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Week 18 February

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Week 18 February The ta w b! Weekly News Page Feb 6th - Feb 13th G.K snippets… Law, Policy and Governance Daily snippets 1. Munawar Faruqui gets ad interim bail - The Supreme Court granted ad interim bail to comedian Munawar Faruqui in a case registered against him by the Madhya Pradesh police for hurting religious sentiments. Justice Nariman said the allegations against Mr. Faruqui were vague. He noted that the police had not complied with the procedure prescribed under Section 41 of the CrPC. - The SC, in a scathing judgment in Arnesh Kumar versus State of Bihar in 2014, had warned States and their police from depriving personal liberty without following due process of law. 2. Journalists’ union wants ban lifted on reporting stir - The Delhi Union of Journalists condemned Delhi Police’s decision to prohibit reporters from meeting protesting farmers at the Singhu border. The union urged Delhi Police and the Union Home Ministry to lift the ‘ban’ on reporting farmers’ protests. 3. Regulatory code for OTT content soon - Twenty-one MPs cutting across party lines have sought an answer from the government about the content on over-the-top (OTT) platforms such as Netflix and Amazon Prime, asking whether the Centre was aware that such platforms were full of content with “sex, violence, abuse, vulgarity and disrespect to religious sentiments”. Information and Broadcasting Minister Prakash Javadekar recently said his Ministry would soon come up with a regulatory code on the content on these platforms. 4. NITI Aayog seeks to track impact of green verdicts - The NITI Aayog - the government’s apex think tank - has commissioned a study that seeks to examine the “unintended economic consequences” of judicial decisions that have hindered and stalled big ticket projects on environmental grounds. - A perusal of the document appears to suggest that judgments that negatively impact major infrastructure projects don’t adequately consider the economic fallout - in terms of loss of jobs and revenue. Doing so, it reckons, would contribute to public discourse among policymakers for promoting an “economically responsible approach by judiciary” in its decisions. 5. PM lauds the judiciary for safeguarding people’s rights - Prime Minister Narendra Modi lauded the judiciary for safeguarding people’s rights and personal liberty even during the most challenging times and prioritising national interests whenever the occasion demanded. - Releasing a postage stamp to mark the diamond jubilee of the Gujarat High Court, Mr. Modi said the Supreme Court had conducted the highest number of hearings via videoconference in the world during the pandemic. 6. Government regulations and tech platforms - The Centre has issued notice to Twitter after the micro blogging site restored more than 250 accounts that had been suspended earlier on the government’s ‘legal demand’. The government wants the platform to comply with its earlier order of January 31 by which it was asked to block accounts and a controversial hashtag that spoke of an impending ‘genocide’ of farmers for allegedly promoting misinformation about the protests, adversely affecting public order. - Twitter reinstated the accounts and tweets on its own and later refused to go back on the decision, contending that it found no violation of its policy. In India, the Information Technology Act, 2000, as amended from time to time, governs all activities related to the use of computer resources. It covers all ‘intermediaries’ who play a role in the use of computer resources and electronic records. - Intermediaries are required to preserve and retain specified information in a manner and format prescribed by the Centre for a specified duration. Contravention of this provision may attract a prison term that may go up to three years, besides a fine. - In Shreya Singhal vs U.O.I (2015), the Supreme Court read down the provision to mean that the intermediaries ought to act only “upon receiving actual knowledge that a court order has been passed, asking [them] to expeditiously remove or disable access to certain material”. 7. Access to mental health helplines - Seventy per cent of callers to a mental health rehabilitation helpline launched, in September 2020 by the Social Justice and Empowerment (SJE) Ministry, were men according to an internal report of the Ministry accessed by The Hindu. About 32% of those who reached out were students. - The ‘Kiran’ service was set up by the Social Justice and Empowerment Ministry. The 24/7 helpline offers early screening, psychological first aid, psychological support, distress management, mental well being, psychological crisis management services and referrals to mental health experts and is operated by 81 front line professionals, apart from volunteer psychiatrists, clinical and rehabilitation psychologists. 8. New labour codes to allow four-day work week - The new labour codes set to be implemented soon would provide companies the flexibility of reducing the number of working days to four days a week and provide free medical check-ups to workers through the Employees State Insurance Corporation. According to a ministry briefing, the concerns about the working hours going up from 10.5 hours to 12 hours, with one hour of rest, which arose during consultations had been addressed. - Under the Occupational Safety, Health and Working Conditions Code, 2020 draft rules, the limit of working hours for a week was 48 hours. 9. HC dismisses Navlakha’s plea challenging rejection of bail - The Bombay High Court dismissed the appeal filed by scholar, civil rights activist, and journalist Gautam Navlakha from the Taloja Central Jail challenging the rejection of his statutory bail by the special National Investigation Agency (NIA) court on July 12 in the Bhima- Koregaon violence case. A Division Bench of Justices S.S. Shinde and M.S. Karnik was hearing the appeal filed through senior advocate Kapil Sibal on September 9. 10. Twitter asked to remove 1,178 accounts - The Union government has asked Twitter to remove nearly 1,200 accounts related to farmers’ protest that it suspects to be linked to Khalistan sympathisers or backed by Pakistan. The decision comes amid a tussle between the government and the micro-blogging platform over the latter’s move to restore nearly 250 accounts which the Centre previously wanted removed over the usage of content related to “farmer genocide”. 11. Punjabi actor- activist Deep Sidhu arrested over Red Fort vandalism - Punjabi actor activist Deep Sidhu, who was wanted in the Red Fort violence case, was arrested by the Delhi police. He was later produced in court and remanded in police custody for seven days. The police said Mr. Sidhu had instigated the mob to breach barricades with tractors and deviate from the approved tractor rally route. 12. Army raises a specialist unit to ‘sniff out’ COVID- 19 - Casper and Jaya have been deployed in Chandigarh and Delhi to screen samples and detect COVID -19 among soldiers posted to forward areas of the Northern Command. They are the first two canines trained to detect COVID 19 cases from sweat and urine samples. - Samples identified as positive by the dogs are confirmed through the RT PCR test. A dog can screen approximately 100 samples in an hour with a rest period of five minutes after every 15 minutes. 13. Rajya Sabha passes Bill extending protection to illegal constructions - The Rajya Sabha passed the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2021, which extended the protections from punitive action for certain kinds of unauthorised constructions by three years. Legislation replaces ordinance promulgated by the Centre in December last year 14. Centre objects to plea against Special Marriage Act - The Centre has objected to a petition seeking to discontinue with the provision of inviting objection from the public while applying for marriage registration under the Special Marriage Act (SMA). In an affidavit filed before the Delhi High Court, the Ministry of Law and Justice said that the intention behind the provision in SMA was to “keep adequate safe-guards to the interest of various parties involved”. - The provision was challenged by an interfaith couple on the ground that the 30 days gestation period was not warranted as the same objective can be mitigated on the basis of certificates issued by government hospitals and on the basis of undertaking by them. 15. SC stays curbs on activist Rehana - The Supreme Court stayed a blanket ban imposed by the Kerala High Court on activist Rehana Fathima using any kind of media to express or share her views. However, a Bench led by Justice Rohinton F. Nariman retained a condition imposed by the High Court that Ms. Fathima should not use the media to hurt religious feelings. - The December 2018 and November 2020 orders of the High Court concerned bail granted to Ms. Fathima in a case of committing “deliberate and malicious acts” to hurt religious feelings under Section 295A of the Indian Penal Code. 16. POCSO doesn’t brook dilution - The Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012 especially to protect children (aged less than 18) from sexual assault. - The difference between POCSO and IPC, as far as the offence of sexual assault is concerned, is two fold - First, the definition of ‘assault or criminal force to woman with intent to outrage her modesty’ given in the IPC is generic whereas in POCSO, the acts of sexual assault are explicitly mentioned such as touching various private parts or doing any other act which involves physical contact without penetration. Two, whereas the IPC provides punishment for the offence irrespective of any age of the victim, POCSO is specific for the protection of children. - The essence of a woman’s modesty is her sex and the culpable intention of the accused is the crux of the matter in the cases of sexual assault.
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