The Prohibition Of Child Marriage Act, 2006
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The Prohibition Of Child Marriage Act, 2006
The Prohibition of Child Marriage Act 2006 came into force on 1 November 2007 in India. The act forbids child marriages in India. It also protects and provides assistance to the victims of child marriages. In October 2017, the Supreme Court of India gave a landmark judgement criminalising sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then viewed the consummation of marriage with minor wife as legal. Historical background UNICEF defines child marriage as marriage before 18 years of age and considers this practice as violation of human right. Child marriage has been an issue in India for a long time, because of its root in traditional, cultural and religious protection it has been hard battle to fight. According to 2001 census there are 1.5 millions of girls in India under the age of 15 years already married. Some of the harmful consequences of such child marriage are that, child loses opportunities for education and segr ...
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Parliament Of India
The Parliament of India (International Alphabet of Sanskrit Transliteration, IAST: ) is the supreme legislative body of the Republic of India. It is a bicameralism, bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president in his role as head of the legislature has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha. The president can exercise these powers only upon the advice of the prime minister of India, prime minister and his Union Council of Ministers. Those elected or nominated (by the president) to either house of Parliament are referred to as member of Parliament (India), members of Parliament (MPs). The member of Parliament, Lok Sabha, members of parliament of the Lok Sabha are direct election, directly elected by the Indian public voting in single-member districts and the member of Parliament, Rajya Sabha, members of parliam ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Child Welfare In India
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger than the age of majority. Children generally have fewer rights and responsibilities than adults. They are classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child of nature" or "a child of the Sixties." Biological, legal and social definitions In the biological sciences, a child is usually defined as a person between birth and puberty, or between the developmental period of infancy and puberty. Legally, the term ''child'' may refer to anyone below the ...
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Law Of India
The legal system of India consists of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. In the first major reformist judgment for the last decade, the Supreme Court of India banned the Islamic practice ...
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Jaya Jaitly
Jaya Jaitly (born 14 June 1942) is an Indian politician and former President of Samata Party (now led by Uday Mandal its current President), an activist, author and Indian handicrafts curator. She stepped down as party president because of the Operation West End controversy in 2002. In 2020 she was sentenced to 4 years in prison for her role in the Operation West End bribery case. Biography Jaya Jaitly was born on 14 June 1942 in Shimla. Her father was K K Chettur, from Kerala, and was the first Indian ambassador to Japan. Jaitly had been to Japan and Burma. Her father died when she was thirteen. Jaitly and her mother returned to Delhi and joined the Convent of Jesus and Mary school. She met Ashok Jaitly in college and got a scholarship to study in Smith College, US. They got married in 1965. They have two children, Akshay and Aditi (who later married cricketer Ajay Jadeja). Jaitly met the politician George Fernandes when her husband started working for him. On Fernandes' re ...
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National Family Health Survey
The National Family Health Survey (NFHS) is an India-wide survey conducted by Ministry of Health and Family Welfare, Government of India, with the International Institute for Population Sciences serving as the nodal agency. History In 1992-93, the first round of the National Family Health Survey was conducted in three phases. The main objective of the survey was to collect reliable and up-to-date information on fertility, Family planning in India, family planning, mortality rate, mortality, and maternal and child health. Subsequently, four other rounds conducted between 1998 to 2015. The latest being NFHS 5 that started in 2019, however, was stalled amid the COVID-19 pandemic in India, COVID-19 associated COVID-19 lockdown in India, lockdown. Eventually, the NFHS-5 findings were released in December 2020. Based on these findings, the Ministry of Health and Family Welfare, ministry has set up a technical expert group to improve indicators pertaining to Malnutrition, Stunted growt ...
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Government Of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, President, aided by the Council of Ministers, and the Supreme Court respectively. Through judicial evolution, the Parliament has lost its sovereignty as its amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legislature have negligible say. Etymology and history The Government of India Act 1833, passed by the British parliament, is the first such act of law with the epithet "Government of India". Basic structure The gover ...
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Standing Committee (India)
In the Indian Parliament, a Standing committee is a committee consisting of Members of Parliament or MPs . It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business. The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a great deal of its work is carried out in these Parliamentary committees. Both Houses of Parliament, Rajya Sabha and Lok Sabha, have similar committee structures with a few exceptions. Their appointment, terms of office, functions and procedures of conducting business are broadly similar. These standing committees are elected or appointed every year, or periodically by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, or as a result of consultation between them. There are two types of Parliamentary committee, the Standing committee and the Ad hoc committee. # The Standing committees are con ...
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Smriti Irani
Smriti Zubin Irani (''née'' Malhotra; born 23 March 1976) is an Indian politician and a former television actress and producer. She is a Minister in Union Cabinet of India since May 2019 currently administrating the Ministries of Women and Child Development and the first Non-Muslim to serve as the Minister of Minority Affairs. A prominent leader within the Bharatiya Janata Party, she is a Member of Parliament in the Lok Sabha, representing Amethi, Uttar Pradesh. In the 2019 Indian general election, she defeated Rahul Gandhi — the country's principal opposition leader and the president of Indian National Congress — to win the Amethi seat. Previously the Amethi constituency had been represented by the members of the Gandhi family for the last four decades. Earlier in 2011, Irani had become a member of the Rajya Sabha from Gujarat. Irani was the youngest minister in the 2019 Council of Ministers, when she was sworn in as a Cabinet Minister in May 2019 at the age of 43. H ...
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Indian Union Muslim League
The Indian Union Muslim League (abbreviated as the I. U. M. L. or the League) is an Indian political party primarily based in the Indian state of Kerala. It is recognised as a State Party in Kerala by the Election Commission of India. The first Council of the Indian segment of the Muslim League was held on 10 March 1948 at the south Indian city of Madras (now Chennai).Wright, T. (1966). The Muslim League in South India since Independence: A Study in Minority Group Political Strategies. ''The American Political Science Review,'' ''60''(3), 579-599. The 'Indian Union Muslim League' constitution was passed on 1 September 1951. The party is a major member of the opposition United Democratic Front, the Indian National Congress-led pre-poll state level alliance in Kerala.James Chiriyankandath (1996) Changing Muslim politics in Kerala: identity, interests and political strategies, ''Journal of Muslim Minority Affairs'', 16:2, 257-271. Whenever the United Democratic Front rules in Ker ...
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Kerala
Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South Canara, and Thiruvithamkoor. Spread over , Kerala is the 21st largest Indian state by area. It is bordered by Karnataka to the north and northeast, Tamil Nadu to the east and south, and the Lakshadweep Sea to the west. With 33 million inhabitants as per the 2011 census, Kerala is the 13th-largest Indian state by population. It is divided into 14 districts with the capital being Thiruvananthapuram. Malayalam is the most widely spoken language and is also the official language of the state. The Chera dynasty was the first prominent kingdom based in Kerala. The Ay kingdom in the deep south and the Ezhimala kingdom in the north formed the other kingdoms in the early years of the Common Era (CE). The region had been a prominent spic ...
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Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ...
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