LANDMARK LEGAL REFORMS
IN SOCIAL SECTOR
The Government
took various mile-stone decisions during the last three years
to adjust the laws to provide social security, personal dignity
and individual honour to the aggrieved women, children and old
parents in the matters of alimony, maintenance and relief on account
of divorce suits and maintenance of children, old parents and
the women in distress. Accordingly, the Code of Criminal Procedure,
1973, the Special Marriage Act, 1954, the Hindu Marriage Act,
1955 and the Parsi Marriage and Divorce Act, 1936 have been amended.
Besides, amendment to the Indian Succession Act, 1925 to end discrimination
against Christian widow has been effected. In addition, more and
more Family Courts have been set up and the process accelerated
further during the last three years to resolve amicably family
disputes including matrimonial problems. Besides, the Advocates
Welfare Fund Act, 2001 has been enacted to provide social security
in the form of financial assistance to junior lawyers and welfare
scheme for indigent or disabled advocates. The other landmark
decision covered the amendments in the Civil Procedure Code, 1908
with effect from July 1, 2002.
The Code of Civil
Procedure (Amendment) Act, 1999 and the Code of Civil Procedure
(Amendment) Act, 2002, came into being with the aim of curtailing
delays and lessening the lengthy procedure to compress the civil
cases into one year timeframe for final disposal. The Act prohibits
further appeal in certain cases and prevents second appeal in
certain other cases. Allows servicing of summons through couriers
and other means of modern communication systems. Restricts pleading.
Casts certain obligations on plaintiff. Provides for written statement
by the defendant. Provides for recording of evidence by commissioners.
Restricts adjournments to three times only. Binds judges to deliver
judgement within 30 days ordinarily after the judgement is reserved
The applicant
after filing application in a court under Section 125 of the Code
of Criminal Procedure, 1973 had to wait for several years for
getting relief from the court. Therefore, the need was felt for
providing interim maintenance allowance to the aggrieved person
under Section 125 of the Cr. PC. Accordingly, the Act has been
amended. The Code of Criminal Procedure (Amendment) Act, 2002
seeks to bind the courts that Magistrate may order payment of
interim maintenance allowance and such expenses of the proceedings
to the aggrieved person, wife, children and parents, within 60
days from service of notice during the pendency of divorce or
maintenance suits. It also seeks to remove the ceiling on maintenance
allowance that has been Rs. 500 since 1955. The quantum of maintenance
to be decided by court looking into the income and assets of the
party. It is intended to bring a considerable relief to women
in distress who had earlier to wait for years for interim relief.
Seeks to provide litigation cost in each case.
Reforms
in the Personal laws too attracted the attention of the Government
which required changes with the changing times. The Special Marriage
Act, 1954, the Hindu Marriage Act, 1955 and the Parsi Marriage
and Divorce Act, 1936 have been amended by the Marriage Laws (Amendment)
Act, 2001. The Act provides for disposal of application for alimony
or maintenance and education for children, during the pendency
of cases within 60 days from the date of service of notice on
the respondent. It also seeks to provide in each case of maintenance
litigation expenses as well. The Act intends to bring succor to
women in distress, who had earlier to wait for several years to
receive maintenance.
By the Indian Divorce
(Amendment) Act, 2001, the Indian Divorce Act, 1869 has been amended.
The amendments were made after consultations with the leaders
of prominent churches in India and Members of Parliament belonging
to Christian community, after taking into account Law Commission’s
Report and Judgements of Supreme Court and various High Courts.
The Act broadly provides for bringing gender quality between Christian
spouses in the matters of grounds of divorce, doing away with
the procedural delays in obtaining divorce. The grounds of dissolution
of marriage have further been widened for Christian spouses on
the line of Hindu Marriage Act, 1955 and the Special Marriage
Act, 1954. Mutual consent as a ground for divorce has been incorporated.
Certain provisions omitted to simplify the procedure and obviate
delay and consequential hardships to estranged couples by doing
away the requirement of confirmation. Remarriage has been simplified.
Action plan was
also worked out for 34 new Family Courts and allocation of funds
for setting up of more Family Courts on 50:50 cost sharing basis
as and when demanded by States. Already 97 such Family Courts
are functioning in different States. The Centre has urged the
State Governments to set up Family Courts in each district on
cost sharing basis to resolve family and matrimonial disputes.
The Indian
Succession Act, 1925 was aimed at consolidating the Indian law
relating to testamentary and intestate succession.
The Indian Succession
(Amendment) Act, 2002 entitles Christian widow to succeed to her
distributive share in the property of her deceased husband notwithstanding
any contract to the contrary. This also puts an end to discrimination
against Christian widow.
The need
was felt for a Central legislation for constitution of Advocates
Welfare Fund. Thus the Advocates Welfare Fund Act, 2001 has been
enacted. The Delhi Bar Council has become the first in the country
to launch the Welfare Fund under this Act. The Fund proposes to
provide social security in the form of financial assistance to
junior lawyers and welfare scheme for indigent or disabled advocates,
to provide ex-gratia grant to the family members in case of death
of a member and for medical and education facilities for the members
and their dependents, to provide money for purchase of books and
for common facilities for advocates. The fund to be composed of
contributions by State Bar Councils, voluntary donations or contributions
by the Bar Council of India, advocates associations, individuals,
grants made by State or Centre and the money collected from sales
of Advocates Welfare Fund Stamps. The income accrued to the Fund
is exempted from income-tax.
The Registration
and Other Related (Amendment) Act, 2000 seeks to amend the Registration
Act, 1908, the Transfer of Property Act, 1882 and the India Stamp
Act, 1899. The Act seeks to make affixing of the photographs and
finger prints on the documents compulsory at the time of property
registration. It provides for computerization of registration
of records by the State Governments. It also seeks to avert a
lot of mischief and malpractices in the enforcement of these laws.
