Home Blog Page 4586

Establishing Family Courts

 

Last week, the Chief Justice of J&K High Court inaugurated the first ever family court in Srinagar.

The objective of having a family court is to ensure speedy justice and inexpensive relief in family matters with least formalities.

Section 3 of the Family Courts Act 1984 provides for establishing of a family court in every area of the State comprising of city or town whose population exceeds one million.

The court’s main duty is to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding.

It is different from ordinary courts in the procedure. For example, section 13 of the Act provides for proceedings to be held in camera if the Family Court so desires and shall be so held if either party so desires. Also, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner. However if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae. Plainly a party does not have to bear the cost of a lawyer or proceeding can be held out of public gaze, maintaining higher levels of privacy. In terms of effect, a decree passed by a Family Court shall have the same force and effect as a decree or order of a civil court and shall be executed in the same manner as is prescribed by the Code of Civil Procedure.

A beginning has been made in establishing the family court and has been started with Srinagar. While some benefits have been given an overview above, the family matters constitute the bulk of litigations to be decided in courts and have been burdening the system for a long. To overcome the burgeoning docket burden, establishing the family court is a step in the right direction. It’s establishing should bring about spectacular changes and live to expectations of ensuring dispensation of speedy and inexpensive justice.

The contemporary times see intricate issues around, calling for innovative changes and reforms as also providing such platforms which ensures savings time, avoidable lengthy paper works, and formalities. The government needs to be proactive in seeing the success of the first family court as well as establishing more such courts in other places which satisfy the criterion on the population as people may be prompted to refer the family matters to such courts.

 

‘Carelessness can lead to a catastrophe, winter is coming’

Afaq Bhat
Srinagar, Oct 25: Life in Kashmir seems to have returned to normal as people don’t fear COVID-19 anymore it appears that they have learned to live with the virus.
There is a huge rush in the markets and only a few people are seen wearing a mask. People are not following the COVID-19 SOPs and it appears that many of us have become complacent.
A medico while talking to Precious Kashmir said, “The COVID positive patients, who are visiting the hospitals are no more scared. They are ready to fight it out. But the people should understand that we can save ourselves from getting infected if we take precautions. We need to remember that the virus has not gone anywhere and its present everywhere.”
He said, “People need to remain patient as the COVID vaccine is on the way and once it comes, it will act as a protective shield. Till then we have to follow the COVID-19 norms. If we ignore these SOPs we will end up in big mess as the cases can multiply in the winter season.”
The medico said that there are reports that the COVID has returned with a bang in the countries that are located in the northern hemisphere and were temperatures have started declining. “Complacency can lead to a catastrophe,” he added.
An official said that the preparations are on to get the vaccines from foreign countries as well the ones which are being manufactured within the country. “The government is hoping that once the vaccine comes situation will ease out further and life will become normal. Till the shield comes we have to remain vigilant. Experts have warned that the virus can behave erratically in winters. J&K administration is equipping the health facilities and hospitals to face any exigency.”
A doctor said, “In winter cases can increase. The asymptomatic patients can remain in home quarantine but the ones who will face breathing problems and others with underlying conditions can face a tough time. I am not sure about the numbers which the hospitals in Kashmir can accommodate. We have been told that the facilities are being put in place in the hospitals but we don’t know how the situation will emerge in winter. It’s too early to say anything. But people cannot just think that they are virus proof and the COVID-19 will spare them. All of us need to sit back and recollect what all we have undergone since March this year when the pandemic broke out. Patience is the key and we shouldn’t lose it. We have to be careful, acting carelessly can prove disastrous.”

PSA detentions: Ladakh, J&K UTs likely to have joint advisory board

0

Centre empowers administration of Ladakh to designate any such authority in neighbouring state or UT as advisory board
Ibni Maqbool
Srinagar, Oct 25: The Union Territories of Ladakh and Jammu & Kashmir are likely to have joint advisory board for detentions under the Public Safety Act (PSA)-1978.
According to “The Union Territory of Ladakh (adaptation of state laws) Order, 2020” the Government of India has amended the Public Safety Act(PSA) to empower the administration of Ladakh to designate any such authority in the adjoining state or Union Territory as advisory board under the law.
“Provided that the administration of Union Territory of Ladakh may, if it deems fit, by order, designate any such authority in the adjoining State or Union Territory as the Advisory Board for the purposes under this Act,” reads the amendments carried out by the Centre.
An advisory board for confirming or rejecting PSA detention orders is already in place in Jammu & Kashmir for the past four decades.
The 3-member advisory panel is headed by former High Court judge Janak Raj Kotwal and comprises of Aijaz Ahmad Mir and Davinder Kapoor.
The Advisory Board is empowered to examine every detention order passed by district magistrates or divisional commissioner under the PSA law, before deciding whether to confirm or reject it.
Under Section 17 of the law, the order of the Board is binding on the government. The panel has also the powers to seek for representation from the person against whom the detention order has been issued within eight weeks.

This will be second joint administrative mechanism between the UTs which were part of the erstwhile state of Jammu & Kashmir till October 30, 2019.Both formally separated and started functioning as separate UTs from October 31, 2019 nearly two months after Centre abrogated Article 370 and cleared Jammu & Kashmir Re-Organisation Act.
In June this year, the Government of India approved Joint Electricity Regulatory Commissioner (JERC) for J&K and Ladakh Union Territories.
“In exercise of the powers conferred by sub-section 5 of section 83 of Central Electricity Act, 2003, the Central Government hereby constitutes a Joint Electricity Regulatory Commission for the Union Territories of Jammu and Kashmir and Ladakh with effect from the date of publication of this notification in the gazette of India,” read the notification issued by the Power Ministry.
It also ordered that the JERC headquarters shall be located in the same city as that of the office of Lieutenant Governor of Union Territory of Jammu & Kashmir.

Pulwama playing important role in educating country: PM Modi

New Delhi, Oct 25: Prime Minister Narendra Modi on Sunday said Pulwama in Kashmir is playing an important role in educating the entire country.
Addressing his monthly ‘Mann Ki Baat’ radio programme, the Prime Minister said, ‘My dear countrymen, today, Pulwama in Kashmir is playing an important role in educating the entire country. Today, when children all over the nation do their homework, or prepare notes, somewhere behind this lies the hard work of the people of Pulwama! The Kashmir Valley meets almost 90 per cent demand for the Pencil Slats, timber casings of the entire country, and of that, a very large share comes from Pulwama.”

“Once upon a time we used to import wood for pencils from abroad, but, now our Pulwama is making the country self-sufficient in the field of pencil making. In fact, these Pencil Slats of Pulwama are reducing the gaps between states! Chinar wood of the valley has high moisture content and softness, which makes it most suitable for the manufacture of pencils,” PM Modi said.
The Prime Minister said, ‘In Pulwama, Oukhoo is known as the Pencil Village. Here, several manufacturing units of Pencil Slats are located, which provide employment, and, in these units, a large number of women are employed.”
Pulwama gained this recognition when individuals of this place decided to do something new, took risks and dedicated themselves towards it, PM Modi added.
‘One such enterprising person is Manzoor Ahmad Alai. Earlier, Manzoor bhai was a simple workman involved in woodcutting. Manzoor bhai wanted to do something new so that his coming generations wouldn’t have to live in poverty. He sold his ancestral land and established a unit to manufacture Apple wooden boxes. He was engaged in his small business when he came to know that Poplar wood, Chinar wood is being used in manufacturing pencils. After getting this information, Manzoor bhai channeled his entrepreneurial spirit and started the supply of Poplar wooden boxes to some famous pencil manufacturing units,” the Prime Minister said.
“Manzoor Ji found this to be extremely profitable and his income grew considerably at the same time. With the passage of time, he bought pencil slat manufacturing machinery and started the supply of pencil slats to some of the biggest companies of the country. Today, Manzoor bhai’s turnover from this business is in crores and is a source of livelihood for around two hundred people,” PM Modi said.
“Today, through Mann Ki Baat, I, on behalf of all countrymen commend Manzoor bhai and the enterprising brothers and sisters of Pulwama along with their families – All of you are making invaluable contribution in educating the young minds of our country,’ the Prime Minister said.

J&K reports 8 more deaths, 532 new cases

0

Fatalities mount to 1440; total cases at 91861
Nadeem Nadu

Srinagar, Oct 25: Eight more people died of COVID-19, while 532 fresh cases were reported in Jammu and Kashmir during the past 24, hours, officials said on Sunday.
They said that the fatality count due to COVID-19 mounted to 1440, while 91861 have tested positive for the virus in the Union Territory till date.
Officials said that among those who succumbed to the virus include five from Kashmir and three from Jammu region.

Regarding deaths from Valley they said, three were reported from Baramulla and one each from Budgam and Pulwama.

Regarding deaths from Jammu, they said one each was reported from the J&K’s winter capital (70-year-old woman from Aknoor), Rajouri and Ramban districts.

With these deaths, the fatality count has reached 961 in Valley and 479 in Jammu region.

Srinagar district with 345 deaths tops the list followed by Jammu (249), Baramulla (141), Budgam (92), Pulwama (80), Kupwara (71), Anantnag (74), Kulgam (46), Bandipora(45), Rajouri (46), Doda (44), Shopian (35), Ganderbal (32), Kathua (30), Udhampur (28), Samba (25), Poonch (23), Kishtwar(14), Ramban (13), and Reasi (7).
J&K records 532 new cases, total 91861

Ten BSF personnel, two minors, one of them a one-day-old baby, and two doctors were among 532 new covid-19 cases reported in Jammu and Kashmir in the last 24 hours, taking the total count to 91861, officials said on Sunday.

Among them, 177 were from Jammu Division and 355 from Kashmir Valley, the officials told GNS.

Giving the district-wise details, they said, Srinagar reported Srinagar 124 cases, Budgam 26, Baramulla 80, Pulwama 19, Kupwara 36, Anantnag 14, Bandipora 19, Ganderbal 7, Kulgam 5, Shopian 25, Jammu 113, Rajouri 6, Udhampur 5, Doda 5, Kathua 6, Poonch 16, Samba 8, Kishtwar 12, Ramban 5 and Reasi 1.

A number of these cases were confirmed at CD and SKIMS soura diagnostic laboratories.

The CD cases include female (29) (Na) from Kunibal Pulwama, male (52) (Na) from Lasjan Sgr, female (45) (Na) from Dhara, female (65) (Na) from Kupwara, female (60) (Na) from Bandipora, female (65) (Na) from Sopore, female (65) from Tangdhar, male (28) (Na) from Bemina, female (55) (Na) from Bemina Sgr, male (26) (Na) from Bemina Sgr, male (60) (Na) from Bemina Sgr, female (30) (Na) from Hyderpora, male (62) (Na) from Hyderpora, female (Na) from Bemina, male (38) (Na) from Khaniyar, male (75) (Na) from Safakadal, male (53) (Na) from Hajin, male (18) (Na) from Soura, female (20) (Na) from Soura, male (22) (Na) from Zakura Sgr, male (55) (Na) from Budgam, female (55) (Na) from Pampore, male (75) (Na) from Qamarwari Sgr, female (55) (Na) from Brain Nishat, male (85) (Na) from Chanpora Sgr, female (68) (Na) from Safakadal, male (60) (Na) from Lalbazar Sgr, female (75) (Na) from Bumnoo Pulwama, male (45) from Inder Pulwama, male (07) from Inder Pulwama, male (30) from Ratnipora, female (56) from Ratnipora, female (27) (Na) from Ellahi Bagh, female (72) (Na) from Pulwama, female (Na) from Ellahibagh, male (32) (Na) from Pulwama, male (24) (Na) from Bemina, female (60) (Na) from Budgam, female (64) (Na) from Dalgate, male (75) (Na) from Pattan, male (60) (Na) from Batamaloo.

The SKIMS cases include male (28, 22, 50, 49, 51, 46, 35, 53, 50, 44) from Bsf Humhama, male (30) from Lar Ganderbal, female (48) from Nishat Sgr, male (70) from Wakura Ganderbal, female (30) from Kangan Ganderbal, male (56) from Kangan Ganderbal, female (45) from Buchpora Sgr, female (45) from Bemina Sgr, female (70) from Lalgund Chadoora, male (45) from Hmt Budgam, female (62) from Ompora Budgam, male (66) from Peerbagh Budgam, female (65) from Perbagh Budgam, male (30) from Perbagh Budgam, female (30) from Perbagh Budgam, male (62) from Humhama Budgam, male (25) from Hyderpora Budgam, female (30) from Hyderpora Budgam, male (40) from Hyderpora Budgam, female (35) from Bemina Budgam, female (35) from Rainawari Sgr, male (70) from Chattpora Budgam, female (45) from Kanihama Budgam, female (55) from Kralpora Budgam, female (70) from Bagi Mehtab Budgam, female (46) from Bagi Mehtab Budgam, male (14) from Kralpora Budgam, female (17) from Natipora Budgam, male (29) from Gund Checkpora Budgam, male (40) from Sumarbugh Budgam, female (27) from Bagi Mehtab Budgam, female (21) from Bagi Mehtab Budgam.

Moreover, they said, 639 more COVID-19 patients have recovered and were discharged from various hospitals— 263 from Jammu Division and 376 from Kashmir Valley. (GNS)

COVID-19: 50,129 infected, 578 die in 24 hrs in India

New Delhi, Oct 25: India recorded 50,129 fresh cases of COVID-19 during the past 24 hours, pushing the country caseload to 78.64 lakh while the death toll soared to 1,18,534 with 578 fresh fatalities.
According to Union Health Ministry, the active cases saw a drop of 12,526 and currently stood at 6,68,154. It is 8.50 per cent of the total caseload.
Maharashtra accounted for 137 of the day’s fatalities followed by 59 from West Bengal, 55 from Chhattisgarh, 52 from Karnataka, 36 from Delhi, 35 from Tamil Nadu, 25 Kerala and 25 from Uttar Pradesh.
On positive note, the frontline medics were able to save 62,077 more lives, taking the total recovery count to 70,78,123, which is exactly 90 per cent of the caseload. The fatality rate stood at 1.51 per cent.
As per Indian Council of Medical Research, 11,40,905 samples were tested on Friday, taking to 10,25,23,469 the total.
The World Health Organization declared the COVID-19 outbreak a pandemic on March 11. To date, more than 42.9 million people have been infected with the coronavirus worldwide, with over 1.15 million fatalities. Exactly 13 days later, India announced a stringent 21-day nationwide lockdown from March 25, however, as the cases kept rising, the lockdown kept extending till May 30 after which the country started lifting the restrictions in order to revive the battered economy.
Notably, today, India will first time observe the festival of Vijayadashami, the day of victory, amid pandemic.

Prime Minister Narendra Modi has been constantly urging the citizens to strictly follow the COVID-19 guidelines. In a televised address to the nation on Tuesday, Mr Modi appealed to all the countrymen to be extra careful during the festival season, as, according to him, the lockdown was over but the virus was not over yet.

 

COVID can happen to anyone, don’t panic: Dr Sehrish

Srinagar, Oct 25: Director of Information and Public Relations (DIPR) Dr Syed Sehrish Asgar on Sunday urged people not to panic and be mentally healthy to fight COVID-19 which could happen to anyone.
However, she said that does not mean you stop wearing masks and washing hands and avoid crowds.
Taking to micro blogging site Twitter Dr Sehrish said, “ What I learnt from COVID 1 It can happen to anyone 2 That doesn’t mean you stop wearing masks, washing hands or avoiding crowds 3 Majority will have mild to moderate disease 4 Dont panic.Its more important to be mentally healthy 5 Be patient and grateful to Almighty.

COVID-19: RBI Governor tests positive

Mumbai, Oct 25: Governor of Reserve Bank of India, Shaktikanta Das, on Sunday announced that he has tested positive for Covid-19.
On a micro-blogging site Twitter, he tweeted, “I have tested Covid-19 positive. Asymptomatic. Feeling very much alright. Will continue to work from isolation.”
Das said he has alerted all those who came in contact with him in recent days.

People must celebrate festivals with precautions: PM

New Delhi, Oct 25: While greeting people of the country on the occasion of Dussehra, Diwali and Eid, Prime Minister Narendra Modi on Sunday said people must celebrate festivals with precautions in the ongoing coronavirus pandemic.

Addressing his monthly ‘Mann Ki Baat’ radio programme, the PM said, ”Several festivals have been lined up in the coming days but people of the country must celebrate them with precautions against coronavirus.”

Lauding the people for following all Covid protocols during the celebration of festivals, the PM said, ”Dussehera is also a festival of victory of patience over crisis. Today, all of you are living with great restraint, celebrating festivals with modesty. Therefore, in the Covid-19 battle, we are fighting, victory is certain.”

”This time, amid the enthusiasm of festival, when you go shopping make sure to remember your resolve of ‘vocal for local.’ When purchasing goods from market give priority to local products,” the PM said in his address.

In this context, the PM said that the world is making note if our products like Yoga, Ayurveda and Khadi.

”The world is taking note of our products. One major example is Khadi. When we take pride in our own things, the world’s curiosity around them also grows. Just like our spirituality, Yoga, Ayurveda has attracted the whole world. Many of our indigenous sports also attract attention the world over,” he said.

On this occasion, the PM saluted the soldiers for guarding the borders and making the country secure.

”Salute to our brave-heart soldiers who are firmly stationed on our borders in the line of duty. We must also remember our brave soldiers, who are guarding our borders even in these festival times. We must celebrate only after remembering them. We must light a lamp from these brave sons & daughters of Mother India. Entire nation is with them,”he said.

He also laid tributes to former Prime Minister Indira Gandhi in his address.

”On October 31, we lost former Prime Minister Indira Gandhi. I respectfully offer tributes to her,” the PM said.

Body’s immune response drives production of non-functional COVID-19 ‘gateway protein’: Study

0

 

London, Oct 25: Some immune system molecules trigger the production of a non-functional variant of the human protein used by the novel coronavirus to enter and infect host cells, according to a study that sheds light on the body’s natural defence against COVID-19.

The research, published in the journal Nature Genetics, examined the genetic information that codes for the ACE2 receptor, to which the SARS-CoV-2 virus must bind in order to enter and infect human cells.

In the study, scientists, including those from the Francis Crick Institute in London, analysed existing genetic databases and human cells to identify a new variant, or isoform, of ACE2 called MIRb-ACE2, which the SARS-CoV-2 virus cannot bind to.

“This variant of genetic information is the result of retroelements in our DNA, which can ‘jump’ around the genome impacting gene expression,” said Kevin Ng, a co-author of the study from the Francis Crick Insitute.

“From looking at which other species also have this variant, it appears to be widely present in mammals, so it must have entered the human genome a long time ago,” he added.

In order to understand the role this variant plays in the body’s immune response to SARS-CoV-2, the scientists assessed the effects of exposing cells to interferons — signalling proteins that are made and released by virus-infected cells.

They found that interferons increase the response and production specifically of MIRb-ACE2, while ACE2 is not affected.

According to the researchers, the findings allay concerns that interferon-based treatments for SARS-CoV-2 could inadvertently be helping the virus by bringing about an increase in coronavirus cell receptors in the body.

They said the coronavirus is not able to bind to MIRb-ACE2, which is also highly unstable.

“The non-functional MIRb-ACE2 isoform was likely responsible for results from previous studies that suggested interferons could be upregulating ACE2, as there was no distinction between these two isoforms,” said George Kassiotis, another co-author of the study.

“This highlights how scientific knowledge about SARS-CoV-2 is constantly being revised and updated as new research is carried out. We still have a lot to learn, but we are making rapid progress,” Kassiotis said.

The researchers also found that cells in the upper aero-digestive tract, including the mouth and the nose, express more MIRb-ACE2 than the functional ACE2, and this balance changes lower in this tract and in the intestines.

They believe more research is needed to understand why this difference occurs and the impact it might have on how the virus spreads in the body.