Cong MP moves bill to deal with lynching, vigilantism

News Network
August 6, 2017

New Delhi, Aug 6: Rejecting government argument that existing laws are enough to deal with mob lynching and cow vigilantism, a Rajya Sabha MP has now sought amendments to the penal code to provide stricter punishments for such crimes.

Congress MP from Maharashtra Husain Dalwai has moved a private member's bill -- The Indian Penal Code (Amendment) Bill 2017 -- last week saying there can be "no culture of state indifference or impunity" in cases where a particular community becomes the target.

Ministry of State for Home Hansraj Ahir on July 19 told Rajya Sabha that there are no plans to amend the Criminal Procedure Code (CrPC) and IPC or bring a new law to deal with mob lynching and cow vigilantism. He said existing laws are sufficient to deal with murder committed by "one person or ten persons".

However, Dalwai disagrees and said there is a need to define hate crimes and vigilantism due to the “alarming rise” in attacks which are motivated by bias or prejudice due to religion, caste, choice of attire or eating. The bill envisages an imprisonment of up to five years for those involved in such crimes and life imprisonment in case there is death.

“Such attacks are either driven by an ideology in which case it takes the shape of a hate crime or it is driven by an urge to take the law into their own hands and punish the victims on mere suspicion of an offence have been committed,” the Statement of Objects and Reasons of the bill said.

It said hate crimes, as well as vigilantism, are treated as offences in many countries, attracting even stricter punishment than ordinary crimes because they "tend to offend public tranquillity, create a feeling of disharmony and undermine the faith of people" in law and justice machinery.

"There can be no culture of state indifference or impunity in such cases as they speak of a larger malaise rather than one-off and disconcerted incidents," it said.

The Opposition parties have raised pitch over cow vigilantism in both Houses of Parliament in the ongoing Monsoon session, accusing the BJP-led government of encouraging organisations behind the violence by cow vigilantes.

A series of incidents involving cow vigilantes had rocked the country in the past couple of years with opposition leaders saying there were at least 50 such incidents in the recent past.

On its part, the BJP said Prime Minister Narendra Modi has repeatedly come out strongly against such acts.

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News Network
January 15,2020

Mumbai, Jan 15: A relative of Maharashtra Chief Minister Uddhav Thackeray was killed and three others injured when their car met with an accident on Mumbai-Nashik highway, police said on Wednesday.

The mishap took place at Sinnar in Nashik on Tuesday night when the CM's sister-in-law Vina Karande and six other relatives were returning from Shirdi in a sports utility vehicle (SUV), Nashik (Rural) Superintendent of Police Aarti Singh said.

The car driver apparently lost control over the wheels, following which the vehicle overturned on a roadside while passing through a narrow bridge, located around 190 km from here, the official said.

They were rushed to a hospital in Nashik where Ajay Karande, husband of Vina Karande, died during treatment, the official said.

The three others were undergoing treatment at the hospital, the police said, adding that their condition was reported to be out of danger.

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News Network
May 20,2020

Thiruvananthapuram, May 20: As COVID-19 count surges to 666 with 24 new cases reported on Wednesday, Kerala Chief Minister Pinarayi Vijayan has said that if cases keep increasing in this manner, then the State will be in a 'serious situation.'

Out of 24 new patients, 12 have returned from abroad, 11 others from other States and one has been infected by a contact. Now, total positive cases in the State stand at 666 including 161 active cases, Chief Minister Vijayan said at press meet.

"If the number of COVID-19 cases increases like this, then the State will be in a serious situation. We have given more relaxations in lockdown guidelines. We need to have more strict measures in some areas," he said.

Speaking about the people who are coming to Kerala from other States, he stressed that all people coming from outside are "not carriers." However, the State has to tighten the security as some among those people are "carriers."

The Chief Minister while clearing that there is no restriction for the people to come back to Kerala, said: "Lakhs of people residing in other states cannot come together."

"There is no relaxation in containment areas. Those who came from outside have to be in quarantine. This is their moral responsibility. The State has implemented home quarantine successfully. Various level committees like ward committee, neighbours and residential associations are monitoring the people in quarantine," he said.

Chief Minister Vijayan has directed the police to visit people under home quarantine to take their report and district panchayat to make sure that all panchayats are working in a proper manner.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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