Dec 16 gangrape: Delhi HC refuses to stop juvenile's release

December 18, 2015

New Delhi, Dec 18: Decks were cleared for the release on Sunday of the juvenile convict in the horrific December 16, 2012 gangrape case with the Delhi High Court today refusing to intervene, saying he cannot be stopped from walking free under the existing provisions of law.

delhi-high-court1 13The convict, now 20-year-old, is expected to walk out of the reformation home on December 20, at the end of his three- year jail term unless there is a stay from the Supreme Court.

Brushing aside the public outcry against his release, a high court bench of Chief Justice G Rohini and Justice Jayant Nath directed the Juvenile Justice Board to interact with the convict, his parents and concerned officials of Department of Women and Child Development regarding his "rehabilitation and social mainstreaming".

The bench said BJP leader Subramanian Swamy's plea seeking stay on the release of juvenile convict cannot be allowed as the statutory and existing law was coming in its way.

"Having regard to the fact that the maximum stay that can be directed in the Special Home under Section 15(1) of the Juvenile Justice Act is three years and that the convict would be completing the period of three years by December 20, 2015, there cannot be any direction to continue his stay in the special home beyond December 20. Hence, we decline to issue any direction as prayed by the petitioner," the bench said while allowing the convict to walk free.

Six persons, including the juvenile, had brutally assaulted and raped a 23-year-old girl in a moving bus in south Delhi on December 16, 2012. The victim had died in a Singapore hospital on December 29, 2012.

Mukesh, Vinay, Pawan and Akshay were awarded death penalty by trial court in the gang rape and murder case which was later confirmed by Delhi High Court. Their appeals are pending before the Supreme Court.

Accused Ram Singh had allegedly committed suicide in Tihar Jail on March 11, 2013, and proceedings against him were abated following his death.

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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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Agencies
August 5,2020

Ayodhya, Aug 5: After laying the foundation stone for the Ram temple in Ayodhya on Wednesday, Prime Minister Narendra Modi termed the 'bhoomi pujan' event as an "emotional moment" for the entire country and added that "every heart is illuminated today".

"Every heart is illuminated; it is an emotional moment for the entire country... A long wait ends today... A grand temple will now be built for our Ram Lalla who had been living under a tent for many years," said Prime Minister Modi at foundation stone-laying ceremony of the Ram temple.

"With the construction of this temple, not only history is being made, but is being repeated. 

The way boatmen to tribals helped Lord Ram, the way children helped Lord Krishna lift Govardhan mountain, similarly, with everyone's efforts temple construction will be completed," he added.

Earlier today, Prime Minister Modi conducted 'bhoomi pujan' for the construction work of Ram temple.

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Agencies
August 5,2020

Ayodhya,  Aug 5: The Saryu Ghat was seen decorated ahead of the foundation stone-laying ceremony of the Ram Temple in Ayodhya on Wednesday.

In wake of the COVID-19 pandemic, sanitisation work was also done at the Hanuman Garhi temple in the morning ahead of the Prime Minister's visit. Strict security and COVID-19 protocols will be followed at the temple.

Prime Minister Modi will perform 'pooja' at Hanuman Garhi and Shree Ramlala Virajman before performing 'bhoomi pujan' of the Ram Temple in Ayodhya, the Prime Minister's Office (PMO) had informed on Tuesday.

He will unveil a plaque to mark the laying of the foundation stone and also release a commemorative postage stamp on 'Shree Ram Janmabhoomi Mandir'.

Around 175 eminent guests have been invited for the ‘bhoomi pujan’ of the Ram Janmbhoomi Mandir. Besides Prime Minister Modi, RSS chief Mohan Bhagwat, Mahant Nritya Gopaldas Maharaj, Uttar Pradesh Governor Anandiben Patel and Uttar Pradesh Chief Minister Yogi Adityanath will be present on stage.

"175 eminent guests have been invited for the ‘bhoomi pujan’ of Shri Ram Janmbhoomi Mandir. 135 Pujya Sants belonging to 135 spiritual traditions will be present in the programme. Some eminent citizens of Ayodhya have also been invited," as per Shri Ram Janmbhoomi Teerth Kshetra.

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