Juvenile accused: SC notice to Centre on father's plea

December 2, 2013

Juvenile_accusedNew Delhi, Dec 2: The Supreme Court on Monday issued notice to the Centre on a plea of the father of the December 16 gangrape victim that the juvenility of an accused needs to be ascertained by a criminal court and not by the Juvenile Justice Board.

A bench headed by Justice B.S. Chauhan also asked the Ministry of Women and Child development to file its response within four weeks on the issue of ascertaining the ‘minority of an offender’ in heinous cases.

It also sought the records including the statement of the victim that implicated the juvenile offender in the sensational case.

The victim’s father has moved the apex court seeking directions to put one of the accused who was then a minor on trial by a criminal court by quashing a law that bans such prosecution of juveniles.

The juvenile, who was six months short of 18 years at the time of incident, was convicted for gangrape and murder of the 23-year-old girl but he got away with a maximum of three years imprisonment mandated under the juvenile law by the Juvenile Justice Board in New Delhi.

The father of the victim, who had said the August 31 verdict of the Board was not acceptable to the family, has filed the petition in the apex court, saying since they are challenging the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act 2000, there is no other authority concerned to which they can approach for such relief.

The victim’s father has sought a direction to declare “as unconstitutional and void the Juvenile Justice (Care and Protection of Children) Act to the extent it puts a blanket ban on the power of the criminal courts to try a juvenile offender for offences committed under the IPC”.

The petition filed through advocate Aman Hingorani said the juvenile “is liable to be tried and punished by the criminal courts for the aforesaid offences, complete with the judicial discretion on established principles of law regarding the award of sentence keeping in view, amongst other factors, the nature and gravity of the offence”.

The petition referred to the trial court verdict by which four adult accused were convicted and sentenced to death and sought similar trial for the then juvenile offender, who has now turned major.

“One of the accused (Respondent No 2 -- juvenile), however, has not been tried at all for the offences committed under the Indian Penal Code by the criminal court on the premise that he is a juvenile in conflict with law aged 17 years,” the petition, in which the Centre and the accused have been named as respondents, said.

It also stated that “the blanket protection to juvenile offenders from being tried by the criminal courts for offences under the IPC, is an instance of legislative adjudication, and hence unconstitutional”.

On the night of December 16, 2012, the girl was gangraped and brutally assaulted by six persons in a moving bus here.

One among them was the juvenile, so he was tried by the Board.

The victim succumbed to her injuries in a Singapore hospital on December 29, last year.

The four adult accused -- Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh -- were tried by a fast-track court which awarded them death penalty. Now the sentence is before the Delhi High Court for confirmation.

Another accused Ram Singh was found dead on March 11 in his cell in Tihar Jail and the trial against him had been abated.

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News Network
March 31,2020

Srinagar, Mar 31: In order to prevent the spread of coronavirus, the Jammu and Kashmir administration on Tuesday declared 20 villages of Kashmir division as 'red zone'.
"20 villages including Parray Mohala Hajin, Chandergeer Hajin, Batagund Hajin in Bandipora district, Gudoora, Chandgam, Pinglena, Parigam, Abhama, Sangerwani and Khaigam in Pulwama district, Waskura in Ganderbal, Sedew, and Ramnagri in Shopian district have been declared as red zones," said Department of Information and Public Relations, J-K, in a tweet.

In Srinagar district, Mehjoor Nagar, Natipora, Lal Bazar, Eidgah and Shalteng villages have been declared as red zones.

"Chadoora in Budgam district of Kashmir division has also been declared as red zone," another tweet said.

The total number of COVID-19 cases in Jammu and Kashmir climbed to 49 after 11 more people tested positive in the Union Territory on Monday. While three of these cases were reported from Jammu region, eight were from the Kashmir division.

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News Network
February 14,2020

New Delhi/Washington, Feb 14: India has offered to partially open up its poultry and dairy markets in a bid for a limited trade deal during US President Donald Trump's first official visit to the country this month, people familiar with the protracted talks say.

India, the world's largest milk-producing nation, has traditionally restricted dairy imports to protect the livelihoods of 80 million rural households involved in the industry.

But Prime Minister Narendra Modi is trying to pull all the stops for the US President's February 24-25 visit, aimed at rebuilding bonds between the world's largest democracies.

In 2019, President Trump suspended India's special trade designation that dated back to 1970s, after PM Modi put price caps on medical devices, such as cardiac stents and knee implants, and introduced new data localization requirements and e-commerce restrictions.

President Trump's trip to India has raised hopes that he would restore some of the country's US trade preferences, in exchange for tariff reductions and other concessions.

The United States is India's second-largest trade partner after China, and bilateral goods and services trade climbed to a record $142.6 billion in 2018. The United States had a $23.2 billion goods trade deficit in 2019 with India, its 9th largest trading partner in goods.

India has offered to allow imports of US chicken legs, turkey and produce such as blueberries and cherries, government sources said, and has offered to cut tariffs on chicken legs from 100 per cent to 25 per cent. US negotiators want that tariff cut to 10 per cent. The Modi government is also offering to allow some access to India's dairy market, but with a 5 per cent tariff and quotas, the sources said. But dairy imports would need a certificate they are not derived from animals that have consumed feeds that include internal organs, blood meal or tissues of ruminants.

New Delhi has also offered to lower its 50 per cent tariffs on very large motorcycles made by Harley-Davidson, a tax that was a particular irritant for President Trump, who has labelled India the "tariff king." The change would be largely symbolic because few such motorcycles are sold in India.

President Trump will be feted in PM Modi's home state of Gujarat, then hold talks in New Delhi and attend a reception that the hosts have promised will be bigger than the one organised for former president Barack Obama in 2015.

But it is far from clear whether India's offers will be enough to satisfy US Trade Representative Robert Lighthizer, who cancelled plans for a trip to India this week. Instead, he has held telephone talks with Commerce Minister Piyush Goyal.

The US dairy industry remained sceptical on Thursday that a viable deal is at hand.

"We're always looking for market access, but in terms of India, as of today I'm not aware of any real progress going on," said Michael Dykes, president of the International Dairy Foods Association and a member of USTR's agricultural trade policy advisory committee.

Mr Dykes said the US dairy industry was looking for access in viable commercial quantities.

A USTR spokesman and India's trade ministry did not respond to requests for comment.

A parliament panel is reviewing a draft data privacy law that imposes stringent controls over cross-border data flows and gives the government powers to seek user data from companies.

It is not clear whether it will be passed, or in what form, but the possibilities have unnerved US companies and could raise compliance requirements for Google, Amazon.com Inc, and Facebook.

The draft law is not part of the trade discussions, Indian officials say, because the issue is too difficult to resolve at the same time.

"The privacy and localization piece will be raised independently and in concert with the trade discussions," said a Washington-based source with knowledge of the US administration's thinking.

President Trump on Tuesday was non-committal about sealing a trade deal before his visit. "If we can make the right deal, we'll do it," he told reporters.

Two US sources said progress had been made on proposed alterations to the medical device price caps. India's new import tariffs on medical devices, walnuts, toys, electronics and other products on February 1 surprised US negotiators, however.

The new tariffs were aimed at China, which also makes medical devices, according to an Indian government source. "We have to protect our market and our companies," the source said.

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News Network
June 20,2020

New Delhi, Jun 20: The government-imposed upper and lower limits on airfares may be extended beyond August 24 depending upon how the situation turns out, Aviation Secretary P S Kharola said on Saturday.

The government resumed domestic passenger flights from May 25 after nearly two months of suspension to combat the coronavirus outbreak, but placed lower and upper limits on airfares depending upon the flight duration.

It had said on May 21 that these limits would be in place for a period of three months.

"Depending on how the situation turns out, the fare band may have to adjusted beyond that (August 24) also. But right now, it is only for three months," Kharola said at a press conference here.

International passenger flights continue to remain suspended in the country.

However, the government started Vande Bharat Mission on May 6 to help stranded people reach their destinations through special flights.

Aviation Minister Hardeep Singh Puri said at the conference that during phase 3 and phase 4 of the mission, private domestic airlines have been approved to operate 750 international flights to repatriate people stranded amid the coronavirus pandemic.

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