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This is an archive article published on May 7, 2003

Decks cleared for cow Bill

The Cabinet tonight approved amendments which will grant dual citizenship to Persons of Indian Origin (PIOs), introduce a uniform law bannin...

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The Cabinet tonight approved amendments which will grant dual citizenship to Persons of Indian Origin (PIOs), introduce a uniform law banning cow slaughter and make it simpler for women suffering from a broken marriage to seek legal relief.

In a move to overcome the problem of legislative competence of the Centre on a state subject, the Cabinet approved enactment of a Central law for Prohibition of Slaughter of Cow and its Progeny under Article 252 (1) of the Constitution.

Parliamentary Affairs Minister Sushma Swaraj told reporters that the Centre would enact a model legislation banning cow slaughter if two or more states request it to formulate it. However, the model law would not be binding on the states, she said.

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The Cabinet approved dual citizenship for PIOs living in countries with similar laws thereby limiting it to PIOs from the United States, United Kingdom, Australia, Canada, Finland, Ireland, the Netherlands and Italy in the first phase. ‘‘Indians living there will have to apply for dual citizenships and government could grant it after due verification,’’ she said. The PIOs will have all privileges that Indians enjoy except for voting rights, holding constitutional offices or jobs in defence services.

In a major move to help women, the Cabinet decided to amend the Hindu Marriage Act and the Special Marriage Act. ‘‘A woman suffering due to a broken marriage will be able to file a petition where she is residing,’’ Swaraj said. She can file the petition from her place of stay even when the whereabouts of her husband are unknown or he is abroad. The appeal period against judicial orders for women would be also increased to 90 days from existing 30 days, making it mandatory for the husband to remarry only after the stipulated time.

The Cabinet also approved setting up of a National Judicial Commission for appointment of judges of the Supreme Court and high courts. It will be chaired by the Chief Justice of Supreme Court and its two seniormost judges, the Law Minister and an eminent citizen, possibly a legal luminary, she said.

It would recommend names for appointment of SC and high court chief justices, judges of high courts and transfer of chief justices and judges of high courts.

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‘‘The advice of the Commission will normally be accepted by the President. If its advice is not accepted, it would be for reasons to be recorded in writing which would be conveyed to the commission,’’ she said.

It decided to repeal the Illegal Migrants (Determination by Tribunals) Act, 1983 to check illegal immigration from across the border in Assam. The repeal would allow the government to speed up the detection and deportation of migrants who entered Assam on or after March 25, 1971.

Amendments to the Constitution were also approved to fulfil a tripartite Memorandum of Settlement with Bodo Liberation Tigers for achieving a lasting solution to the Bodo issue.

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