Plea to declare PM CARES fund a ‘State’

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If you’re preparing for CLAT, Current Affairs play a significant role in securing a good score. So, you need to be updated with the daily current affairs and current happenings across the globe. Here is a list of some legal current affairs that took place this week.

Delhi High Court has asked the Centre to respond to a plea that seeks to declare “Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund a State under the Constitution.

Key Points

  • The petition was filed by a lawyer, Samyak Gangwal.
  • The hearing was posted by a bench comprising of Chief Justice D.N. Patel and Justice Jyoti Singh on September 13, 2021.
  • Petition seeks to declare PM CARES Fund a ‘State’ under Article 12 in order to ensure transparency in its functioning.

Court’s conclusion

According to the Delhi High Court, PM CARES Fund is not ‘State’ under the Constitution. So, the use of the domain name ‘gov,’ Prime Minister’s photograph, State emblem, etc., should be stopped.

About the petition

  • According to the petition, the PM CARES Fund was created by the prime minister on March 27, 2020, to extend assistance to the citizens of India in the aftermath of the COVID-19 Pandemic.
  • It does not allege any wrongdoing on the part of the fund. However, as the trustees of PM CARES Fund are high government functionaries, it becomes necessary that checks and balances mentioned in Part III of the Constitution are put in place on the functioning of the PM CARES fund in order to do away with any chance of allegation.
  • He also filed one petition to declare PM CARES as a ‘public authority’ under the Right to Information (RTI) Act.

About PM CARES Fund

PM CARES fund was created on March 27, 2020, in the backdrop of the COVID-19 pandemic. Fund was created to combat, contain and boost relief efforts against the pandemic. Documentation for the creation of this fund has not been made public. Prime Minister of India, Narendra Modi, is the chairman of this fund. Its trustees comprises of Minister of Defence (Rajnath Singh), Minister of Home Affairs (Amit Shah), and Minister of Finance (Nirmala Sitharaman).

Assam passed the Cattle Preservation Bill.

Assam Assembly passed the “Assam Cattle Preservation Bill, 2021” on August 13, 2021.

About the bill

  • Assam Cattle Preservation Bill, 2021 prohibits the sale and purchase of beef in areas inhabited by non-beef-eating communities.
  • It prohibits interstate transport of cattle to/from and through Assam without any valid documents. This clause was included ostensibly to look after cattle smuggling to Bangladesh.
  • It also prohibits the sale and purchase of beef within a radius of 5 km of a temple or a satra (Vaishnavite monastery).
  • This bill will repeal the Assam Cattle Preservation Act, 1950.
  • It was passed with the aim of regulating the “slaughter, consumption, illegal transportation” of cattle.

Background

The bill was introduced in the Assembly on July 12, citing that the 1950 Act lacked “sufficient legal provisions” of regulating slaughter, consumption, and the transportation of cattle. Thus, the new legislation was the need of the hour.

Provision of fine under the new law

According to the new law, anybody who is found to be guilty will be jailed for a minimum term of three years which can be extended for eight years. Provision of Rs 3 lakh is also there, which can be extended up to Rs 5 lakh. For repeat offenders, punishment will be doubled. However, the law will not be applied to “religious occasions.” On such occasions, the slaughter of cattle excluding cow, heifer, and calf is allowed.

Why is cattle slaughter controversial in India?

Cattle slaughter, particularly cow slaughter, is controversial in India. This is because of cattle’s traditional status as a respected and endeared living being in Hinduism, Jainism, Sikhism, Buddhism, and Zoroastrianism. On the other hand, it is considered an acceptable source of meat by Muslims, Christians, and other non-Dharmic Religions like Animists and non-Indian Zoroastrians. Legislation against cattle slaughter is in place in most of the Indian states except in Kerala, Goa, West Bengal, and Northeast India.

Stay tuned for more updates on CLAT Current Affairs and other CLAT related articles. 

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Author : Gaurav Virendra Agrawal Managing Partner, Law Prep Tutorial Co-founder Panacea People Network Email : [email protected]panaceapeople.com Contact Number 7348443991 Website: www.lawpreptutorial.com


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