Supreme Court issues notice to Centre on plea over cattle law

Agencies
July 3, 2019

New Delhi, Jul 3: The Supreme Court has issued a notice to the central government on a plea challenging validity of certain provisions amended in the Prevention Of Cruelty To Animals Act which deprives a person from ownership of cattle during the pendency of trial.

The earlier provision prescribed that the custody of an animal can be taken only after the owner has been convicted.

A Division Bench of Justices S.A. Bobde and B.R. Gavai asked the central government to file reply on the plea within four weeks.

The court was hearing a public interest litigation filed by NGO Buffalo Traders Welfare Association through its President, Mohd. Aqil Qureshi.

Representing the association, advocate Sanobar Ali Qureshi requested the court to set aside certain provisions of the Prevention Of Cruelty To Animals (Care And Maintenance Of Case Property Animals), Rules 2017 which was amended via centre's notification dated May 23 2017.

Calling it as unconstitutional, the petitioner said that the amended rules are contrary to the section 29 and 35 of the Prevention of the Cruelty to Animals, 1960 and against the Constitution.

The petitioner's society challenged notification, particularly Rule 3, 5, 8 and 9 of the animal act which permits the forfeitures of the animals and sends the animals to Gaushala, Pinjrapole, infirmary, if the owner pleads guilty and as such not release the animals even during the pending litigation.

Rule 3 empowers the magistrate to direct the animal to be housed at an infirmary, pinjrapole, animal welfare organisation or Gaushala during the pendency of the litigation.

Rule 5 empowers a magistrate to direct the accused and the owner to execute a bond at the time of handing over the animal to the infirmary.

Rule 8 says that in case an accused is found guilty, the magistrate shall deprive him of the ownership of animal and forfeit the seized animal to the infirmary, pinjrapole, animal welfare organisation or Gaushala already having custody for proper adoption or other disposition.

According to Section 29, an animal maybe forfeited on the second conviction of the accused under the provisions of the act.

"However, the impugned rules allow forfeiture during the pendency of litigation and on the first conviction and are thus ultra-vires the parent Act," the petitioner said.

The advocate said that after the notification of the impugned rules, transporters, cattle traders and farmers are facing threats due to anti-social elements taking law in their own hands.

"This results in frequent looting of the animals. It is pertinent to mention that these frequent lootings are also threatening the rule of law and generally emboldening groups of persons to take the law into their own hands," the advocate said.

He said that these incidents are acting as trigger for communal polarization of the society, and if not halted effectively and immediately, will have disastrous consequences on the social fabric of the country.

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News Network
March 18,2020

San Francisco, Mar 18: Facebook said a bug in its anti-spam system temporarily blocked the publication of links to news stories about the coronavirus. Guy Rosen, Facebook's vice president of integrity, said on Twitter Tuesday that the company was working on a fix for the problem.

Users complained that links to news stories about school closings and other information related to the virus outbreak were blocked by the company's automated system.

Later on Tuesday, Rosen tweeted that Facebook had restored all the incorrectly deleted posts, which also covered topics beyond the coronavirus.

Rosen said the problems were unrelated to any changes in Facebook's content-moderator workforce. The company reportedly sent its human moderators home this week because of the coronavirus outbreak.

A representative for Facebook did not immediately respond to questions on the status of Facebook's content moderators, many of whom do not work directly for the company and are not always able to work from home.

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News Network
June 18,2020

Beijing, Jun 18:  Besides washing hands and wearing masks, it is also important to close the toilet lid before flushing to contain the spread of COVID-19, as per a new study.

According to a new study cited by The Washington Post, scientists who simulated toilet water and airflows, have found that flushing a toilet can generate a plume of virus-containing aerosol particles that is widespread and can linger in the air long enough to be inhaled by others. The novel coronavirus has been found in the faeces of COVID-19 patients, but it remains unknown whether such clouds could contain enough virus to infect a person.

"Flushing will lift the virus up from the toilet bowl," co-author Ji-Xiang Wang, who researches fluids at Yangzhou University in Yangzhou, China, said in an email. Wang stressed that bathroom users "need to close the lid first and then trigger the flushing process" and wash hands properly if the closure is not possible. As one flushes the toilet with the lids open, bits of faecal matter swish around so violently that they can be propelled into the air, become aerosolised and then settle on the surroundings.

Experts call it the "toilet plume".Age-old studies have been made to understand the potential for airborne transmission of infectious disease via sewage, and the toilet plume's role. Scientists who have seeded toilet bowls with bacteria and viruses have found contamination of seats, flush handles, bathroom floors and nearby surfaces. This is one reason we are told to wash our hands after visiting the toilet. Public bathrooms are well known to contribute to the spread of viruses that transmit via ingestion, such as the noroviruses that haunt cruise ships. However, their role in the transmission of respiratory viruses has not been established, said Charles P Gerba, a microbiologist at the University of Arizona."The risk is not zero, but how great a risk it is, we do not know. The big unknown is how much virus is infectious in the toilet when you flush it ... and how much virus does it take to cause an infection," said Gerba, who has studied the intersection of toilets and infectious disease for 45 years.

A study published in March in the journal Gastroenterology found significant amounts of coronavirus in the stool of patients and determined that viral RNA lasted in faeces even after the virus cleared from the patients` respiratory tracts. While another study in the journal Lancet found coronavirus in faeces up to a month after the illness had passed.

Scientists around the world are now studying sewage to track the spread of the virus. According to the researchers, the presence of the virus in excrement and the gastrointestinal tract raises the prospect of transmission via toilets, because many COVID-19 patients experience diarrhoea or vomiting.

A study of air samples in two hospitals in Wuhan, China found that although coronavirus aerosols in isolation wards and ventilated patient rooms were very low, "it was higher in the toilet areas used by the patients".The Centers for Disease Control and Prevention (CDC) says it remains "unclear whether the virus found in faeces may be capable of causing COVID-19," and "there has not been any confirmed report of the virus spreading from faeces to a person".For now, the CDC characterises the risk as low based on observations from previous outbreaks of other coronaviruses such as severe acute respiratory syndrome (SARS) and the Middle East respiratory syndrome (MERS). Wang decided to use computer models to simulate toilet plumes while isolating at home, as per Chinese government orders and thinking about how a fluids researcher "could contribute to the global fight against the virus".

Published in the journal Physics of Fluids, the study found that flushing of both single-inlet toilets, which push water into the bowl from one port, and annular-inlet toilets, which pour water into the bowl from the rim's surrounding edge with even greater energy, results in "massive upward transport of virus".

Particles can reach heights of more than three feet and float in the air for more than a minute, it found. The paper recommends not just lid-closing and hand-washing, it urges manufacturers to produce toilets that close and self-clean automatically. It also suggests that toilet-users should wipe down the seat. Gerba, however, said seats should not be a major concern.

Research has found that public and household toilet seats are typically the cleanest surfaces in restrooms, he said, probably because so many people already wipe them off before using them. Also, he said of SARS-CoV-2, the virus that causes COVID-19, "I don't think it's butt-borne, so I don`t think you have to worry."Gerba, who has been studying coronavirus transmission for two decades to investigate the role of a toilet flushing in a SARS outbreak stresses "flush and run" when using a public toilet without a lid. Gerba also said that people should wash hands well post-flushing and use hand sanitiser after leaving the restroom. "Choose well-ventilated bathrooms if possible and do not hang around the restroom in any case," added Gerba.

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Agencies
June 18,2020

New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

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