Legal Bites December 2022: Monthly Legal GK Updates
Here are Legal Bites December 2022 monthly GK updates. The notable happenings of the month were decisions related to the supreme court, pregnancy, regulatory reforms, amendments, insolvency, RBI, reservation, new bills introduced and so on. We have covered all the happenings in the gist so that it helps the readers to remember all legal and current updates about December 2022 most efficiently and easily.
Key Highlights: Legal Bites December 2022
1. SIM Swapping Frauds are at the Surge in India
2. Gender Pay Gap at Workplaces: Indian Aspect
3. Justice delayed is justice denied
4. Law and Justice in a Global World
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Legal Bites December 2022 – Monthly Legal GK Update
1. PMLA Amendments
On December 1, in its recent amendment, the Central Government listed 15 government bodies that are required to share information with the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA). The list was amended in accordance with Section 66 of the PMLA.
2. West Bengal’s ‘Graded Response Action Plan’
On December 2, the state government of West Bengal announced the ‘Graded Response Action Plan’ (GRAP) after Kolkata’s air quality worsened significantly during the last week of November. West Bengal’s GRAP ‘Graded Response Action Plan’ (GRAP) aims to combat increasing air pollution in Kolkata and other non-attainment cities like Howrah, Barrackpore, Durgapur, Haldia and Asansol.
3. Decline in Maternal Mortality Ratio in 2018-20
On December 2, the Registrar General of India released a special bulletin on Maternal Mortality Ratio (MMR). It revealed that India achieved a significant milestone by reaching the National health policy (NHP) target for MMR. MMR is the maternal mortality ratio (MMR) is the number of maternal deaths during a specific time period per 100,000 live births.
4. SC’s Idea on Project GIB
On December 2, the Supreme Court, while hearing a plea to protect the Great Indian Bustard (GIB), floated an idea of a “Project GIB”, in line with Project Tiger. About Great Indian Bustard The Great Indian Bustard (GIB) is a large bird species mainly found in Rajasthan and Gujarat.
5. Meghalaya cabinet approved mental health and social care policy
On December 2, The Meghalaya cabinet approved a policy aimed at addressing the issues of mental health and social care through collaborative engagement with communities. The Meghalaya Mental Health & Social Care Policy was approved at the cabinet meeting, chaired by the Chief Minister. In 2014, the Centre launched the first-ever National Mental Health Policy in an attempt to provide universal psychiatry care.
6. RBI Unveils 4-tiered Regulatory Framework for Urban Cooperative Banks
On December 3, a four-tiered regulatory framework for the categorization of Urban Cooperative Banks (UCBs) was recently released by the Reserve Bank of India (RBI). It also announced norms concerning the net worth and capital adequacy of these banks.
7. Centre Approves PADMA as Self-Regulatory Body
On December 6, The Union Ministry of Information and Broadcasting recently approved the Print and Digital Media Association (PADMA) as a self-regulatory body for publishers of news and current affairs across India. The Print and Digital Media Association (PADMA) is a self-regulatory body having 47 news publishers.
8. Press Communique
On December 6, Vide notifications dated 06.12.2022, in the exercise of the power conferred by Article 223 of the Constitution of India, the President, is pleased to appoint Shri Justice Tashi Rabstan, senior-most Judge of the High Court of Jammu & Kashmir and Ladakh, to perform the duties of the office of the Chief Justice of the High Court of Jammu & Kashmir and Ladakh, with effect from 08.12.2022 consequent upon the retirement of Shri Justice Ali Mohd Magrey, Chief Justice, High Court of Jammu & Kashmir and Ladakh.
9. Delhi high court allows a woman to terminate 33-week pregnancy
On December 6, The woman approached the high court to seek medical termination of pregnancy at 33 weeks on account of cerebral abnormalities in the foetus. According to the Medical Termination Pregnancy (MTP) Act, medical termination of pregnancy is allowed only till 24 weeks. The high court earlier constituted a medical board at the Lok Nayak Jaiprakash hospital to make an assessment of the abnormalities.
10. India Hosts Conclave of NSAs of Central Asian Countries
On December 7, this is the first time India is hosting a conclave of top security officials from Central Asian countries including Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan focussing on the evolving security situation in Afghanistan and ways to deal with the threat of terrorism emanating from that country.
11. Fast Track Special Courts under POCSO Act Posted (08 DEC 2022)
On December 8, the Department of Justice has started a Centrally Sponsored Scheme in October 2019 for setting up 1023 Fast Track Special Courts (FTSCs) for expeditious trial and disposal of cases related to rape and the Protection of Children from Sexual Offences (POCSO) Act, in pursuance to the Criminal Law (Amendment) Act 2018. Initially, the scheme was for 1 year which has been continued up to 31.03.2023 at a cost of Rs.1,572.86 crore with a central share of Rs.971.70 crore.733 FTSCs including 413 exclusive POCSO Courts are functional in 28 States/UTs (up to 31.10.2022). This information was given by the Minister of Law and Justice, Shri Kiren Rijiju in a written reply in Rajya Sabha today.
12. AAP to Become National Party
On December 9, the Aam Aadmi Party (AAP) scored enough votes in Gujarat in the recent elections to get the “national party” status.
13. Bombay High Court allows felling of 22,000 mangrove trees for bullet train project ‘in the public interest
On December 9, the Bombay High Court Friday allowed the plea of National High-Speed Rail Corporation (NHSRCL) for the felling of 21,997 mangrove trees in Mumbai, Palghar and Thane to clear the route for the Mumbai-Ahmedabad bullet train project “in public interest” subject to various conditions. The NHSRCL had assured the court it would plant five times the total mangrove trees that were earlier proposed to be felled and the number would not be reduced for the same. The NHSCRL submitted that it paid the mangrove cell for the planting of nearly 2.5 saplings as a compensatory measure.
14. Wildlife (Protection) Amendment Bill, 2022
On December 9, the Rajya Sabha has recently passed the Wildlife (Protection) Amendment Bill, 2022 which makes changes to the Wildlife (Protection) Act, 1972 and gives effect to India’s obligations to the CITES. The Bill was earlier passed by the Lok Sabha on August 2 this year.
15. Supreme Court dismisses petition seeking removal of GST, customs duty on medicines to cure spinal muscular atrophy
On December 9, the Supreme Court dismissed a petition seeking the removal of the levy of goods and services tax (GST) and customs duty on medicines to cure spinal muscular atrophy (SMA), putting the onus on the health ministry to take a call on the matter. Cure SMA Foundation of India, a parent-led organisation, had approached the court seeking exemption of GST and customs duty on the treatment of patients suffering from the disease.
16. RBI Signs Currency Swap Agreement with Maldives Monetary Authority
On December 10, the Reserve Bank of India signed a Currency Swap Agreement with the Maldives Monetary Authority (MMA) to enable MMA to make drawals in multiple tranches up to a maximum of $200 million from the RBI. This agreement has been signed under the SAARC Currency Swap Framework. The agreement will provide swap support as a backstop line of funding for short-term foreign exchange liquidity requirements.
17. India ranked 87th in the world’s strongest passport list in 2022
On December 10, Passport Index 2022 published by Arton Capital ranked the world’s strongest and weakest passports. A passport is a travel document issued by a country’s government to its citizens that verifies the identity and nationality of the holder for the purpose of international travel. India was ranked 87th position in the world’s strongest passport list.
18. No proposal to scrap sedition law, Rijiju informs Lok Sabha
On December 11, Law Minister Kiren Rijiju on Friday told the Lok Sabha that the Ministry of Home Affairs (MHA) has no proposal under consideration to scrap Section 124A of the Indian Penal Code (IPC) that deals with sedition. Mr Rijiju also informed the House that “the question of law” regarding Section 124A is pending adjudication before the Supreme Court.
19. National Judicial Commission Bill, 2022
On December 12, National Judicial Commission Bill, 2022 was introduced in the Rajya Sabha recently. The National Judicial Commission Bill is a private member Bill that proposes major reforms in the Indian Judiciary. Its key features include the appointment of Judges.
20. Press Communique Posted
On December 12, in the exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri Justice Sanjay Vijaykumar Gangapurwala, senior-most puisne Judge of the Bombay High Court, to perform the duties of the office of the Chief Justice of that High Court with effect from the date Shri Justice Dipankar Datta relinquishes the charge as Chief Justice of the Bombay High Court consequent upon his appointment as a Judge of the Supreme Court of India.
21. RBI introduces new norm, allows banks to sell loans before ‘default’ tag
On December 12, Bank and finance companies can sell stressed loans, that are marked default in their records, to asset reconstruction companies (ARCs). The Reserve Bank of India modified the loan sale guidelines last week to allow lenders to sell these loans. Previously, loans could only be converted to ARCs after being in default for more than 60 days or being labelled as non-performing assets (NPAs).
22. Mobile location details of alleged lover in court breach privacy right: HC
On December 13, the High Court of Karnataka disallowed a Family Court’s order to a mobile service provider to submit the call details and mobile tower details of a third party in a matrimonial case between a couple. The couple aged 39 and 37 are fighting a matrimonial case in a Family Court in Bengaluru since 2018. On February 28, 2019, the Family Court allowed the summoning of the mobile tower record details of another man who was not part of the family case. The husband alleged that this third party was his wife’s paramour and he wanted to prove it through the mobile tower details of the third party’s mobile number.
23. Justice Dipankar Dutta takes oath as judge of the Supreme Court
On December 13, Justice Dipankar Dutta took oath as a judge of the Supreme Court. Chief Justice of India DY Chandrachud administered the oath to Justice Dutta in the swearing-in ceremony in the Supreme Court in the presence of all judges. With the appointment of Justice Dutta, the Supreme Court will have 28 judges out of the strength of 34 judges. Justice Dutta will have a term till February 8, 2030.
24. Energy Conservation (Amendment) Bill, 2022
On December 14, The Indian Parliament has recently passed the Energy Conservation (Amendment) Bill, 2022, which amends the Energy Conservation Act, 2001 and promotes energy efficiency and conservation in India. What are the key features of the Bill? Carbon Credit Trading The 2022 Amendment Bill empowers the Indian Government to specify the carbon credit trading scheme.
25. Multi-State Cooperative Societies (Amendment) Bill, 2022
On December 14, The Multi-State Cooperative Societies (Amendment) Bill, 2022 was introduced in Lok Sabha on December 7 this year. The bill amends the Multi-State Co-operative Societies Act, of 2002. What are the key provisions of the Bill? Election of Board Members Under the Act, the elections to multi-state cooperative society boards are conducted by the existing board.
26. ‘Important issue’: Supreme Court notice to Centre on a plea claiming the use of undisclosed software for voter profiling
On December 14, Kodali, who is an IIT Madras graduate, submitted that “In an effort to ‘purify’ electoral rolls, the EC in 2015, (i) suo motu deleted 46 lakh entries from the electoral rolls in Andhra Pradesh and Telangana, (ii) linked Electors Photo Identity Card (‘EPIC’) with Unique Identification (‘UID’) or Aadhaar, (iii) seeded EPIC data with the State Resident Data Hub (‘SRDH’), and (iv) allowed the state governments to access and copy EPIC data”.
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27. Delhi High Court dismisses MakeMyTrip plea against NCLAT order
On December 15, the Delhi High Court on Wednesday dismissed a writ petition filed by Nasdaq-listed online travel agency MakeMyTrip challenging an order passed by the National Company Law Appellate Tribunal (NCLAT) to deposit 10% of a penalty amount in an appeal against the Competition Commission of India (CCI). In October, based on a complaint filed by the hospitality body, The Federation of Hotel & Restaurant Associations of India, CCI had held MakeMyTrip-Goibibo (MMT-Go) and hospitality company OYO Rooms guilty of anti-competitive practices and imposed penalties to the tune of ₹223.5 crores and ₹168 crores, respectively,
28. Supreme Court junks Supertech plea over ‘settlement’ order
On December 16, the Supreme Court on Thursday dismissed Supertech Realtors’ appeal against a Delhi High Court’s order that held that the one-time settlement (OTS) entered into between the consortium of banks and the relator is purely a contract and any alteration of its terms by the borrower can be done only through mutual consent. The company’s account was classified as NPA in 2018 after it could not repay a loan of Rs 678 crore that was disbursed by the consortium of lenders comprising Union Bank of India, Bank of Maharashtra, Central Bank of India and Oriental Bank of Commerce for the ‘Supernova’ project in Noida, Uttar Pradesh.
29. Vijay Diwas Celebrated in India to Mark Victory of Bangladesh Liberation War
On December 17, Nation celebrates Vijay Diwas to commemorate India’s victory over Pakistan in the 1971 Bangladesh Liberation war. On this day, the heroes who sacrificed their lives for war are remembered and tributes are paid to them. In 1971, the chief of the Pakistani forces, General Amir Abdullah Khan Niazi, along with 93 thousand troops, surrendered unconditionally to the allied forces led by Lieutenant General Jagjit Singh Aurora, in Dhaka after their defeat.
30. Government is preparing to amend insolvency law to reduce the time period for the resolution process
On December 18, the amendments to the Insolvency and Bankruptcy Code (IBC), which came into force in 2016 for the timely resolution of stressed assets, are expected to be introduced in the Budget session of Parliament early next year. The corporate affairs ministry’s move to amend the law also comes against the backdrop of concerns in various quarters that many of the corporate insolvency resolution processes are taking a long time due to litigations and other issues despite a stipulated time frame in place.
31. Government is preparing to amend insolvency law to reduce the time period for the resolution process
On December 18, The amendments to the Insolvency and Bankruptcy Code (IBC), which came into force in 2016 for the timely resolution of stressed assets, are expected to be introduced in the Budget session of Parliament early next year. The corporate affairs ministry’s move to amend the law also comes against the backdrop of concerns in various quarters that many of the corporate insolvency resolution processes are taking a long time due to litigations and other issues despite a stipulated time frame in place.
32. SEBI enhances vigil on MCX technology transition; High Court issues notices
As top commodity exchange MCX races against time to move its trading technology from erstwhile promoter 63 Moons, regulator Sebi is keeping a close vigil on mock trading sessions and the transition process. In the meantime, the matter has reached Madras High Court with an investors group seeking a detailed probe by Sebi (Securities and Exchange Board of India) into the exchange with regard to the “integrity and competence of the market software technology” to be adopted by MCX.
33. Jet Airways engineers move SC, claim resolution plan ignores workers’ rights
On December 19, the National Company Law Tribunal (NCLT) approved the Jalan Kalrock consortium’s resolution plan for Jet Airways in June 2021 to save the airline. The consortium had clarified to NCLT that it does not plan to hire existing experienced staff who waited for more than three and half years for the company to revive.
34. Bihar hooch tragedy: Human rights panel team reaches Saran
On December 21, A team of the National Human Rights Commission (NHRC) reached Mashrakh of Saran District to meet the families of the recent hooch tragedy victims.
35. Note in Circulation Rise 8% Annually to Rs 32 Lakh Crore: FM
On December 22, Finance Minister Nirmala Sitharaman said note in circulation (NiC) has witnessed an annual growth of 7.98 per cent to Rs 31.92 lakh crore as of December 2, 2022. The demand for currency depends upon several macroeconomic factors, including economic growth and the level of interest rates.
36. Centre appoints former SC Judge Hemant Gupta as head of New Delhi International Arbitration Centre
On December 23, Former Supreme Court judge Hemant Gupta was appointed chairperson of the New Delhi International Arbitration Centre (NDIAC). The NDIAC was established for the purpose of creating an independent and autonomous regime for institutionalised arbitration.
37. Jan Vishwas (Amendment of Provisions) Bill, 2022
On December 24, the Jan Vishwas (Amendment of Provisions) Bill, 2022 is a 108-page bill introduced in the Lok Sabha by the Union Minister of Commerce and Industry, Piyush Goyal. The bill aims to promote ease of doing business in India by decriminalizing minor offences in 42 Acts administered by 19 ministries.
38. RBI’s Revised Bank Locker Rules to Come Into Effect from 1st of January.
On December 25, The Reserve Bank of India (RBI) said that all leading banks should issue the locker agreement to its holders before January 1, 2023, as the new locker rules will be implemented from that date. Earlier, the RBI had announced revised guidelines on August 8, 2021, which became effective from January 1, 2022. And now, all the locker owners must display their eligibility for a new locker arrangement and sign a renewal agreement prior to January 1, 2023.
39. Haryana Assembly: 178 illegal properties of criminals demolished; a heated exchange between Khattar, Chautala
On December 26, A total of 178 illegal properties built by criminals and drug traffickers with the proceeds of crime have been demolished in Haryana, Home Minister Anil Vij said on Monday even as a heated exchange took place between Chief Minister Manohar Lal Khattar and INLD legislator Abhay Chautala over the issue in the Assembly.
40. Piyush Goel Launched Right to Repair Portal for Consumers
On December 27, Food and Consumer Affairs Minister Piyush Goyal launched a host of new initiatives, including the right-to-repair portal and an NTH mobile app and opened new premises of the National Consumer Helpline centre in the national capital. A memorandum of understanding was also signed between the Consumer Affairs Department and IIT (BHU), Varanasi as well launched a capacity-building programme of consumer commissions.
41. India to Become a $10-Trillion Economy by 2035
On December 27, The Centre for Economics and Business Research (CEBR), which is a UK-based economics consultancy, predicted that India will become the third-largest economy by 2037. 14th edition of the report noted that over the next five years, the annual rate of GDP growth is expected to average 6.4%. After that, the growth is expected to average 6.5% in the subsequent nine years
42. The Bengaluru Metropolitan Land Transport Authority (BMLTA) Bill, 2022
On December 28, the Karnataka Legislative Assembly passed The Bengaluru Metropolitan Land Transport Authority (BMLTA) Bill, 2022 recently. What is The Bengaluru Metropolitan Land Transport Authority (BMLTA) Bill, 2022? The Bengaluru Metropolitan Land Transport Authority (BMLTA) Bill, 2022 is applicable to the Urban Mobility Region of Bengaluru.
43. Home Ministry approved the name change of two places in Uttar Pradesh
On December 28, The Union Home Ministry has given its consent to change the names, of a Municipal Council in Gorakhpur and a village in Deoria, both in eastern UP, following recommendations from the state government. The ‘no-objection’ certificates were issued by the Union Home ministry for changing the name of ‘Mundera Baazar’ municipal council in Gorakhpur district to ‘Chauri-Chaura’ and that of ‘Telia Afghan’ village in Deoria district to ‘Telia Shukla’.
44. Zeliangrong United Front Signs a Peace Agreement with Central and Manipur Government
On, December 28, the Centre signed a peace agreement with a Manipur insurgent group, which agreed to give up violence and join the peaceful democratic process. The tripartite agreement was signed by the central and Manipur governments and the Zeliangrong United Front (ZUF) rebel group which mostly operated in Manipur. The agreement was signed by senior home ministry officials and the government of Manipur and the representatives of ZUF in presence of Chief Minister N Biren Singh.
45. Proposal to Shift from “Minimum” to “Living” Wages
On December 29, the Union Labour Ministry is currently mulling to shift from “minimum wages” to “living wages” in a bid to bring more people from poverty in the country. The Indian government is considering shifting from the minimum wage to the living wage to eliminate poverty in the country. If such a shift happens, it would have significant financial implications for India and the government. It will make Sustainable Development Goal commitments easily achievable.
46. Delhi Government’s Solar Policy 2022
On December 29, the Delhi government recently approved its draft Solar Policy 2022. The 2022 policy revises the installed capacity proposed by the 2016 policy from 2,000 MW to 6,000 MW by 2025 to increase the share of solar energy in Delhi’s electricity demand from the current 9 per cent to 25 per cent in 3 years – the highest in India.
47. India-Australia Economic Cooperation and Trade Agreement Comes into Force
On December 29 the treaty came into force. ECTA is the first trade agreement of India with a developed country after more than a decade. The agreement encompasses cooperation across the entire gamut of bilateral economic and commercial relations between the two friendly countries.
48. Maharashtra became the first state in the country to pass the Lokayukta Bill
On December 30, the Maharashtra assembly passed the Lokayukta Bill 2022, which brings the chief minister and council of ministers under the ambit of the anti-corruption ombudsman. The bill was passed without discussion as the opposition had staged a walkout over the alleged scam in the Teachers’ Entrance Test. Deputy Chief Minister Devendra Fadnavis termed the bill a historic legislation. Cabinet Minister Deepak Kesarkar introduced the Bill which has a provision to bring the Chief Minister and the cabinet under the purview of the anti-corruption ombudsman.
49. Madras High Court: Mobile Phones Banned in Tamil Nadu’s Temples
On December 31, The Madurai Bench of Madras High Court prohibited devotees from carrying mobile phones inside temples in Tamil Nadu. The Division Bench of Justice R. Mahadevan and J Sathya Narayana Prasad held that the gadgets divert the attention of the devotees from the purpose of visiting the temple. The Tamil Nadu Temple Entry Authorization Act 1947, and the Rules empower the trustees or any authority in charge of the temple to make regulations for the maintenance of order and decorum in the temple.
50. Triple Test Survey on Reservation
On December 31, The Allahabad High Court ordered the Uttar Pradesh Government to conduct urban local body elections without the OBC reservations as the “triple test” requirement for the quota has not been fulfilled. The state government has recently constituted a commission to conduct the tripe test survey in the urban local bodies.
51. Delimitation of Constituencies in Assam
On December 31, the Election Commission of India (ECI) recently announced that it had commenced the process of delimitation of the state assembly and parliamentary constituencies of Assam. The last delimitation in Assam happened in 1976. The current delimitation exercise is being conducted based on the 1971 Census.
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