a Sainik Welfare Board guideline that barred married daughters from availing dependent cards available to children of ex-defence personnel. The Court ruled out that the married daughter remains the daughter in the same manner as a married son remains a son. The act of marriage cannot and shall not change the status of a daughter.
Background
Justice M Nagaprasanna of the Karnataka HC issued the orders in the course of hearing a plea filed by the 31-year-old daughter of a former army man Subedar Ramesh Khandappa Patil who was killed while clearing mines during Operation Parakram in the year 2001.
Priyanka Patil was 10 years old when her father died and she approached the Karnataka HC in 2001 over a refusal by the Sainik Welfare Board to issue a dependent card to her on the grounds that she was married and dependent cards can be issued only to unmarried daughters.
The Karnataka HC after considering the positions taken by the Constitutional Courts in cases where discrimination was alleged against married daughters and ruled that discrimination on the basis of gender is ‘violative of Article 14’ of the Constitution of India.
Current Affairs
Draft Rules on Juvenile Crimes
05-Mar-2023
This news piece is based on ‘Draft framework for deciding if minor aged 16-18 can be tried as adult in cases of heinous crime in public domain’ published in The Times of India on January 05, 2023.
Why in News?
Recently the National Commission for Protection of Child Rights has prepared the draft guidelines laying out a broad uniform framework for preliminary assessment to determine whether a child in the 16-18 years age group alleged to have committed a ‘heinous crime’ may be tried as an adult under the children’s court.
Background
The Draft guidelines have been made in compliance with the Supreme Court directive issued on the matter last year.
Juvenile Justice Act, 2015
Under the Juvenile Justice Act, 2015 a specific section of a law states that juveniles charged with heinous crimes and who are between the ages of 16 to 18 years can be tried as adults.
Current Affairs
HC raps Maharashtra for 2-year delay in action against J&J baby powder
05-Mar-2023
This news is based on ‘Mumbai HC raps Maharashtra for 2-year delay in action against J&J baby powder manufactured at Mulund plant’ published in The Indian Express on January 04, 2023.
Why in News?
Recently the Bombay High Court has pulled up the Maharashtra government seeking to know why there was a delay of over two years in passing an order against Johnson & Johnson Private Limited in connection with cancelling the baby powder manufacturing license for its Mulund plant.
Background
J&J had filed a lawsuit challenging an order by the Joint Commissioner and Licensing Authority of Food and Drug Administration, Maharashtra, cancelling the firm’s licence on 15 September 2022.
In November, the Bombay High Court in its order allowed Johnson & Johnson to restart manufacturing of baby powder at its Mulund plant but did not allow it to sell or distribute the product, as directed by the Maharashtra government.
Current Affairs
Upper age limit for assisted reproduction tech needs relook: Kerala HC
05-Mar-2023
This news piece is based on ‘Upper age limit for assisted reproduction tech needs relook: HC’ published in the Indian Express on January 05, 2023.
Why in News?
Recently the Kerala High Court has questioned the upper age limit for use of Assisted Reproductive Technology Regulation Act, 2021 (ART) and has also urged the Central Government to reconsider this ban. Kerala High Court has said that personal choice to build a family is a fundamental right and fixing an upper age limit for the same was a restriction which needs a relook.
Justice V G Arun said that the imposition of age restriction without even a transitional provision was “irrational and arbitrary”
Background
The Court has also directed the National Assisted Reproductive Technology and Surrogacy Board to alert the Central Government about the need for a re- -look at the upper age limit prescribed in Section 21(g) of the Act.
The Court issued the aforesaid directions while disposing of a batch of Writ Petitions filed challenging the upper age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (Regulations) Act, 2021 which prohibits the application of ART services to persons above the prescribed age.
About the Assisted Reproductive Technology (Regulations) Act, 2021
The Act seeks to regulate and supervise the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technology is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns and for regulation and supervision of research and development and for matters connected therewith or incidental thereto.
Under the Act, every assisted reproductive technology (ART) clinic and bank must be registered under the National Registry of Banks and Clinics of India. The Registry is meant to act as a central database for all facilities providing ART services in India, with state governments appointing relevant authorities in their respective states to facilitate the registration process.