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Defence India News Legal

India releases list of 346 indigenous defence items

The DPSUs will undertake indigenisation of the items mentioned in the fifth PIL through various routes including ‘Make’ procedure or in-house development involving the industry, including MSMEs….reports Asian Lite News

The Ministry of Defence has notified the fifth Positive Indigenisation List (PIL) consisting 346 defence items in a major boost to Aatmanirbharta in defence production.

The items include strategically important Line Replacement Units/Systems/Sub-Systems/Assemblies/Sub-Assemblies/Spares & Components and raw materials, with import substitution value worth Rs 1,048 crore, according to a Ministry of Defence statement issued on Monday.

These items will only be procured from the Indian Industry after the timelines of indigenisation as indicated in the list available on the Srijan portal (https://srijandefence.gov.in).

The Ministry of Defence had launched Srijan portal in 2020. On this portal, defence public sector undertakings (DPSUs) and Service Headquarters (SHQs) offer defence items to domestic industries, including MSMEs and start-ups, for indigenisation.

The DPSUs will undertake indigenisation of the items mentioned in the fifth PIL through various routes including ‘Make’ procedure or in-house development involving the industry, including MSMEs. This will provide impetus to the growth in the economy, enhanced investment in defence and lead to reduced import dependence. In addition, this will augment the design capabilities of domestic defence Industry due to the involvement of academia and research institutions, the Ministry said.

Hindustan Aeronautics Limited (HAL), Bharat Electronics Limited (BEL), Bharat Dynamics Limited (BDL), BEML Limited, India Optel Limited (IOL), Mazagon Dock Shipbuilders Limited (MDL), Goa Shipyard Limited (GSL), Garden Reach Shipbuilders & Engineers Ltd (GRSE) and Hindustan Shipyard Limited (HSL) are the DPSUs involved in defence items of the fifth PIL.

The companies have initiated the process for issuing Expressions of Interest/Requests for Proposal on their respective websites with a link on the ‘Srijan Portal Dashboard (srijandefence.gov.in/DashboardForPublic) specifically designed for this purpose, and Industry/MSMEs/start-ups may come forward to participate in large numbers, according to the official statement.

Earlier, four PILs comprising 4,666 items were notified by the Department of Defence Production for DPSUs, of which 2,972, having import substitution value worth Rs 3,400 crore, have already been indigenised. These five lists for DPSUs are in addition to the five positive indigenisation lists of 509 items notified by the Department of Military Affairs (DMA). These lists include highly complex systems, sensors, weapons and ammunition.

Till June 2024, over 36,000 defence items were offered to domestic industry for indigenisation by the DPSUs and SHQs. Of them, more than 12,300 items have been indigenised in the last three years. As a result, the DPSUs have placed orders on domestic vendors to the tune of Rs 7,572 crore.

Prime Minister Narendra Modi’s push for Aatmanirbhar Bharat has led to indigenous production in the defence sector scaling a record high of Rs 1.27 lakh crore for the financial year ended on March 31, 2024. India’s exports of defence items during the financial year have crossed the Rs 21,000 crore mark.

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Govt clears appointment of two new judges in SC

The collegium consisted of Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy….reports Asian Lite News

The Central Government, through the Ministry of Law and Justice, notified on Tuesday of the appointment of N Kotiswar Singh and R Mahadevan as the judges of the Supreme Court of India.

The Minister of Law and Justice, Arjun Ram Meghwal, stated on his X Post account, “In exercise of the powers conferred by the Constitution of India, President, after consultation with Chief Justice of India, is pleased to appoint the Justices N Kotiswar Singh, R Mahadevan as Supreme Court judges.

The Supreme Court Collegium has recently recommended Chief Justice of Jammu and Kashmir and Ladakh High Court Nongmeikapam Kotiswar Singh and Acting Chief of Madras High Court R Mahadevan for elevation to the top court. Justice Singh will be the first judge from the State of Manipur to be appointed as a judge of the Supreme Court.

“His appointment as a Judge of the Supreme Court will provide representation to the North-East, and in particular, he will be the first judge from the State of Manipur to be appointed as a judge of the Supreme Court,” stated the resolution of Collegium.

The collegium consisted of Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy.

The resolution stated that “Justice Singh has an impeccable record, both in judicial capacity and in terms of the work which has been rendered by him on the administrative side, as the Chief Justice of the High Court for Jammu and Kashmir and Ladakh. Considering the candidature of Justice N Kotiswar Singh in terms of his judicial performance, administrative acumen, integrity and merit, the Collegium is of the view that he is eminently suitable for being appointed as a Judge of the Supreme Court.”

Justice Mahadevan, judge of the Madras High Court, is presently the Acting Chief Justice.

“Being conversant with the work of Justice Mahadevan on the judicial side and as a senior judge of the High Court, the Collegium is of the view that he is eminently suitable for appointment as a judge of the Supreme Court,” added the Collegium.

It further said that Justice Mahadevan belongs to a backward community from the State of Tamil Nadu and his appointment will bring diversity to the Bench.

The Collegium has taken due note of the fact that Justice Mahadevan ranks third in the order of presently serving judges of the Madras High Court including the judges who have been posted as Chief Justices outside the Madras High Court, resolution stated.

“At this stage, the Collegium has given precedence to the candidature of Justice Mahadevan in order to give representation to the backward community. For the above reasons, the Collegium is of the view that he is

suitable and fit for being appointed as a judge of the Supreme Court,” it added.

The two judges are recommended for elevation as there are two vacancies in the Supreme Court. Justice Aniruddha Bose retired on April 10, 2024 and the Justice AS Bopanna retired on May 19, 2024.

The apex court will now function at its full strength of 34 judges, once the two are sworn in. (ANI)

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Court recuses from hearing NIA’s death penalty plea for Yasin Malik

The predecessor bench earlier has sought Yasin Malik’s response to NIA appeal, calling it a “rarest of rare case….reports Asian Lite News

Justice Amit Sharma of the Delhi High Court recused himself from hearing the National Investigation Agency’s (NIA) appeal seeking the capital /death penalty for Kashmiri separatist leader Yasin Malik in a terror funding case on Thursday.

The predecessor bench earlier has sought Yasin Malik’s response to NIA appeal, calling it a “rarest of rare case.

The appeal was listed for hearing on Thursday before the Division bench of Justice Prathiba M Singh and Justice Amit Sharma. While the matter was taken up, Justice Amit Sharma recused himself from hearing the matter. The bench listed the matter for August 9 before different bench of Delhi High Court.

In May 2023, the NIA moved Delhi HC challenging a Court order awarding life imprisonment to Yasin Malik, a separatist leader from J&K, in a terror funding case.

Earlier, predecessor bench of Justice Siddharth Mridul and Justice Talwant Singh had issued notice to Yasin Malik through Jail superintendent, as Yasin Malik is lodged in Tihar Jail. He was the sole respondents in the appeal, note the court.

The court had also issued notice on NIA application for condonation of delay in filing the appeal. The court also summoned a trial court record in the matter.

Appearing for the NIA, Solicitor General Tushar Mehta earlier submitted that Yasin Malik is responsible for killing four IAF personnel and kidnapping Rubaiya Sayeed.

He also submitted that four terrorists, who were released after the kidnapping, masterminded the 26/11 Bombay attacks.

Solicitor General Tushar Mehta further submitted that accused Malik crossed over to Pakistan in 1980s to receive training in handling weapons. ISI helped him become head of JKLF.

NIA in its appeal, stated that if such dreaded terrorist are not given capital punishment only on the ground that they have pleaded guilty, then the same will result in complete erosion of the sentencing policy of the country and will result in creation of a device whereby such dreaded terrorist after indulging, waging and spearheading an “act of war against the state” would have a way out to avoid capital punishment

NIA in its appeal, further stated that the crime committed by such dreaded terrorists, due to their ‘act of war’, the nation has lost its valuable soldiers and have perpetrated irreparable damage not only to the family members of the soldiers but to the entire nation.

NIA also stated that the respondent/accused, over decades has been indulging and spearheading terrorist activities in the valey and with the help of dreaded foreign terrorist organisations, having interest in India, has been masterminding, planning, engineering and executing armed rebellion in the valey in an attempt to usurp the sovereignty and integrity of a part of India.

NIA in its appeal before Delhi HC, further stated that the offences committed by the respondent accused are ex-facie acts of “external aggression”, brazenly planned and executed by “acts of waging war against the nation,” whereby “internal disturbance” was created through raising and using trained armed militia within the state and by helping trained terrorist, raised in enemy states, to infiltrate the borders of India to participate and catalyse such internal disturbances.

Earlier on May 25, 2022, the trial court judge, while sentenced to life imprisonment to JKLF leader Yasin Malik in terror funding case, said, in my opinion, there was no reformation of this convict. It may be correct that the convict may have given up the gun in the year 1994, but he had never expressed any regret for the violence he had committed prior to the year 1994.

It is to be noticed that, when he claimed to have given up the path of violence after the year 1994, the government of India took it upon its face value and gave him an opportunity to reform and in good faith, tried to engage in a meaningful dialogue with him and, as admitted by him, gave him every platform to express his opinion, said NIA Judge Praveen Singh.

The crime becomes more serious as it was committed with the assistance of foreign powers and designated terrorists. The seriousness of crime is further increased by the fact that it was committed behind the smoke screen of an alleged peaceful political movement, added trial court.

The manner of the commission of crime and the kind of weaponry used in the crime led me to a conclusion that the crime in question would fail the test of rarest of rare case, NIA Judge Praveen Singh said.

The NIA court, while sentencing life imprisonment to Yasin Malik, also imposed a fine of above Rs 10 lakh.

He was sentenced to life imprisonment twice (one for waging war against the nation and one in UAPA Section 17 for raising funds for the terror act). (ANI)

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Supreme Court seeks report on suicide prevention efforts

The Supreme Court was hearing the PIL filed by Gaurav Kumar Bansal, advocate wherein he highlighted the issue of SUICIDES by adolescent in the national capital….reports Asian Lite news

The Supreme Court on Thursday asked the Central Government to file a status report mentioning the efforts taken by health ministry to prevent suicides in the country.

A bench headed by Chief Justice of India DY Chandrachud said, “Counsel appearing on behalf of the Union of India states that in response to the petition, a comprehensive affidavit of the steps which are being taken to allay the grievance in the petition shall be filed .The affidavit be filed within a period of four weeks.”

The court observed the suicides by children as a very serious issue and directed the Union Health Ministry to apprise the Court about the steps taken by them to prevent such incidents in the country.

The Supreme Court was hearing the PIL filed by Gaurav Kumar Bansal, advocate wherein he highlighted the issue of SUICIDES by adolescent in the national capital.

The top court listed the petition on August 9, 2024.

In his petition, Bansal has highlighted that as per RTI replies provided by Delhi Police more than 400 students under 18 years of age has died by suicide in the national capital of Delhi between 2014 and 2018.

“Suicides are preventable. Apart from tragedy, Suicide is a major public health issue which the respondents have failed to recognized as a public health problem,” the petition copy said.

“What adds insult to the injury is the taboo T and stigma surrounding suicide resulting into building a social environment where people hesitate to seek help and in case any people wish to seek help, our Public Health System And Services fails to provide timely and effective mechanism,” the petition said.

The petitioner has mentioned that as per World Health Organization report titled, as “PREVENTIVE SUICIDE – A GLOBAL IMPERATIVE”, Young people are among the most affected suicide is now the second leading cause of death for those between the ages of 15 and 29 years globally.

The petitioner sought to forthwith direct the Centre and State Governments to immediately take appropriate steps for the prevention and reduction of suicides in their respective jurisdiction.

The petitioner also sought to directs concerned authorities to forthwith Plan, Design, Formulate and effectively implement Public Health Programme for the prevention and reduction of suicides in their respective jurisdiction as provided under Section 29 and Section 115 of the Mental Healthcare Act – 2017 and to start a project for providing aid, support and advice to Persons with Suicidal thoughts through Call Centers / Helplines at state level in their respective States and UTs.

The petitioner also sought for providing aid, support and advice to Persons with Suicidal. thoughts through Call Centers / Helplines at National level. (ANI)

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Naga body suspends ‘public emergency’ in six districts

The most powerful Nagabody had declared a “public emergency” in six eastern Nagaland districts — Mon, Tuensang, Longleng, Kiphire, Shamator and Noklak districts on February 5….reports Asian Lite News

The Eastern Nagaland Peoples’ Organisation (ENPO) temporarily suspended its “public emergency” in the six districts of eastern Nagaland as part of the measures to foster mutual understanding and peaceful resolution regarding the creation of Frontier Nagaland Territory (FNT) by the Centre.

Influential Nagabody ENPO Secretary W. Manwang Konyak on Tuesday said that a “public emergency” was temporarily suspended but it would be imposed if the situation arises.

“The decision to suspend the “public emergency” was taken during the ENPO’s recent Central Executive Council (CEC) meeting held in Tuensang. We took the decision as part of the measures to foster mutual understanding and pursue a peaceful resolution regarding the creation of FNT by the Central government,” Konyak told IANS over the phone.

The suspension of public emergency is subject to review in the event of compelling situations, said ENPO, an apex body of eight backward tribes of the region — Chang, Khianiungan, Konyak, Phom, Sangtam, Tikhir, Yimkhiung and Sumi.

The most powerful Nagabody had declared a “public emergency” in six eastern Nagaland districts — Mon, Tuensang, Longleng, Kiphire, Shamator and Noklak districts on February 5. It had also resolved to abstain from participation in both Central, state and urban body elections until the issue of the Frontier Nagaland Territory is addressed.

Responding to the ENPO’s vote boycott call, people of the six districts, which have over four lakh voters, abstained from voting in the June 26 polls to the Urban Local Bodies and April 19 Lok Sabha polls.

The civil polls were a historic event as this was the first municipal election in Nagalandheld with 33 per cent reservation for women.

Nagaland has three municipal councils and a total of 39 town councils, but no election was held in 15 councils as these are located in the six eastern districts where the ENPO called for a vote boycott.

In all, 79 candidates filed their nominations in these six districts but the ENPO leaders forced the nominees to withdraw their candidatures.

Since 2010, the ENPO has been demanding a separate Frontier Nagaland Territory, or a separate state, comprising six eastern Nagaland districts inhabited by eight backward tribes.

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Odisha gets Centre’s nod to clear forest land for irrigation project

Chief Minister Mohan Charan Majhi had discussed the issue with Union Environment and Forests Minister Bhupender Yadav during his recent visit to New Delhi…reports Asian Lite News

The Ministry of Environment and Forests (MoEF) has approved the diversion of 1,524.17 hectares of forest land for the Brutanga irrigation project in Odisha’s Nayagarh district, officials said on Tuesday. The state government has awaited this approval for 30 years. The project will provide irrigation to 23,000 hectares of land.

A letter from Assistant Inspector General of Forests Dheeraj Mittal on Monday confirmed the final approval under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, for non-forestry use of the land. The legal status of the diverted forest land will remain unchanged, and the state must ensure compensatory afforestation on 1,524.17 hectares of non-forest land. This afforestation must occur within two years, planting at least 1,000 plants per hectare.

If planting this many saplings in the area is not possible, the balance will be planted in other forests. The state must also take mitigative measures to minimize the project’s adverse impact on forests and wildlife, including setting up anti-poaching camps and constructing watch towers.

Chief Minister Mohan Charan Majhi had discussed the issue with Union Environment and Forests Minister Bhupender Yadav during his recent visit to New Delhi, according to the Chief Minister’s Office statement.

Recently, President Droupadi Murmu expressed concern over the terrible series of heatwaves witnessed in many parts of the country during the summer and flagged that extreme weather events have become more frequent around the globe in recent years.

President Murmu, who is in Odisha for the annual Jagannath Rath Yatra, visited Puri’s Golden Beach and shared images from the visit on Monday.

Taking to X, President Murmu wrote in a series of tweets, “There are places that bring us in closer touch with the essence of life and remind us that we are part of nature. Mountains, forests, rivers and seashores appeal to something deep within us. As I walked along the seashore today, I felt a communion with the surroundings – the gentle wind, the roar of the waves, and the immense expanse of water. It was a meditative experience”

“It brought to me a profound inner peace that I had also felt when I had a darshan of Mahaprabhu Shri Jagannathji yesterday. And I am not alone in having such an experience; all of us can feel that way when we encounter something that is far larger than us, that sustains us and that makes our lives meaningful,” her post added.

“In the hustle and bustle of the daily grind, we lose this connection with Mother Nature. Humankind believes it has mastered nature and is exploiting it for its own short-term benefits. The result is for all to see. This summer, many parts of India suffered a terrible series of heatwaves. Extreme weather events have become more frequent around the globe in recent years. The situation is projected to be far worse in the decades to come,” Murmu said.

Expressing concern over global warming and its impact, Murmu said, “More than seventy percent of the surface of the earth is made up of oceans, and global warming is leading to a rise in global sea levels, threatening to submerge coastal areas. “The oceans and the rich variety of flora and fauna found there have suffered heavily due to different kinds of pollution.”

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India govt refutes Citigroup report on state of employment

Ministry of Labour and Employment asserted that such reports did not analyse all official data sources available in the public domain….reports Asian Lite News

The central government on Monday strongly refuted the recent Citigroup report put out on the state of employment in India and the outlook around it.

In a statement, the Ministry of Labour and Employment asserted that such reports did not analyse all official data sources available in the public domain.

The recent research report by Citigroup on employment in India, as per the Ministry, quoted widely in the media, forecast that India will struggle to create sufficient employment opportunities even with a 7 per cent growth rate. It failed to account for the comprehensive and positive employment data available from official sources such as the Periodic Labour Force Survey (PLFS) and the Reserve Bank of India’s KLEMS data, the Ministry added.

Citi estimated that India will need to create about 12 million jobs a year over the next decade to absorb the number of new entrants to the labour market. Based on a growth rate of 7 per cent, India can only generate 8-9 million jobs a year, the bank’s economists said in the report in contention.

The report asserted India will struggle to create enough jobs for its growing workforce over the next decade even if the economy grows at a rapid pace of 7 per cent. It posed questions on the quality of jobs being created in India.

“It is well known that the private data sources, which the report/media refers to as more reliable, has several shortcomings. These surveys use their own derived definition of employment – unemployment which is not aligned to either national or international standards. The sample distribution and methodology are often critiqued for not being as robust or representative as official data sources like PLFS. Therefore, reliance on such private data sources over official statistics can lead to misleading conclusions and thus, should be used with caution,” the ministry doubted data quoted in the said report.

According to PLFS and RBI’s KLEMS data, India has generated more than 8 crore (80 million) employment opportunities from 2017-18 to 2021-22, translating to an average of over 2 crore (20 million) employment per year. This, as per the government, contradicted Citigroup’s assertion of India’s inability to generate sufficient employment.

“This significant employment creation demonstrates the effectiveness of various government initiatives aimed at boosting employment across sectors,” the ministry’s statement read.

The Annual PLFS report depicted an improving trend in labour market indicators related to Labour Force Participation Rate (LFPR), Worker Population Ratio (WPR) and Unemployment Rate (UR) for persons of age 15 years and above during 2017-18 to 2022-23.

The PLFS data shows that during the last 5 years, more employment opportunities have been generated compared to the number of people joining the labour force, resulting in a consistent reduction in the unemployment rate.

“This is a clear indicator of the positive impact of government policies on employment. Contrary to the report, which suggests a dire employment scenario, the official data reveals a more optimistic picture of the Indian job market,” said the Ministry.

Citing EPFO data, the ministry said more and more workers are joining formal jobs. During 2023-24, more than 1.3 crore subscribers joined EPFO which is more than double compared to 61.12 lakh joined EPFO during 2018-19. Moreover, during last six and half years (since September, 2017 to March, 2024) more than 6.2 crore net subscribers have joined EPFO.

The data from National Pension System (NPS) indicates that more than 7.75 lakh new subscribers have joined the NPS during 2023-24 under the Central and State governments which is 30% more than 5.94 lakh new subscribers joining NPS under government sector during 2022-23.

On new employment opportunities, the ministry asserted that the future prospects of the employment market in India are highly encouraging. The Global Capability Centers (GCCs) in India have shown remarkable growth in recent years, the gig economy also promises significant increase in workforce in the country. (ANI)

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Do not lampoon persons with disabilities in visual media: SC

The apex court also said that the creators must check for accurate representation of a medical condition as much as possible…reports Asian Lite News

The Supreme Court on Monday laid down guidelines in connection with portrayal of the persons with disabilities (PWD) by visual media and directed to avoid language that individualises the impairment and overlooks the disabling social barrier.

A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala said,” As long as the overall message of the film justifies the depiction of disparaging language being used against persons with disabilities, it cannot be subjected to restrictions beyond those placed in Article 19(2). However, language that disparages persons with disabilities, marginalises them further and supplements the disabling barriers in their social participation, without the redeeming quality of the overall message of such portrayal must be approached with caution.”

The top court noted that such representation is problematic not because it offends subjective feelings but rather, because it impairs the objective societal treatment of the affected groups by society.

“We believe that representation of persons with disabilities must regard the objective social context of their representation and not marginalise persons with disability,” the top court said while laying down guidelines.

Among the guidelines, the first one by the top court is about the “words cultivate institutional discrimination.”

“Terms such as “cripple” and “spastic” have come to acquire devalued meanings in societal perceptions about persons with disabilities. They contribute to the negative self-image and perpetuate discriminatory attitudes and practices in society,” the court said.

The court also directed that language that individualises the impairment and overlooks the disabling social barriers (eg terms such as “afflicted”, “suffering”, and “victim”) should be avoided or adequately flagged as contrary to the social model.

The apex court also said that the creators must check for accurate representation of a medical condition as much as possible. The misleading portrayal of what a condition such as night blindness entails may perpetuate misinformation about the condition, and entrench stereotypes about persons with such impairments, aggravating the disability, the top court said.

Besides this, the other guidelines are that visual media must reflect the lived experiences of Persons with disabilities, who are under-represented and said that their portrayal must capture the multitudes of their lived realities, and should not be a uni-dimensional, ableist characterisation.

“Visual media should strive to depict the diverse realities of persons with disabilities, showcasing not only their challenges but also their successes, talents, and contributions to society. This balanced representation can help dispel stereotypes and promote a more inclusive understanding of disability. Such portrayals should reflect the multifaceted lives of persons with disabilities, emphasizing their roles as active community members who contribute meaningfully across various spheres of life. By highlighting their achievements and everyday experiences, media can shift the narrative from one of limitation to one of potential and agency,” the court said.

“They should neither be lampooned based on myths (such as, ‘blind people bump into objects in their path’) nor presented as ‘super cripples’ on the other extreme. This stereotype implies that persons with disabilities have extraordinary heroic abilities that merit their dignified treatment. For instance, the notion that visually impaired persons have enhanced spatial senses may not apply to everyone uniformly. It also implies that those who do not have such enhanced superpowers to compensate for the visual impairment are somehow less than ideal,” it added.

“Decision-making bodies must bear in mind the values of participation. The ‘nothing about us, without us’ principle, is based on the promotion of participation of persons with disabilities and

the equalisation of opportunities. It must be put to practice in constituting statutory committees and inviting expert opinions for assessing the overall message of films and their impact on the dignity of individuals under the Cinematograph Act and Rules,” the top court said.

“The CPRD also requires consultation with and involvement of persons with disabilities in the implementation of measures to encourage portrayal that is consistent with it,” the top court said.

“Collaboration with disability advocacy groups can provide invaluable insights and guidance on respectful and accurate portrayals, ensuring that content aligns with the lived experiences of persons with disabilities,” the top court said.

“Training and sensitization programs should be implemented for individuals involved in creating visual media content, including writers, directors, producers, and actors. These programs should emphasize the impact of their portrayals on public perceptions and the lived experiences of persons with disabilities. Topics should include the principles of the social model of disability, the importance of respectful language, and the need for accurate and empathetic representation. Regular workshops and collaboration with disability advocacy groups can foster a deeper understanding and commitment to responsible portrayal,” the top court said.

The court direction came on Nipun Malhotra’s petition who is the founder of an organisation that promotes awareness about disabilities, conducts policy research and provides education to underprivileged children. The appellant was aggrieved by the manner in which persons with disabilities have been portrayed in the movie titled ‘Aankh Micholi’. He challenged the judgment dated 15 January 2024 of the High Court of Delhi by which a petition was dismissed on grounds of maintainability.

The appellant sought guidelines against filmmakers, regarding the provisions of the RPwD Act and the composition of the Board and the Advisory panel under the Cinematograph Act and recommendations to beep certain parts of the present film as well.

“We endorse slow interference with the determination of an expert body under the Cinematograph Act, particularly to allow the exhibition of a film. It is for the Board to draw the line between permissible and impermissible portrayal of social ills through visual media, and ensure that the Guidelines are meant to be read as broad standards for the same.109 The certification in the present case implies that the Board found that the overall message of the film was in accordance with the guidelines and the RPwD Act.110 We are not inclined to interfere with this finding by recommending beeping out parts of the film, especially considering the inclusion of a disclaimer in the film,” the top court said. (ANI)

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Boeing to plead guilty to defrauding US regulators

This agreement follows prosecutors’ findings that Boeing violated a previous settlement related to the crashes …reports Asian Lite News

Boeing announced Monday that it has reached a deal with the US Department of Justice regarding the two fatal crashes involving its 737 MAX planes, in which court documents reveal the company will plead guilty to fraud, media reported.

This agreement follows prosecutors’ findings that Boeing violated a previous settlement related to the crashes that claimed 346 lives in Ethiopia and Indonesia over five years ago.

“We have reached an agreement in principle on terms of a resolution with the Justice Department, subject to the finalisation and approval of specific terms,” Boeing stated to AFP.

According to court filings in Texas on Sunday, Boeing agreed to plead guilty to “conspiracy to defraud the United States” during the MAX certification process. Under the terms, Boeing will face fines and commit a minimum of $455 million to enhance compliance and safety programs. Compensation for victims’ families will be determined by the court.

Boeing’s current legal issues stem from the Department of Justice’s determination in mid-May that the company had failed to fulfill requirements outlined in a 2021 deferred prosecution agreement (DPA) aimed at improving its compliance and ethics program post-MAX crashes.

Families of the crash victims expressed strong dissatisfaction with the settlement, with Clifford Law’s senior partner Robert A. Clifford stating, “Much evidence over the last five years demonstrates Boeing’s continued prioritization of profits over safety.” The families plan to contest the plea deal in court.

The original DPA, announced in January 2021, resolved charges that Boeing had knowingly misled the Federal Aviation Administration during the MAX certification process, requiring Boeing to pay $2.5 billion in fines and restitution while granting immunity from criminal prosecution.

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Supreme Court upholds limited immunity for Trump

The court’s conservative majority – which Trump helped create – found 6-3 that presidents were protected from prosecution for official actions…reports Asian Lite News

The supreme court has ruled that former presidents are entitled to some degree of immunity from criminal prosecution, a major victory for Donald Trump that guts the 2020 election subversion case against him and any prospect of a trial before November.

The court’s conservative majority – which Trump helped create – found 6-3 that presidents were protected from prosecution for official actions that extended to the “outer perimeter” of his office, but could face charges for unofficial conduct.

Trump is accused of overseeing a sprawling effort to subvert the 2020 election, including two counts of conspiring to obstruct the certification of the election results, conspiring to defraud the government, and conspiring to disenfranchise voters.

Among the accusations: Trump spread false claims of election fraud, plotted to recruit fake slates of electors, pressured US justice department officials to open sham investigations into election fraud, and pressured his vice-president, Mike Pence, to obstruct Congress’s certification of Joe Biden’s win.

To determine whether Trump’s alleged attempts to overturn the 2020 election results were official acts, the supreme court remanded the case back to the presiding US district judge Tanya Chutkan, who will have to review the indictment line by line.

The review will be done under a three-part test: whether particular conduct is a core presidential function that carries absolute immunity, an official act within the outer perimeter of the presidency that carries presumptive immunity, or an unofficial act that carries no immunity.

To defeat presumptive immunity, the opinion said, Chutkan would have to decide if charging Trump would “pose any dangers of intrusion on the authority and functions of the Executive Branch”.

The court left the analysis up to Chutkan. But Chief Justice John Roberts, writing for the majority, preemptively determined that Trump’s interactions with justice department officials were official acts because they are part of the executive branch and answer to the president.

Roberts also determined that Trump’s interactions with Pence were presumptively immune, since the president discussing responsibilities with the vice-president was an instance of official conduct. The burden was on prosecutors to prove otherwise, Roberts wrote.

And on the matter of Trump’s remarks on January 6, Roberts wrote that they too were probably protected, since presidential addresses were an integral function of the office. But the opinion also allowed that in Trump’s case, it may be appropriate to categorize his speech as that of a candidate for office.

The most damaging part of the ruling for prosecutors will be the prohibition of using any conduct determined to be official acts as evidence at trial. Prosecutors had hoped they could introduce official acts – even if they weren’t charged – as evidence to show Trump’s intent.

The ruling was one of the last handed down by the supreme court this term. In waiting until the end, the conservative majority played into Trump’s benefit and legal strategy of trying to delay any trial as much as possible.

The effect of the ruling to block a prompt trial, after the court moved quickly to keep Trump on the ballot in March, has already ignited fierce criticism by liberals and others who believe Trump’s case should be resolved before voters cast their ballots in the forthcoming election.

Trump’s legal strategy for all of his federal criminal cases – he also faces charges in Florida for illegally retaining classified documents – has been to delay them until after the election, in the hope that he will be re-elected and can appoint as attorney general a loyalist who would drop the charges.

As the calendar now stands, a trial in Trump’s election subversion case cannot start until 20 September at the earliest, since Trump’s lawyers have 88 days left on the clock to prepare a defense after the case was automatically frozen when they launched the immunity appeal.

Biden administration’s break from Trump opens doors for India in Iran and Afghanistan (credit: Indian Narrative)

Biden criticises ruling  

President Joe Biden has criticised the “dangerous precedent” set by the Supreme Court’s ruling granting former and future presidents immunity from prosecution for official acts saying it gives the executive office, and possibly Donald Trump, the power “to do whatever he pleases, whenever he wants to do it.”

Biden said that the court had done “a terrible disservice” to the people of this nation by effectively blocking any chance that Trump could see trial related to the January 6 riot.

The US Supreme Court on Monday (local time) delivered its ruling, in which the 6-3 majority ruled that Trump may claim immunity from criminal prosecution for some of the actions he took as president before leaving office, likely delaying his federal election subversion trial related to his actions on January 6 even further.

He quoted and concurred with liberal Justice Sonia Sotomayor’s dissent against the ruling that the majority decision means that “the President is now a king above law with fear for our democracy” and she urged the American people should dissent too. “I dissent,” Biden added.

“Each, each of us is equal before the law. No one is above the law, not even the president of the United States,” Biden said during his live remarks from the White House.

Biden added, “With today’s Supreme Court decision and presidential immunity that fundamentally changed for all practical purposes, today’s decision almost certainly means that there are virtually no limits on what the president can do.”

Biden once again blamed Trump for the January 6, 2021, attack on the US Capitol and said the American people deserve to have an answer in the courts about what happened then, before they vote in November’s election.

“And it’s a dangerous precedent because the power of the office will no longer be constrained by the law, even including the Supreme Court of the United States,” Biden said.

Criticising the apex court’s decision, Biden said that the decision undermines the rule of law of this country.  

“This decision today, has continued the court’s attack in recent years on a wide range of long-established legal principles in our nation. From gutting voting rights and civil rights to taking away a woman’s right to choose, to today’s decision that undermines the rule of law of this nation,” he said.

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