SC: Dependent mother-in-law can get payout for man’s death

SC: Dependent mother-in-law can get payout for man’s death

AmitAnand.Choudhary@timesgroup.com

New Delhi:26.10.2021

Holding that Motor Vehicles (MV) Act should be given a wider interpretation and all dependents of a deceased be allowed to claim compensation, the Supreme Court on Monday ruled that a dependent mother-in-law is also entitled to claim in case of death of her son-in-law.

“In our view, the term ‘legal representative’ should be given a wider interpretation for the purpose of Chapter XII of MV Act and it should not be confined only to mean the spouse, parents and children of the deceased. As noticed above, MV Act is a benevolent legislation enacted for the object of providing monetary relief to the victims or their families. Therefore, the MV Act calls for a liberal and wider interpretation to serve the real purpose underlying the enactment and fulfil its legislative intent,” a bench of Justices S Abdul Nazeer adn Krishna Murari said.

“We are also of the view that in order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency,” it said.

Don’t give OTC meds to toddlers: Docs

Don’t give OTC meds to toddlers: Docs

Amrita.Didyala@timesgroup.com

Hyderabad:26.10.2021

The prevalence of fever, cough and cold during this time of the year has led to increase in the use of over the counter (OTC) medicines. However, the use of OTC medicines which are unsuitable for kids has also seen parents rushing their toddlers to emergency wards.

In one instance, a fivemonth-old had to be taken to hospital after turning blue a day after being given an OTC cough syrup. The baby had choked on milk after becoming drowsy due to the cough syrup. A resuscitation was required to save the baby. In a similar incident, an eightmonth-old fell off the bed and received serious injuries after becoming drowsy due to a cough syrup.

“While it is not very common, we do need to be aware this is a possibility and that cough syrups, paracetamol and antibiotics are not harmless. Cough syrups contain dextromethorphan which has a potential for addiction and lot of teenagers are getting hooked on to these. In case of infants, they can even become unconscious, land in a coma and have a stroke as cough syrups have a vasoconstriction effect,” said Dr Sudhir Kumar, consultant neurologist at Apollo Hospital.

Experts said it was also alarming that kids may be unknowingly developing antibiotic resistance. “In rare cases, it can lead to liver failure, unconsciousness, drowsiness and reduced attention. This can happen with overuse of cough syrups, paracetamol syrups and drops. Although very few kids land in emergency, some may experience unpleasant side-effects and develop antibiotic resistance early on in life,” said consultant for paediatrics and pulmonology at Ankura Hospitals, Dr Srinivas Jakka.

In case of cough and cold, some OTC medicines suppress secretions but can have a much severe rebound.

“There will be a reboundwith copious flow of secretions from the nose when you stop these medicines. Prolonged usage can result in something called rhinitis medicamentosa wherein the medicines themselves cause persistent cold. These medicines are definitely not recommended for toddlers,” explained Dr Shivranjani Santosh, chief paediatrician at Magna Centres.

ALARMING TREND

Marriage recognised only between man & woman, says Centre

Marriage recognised only between man & woman, says Centre

Abhinav.Garg@timesgroup.com

New Delhi:26.10.2021

Marriage is recognised only between “a biological man and a biological woman” under the Indian law, the Centre on Monday told Delhi High Court, reiterating its stand.

“The law as it stands...personal laws are settled, and marriage, which is contemplated, is between a biological man and a biological woman,” solicitor general Tushar Mehta submitted before a bench of Chief Justice D N Patel and Justice Jyoti Singh, opposing a clutch of petitions seeking recognition/registration of samesex marriages.

Mehta echoed the government’s earlier stand disclosed in an affidavit that a “spouse” means either a husband or a wife and “marriage” is a term associated with heterosexual couples.

“The issue here is whether marriage is permissible between homosexual couples. Your lordships have to see that. There are some misconceptions regarding the Navtej Singh Johar case. It merely decriminalises consensual homosexual act. It does not talk about marriage,” Mehta contended, adding that there is no need for the Centre to file any specific reply regarding Citizenship Act, which has also been invoked by certain petitioners. During a short hearing, the bench also heard the counsel for the petitioners. Advocate Karuna Nandy, appearing for one of the couples, said they got married in New York and the laws applicable in their case were Citizenship Act, Foreign Marriage Act (FMA) and Special Marriage Act.

She pointed out that Centre had not yet filed a reply to her clients’ plea that highlighted how Citizenship Act was silent on the gender and sexuality of the spouse and it provided that a person married to an overseas citizen of India (OCI) whose marriage was registered and subsisting for two years should be declared eligible to apply as a spouse for an OCI card.

Senior advocate Saurabh Kirpal, representing another set of petitioners, said the SC verdict on homosexuality might not have expressly allowed same-sex marriage, but constitutional jurisprudence required interpretation and the verdict favoured recognising it.

T medical staff still shy away from Covid jab

T medical staff still shy away from Covid jab

Sribala.Vadlapatla@timesgroup.com

Hyderabad:26.10.2021

An internal analysis of the health department has revealed how medical personnel in large numbers are refusing to take Covid-19 vaccine saying there is no need for it when there isn’t any spike in the cases.

With many districts still lagging in achieving the 100 per cent vaccination target, authorities are clearly worried.

In Medchal-Malkakgiri, a large portion of which falls within the Greater Hyderabad Municipal Corporation (GHMC), the number of those who have not received even a single dose remains high.

Concerns over the vaccine’s effectiveness have also been cited as a reason for high hesitancy among the frontline workers.

According to sources, nursing professionals and paramedics in districts like Medchal and Nalgonda are unwilling to take the jab. "It is quite strange that many individuals believe taking precautions to protect themselves from Covid-19 is preferable to taking a vaccine," an official said.

Vaccine must in festive season: Expert

Social media is flooded with footage of people fleeing from health workers attempting to administer vaccines to them, particularly in rural areas.

“Despite massive awareness campaigns, it is unfortunate that many people, including health staff, are harbouring these myths,” a top official said.

Experts said it was incorrect to assume that vaccine should be taken when only if there is an increase in the number of cases.

Many health and science research organizations, including the World Health Organization (WHO), have long said that taking two doses of the vaccine help in decreasing the severity of infection and reducing the death rate.

"After the completion of two doses of vaccine, it will take at least 40 days before antibodies are produced. It would mean that vaccine doses are crucial,”Dr Kiran Madala, an Indian Council for Medical Research (ICMR) certified researcher told TOI.

Madala said, “Since the festive season will last through January, it is best to get vaccinated.”

Many health and science research organizations, including World Health Organization (WHO), have said taking two doses helps in decreasing the severity of infection

Panel to probe med varsity scam: Govt informs HC

Panel to probe med varsity scam: Govt informs HC

TIMES NEWS NETWORK

Bhopal/Jabalpur:26.10.2021

The state government informed a division bench of the MP high court that in compliance to its order, a five-member committee headed by a retired judge of the high court, Justice K K Trivedi, has been constituted to probe the marksheet scam and allegations of financial irregularities in the MP Medical University. The committee will present its report in a month.

In response to three petitions relating to the marksheet scam, corruption and other irregularities in MP Medical University, the court had directed the state government to appoint a committee headed by a retired judge of the high court to probe the matter, while dissolving the eight-member committee formed by the state government led by an additional collector. It was pointed out to the court that in-charge registrar of the university, Dr J K Gupta, had probed the allegations of manipulation of marksheets by the company, which was given contract by the university to organise exams on its behalf and prepare the marksheets. He had found the allegations prima facie right and subsequently the contract with the company- M/s Mind Logic Company- was suspended.

It was also pointed out that the past record of the company has been dubious and Agra Medical University had lodged an FIR against the company in a similar scam. The petitioners contended that Dr J P Gupta was later removed and vice-chancellor of the university Dr T N Dubey also resigned in the wake of the marksheet scam, but exam controller Dr Vrinda Gupta continues to occupy the post.

No substantial action was taken against the company in question either. In the reply presented in the court on behalf of the chief secretary, the court was informed that a committee headed by an ADM was looking into allegations of marksheet scam and other irregularities but the court ordered dissolution of the committee and constitution of a committee headed by a retired high court judge to probe the allegations.

BU convocation ceremony at Minto Hall today

BU convocation ceremony at Minto Hall today

TIMES NEWS NETWORK

Bhopal:26.10.2021

For the first time, Barkatullah University (BU) will organise the convocation at Minto Hall. The function will be organised on Tuesday.

BU officials said that the degree will be given to the registered students by the Governor and Chancellor of the university, Mangu Bhai Patel.

Preparations of the function are being monitored by vice-chancellor professor R J Rao, registrar Dr I K Mansoori deputy registrar Ajit Srivastava, chairman and members of various committees.

Around 140 students will be receiving their degrees while 50 students will get PhD degrees. Other students’ UG and PG degrees too will be awarded in this convocation. Gold medals will also be given to 25 students, said the officials.

Ceiling for OBCs, EWS: Both ₹8L, but difference is in income components

Ceiling for OBCs, EWS: Both ₹8L, but difference is in income components

Subodh.Ghidiyal@timesgroup.com

New Delhi:26.10.2021

The Rs 8 lakh income-ceiling for OBC ‘creamy layer’ as well as the cap to qualify as economically weaker sections (EWS) for forward caste quotas is same on the face of it, yet different in substance by way of what sources of income are included in the calculations making the math tougher for forward quotas. But, while projecting this substantive distinction between the two caps may help the government duck the charge that “unequals are being made equals”, the BJP regime is actively working to bring them at par.

The Supreme Court’s query to the government on how it arrived at Rs 8 lakh for EWS quota has prised open a tricky debate, the primary being if gradually, a parity is being drawn between the OBC category, which has social backwardness as a key parameter, and the EWS that largely comprises the forward communities with only poverty as criteria.

With all eyes being on the affidavit the social justice ministry will file in the apex court, it is evident that Rs 8 lakh is significantly different in the two categories, the income bar for EWS being a stricter norm than that for Other Backward Classes (OBCs).

The gross family income for EWS, beyond which a candidate is rendered ineligible for quotas, includes ‘income from all sources’ whereas the same in case of backwards excludes ‘salary’ and ‘agriculture income’. According to experts, ‘salary’ is the main difference between the two categories since agriculture income is not verifiable because it is not taxable.

Yet, any attempt by government to project the method of calculation of family income as being different and more exclusionary for EWS then for OBCs maybe fraught with risk — the reason being that the government plans to narrow the gap between the formula for two family incomes and virtually bring them at the same level.

The government has proposed to tweak the criteria for family income of OBCs by including ‘salary’ in the total income, which is a major departure from the governing 1993 memorandum on ‘creamy layer’ which lays down that ‘salary’ will not be part of the total income.

The cabinet proposal last February triggered a major opposition, including from the national commission for backward classes. It is since lying with the government and the issue is being treated as pending.

Though among other differences between OBC and EWS is the family size included in gross family income — which is larger for EWS than for OBCs, it is in practice seen as prone to misrepresentation, which only makes EWS ceiling strict on paper.

NEET-PG counselling will not start without approval: SC

New Delhi:

The Supreme Court on Monday asked the Centre to put on hold the counselling for National Eligibility cum Entrance Test (NEET) PG until it decides the validity of the Centre's decision to introduce OBC and EWS reservation in All India Quota (AIQ).

A bench headed by Justice DY Chandrachud said the NEET-PG counselling will not start without its approval as the court is examining a plea against the Centre's decision for medical admission. The Central government also assured the apex court that the counselling process will not commence till the Bench decides the matter.

Additional Solicitor General (ASG) KM Nataraj, appearing for the Centre, gave the assurance to the apex court, which the court took into the note. The Bench observed that students will be in serious problems if the counselling process goes ahead as scheduled. The top court was told that it has been announced that the counselling will begin from October 25.

The assurance of the Centre came after senior advocate Arvind Dattar, appearing for some NEET candidates, mentioned that by the time the court decides the pending batch of petitions, challenging the July 29 notification, introducing the quota from this academic year, the entire process of admission will be over and serious prejudice would be caused to the students. The SC was hearing a batch of pleas challenging the July 29 notice providing 27% quota OBC and 10% for EWS category for the admission in the NEET for all medical seats. ANI