Not Possible To Relax Mandatory 30 Days Notice Period Or To Permit ‘Digital’ Marriage Unless Special Marriage Act Is Amended: Kerala High Court

first_imgNews UpdatesNot Possible To Relax Mandatory 30 Days Notice Period Or To Permit ‘Digital’ Marriage Unless Special Marriage Act Is Amended: Kerala High Court LIVELAW NEWS NETWORK23 Feb 2021 10:45 PMShare This – xUnless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, the Kerala High Court observed.Justice PV Asha observed thus while dismissing a woman’s plea to permit solemnisation and registration of her marriage on digital platform. She stated that she got…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginUnless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, the Kerala High Court observed.Justice PV Asha observed thus while dismissing a woman’s plea to permit solemnisation and registration of her marriage on digital platform.  She stated that she got married on 15.01.2021 in a private function, but their application seeking registration of their marriage on the ground that they belonged to different religions. They were informed that they have to undergo marriage under the Special Marriage Act. Accordingly, they got notice of intended marriage published under the Act. Thereafter, the woman approached the High Court stating that she has to report in Queen’s University, Belfast, Northern Ireland, United Kingdom, for admission to full time Post Graduate course in Master of Science and Advanced Food Safety in School of Biological Sciences urgently and therefore she is not in a position to wait till the notice period expires. She requested the court either to relax the notice period or to  permit solemnisation and registration of her marriage on digital platform.The court referred to various provisions of Special Marriage Act and observed that it would not be possible to observe these procedures online, in the absence of the physical presence of both the parties near the Registering Officer and the witnesses. “The aforesaid provisions would show that the period prescribed for each of the steps leading to the solemnization of marriage warrants strict interpretation and there cannot be any relaxation. The minimum  waiting period for a notice should therefore be 30 days. The contention of the petitioner that she does require the marriage to be solemnised only on completion of 30 days but only requires the solemnization on digital mode cannot also be permitted as there is no provision in the Act which permits the same and there is no provision which permits the procedure in digital platform….. I am of the view that unless the provisions contained in the Special Marriage Act are amended, it would not be possible either to relax the mandatory period of notice or to permit marriage in digital form, especially when penal consequences are provided in the Act.”, the judge said while dismissing the writ petition.Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy, Allahabad High Court had heldIn an important judgment delivered last month, Allahabad High Court held that requirement of publication of notice of intended marriage under Section 6 and inviting/entertaining objections under Section 7 of the Special Marriage Act is not mandatory. Justice Vivek Chaudhary observed that making such publication mandatory would invade in the fundamental rights of liberty and privacy, including within its sphere freedom to choose for marriage without interference from state and non-state actors, of the persons concerned.Petition Challenging SMA Provisions pending before Supreme CourtA writ petition challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marriage to establish their private details, open for public scrutiny, before 30 days of intended marriage, is pending before the Supreme Court.Also read: Unconstitutionality Of Publishing Of Marriage Notices Under Special Marriage ActCASE: SHITHA V.K vs. DISTRICT REGISTRAR (GENERAL) [WP(C).No.3421 OF 2021(C)]Click here to Download/Read JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Pension ruling could cost £17bn

first_img Comments are closed. Previous Article Next Article Pension ruling could cost £17bnOn 20 Feb 2001 in Personnel Today Related posts:No related photos. Grantingpart-timers the right to backdated pension payments is a breakthrough forworkplace equality. But will employers cope with the administrative burden andthe increased costs? Employersare facing a new administrative burden that could collectively cost them £17bnafter part-time workers were given the right to claim backdated pensioncontributions earlier this month. TheHouse of Lords confirmed the European Court of Justice’s landmark ruling of May2000 to grant part-time workers access to occupational pension rights. Thisruling gives about 60,000 part-time workers – mainly female – the right toclaim access to company pensions or compensation, which UK workers were deniedunder the Equal Pay Act. The court decided that the rule limiting backdatedclaims to only two years was against EU law, and allowed claims to be backdatedto April 1976 when the court first recognised the EU Treaty provisions on equalpay for men and women.Lastyear’s decision followed a 1994 ECJ ruling, which found that the treatment wasdiscriminatory as it did not allow part-time staff to sign up to companypensions in the same way as full-timers. TheCBI has criticised the decision. Director-general Digby Jones said, “The costwill be substantial, and business will be worried that this could be anadministrative nightmare because in many cases records no longer exist.” Thedecision follows the ECJ ruling on two test cases involving the HSBC bank andWolverhampton NHS Healthcare Trust. Itsimpact is likely to be felt by all employers, but those that employ largenumbers of women part-time will be particularly affected. These include sectorssuch as banking, retail, the NHS and local government.  AdrianPritchard, personnel officer at Suffolk County Council said, “The ruling is amajor issue for local government, as a significant number of staff could optin. Between 30 and 40 per cent of local government employees are part-time,which is hundreds of thousands of staff nationwide. The operation could run into millions of pounds for local government.“Idon’t think HR in local government has the funds nor the resources to implementthe ruling if a large percentage of employees take up the right.”Manyemployers could struggle to find sufficient records to process backdated claims.Currently, employers only have to keep payroll records for the previous sevenyears. Employmentlawyer Andrew Chamberlain of Addleshaw Booth & Co said, “Employers will beconcerned about the administrative burden and the fact that many of them may nothave records going back to 1976, which will obviously make it very hard tocalculate entitlements.”   Butsome employers and analysts believe that the Government’s estimates of the costto business are inaccurate. The figure could be less because of the House ofLords’ decision to uphold the 1994 ruling to limit part-time employees’ claimtime to within six months after they have left an employer.SimonCann, of HR consultancy Towers Perrin, said, “Due to the Lords confirming thesix-month rule they have saved business a great deal of money. I would estimatethat the cost of the decision will be in the region of several hundred millionpounds.” JohnAdsett, national secretary of the Association of Health Care and Human ResourceManagers,  said, “The amount ofpart-time workers in the NHS has consistently been about 30 per cent. So Ienvisage that the decision could cost us about £500,000 – but with out thesix-month time limit it could have been much more.” Thefact that employers also have the right to ask employees to pay their unpaidbackdated contributions could stop a lot of part-time staff taking up theextended pension options. Pritchard said, “The saving grace for employers isthat employees have to backdate their own contribution, which I suspect wouldbe too big a lump sum for most people.”Butpensions manager of Lloyds of London Christine Jackson warned, “Companies withnon-contributory schemes will be concerned since in that case the employee doesnot have to put in any of their own money.”Thereare also concerns voiced by personnel professionals, particularly in the publicsector, that HR does not have the resources to cope with the possible demand ofpart-time pension take-ups.  Adsettsaid, “Administrating and implementing the extra pension claims is anotherthing we have to do in the NHS, but with everything else I’m not sure we willhave the resources.”Althoughit is accepted that it will increase costs and the administrative burden, mostregard it as a positive step. Nigel Connolly, HR director of EasyJet, said,“The effect on business will be fundamental, but with the implementation offlexible working arrangements there is a grey area between full- and part-timeworkers, so it is time for equality.”Thebuild-up to the House of Lords’ decisionApril1976       Defrenne v Sabena: Equalpay for men and women required and enforceable under EU law, but no arrears ofpay before this dateMay1986       Bilka Kaufhaus: Exclusionof part-timers from pension scheme membership is indirectly discriminatory onthe basis that most part-timers are womenMay1990       Barber v GRE: Pensionbenefits must be equal for men and women, but no arrears required before May1990 Sept1994        Coloroll: Clarifies Barberand confirms that exclusion of part-timers is indirectly discriminatory. Claimsfor membership backdating is subject to each nation’s time limit or April 1976Dec1997        Magorrian: ECJ overrulesthe UK restriction of two years’ backdating of scheme membership, but extent ofruling is unclear Feb2000         Schroeder v DeutscheBundesport Telekom Vick, Conze v Deutsche Telekom, Deutche Post v Sievers andSchrage: The ECJ ruled that the restriction allowing claims no further backthan 1976 did not overrule German constitutional rights for part-timers to goback further. In practice, the judgement applied to German cases only May2000       Preston v Wolverhampton NHSTrust and other and Fletcher v Midlands Bank: The ECJ ruled no objection to thesix-month limit after leaving employment but that the two-year backdating ofclaims was not in accordance with EU lawByPaul Nelsonlast_img read more

Belize Fights Transnational Organized Crime

first_imgBy Geraldine Cook/Diálogo April 22, 2019 Diverse ecological jungles, high mountains, pine forests, exotic rivers, and sandy beaches attract tourists to Belize year round. While visitors enjoy the beautiful landscape, drug smugglers look for ways to carry out illegal activities in the thick rainforest or along the coastline. The Belize Defence Force (BDF) works around the clock to stop drug traffickers from using its territory as a transshipment point. They’re aware that criminal networks could undermine the tourist industry and fuel violence inside the country. “Belize is a transshipment route for drugs,” said Brigadier General Steven Ortega, commander of BDF. “Gangs are fighting to be in charge of moving the drugs through Belize. Drug trafficking is one of the catalysts that fuels violent crime, weapons smuggling, and human smuggling, among other crimes in our country.” According to the U.S. Department of State’s 2018 International Narcotics Control Strategy Report, Belize is susceptible to the transshipment of illegal drugs due to its position along the Central American isthmus, its relatively uninhabited terrain, and hundreds of cayes (small islands) off its coast. “Drug-trafficking organizations predominantly use maritime and air routes through Belize,” said the report. Interagency cooperation BDF is not alone in this fight. With two infantry battalions, a support battalion, and air and maritime components, the force works with interagency units and international partners to try to dismantle criminal transnational networks and their illicit trades. “We do interagency work with the Joint Intelligence and Operations Center, which coordinates the operations, deployment, and movements of the troops. If there is a drug operation, we work together with the Coast Guard, police, and other agencies,” said Brig. Gen. Ortega. “We also coordinate with partner nations in the region, mainly with the United States, Mexico, and Guatemala.” As part of the effort, participants share information to communicate about any suspected aircraft flying into Belize or the region. The shared information results in counter narcotics successes. “We’ve had success seizing several aircrafts,” said BDF Major Adran Claude Ramírez, commander of the Air Wing and Special Boats Units. “On September 2018, we caught a Cessna 2010 single-engine plane that landed on a dirt road of the Orange Walk district, located in the northern part of the country; the plane was loaded with drugs and five people were arrested.” Authorities found 1,225 pounds of cocaine inside the plane, worth $7 million. “In the same district, we found a Hawker Siddeley 225 jet that landed on a dirt road in April 2018. The plane had traces of drugs,” said Maj. Ramírez. The authorities found the jet without passenger seats, possibly to be used as space for cargo, and speculated the pilots set the aircraft’s wings on fire. “We are working diligently to get as many seizures and drug busts as we can. We have a crew ready to move—fixed wing, rotary wing, or the boat unit—at any time and location.” According to BDF Captain Jasmine Elliot, an officer with the Special Boats Unit, BDF’s focus is on stopping criminal organizations from hiding marijuana or cocaine in small boats that travel through the jungle, where rivers facilitate a corridor for illicit trafficking. “We have been able to deter people from trafficking, usually small amounts of drugs and contraband to Mexico.” Strong partnership Belize and U.S. Southern Command (SOUTHCOM) are partners in the fight to counter transnational organized crime in the region. The United States supports BDF by providing training, humanitarian assistance programs, and combined exercises. “SOUTHCOM helps us in the fight against transnational organized crime,” said Brig. Gen. Ortega. “They provide resources and support such as equipment, technology, and training.” As part of their combined operations, the U.S. Embassy Military Liaison Office and Joint Task Force-Bravo collaborate in marijuana eradication operations. “The partnership between SOUTHCOM and BDF is a positive and mutually supportive relationship that’s growing, and it will persist throughout the future,” said U.S. Army Lieutenant Colonel Eldridge Singleton, the Security Cooperation officer at U.S. Embassy, Belize. “This is a long-standing relationship that provides great partnership, opportunities for training, share lessons, learn from each other, and improves security for the region.” The partnership between BDF and SOUTHCOM goes beyond counter-narcotics operations. “The government of Belize and BDF show their willingness to be involved in disaster response and assisting regional partners in dealing with crisis, whether it be a natural disaster, man-made disaster, or illicit threats from bad actors,” added Lt. Col. Singleton. State Partnership Program The Louisiana Army National Guard and BDF are linked under the U.S. National Guard’s State Partnership Program (SPP), since1996. During the 23-year partnership, they built military capabilities and coordinated interagency operations, among other efforts. “[The partnership] started out as strictly military-to-military exchanges—from personnel matters, logistics, advanced training—to helping in their training to be infantry men, engineers, or aviators; now we work with the Coast Guard, have new training exercises, and are involved with things like health and the Youth Challenge Program,” said Major General Glenn H. Curtis, adjutant general for the Louisiana National Guard. “Our strong relationship with Belize helps us as a nation to train and build allies that we can help to keep democracy around the world.” BDF’s leadership highlights the importance of regional bonds to defeat organized crime. “It takes interagency efforts and regional cooperation to turn the tide of the increasing transnational threat,” concluded Brig. Gen. Ortega. “It’s the only way that we can succeed in deterring and putting a lid on the transnational threats that come into our country.”last_img read more

Why most digital banking transformation efforts have stalled

first_imgDigital transformation is growing more pervasive in every banking organization, moving beyond “projects” to organization-wide initiatives involving technology, product development, business models and culture. Budgets are increasing as organizations are finally updating legacy systems and ownership of the process is moving up the organization structure.While the potential benefits of digital technologies are well documented and accepted by a majority of bank and credit union leaders, the deployment of digital banking transformation does not appear to be keeping pace, according to the Digital Banking Report, “State of Digital Banking Transformation.” This is concerning, given that the pervasiveness of required digital transformation is moving beyond the IT area of banking to include virtually all areas of the organization.Highlights of this report, sponsored by Pega:Digital banking maturity is very low in retail banking, with only 12% of firms indicating that they are “leaders.”There is a very strong correlation between innovation leadership and digital transformation leadership in retail banking. ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr continue reading »last_img read more

Notification needed for FCC call blocking

first_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr In a letter to the Federal Communications Commission (FCC), CUNA and other organizations expressed concerns that legitimate calls are continuing to be blocked by voice service providers (VSP) under the STIR/SHAKEN caller identification framework meant to target illegal robocalls.“However, for this redress mechanism to meaningfully protect consumers and be effective as Congress intended, the caller must know that its calls are being blocked,” the letter reads. “Consequently, we urge the Commission to require the blocking entity to notify callers immediately that it is blocking their calls. Without a notification requirement, no call-blocking service can be performed with ‘transparency . . . for . . . callers,’ as the TRACED Act requires.”The letter included recommendations to protect consumers against illegal calls, such as:VSPs should remove an erroneous block within 24 hours of the provider’s learning of the block; continue reading »last_img read more