Can’t challenge consumer forum orders in HC: SC

Jehangir B Gai 

Subject:Consumer forum’s order cannot be challenged in a writ petitionBackdrop: The Consumer Protection Act offers a three-tier redressal mechanism for resolution of consumer disputes. The Act provides a comparatively simpler, inexpensive and speedy mechanism for settlement of consumer grievances. If a party is not happy with an order, it can file an appeal before the next level tribunal, constituted under the Act. 
    Sometimes certain manufacturers, traders and service providers try to bypass the statutory channel of appeals. Instead, a writ petition is filed in the HC, challenging the consumer fora orders. The motive being to frustrate the consumer, who would find it costly and tedious to contest the case in HC. 
    In a landmark judgment, the Supreme Court recently ruled that a high court cannot entertain a writ petition against the orders of the consumer fora, for which the law prescribes a statutory channel of appeal.  

 

Case Study: Cicily Kallarackal had filed a complaint against Vehicle Factory. The dispute was ultimately decided by the National Commission in Kallarackal’s favour. Vehicle Factory then filed a writ petition before the Kerala HC, challenging the order. 
    The HC allowed Vehicle Factory’s writ petition and set aside the National Commission’s order. Aggrieved, Kallarackal appealed to the SC, contending that the HC should not to have entertained the writ petition, as the Consumer Protection Act provides that the National Commission’s order could be challenged only before the Supreme Court. Unfortunately, this appeal was not filed in time and there was a delay of three-and-a-half years. 
    The SC refused to condone the delay as it was not satisfied with the excuse given for not having filed the appeal in time. However, considering the importance of the law point raised, the SC decided to adjudicate this issue and lay down the law in respect to filing of writ petitions. 
    The SC observed that a proper channel for appeals is prescribed under the Consumer Protection Act. When the legislature provides a statutory mechanism for appeals to a higher court or tribunal, it would not be proper to permit the parties to bypass such statutory remedy provided by law and instead approach the HC in its writ jurisdiction under Article 226 of the Constitution of India. 
    In view of this finding, the SC held that high courts would not have the jurisdiction to entertain a writ petition in respect of which the law prescribes a remedy by way of appeal. Accordingly, it directed the high courts to exercise caution while entertaining writ petitions. It further directed that this order should be circulated to all the high courts and brought to the notice of all the HC judges. (Order dated August 6, 2012 by the bench of Justices Chauhan and Swatanter Kumar.) Impact: This ruling will save consumers the harassment of needlessly being dragged by the opponent to the HC to frustrate and tire them out. 
    (The author is a consumer activist and has won the government of India’s National Youth Award for Consumer Protection. His e-mail isjehangir_gai@indiatimes.com)

Source:::::: The times of India, 29-04-2013, p.06, 
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

City gets its first Shariah court to settle civil, marital disputes

Mohammed Wajihuddin TNN 

Mumbai: The city is set to get its first Darul Qaza or Shariah court to settle civil and marital disputes in the Muslim community. The court, set up by the All India Muslim Personal Law Board, will be inaugurated on Monday at Anjuman-i-Islam, near CST, and will serve to fill a long-felt need of the community. 
    Shariah courts already function at many places in the country, such as Hyderabad, Patna and Malegaon. Here qazis appointed by the AIMPLB hear the community’s various disputes, barring criminal cases, and deliver judgements. “This court will function to settle mainly family disputes pertaining to marriage, divorce and inheritance. Marriage disputes will be settled quickly and the couples will be told to either reconcile or separate if reconciliation is not possible. It will save the community much time and money as fighting cases in civil courts is expensive and time-consuming,” said AIMPLB secretary Maulana Wali Rahmani.  

‘Shariah courts don’t compete with civil courts’ 
Mumbai:The city’s first Shariah court will be inaugurated on Monday. For a dispute to be heard by a Shariah court, both the parties involvfed will have to approach the court. If one of the parties has approached a civil court, then it will have to withdraw the case for the Shariah court to accept the matter. 
    AIMPLB secretary Maulana Wali Rahmani said Shariah courts did not compete with the civil courts. “On the contrary, Shariah courts will lower the burden of the civil courts where thousands of cases are pending and the judges are overworked,” he said. 
    Senior advocate and head of AIMPLB’s legal cell Yusuf Muchalla called the city’s Shariah court a “significant alternative dispute settlement mechanism”. “This court will decide within the framework of Muslim personal laws and mainly deal with matrimonial disputes. This is a kind of domestic tribunal set up by the Muslim community,” Muchalla said. He added district and high courts in Bihar, Jharkhand, Bengal and Orissa had upheld several decisions given by courts established by the Imarat-e-Shariah headquartered in Patna. Muchalla said Shariah courts were within the . law of the land.


Source:::::: The times of India, 29-04-2013, p.01, 
http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Extra internal marks will be scaled down

Yogita Rao TNN 

Mumbai: Mumbai University’s academic body on Monday accepted a review committee’s proposal to scale down internal assessment marks if they are in excess of 20% in the external test. The council also accepted another proposal changing policies of promotion to the final year in the new credit-based semester system. 
    The review committee, headed by pro-vice-chancellor Naresh Chandra, proposed a scaling down of ‘spiked’ internal assessment scores. The proposal was accepted by the council, but will be implemented only after amendments in the regulation will be officially passed at the next academic council meeting. The proposal was to scale down internal marks if they are 20% or above in excess of external test marks, which will be done using software. 
    From the next academic year, all three years in the degree course will follow the creditbased semester system. Since colleges will be responsible for such a high percentage of marks, it will be easy to keep a check on colleges giving away marks generously. A principal said the move will ensure uniformity in the internal assessment system, which was criticized last year. 
    The council also accepted changes in the ATKT policy. Students will be promoted to the final year only if they clear the first year and have ATKTs in some subjects in the second year, or if they have ATKTs in some subjects in the first year and clear the second year. This will be introduced after amendments in the manual of the credit-based choice system. In the original manual, students can get ATKTs in two subjects in each semester. 
    Despite the teachers’ strike, the academic council decided to start the new term as usual from June 10. The dean of commerce, Madhu Nair, said in at least 20 out of 50 centres, more than 75% assessment was over. In very few centres, less than 25% is over. “Papers from these centres will be directed to others,” he added. 
    Meanwhile, the teachers are trying to approach legislators to convince the government to arrive at a negotiated settlement. Union representative Tapati Mukhopadhyay said, “In an agitation of this magnitude, the government has to meet us and arrive at a negotiable settlement. We are ready for it.”


Source:::: The Times of India, 30-04-2013, p.03, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW 

Mum univ plans diploma in religion

Mumbai: Mumbai University will offer a diploma course in religion and society, peace and dialogue. 
    To be offered at St Andrew’s College (Bandra), it will help “stem growing mistrust between religious communities through sound knowledge of each other’s beliefs and traditions”. 
    The diploma in religion and society, peace and dialogue will be offered to students who have completed their HSC. 
    The university’s academic council approved new courses in undergraduate, post-graduate and diploma, including courses in media. 
    The courses include bachelor and masters of film, TV and new media production, master of entertainment media and advertising, masters of art (TV studies and film studies). There are certificate courses in Bhakti literature, functional proficiency in English, understanding literature and cinematic texts for children up to seven and eight to 15 years too. 
    Second year BCom students will be offered retail management, insurance and entrepreneurship development subjects from next year, after approval.


 Source:::: The Times of India, 30-04-2013, p.03, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Flat buyers can proceed against builders for remedy, SC had said

Swati Deshpande TNN 

Mumbai: As residents of the 35 floors held illegal by the Supreme Court in seven buildings of Worli’s Campa Cola compound face an uncertain future, a question being raised is who should be held liable to compensate those families that bought flats on these floors in good faith. 
    In its February 27 order that the illegal floors be demolished, the apex court said the “flat buyers shall be free to avail appropriate remedy against the developers/ builders”. 
    “The flat owners could be entitled to compensation after demolition, but the compensation can come only from the builder and/or promoter, it cannot come from the BMC which had sanctioned the plans,’’ said a lawyer not willing to be named. 
    In the law of contracts, “good faith” is a general presumption that the parties to a contract will deal with each other honestly and fairly so as not to destroy the right of the other party or parties to receive the benefits of the contract. 
    For bona fide buyers, shouldn’t the builder or their heirs be held liable to compensate the people who now stand to lose their homes? “Usually the residents or flat buyers are helpless in the face of violations committed by the developers… Under the Maharashtra Ownership of Flats Act, the builders in the city usually enter into sale agreements based on initial permission required for any construction (even before the commencement certificate) from the civic authorities and though the law mandates that further amendments may be made with approval from the buyers, the provision is routinely flouted,” said advocate Y P Singh. 
    Another issue that arises is whether the authorities who had the responsibility to sanction the building plan and to monitor the construction and its progress should be accountable too. 
    “Does the civic body or the officers attached to departments that sanctioned the development as part of their statutory duty or permitted amendments to the original building plans and were meant to monitor their development at various stages escape liability and blame completely? Is there no accountability of those officers who were to act against the irregularities at the appropriate time?” said senior counsel Amit Desai.

Source:::: The Times of India, 30-04-2013, p.02, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

HC declines to intervene in Worli case, cites petition in apex court Residents To Weigh Future Legal Course

Rosy Sequeira TNN 

    The Bombay High Court on Monday declined to intervene and grant interim relief from demolition to residents of the illegal upper floors of all buildings at the Campa Cola compound at Worli. 
    Rejecting their plea, the court said so long as the Supreme Court’s order continues to operate, it should not interfere with the Brihanmumbai Municipal Corporation’s (BMC) action under Section 488 of the Mumbai Municipal Corporation Act, more so when a review petition is pending before the apex court. It noted that there is no interim relief granted in the review petition. 
    A division bench of Justice Abhay Oka and Justice A R Joshi heard two petitions, one by residents who live above the fifth floor and another, by those who live up to the fifth floor. The SC had on February 27, 2013, upheld the BMC’s notice under Section 351 (stop work) notice. 
    Advocates Rajendra Pai and Sandeep Aole argued on behalf of all residents facing demolition that the BMC is “going hammer and tongs’’ to undertake the demolition even while their review petition is pending in the Supreme Court. “It is an enormous, gross work. Nowhere in Mumbai has demolition taken place of an occupied building,’’ said Pai. The judges said the BMC notice has been confirmed by the Supreme Court. “What else is there to be done? Once the apex court says demolish, can anybody say he wants to continue to stay?” asked Justice Oka. 
    The judges said the residents could have gone to the Supreme Court with their grievances instead of approaching the HC. “You’ve adopted remedy of review, you go there. In the teeth of this direction, can we stop the demolition?” asked Justice Oka. Pai said residents moved the HC after flats above the fifth floor were issued notice under Section 488 (power to commissioner to enter premises) of the MMC Act on April 26, 2013 in which they were asked to vacate their premises by April 29, 2013. He said the SC order does not say demolition should be carried out hastily. 
    To a query, the judges were informed that demolition has not started. “Demolition of a building where a person is residing is against fundamental rights,’’ said Pai, adding, “They must not take hasty decisions. Don’t dis-house me like this. We appeal to the conscience of the court.” Pai said time to exhaust legal remedy must be given. 
    The judges said they were not going to hear the petitioners on merit. They made extensive reference to the Supreme Court’s order. They pointed out that the SC said it was not dealing with illiterate people but those who were fully aware that the upper floors were illegal. Also, the SC had expressed that the BMC will undertake the demolition at the earliest and that its officers/employees shall not put hurdles and obstacles in its way. 
    “We are contemplating the legal options available and should decide on the next course of action by Tuesday,” said Aole, a partner in the law firm which handled the High Court case for the residents. 
    Counsel M P Rao, appearing for residents living up to the fifth floor, argued the BMC does not have technical ability and specialised knowledge to undertake demolition of only the occupied part of the structure. “They must make sure the demolition does not affect our flats,’’ said Rao, adding the BMC must get a structural stability report. 
    BMC counsel S U Kamdar said it has appointed consultant Shashank Mehendale and Associates for the job. “The work will be carried out in a phased manner,” said Kamdar. “While carrying out demolition, the BMC is bound to ensure safety of the structures held to be legal,” the court said. 

 

‘ONLY SUPREME COURT CAN GRANT INTERIM RELIEF’ 
HC declines to intervene as the review petition is pending in the SC 
The judges said they were not going to hear the petitioners on merit. Any interim relief or remedy available to the affected residents should be taken up in the pending SC review petition 
We are contemplating the legal options available and should decide on the next course of action by Tuesday 
Sandeep Aole | LAWYER FOR AFFECTED RESIDENTS

Affected residents plan a hunger strike on Thursday

 

 

Source:::: The Times of India, 30-04-2013, p.02, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

Man entitled to divorce if wife doesn’t let his parents stay with them, rules HC

Nikunj Soni Ahmedabad

In a significant verdict, the Gujarat high court has said a husband is entitled to divorce if his wife does not allow his parents to stay with them and also prevents him from taking care of the parents. The bench of chief justice Bhaskar Bhattacharya and justice JB Pardiwala on Monday granted divorce to a Surat-based doctor saying that the behaviour of his wife, also a doctor, amounted to ‘mental cruelty’. The petition for divorce was filed by the husband who had sought dissolution of their 15-year-old marriage. “The court granted divorce, holding that the wife’s actions amounted to mental cruelty towards the husband,” said AY Kogje, counsel for the husband. “We had sought dissolution of the marriage as the wife did not want her in-laws to stay with them and also prevented her husband from keeping any contact with his parents. The court ruled that such action can be covered under the definition of mental cruelty,” the lawyer said. Milind Dave (name changed) had filed for divorce from Mitali (name changed) on the ground that his wife had not allowed his father and mother to stay with them.  Not only that, the wife had also prevented him from keeping his mother with them after his father died of blood cancer. According to the petition, in 2007 too the husband had filed for divorce in the Surat family court on the ground of mental cruelty caused by his wife by refusing to allow his parents to stay with them at their house in Surat. However, the court in 2012 rejected the husband’s plea. Milind then filed an appeal in the high court. He put several grounds and evidence against his doctor-wife.  According to the petition, the wife had not only objected to his parents staying with them, she had also objected to his going to Ahmedabad to take care of his father who was then suffering from blood cancer. Milind’s parents were then living in Ahmedabad.

Source::::  DNA < 23-04-2013, p.2, http://epaper.dnaindia.com/story.aspx?id=44218&boxid=32735&ed_date=2013-4-23&ed_code=820009&ed_page=11

Univ moves to produce skilled engineers

All 14 branches of engineering will have amended teaching, learning patterns

Kanchan Srivastava @kanchanDNA

After being criticised about the large number of unskilled engineers graduating each year, the University of Mumbai has finally woken up to change the way professional courses are being taught. Aiming to fill the gap between industry and classroom, the university will make sure students have minimum basic skills along with specialised skills before completing the course. That means instead of vague subject syllabus, all 14 branches of engineering, including pharmacy, architecture and MCA, will have clearly defined ‘course objectives’ and ‘course outcome’. While teachers will have to focus on ‘course objectives’ to make sure that students acquire defined skills, learners will be evaluated for the desired ‘course outcome’ in the exam.  The amended teaching and learning pattern will be implemented from 2013-14 in the second year followed by third and fourth year (except MCA which is a three-year course) from the consecutive year. The move aims to make students more dynamic and industry-ready and will be adopted in accordance with National Board of Accreditation (NBA) guidelines. Every professional institute is expected to get an accreditation from the NBA within six years of the new pattern being introduced. The changes were finalised on Monday in a meeting of Board of Studies for various courses of engineering and technology. “One must possess minimum basic skills along with special skills pertaining to his/ her branch before qualifying for a degree. We have studied the course structure and evaluation system of IITs and NITs and are quantifying the core knowledge and skills for each professional course,” said Prof SK Ukarande, dean, faculty of technology. There will be no change in exam system but the evaluation pattern will be changed. “Tests will evaluate if students have basic skills to become an engineer — his/ her analytical and creative skills and understanding of the need of society, environment and industry (70% weightage) and specific skills like ability to apply the subject knowledge in the industry (30%),” said Ukarande. Source::::  DNA < 23-04-2013, p.2, http://epaper.dnaindia.com/story.aspx?id=44220&boxid=30469&ed_date=2013-4-23&ed_code=820009&ed_page=2

Degrading 2-finger test must end: SC

Kanu Sarda @kanusarda

New Delhi: The humiliating practice of subjecting a woman to a two-finger test to determine whether she was raped will come to an end after the Supreme Court (SC) ruled that it “violates the privacy, physical and mental integrity and dignity” of rape victims.  “This test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent,” a bench of justices BS Chauhan and FMI Kalifulla ruled. The justice Verma committee has also said victims should not be subjected to this test. The SC was hearing a case involving the rape of a 13-year-old and said the two-finger test was immaterial here as the question of consent did not arise. Last week, it dismissed the appeal of the rape convict from Haryana who had challenged his seven-year sentence for committing rape in 2001. “Such tests are not only inhumane, but they also shatter the girl, who is already traumatised, to another round of humiliation. The apex court has brought relief to all the victims,” SC lawyer Rekha Aggarwal said. Rape survivors were entitled to legal recourse that did not re-traumatise them or violate their dignity and physical and mental integrity, the bench noted, citing the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985.  “Medical procedures should not be carried out in a manner that constitutes cruel, inhuman or degrading treatment,” the SC said. “A rapist not only causes physical injuries, but also leaves behind a scar on her dignity, honour, reputation and chastity." Source::::  DNA,  23-04-2013, p.01.http://epaper.dnaindia.com/story.aspx?id=44221&boxid=28942&ed_date=2013-04-23&ed_code=820009&ed_page=1

‘Youths need greater legal literacy’

Yogita Rao TNN 

Mumbai: Rave party raids by the police, the arrests of two girls for Facebook posts, the gangrape of a 23-yearold girl in Delhi. These were among the cases highlighted in ‘Youth rights, law and governance’, a chapter that is part of the study titled ‘State of the Urban Youth 2012’. 
    The chapter’s author says there are many laws that impact youth, but “youth participation and perspective is lacking in laws and policies relating to them”. “There is lack of awareness and a failure in implementing these laws and policies… in letter and spirit,” says the chapter. 
    The chapter’s author states that Indian youth should be aware of their rights and the laws and policies that govern them. They should help implement these laws and policies. “They must become agents of law-reform campaigns and movements for social change,” says the study. 
    The social change the youths can help bring about includes fighting scams, corruption and the drop-out rate, says the study. The report also strongly advocates the involvement of youths in legal literacy and law-reform campaigns. 
    Citing a particular case study of four juveniles who were arrested in Mumbai, the author of the chapter on ‘Youth rights, law and governance’ states, “Almost all children in conflict with law are children in need of care and protection and need rehabilitation.” The role of education is very important in reducing vulnerabilities, states the report, as 55% of juvenile criminals are illiterate or limited to primary education only. 
    It further says, “In many cases children in conflict with law are actually children in need of care and protection who have been denied their right to education, care, health, shelter, care and protection for some reason.” 
    The chapter advocates linkages with various ministries and government departments and convergence between various legislations. The chapter adds, “Without sufficient political backing, effective implementation, adequate budgets and robust enforcement, the laws and amendments could remain on the statute book without any impact.” 
    It further recommends that India’s resurgence potential as an economic and a socially responsible power rests on the Indian youth who must be aware of their rights, laws and policies. 
 
DREAMS VS REALITY HEALTH Most health policies and programmes lack a comprehensive perception of young people’s health 
POLITICS Percentage of collegeeducated men interested in politics rose from 62 to 86% from 2009 to 2011. For women it went from 62 to 66%. College-educated youths are more interested in politics. 11% of urban youth have high interest in politics as opposed to 9% of rural youth 
WOMEN Women are very visible in lowest-paying, low-skill jobs that are also often tedious, risky and hazardous 
INEQUALITY Mismatch between youths’ aspirations & reality. There is glaring inequality in cities.


Source::::: The Times of India, 16-04-2013, p.05, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW

‘Free lawyer’ service in J’khand helps tribals branded Maoists

Jaideep Deogharia TNN 

Ranchi: A group of young lawyers in Ranchi has decided to take up, gratis, cases of thousands of tribals branded Maoists and shoved into jails across Jharkhand every year. 
    The lawyers, who have named their organization Jharkhand Organization for Human Rights (JOHAR), have initiated a survey to pick out such cases and offer them free legal consultation. And just so that the tribals are aware that they need not pay for seeking judicial assistance, the lawyers have named their endeavour ‘muft mein wakil’. 
    “Despite options of free legal aid offered by the government and agencies like district legal services authority, tribals often don’t get these facilities because they are afraid to approach them. Also, they are hardly aware of the law,” says Gopi Nath Ghosh, who is associated with the endeavour. 
    Human rights violation is a mounting problem in Jharkhand’s tribal areas which sees many innocent people being labelled Maoists and prosecuted. NGOs working in the area say that the number of such cases increases whenever there is a security operation in the region. 
    For instance, 13 people were framed as Maoists in the 2001 Topchanchi massacre in which 13 Jharkhand armed police officers were killed. After they had spent many years in jail, they were finally acquitted by the Dhanbad district court in May last year. 
    Curiously, nobody is really sure about the exact number of such cases where tribals are unfairly branded as rebels. A missionary, Father Stain Swami, who works for the rights of tribals, had filed an RTI application with the state government in 2011 to seek accurate figures. He says that the total number of such cases could be around 6,000 or even more. 
    With most tribals not even fully literate — let alone being aware of complex legal formalities — help from the lawyers is being hailed as a welcome step for them. Although till now, the lawyers have identified only about a dozen cases, the momentum, says advocate Anup Agarwal, convener of JOHAR, would pick up once their survey is complete. 
    Incidentally, one of the cases in which the lawyer group has already started providing free assistance is the high-profile Jeetan Marandi case. Jeetan Marandi was accused of masterminding the Chilkhari massacre in 2007 in which former chief minister Babu Lal Marandi’s son Anup was killed. The subordinate court had pronounced capital punishment but the Jharkhand high court not only reversed the judgment but also acquitted him of the charges.

TAKING UP THE CUDGELS: 
The lawyers say that legal aid is offered by the govt and other agencies but the tribals are afraid to approach them

 
Source:::::: The Times of India, 15-04-2013, p.07, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW 

MU to help citizens resolve disputes through mediation

Yogita Rao TNN 

Mumbai: To lessen the burden on the state’s legal services, the University of Mumbai, along with the Maharashtra State Legal Services Authority, will offer pre-litigation mediation services. The move aims to reduce the number of pending court cases. 
    Petitioners will either be directed to this centre, which will be called Mumbai University Legal Aid Clinic, or they can approach it on their own. The clinic will function on the first and third Saturday of every month. 
    The permission to establish the clinic at the university’s law department was recently granted by the Maharashtra State Legal Services Authority. The permission letter stated that the centre could hold legal awareness programmes, legal literacy camps, pre-litigation mediation and similar services in co-ordination with the High Court Legal Services Committee, Mumbai. It further stated that the “HC legal services committee will be supervising and monitoring the clinic activities and will also provide office personnel for legal services for better functioning”. 
    The initiative is the brainchild of professor Ashok Yende, who is also the head of department of law. “There are several lakhs of cases pending in court. With this clinic, we can help in disposing some of them and reduce the load on the court,” said Yende. The university’s law department faculty and court-appointed advocates will help resolve disputes at the clinic. Besides, senior varsity students will be allowed to work on cases as a part of their course projects. “The department will write to affiliated colleges to send in faculty and names of those students who would like to serve the clinic voluntarily,” he said. 
    Once cases come to the centre, facilitators will try to settle them. “After parties agree for settlement, we will make them sign memorandums of settlement on a stamp papers and submit it to the legal services authority. They will have to agree they don’t have any grievances. After the arbitration process, they cannot go back to the court,” said Yende, adding that the arbitration could be challenged in court on legal, technical and constitutional grounds, if either party is not satisfied. 
    The department also plans to advertise the clinic to create awareness among citizens. Yende said he is yet to discuss it with the legal services authority.
 
Source:::::: The Times of India, 15-04-2013, p.05, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW 

Today’s youth seek life-work balance: TISS

Bella Jaisinghani TNN 

Mumbai: Employers troubled by high attrition rates may feel less guilty if they read a youth survey released by the Tata Institute of Social Sciences (TISS). It says that today’s youngsters value work experience over stability: they change jobs more frequently than their parents did and are not embarrassed about putting “thumbnail careers” on the CV. 
    The missionary zeal of Satya in Satyakam or Vijay in Zanjeer no longer holds appeal. Today’s youth feel that the days of the Angry Young Man, who single-handedly changed the system, are gone. Now, you need to be a team player to bring change. Yet, 38% of respondents were willing to join politics “to end corruption and injustice”. 
    According to the Young India survey, the millennial generation—born after 1985 —seeks “life-work balance” rather than putting work first in the equation. 
    The two-month quantitative survey was conducted by Dr D P Singh, chairperson of the Centre for Research Methodology, TISS.  

‘Previous generation was ashamed of short job stints’ 
Mumbai: The qualitative analysis for a TISS survey about today’s youngsters was undertaken by private consultant Shalini Rawla. The team interviewed 500 youngsters, 250 in Mumbai and the rest in New Delhi. 
    Singh said, “We found a lot of changes that differentiate this generation from the past. They are extremely hardworking, and because a lot of opportunities are available to them, they are apt to move on to new jobs quickly. As compared to their parents who probably held on to one company for years before moving on, youngsters today may be seen as ‘disloyal’ by employers. Especially those in the BPO and IT sectors keep a job for barely two years at best.” 
    The earlier generation was almost embarrassed about putting a short stint or “thumbnail career” on their CVs. Not so this one, said Rawla. Reversing the mantra of work-life balance, life-work balance has taken over. “Few youth are opting for arestrictive 10-7 job because they believe you only live once. Flexitime is a definite plus. They also want to spend money rather than save,” said Singh. 
    Corruption, and the dismal economic and political scenario may dishearten the parents of the respondents, but not them. “Around 45% are optimistic about India’s economic future in the next five years,” says the TISS expert. 
    Rawla found that the advent of social media had unburdened the present generation of “helicopter parents”—those who tend to monitor their child’s activity on a routine basis. “In fact, youngsters now expect helicopter employers to show them how things are done rather than merely issue instructions,” she said. 

FINDINGS OF YOUNG INDIA SURVEY 
    Youth comprise 31.5% of India’s population (NSS 2008-09). The millennial generation is one of the biggest generations in numbers and by 2020, its members will represent one out of every three adults 
    The TISS report says 54% of youth will consider a job with less work time while 89% look for flexible timings Of the respondents, 51.2% were keen to volunteer for charitable causes and the betterment of society 38% would like to join politics to “bring about the change” they believe in, and to curb injustice, corruption and crime About 45% feel that India’s economy will improve in the next five years

Source:::::: The Times of India, 15-04-2013, p.01, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW 

Family court reunites couples at war

Swati Deshpande TNN 

Mumbai: The family court in Bandra recently held a first of its kind group reconciliation meeting. Eight couples walked in separately but walked out hand in hand. 
    On April 6, the fifth floor waiting area outside Judge Swati Chavan’s courtroom lost its grim ambience. It sported a festive air, as if in anticipation of things to come. Judge Chavan, said a lawyer, 
had organized a group reconciliation meet. The aim was to get quarrelling couples back together. 
    For five years a young man hadn’t allowed his wife to stay in the matrimonial house. He wanted her out and their case had landed in the family court where it languished since 2008. But last week, their long wait seemed worth it. They “realised’’ their dispute was not worth fighting over, and were reunited as a couple. They exchanged flowers and smiles. Children were present and they too presented flowers to their parents. A few tears were shed, but they were of joy as the long drought of harmony ended for some. The family court had quietly played the enabler’s role. 
    “Everyone thinks that a family court is only meant to grant divorce, but the object of the Family Courts Act is to settle marital disputes even through conciliation,’’ advocate Chitra Phadke said. Few know that the statute in its preamble clearly states that it is “an Act to provide for the establishment of family courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs,” Phadke said. “The group reconciliation was proof of the efforts taken by the Mumbai family court in the successful implementation of the social legislation.’’ 
The idea of saving marriages cropped up about two months ago. The judge who presides in court room No. 5 identified about ten couples whose issues “seemed minor’’ and “resolvable’’. 
They were of all categories. Some had come to court with bitter disputes ranging from pleas for maintenance to divorce by mutual consent as well as cruelty claims, property fights and incompatibility issues. Lawyers play big role in reuniting couples 
    Of the ten couples, eight agreed to come and they included some who were married for over a decade and a few for about a year. The family court’s counsellors and lawyers who appeared in the matter played a major role too. They counselled the couples thoroughly and continuously. One couple, both Christians, was married for 10 years before the partners filed for divorce by mutual consent last year. He is 41 and she 35. Their differences were not very big and all they needed was “proper counselling’’, the judge observed. They agreed and dropped their case that was headed to splitsville. 
    In another, it was a case of sweet love gone sour. “Parental interference had left them estranged,’’ said a lawyer. The couple was still young in their mid-20s with a child. One husband got quite emotional at the gathering, “My parents did not help me get back with my wife and child but the family court did.’’ A couple married for two years with a one-yearold child wanted a divorce. The 31-year-old husband said his 25-year-old wife was “cruel, not keeping him happy’’. She threatened to commit suicide. The judge explained that both should act responsibly. That seemed to do the trick to get them back together. 
    One man, who ran a butcher shop in south Mumbai, wanted his wife to quit working. The rift slaughtered their marital happiness. After the family court’s intervention, she kept her job and her marriage intact. 
    Advocate Nilofer Akhtar, a veteran lawyer at the family court, said, “The group reconciliation was a great concept and should be done on a regular basis. As lawyers, we too try to mediate between warring couples for a solution, either for an amicable split or even a reunion to protect the interests of the children.’’ 
    Sajan Oomen, president of the Family Court Bar Association, also supported the initiative. “The idea behind the move was to show that the family court can also get people, who are so inclined, to stay united,’’ a lawyer said. 
    The other aim of the judge was to motivate other sparring couples to explore a peaceful settlement. It worked, as two estranged couples who watched from the fringes, wanted in. They will now be counselled.


Source:::::: The Times of India, 15-04-2013, p.01, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW