HC: Protect interfaith couple facing serious threat from relatives

HC: Protect interfaith couple facing serious threat from relatives

TIMES NEWS NETWORK

New Delhi:17.12.2021

Delhi High Court has ordered Delhi Police to protect an interfaith couple, who recently got married and claimed a serious threat from the family members.

Justice CD Singh on Wednesday issued notice to the family members of the petitioner woman and other respondents in the matter, while also making it clear that if any lapse occurs in the security/protection of the couple, the ACP of Ashok Vihar and the SHO, Keshav Puram police station, will be liable.

The cops sought time to file the status report in the matter and assured the bench that requisite protection shall be provided to the petitioners.

Advocate DK Santoshi, counsel for the petitioners, submitted that the couple had a love affair and got married at Arya Samaj Mandir, Delhi as per Hindu rites and ceremonies. He further submitted that since this is an inter-religious marriage, there are serious threats to the life and liberty of the petitioners from the family members of the woman’s side.

The plea submitted that on December 11, 2021, a family member of the girl thrashed the petitioner severely. The counsel also informed the court that the girl is educated and is 26 years old, and has also completed her graduation. The high school certificate confirms her date of birth and she is an adult who has taken the decision in sound mind. The boy is 24 years old.

As per the plea, it sought the court’s intervention to direct Delhi Police to protect the life and liberty of the petitioners from family members. According to an article of the Universal Declaration of Human Rights, men and women who have attained the age of majority have the right to marry “without any limitation due to race, nationality or religion”, the plea contended, arguing that the couple needs immediate protection.

Jamia student alleges rape in early Dec, accused arrested

Jamia student alleges rape in early Dec, accused arrested

New Delhi: 17.12.2021

A student from Jamia Millia Islamia has alleged that she was sexually assaulted by her friend. Police have arrested the accused. According to police, the victim is a graduate student and both the accused and the victim were known to each other. “They became friends two years ago,” an officer said. However, the accused was a resident of Jamia and not a student, the officer added.A probe has been initiated to find out whether the girl was given a cold drink laced with sedatives before she was assaulted. The incident happened earlier this December. TNN

Services at public hospitals may be hit as resident docs to go back on strike

Services at public hospitals may be hit as resident docs to go back on strike

TIMES NEWS NETWORK

New Delhi:  17.12.2021

Patient services at Delhi’s leading public hospitals, including Safdarjung, Ram Manohar Lohia, and Lok Nayak, are likely to be seriously affected on Friday. This is because the resident doctors, who are the backbone of healthcare services in these medical institutions, have decided to withdraw from all services, including elective surgeries and trauma care, to protest the delay in NEET-PG counselling.

Only the faculty members, senior doctors, will be available to man the OPDs and other critical services at the hospitals.

“We do not want to inconvenience patients. That’s why we suspended our protest for a week and requested the government to take necessary action to expedite NEET-PG. But nothing has been done so far and, therefore, we are forced to take this step,” the resident doctors said.

On Wednesday, the Federation of Resident Doctors’ Association of India had written to union health minister Mansukh Mandaviya to inform him about their planned agitation.

“With the threat of a third wave of Covid-19 pandemic looming large, the best the authorities could have done was to expedite the counselling and subsequent admission process. Instead, there is inaction and a lack of urgency in the matter. Hence, as informed earlier, resident doctors are left with no choice, but to go for withdrawal from all services in healthcare institutions from December 17 onwards,” FORDA said.

Resident doctors have been protesting since last month over the issue of delay in NEET-PG counselling.

They claim healthcare institutions across the country were running short of an adequate workforce of resident doctors, with no admission in the current academic year yet. “With the possibility of future Covid-19 pandemic waves looming large, the situation will be disastrous for the healthcare sector with its bearing on the country’s population,” the doctors say.

HC judge who gave ‘skin to skin’ order to go back to district court

HC judge who gave ‘skin to skin’ order to go back to district court

New Delhi:  17.12.2021

The SC has taken the tough decision of refusing to continue Justice Pushpa V Ganediwala, who stirred a controversy in January this year with her back-to-back judgments taking what was seen as a warped and insensitive view of sexual crimes against children, as an additional judge of the Bombay high court, reports Dhananjay Mahapatra.

Now, with the collegium headed by CJI Ramana remitting her case back to the Bombay HC, Justice Ganediwala faces the prospect of being sent back as district judge.

No extension for HC judge who gave skin-to-skin order

The collegium comprising Chief Justice N V Ramana and Justices U U Lalit and A M Khanwilkar decided not to grant further extension of the tenure.

Her two controversial judgments, including one that held skin-to-skin contact is must for constituting a sexual offence, had forced the earlier collegium headed by then CJI S A Bobde to withdraw its January 20 recommendation to the government to appoint her as a permanent judge of the HC.

It then had recommended to the Centre to grant her a two-year extension as additional judge. However, the government disagreed and granted her a one-year extension, which will end on February 12, 2022.

On January 16, 2019, the collegium headed by then CJI Ranjan Gogoi and comprising Justices A K Sikri and Bobde had recommended her appointment as an additional judge of the HC.

At the time of initial consideration of the Bombay HC collegium’s proposal to appoint her as additional judge, the consultee judges in the SC — Justices A M Khanwilkar and D Y Chandrachud (both having Bombay as parent HC) — had conveyed their serious objections.

Nonetheless, the SC collegium approved the HC proposal and she was appointed as additional judge on February 13, 2019. Her profile in the Bombay HC website says: "She was meritorious throughout her educational career and awarded gold medals in BCom, LLB and LLM examinations". She was appointed as a district judge in 2007.

Justices Khanwilkar and Chandrachud had again registered their objections with the collegium prior to its January 19, 2021 decision recommending her appointment as a permanent judge. After the unsavoury developments, when the issue of deciding the fate of Justice Ganediwala was taken up by the present collegium this week, Justices Khanwilkar (now part of the three-member collegium for appointment of HC judges) and Justice Chandrachud opposed grant of further extension to her.

Omicron +ve had sore throat, body ache, but didn’t lose smell

Omicron +ve had sore throat, body ache, but didn’t lose smell

Most Treated With Basic Pain, Fever Medicines

Sumitra.DebRoy@timesgroup.com

Mumbai: 17.12.2021

Slightly itchy throat, fatigue, body ache and mild fever were some of the main symptoms experienced by the patients treated at the Seven-Hills Hospital for the Omicron variant. The Andheri hospital, dedicated to cases of the new variant, has handled 14 patients till now. Thirteen have been discharged.

Of the 14 cases, eight were asymptomatic. “Among those with symptoms, most complained of sore throat, tiredness and body ache,” said one of the treating doctors, adding there was no disease progression in any. The HRCT scans of all the patients remained practically unchanged, meaning there was no lung involvement. Most could be treated with basic fever and pain medication such as paracetamol, while asymptomatic patients were given multivitamins.

In Maharashtra, 32 Omicron cases have been reported. Dr Pradeep Awate, state surveillance officer, said 50% didn’t have any symptom. The rest had mild fever on Day 1, runny nose, and fever with cough. Interestingly, anosmia or loss of smell was not seen in any of the Omicron patients, said Awate. Of the 32 infected, 25 (78%) were vaccinated. The two unvaccinated didn’t see any major symptoms either.

14 new Omicron cases take India tally to 87

India reported 14 fresh Omicron cases on Thursday, taking the tally of patients contracting the highly infections variant in the country to 87. While Karnataka reported five new cases, Delhi and Telangana recorded four each and Gujarat one.

The tally in Karnataka rose to eight with five new cases. While three of them have international travel history, the other two returned from Delhi, leading to concerns of community spread of the variant in India. Delhi’s Omicron count touched 10 with four new cases. However, five of them have been discharged after recovering from the infection. TNN

Aadhaar linking to help voters: UIDAI ex-chief

Aadhaar linking to help voters: UIDAI ex-chief

TIMES NEWS NETWORK

New Delhi:17.12.2021

The option of linking Voters’ ID with Aadhaar is a path-breaking reform that will enhance transparency as well as convenience in the election process, making change of address and verification simpler and faster.

Enabling easier change of address will allow people to register in a new location and participate in elections while also weeding out multiple registrations, said former UIDAI chief and former finance secretary Ajay Bhushan Pandey.

“Even though the linking is voluntary, I am sure that given the sheer convenience, more and more voters will opt for linkage of Aadhaar with their voter Icards and take advantage of the facility. Just like people today voluntarily offer their Aadhaar for opening bank accounts, mobile phone connection and vaccination,” Pandey told TOI.

The linking option will be a global first as no other country has such a data base of biometric identities. There are provisions in the Aadhaar Act and the EC system to maintain the integrity, security and privacy of the data. Since the verification is controlled by the Aadhaar system, the security will be higher as so far there is no breach of data held in UIDAI servers.

As of now, when a person moves locations, the process of registering as a voter needed either a paperbased application or scanning which could become time- consuming.

Mention of penetration must to attract rape charge: HC

Mention of penetration must to attract rape charge: HC

Kochi: 17.12.2021

A vague statement by a woman alleging that a man “hugged and impregnated” her is not enough to convict him for rape, said the Kerala high court. The woman’s testimony should state about penetrative, nonconsensual sexual act is required, the court said on Wednesday.

Justice Kauser Edappagath was considering an appeal in a 2009 case in which a man was accused of raping a woman and impregnating her on the false promise of marriage.

In the judgment, the high court said even though the woman’s testimony has great weight, even in the absence of corroboration, the prosecution has to prove penetration as it is an essential ingredient of the offence of rape. There must be proof of actual penetration or at least penile accessing, the court said.

The vague statement of the woman that “the accused hugged and impregnated me” without indication about penetration is not sufficient to attract rape, the court said. Unless the woman states in her evidence about penetrative, nonconsensual sexual act by the accused on her, the offence of rape cannot be said to be made out, the court held while setting aside the conviction. TNN

FROM THE SUPREME COURT 17.12.2021

FROM THE SUPREME COURT  17.12.2021

Dhananjay.Mahapatra@timesgroup.com

After 28 yrs, HCs to take up debt recovery cases as tribunals hit

New Delhi: After a gap of 28 years, the high courts will take up debt recovery cases for adjudication, albeit temporarily, on the request of the Supreme Court, which on Thursday found that crippling vacancies have rendered debt recovery tribunals (DRTs) and appellate tribunals (DRATs) dysfunctional severely impeding banks and financial institutions from recovering dues.

If on one hand the banks and FIs have been crying hoarse over the stalling of recovery process during the pandemic-forced lockdowns, they appeared to be on their knees because of further delay caused due to non-availability of presiding officers and members as well as support staff in DRTs and DRATs because of long pending vacancies.

“Adjudication of debt recovery cases by DRTs and DRATs are critical for the economic health of the country,” banks and FIs had said in their plea and pleaded with the SC bench of a bench of CJI N V Ramana and Justices D Y Chandrachud and L N Rao for an early solution.

Act against babus over encroachment of railway land: SC

New Delhi: The Supreme Court on Thursday directed Indian Railways, states, local bodies and their establishments to take stringent action against bureaucrats whose dereliction of duty allowed unauthorised occupation of public land.

The Railways remained the biggest sufferer of encroachment of its land, especially the shoulder areas of railway tracks which across India is seen dotted with illegal settlements, mainly because of political patronage and connivance or lethargy of estate officers in taking timely eviction measures against encroachers.

For the Railways, additional solicitor general K M Natraj promised immediate initiation of pan-India drive by railway authorities to free its land from squatters. “The Supreme Court can monitor our action and we will file periodic status reports on evicting encroachers from railway land,” he said.

A bench of Justices A M Khanwilkar, Dinesh Maheshwari and CT Ravikumar said, “Since the Railways has power to initiate criminal action against unauthorised occupants of its land, it must initiate action against those encroachers immediately after the encroachments are brought to its notice.”

Justice Maheshwari added that the Railways have designated estate officers who have been entrusted with powers to take action against encroachers and removal of unauthorised structures on railway land. “What are your estate officers doing then?” the bench asked. Natraj conceded that “there has been a total failure on our part.”

WB panel going on with Pegasus probe, says PIL; SC to hear case

New Delhi: The Supreme Court on Thursday agreed to hear a PIL alleging that the West Bengal government appointed commission headed by ex-SC judge Madan B Lokur is proceeding with the inquiry into Pegasus spyware controversy in breach of the state’s promise to suspend its work during the pendency of the issue before the apex court.

On October 27, a bench headed by Chief Justice N V Ramana had set up a high-level technical expert panel headed by Justice R V Raveendran, a former SC judge, to inquire into the allegations that Israeli military grade spyware have been installed surreptitiously in the mobile phones of journalists, activists, politicians and advocates.

The Mamata Banerjee government’s decision to set up Lokur Inquiry Commission on Pegasus issue was challenged before the court by an NGO , which termed the state’s decision beyond jurisdiction and encroaching on Centre’s domain. On August 25, the CJI-led bench suggested to the state not to proceed with the inquiry.

Indian Railways conceded that there has been a total failure on its part to remove encroachers

Dhananjay.Mahapatra@timesgroup.com

Small SA study shows Omicron breaking through booster shot

Small SA study shows Omicron breaking through booster shot

Johannesburg:  17.12.2021

A small study of seven Covid-19 cases in South Africa shows the Omicron variant can break through booster vaccine shots, one of the scientists involved said on Thursday. A group of seven German visitors to Cape Town, aged between 25 and 39, were infected at some point in late November or early December with cases of the Omicron variant. The study said they all suffered only mild to moderate symptoms and none required hospitalisation. Of the group, six were fully vaccinated with the Pfizer-BioNTech vaccine, of whom five had also had a booster Pfizer shot while the sixth had got a booster dose of Moderna vaccine. A seventh had got an initial dose of Astra-Zeneca’s shot, followed by a second and then third booster Pfizer dose. The infections occurred between one and two months after receipt of the booster shot. Wolfgang Preiser, one of the study’s co-authors, said the study showed infection was possible and caused symptomatic disease even after boosted immunisation. The study is under peer review. REUTERS

Dead soldiers’ kin can’t be denied compassionate appointment: HC

Dead soldiers’ kin can’t be denied compassionate appointment: HC

Ajay.Sura@timesgroup.com

Chandigarh:17.12.2021

While deciding a case related to compassionate appointment of dependents of a deceased soldier, the Punjab and Haryana high court has ruled that members of the family cannot be denied appointment merely because they have not ended their lives during the initial period of five years. The Army policy provides for compassionate appointment to wards of a soldier who died on duty within five years of his death.

“Although the delay in raising a claim for compassionate appointment may be one of the factors under the policy, it cannot be the sole factor. The decision has to be based on the cumulative consideration of the facts of each case,” the HC has held.

Justice Rajbir Sehrawat of the HC has passed these orders while allowing a petition filed by Amar Chand, a resident of Hoshiarpur district of Punjab, for setting aside a letter dated January 20, 2021 issued by Army authorities, whereby he was declined appointment as a soldier on compassionate grounds. He had also sought directions to consider the petitioner for appointment in terms of the parameters prescribed by central government through its letter.

5-YEAR CLAUSE

The petitioner's request for compassionate appointment was declined by the authorities in July 2018 on the ground that the application could have been made within 5 years from the date of death of his father and he was not eligible now.

Petitioner’s father died on duty at LoC in 2000

The father of petitioner Naik Gurdip Singh, a resident of Bachhohi village of Hoshiarpur district, had died on duty in an operational area on the Line of Control on May 12, 2000. The death was held to be attributable to Army service. On August16, 2011, the military authorities asked the petitioner’s mother to send her son for consideration for compassionate appointment and granted a family pension to her on November 26, 2011. At the time of death of his father, the petitioner was only one years old and his name was not entered into the Army's record, being dependent on the soldier.

His brother was offered appointment by the Army as per the policy but he did not avail the opportunity. The petitioner’s name was entered in the service record in 2018 after which he had applied for compassionate appointment.

However, his request was declined by the authorities in July 2018 on the ground that the application for this could have been made within 5 years from the date of death of his father and that the petitioner was not eligible. The authorities, however, conceded that as per existing policy, the petitioner was eligible for enrolment in the Army under Unit Headquarter Quota. Aggrieved, the petitioner had approached the HC.

Objecting to his plea, the central government submitted that the policy applicable for the compassionate appointment prescribes that ordinarily the case for compassionate appointment should not be considered after five years from the date of death because in the meantime, the family might have got out of the financial problems. After hearing all the parties, the HC allowed the petition, directing the Army authorities to consider the petitioner for appointment in the Unit Headquarter Quota.

Covaxin wastage up in Indore due to slow vax rate, large vial size

Indore: 17.12.2021

Loss in momentum and increase in vial size of Covaxin supplied to district has led to increase in wastage of vaccine in the last four months.

The comparison in district immunisation records suggest that wastage rate in terms of Covaxin witnessed an upwards trend between August 17 and December 15 to take the overall rate to 0.4%.

The vaccine wastage rate in terms of covaxin on August 17 was -0.24%, showed record.

District immunisation in-charge Dr Tarun Gupta said, “Whenever the footfall at vaccination site dips, the wastage tends to increase because of increase in chances of not using full vials. So, it happened in Indore also.”

The vaccine drive has somewhat lost overall momentum slowly and gradually with some exceptions in the post June period in the district. The daily inoculations on a daily basis remained very low especially after August except during mega drives, said Dr Gupta.

“This low turnout along with large vial size of covaxin supplied to district in the last one month led to surge in vaccine wastage”, said Dr Gupta. The records further suggested that because of this surge around 3670 doses of covaxin have been wasted in the district since the beginning of the drive. The drive began on January 16 this year. The drive remained a roller coaster ride in terms of wastage. The vaccine wastage was on a very high side up to 18% in some period at the beginning before it began going downwards from May. TNN

Datia med college dean removed after audit of nurse recruitment

Datia med college dean removed after audit of nurse recruitment

Bhopal:  17.12.2021

The dean of the government medical college in Datia has been relieved of his charges after an internal audit by the government detected alleged irregularities in the recruitment of nurses in medical colleges.

Around 500 nurses were recruited in Datia and Gwalior colleges through an exam conducted by MP Online.

The medical education department had written to the divisional commissioner, expressing concern on the matter, which is now being raised by Vyapam whistleblower Ashish Chaturvedi as well. He said admissions have been made in stark defiance of the norms. “SC/ST category candidates have been selected in the general category. Many of them have the same numbers, which is causing more suspicion. This has to be investigated so that deserving candidates can get the jobs,” he said. TNN

Delhi all set to deregister 10-yr-old diesel vehicles from January 1

Delhi all set to deregister 10-yr-old diesel vehicles from January 1

AlokKNMishra@timesgroup.com

New Delhi:17.12.2021

In a crackdown on old polluting vehicles, the Delhi government will deregister all diesel vehicles which have completed or will be completing 10 years on January 1, 2022. The move is in compliance with a National Green Tribunal order.

In an order issued earlier this week, the transport department said a no-objection certificate (NOC) will be issued to the owners of these vehicles so that these can be re-registered at other places. However, the department will not issue an NOC for vehicles that have completed 15 years or more on the date of applying for an NOC.

On October 29, 2018, the Supreme Court had prohibited the plying of 15-year-old petrol and 10-year-old diesel vehicles in the national capital. A 2014 order of the NGT had banned even parking of vehicles that are older than 15 years at any public place.

“We have been taking action against old diesel vehicles, and till date, around 1 lakh such vehicles have been deregistered. Now all such vehicles will be stringently de-registered from January 1, 2022,” said a Delhi government official. “Around 2 lakh diesel vehicles that are at least 10 years old will be de-registered from January 1.”

He said the transport department has been issuing public notices to draw the attention of owners to the legal position of these vehicles.

No extn for HC judge who gave ‘skin-to-skin’ Pocso order

No extn for HC judge who gave ‘skin-to-skin’ Pocso order

New Delhi:17.12.2021

The SC has taken the tough decision of refusing to continue Justice Pushpa V Ganediwala, who stirred a controversy in January this year with her back-to-back judgments taking what was seen as a warped and insensitive view of sexual crimes against children, as an additional judge of the Bombay high court, reports Dhananjay Mahapatra.

The collegium comprising Chief Justice N V Ramana and Justices U U Lalit and A M Khanwilkar decided not to grant further extension of the tenure.

Her two controversial judgments, including one that held skin-to-skin contact is must for constituting a sexual offence, had forced the earlier collegium headed by then CJI S A Bobde to withdraw its January 20 recommendation to the government to appoint her as a permanent judge of the HC.

It then had recommended to the Centre to grant her a two-year extension as additional judge. However, the government disagreed and granted her a one-year extension, which will end on February 12, 2022. Now, with the collegium headed by CJI Ramana remitting her case back to the Bombay HC, Justice Ganediwala faces the prospect of getting relegated as district judge. TNN

Skin-to-skin order: HC judge may be relegated to dist court

Her two controversial judgments, including one that held skin-to-skin contact is must for constituting a sexual offence, had forced the earlier collegium headed by then CJI S A Bobde to withdraw its January 20 recommendation to the government to appoint her as a permanent judge of the HC.

It then had recommended to the Centre to grant her a two-year extension as additional judge. However, the government disagreed and granted her a one-year extension, which will end on February 12, 2022.

Now, with the collegium headed by CJI Ramana remitting her case back to the Bombay HC, Justice Ganediwala faces the prospect of getting relegated as district judge. On January 16, 2019, the collegium headed by then CJI Ranjan Gogoi and comprising Justices A K Sikri and Bobde had recommended her appointment as an additional judge of the HC.

At the time of initial consideration of the Bombay HC collegium’s proposal to appoint her as additional judge, the consultee judges in the SC — Justices A M Khanwilkar and D Y Chandrachud (both having Bombay as parent HC) — had conveyed their serious objections. Nonetheless, the SC collegium approved the HC proposal and she was appointed as additional judge on February 13, 2019.

Her profile in the Bombay HC website says: “She was meritorious throughout her educational career and awarded gold medals in BCom, LLB and LLM examinations”. She was appointed as a district judge in 2007. TNN

Govt works to raise legal age of marriage for women to 21

Govt works to raise legal age of marriage for women to 21

Cabinet OKs Proposal To Amend Prohibition Of Child Marriage Act

Ambika.Pandit@timesgroup.com

New Delhi:17.12.2021

With the Cabinet approving the proposal to raise the legal age of marriage for girls from 18 years to 21, bringing it at par with men, the government has set in motion the process for a major change in law that has been a point of debate for long.

The big test for the bill will be passage in Parliament as any change in age will have far reaching implications. Despite a decline over decades, underage marriages remain a concern even though there is a long-standing prohibition on child marriage. As many as 23.3% of women aged 20-24 were married before they turned18, the legal age of marriage, as per National Family Health Survey-5 (2019-21). The latest survey shows the problem is more prevalent in rural India at 27% whereas in urban regions, underage marriage accounted for 14.7% of all marriages.

The government sees the proposed legislation as a strong measure to bring women on equal footing with men in keeping with the vision of the Constitution on gender equality. “As India progresses, further opportunities open up for women to pursue higher education and careers. There are imperatives for lowering Maternal Mortality Rate (MMR), Infant Mortality Rate (IMR) and improvements of nutrition levels as well as increase in Sex Ratio at Birth (SRB). These are the main reasons for effecting the proposed legislation,” an official source said. The move is also being cited as a step that will allow women to attain psychological maturity before marriage, exercise their reproductive rights better and take decisions on family planning and use of contraceptives.

The age of marriage for women was increased from 15 to 18 in 1978 by amending the erstwhile Sharda Act of 1929. The first indication of an upward revision in the age of marriage of girls came in PM Narendra Modi's speech on Independence Day last year. On Wednesday, the Cabinet approved the introduction of ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ for amending ‘The Prohibition of Child Marriage Act, 2006 (PCMA)’. The bill is expected to be taken up in Parliament soon.

According to sources, the bill once approved by Parliament, will be followed by consequential amendments in laws relating to age of marriage. These include personal laws governing marriage of Hindus, Muslims, Christians, Parsis and ‘the Special Marriage Act, 1954’ and ‘the Foreign Marriage Act, 1969’. Under scrutiny are related laws like ‘Hindu Minority and Guardianship Act, 1956’ and ‘Hindu Adoptions and Maintenance Act, 1956.’ In his Independence Day speech last year, the PM said, “To end malnutrition among girls, to assess what should be the age of marriage, we have set up a committee.”

Degree certs before convocation if needed

Degree certs before convocation if needed

Sunitha.Rao@timesgroup.com

Bengaluru:17.12.2021

For the first time, Rajiv Gandhi University of Health Sciences is mulling providing degree certificates to doctors applying for higher studies in universities abroad prior to the convocation. For this, the varsity has to amend its own Act and the matter will be taken up at the ongoing Belagavi session.

RGUHS authorities said some doctors were asked to provide their final degree certificates when applying for higher studies abroad.

In a communication sent to medical education department’s principal secretary on December 7, medical education minister K Sudhakar directed the officer to propose amendments to enable issue of degree certificates as soon as the candidate secures eligibility. Recently, a doctor from Andhra Pradesh, who is in Karnataka and has completed internship in 2020, sought a degree certificate prior to the convocation, stating he required it for higher studies abroad. He wrote to the governor and that’s how the discussion came to the forefront, sources said.

“In some universities abroad, while scrutinising documents for admission, in the absence of degree certificates, they ask for additional documents from students to be certified by RGUHS, which we regularly do,” RGUHS sources said.

If the amendment is brought, it will help many students, say officers. “Soon after results, we provide provisional degree certificates. The gap between issuing provisional and final degree certificates is 7-8 months depending on when the convocation is held. The amendment would help doctors taking up higher studies abroad,” said Dr Jayakara SM, incharge vice chancellor, RGUHS.

He said that at a recent meeting, higher officials discussed possible options to provide degree certificates to those who need it soon after results are announced. “At present too, the Act gives us an option to conduct a mini-convocation in case of emergencies. But that has not happened so far. We are mulling taking up an option employed in Delhi University, wherein based on the affidavit filed by the candidate, the degree certificate is issued prior to the convocation. We’re looking into the Delhi University model,” he said.

ALL EYES ON RGUHS FUNDS

The minister’s letter, a copy of which is with TOI, about provision for issuing degree certificates, also talks about suitable amendments about usage of funds. Currently, the university has Rs 1500 crore to spend for which a nod from the government is essential.

Chapter 4 of the RGUHS Act speaks about utilisation of funds, its management and audit. Under the provision to section 40, it is clear that with respect to utilisation of funds, the directions of the state government shall be final.

“However, if any such limitation is cast on the government with respect to the utilisation of funds, it is imperative to introduce suitable amendments to the statute so as to enable the government to ensure that funds are put to effective use in the interest of extending better healthcare services to the general public,” reads the letter.

HC to govt: Don’t force degree students to take Kannada language

HC to govt: Don’t force degree students to take Kannada language

TIMES NEWS NETWORK

Bengaluru:17.12.2021

The high court on Thursday observed that until further orders, students who do not wish to take Kannada language in their degree courses should not be compelled to pursue it based on the circulars issued by the state government.

“Prima facie, we are of the view that the matter with respect to implementation of Kannada language as a compulsory subject in higher studies on the basis of implementation of National Education Policy (NEP) is a question which requires consideration. As such, the state government at this stage, shall not insist on making Kannada language compulsory. Students who have already taken Kannada language on the basis of their choice may do so but those who do not wish to take Kannada language shall not be compelled to pursue the language till further orders,” a division bench headed by Chief Justice Ritu Raj Awasthi observed in its order.

Earlier, MB Nargund, Additional Solicitor General appearing for the Centre, informed the court that making any language compulsory in any particular state on the basis of implementation of NEP would have vast ramifications and as such the central government has to take a decision in consultation with the state governments in this regard.

Four weeks sought to file central govt affidavit

He said that necessary meetings for this purpose could not be held so far and as such he is not in a position to spell out the stand of the central government in respect of making Kannada language compulsory in Karnataka. Nargund submitted that a detailed counter affidavit on behalf of the Centre in this regard would be filed shortly and requested for four weeks’ time.

Shridhar Prabhu, counsel for five students, said that the court by means of an interim order passed on December 13, 2021, directed the state government and Bangalore City University not to precipitate the matter with respect to making Kannada compulsory. He requested the court to further clarify by saying that the petitioner students are free to choose the language they want as they have taken admissions in the current academic session.

However, Advocate-General Prabhuling K Navadgi, referring to the petition that has been filed by the five students, claimed that they have in fact already studied Kannada up to class 12 and as such they cannot have any objection in studying Kannada in higher classes.

Two petitions

The high court is hearing two petitions on this issue, a public interest litigation by Samskrita Bharati (Karnataka) Trust, Bengaluru, and three other institutions associated with promotion of Sanskrit language/study and another filed by the five students.

The petitioners have claimed that both these orders are against the very intent of the National Education Policy (NEP) 2020.

Students who have already taken Kannada language on the basis of their choice may do so but those who do not wish to take Kannada language shall not be compelled to pursue the language till further orders

—HC bench order

Dead man has right to early burial: Kerala HC

Dead man has right to early burial: Kerala HC

Kochi:17.12.2021

A decent burial of a dead body without unnecessary delay in completing legal formalities is part of constitutional right, the Kerala HC said on Thursday while ordering for conducting inquest and postmortem at night.

Justice PV Kunhikrishnan said : “…it is the duty of the state to complete the legal formalities forthwith if an unnatural death happened. The officials of the government should hand over the dead body to the kith and kin of the deceased person immediately. It is part of the fundamental right of a person under Article 21 of the Constitution of India to live with dignity and the dignity includes… the dignity following his death.” TNN

Six fresh cases of Omicron variant suspected in TN

Six fresh cases of Omicron variant suspected in TN

TIMES NEWS NETWORK

Chennai:17.12.2021

Test samples of at least six more patients, suspected to be carrying the Omicron variant, were sent by Tamil Nadu to whole genome sequencing labs in Chennai, Bengaluru and Pune on Thursday.

A 38-year-old woman, who returned to India on December 12 from the Republic of Congo via Chennai, tested positive for Covid-19 in her hometown in Tiruvannamalai district two days later, health officials said here on Thursday.

During the RTPCR test, scientists noticed the S-gene dropout – an indicator that she could be carrying the Omicron variant. She is admitted to the government medical college hospital in Tiruvannamalai, and her health condition is stable, health secretary J Radhakrishnan said.

By evening, four family contacts of the Covid-19 patient, who took the Doha flight to Chennai, tested positive for Covid-19. With this, at least two passengers who travelled on the flight and 10 of their contacts have tested positive for the viral infection so far. The public health department says there was S-gene dropout in all patients who tested positive.

A 47-year-old passenger, who returned from Nigeria via Doha, tested positive at the airport on December 10. Five days later, National Institute of Virology confirmed he was carrying the Omicron variant. The genomic test reports of all other patients are still awaited. “We have alerted all passengers on the flight to contact health authorities or seek medical attention even if they have mild symptoms,” Radhakrishnan said.

In addition, another patient, who travelled from South Africa, tested positive eight days after she travelled. Since South Africa is listed as a country at risk, patients are allowed to leave the airport only after they test negative. A repeat RTPCR is done eight days later. While officials are yet to confirm if they suspect Omicron variant, the patient has been isolated for treatment at the Government Covid Hospital in Guindy. Her tests samples were also sent to the genomic labs.

State public health staff and infectious diseases experts are now asking the state to expand the list of “at risk” countries or make testing mandatory for all international passengers. “The state has to create separate facilities for passengers so there is no further community spread,” said a senior government doctor. “Passenger travelling from other countries are not mandated to wait at the airport till results come in. While we track and test most close contacts, this can become complex if we continue to passengers go without negative RTPCR report,” he said.

627 new cases

Tamil Nadu reported 627 new Covid-19 cases and 12 deaths on Thursday with Chennai (124) and Coimbatore (104) continuing to record the highest number of new cases.

At the end of the day, 687 people were discharged from Covid registry leaving 7,476 people still under treatment for the viral infection. The cumulative case tally since March 2020 touched 27.37 lakh and the death toll reached 36,656.

Adyar Eco park opened for public

Adyar Eco park opened for public

TIMES NEWS NETWORK

Chennai:17.12.2021

In a move that is likely to bring cheer among walkers, Tholkappiar Poonga (formerly Adyar Poonga Trust) will now allow people to take their daily stroll on its premises.

Project director V Kalaiarasan said the government approved the park’s proposal to allow people to use the grounds for walking for one and half hours each in the morning and evening. Those interested need to apply on the park’s website. Walkers will be issued daily passes for ₹20, monthly for ₹500 and quarterly for ₹1,500.

POONAMALLEE HIGH ROAD TURNS A NIGHTMARE FOR AMBULANCES

POONAMALLEE HIGH ROAD TURNS A NIGHTMARE FOR AMBULANCES

Patient-Ferrying Time To Hospitals Goes Up By 30 Minutes On Stretch, Risking Lives

Omjasvin.MD@timesgroup.com

17.12.2021

Drivers of the 108 ambulance service dread getting calls to ferry patients along Poonamallee High Road (EVR Periyar Salai) from Thiruverkadu to Chennai Central. The many traffic bottlenecks along the stretch have turned into a nightmare, they say.

Merely removing these bottlenecks can help ferry patients to Government Kilpauk Medical College and Hospital (KMCH) and Rajiv Gandhi Government General Hospital (RGGGH), the tertiary hospitals located on Poonamallee High Road, at least 30 minutes quicker, they say.

Congestion at key junctions of Thiruverkadu, Golden George Nagar, Maduravoyal, Arumbakkam and Aminjikarai causes a delay in reaching KMCH, at least 10 km away, for Western Chennai residents.

At each of these junctions, TOI used a stopwatch to find that an ambulance is held back by an average of 3 minutes to 6 minutes at one place, accounting for a total of 30 minutes of stoppage time.

S Venkatachalam, a 108 ambulance driver who regularly ferries patients to KMCH along the stretch, said container lorries are the main cause of the problem between Thiruverkadu and Madurvoyal, sometimes bringing traffic to a standstill by up to 45 minutes. “After Maduravoyal, it is the commercial vehicles that are a hindrance,” he said.

The majority of calls for 108 ambulances on this stretch are to attend to accident cases, and with Tiruvallur GH being 30 km away, the rush to KMCH, the closest, is the most intense.

Apart from ferrying accident victims and emergency cases from Western Chennai, these ambulances also carry patients referred from Tiruvallur GH to either KMCH or RGGGH via Poonammallee High Road. M Vijayashankar, head of emergency at KMCH, said they avoid referrals from other hospitals as much as possible during peak hours. “Delay in presentation will definitely increase complications of emergency cases. People having a better traffic sense would help free the path for ambulances,” he said. Ambulances are live-tracked through GPS and emergency communication is continuously given, he added.

The Tamil Nadu Health Systems Project (TNHSP), which manages 108 services, in 2018 proposed to bring in automated signal clearance for ambulances and a pilot study was carried out along Poonamallee High Road. It never took off.

TNHSP project director Dr S Uma told they had given a proposal under the road safety fund through TNHSP but due to some technical issue at the police signal side and fund issues from World Bank, it was shelved.

Encourage bail & not jail: SC to trial courts

Encourage bail & not jail: SC to trial courts

‘Despite Several Orders, Courts Denying Relief’

AmitAnand.Choudhary@timesgroup.com

New Delhi:17.12.2021

Observing that if there are hundreds of reasons for denying bail then there are also hundreds of reasons for granting it, the Supreme Court on Thursday expressed concern over trial courts showing reluctance in granting relief despite various directions to encourage bail. The mindset of such courts needs to change, the SC said.

The apex court, in a slew of orders, held personal liberty as an important aspect of constitutional mandate and that arrests should not be done in a routine manner when the accused is cooperating in a probe and there is no reason to believe that the person will abscond or influence investigations.

The court had in October passed guidelines as per which if an accused had cooperated in the investigation — and was not arrested during the probe — then s/he should not be taken into custody at the time of filing of chargesheet.

It held that a trial court cannot also refuse to accept a chargesheet simply because the accused had not been arrested and produced before the court.

Noting that the guidelines were not followed by trial courts, a bench of Justices Sanjay Kishan Kaul and M M Sundresh said the signal that the Supreme Court wanted to send has not reached and lower courts remained apprehensive in granting bail.

Mindset is to find a way to deny bail: SC bench

The SC bench said, “The idea was to encourage bail and not the reverse but it is not happening... It is all about mindset. But the mindset is to find a way to deny bail. It has to be changed.”

The court said it is troubling that courts are spending substantial time in deciding only bail matters instead of main issues and cases which should have been decided by high courts reach the SC. The bench said the result is that the top court is flooded with bail petitions. “The endeavour was to reduce the bail application but it has, in fact, increased,” the bench said.

“It cannot be that everybody has to be put behind bars in every case. Bail should be encouraged and not jail,” the bench said, noting that investigation goes on for years and during that period people should not languish in jail, which also causes overcrowding in prisons.

It further said the investigating agencies lack sufficient manpower to conduct probes in a time-bound manner and there is also a lack of infrastructure, like paucity of labs, resulting in inordinate delays.

“In those circumstances, we have to take a call on the issue as the probe goes on for years,” the bench said. The apex court had in October issued guidelines for different categories of offences.

Full report on www.toi.in

Times View

Many undertrials languish in jail for years awaiting trial. Our judicial system functions on presumption of innocence unless proven guilty. Such a state of affairs turns this principle on its head. The apex court is right in its approach. A comprehensive order detailing the guidelines could go a long way in ameliorating the problem.

Loader who fell asleep in aircraft cargo compartment not first to fly with bags

Loader who fell asleep in aircraft cargo compartment not first to fly with bags

Manju.V@timesgroup.com

Mumbai:17.12.2021

The IndiGo loader who fell asleep inside an aircraft cargo compartment and flew from Mumbai to Abu Dhabi on Sunday wasn’t the first passenger to fly among bags and containers. Six years ago, a similar incident had occurred in the US, when a ramp worker involuntarily ended up flying from Seattle to Los Angeles in the cargo compartment of an Alaska Airlines aircraft.

For the Mumbai airport too, a human travelling in a cargo compartment wasn’t a first. In mid-1960s, Australian former athlete Reg Spiers “posted” himself and flew in a cargo box from England to Australia inside an Air India aircraft as he didn’t have money to buy an air ticket. “The A320 aircraft cargo hold is pressurised and temperature-controlled. Had the cargo hold not been unpressurised, the temperature inside would have touched minus 45-50 degree Celsius during cruise,” said a senior pilot. IndiGo flight 6E-1835 had departed around 3am, and the loader is said to have fallen asleep in baggage compartment one.

But the most bizarre journey in cargo hold was the one voluntarily undertaken by Spiers. The cash-strapped athlete had taken up a job in the airport export cargo section where he saw livestock being transported in the cargo hold and the use of shipping fee payment-ondelivery system.

He had a cargo box built to airline specifications which allowed him to lay on his back with knees bent. He packed tinned food, a torch, a blanket and a bottle of water and another one to pee, according to a BBC report. He endured a 24-hour delay in London due to fog, but let himself out after the aircraft took-off. After Paris, the next stop was ‘Bombay’ where the baggage handlers put the box upside down and left it in the sun for four hours. He sweated through it, but stayed put. Eventually he was put into another aircraft bound for Perth. His journey made headlines. But the sweet ending was by Air India. The airline did not charge him the shipping fee.

Omicron-hit had sore throat, body ache

Omicron-hit had sore throat, body ache

Sumitra.DebRoy@timesgroup.com

Mumbai:  17.12.2021

Slightly itchy throat, fatigue, body ache and mild fever were some of the main symptoms experienced by the patients treated at the SevenHills Hospital for the Omicron variant. The Andheri hospital, dedicated to cases of the new variant, has handled 14 patients till now. Thirteen have been discharged.

Of the 14 cases, eight were asymptomatic. “Among those with symptoms, most complained of sore throat, tiredness and body ache,” said one of the treating doctors, adding there was no disease progression in any. The HRCT scans of all the patients remained practically unchanged, meaning there was no lung involvement. Most could be treated with basic fever and pain medication such as paracetamol, while asymptomatic patients were given multivitamins.

Full report on www.toi.in

14 new Omicron cases take India tally to 87

India reported 14 fresh Omicron cases on Thursday, taking the tally of patients contracting the highly infections variant in the country to 87. While Karnataka reported five new cases, Delhi and Telangana recorded four each and Gujarat one.

The tally in Karnataka rose to eight with five new cases. While three of them have international travel history, the other two returned from Delhi, leading to concerns of community spread of the variant in India. TNN