Trump faces criticism for pardoning Indian-American

Agencies
June 1, 2018

New York, Jun 1: US President Donald Trump's decision to pardon Indian-American conservative commentator Dinesh D'Souza is being strongly criticised here, with New York Attorney General Barbara Underwood describing it as thwarting the cause of justice.

On Thursday, Trump pardoned D'Souza, who was sentenced to five years of probation in 2014 for violating federal campaign laws.

"Trump’s latest pardon makes crystal clear his willingness to use his pardon power to thwart the cause of justice, rather than advance it. By pardoning Dinesh D’Souza, President Trump is undermining the rule of law by pardoning a political supporter who is an unapologetic convicted felon," Underwood said in a statement.

The president, who has never met D'Souza or spoken to him, last night called him on the phone to inform him about his decision. Trump said he spoke to D'Souza "for three minutes last night...he almost had a heart attack.”

Referring to previous pardons by Trump, Underwood said "we can’t afford to wait to see who will be next."

Underwood called on lawmakers to act now to close New York's double jeopardy loophole and ensure that anyone who evades federal justice by virtue of a politically expedient pardon can be held accountable if they violate New York law.

In April, the Attorney General's office sent a letter to state lawmakers urging them to close a loophole in New York’s double jeopardy law. Closing the loophole would ensure that individuals who broke New York law could not evade accountability for any state crimes as a result of a strategically-timed pardon by the president.

The New York Times, in a scathing editorial on Trump’s pardon of D’Souza, said the president "uses whatever power he has to attack the people he feels have wronged him, and he will do what he feels he must to protect himself. For him, pardons are a means of vengeance."

The editorial titled "Dinesh D’Souza? Really?” said the message that can be taken from Trump’s executive clemency is that "maybe the president is sending a signal of loyalty and reassurance to friends and family members who may soon find themselves facing similar criminal charges in connection with the special counsel’s Russia inquiry."

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News Network
June 18,2020

Amsterdam, Jun 18: A statue of Mahatma Gandhi has been vandalised here in the capital of Netherlands by unknown miscreants with graffiti and spray painting, amid a wave of attacks on controversial figures following the protests around the world after the custodial killing of African-American George Floyd, according to media reports.

The statue of Gandhi on the Churchilllaan in Amsterdam was covered with red paint and the pedestal has 'racist' and an abbreviation for an expletive against the police chalked on it, Metro, the Dutch newspaper, reported.

According to alderman Rutger Groot Wassink, the municipality will file a declaration for daubing.

"Obviously, we are opposed to any form of vandalism and daubing of these things is completely unacceptable," the city official was quoted as saying by the AD.nl.

"It is logical that we will file a declaration, the image will be cleaned," Wassink said.

It is not yet known who is behind the daubing. An employee of the Kunstwacht, who provides maintenance and repairs, says that the cleaning work can take hours.

A 75-year-old man saw the daubs on Wednesday and called the municipality. “I have lived here for forty years and I have never experienced this. I have been watching the statue for years," the man said.

Since the death of 46-year-old Floyd on May 25 in Minneapolis, US, and subsequent worldwide Black Lives Matter protests, there has been much debate about street names and statues of people with a colonial past. All over the world, statues of controversial historical figures are brought down or defaced.

Recently, images and buildings have been defaced in various places that refer to the colonial past of the Netherlands, including the Tropenmuseum in Amsterdam and the statue of Piet Hein in Rotterdam. These are anti-racist expressions that follow the death of Floyd through a white police officer, Metro reported.

Gandhi was known as a champion of human rights and non-violence. But in his twenties, which he spent in South Africa, he still called black people “troublesome, very dirty and they live like beasts” and found that the white people were the “dominant race”. Later he renounced those ideas, the report added.

The statue was unveiled on the Churchillaan on October 2, 1990 in honour of Gandhi's 121st birthday.

The design was made by the sculptor Karel Gomes, who died in 2016. At the time, the plan for the statue came from the Hindu organisation Triveda.

Gandhi is depicted walking, featuring robes around the body, slippers on the feet, a book in one hand and a stick in the other.

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News Network
May 20,2020

United Nations, May 20: Highlighting India's long-standing history of promoting inclusive and peaceful societies, a top UN official on Tuesday voiced concern over incidents of "increased hate speech and discrimination" against minority communities in the country following the adoption of the Citizenship Amendment Act.

Under-Secretary-General and UN Special Adviser on the Prevention of Genocide Adama Dieng, however, welcomed Prime Minister Narendra Modi’s call for unity and brotherhood in the wake of the COVID19 pandemic.

Dieng said in a note to the media on Tuesday that he is "concerned over reports of increased hate speech and discrimination against minority communities in India" since the adoption of the Citizenship Amendment Act (CAA) in December 2019.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

"While the objective of the act, to provide protection to minority communities is commendable, it is concerning that this protection is not extended to all groups, including Muslims. This is contrary to India’s obligations under international human rights law, in particular on non-discrimination,” Dieng said.

The Special Adviser recognised "India’s long standing and well recognised history of promoting inclusive and peaceful societies, with respect for equality and principles of non-discrimination.”

He also welcomed recent statements by Prime Minister Modi that the COVID-19 pandemic “does not see race, religion, colour, caste, creed, language or border before striking and that our response and conduct...should attach primacy to unity and brotherhood.”

Dieng encouraged the Government of India to "continue to abide by this guidance by ensuring that national laws and policies follow international standards related to non-discrimination and to address and counter the rise of hate speech through messages of inclusion, respect for diversity and unity.”

He further reiterated that he would continue to follow developments and expressed his readiness to support initiatives to counter and address hate speech.

The hate speech and the dehumanisation of others goes against international human rights norms and values, he added.

“In these extraordinary times brought about by the COVID-19 crisis it is more important than ever that we stand united as one humanity, demonstrating unity and solidarity rather than division and hate,” he said.

Dieng also expressed concern over reports of violence during demonstrations against CAA in some regions of India.

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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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