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Written by Govt. of India
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Introduction
The origin of the law of contempt in India can be traced to the English law. In England, superior courts of record have from the earliest times exercised the power to commit for contempt those who scandalised the court or the judges. The right of the Indian high courts to punish for contempt was, in the first instance, recognised by the judicial committee of the Privy Council which observed that the offence of the contempt of court and the powers of the high courts to punish it are the same in such courts as in the Supreme Court in England.
Almost all the high courts in India, apart from the chartered high courts have exercised the jurisdiction inherent in a court of record from the very nature of the court itself. It has been judicially accepted throughout India that the jurisdiction was a special one, inherent in the very nature of the court. The first Indian statute on the Law of Contempt, i.e., the Contempt of Courts Act was passed in 1926.
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Written by Jagruti Dekavadiya
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Comparative Study of the provisions of The Persons with Disability Act 1995 [PWD Act] and The Constitution of India having a bearing on Education. The growth of any country is based upon the education level of its citizens. In the era of Globalization where the world is becoming very small and competition level is going high at that time to provide equal opportunity and full participation to disabled the PWD Act was enacted in the year 1995. As the Socrates says, “Equal should be treated equally and unequal unequally.” Based upon this philosophy the PWD Act provides necessary privileges to the disabled. But the questions arise,
- Whether these privileges are in tune with the Constitution of India?
- Whether the Constitution of India should be amended or the PWD Act 1995?
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Written by Govt. of India
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No. 4 of 2006
[20th January, 2006.]
An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Children's Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. WHEREAS India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children; AND WHEREAS India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992; AND WHEREAS CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect children's rights enumerated in the Convention; AND WHEREAS in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003; AND WHEREAS the UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fit for Children" containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade; AND WHEREAS it is expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments; BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY
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Written by Govt of India
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[32 of 1956,dt. 25 -8-1956]
An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus
Be it enacted by Parliament in the Seventh Year of the Republic of India as follows:
1 Short title and extent
(1) This Act may be called the Hindu Minority and Guardianship Act, 1956.
(2) It extends to the whole of India except the State of Jammu and Kashmir and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
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Written by Crusader
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(Act 25 of 1955)[18th May, 1955]
An Act to amend and codify the law relating to marriage among Hindus.
Preliminary
1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act, 1955.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
2. Application of Act.- (1) This Act applies,-
(a) to any person who is a Hindu by religion in any of of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
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Written by Govt of USA
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Thirty-five states plus the District of Columbia have statutes that explicitly authorize joint custody as a presumption or strong preference. The following are some of the best relevant statutes from States which provide a presumption.
DELAWARE: Title 13, Chapter 7, Subchapter I, 701. Rights and responsibilities of parents; guardian appointment.
(a) The father and mother are the joint natural custodians of their minor child and are equally charged with the child's support, care, nurture, welfare and education. Each has equal powers and duties with respect to such child, and neither has any right, or presumption of right or fitness, superior to the right of the other concerning such child's custody or any other matter affecting the child. If either parent should die, or abandon his or her family, or is incapable, for any reason, to act as guardian of such child, then, the custody of such child devolves upon the other parent. Where the parents live apart, the Court may award the custody of their minor child to either of them and neither shall benefit from any presumption of being better suited for such award.
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Written by Payel Chatterjee
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India being a cosmopolitan country tolerates personal laws of its citizen. As a result each citizen of India is entitled to have his own personal laws inter alia in the matter of marriage and divorce. Hindus are governed by Hindu Marriage Act, 1955 which provides for the conditions of a Hindu Marriage where-under the bridegroom should be of 21 years and bride of 18 years, they both should be Hindus and should not be within the degree of prohibited relationship or sapindas, neither party should have a spouse living nor any party should be subject to recurrent attacks of insanity or epilepsy, either of them should not be suffering from mental disorders or should not be unfit for marriage and procreation of children and both should be of sound mind and capable of giving valuable consent.
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Written by CRISP Admin
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Guardianship Under Hindu Law
The Dharmashastras did not deal with the law of guardianship. During the British regime the law of guardianship was developed by the courts. It came to be established that the father is the natural guardian of the children and after his death, mother is the natural guardian of the children and none else can be the natural guardian of minor children. Testamentary guardians were also introduced in Hindu law: It was also accepted that the supreme guardianship of the minor children vested in the State as parens patrie and was exercised by the courts. The Hindu law of guardianship of minor children has been codified and reformed by the Hindu Minority and Guardianship Act, 1956. The subject may be discussed under the following heads : (i) Guardianship of person of minors, (u) Guardianship of the property of minors, and (iii) De facto guardians, and (iv) guardians by affinity.
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Laws
