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Wednesday, August 21, 2024

news today 21.08.2024

SC overturns HC order on girls’ sexual urges

AmitAnand.Choudhary@timesgroup.com

New Delhi : Strongly disapproving of the sweeping observations made by the Calcutta high court, including advising adolescent girls to control their sexual urges instead of giving in to “two minutes of pleasure” while deciding a criminal appeal, the Supreme Court on Tuesday urged judges to decide cases based on law and facts and not to indulge in preaching or expressing personal opinions in adjudication. A bench of Justices Abhay S Oka and Ujjal Bhuyan not only set aside the high court’s remarks but also its verdict in 2018 of acquitting an accused who was in physical relationship with a 14- year old minor girl and out of which a child was born.

The top court convicted him under the Pocso Act and said it would decide on the quantum of punishment. It also directed West Bengal govt to form a committee of three experts, including a clinical psychologist and a social scientist, to interact with the girl to help her make an informed choice whether she wants to continue to remain in the company of the accused or avail of the benefits offered by the state. Referring to various observations made by the HC, including carving out a nonexisting category of “romantic relationships” in rape cases and suggesting amendment in laws to decriminalise consensual sexual acts involving adolescents above 16 years, the court said the HC’s remarks were shocking.

“A judgment of the Court cannot contain the judge’s personal opinions on various subjects. Similarly, advisory jurisdiction cannot be exercised by the court by incorporating advice to the parties or advice in general. The judge has to decide a case and not preach. The judgment cannot contain irrelevant and unnecessary material.

A judgment must be in simple language and should not be verbose. Brevity is the hallmark of quality judgment. We must remember that judgment is neither a thesis nor a piece of literature. However, we find that the impugned judgment contains personal opinion of the Judges advice to the younger generation and advice to the legislature,” the court said. The bench agreed that the relationship was consensual as there was no evidence of enticing the victim and she had left the house on her own but held that the offences punishable under Section 6 of Pocso Act and Subsections (2)(n) and (3) of Section 376 of the IPC were made out. It said whether such offence arises from a romantic relationship is irrelevant.

Ola says drivers not staff, can’t be hauled under POSH Act

TIMES NEWS NETWORK 21.08.2024

Bengaluru : Cab aggregator Ola has told Karnataka high court that taxi drivers are basically not its employees and hence, it cannot be directed to proceed against the cabbies under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act. Making submissions to this effect, senior advocate Dhyan Chinnappa, who appeared for ANI Technologies that operates Ola cabs, also urged the court to dismiss a petition filed by a woman passenger who sought action against a driver for harassing her.

Chinnappa submitted that the aggregator has taken action against the driver by blacklisting him. He, however, argued that the company cannot be held responsible as it is only an intermediary like Amazon and Flipkart. The driver is an independent person who only operates in terms of the contract, he claimed, arguing that the petition itself suffers from maintainabili ty as labour legislation cannot be made applicable when the drivers are independent. According to him, since action has already been taken against the driver, it will be extremely stretching to introduce a definition of a driver as an employee.

Counsel for the petitioner-woman submitted that she chose to book an Ola cab instead of hailing a random one on the road because she felt the former would be safer. If Ola contends that it’s not responsible for passenger safety, the petitioner would not have entered that cab in August 2018, the court was told.

Justice MGS Kamal, meanwhile, reserved his verdict. The woman filed the petition in 2019 alleging that she was sexually harassed by an Ola driver in August 2018, and that the company had failed to take appropriate action despite her filing a complaint. According to her, the driver watched a pornographic video on his mobile phone in a manner that it was visible to her, masturbated and refused to stop the cab.

Metro Rail’s first driverless train to arrive only by end of next month

Running late: The train was expected to reach the city by

the last week of August, but it is delayed.Representative image

Sunitha Sekar

CHENNAI 21.08.2024

The arrival of Chennai Metro Rail’s first driverless train for the phase II project has been delayed and is likely to reach only by the end of September.

The train had been expected to reach the city in the last week of August but now, the arrival date has been deferred since work has not been completed yet, sources said.

CMRL awarded the contract at ₹1,215.92 crore and production of the first train took off in February this year, with August as the target for delivery.

“But there is going to be no impact even if the train comes next month. Anyway, there is a delay in the construction and track work on the elevated viaduct between Poonamallee to Porur (where the train has to be tested), which will be completed only by March next year. Even if the train is here in September, we will finish the testing in about 4-5 months and be made ready for the trials only in March next year,” a source said.

When the train, which is manufactured in Sri City, is transported to the Poonamallee Depot in Chennai, a number of tests will be done.

The coaches will be linked together and all the components will be examined. Then, the power supply will be provided.

“Next, we will move the train to the 820-metre test track in the depot, where the train will be operated for the first time, and then the dynamic testing will begin. We will also check the acceleration and deceleration, the brake system, and see if the train is able to run up to 90 kmph,” an official said.

Subsequently, the integration of the testing of the train and signalling system will begin, and these processes will go for about 4-5 months. Once it is completed, the train will be brought to the elevated viaduct between Poonamallee and Porur for testing.

‘Stage 4 cancer but despite drugs and side effects, I live, work and dance’

SURVIVOR STORIES 21.08.2024

Urvashi Prasad I was fit and fine till around April 2022, when I started developing liver-related symptoms — loss of appetite, nausea, and so on. Soon, a low-grade fever started coming on. After many different tests to determine the cause, a PET scan and biopsy revealed it was an ALK-positive adenocarcinoma of the lung. In simpler terms, a kind of lung cancer.

An ALK (anaplastic lymphoma kinase) gene is present in all of us but, for some unknown reason, it gets triggered in people who have a higher predisposition — especially women of South Asian and Southeast Asian descent. ALK-positive people are non-smokers and are often much younger than the average lung cancer patient. It’s not inherited, and I had certainly never heard of it before. I don’t think any of my doctors knew either because you can’t really screen it. You don’t expect something lung-related to happen to a non-smoker, that too, in their mid-thirties. My first reaction was shock that lasted for months.

It was only when I was put on antidepressants that I started getting some of my daily life back. I don’t think the shock ever fully wears off. I still have moments when I’m wondering — is this the life I’m living? What’s unfortunate about this cancer is that it mostly gets diagnosed at stage four, when it has already spread quite a bit. It might have absolutely no symptoms in the beginning, but it’s an aggressive cancer and moves very quickly. Very little is understood about it. It’s not a doctor’s disease, it’s a researcher’s disease. We need a good amount of research — and that’s happening in certain parts of the western world — to identify why it happens to some people and not to others; and devise longterm treatment options. Right now, patients are put on these targeted oral drugs, but the cancer is very smart. It goes through some mutation and becomes resistant.

With other lung cancers or cancers in general, you might have your regular chemotherapy, radiation or even surgery. But not for ALK-positive cancer. Currently, you only have limited drugs available. You can’t even keep switching once the cancer becomes resistant. Although the oral medicines help me lead a fairly normal and active life, there are many side effects that require more drugs to manage.

For instance, the meds immediately raised my cholesterol levels (I never had that issue before) and I had to be put on regular statins to balance that. The drugs also tend to raise your blood sugar, so you have to walk a lot. There is weight gain and fluid retention. It affects your joints — I’ve had knee issues for which I am getting physiotherapy. And then there are neurological effects — alternating between rage, anger and extreme sadness. You must also monitor the heart with regular ECG and ECHO tests. Even with all this, there’s a lot that I manage to do, whether it was my work as director of NITI Aayog, going out to meet people, doing public engagements, writing articles and so on. I also still dance, despite the weight gain and sleepless nights that the cocktail of drugs cause. Ultimately, what else do you do? If your choice is to want to live, then you have to find ways. People tell me the most bizarre and tone-deaf things — “How come you’ve not lost your hair?” or “How do you look so good?” or even “Doesn’t look like you have cancer.”

Until you educate people, they will think they only gave you a compliment. That’s why I choose to write candidly about my disease on social media and other platforms. Being someone from public health, I am still working against the stigma associated with cancer treatment. People are still very hesitant to say we have this disease but it’s not our fault, and there’s nothing we could have done differently. Oncology today shouldn’t just be about giving someone chemo or radiation or a drug. It has to be more holistic care. I can still badger my oncologist and say, “You jolly well help me with XYX.” But what about other people? For a cancer patient, there’s so much that goes on mentally, emotionally, and with interpersonal relationships.

For those in my peer group, this is a life they can’t relate to. My condition is incurable. It’s not over in five, six or nine months with chemotherapy. I have lost a lot of relationships in the bargain. Very few people have the ability to stand by someone who’s in a prolonged crisis

SC tears into WB authorities, questions lapses in case

Dhananjay.Mahapatra@timesofindia.com 20.08.2024

New Delhi : “Why was the FIR on the shocking rape-murder incident lodged after 12 hours? Why was it attempted to be passed off as suicide? Why was the principal, whose role is under scrutiny, re-appointed as principal of another medical college hours after he resigned?” Supreme Court on Monday fired a volley of questions at the West Bengal government as it expressed its unhappiness with response of authorities in Kolkata to the horrific crime.

“What were the Kolkata police doing? Why was it recorded as an unnatural death case even after the inquest/post mortem report clearly showed that it was a case of murder? How can we trust the state police to give protection to the doctors to persuade them to return to work,” asked a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. The bench said that the Calcutta HC, which has transferred the investigations into the Aug 9 incident of rape and murder at R G Kar Medical College and Hospital to CBI, would continue with its proceedings but asked the central probe agency to submit a status of its probe into the horrific incident on Aug 22, the next date of hearing.

The court also recorded its strong disapproval of police action against peaceful protests regarding the rape and murder incident by doctors, civil society and lawyers. “We expect that the West Bengal govt shall observe necessary restraint as far as peaceful protests are concerned. It shall ensure that state power is not unleashed on the protesters,” the bench said. Opening the proceedings with stinging remarks, the CJI said, “After the crime was detected in the morning (of Aug 9), the principal tried to pass this off as suicide. Parents of the deceased are not allowed to see the body. Until late night no FIR was registered.” For West Bengal, senior advocate Kapil Sibal and Menka Guruswamy refuted the charges by reiterating “not true” several times. Sibal said the police had immediately registered a case of unnatural death. On the entry of a 7,000-strong mob into the hospital on Aug 14-15 night, the CJI-led bench said,

“A very serious offence has taken place. The crime scene is within the hospital. The first thing the police should do is to protect the crime scene. What were the police doing? They allow the vandals to enter the hospital.” Solicitor general Tushar Mehta said, “It is impossible for a 7,000-strong mob to enter the hospital without the knowledge of police” hinting at the possible complicity of police with the vandals. The role of RG Kar’s principal came under intense scrutiny of the SC. “After the principal resigns from the R G Kar Medical College, he is immediately sent to another college as principal. His conduct is under scrutiny, and he is appointed as principal to another college?” The SG said the in-charge DGP of West Bengal is under SC scrutiny for fabricating and forging evidence in the Saradha chit fund scam case. But Sibal countered him saying Kolkata police is not under the DGP.

SC tears into Kol police, orders CISF deployment at RG Kar

‘Don’t Unleash Power Of State On Peaceful Protesters’

Dhananjay.Mahapatra@timesofindia.com 21.08.2024

New Delhi : Supreme Court on Tuesday tore into the Kolkata police for allowing a 7,000-strong mob to vandalise RG Kar hospital early on Aug 15, storm the resident doctors’ hostel and threaten women doctors with dire consequences if they opened their mouths about the rape-murder of a doctor. A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra doubted police’s ability to protect the resident doctors, 90% of whom had left for their homes out of insecurity, and ordered deployment of CISF to guard the hospital and its hostels.

“The protest by doctors (on Aug 15) ... was part of the wider ‘Reclaim the Night’ agitation. Police couldn’t have been unaware of the fact that when there are protests across the country, another would try to disrupt the protests. Women doctors were assaulted (at RG Kar hospital). Police ran away from the scene. Thereafter the women doctors leading the protests were called out by name and threatened with the same fate that had befallen the rapemurder victim,” the CJI said. The court also recorded its strong disapproval of police action against peaceful protests by doctors, civil society and lawyers. “Let not the power of the state of West Bengal be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis.”

Tuesday, August 20, 2024

Court: RGUHS syndicate members have no right to continue beyond three years

TIMES NEWS NETWORK Bengaluru : 20.08.2024

The high court ruled that any member of Rajiv Gandhi University of Health Sciences (RGUHS) syndicate, who is not an exofficio member, has no right to continue as a member beyond the three-year term of the varsity body. In its recent judgment, a division bench consisting of Chief Justice NV Anjaria and Justice KV Aravind dismissed writ appeals filed by Dr Venugopal and others, who were former syndicate members of the university.

The appellants were appointed as members of the syndicate on Dec 13, 2022, through a notification which stated that their term would be “with immediate effect and till further three years or till further govt orders, whichever is earlier”.

However, a revised notification, dated Feb 7, 2023, specified that the term of office of the members would be three years. When the new govt took charge, another notification was issued on May 25, 2023, cancelling the nomination of the appellants with effect from May 24, 2023, citing “in the interest of public and administration of the university”. The appellants challenged the decision before a single bench. However, their petitions were dismissed by the single bench.

The division bench concluded that membership of nominated or other members, except exofficio members, would be co-terminus with the tenure of the syndicate. The university’s ninth syndicate was constituted on June 16, 2021 for three years, which ended on June 15, 2024. Consequently, the membership of the appellants, which was co-terminus with the syndicate’s term, also ended.

NEWS TODAY 20.08.2024

Court stays order mandating colleges to give up NRI seats

MEDICAL EDUCATION TIMES NEWS NETWORK

Bengaluru : The high court on Monday passed a conditional interim order directing private medical colleges to deposit within eight weeks the difference between the fees fixed by the govt and the amount actually collected by them from 2018 batch students selected under NRI/ management quota.

“This direction is without prejudice to the rights of the appellants and to balance the equities between the parties,” a division bench comprising Chief Justice NV Anjaria and Justice KV Aravind said in its order after hearing the writ appeals filed by Vydehi Institute of Medical Sciences and others.

Subject to compliance with the interim order, the direction issued by the state govt for surrendering seats is stayed. The appellants had challenged the April 25 order of a single bench based on which the directorate of medical education had asked them to hand over to govt quota the NRI quota seats equivalent to the number of seats they had allegedly blocked and to which they had admitted NRI/management students in 2018.

A total of 212 seats were identified in 17 medical colleges for surrendering to the govt quota and to be included in the seat matrix. In the order passed by the single bench, a direction was issued to rectify the violations and to ensure the integrity of the admission system. “The approval of the admission of respondent students will be subject to petitioner-medical colleges surrendering and transferring seats from management/NRI quota to the state govt merit quota for the upcoming academic year. This transfer should be completed in compliance with guidelines set forth by the KEA. The colleges shall give an undertaking that they will ensure transparency and fairness and that all admissions will be strictly based on merit and the colleges will never indulge in attempting to block or manipulate seats,” the single bench had observed.

Stern warning to med institutions

The colleges were cautioned to strictly adhere to the regulations and directives issued by National Medical Commission and KEA in future admissions to avoid any recurrence of such violations. Failure to comply with the directives shall attract stringent directives, including further reduction in seats and other punitive actions, the single bench warned while imposing hefty costs on the colleges for having manipulated the admission process by blocking seats.

Intake for LLB to begin today amid pending litigation

MISSION ADMISSION TIMES NEWS NETWORK

Ahmedabad : The admission process for state law colleges in Gujarat has been delayed due to an ongoing legal dispute between the govt and the Bar Council of India (BCI). However, the registration process for admission to all state law colleges will begin through the Gujarat Common Admission Services (GCAS) portal from Tuesday. The final decision regarding admissions is expected after the court hearing on Aug 27. Students who wish to pursue an LLB course after graduation have not been able to register because of the ongoing legal case. Recently, Akhil Bharatiya Vidyarthi Parishad (ABVP) had submitted petitions to the Ahmedabad district collector following students’ protests. Nearly seven grant-in-aid colleges under Gujarat University and more than 35 grant-in-aid and private law colleges in the state have not given admissions to students yet.

The high inspection fees set by the BCI have made it difficult for grant-in-aid colleges to sustain themselves, and the govt is unwilling to provide teachers to these colleges, sources said. Law college professors said that a final decision in the ongoing litigation has not been reached, with the next hearing scheduled for Aug 27. Despite student protests and demands for admission, the registration process for students wishing to pursue an LLB will commence on the GCAS portal on Tuesday (Aug 20). However, the duration of this registration period remains unclear.

CUTOFFS FOR MBBS/BDS ADMISSIONS SET TO RISE As Students Raise The Bar, Competition Gets Tougher;

Cutoffs May Go Up By 50 To 100 Marks

Pushpa.Narayan@timesofindia.com TIMES OF INDIA 20.08.2024

Cutoffs for MBBS/ BDS admissions to govt colleges in Tamil Nadu are likely to increase by up to 50 marks for the open category and more than 100 marks for some reserved categories this year as the number of top scorers in NEET 2024 is higher than NEET 2023. The MBBS/BDS rank list for 2024 admissions, released on Monday by health minister Ma Subramanian, showed 90 students from the state scored above 700 out of 720 marks in NEET 2024. Last year, 29 students and, in 2022, five students had done this.

This year,1,446 students scored above 650 marks compared to 379 in 2023 and 199 in 2022. As many as 4,729 students scored above 600 compared to 1,538 in 2023. Those with marks above 500 nearly doubled to 13,176 compared to 6,449 last year. Year after year, students from Tamil Nadu have raised the bar.

“We have vehemently opposed NEET for various reasons,” Subramanian said. “But students, including those from govt schools, have improved scores. While we continue our fight against NEET, we will ensure students are trained well to compete for the exam,” he said.

Rajaneesh P from Villupuram was one of 17 students across the country who got a perfect 720/720. Eight TN candidates got 715 marks and one scored 710. The improvement was sharper for students who passed out of govt schools. Roobika P from Krishnagiri topped with 699 marks. In 2023, the top score under this category was 569 marks, and in 2022, it was 518. Gayathridevi M from Salem scored 668, and Anushiya S from Tiruvannamalai and Rathish G from Namakkal 665 each. There were 2,767 students with scores above 300 compared to 1,170 last year and 250 students in 2022. Analysts say the overall cutoff for the open category in govt colleges is likely to be above 650 marks, which is nearly 50 marks more than in 2023.

In the BC category, it is likely to increase by up to 62 marks. The cutoff is likely to go up by around 100 marks for the ST category in govt colleges. “There is crowding at the top this year,” said student counsellor Manickavel Arumugam. “This means more students from Tamil Nadu will gain admission to central institutions and under the all India quota for state colleges. Students must explore opportunities in central institutions such as AIIMS-Delhi, JIPMER, or Armed Forces Medical Colleges. And if they don’t wish to move out of Tamil Nadu, they should opt for seats through the all-India quota,” he said.

More than 70% on list repeaters

More than 70% of candidates on the state rank list for MBBS/BDS admissions were repeaters, selection committee officials announced on Monday. Of the 28,819 applicants in govt quota, 7,791 were freshers and 21,028 were repeaters. “The percentage of repeaters may increase in the admission list. Repeaters have better experience and training. So, most of them manage to get better scores and secure admissions,” a senior official said. In 2023, 31% were firsttimers, 40% attempted for a second time and 21% for a third. About 2% had attempted more than five times. “There were also those who made seven attempts,” he said. Most firsttimers who fail to get a seat take a gap year to prepare. “It’s almost impossible to secure good marks without attending special coaching. This is one of the reasons why we oppose NEET,” said health minister Ma Subramanian. In the 7.5% govt quota list, all students on the 2024 top 10 list were repeaters. Fewer than 10% of govt students make it to the rank list on the first attempt.

Monday, August 19, 2024

NEWS TODAY 19.08.2024

Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”

Published on March 11, 2024 By Arushi

Delhi High Court: In the case wherein the petitioner sought that the degree issued to her on completion of her course should reflect both her father’s and mother’s name, C. Hari Shankar, J.*, opined that “just as a daughter and son are equally entitled to recognition as the children of a couple, the mother and father are also equally entitled to recognition as parents of the child.”

The Court referred to University Grants Commission (‘UGC’) circular dated 06-06-2014 and opined that the Court simplified the task of the officials in the GGSIPU by issuing a categorical direction that in future every document relating to the students in which the parents’ name was to be mentioned, it would reflect both father’s and mother’s name of the student concerned.

Accordingly, the Court directed GGSIPU to issue a fresh B.A. LLB degree/certificate within two weeks to the petitioner in which the names of both her father and mother would be reflected. Background In the present case, the petitioner passed her five-year B.A. LLB course from the Amity Law School, Delhi, which at that time was affiliated to the Guru Gobind Singh Indraprastha University (‘GGSIPU’), the respondent.

The petitioner’s grievance was that the B.A. LLB degree issued to her on completion of the course reflected only her father’s name and not her mother’s name. Thus, the petitioner filed the present writ petition and sought that her degree should reflect both her father’s and mother’s name.

Analysis, Law, and Decision The Court opined that to even psychologically compartmentalize human beings based on sex and gender would be woefully anachronistic. It was a matter of pride and joy to this Court to see that most of the young counsel at the bar today were girls, and moreover 70% of graduates from law schools today were girls. The Court opined that “the artificial gender-based mental distinction that we have, over ages, drawn, based on a chance chromosomal circumstance, is now all but effaced. If there is still, among us, anyone who retains that mental block, it is time he woke up and smelt the coffee.”

The Court opined that equality of opportunity was but one facet of gender equality, as equality of recognition was just as important. “Just as a daughter and son are equally entitled to recognition as the children of a couple, the mother and father are also equally entitled to recognition as parents of the child. To even question, much less deny, this, would be redolent, again, of an archaic and unrealistic notion of gender difference, which is a notion that has clearly outstayed its welcome.”

The Court opined that there was no reasonable justification for only mentioning the father’s name in any certificate related to education or educational qualifications. It would be clearly retrogressive if educational certificates, degrees and other such documents reflected only the candidate’s father name and mother’s name was eliminated. The names of both parents should necessarily be reflected on the certificate. The Court further referred to UGC circular dated 06-06-2014, and opined it simplified the task of the officials in the GGSIPU by issuing a categorical direction that in future every document relating to the students in which the parents’ name was to be mentioned, it would reflect both father’s and mother’s name of the student concerned.

This should be treated as mandatory, non-negotiable, and it would be for the GGSIPU to decide on the format to be adopted in that regard. The Court clarified that these observations might have to be adjusted in cases of children adopted by a sole parent, or such other exceptional case, as such cases would have to be addressed on their individual facts. Further, the Court directed GGSIPU to issue a fresh B.A. LLB degree/certificate within two weeks, to the petitioner in which the names of both her father and mother would be reflected. [Ritika Prasad v. Guru Gobind Singh Indraprastha University, 2024 SCC OnLine Del 1728, decided on 07-03-2024] *Judgment authored by- Justice C. Hari Shankar...

https://www.scconline.com/blog/post/2024/03/11/delhi-hc-directs-ggsipu-to-include-mothers-name-in-degrees-certificates-scctimes/