Eighteenth Law Commission Reports 2006 - 2009

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All India

2006 - 2009

English

CC0 1.0 Universal (CC0 1.0) Public Domain Dedication

Research Reports from the Eighteenth Law Commission

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Proposal to Amend the Hindu Succession Act, ...

The Hindu Succession Act, as amended by Hindu Succession (Amendment) Act, 2005 (39 of 2005) was passed to give effect to the recommendations made by the Commission in its 174th Report on Property Rights: Proposed Reforms under the Hindu Law. This subject was taken up by the Commission suo motu in view of the pervasive discrimination prevalent against women in relation to laws governing the inheritance/succession of property amongst the members of a joint Hindu family.

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PROPOSAL TO AMEND THE PROHIBITION OF CHILD ...

The Supreme Court in Writ Petition (Crl) No. 81/2006 had requested the assistance of the Law Commission on certain legal issues relating to Child Marriage, and the different ages at which a person is defined as a child in different laws. During the pendency of the Writ Petition, however, the Prohibition of Child Marriage Act, 2006 was enacted giving certain important rights to victims of child marriage and children born from these marriages. The Commission took these changes into account and further examined whether the new Act addressed all the concerns relating to child abuse, health and human rights, which are an inevitable consequence of child marriage.

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Proposal for enactment of new Coroners Act ...

The Delhi High Court in Writ Petition (C) No.6179/2007 between Social Jurist, a Civil Rights Group Vs. Union of India had recommended to the Law Commission of India to examine whether a legislation like the Coroners Act, 1988 prevalent in the United Kingdom is needed in this country and whether a suitable proposal for this purpose could be made to the Parliament in this regard.

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Proposal to amend Section 15 of the Hindu ...

This is the 207th Report of the Commission on proposal to amend section 15 of the Hindu Succession Act in case a female dies intestate leaving her self-acquired property with no heirs. This subject was taken up for consideration by the Commission suo motu in view of vast changes in the social scene in the past few years.

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Proposal for amendment of Explanation to ...

Section 6 of the Hindu Succession Act, 1956 deals with devolution of interest in coparcenary property. The Act was amended by Act 39 of 2005 and a new section 6 was substituted. Since the amended Act has failed to include oral partition and family arrangement within the definition of “partition”, which are common and legally accepted modes of division of property under the Hindu Law, the Commission undertook this subject suo motu.

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Proposal for omission of Section 213 from the ...

This is the 209th Report of the Law Commission of India. test

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Humanization and Decriminalization of Attempt ...

This is the 210th Report of the Law Commission of India. Attempt to suicide is an offence punishable under section 309 of the Indian Penal Code. The Law Commission had undertaken revision of the Indian Penal Code as part of its function of revising Central Acts of general application and importance.

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PROPOSAL TO AMEND SECTION 304-B OF INDIAN ...

The question that has been examined by the Law Commission in this Report is whether Section 304-B of Indian Penal Code, 1960 should be amended to provide for more stringent punishment of death sentence to curb the menace of dowry deaths.

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SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, ...

This is the 203rd Report of the Law Commission on ‘Section 438 of the Code of Criminal Procedure, 1973’ as amended by the Code of Criminal Procedure (Amendment) Act, 2005, dealing with ‘anticipatory bail’.

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Laws on Registration of Marriage and Divorce

The subject has been taken up suo motu in the light of the directions of the Supreme Court dated 14.2.2006 in Seema v. Ashwani Kumar [2006 (2) SCC 578] that all marriages shall be compulsorily registered and that the State Governments shall initiate action for rule-making in this regard. There is a great diversity in respect of laws for registration of marriages.

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Laws of Civil Marriages in India

The subject has been taken up suo motu for a pressing need to amend the Special Marriage Act, 1954 and the Foreign Marriage Act, 1969.

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Fast Track Magisterial Courts for Dishonoured ...

This is the 213th Report of the Law Commission of India to study the large number of pendency of dishonoured cheque cases (over 38 lacs), that causes a serious setback to the entire credibility of the business within and outside the country.

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Proposal for Reconsideration of Judges cases

214th Report on “Proposal for Reconsideration of Judges cases I, I and III – S.P. Gupta Vs UOI reported in AIR 1982 SC 149, Supreme Court Advocates on Record Association Vs UOI reported in 1993 (4) SCC 441 and Special Reference 1 of 1998 reported in 1998 (7) SC 739”.

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L. Chandra Kumar be revisited by Larger Bench ...

215th Report of the Law Commission of India.

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NON-FEASIBILITY OF INTRODUCTION OF HINDI AS ...

216th Report of the Law Commission of India.

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Irretrievable Breakdown of Marriage – Another ...

Section 13 of the Hindu Marriage Act, 1955 provides grounds for presentation of a petition for divorce. Section 27 of the Special Marriage Act, 1954 similarly provides grounds for grant of divorce in the case of a marriage solemnized under the Act. However, the said Acts do not provide “irretrievable breakdown of marriage” as a ground for divorce.

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Need to accede to the Hague Convention on the ...

Statistics show that the number of divorce cases and custody disputes has increased ever since the advent of globalization and technological development leading to a very busy life-style and work culture. The international parental child abduction/child removal finds its root here.

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Need for Family Law Legislations for ...

Over the years a large number of Non-resident Indians (NRI) have multiplied in every jurisdiction abroad and so the problems.In view of this, the Law Commission took up the subject suo motu for study.

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Need to fix Maximum Chargeable Court-fees in ...

Justice Krishna Iyer Committee on Legal Aid stated that “something must be done, we venture to state, to arrest the escalating vice of burdensome scales of court fee. That the State should not sell justice is an obvious proposition, but the high rate of court fee now levied leaves no valid alibi is also obvious”.

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Need for Speedy Justice – Some Suggestions

Mounting of arrears of cases in courts, particularly in High Courts and District Courts, has been a cause of great concern for litigants as well as for the State. It is a fundamental right of every citizen to get speedy justice and speedy trial which also is the fundamental requirement of good judicial administration. In this Report, we have made few proposals which when given effect to, will be helpful not only in providing speedy justice but also in controlling frivolous, vexatious and luxurious litigations.

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Need for Justice-dispensation through ADR etc.

The Law Commission has already given varied recommendations in its earlier reports on the subject of judicial reforms. The present Report is in the continuum of those reports.

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Need for Ameliorating the lot of the ...

In a large number of cases, our Supreme Court has considered the scope of article 21 of the Constitution, which assures right to life. To make right to life meaningful and effective, the Supreme Court put up expansive interpretation and brought within its ambit a myriad of rights. Various laws have been enacted to eradicate poverty: some of them directly deal with them and some of them indirectly. Nevertheless, their tardy implementation makes us lag behind in effectively dealing with the problem. We are of the view that the Union and the State Governments should accord top priority to implementation of the judgments rendered by our Supreme Court in their letter and spirit in order that the lot of the have-nots is ameliorated.

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Enabling Non-domiciled Estranged Christian ...

224th Report of the Law Commission of India.

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Making Advocates Eligible to man Labour Courts ...

225th Report of the Law Commission of India.

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Report submitted to the Hon’ble Supreme Court ...

The victim of a gruesome acid attack, Laxmi, has filed a writ petition in the Supreme Court of India in May, 2006 in which the Law Commission of India has been arrayed as the Respondent No.2. Though the Law Commission had pointed out to the Court that the reliefs in the petition cannot be prayed for from the Law Commission, it has decided to take up the matter suo moto in view of the gravity of the offence of acid attacks.

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A Proposal for giving Statutory Effect to ...

227th Report of the Law Commission of India.

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NEED FOR LEGISLATION TO REGULATE ASSISTED ...

228th Report of the Law Commission of India.

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Need for division of the Supreme Court

229th Report of the Law Commission of India.

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REFORMS IN THE JUDICIARY – SOME SUGGESTIONS

230th Report of the Law Commission of India.

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AMENDMENTS IN INDIAN STAMP ACT 1899 AND ...

231st Report of the Law Commission of India.