URGENTLY FILL VACANCIES IN STATE, DISTRICT CONSUMER FORUMS: MADRAS HIGH COURT TO STATE

The Madras High Court on July 2nd urged that the State is needed to take steps to immediately fill up all vacancies in District and State consumer forums (Citizen Consumer and Civil Action Group v. Union of India and others)

The Court noted that amid the pandemic, proper steps have not been taken to fill vacancies.

However, the Bench has now realized that it is necessary that immediate steps are to be taken to fill all vacancies at District and State consumer forums of Tamil Nadu
Chief Justice Sanjib Banerjee yesterday observed that the appropriate Committee headed has already nominated a President for the State Consumer Forum.

However, the government's notification of this issue is awaited. As such, the Court has now directed the State to take immediate steps in the matter, since the nomination of the President was unanimous.

The Bench of Chief Justice Banerjee and Justice SenthilkumarRamamoorthy proceeded to adjourn the case by three weeks after directing the State to file a status report on steps taken to urgently fill up Consumer court vacancies in the State till then. The order was passed in a Public Interest Litigation (PIL) moved by the Citizen Consumer and Civil Action Group.

The case has been tagged with a pending PIL, whereas the Court had expressed hope that vacancies would be filled efficiently since the Legislative Assembly elections had concluded.

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KERALA HIGH COURT DENIES STAY ON FIR AGAINST AISHA SULTANA IN SEDITION CASE

The Kerala High Court on july 2nd declined to hold the proceedings related to the FIR against filmmaker Aisha Sultana by the Lakshadweep Police for sedition and promoting hostility between different religions (Ayshommabi AM @ AyshaSulthana v. Union territory of Lakshadweep).


Justice Ashok Menon today heard the petition filed by Sultana attempt to suppress the FIR. He noted in his order that the prosecution must be given more time to gather evidence and conduct a thorough investigation in this matter.

He stated that it would be improper for the Court to interfere at this stage of the investigation, and directed the prosecution to file a counter-affidavit regarding the stages of the investigation within two weeks.

Justice Menon had earlier granted anticipatory bail to Sultana regarding the same.

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BITCOIN FRAUD: DELHI COURT ORDERS POLICE TO REGISTER FIR ON FRAUD ALLEGATIONS BY BITCOIN SELLER

Delhi Court ordered Moti Nagar Police to lodge an FIR on the complaint of a Bitcoin Seller after bank accounts in which the money was transferred by the accused for the purchase of Bitcoins were frozen and the transactions were marked illegal (Hitesh Bhatia vs. Mr. Kumar Vivekanand).

Metropolitan Magistrate Abhinav Pandey ordered to investigate the complaint by the person dealing in the purchase and sale of Bitcoins through an online portal “Binance”.

The Court gave the opinion that there is a need for an investigation for the alleged fraud committed by the accused or whether there was any fault at the seller's end and as well as an intermediary through which the Bitcoin sales were done.

The Judge noted that while cryptocurrency has not been prohibited in India as of today, such online currency transactions would still have to comply with general laws such as "PMLA, IPC, FERA, NDPS Act, Tax laws, and RBI regulations regarding KYC (know your customer), CFT (Combating of funding of terrorism) and AML (Anti-money laundering requirements).”

 

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SUPREME COURT REFUSES TO STAY DELHI HIGH COURT ORDER ALLOWING PRIVATE SCHOOLS IMPOSE ANNUAL FEES AND DEVELOPMENT CHARGES

Supreme Court on Monday refused to stay the Delhi High Court order allowing private schools in Delhi to impose annual fees and development charges on students.

A bench headed by Justice A.M. Khanwilkar did not agree with the submission of the Directorate of Education of the Delhi government that the order to be stayed for the time being to give relief to the parents of students.

The Supreme court told that however that all the disagreements of the Delhi government would remain open for a formal judgment by the division bench of the high court as the dismissal of the plea here was not on priority.

The Delhi government filed the intra-court appeal before the division bench of the high court and was resenting on not staying the single judge bench verdict.

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DELHI HIGH COURT DENIES RELIEF FOR NOW TO THE WIRE, THE QUINT, ALT NEWS FOR NOT COMPLYING WITH THE IT RULES

 

The Delhi High Court denied granting relief for now on appeal by the news portals The Wire, The Quint, and AltNews in their challenges to comply with the IT Rules, 2021.

A Bench of Chief Justice DN Patel and Justice Jyoti Singh granted time to the Central government and other respondents to reply to the appeal for interim relief with respect to the Rules.

From the side of the applicant today, Senior Advocate Nitya Ramakrishnan urged the Court to grant relief from forced compilation under the Rules for some time. However, the Court refused to do the same and listed the matter for August 20.

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NINE NEW SUPREME COURT JUDGES LIKELY TO TAKE OATH ON AUGUST 31

The President approved all nine names, including three women, recommended by the Supreme Court Collegium and accepted by the government for appointment as judges of the top court. The Supreme Court Collegium, headed by Chief Justice of India (CJI) N.V. Ramana, comprising of Justices U U Lalit, A M Khanwilkar, D Y Chandrachud, and L Nageswara Rao had recommended the names on August 19, 2021 for elevation to the Apex Court.

The names of the 9 Judges in the order as recommended by the Supreme Court collegium are as follows -

1. Mr. Justice A.S. Oka, Chief Justice, Karnataka High Court

2. Mr. Justice Vikram Nath, Chief Justice, Gujarat High Court

3. Mr. Justice J.K. Maheshwari, Chief Justice, Sikkim High Court

4. Ms. Justice Hima Kohli, Chief Justice, Telangana High Court

5. Mrs. Justice B.V. Nagarathna, Judge, Karnataka High Court

6. Mr. Justice C.T. Ravikumar, Judge, Kerala High Court

7. Mr. Justice M.M. Sundresh, Judge, Madras High Court

8. Ms. Justice Bela M. Trivedi, Judge, Gujarat High Court,

9. Mr. P.S. Narasimha, Senior Advocate.

The new judge's list includes Justice B.V. Nagarathna, who will be in line to be the first woman Chief Justice of India (CJI) in September 2027 - a milestone in the nation's history. The other women judges who have been elevated to the top court are Justices Bela M Trivedi and Hema Kohli.

With the new appointments, the working strength of the Supreme Court goes up to 33 against the sanctioned strength of 34. It currently functions with only 24 judges including the CJI.

The Supreme Court, which has 25 judges against a sanctioned strength of 34, will be left with only one vacancy after the new judges are sworn in. The new judges are to be sworn in on Aug 31.

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“EXPLOITATION OF CHILDREN IS A CRIME AGAINST HUMANITY”- SUPREME COURT

A Supreme Court Bench of Justices MR Shah and BV, while hearing an appeal in the case of NagarathnaNawabuddin vs State of Uttarakhand, upheld the conviction of a 75-year-old man who was accused of inserting his finger into the vagina of a 4-year-old. The apex court decided that the accused placed his finger into the girl's vaginal opening, based on the evidence of an independent witness.


It was argued that the appellant could not have been convicted of the charges punishable under Section 5/ 6 of the POCSO Act if there had been no penetration or aggravated penetrative sexual assault. He also asked for a reduction in his sentence since he had TB and was of senior age.


In response to the petition for a reduction in the life sentence, the Supreme Court stated that no mercy can be offered to an accused who has committed offences under the POCSO Act, especially where the same has been shown by competent evidence in a court of law. The accused inserted his finger into the vagina, causing discomfort and irritation in urination, as well as agony throughout her body, and the doctor discovered redness and swelling around the vagina. We believe that the case falls under Section 3(b) of the POCSO Act and that it can be classified as penetrative sexual assault. Considering Section 5(m) of the POCSO Act, penetrative sexual assault committed on a girl child under the age of twelve years can be classified as 'aggravated penetrative sexual assault,' punishable under Section 6 of the POCSO Act.


It went on to say that such exploitation of children is a crime against humanity and society. The Bench, however, reduced the appellant's sentence to 15 years in jail since he was 75 years old and had TB.

 

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URGENTLY FILL VACANCIES IN STATE, DISTRICT CONSUMER FORUMS: MADRAS HIGH COURT TO STATE

The Madras High Court on July 2nd urged that the State is needed to take steps to immediately fill up all vacancies in District and State consumer forums (Citizen Consumer and Civil Action Group v. Union of India and others)

The Court noted that amid the pandemic, proper steps have not been taken to fill vacancies.

However, the Bench has now realized that it is necessary that immediate steps are to be taken to fill all vacancies at District and State consumer forums of Tamil Nadu
Chief Justice Sanjib Banerjee yesterday observed that the appropriate Committee headed has already nominated a President for the State Consumer Forum.

However, the government's notification of this issue is awaited. As such, the Court has now directed the State to take immediate steps in the matter, since the nomination of the President was unanimous.

The Bench of Chief Justice Banerjee and Justice SenthilkumarRamamoorthy proceeded to adjourn the case by three weeks after directing the State to file a status report on steps taken to urgently fill up Consumer court vacancies in the State till then. The order was passed in a Public Interest Litigation (PIL) moved by the Citizen Consumer and Civil Action Group.

The case has been tagged with a pending PIL, whereas the Court had expressed hope that vacancies would be filled efficiently since the Legislative Assembly elections had concluded.

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KERALA HIGH COURT DENIES STAY ON FIR AGAINST AISHA SULTANA IN SEDITION CASE

The Kerala High Court on july 2nd declined to hold the proceedings related to the FIR against filmmaker Aisha Sultana by the Lakshadweep Police for sedition and promoting hostility between different religions (Ayshommabi AM @ AyshaSulthana v. Union territory of Lakshadweep).


Justice Ashok Menon today heard the petition filed by Sultana attempt to suppress the FIR. He noted in his order that the prosecution must be given more time to gather evidence and conduct a thorough investigation in this matter.

He stated that it would be improper for the Court to interfere at this stage of the investigation, and directed the prosecution to file a counter-affidavit regarding the stages of the investigation within two weeks.

Justice Menon had earlier granted anticipatory bail to Sultana regarding the same.

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BITCOIN FRAUD: DELHI COURT ORDERS POLICE TO REGISTER FIR ON FRAUD ALLEGATIONS BY BITCOIN SELLER

Delhi Court ordered Moti Nagar Police to lodge an FIR on the complaint of a Bitcoin Seller after bank accounts in which the money was transferred by the accused for the purchase of Bitcoins were frozen and the transactions were marked illegal (Hitesh Bhatia vs. Mr. Kumar Vivekanand).

Metropolitan Magistrate Abhinav Pandey ordered to investigate the complaint by the person dealing in the purchase and sale of Bitcoins through an online portal “Binance”.

The Court gave the opinion that there is a need for an investigation for the alleged fraud committed by the accused or whether there was any fault at the seller's end and as well as an intermediary through which the Bitcoin sales were done.

The Judge noted that while cryptocurrency has not been prohibited in India as of today, such online currency transactions would still have to comply with general laws such as "PMLA, IPC, FERA, NDPS Act, Tax laws, and RBI regulations regarding KYC (know your customer), CFT (Combating of funding of terrorism) and AML (Anti-money laundering requirements).”

 

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SUPREME COURT REFUSES TO STAY DELHI HIGH COURT ORDER ALLOWING PRIVATE SCHOOLS IMPOSE ANNUAL FEES AND DEVELOPMENT CHARGES

Supreme Court on Monday refused to stay the Delhi High Court order allowing private schools in Delhi to impose annual fees and development charges on students.

A bench headed by Justice A.M. Khanwilkar did not agree with the submission of the Directorate of Education of the Delhi government that the order to be stayed for the time being to give relief to the parents of students.

The Supreme court told that however that all the disagreements of the Delhi government would remain open for a formal judgment by the division bench of the high court as the dismissal of the plea here was not on priority.

The Delhi government filed the intra-court appeal before the division bench of the high court and was resenting on not staying the single judge bench verdict.

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DELHI HIGH COURT DENIES RELIEF FOR NOW TO THE WIRE, THE QUINT, ALT NEWS FOR NOT COMPLYING WITH THE IT RULES

 

The Delhi High Court denied granting relief for now on appeal by the news portals The Wire, The Quint, and AltNews in their challenges to comply with the IT Rules, 2021.

A Bench of Chief Justice DN Patel and Justice Jyoti Singh granted time to the Central government and other respondents to reply to the appeal for interim relief with respect to the Rules.

From the side of the applicant today, Senior Advocate Nitya Ramakrishnan urged the Court to grant relief from forced compilation under the Rules for some time. However, the Court refused to do the same and listed the matter for August 20.

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NINE NEW SUPREME COURT JUDGES LIKELY TO TAKE OATH ON AUGUST 31

The President approved all nine names, including three women, recommended by the Supreme Court Collegium and accepted by the government for appointment as judges of the top court. The Supreme Court Collegium, headed by Chief Justice of India (CJI) N.V. Ramana, comprising of Justices U U Lalit, A M Khanwilkar, D Y Chandrachud, and L Nageswara Rao had recommended the names on August 19, 2021 for elevation to the Apex Court.

The names of the 9 Judges in the order as recommended by the Supreme Court collegium are as follows -

1. Mr. Justice A.S. Oka, Chief Justice, Karnataka High Court

2. Mr. Justice Vikram Nath, Chief Justice, Gujarat High Court

3. Mr. Justice J.K. Maheshwari, Chief Justice, Sikkim High Court

4. Ms. Justice Hima Kohli, Chief Justice, Telangana High Court

5. Mrs. Justice B.V. Nagarathna, Judge, Karnataka High Court

6. Mr. Justice C.T. Ravikumar, Judge, Kerala High Court

7. Mr. Justice M.M. Sundresh, Judge, Madras High Court

8. Ms. Justice Bela M. Trivedi, Judge, Gujarat High Court,

9. Mr. P.S. Narasimha, Senior Advocate.

The new judge's list includes Justice B.V. Nagarathna, who will be in line to be the first woman Chief Justice of India (CJI) in September 2027 - a milestone in the nation's history. The other women judges who have been elevated to the top court are Justices Bela M Trivedi and Hema Kohli.

With the new appointments, the working strength of the Supreme Court goes up to 33 against the sanctioned strength of 34. It currently functions with only 24 judges including the CJI.

The Supreme Court, which has 25 judges against a sanctioned strength of 34, will be left with only one vacancy after the new judges are sworn in. The new judges are to be sworn in on Aug 31.

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“EXPLOITATION OF CHILDREN IS A CRIME AGAINST HUMANITY”- SUPREME COURT

A Supreme Court Bench of Justices MR Shah and BV, while hearing an appeal in the case of NagarathnaNawabuddin vs State of Uttarakhand, upheld the conviction of a 75-year-old man who was accused of inserting his finger into the vagina of a 4-year-old. The apex court decided that the accused placed his finger into the girl's vaginal opening, based on the evidence of an independent witness.


It was argued that the appellant could not have been convicted of the charges punishable under Section 5/ 6 of the POCSO Act if there had been no penetration or aggravated penetrative sexual assault. He also asked for a reduction in his sentence since he had TB and was of senior age.


In response to the petition for a reduction in the life sentence, the Supreme Court stated that no mercy can be offered to an accused who has committed offences under the POCSO Act, especially where the same has been shown by competent evidence in a court of law. The accused inserted his finger into the vagina, causing discomfort and irritation in urination, as well as agony throughout her body, and the doctor discovered redness and swelling around the vagina. We believe that the case falls under Section 3(b) of the POCSO Act and that it can be classified as penetrative sexual assault. Considering Section 5(m) of the POCSO Act, penetrative sexual assault committed on a girl child under the age of twelve years can be classified as 'aggravated penetrative sexual assault,' punishable under Section 6 of the POCSO Act.


It went on to say that such exploitation of children is a crime against humanity and society. The Bench, however, reduced the appellant's sentence to 15 years in jail since he was 75 years old and had TB.

 

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KARNATAKA HC ON HIJAB BAN

The Karnataka high court has referred petitions filed by Muslim college students who have barred entry into classrooms because they were wearing hijabs to a larger bench following a two-day hearing on petitions filed by five girls studying in a Government Pre-University College in Udupi against the hijab restriction in their college. Before the hearing, the Court requested the student community and the general public to preserve peace and tranquility in the aftermath of the order's protests.


In its statement of objections, the State told the Karnataka High Court that it is not interfering with religious beliefs and that educational institutions are not places to profess any particular religion. While senior advocate Sanjay Hegde urged the court to ensure that girl students were not deprived of their education as a result of the ban, the State told the court that it is not interfering with religious beliefs and that educational institutions are not places to profess any particular religion.


Protests against the hijab have risen in several regions of Karnataka, with some becoming violent. Activist right-wing audiences heckled hijab-wearing women on various campuses. Tensions rose at certain educational institutions in Udupi, Shivamogga, and Bagalkote, prompting police and government officials to interfere. Last Monday, the state administration issued an order requiring students in schools and pre-university colleges across the state to wear uniforms set by the government or the management of private institutions.

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UNFORTUNATELY THE POLICE DEPARTMENT IS RUNNING WITH 90 PERCENT OF THE CORRUPTIVE OFFICERS: JUSTICE P VELMURUGAN

While recently disposing of a contempt case brought against an investigating officer for deliberately disobeying the High Court's orders, Justice P Velmurugan of the Madras High Court took a poor view of the state's police, observing that it was time to sensitize personnel and purge corrupt ones.


These scathing comments were made during the hearing of S Vasanthi v M Baggiyalakshmi. In this case, the petitioner filed a police report against two males. After the investigation was completed, the police concluded the case and filed a charge sheet with the judicial magistrate court, which issued specific orders. The petitioner appealed the magistrate's decision to the High Court, which ordered the police to undertake a new investigation. Following the Court's decision, the investigating officer undertook a new investigation and dismissed the complaint as an "error of fact" claiming that the issue was civil. The petitioner subsequently filed a contempt motion, alleging that the police did not conduct the investigation fairly and, as a result, breached the Court's decision. However, counsel for the respondent contended that following inquiry, it was determined that there was no prima facie evidence and that the matter should be dismissed. The officer expressed her sincere regret for any misconduct on her part.


After reviewing the data, the Court came to the conclusion that the police had not engaged in willful disobedience. The court, however, did not believe the investigating officer's competency was enough. As a result, the contempt petition was dismissed. Nonetheless, the petitioner was offered the option of pursuing legal action against the police officer for her inability and negotiating a solution with the magistrate.

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DISTRICT, STATE, CONSUMER FORUMS CAN ADDRESS MEDICAL MALPRACTICE ACCUSATIONS: KERALA HIGH COURT

 

Recently in the case of Dr.Vijil&Ors. v Ambujakshi TP the Kerala High Court ruled that complaints about medical negligence or service defects can be filed before the District and State Consumer Disputes Redress Commissions.

According to Justice N Nagaresh, the Consumer Protection Act of 2019's definition of "services" is broad and not exhaustive, particularly for public utility services.

"Medical services would thereby come within the purview of Section 2(42) unless the service is provided free of charge or under a personal service contract," the judgment read.

The Court further stated,

"A reading of Section 2(42)'s inclusive section reveals that the Parliament meant to emphasize that some services, such as banking, financing, insurance, and transportation, which are in the nature of public utility services, would fall under the umbrella of services.' This is a broad definition, not a complete one. As a result, all services made available to potential users would come under Section 2(42), with the exception of those provided free of charge or under a personal service contract. The phrase "but not limited to" in Section 2(42) explains the Parliament's purpose ", said the single-Judge.

The decision was made in response to a petition submitted by numerous doctors against whom the respondent had filed a complaint with the District Consumer Disputes Redress Commission, demanding compensation of $32,52,000 for loss of vision allegedly caused by their medical negligence.

 The petitioners had disputed the complaint's maintainability before the District and State Consumer Disputes Redress Commissions, but they were both rejected.

 They then petitioned the High Court for an order finding the District and State Commissions' orders to be without jurisdiction and hence invalid.

 They also requested a declaration that the Consumer Protection Act's consumer fora do not have authority to hear complaints about medical malpractice or insufficiency in medical services.

It was pointed out that in Indian Medical Association v VP Shantha and Ors, the Supreme Court declared that the medical profession would fall inside the definition of service under Section 2(1)(o) of the Act, 1986. However, as per Section 2(42) of the Act of 2019, Parliament has removed medical profession/practice' from the list of facilities underserviced.'

Despite the Supreme Court's pronouncement of law, the physicians stated that this omission plainly reveals Parliament's purpose not to include medical profession/practice' within the meaning of service as specified under the new Act, 2019.

The petitioners' arguments were rejected by the High Court because Section 2(42) of the Act 2019 contains the term "but not limited to." This explains Parliament's stance, which has offered a list that is inclusive rather than exclusive.

 The High Court ruled that the District and State Consumer Disputes Redress Commissions can investigate complaints against doctors for carelessness in providing services unless the service is supplied free of charge.

As a result, the petition was dismissed.

 Senior Advocate S Gopakumaran Nair and Advocates Sooraj T Elenjickal, Renoy Vincent, Arun Roy, Helen PA, and ShahirShowkath Ali represented the petitioners.

 Assistant Solicitor General of India Manu S and Central Government Counsel V Gireesh Kumar represented the respondents.

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VICTIM SHOULD BE PERMITTED TO ASSIST THE PROSECUTION

While hearing a public interest lawsuit brought by mothers of minor sexual assault survivors, the Karnataka High Court ruled that a survivor or complainant should be allowed to help the prosecution if they so wish. In cases under the Protection of Children from Sexual Offenses Act, 2012, a Division Bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj directed that the investigation officer or the Special Juvenile Police Unit (SJPU) must notify a minor survivor's parents, caregiver, or guardian, and lawyer (if appointed), if the accused files for bail or if the prosecution files any other application (POCSO Act).

The plea requested that the Court declare that Section 40 of the POCSO Act (right of the child to seek legal advice) and Rule 4 of the POCSO Rules (procedure regarding care and protection of child) require that the child survivor, parent, guardian, or complainant be notified when an accused person files an application for bail.
According to the appeal, the local police failed to notify them when the accused person submitted a bail application in any of their cases. Because of this crucial failing, the defendants in each case were released on bail without the mothers being notified or having a chance to be heard in the case.

Victims of criminal offences, particularly horrific crimes, should have a say in the criminal prosecution of the accused, according to the Court. The Court stated that the POCSO Act's offences are terrible in character and are frequently committed by perverted individuals.

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THE KERALA HIGH COURT HAS GRANTED A 10 YEAR OLD RAPE SURVIVORS REQUEST TO ABORT A 30 WEEK OLD PREGNANCY

 

The Kerala High Court on Thursday permitted medical termination of a 10-year-old rape survivor's 30-week-old pregnancy to protect her health.
Even though the kid has an 80% probability of surviving the treatment, Justice PV Kunhikrishnan believes there is a risk of serious consequences affecting the 10-year-old's health.
The court in its judgment stated that

"The alleged culprit is her own father. If the allegation is correct, I am ashamed of and of course, the entire society should bow their head for the same reason. I am sure that long arm of our legal system will punish him in a manner known to law"

The Court also expressed dismay for the fact that the suspected rapist is the little girl's own father, and stated that society as a whole should be embarrassed.
The decision was taken in response to a petition filed by the mother of the 10-year-old survivor, who sought permission to undergo medical termination of her pregnancy under the Medical Termination of Pregnancy Act, 1971, as well as a directive to the concerned hospital to carry out the procedure in accordance with the law.The hospital was ordered to form a Medical Board and provide a report within two days when the case initially came before the Court.

According to the report, the pregnancy was 'breech presentation,' meaning the baby was positioned so that its legs and posterior came out first, necessitating a surgical delivery under anaesthesia. It also said that the kid has an 80% probability of surviving at 30 weeks and 6 days, with an anticipated weight of 1.557 kg. However, there is a danger of neonatal morbidity as well as a negative neuro-developmental result for the new-born kid.

Furthermore, the hospital is ethically and medicolegally obligated to resuscitate and care for the new-born infant owing to the foetus's age.
After reviewing the report, as well as the minor rape survivor's age and other circumstances, the Court agreed to give the hospital a week to complete the necessary procedures under the Medical Termination of Pregnancy Act.

Furthermore, the Court ordered that if the baby is born alive and the child's parents are unwilling or unable to assume responsibility for the child, the State and its agencies must assume full responsibility for the child, including medical support and other facilities as may be reasonably possible, while always adhering to the principle of the child's best interests as well as the statutory provisions in the Juvenile Justice Act.

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JUDGES RIGHT TO PRIVACY

While hearing the case of SK Nausad Rahaman v Union of India, a bench of Justices DY
Chandrachud, Surya Kant, and Vikram Nath declared that the State cannot ignore the core
constitutional values, particularly the preservation of family life, which is a component of
Article 21.

The Supreme Court ruled that executive orders and administrative directives relating to
transfers and postings did not give an individual an inalienable right to claim the same. It
further stated that an employee does not have a fundamental or vested right to request a
transfer or posting of his or her choice.

In this context, the Bench noted that spouse postings were subject to the administrative
requirement. According to the Court, a policy governing the same must take into account the
necessity of protecting family life as an element of a person's dignity and a postulate of
privacy.

The Supreme Court was hearing an appeal from a Kerala High Court verdict where the Hight
The court upheld the validity of a circular issued by the Central Board of Indirect Taxes and
Customs stated that after the enforcement of Recruitment Rules, no application for
Inter Commissionerate Transfers (ICTs) would be considered because the rules did not
include any provision for recruitment by absorption. However, the circular stated that in rare
circumstances and on the basis of extreme compassion, such transfers may be permitted on
a "case-by-case" basis, taking into account administrative considerations.

The Court emphasized the concept that in the event of a conflict between presidential orders
and rules enacted under Article 309, the rules must take precedence. The Court ruled that
when drafting a policy for its own employees, the State must take into account the
importance of protecting family life as a component of personal dignity and a precept of
privacy.

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PETITION AGAINST ONLINE FOOD DELIVERY APPS

In the case of Indian Hotel and Restaurant Association & Anr. v. Municipal Corporation for Greater Mumbai (MCGM) a petition has been filed stating that during the pandemic when restaurants were shut for public and only delivery of food was permitted through the delivery companies, a number of illegal food outlets sprung up on food delivery apps.
The Indian Hotel and Restaurant Association has filed a complaint in the Bombay High Court, alleging that meal delivery apps Swiggy, Zomato, and Dunzo are distributing food from unlicensed and illegal establishments that sprouted up during the COVID-19 outbreak. Members of the petitioner-association had invested a significant amount of money in their restaurant enterprises, as well as getting the required permits and adhering to statutory requirements on a regular basis, according to the complaint filed by Advocate Aditya Chitale.
During the COVID-19 shutdown, however, new unlawful unlicensed dining establishments sprung up all across Mumbai, doubling their sales.
During the epidemic, when restaurants were closed to the public and only delivery of food was allowed through delivery businesses, a large number of purportedly illegal food outlets with their menus appeared on delivery company websites and mobile apps.
The Association then sent a letter to the Executive Health Officer, expressing its displeasure with such unlawfully functioning dining establishments. As a result, the officer issued notifications to delivery businesses, instructing them to cease picking up and delivering meals from the allegedly unlawfully running dining establishments. The officer had given three similar notifications to senior police inspectors from the Khar, Bandra, and Santacruz police stations, directing them to take legal action.
The petition has sought to take necessary action against dining establishments that are functioning unlawfully in violation of the Mumbai Municipal Corporation Act; to take appropriate action against food delivery firms that provide services to unlawfully running dining establishments that do not have the necessary permits; to file criminal charges against the officials of the food delivery firms very away and conduct a comprehensive investigation; to ban unlawful sellers from operating and intruding on the operation of roadside spaces; to make it unlawful to sell LPG cylinders to unauthorized sellers and to take legal action against delivery company personnel who utilize non-commercial cars for business purposes.
A bench of Justices AA Sayed and Abhay Ahuja will hear the case on Monday, March 14th.

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16th ROUND OF MILITARY TALKS
India, China agree to maintain stability & security on ground

The 16th round of military talks between India & China held on 17 July (Sunday) at the Chushul Moldo meetting point on the Indian side of Line of Actual Control (LAC) at the region, to discuss disengagement at the remaining friction points along the LAC in the eastern Ladakh.

In the meeting, India and China agreed to maintain security and stability on the ground in the western sector, and both agreed to stay in close contact and maintain diaglogue through military and diplomatic channels and work out a mutually acceptable resolution of the remaining issues at the earliest.

The two sides continued discussions for the resolution of the relevant issues along the LAC in the western sector in a constructive and forward looking manner. They also focused on 'specific outstanding issues' in the bilateral relationship pertaining to the 'border situation'.

Minister of External Affairs also underlined that India-China relationship is "best served by observing the three mutuals- Mutual Respect, Mutual Sensitivity, and Mutual Interests".

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Rupee falls below 80 against dollar, raises worries over imported inflation


Raising concerns over high imported inflation, the Indian Rupee fell below the psychological level of 80 to 80.05 against the US dollar. Although the rupee has depreciated against the US dollar, but it has appreciated against other major currencies such as Euro and the Japanese Yen.

Currencies such as the British pound, the Japanese yen and the Euro have weakened more than the Indian rupee against the US dollar and, therefore the Indian rupee strengthened against these currencies in 2022.

Major reasons for the weakening of Indian rupee against the US dollar are: Global factors such as the Russia-Ukraine conflict, soaring crude oil prices and tightening of global financial conditions , etc.

This year we are likely to have a deficit on the balance of payments. So our capital account inflows are likely to be lower than the current account deficit. One of the cause for this situation in our country is - 'excess of imports on the exports'.

The CPI based inflation has been over 6 per cent for two straight quarters, remaining above the upper limit of the RBI's medium-term target range of 2-6 per cent. Most of the risks to inflation are seen emerging from the crisis in the aftermath of the Ukraine-Russia war. The underlying domestic inflation is driven by imported components like public transport etc. because of higher fuel costs.

The RBI and the government have recently taken several measures which might stem the fall in the rupee.

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Gaganyaan abort mission this year: Solar,Lunar missions in 2023

ISRO has set new deadlines for major missions, with its 'first solar mission' and 'third lunar mission' set to take place in the first quarter of next year.The third scientific mission scheduled for next year is the space observatory, 'XpoSat', designed to study cosmic x-rays. The 'Gaganyaan Mission' is scheduled for later this year.

ISRO would also carry out a 'space docking experiment' in the third quarter of 2024. 'Space docking' is a process of joining two separately launched spacecraft, and is mainly used for setting up modular space stations.

The first milestone for the Gaganyaan mission will be undertaken in the last quarter of 2022 - it will be the first 'abort demonstration mission'. The abort missions are meant to test the systems that can help the crew escape from the spacecraft mid-flight in case of a failure.

The XpoSat will be India's second astronomical observatory in space after the Astrosat. It will help in studying cosmic x-rays.

The Chandrayaan-3 will be a lander-rover mission that aims for a soft landing on the Moon that was planned for the second lunar mission. The lander-rover will use the existing orbiter around the Moon from Chandrayaan-2 to communicate with Earth.

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Banks NPA ratio likely to fall to 5-5.55% by March 2024

 

As per RBI's latest Financial Stability Report, the gross non-performing assets (GNPA) declined to a six-year low of 5.9% in March 2022. The non-performing loans of banks are expected to decline to 5-5.5% of the total advances by March 2024.

The credit costs to stabilize at 1.5% for fiscal 2023 and further normalize to 1.3%, making credit costs comparable to those of other emerging markets and India's 15-year average.

With an economic pick-up, residual stress for these segments should start reducing; NPL (Non-Performing Loans) recoveries are likely to also gain momentum. This is a good sign for our country's economy.

The economic growth prospects should remain strong over the medium term, with GDP expanding 6.5-7% annually in the fiscal year 2024-2026.

 

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An Indian Ocean plastic-free

In the UN Ocean Conference in Lisbon, Portugal, India assured the world community that it is committed to protect at least 30 per cent of our lands, waters and oceans. India announced that it will undertake a massive coastal clean-up drive that will cover 75 beaches across the country.

India offered to provide science and innovation-based solutions for the implementation of SDG-14 at the World Ocean Summit. Goal-14 calls for the conservation and sustainable use of the oceans, seas, and marine resources. 

The results out from the Beach Litter Survey revealed that the maximum litter accumulation occurs on the backshore than in the inter-tidal zone. Urban beaches have higher accumulation rates than rural beaches. The stations located near the river mouth had higher numbers of microplastic concentrations.

The litter, especially plastics, badly affect the marine biodiversity, ecosystems, fisheries, human health and the economy. To tackle this, PM Modi requested start-ups, technicians and entrepreneurs for recycling this plastic, and he urged people to promote jute and cloth bags.

India is trying to solve this problem through a campaign named "Swachh Sagar, Surakshit Sagar", launched on July 5.  A mobile app "Eco Mitram", has been launched to spread awareness about the campaign and to register the volunteers. It is believed that this initiative will bring a change by raising awareness about how plastic usage is destroyng our marine life.

 

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The Controversy Over GST Levies On Food

At the GST Council meeting in Chandigarh last month, chaired by Finance Minister 'Nirmala Sitharaman', a 5% GST has been levied on unbranded packed food items. Earlier, these items like curd, lassi, buttermilk, puffed rice, wheat, pulses, oats, maize, and flour, etc were exempted from the GST net.

Other items which now will have to lost their tax-exempt status, include bank cheques, maps and atlases, hotel rooms that cost upto ?1,000 a night, and hospital room rents of over ?5,000 per day.

The government said that the earlier tax exemption triggered 'rampant misuse' by reputed manufacturers and brand owners leading to a gradual drop in revenues. Finance Minister also pointed out that all affected food items including wheat, pulses, curd and lassi, will be exempt from GST when sold loose. It is also clarified that pre-packed items weighing over 25kg would attract GST. 

But this change has called for some controversies; the Confederation of All India Traders (CAIT), has urged all Chief Ministers to roll back the tax by holding an emergency meeting of the GST Council, arguing that 85% of the country's consumers use such unbranded goods. 

From these taxes, there would be a marginal impact on India's consumer inflation rate that has now been over 7% through the first quarter of 2022-23. The GST Council is also expected to meet again in August, where the issue may be ranked up afresh.

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Kerala receives a roaring response to "Har Ghar Tiranga"

The Center's "Har Ghar Tiranga" campaign was launched in Thiruvananthapuram, Kerala, on Saturday morning to an exuberant reception that cut across all barriers of age, caste, and religion.

 The campaign, which was started as a part of "Azadi ka Amrit Mahotsav" to honour India's 75th anniversary of Independence, will last through August 15.

The goal of the campaign is to encourage all Indians to fly the flag at their residences and places of business.

 This morning, State Ministers K. Krishnanankutty and K. Balagopal raised the tricolour in their homes to kick off the campaign.

 When he raised the flag at his Kochi mansion, superstar Mohanlal (Hon Lt. Col) stole the stage.

The national anthem was played after he raised the Tri-color, and everyone in the house stood at attention.

In a statement to the media, Mohanlal said,

"I'm truly delighted to have participated in the 'Azadi ka Amrit Mahotsav' and the effort will undoubtedly serve to enhance the love for the country."

Similar Tri-color hoisting ceremonies were held in residences, clubs, government buildings, and homes.

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Zelensky suggests extending martial law and mobilising everyone.

Kiev, 13 Aug. A 90-day extension of the country's present martial law and full mobilisation has been suggested to Parliament by Ukrainian President Volodymyr Zelensky.

According to the Xinhua news agency, two distinct versions on extending martial law and general mobilisation have been presented to Parliament for review.

After the continuing conflict with Russia began on February 24, the Ukrainian Parliament established martial law, which it has since tripled in length.

In Ukraine, the general mobilisation of the populace began on February 24 and was extended for an additional three months in May.

On August 23, the legislation in Ukraine governing martial law and general mobilisation are set to expire.

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DEFENCE MINISTER: INDIA TO SOON BECOME A GLOBAL PLAYER IN SHIPBUILDING

In the presence of the defence minister Rajnath Singh, the Indian Naval Ship Mormugao, the second vessel of the P15B class of stealth guided-missile destroyers, was pushed into action on Sunday.

The Mormugao harbour in Goa inspired the naming of the new destroyer. On the eve of Goa Liberation Day, which is observed on December 19, the vessel was dedicated. The event's honour guests were Goa Governor Girish Pillai and Goa Chief Minister Pramod Sawant.

The ceremony marked the official introduction of the second of the four destroyers from the Visakhapatnam class, which were built in Mumbai by Mazagon Dock Shipbuilders Ltd (MDL) after being locally designed by the Indian Navy's Warship Design Bureau.

According to Singh, the defence minister, INS Mormugao is one of the most potent warships ever built domestically and will greatly improve the nation's marine capabilities. "INS Mormugao is one of the most cutting-edge missile carriers in the world. It is a testament to India's proficiency in the design and development of warships and a brilliant example of our expanding domestic defence production capabilities with over 75% indigenous content, he said.

According to him, India will eventually manufacture ships for the entire world. "The warship will suit the present and future demands of our country as well as of our friends countries throughout the globe," he said.

Singh praised the MDL and Indian Navy for putting the INS Mormugao into service. In addition, Singh praised the Indian Navy for defending the nation's marine interests.

According to him, the navy's main duty is to protect the country's interests in the Indian Ocean region. "Our expanding trade, the majority of which travels by sea routes, is a direct result of our expanding economy. The Indian Ocean is directly relevant to our interest. Due to India's prominence in the region, the Indian Navy plays a bigger part in ensuring its security. It is encouraging to see that they are successfully carrying out their responsibilities," Singh remarked.

According to him, the central government is committed to preparing the country for any eventuality that might arise as a result of the quickly shifting international environment. The defence minister stated that the government's primary objective is to continue bolstering the security framework by providing the armed forces with cutting-edge domestic weaponry and equipment.

According to Admiral R. Hari Kumar, Chief of the Naval Staff, the commissioning of INS Mormugao is representative of the significant advancements India has made in warship design and construction capability over the past ten years. According to him, the warship is a perfect example of Aatmanirbhar Bharat (self-reliant India) and the Make in India programme. He also said it strengthens the Navy's commitment to assisting India's development into a major centre for shipbuilding.

The vessel, which has a multifaceted combat potential, will be a part of the Indian Navy's western fleet, or sword arm, he said.

INS Mormugao is 163 metres long and 17 metres wide, and it can carry 7,400 tonnes. Surface-to-surface and surface-to-air missiles are only a couple of the sophisticated, cutting-edge weapons and sensors that are crammed inside. The ship is equipped with a cutting-edge surveillance radar that feeds the gunnery weapon systems target information. Its anti-submarine warfare capabilities are provided by helicopters and rocket and torpedo launchers that were manufactured domestically.

The ship is propelled by four strong gas turbines with a top speed of around 30 knots. The ship has improved stealth capabilities, which reduces its radar footprint. There will be 300 officers and sailors on board INS Mormugao.

On September 17, 2016, the ship's keel was raised by Manohar Parrikar, who was the chief minister of Goa at the time. On December 19, 2021, the day Goa was liberated 60 years earlier, sea trials began. The launching on Sunday was important because it was the same day that Operation Vijay, which freed Goa from Portuguese domination, began in 1961. In his speech, Singh paid tribute to Parrikar, his predecessor who was a native of Mapusa, Goa.

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INDIAN NAVY RECEIVES THE FIFTH SCORPENE SUBMARINE INS VAGIR

 

Prior to its anticipated commissioning next month, the Indian Navy on Tuesday received the fifth Scorpene-class submarine, INS Vagir, officials said. The Project-75-built submarine will be introduced, increasing the Indian Navy's capacity for battle.


Concerns about China's expanding incursions into the area, which is thought of as the Indian Navy's backyard, have led India to concentrate on strengthening its maritime capacity with an emphasis on the Indian Ocean.

Six Scorpene-designed submarines will be built locally as part of Project-75.

The Naval Group of France and Mazagon Dock Shipbuilders Limited (MDL) in Mumbai are working together to develop the submarines.

Vagir, which was introduced on November 12, 2020, began its sea testing on February 1. It is an enormous source of pride that, compared to past submarines, she has finished all important trials, including the weapon and sensor trials, in the shortest amount of time.

According to him, building submarines is a complex process made more challenging by the fact that every piece of equipment must be miniature and adhere to strict quality standards.

The building of these submarines at an Indian yard, according to Commander Madhwal, is another step toward "Aatmanirbhar Bharat."

The submarine, according to him, would soon be commissioned into the Indian Navy.

The Navy commissioned the locally constructed guided missile destroyer INS Mormugao on Sunday.

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TALIBAN PROHIBIT AFGHAN WOMEN FROM ATTENDING UNIVERSITIES

Three months after hundreds of people took admission tests, the minister of higher education announces an indefinite order.

According to a letter the ministry of higher education sent to all public and private universities, Afghanistan's Taliban leaders have ordered a permanent ban on women attending the country's universities.

The letter, which was signed by Neda Mohammad Nadeem, the minister of higher education, stated that "you all are informed to implement the mentioned order of halting education of females till further notice."

The directive was confirmed by the ministry's spokesperson, Ziaullah Hashimi, who also tweeted the letter, in a text message to Agence France-Presse.

Meena, a 52-year-old instructor in Afghanistan who went by a pseudonym out of concern for reprisals, said, "My female students are sad and I don't know how to comfort them." One of them relocated to Kabul from a rural district and overcame several obstacles to enrol at this prominent university. Her dreams and aspirations were all dashed today.

Meena said she could understand her student's anxieties because she was in college when the Taliban last took control in the late 1990s. "Last time they were in power, I lost a significant portion of my education. I also knew that the Taliban would prohibit girls from attending universities the day they took control of Kabul.
With their cellphones, social media accounts, and fancy automobiles, they may appear to be a different group, but they are still the Taliban who denied me an education and are now destroying my students' futures, she claimed.

Exiled child rights campaigner Prof. Manizha Ramizy claimed that her female pupils had sent her anxious texts.

She remarked, "They are horrified and scared, looking at a gloomy future.

She noted that despite months of ever-tighter restrictions, many Afghan women had held out faith that access to education would continue.

"They would gripe to me about how they were treated unfairly in society and in the school. Although it was a terrible experience, at least they will graduate shortly and realise their full potential. Now everything is gone, she declared.

The ban on higher education was enacted less than three months after thousands of girls and women across the nation took university entrance tests, with many of them hoping to pursue professions in engineering and medicine.

Universities were compelled to establish new regulations following the hardline Islamists' takeover of Afghanistan in August of last year. These regulations included gender-segregated classrooms and entrances, and women were only allowed to be taught by female professors or elderly males.

The majority of Afghan teenage girls are already prohibited from attending secondary schools, drastically restricting their access to higher education.

Madina, a journalism student, admitted that she was finding it difficult to grasp the gravity of Tuesday's order.

"I am at a loss for words. The 18-year-old stated, "Not only me, but all of my pals, lack the language to adequately convey our thoughts. "Everyone is contemplating their uncertain future. They interred our hopes.

An international outcry condemned the action, and the US issued a warning that the Taliban would be held accountable.

According to state department spokesman Ned Price, "This unacceptable posture will have substantial repercussions for the Taliban and further alienate the Taliban from the international community."

Ramiz Alakbarov, the secretary general's deputy special representative for Afghanistan, stated that the UN was "very worried" by the directive.
 He tweeted, "Education is a fundamental human right. A door closed to women’s education is a door closed to the future of Afghanistan".
The closure of universities to women and girls is a terrifying step backwards for Afghanistan, the International Rescue Committee warned in response to the ban. There is no way around it: girls must be permitted to stay in school and women must have the freedom to work and travel.

The Taliban follow a strict interpretation of Islam, and Hibatullah Akhundzada, the movement's ultimate leader, and his inner circle of Afghan clerics are opposed to contemporary education, especially for children and women.

They disagree with many Kabul leaders and some of their rank and file, however, who had hoped that girls would be let to continue their education following the takeover.

Many government jobs for women have been eliminated, or they are being paid less to stay at home. They must wear clothing outside the home, preferably a burqa, and are prohibited from travelling alone or without a male relative.

They were not allowed to visit parks, fairs, gyms, or public bathhouses in November.

When secondary schools were slated to reopen in March, the Taliban made a nasty U-turn and forbade girls from going back on the scheduled opening day.

A number of Taliban officials claim the closure of secondary schools is merely temporary, although they have provided a long list of justifications, ranging from a shortage of funding to the need for time to modify the curricula to reflect Islamic principles.

 

 

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Reliance Jio is the network connectivity choice for Indian Oil's gasoline pumps.


Indian Oil Corporation (IOC) released a statement on Thursday announcing that Jio will connect 7,200 IOC facilities with an SD-WAN managed service solution, zero-touch provisioning, and round-the-clock real-time monitoring.
The largest oil company in the country, Indian Oil Corporation (IOC), has chosen Reliance Jio's managed network services to link a fifth of its gas station network.
According to a statement released by the company on Thursday, Jio will connect 7,200 IOC sites using an SD-WAN managed service solution, zero-touch provisioning, and continuous real-time monitoring.
'Jio wins IOC order for SD-WAN solution that will power IOC's retail automation and essential business operations, including payment processing, daily price updates, remote desktop protocol (RDP) software, and network monitoring with enterprise-grade connectivity, Quality of Service (QOS), and round-the-clock support across 28 states and 8 union territories,' the press release reads.
For a period of five years, JioBusiness, the business division of Reliance Jio Infocomm Ltd, will deploy and manage SD-WAN (Software Defined Wide Area Network) for IOC throughout its 7,200 retail locations.
Prateek Pashine, Head of Enterprise at Reliance Jio, commented on the win: "We look forward to supporting IOC's digital transformation path by establishing the largest SD-WAN network in the nation with our "Made in India" managed network solution."
We have the technological know-how to assist IOC in attaining greater performance benchmarks across their network and to take advantage of Jio's connectivity at each of the 7,200 sites thanks to our vast experience in large-scale deployments, he claimed.

One of the largest SD-WAN solution deployments in India across all industries as well as in across Asia's oil and gas industry.
According to him, Jio's SD-WAN setup is now in place at more than 2,000 retail locations, indicating that the solution rollout is currently in an advanced stage.
WAN lines are now being installed by Jio for customers in the government, banks, large and small enterprises, and offices, factories, and warehouses in different locations.

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PUNJAB CM WILL MEET WITH OFFICIALS TODAY TO DISCUSS THE SITUATION IN LIGHT OF THE RISE OF INFECTIONS IN CHINA

With a sharp increase in cases in China's neighbour, Covid-19 is receiving increased attention in India, with a focus on masks, genome sequencing, and random testing at airports.

Over the past few weeks, India's average daily Covid-19 case count has been declining; in the week ending December 19, it dropped to 158.

India has refocused attention on Covid-19 as neighbouring China experiences a recent spike in infection rates, one of the biggest outbreaks in the country in the previous two years.

Thursday's high-level review conference was attended by Prime Minister Narendra Modi, who emphasised that the pandemic is "not over yet" and gave instructions to officials to strengthen the current monitoring procedures, particularly at international airports. He recommended people to adopt Covid-appropriate behaviour at all times, particularly as the holiday season approaches, and called for increased Covid-19 testing and genome sequencing.

The central government is constantly keeping a "close eye" on new Covid-19 variants, according to Union Health Minister Mansukh Mandaviya, who also held a review meeting with officials and public health experts on Wednesday. Mandaviya also said that random testing of foreign arrivals is taking place at airports.

The BF.7 variety, which is a sublineage of Omicron BA.5 and is not a recent development, is to blame for the current increase of Covid-19 cases in China. There were worries after four BF.7 instances were found in India, but scientists indicated there is no need for concern as these individuals have had the virus and had recovered.

Over the past two weeks, India's average daily Covid-19 case count has continued to decline, down to 158 in the week ending December 19.

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AFGHAN MEN LEAVE THE CLASSROOM TO PROTEST THE EXCLUSION OF WOMEN FROM COLLEGES

Afghanistan: In response to the Taliban's order, some 60 professors employed by several universities resigned from their positions.

In Afghanistan, several men left their seats in protest over the Taliban's decision to bar women from enrolling in schools. In support of women, many university academics in Afghanistan also took a strike action. Earlier, the education minister for the Taliban regime defended the decision to bar women from attending colleges and universities by claiming that "We told girls to have proper hijab but they didn't and they wore outfits like they are going to a wedding ceremony."

"Girls were majoring in engineering and agriculture, but this didn't fit with Afghan culture. In order to prevent the mingling of genders in universities still governed by the regime, education minister Nida Mohammad Nadim said, "Girls should learn, but not in subjects that violate Islam and Afghan honour.

According to the Independent, following the Taliban's directive, some 60 teachers across universities resigned from their positions. A number of male students also left these institutions in support of their female peers.

Read Also: TALIBAN PROHIBIT AFGHAN WOMEN FROM ATTENDING UNIVERSITIES

As a university associate professor who spent more than 10 years in the higher education field as a student and lecturer, such tactics [by the Taliban] hurt me a lot. The only other choice I had was to resign from my position, according to Obaidullah Wardak, a former professor at Kabul University, who spoke to Independent.

To stop demonstrations and reactions, their military patrol the campuses and forbid people from congregating there. They also briefly detained some of the female women's rights activists for their refusal to demonstrate, he added.

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WITH HIS NINTH TEST CENTURY AGAINST NEW ZEALAND, BABAR AZAM SHATTERS THE HUMBLING CAPTAINCY RECORDS OF RICKY PONTING AND BRIAN LARA

Babar's leadership's potency was also questioned. But on the first day of the first Test against New Zealand in Karachi, he silenced the doubters with an outstanding century.

It hasn't been the greatest of times for Pakistan cricket or captain Babar Azam with the team suffering a humiliating whitewash at home against England, which finally led to the resignation of Ramiz Raja as PCB chairman and the Muhammad Wasim-led selection panel. Babar's leadership's potency was also questioned. But on the first day of the first Test against New Zealand in Karachi, he silenced the doubters with an outstanding century.

Pakistan's Monday performance was terrible as they lost three wickets for just 48 runs in 15 overs. Tim Southee of New Zealand quickly broke Saud Shakeel and Babar's 62-run partnership despite the fact that he seemed to be making a fight.

Pakistan desperately needed a partnership, but their captain needed to step up most of all. Sarfaraz Ahmed, who served as the previous captain and was playing in his first Test after almost four years since his last match against South Africa in 2019, was a big help to Babar, but he also had to fight hard against the New Zealand attack to register his eighth Test century.

With the tonne, he surpassed Ricky Ponting's previous record for the most fifty-plus runs in a calendar year in international cricket. Ponting held the record for the most such scores with 24 until Babar in Karachi recorded his 25th fifty-plus score to exceed it. This mark had stood for 17 long years. The total includes 17 1950s and eight tonnes. He eclipsed Mahela Jayawardene, Graeme Smith, Australian Steve Smith, and legendary West Indian Brian Lara on the list of captains with the most international tonnes in a calendar year with these eight hundreds. Eight centuries in 2022 by Babar are third-best in history.

Thanks to the knock, Babar has the most Test runs among players in 2022. Additionally, he has scored more runs than any other Pakistani batsman this year with 2542 across all three forms, surpassing former cricketer and current batting instructor Mohammad Yousuf.

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MARINES MAY NOW RECRUIT SIKHS WITH BEARDS AND TURBANS: A US COURT HAS RULED

The guys filed an appeal with the US Court of Appeals for the DC Circuit in September after a judge in a lower court denied their motion.

A US court determined that the Marine Corps cannot bar Sikhs from entering if they are sporting beards and turbans. Three new recruits from the Sikh community can now begin basic training with the regiment, which is a significant accomplishment.

Aekash Singh, Jaskirat Singh, and Milaap Singh Chahal, the three recruits, had applied for a waiver from the Marines' requirement that they cut their beards. The Marine Corps informed the three Sikh men that they could only serve if they shaved before the basic training. The guys had contended that the beards and turbans were a sign of their dedication to their religious religion.

After a judge in a lower court rejected their motion, the men appealed to the US Court of Appeals for the DC Circuit in September. Beards will affect "troop homogeneity" and appearance, according to the Marines, endangering national security.

They "are already experiencing and will continue to suffer grave, immediate, and ongoing injury to the exercise of their faith," the three-judge panel of the US Court of Appeals ruled.

Sikhs may continue to wear their religious beards while serving their country in the US Marine Corps, according to a recent federal court decision. Three Sikh recruits who had previously been denied religious accommodations are now able to start basic training, according to their attorney Eric Baxter.

"This is a significant victory for religious freedom—the Marine Corps has long prohibited Sikh recruits sporting beards for religious purposes from enrolling in basic training. He continued, "No one should have to choose between serving God and country. Today's verdict strikes down that rule as a 'violation of the Religious Freedom Restoration Act (RFRA)'."

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WILL PAKISTAN ABSTAIN FROM THE INDIA ODI WORLD CUP? BIG NEWS FROM PCB CHIEF: "IF THE GOVERNMENT SAYS...WE WON'T GO"

 


After BCCI secretary and Asian Cricket Council (ACC) president Jay Shah declared that India will not be sending a squad to the continental event in October, tensions between the two cricket boards grew.
The next ODI World Cup will be held in India, and Pakistan Cricket Board's (PCB) new CEO Najam Sethi offered fans a major update on the nation's position. Pakistan had previously threatened to abstain from the main tournament if India refused to visit for the Asia Cup, which is slated to take place before the World Cup.
After BCCI secretary and Asian Cricket Council (ACC) president Jay Shah declared that India will not be sending a squad to the continental event in October, tensions between the two cricket boards grew.
Sethi stated on Monday that the Pakistani government, not the cricket association, will decide whether Pakistan will play in the World Cup.
"If the government forbids us from travelling to India, we won't do it. Let's be clear about the ties between Pakistan and India in terms of cricket. Whether you perform, refrain from performing, or embark on a tour, the government always has the final say." Sethi said at a press briefing in Karachi.
The PCB can only ask for clarification; these choices can only be made at the government level, he continued.
Sethi also mentioned that he would contact the ACC. "After assessing the circumstances, I will proceed. We must make sure we are not acting alone when making any decision."
In the event that India travels, it will be their first trip to the neighbouring nation in 13 years. After the 26/11 Mumbai attacks, the bilateral series had practically come to a stop. The squad had last visited Pakistan during the 2008 Asia Cup.
Pakistan has only once visited India since the bombings, and that was in 2012 for a bilateral series. But at ICC and ACC events, the two sides have competed in some wild matches.

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THE WAY OF WATER BOX OFFICE EARNINGS FOR AVATAR: SEQUEL CAN TOP AVENGERS ENDGAME BY $100 MILLION IN ITS SECOND WEEK OF SALES

 Box office results for Avatar The Way of Water: On its second Monday, the James Cameron film brought in about 12–13 crore nett. It is expected to surpass Avengers Endgame's prior Hollywood record in India by another 100 crore.

As the Hollywood movie enters the second week with a big lead, Avatar The Way Of Water enjoyed a huge second Monday. The sequel outperformed its Friday earnings on Monday, bringing in between 12 and 13 crores net. As we start this week, it is already close to making 70 crore. Since its debut on December 16, the James Cameron movie has been slowly increasing in popularity.

The movie, which also benefits from the Christmas holiday with a solid second weekend, stars Sam Worthington, Zoe Saldana, and Sigourney Weaver. Avatar The Way Of Water has additionally benefited from the failure of Rohit Shetty's Hindi feature Cirkus. This weekend's lack of other Hindi releases gives it the opportunity to grow even more on its third weekend. After receiving negative reviews from both reviewers and fans, Cirkus, featuring Ranveer Singh in a dual role, had a weaker opening weekend than anticipated.

Box Office India, a trade publication, claims that Avatar The Way Of Water may even surpass a Hollywood record in India by earning an additional 100 crore during its second week. The Avatar sequel appears to be on track to break that mark in the next day or two. Marvel's Avengers Endgame had made approximately 76 crore nett in its second week. It may possibly beat Avengers Endgame's 367 crore nett lifetime total.

On Tuesday, the movie's international box office receipts are expected to surpass $1 billion. It took 13 years for director James to revisit the events of the 2009 original. Kate Winslet and Cliff Curtis, who have joined the cast of Avatar: The Way Of Water, are from the Metkayina clan in Pandora. Actors Edie Falco and Jemaine Clement round out the group as the humans dispatched to Pandora to plunder its treasures. In addition to English, the sequel is also available in Hindi, Tamil, Telugu, Kannada, and Malayalam in India.

The movie is up for two Golden Globes in 2019 nominations. James is competing for Best Director and Best Motion Picture - Drama. The sci-fi movie was also selected by the American Film Institute and National Board of Review as one of the top 10 movies of 2022.

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TODAY'S MAHARASHTRA ASSEMBLY RESOLUTION ON THE KARNATAKA BORDER DISPUTE FEATURES GOVERNMENT EXCHANGES

Eknath Shinde, the chief minister of Maharashtra, submitted the decision regarding the long-running border dispute in the state assembly on Tuesday amid a simmering disagreement with Karnataka. The resolution was unanimously approved and emphasised that Maharashtra would fight the ongoing Supreme Court lawsuit with all of its might to include all 865 villages, including Belgavi, Karwar, Nipani, and Bidar Bhalki. Additionally, it criticised the administration's anti-Marathi stance in the border region. This comes a day after Uddhav Thackeray, a former chief minister and Shinde's erstwhile party ally, recommended that the contested area should be placed under central control while the matter is being decided by the Supreme Court. The long-running argument concerns border regions where residents identify more strongly with one state than the other due to the language they speak. Devendra Fadnavis, the Maharashtra deputy chief minister, criticised Uddhav Thackeray for failing to find a solution while in power before the assembly session started on Tuesday morning. "Today in the state assembly, the chief minister will provide a resolution on the border issue. I'm hoping the resolution will be approved by a majority. The BJP member reportedly said, "I'm amazed that people who talked yesterday did nothing for 2.5 years as the chief minister," according to news agency ANI. When our government took office, the border dispute had not yet started. "It began with the establishment of Maharashtra and the division of the provinces based on languages. It's been going on for a while. We never politicised this subject, and we sincerely hope that no one else would either. People living in border regions should feel that Maharashtra is behind them "He was adamant. The opposition's leader, Ajit Pawar, argued with the government and then asked for a meeting. "We'll continue to be resolute and show that we stand with border region residents. It will be vital to determine whether the central government would support the demand to recognise these contentious areas as union territories given that the matter is currently before the courts." He felt anxious. In a recent meeting with the Chief Ministers of both states about the border issue, Union Home Minister Amit Shah said that a six-member ministerial panel will preside over the negotiations.

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ANIL DESHMUKH, FORMER MAHARASHTRA HOME MINISTER, EXITS A MUMBAI JAIL FOLLOWING HIS RELEASE ON BAIL IN A MONEY LAUNDERING CASE

Anil Deshmukh, a former home minister for Maharashtra and NCP leader, was freed from Mumbai's Arthur Road prison on Wednesday.

After the necessary paperwork was filed and sureties were provided, he was released.

His attorney, Aniket Nikam, stated that the CBI had submitted a new appeal for an extension of the stay on the judgment giving him bail yesterday.

"A further appeal was filed yesterday on behalf of CBI, requesting an extension of the stay order. The High Court rejected the request "Nikam said.

Deshmukh is required to comply with the investigation and cannot leave Mumbai's jurisdiction without first receiving permission from the trial court, according to the terms set down by the court.

The Bombay High Court granted Anil Deshmukh conditional bail on December 12 in exchange for a one lakh bond, but the CBI afterward requested a stay order so that they may appeal the decision to the Supreme Court, which the Bombay HC granted. A 10-day stay was granted, and it was then extended until December 27. Tuesday, the Bombay High Court dismissed the request for a further extension of days.

The NCP leader was the target of a corruption investigation by the CBI.

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ANURAG THAKUR, A UNION MINISTER, UNVEILS THE 2023 CALENDAR FOR THE GOVERNMENT

 

Anurag Thakur, the Union Minister for Information and Broadcasting, announced that the government will distribute 1.1 million copies of the calendar with the subject "New Year, New Resolution."

Anurag Thakur, the union minister for information and broadcasting, unveiled the government's 2023 calendar on Wednesday, saying it was more than simply a collection of images but also a reminder of the government's past successes and its future objectives.

The government's accomplishments and its plans for the future are highlighted in the calendar. The calendar will specify the responsibilities of each citizen in order for India to prosper, and we should be proud of our rich cultural past. At a ceremony for the calendar's launch, Thakur stated, "At the same time, we need be free from the idea of slavery. Every month, the calendar will highlight a different area, from farmer welfare to education, Skill India, and Fit India.

This marks the return of the government to physical calendar publication after a two-year hiatus. The calendar with the topic "New Year, New Resolution" will be printed and distributed by the government to all government offices nationwide, all the way down to the panchayat. He said that a digital version of the 2023 calendar would still be offered.

It will serve as a reminder of our obligations to this nation when we place it on our walls, Thakur added.

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THESE 49 SMARTPHONES WILL NO LONGER SUPPORT WHATSAPP AS OF DECEMBER 31st SEE COMPLETE LIST

Starting on December 31, WhatsApp will stop supporting as many as 49 different smartphone models. You will have to upgrade to a newer model if your smartphone is on this list in order to keep utilising the instant messaging service.

Exactly what will stop working?

On handsets made by a number of different manufacturers, such as Apple and Samsung, WhatsApp will stop functioning. This suggests that owners of such phones won't be able to receive updates from WhatsApp beyond the set date, including new features and security patches, and the service would finally stop working for them.

It should be emphasised that the majority of the listed devices are ancient and likely only utilised by a very tiny number of people. Therefore, the vast majority of smartphone owners globally should not worry about the support cancellation.

Entire list:

GizChina was the first to reveal the whole list of smartphone devices for which WhatsApp will no longer provide support.

  • Apple iPhone 5
  • Apple iPhone 5c
  • Archos 53 Platinum
  • Grand S Flex ZTE
  • Grand X Quad V987 ZTE
  • HTC Desire 500
  • Huawei Ascend D
  • Huawei Ascend D1
  • Huawei Ascend D2
  • Huawei Ascend G740
  • Huawei Ascend Mate
  • Huawei Ascend P1
  • Quad XL
  • Lenovo A820
  • LG Enact
  • LG Lucid 2
  • LG Optimus 4X HD
  • LG Optimus F3
  • LG Optimus F3Q
  • LG Optimus F5
  • LG Optimus F6
  • LG Optimus F7
  • LG Optimus L2 II
  • LG Optimus L3 II
  • LG Optimus L3 II Dual
  • LG Optimus L4 II
  • LG Optimus L4 II Dual
  • LG Optimus L5
  • LG Optimus L5 Dual
  • LG Optimus L5 II
  • LG Optimus L7
  • LG Optimus L7 II
  • LG Optimus L7 II Dual
  • LG Optimus Nitro HD
  • Memo ZTE V956
  • Samsung Galaxy Ace 2
  • Samsung Galaxy Core
  • Samsung Galaxy S2
  • Samsung Galaxy S3 mini
  • Samsung Galaxy Trend II
  • Samsung Galaxy Trend Lite
  • Samsung Galaxy Xcover 2
  • Sony Xperia Arc S
  • Sony Xperia miro
  • Sony Xperia Neo L
  • Wiko Cink Five
  • Wiko Darknight ZT
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Maharashtra: BJP MLA meets with CM Shinde and calls for a law against "love jihad"

The MLA claimed that CM Shinde and deputy CM Fadnavis agreed with the demand and promised to enact severe legislation in the upcoming months.

 Nitesh Rane, a BJP lawmaker from Maharashtra, urged the state government to create a harsh law against "love jihad" on Wednesday. He met with the chief minister, Eknath Shinde, and the deputy chief minister, Devendra Fadnavis, together with a group of women, and pushed them to enact an anti-conversion law similar to those in Gujarat, Karnataka, and Madhya Pradesh.

"Organizations are conducting a large number of morchas to call for stringent legislation against love jihad. We have asked the Chief Minister Eknath Shinde and the Deputy Chief Minister Fadvanis to pass a law and an anti-conversion law similar to those in Karnataka, Gujarat, and Madhya Pradesh "ANI's news service cited Rane as saying. The CM Shinde and deputy CM Fadnavis, he continued, were both in favour of the demand and promised that a rigorous law will be passed in the upcoming months.

Fadnavis had previously stated that the state administration would examine various laws passed against forced conversions in other states. We haven't made a choice yet, but we will research the rules passed in this area by several states, he said.

Following the tragic passing of television actor Tunisha Sharma, a political discussion has erupted. According to BJP politician and minister from Maharashtra Girish Mahajan, Sharma's death was the result of "love jihad," and the Shinde-led state government is considering enacting harsh legislation to stop it. Atul Bhatkhalkar, a BJP lawmaker, urged a "love jihad" investigation into the matter on Wednesday. Saket Gokhale, a spokesperson for the Trinamool Congress, attacked the BJP for the statements made by its leaders. The actor's death, according to him, is being used by the right-wing party for their "own nasty political goal."

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HARYANA'S SPORTS MINISTER HAS BEEN CHARGED WITH SEXUAL ASSAULT

When she visited the state's sports minister Sandeep Singh's official residence in Chandigarh, a female junior athletics coach in Haryana claimed he had engaged in sexual misconduct.

The Chandigarh police have charged Sandeep Singh, the sports minister for Haryana, with sexually abusing a female junior athletics coach after hearing her allegation.

A case was reportedly filed on Saturday at the Sector 26 police station under the Indian Penal Code (IPC) sections 354 (Assault or criminal force to a woman with intent to insult her modesty), 354A (sexual harassment), 354B (Assault or use of criminal force to a woman with intent to disrobe), 342 (wrongful imprisonment), and 506 (criminal intimidation).

A former hockey captain and Bharatiya Janata Party (BJP) MLA from Pehowa in Kurukshetra, Singh, was accused of sexual misconduct by a female coach on Thursday while she was at his Chandigarh residence's official address.

On Friday, the woman paid a visit to the Chandigarh police department's main office. She spoke with the senior superintendent of police Manisha Choudhary and the superintendent of police (SP city), Shruti Arora.

However, the minister rejected the accusation as unfounded and demanded an impartial investigation.

In September, the woman hired as a junior coach stated that she had "complete faith in the Chandigarh police" and had been promised a fair investigation. The woman was selected for the government's excellent sportsperson programme and competed in the Rio Olympics.

 

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AHEAD OF THE HC HEARING, RAJASTHAN CONGRESS MLAS START WITHDRAWING THEIR RESIGNATIONS

Two days before the scheduled court hearing on Monday on a petition alleging inaction on the topic, the Jaipur Rajasthan MLAs loyal to chief minister Ashok Gehlot, who resigned in bulk in September of this year, started withholding their resignations on Saturday.

On September 25, 2017, 91 Congress legislators handed in their resignation letters to the assembly speaker in opposition to any plans to instal Sachin Pilot, a former state deputy, as Rajasthan's chief minister.

A senior Congressman with knowledge of the issue said, "It was decided to withdraw the resignations to avoid any court action in the subject. Additionally, the circumstances surrounding the resignations' submission have become irrelevant.

On December 6, the Rajasthan high court sent CP Joshi, speaker of the state assembly, with a notice regarding public interest litigation (PIL) Rajendra Rathore had filed, citing his lack of action in considering the resignations of 91 Congress MLAs who had presented themselves to him. Joshi was given three weeks by the court to provide a reply.

The high court will hear the matter involving the collective resignation on January 2 after serving notice to the speaker.

Mahesh Joshi, the chief whip for the party, stated, "I have heard that MLAs are withdrawing resignations; this is between the MLAs and the speaker."

He continued, "If everyone is withdrawing (their resignation), then I am also one of them."

His comments come as the Congress government is getting ready to unveil its fifth budget; the assembly session is anticipated to begin on January 23.

According to Mahesh, CM Gehlot would present the state budget at the upcoming assembly session in accordance with public expectations.

Nagraj Meena, a Dhariyawad MLA, resigned and then retracted, saying, "I resigned and withdrew voluntarily."

"Elections are almost here," he declared in response to rumours that the state will shift guard. Why is it necessary to alter the CM? Every MLA is with the CM.

According to Dr Jitendra, a former minister and MLA for Khetri, "There was no communication from the high command to withdraw the resignations, but looking at the scenario, it was decided that everyone needs to withdraw the resignations."

Jitendra praised the state's chief minister, saying, "Gehlot is doing a terrific job in Rajasthan." My 35-year political career is now over. I have never seen so much work done in the past four years than under Gehlot.

Attacking the MLAs and the speaker of the state legislature, the deputy leader of the opposition claimed that 91 MLAs delivered their resignation letters to the speaker in person along with their signatures and that in accordance with assembly procedure rule 173, the resignation had to be accepted right away.

"The fact that it takes 90 days to test the one-line resignation's required format demonstrates that those who created this resignation game were unable to defend themselves in court. On January 2, the matter is scheduled to be heard by the top court. Therefore, a carefully thought-out plan to reverse the resignations has now been carried out, he stated.

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FORMER UNION MINISTER AND JDU LEADER SHARAD YADAV PASSES AWAY AT AGE 75

Sharad Yadav, a former Union minister and head of the Janata Dal (United), or JDU, passed away Thursday at the Fortis Memorial Research Institute in Gurugram. He was 75. Subhashini Sharad Yadav, Yadav's daughter, also announced on social media, writing, "Papa nahi rahe (Papa is no more)".

His wife, son, and daughters all survive him.

Yadav was rushed to the emergency room dazed and unresponsive, according to a statement from the Fortis Memorial Research Institute.

"Shri Sharad Yadav was rushed to the emergency department of Fortis Memorial Research Institute, Gurugram, in a state of unconsciousness and incoherence. He had no pulse and no detectable blood pressure upon assessment. He received CPR according to ACLS guidelines. Despite all attempts, he was pronounced dead at 10:19 PM after being unable to be revived. We want to send his family our sincere sympathies, Fortis said.

The death of Yadav, according to Prime Minister Narendra Modi, leaves him "pained."

"Sorry to hear about Shri Sharad Yadav Ji's death. He made a name for himself as an MP and Minister over his extensive time in public life. His admiration for Dr Lohia's principles was profound. I will always value our exchanges. Greetings to his loved ones and admirers. Om Shanti" tweeted PM Modi.

Tejashwi Yadav, the deputy chief minister of Bihar, also expressed astonishment at the passing.

"I'm grieved to hear of Mandal Messiah's premature passing. He was a top RJD leader, a brilliant socialist, and a revered figure in my guardian Sharad Yadav's eyes. I'm at a loss for words. Spoke to my mother and my brother Shantanu. The whole Samajwadi family is with the family members during this time of bereavement, Yadav tweeted.

President of the Congress Mallikarjun Kharge expressed sympathy for the socialist leader's passing and claimed that he promoted the politics of quality.

The Congress added that the loss Yadav's death has caused to Indian politics could not be repaired.

In March 2020, Yadav, who had previously founded his party, Loktantrik Janata Dal, joined forces with Lalu Yadav's RJD, calling the move "the first step towards a united opposition." Angered by the Janata Dal (United decision)'s to join an alliance with the BJP again in Bihar, Yadav founded the Loktantrik Janata Dal in 2018.

He served as a union minister in several governments.

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INDIA AND THE US WILL USE THE TPF MEETING TO CONCENTRATE ON THE "BIG PICTURE" OF THEIR ECONOMIC RELATIONS

Washington: According to Union Minister for Industry and Commerce Piyush Goyal, the US and India have resolved to use the Trade Policy Forum (TPF) ministerial meetings to concentrate on the overall trade relationship rather than get bogged down by squabbling over specifics of market access.

Deepening ties in semiconductor manufacture and defence production are now a major focus of the relationship. Goyal made the apparent reference to China when he added that India, unlike other nations, "does not steal technology." An India-US FTA was not a topic of discussion, he continued, due to the political decision made by the US not to negotiate any free trade agreements with any nations.

In response to a question from HT about whether the TPF achievements had been incremental and thus disappointing, even though the goal and substance of the discussions were encouraging, Goyal stated that the two countries now envisioned the forum in a different framework.

Market access concerns are not addressed in the TPF's elaboration. I and Katherine Tai, the US Trade Representative, agreed that we should let the officials focus on and continually develop those details," Goyal added.

The mini-trade deal that was formerly contemplated between the two countries or in earlier conversations had the terms "one is to one, we will open table grapes for you, you open mangoes for me...level of the discussion," he continued.

"Katherine Tai and I concluded that this is not the time or age to consider giving each other one thing and then settling differences. We both concurred that we should consider the larger picture and what is best for both nations. At the ministerial level, we established the framework within which the officials would later find day-to-day answers. We didn't think it was appropriate to state on paper, moving ahead, that I do this for mangoes, you do this for grapes, and you do this for pigs. These are matters for officials to resolve.

According to Goyal, there is ongoing work amongst several agencies and departments, and there has been progressed on many of these concerns.

We pay attention to the big picture. Respecting one another's sensibilities is important, but it shouldn't stop us from moving forward and hastening our local results. Let's leave this one-to-one ratio-based outcome behind.

Goyal compared India's credentials with others while citing semiconductor manufacturing and defence as instances of what he called the "big picture."

"We are considering considerably closer cooperation with the US on chip production. Numerous American businesses are considering the significant Indian prospect for defence production, which will make it competitive and provide a chance to access the sizable Indian market where we are supporting made-in-India items. They feel at ease doing business with India since, in contrast to other nations, we don't steal technology.

The minister stated that India respected the value of technology, permitted businesses to keep their technology, did not require technology transfer, and noted that while India allowed 74% ownership in the automatic route for the production of defence goods, it even permitted 100% ownership on a case-by-case basis in a timely manner. "

Our focus during our talks with Tai and Gina Raimondo, the secretary of commerce, has been on the broader picture. In light of this, I would disagree that it is more about intent than actual results. This time, I believe there will be a more substantive result than there was before since we have established the guidelines upon which this engagement may proceed quickly.

Goyal said in response to a different question on the fate of a small trade pact that was discussed with the previous Trump administration that it was "too little" to warrant much work on both sides. The majority of these difficulties have even been forgotten, and we now have much higher goals for our trade with the US.

The minister emphasised that although the US has not looked at any free trade agreements with any countries "as a matter of their political agenda," India has recently inked a number of such agreements. Therefore, that is not an option. Small, insignificant trade deals are no longer important because we are concentrating on expanding market access and making it easier to conduct business.

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GOVERNMENT AIMS TO PASS LEGISLATION TO STOP THE MONOPOLISTIC ACTIONS OF LARGE TECHNOLOGY COMPANIES

 

Delhi, India According to two sources, the government is mulling a proposal to draught regulations that would enable regulators to thwart the anti-competitive actions of sizable internet platforms.

According to the people, Big Tech frequently favours its own services or those of its subsidiaries on its platforms. According to the sources, who asked to remain anonymous, the European Union (EU) has implemented ex-ante regulations to prevent such acts, and India may consider doing the same after discussing with all parties.

One of them, who had firsthand knowledge of the situation, stated, "Like Europe, we may also have the Digital Markets Function (DMA), which will prevent anticompetitive behaviour by powerful web platforms which act as digital gatekeepers. He stated that such ex-ante regulation has also been proposed by the parliamentary standing committee on finance and the Competition Commission of India (CCI).

DMA was just put into effect in the EU to stop Big Tech's abusive business practices. The second official stated that "both CCI and the parliamentary panel are of the opinion that anticompetitive activities ought to be curtailed before a dominating few winds up monopolising the market."

Email inquiries went unanswered by the Ministry of Corporate Affairs (MCA), CCI, and the Indian branches of Google, Amazon, and Flipkart.

In digital markets, certain significant online platforms serve as 'gatekeepers. According to the European Commission, the Digital Markets Act "aims to ensure that these platforms behave in a fair manner online. According to the statement, failure to comply might result in fines of up to 10% of the company's annual global turnover or up to 20% in the case of persistent violations.

An executive from a large technology company claimed, under the condition of anonymity, that the Indian digital market has not yet reached maturity and that legislation along the lines of the DMA would stifle innovation. Expert opinions are divided, though.

In many jurisdictions throughout the world, ex-ante legislation for digital markets is being proposed and debated. According to Sanjay Sen, a senior attorney with the Indian Supreme Court, "what is being recommended presently in India is to build up or establish norms of conduct to ensure that users of significant digital platforms are treated fairly and are not exposed to anti-competitive behaviour." While there is no doubt that this will be advantageous in the long run, he noted, it is crucial that the rules be unmistakable and explicit.

Sen claims that CCI needs more authority to control the digital economy. "The competition law is not very effective in the digital arena in its current form. Large digital platforms may engage in self-preferencing, unauthorised use of market users' data, bundling of services, and other practices that are unfair to some smaller market users who may lack access to effective redress.

Considering the magnitude of the digital market now and it's potential for future expansion, he continued, "I consider it as a positive. Ex ante regulations, in my opinion, are better suited to handle a world of rapidly advancing technology and innovations brought by sizable platforms.

Anisha Chand, a partner at Khaitan & Co, stated that since it is still early, having an ex-ante framework in India may need to be reconsidered. "India is a fertile country that creates a lot of startups and unicorns. Ex-ante legislation with a high compliance burden runs the danger of stifling innovation and investment. The best course of action could be to first consult a larger group of stakeholders and then learn from other jurisdictions' experiences with similar laws that have already been implemented.

According to GR Bhatia, Partner at Luthra and Luthra Law Offices India, preventive regulation is standard practice across the board. There is a case for reforming CCI by creating a specialised "Digital Markets unit," as well as for passing a Digital Competition Act (comparable to the Digital Markets Act in the European Union).

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