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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Agencies
June 19,2020

Denser places, assumed by many to be more conducive to the spread of the coronavirus that causes COVID-19, are not linked to higher infection rates, say researchers.

The study, led by Johns Hopkins University, published in the Journal of the American Planning Association, also found that dense areas were associated with lower COVID-19 death rates.

"These findings suggest that urban planners should continue to practice and advocate for compact places rather than sprawling ones, due to the myriad well-established benefits of the former, including health benefits," says study lead author Shima Hamidi from Johns Hopkins Bloomberg School of Public Health in the US.

For their analysis, the researchers examined SARS-CoV-2 infection rates and COVID-19 death rates in 913 metropolitan counties in the US.

When other factors such as race and education were taken into account, the authors found that county density was not significantly associated with county infection rate.

The findings also showed that denser counties, as compared to more sprawling ones, tended to have lower death rates--possibly because they enjoyed a higher level of development including better health care systems.

On the other hand, the research found that higher coronavirus infection and COVID-19 mortality rates in counties are more related to the larger context of metropolitan size in which counties are located.

Large metropolitan areas with a higher number of counties tightly linked together through economic, social, and commuting relationships are the most vulnerable to the pandemic outbreaks.

According to the researchers, recent polls suggest that many US citizens now consider an exodus from big cities likely, possibly due to the belief that more density equals more infection risk.

Some government officials have posited that urban density is linked to the transmissibility of the virus.

"The fact that density is unrelated to confirmed virus infection rates and inversely related to confirmed COVID-19 death rates is important, unexpected, and profound," said Hamidi.

"It counters a narrative that, absent data and analysis, would challenge the foundation of modern cities and could lead to a population shift from urban centres to suburban and exurban areas," Hamidi added.

The analysis found that after controlling for factors such as metropolitan size, education, race, and age, doubling the activity density was associated with an 11.3 per cent lower death rate.

The authors said that this is possibly due to faster and more widespread adoption of social distancing practices and better quality of health care in areas of denser population.

The researchers concluded that a higher county population, a higher proportion of people age 60 and up, a lower proportion of college-educated people, and a higher proportion of African Americans were all associated with a greater infection rate and mortality rate.

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Agencies
August 2,2020

New Delhi, Aug 2: The National Commission for Women (NCW) has issued notice to some Bollywood celebrities named in a complaint against the promoter of a company for allegedly blackmailing and sexually assaulting a number of girls on the pretext of giving them a career in modelling.

Taking cognizance of the complaint filed by social activist Yogita Bhayana of People Against Rape in India (PARI), the NCW scheduled a virtual hearing presided by its chairperson on August 6.

The complaint against Sunny Verma, promoter of a company named IMG Ventures with its headquarter in Chandigarh, alleged that he has been blackmailing and sexually assaulting a number of girls on the pretext of giving them career in modelling.

PARI's Yogita Bhayana wrote a complaint letter to NCW chairperson Rekha Sharma.

"Through his company, he (Sunny Verma) invites the girls on the pretext of organising a Miss Asia contest with a claim that the contest will launch them as models. To make it look genuine, his company has also been taking an entry fee of Rs 2,950. Once the girls apply, they are alluded by the female accomplices of Sunny Verma to submit their nude pictures in order to get the better ranking in the contest," the complaint letter said on July 31.

It alleged that Verma, after receiving the pictures and sometimes even before, used to get in touch with the girls and ask for completely nude pictures and videos.

The complaint letter said that Verma also used to allude as well as threaten the girls to submit to his sexual desires if they were interested in modelling as a career or wish to win the contest.

"Once he established a physical relationship with the girls, he used to blackmail them for regular sexual favours. Many girls from across the country have suffered a sexual and mental assault from Sunny and his accomplices," said the complaint citing several letters, texts and audio clips from several girls as proof of this modus operandi of Sunny Verma and his company.

The complaint also said that Sunny Verma has been previously also arrested on charges of sexual assault.

"We would demand that NCW should investigate the case to its depth and get the guilty punished so that any other person should not dare to exploit these kinds of innocent girls on any pretext. It will be a message to people like Sunny Verma and all associated Bollywood stars. Looking forward to strict action from NCW against sexual offenders like Sunny Verma & others," the complaint said.

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Agencies
July 13,2020

New Delhi, Jul 13: The Income Tax Department has facilitated a new functionality for banks and post offices to ascertain TDS applicability rates on cash withdrawal of above Rs 20 lakh in case of a non-filer of the income-tax return and that of above Rs 1 crore in case of a filer of the income-tax return.

In a statement, the Central Board of Direct Taxes (CBDT) said that now banks and post offices have to only enter the PAN of the person who is withdrawing cash for ascertaining the applicable rate of TDS.

So far, more than 53,000 verification requests have been executed successfully on this facility, a statement by the CBDT said.

"CBDT today said that this functionality available as 'Verification of applicability u/s 194N' on www.incometaxindiaefiling.gov.in since 1st July 2020, is also made available to the Banks through web-services so that the entire process can be automated and be linked to the Bank's internal core banking solution," it said.

On entering PAN by the bank or the post office, a message will be instantly displayed on the departmental utility: "TDS is deductible at the rate of 2 per cent if cash withdrawal exceeds Rs 1 crore", in case the person withdrawing cash is a filer of the income-tax return.

In case the person withdrawing cash is a non-filer of income tax return, the message shown would be: "TDS is deductible at the rate of 2 per cent if cash withdrawal exceeds Rs 20 lakh and at the rate of 5 per cent if it exceeds Rs 1 crore."

The CBDT said that the data on cash withdrawal indicated that huge amount of cash is withdrawn by the persons who have never filed income-tax returns.

To ensure filing of return by these persons and to keep track on cash withdrawals by the non-filers, and to curb black money, the Finance Act, 2020 with effect from July 1, 2020 further amended IT Act to lower threshold of cash withdrawal to Rs 20 lakh for the applicability of this TDS for the non-filers and also mandated TDS at the higher rate of 5 per cent on cash withdrawal exceeding Rs 1 crore by the non-filers.

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