SC Collegium Firm on appointing gay lawyer as HC judge
Summary:
India's Supreme Court Collegium has stood by its decision to appoint openly gay lawyer Saurabh Kirpal as a judge in the Delhi High Court. The government had previously raised objections to Kirpal's appointment based on his sexuality and his advocacy for LGBTQ+ rights. The Collegium referred to letters from the Research and Analysis Wing (RAW) forwarded by the government, which frowned upon Kirpal's partner being a Swiss national, that they have an “intimate relationship” and the lawyer is “open about his sexual orientation”. The Collegium stated that the R&AW did not consider the individual conduct of either Kirpal or his partner as having “any bearing on national security”.
LGBTQ+ stands for lesbian, gay, bisexual, transgender, queer or questioning, and other related identities. It is an inclusive term that is used to refer to the diverse community of individuals who identify as any of these identities or have any non-heteronormative sexual orientations or gender identities. The term is often used to recognize and celebrate the diversity of the LGBTQ+ community and to advocate for their rights and acceptance. The LGBTQ+ community has faced discrimination and marginalization throughout history, and there is ongoing activism to ensure that LGBTQ+ individuals have the same rights and protections as their cisgender and heterosexual counterparts.
Research and Analysis Wing (RAW) is India's primary foreign intelligence agency. It is responsible for gathering, analyzing and disseminating intelligence related to national security and foreign affairs. It operates independently of the intelligence agency of the Indian military, the Intelligence Bureau (IB). RAW was established in 1968, following the India-China war of 1962, to strengthen India's intelligence gathering capability. RAW's main focus areas include counter-terrorism, counter-proliferation, and the gathering of intelligence on other countries, particularly those in the immediate neighborhood. The agency is also tasked with protecting Indian interests abroad and also to neutralize external threats to India. It is also responsible for the protection of Indian citizens abroad and also for providing intelligence for Indian peacekeeping operations.
Out to inspect women’s safety, DCW chief molested and dragged by car; man held
Summary:
The chief of the Delhi Commission for Women (DCW), Swati Maliwal, was allegedly molested and dragged by a drunk man in a car early Thursday morning near AIIMS in south Delhi while inspecting the state of women’s safety in the city at night. The police received a call from a patrol van opposite AIIMS gate no. 2 regarding the incident at 3.11 a.m. on Thursday. The police intercepted the car at 3.34 a.m. and arrested the driver, Harish Chandra, who was found to be in an inebriated state upon medical examination and sent to 14-day judicial custody. Delhi Chief Minister Arvind Kejriwal attacked Lieutenant-Governor Vinai Kumar Saxena over the incident, while the National Commission for Women chairperson wrote to the Delhi Police Commissioner seeking an action-taken report in two days..
3 students held for stabbing Delhi govt. school teacher
Summary:
Three students, including two minors, allegedly stabbed their physical education teacher on Thursday at a government school in West Delhi's Inderpuri, the police said. The main accused, an 18-year-old, along with two others, has been apprehended. The teacher suffered stab wounds on his stomach and is undergoing treatment at BLK Hospital, Rajendra Place. His condition is stable now. The weapon of crime, a knife, was also recovered from the 18-year-old student's possession. The students were angry with their teacher as he used to admonish them for not wearing the school uniform properly. The incident has raised concerns about security in government schools, and calls for strict action to be taken against the zone officers when something goes wrong in their area.
NGOs flag ‘generalised surveillance’ by Centre
Summary:
The Centre for Public Interest Litigation (CPIL) and the Software Freedom Law Centre (SFLC) have raised concerns about "generalized surveillance" of Indian citizens by the Centre in an ongoing case before the Delhi High Court. Advocates for the non-profits argued that the Internet Service Providers Association of India (ISPAI) had said that the government had ordered them to provide all traffic information to the Centralized Monitoring System (CMS). They argued that this submission indicated that the law enforcement agencies' access to real-time communications was far wider than previously disclosed and that this meant that all private communications, emails, and phone calls would be piped into the CMS. The government has insisted that the systems are used with safeguards and due process. The High Court has asked the Centre to file its response within six weeks.
Man arrested for raping 13-year-old
Summary:
A 13-year-old girl was allegedly raped and impregnated by a man in Samaypur Badli, outer Delhi, the police said. The accused, identified as Sujeet, 23, has been arrested. The victim reported that the accused gave her something to eat to try to abort her pregnancy. The victim is in the hospital and is out of danger. A case has been registered under various sections of the Indian Penal Code, including Section 370 (rape) and the POCSO (Protection of Children from Sexual Offences) Act.
The Protection of Children from Sexual Offences (POCSO) Act is a law in India that was enacted in 2012 to protect children from sexual abuse and exploitation. The Act defines a child as any person below the age of 18 years. The POCSO Act defines different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment, and pornography involving a child. The Act also provides for the establishment of special courts and the appointment of special public prosecutors to ensure the speedy trial of cases under the Act.
The Act also provides for the protection of the child during the trial, including measures such as in-camera proceedings, the use of screens or video conferencing to prevent the child from coming face-to-face with the accused, and the use of child-friendly procedures for recording evidence. It also provides for the rehabilitation of the child, including the provision of counseling and other support services.
The POCSO Act is considered as one of the most comprehensive legislation to protect children from sexual abuse and exploitation in India. It also has a provision of mandatory reporting of child sexual abuse. It is considered as a stringent law and violation of the Act can lead to severe punishment.
Nadda, Mamata spar over corruption, Central funds
Summary:
Bharatiya Janata Party (BJP) President JP Nadda has accused the Trinamool Congress government in West Bengal of corruption in the implementation of welfare schemes. Nadda stated that the government is indulging in “stealing followed by boastful chest-thumping” and that there has been corruption in the implementation of the Pradhan Mantri Awas Yojana, the construction of toilets, and the rural employment guarantee scheme. He also accused the government of being dishonest and said that the only way to stop corruption and put its leaders behind bars is to vote for the BJP in the Panchayat and Lok Sabha elections. On the other hand, Chief Minister of West Bengal, Mamata Banerjee, accused the Centre of denying rightful dues to the state and said that the BJP is trying to create division among the people.
HC nullifies Odisha State "lm awards on grounds of plagiarism
Summary:
The Orissa High Court has directed that the 31st Odisha State Film Awards, 2019, be announced afresh in one month as the previously selected Odia films were found “heavily copied” from those in other languages. Bobby Islam, a filmmaker, had moved the Orissa High Court alleging that many of the films that featured in the final selection list for the 31st Odisha State Film Awards, 2019, were remakes of some films made in other languages, which should not have qualified for the awards in the first place. The court stated that the two films (Khusi and Golmal Love) should not be considered for any award.
EDITORIAL
Judging a decade of the POCSO Act
Summary:
The Protection of Children from Sexual Offences (POCSO) Act, 2012, which was enacted to address the sexual exploitation and abuse of children, has had some positive effects, such as raising general awareness of the issue and making non-reporting a specific offense under the act. However, there are still issues with the implementation of the law, such as a lack of female police officers to record statements and a lack of proper infrastructure to ensure the integrity of electronic evidence. Additionally, the conviction rate under POCSO remains low and there is ongoing debate about the age of consent being lowered from 18 years to 16 years, which has been rejected by the government.
Will take a decision on plea on Ram Setu soon, Centre tells SC
Summary:
The Supreme Court of India has recorded that the government is in the process of considering the question of declaring the Ram Setu a “national monument”. The court allowed petitioner, former Rajya Sabha member Subramanian Swamy, to present additional material on the issue before the Ministry of Culture and asked the government to apprise the court once the process was over. The government stated recently in Parliament that satellite imagery cannot provide “direct information” about the origin and age of the structure in the Ram Setu region.
National Export Cooperative Society to trade nano fertilizers, dairy products in 3 months
Summary:
The Union Cabinet has approved the formation of the first-ever National Export Cooperative Society, which will be promoted by Indian Farmers Fertilizer Cooperative, Krishak Bharati Cooperative, National Agricultural Cooperative Marketing Federation of India, Gujarat Cooperative Milk Marketing Federation, and National Cooperative Development Corporation. These companies will each contribute INR100 crore ($13.7m) to the society, which will have an authorized share capital of INR2,000 crore. The society aims to enhance exports of products such as nano fertilizers from IFFCO and dairy products from Amul, and will provide end-to-end services to cooperatives such as opening foreign bank accounts and obtaining necessary permissions for exporting products.
IFFCO (Indian Farmers Fertilizer Cooperative Limited) is an Indian multinational fertiliser cooperative federation. It is a multi-state cooperative society, headquartered in New Delhi, India. It was founded in 1967 and is the largest fertilizer cooperative in the world. The federation is made up of 37 member cooperatives, including state-level primary agriculture cooperatives, which are owned by over five million farmers across India. IFFCO operates in the production, distribution, and marketing of fertilizers, and also in rural electrification, insurance, and information technology. The main products of the federation are fertilizers such as Urea, Complex fertilizers, Bio-fertilizers, and also it exports Nano fertilizers.
Jaipur Literature Festival opens with Nobel winner Gurnah’s keynote address
Summary:
The 16th edition of the Jaipur Literature Festival is being held completely in-person for the first time since the COVID-19 outbreak. The festival features sessions on 21 Indian and 14 international languages across five venues. It features 350 participants speaking on subjects including climate justice, the female voice, crime fiction, memoir, translation, poetry, economics, tech morality, Artificial Intelligence, the Russia-Ukraine conflict, the violence unleashed by the British Empire, Partition, geopolitics and art. The event will host sessions by prominent figures such as Abdulrazak Gurnah, Geetanjali Shree, Shehan Karunatilaka, Tanuj Solanki, Ashok Ferry, Ashwin Sanghi, Avinuo Kire, Bernadine Evaristo, Chigozie Obioma, Daisy Rockwell, Deepti Naval, Christopher Kloeble, Alex von Tunzelmann, B.N. Goswami, Gulzar, Javed Akhtar, Ruth Ozeki, Katherine Rundell, and Marlon James.
SC backs right to free speech of 2 lawyers up for judgeship
Summary:
The Supreme Court Collegium has backed the right to free speech of two lawyers recommended for appointments as judges in the Madras and Bombay High Courts. The collegium, which is made up of the Chief Justice of India and other justices, stated that "all citizens have the right to free speech and expression under Article 19(1)(a) of the Constitution" and that "expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit, and integrity". The Collegium refused to drop the name of advocate R. John Sathyan for the Madras High Court after an Intelligence Bureau report was sent to the government stating that he had shared a web portal's article critical of Prime Minister Narendra Modi
SC rejects Google’s plea against NCLAT order in Android case
Summary:
The Supreme Court of India on Thursday upheld a National Company Law Appellate Tribunal (NCLAT) order, which denied Google an interim relief against a penalty of INR 1,337.76 crore ($182 million) for "abuse of dominance" in the Android ecosystem. The court has, however, given Google three months to appeal the Competition Commission of India (CCI) order, and asked NCLAT to decide the case by March 31, 2023. The court also granted Google a week to comply with the CCI's directives.
The National Company Law Appellate Tribunal (NCLAT) is a judicial body in India that hears appeals against orders and decisions made by the National Company Law Tribunal (NCLT) in relation to corporate law matters. It is also responsible for hearing appeals against certain types of orders and decisions made by the Competition Commission of India (CCI) in relation to competition law matters. The NCLAT is established under the Companies Act, 2013 and is empowered to hear appeals against NCLT orders and decisions on issues such as mergers and acquisitions, winding up of companies, and corporate insolvency. The NCLAT is also responsible for hearing appeals from companies, individuals, or other parties that are dissatisfied with the CCI's decisions or orders.