Tuesday, September 13, 2016

Maharashtra State Authority to hear complaints against Builders - country first

With complaints against Builders riding in numbers, the Maharashtra State Government has decided to constitute a Housing Regulatory Authority to safeguard the interests of homebuyers. 

The authority will be a quasi-judicial body and resolve disputes related to the housing sector. Four benches are likely to be established to hear the cases at different cities in the state.

With this decision, Maharashtra, with the highest ratio of urbanisation and real estate activities in the country, will become the first state to constitute such an authority,

The Maharashtra Housing (Regulation and Development) 2012 was passed two years ago and Presidential assent came in 2014.

The deadline to frame rules for the authority is October 31 and the process is underway.

An officer attached with the housing department, said, 
"There are over 30,000 disputes pending before various courts and forums regarding alleged malpractices by developers, Most of the complaints from Mumbai and Pune are because of the high density of housing construction activities. After drafting the rules, objections and suggestions will be invited from the people to make more reforms before constituting the body."

"The state has received the official nod from the Centre to set up its own regulatory authority for the state. We are in the process of forming rules and regulations after which the authority will come into existence," he added.

Source: http://www.punemirror.in/pune/civic/Govt-body-to-solve-homebuyers-woes/articleshow/54299390.cms

Saturday, June 25, 2016

Personal Laws on the basis of Religion - A Trap

Supreme Court asked the government to file a copy of the report of a committee that is inquiring into personal laws relating to marriage, divorce and custody. Unsurprisingly, the uniform civil code (UCC) debate has been revived. The nationalists want a UCC to further their cultural majoritarian project. They cite the directive in Article 44 of the Constitution requiring the state to “endeavour to secure for the citizens a uniform civil code”. The All India Muslim Personal Law Board (AIMPLB) sees the continued existence of Muslim personal law as a symbol of a distinct Indian Muslim identity and an area of law with divine sanction and, therefore, beyond the purview of temporal government. It uses the constitutional guarantee of the “right freely to profess, practise and propagate religion”.

Between these intransigent outposts stands the baffled liberal citizen. She worries about the AIMPLB’s indifference to another constitutional right in Article 15, which prohibits the state from discrimination on the grounds of sex, and rejects the claimed divine immunity because it is contrary to public reason. She is also skeptical of the Hindu right’s hypocritical use of the anti-discrimination argument, given its predilection to enforce gender norms and indifference to the discriminatory tax implications of the Hindu Undivided Family. Often forgotten are nuanced interventions by the Bharatiya Muslim Mahila Andolan, the All India Muslim Women Personal Law Board, Awaaz-e-Niswaan, and countless individual litigants.

Source - http://indianexpress.com/article/opinion/columns/the-trap-of-personal-laws-uniform-civil-code-aimplb-supreme-court-2775249/

Friday, June 24, 2016

We, The People. ... saw 400 deaths everyday in 2015 Road Accidents!

An official report, released by Union Road Transport and Highways Minister Nitin Gadkari on Thursday, said 1.46 lakh people were killed in road accidents in India in 2015 — an increase of five per cent from 2014.

Road accidents, as a whole, rose 2.5 per cent during 2015 to 5.01 lakh or 374 accidents every day, claiming 400 lives, the report said.

Majority (54.1 per cent) of those killed in 2015 were in the age group of 15-34. Thirteen States, including Tamil Nadu, Maharashtra, Madhya Pradesh, Karnataka, Kerala and Uttar Pradesh, accounted for the highest number of accidents. Among cities, while Mumbai had the highest number of accidents (23,468), Delhi saw the most number of such deaths (1,622).

Also, drivers’ fault was responsible for 77.1 per cent of the accidents, deaths and injuries, mainly because of overspeeding, the report noted.

So many were not killed even in wars, epidemic and militancy,” Mr. Gadkari said.

Source: http://m.thehindu.com/news/national/146-lakh-lives-lost-on-indian-roads-last-year/article8710699.ece

Thursday, May 19, 2016

Cleaning the Bar - Bar Council of India

Last year, the law news website Legally India revealed that nearly 30% of India's 76,000 lawyers were fake -- they were simply not eligible to enrol as advocates under the Advocates Act, 1961, the law that governs the legal profession in this country.

Legally India also pointed out inadequacies in how legal education was being imparted, and emphasised the need to make the All India Bar Examination, a qualifying test introduced in 2010, more robust. It laid the blame for the mess largely at BCI's door - for being lackadaisical in the verification process, and letting corrupt practices go unpunished.

The issue of fake lawyers concerns the legal profession, of course, but it's primarily one about citizens' fundamental right to legal representation. An integral part of this right is that a lawyer must be competent

A familiar sight greets litigants outside almost every court in India: lawyers standing on the premises, sometimes even spilling on to the streets, hawking their wares.

In lawyers' lingo, they are referred to as "out-standing lawyers", since they hardly ever see the inside of a courtroom.

Not only do these lawyers do little more than draft affidavits, many are crooks and frauds, as an ongoing case in the Supreme Court has revealed.

The Bar Council of India's Certificate and Place of Practice Rules, 2015 aims to change all this.

Source - http://www.catchnews.com/india-news/fake-lawyers-crooks-in-black-coats-face-supreme-court-crackdown-1463596790.html