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Centre to SC: Shreya Singhal Judgement- States Also Have Liability To Guarantee Individuals Not Troubled Utilizing Scrapped Section 66A

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Shreya Singh Judgement_66A II News Aur Chai

The Center has submitted to the Supreme Court that police and police requests being state subjects, the obligation to ensure the execution of the pronouncement that annuls Section 66A of the Information Technology Act belongs to the states. Further, the law requires organizations to share equivalent obligations to hold out the judgment.

On July 5, 2021, a Bench drove by Justice Rohinton F. Nariman said it was “upsetting,” “shocking” and “terrible” that individuals are as yet reserved and tried under Section 66A even six years after the apex court struck down the arrangement as unlawful and an infringement of free speech. The NGO People’s Union of Civil Liberties, represented by senior lawyer Sanjay Parikh and advocate Aparna Bhat, had made the court take notice of the contempt.

Undead segment: About Section 66A of the IT Act 

In its reaction, the Centre said the police and public request were “State subjects” under the Constitution. “Counteraction, location, examination and arraignment of wrongdoings and limit the working of the police are essentially the obligation of the States,” the Centre submitted in the affidavit. It said law requirement organizations share equivalent obligation to agree with the apex court judgment. They make a move against cybercrime offenders according to the law.

Spreading information 

The Centre said the Ministries of Information and Technology and Home Affairs gave a valiant effort to disperse information about the Supreme Court judgment in the Shreya Singhal case. Section 66A had suggested three years of imprisonment if an online media message caused “disturbance” or was found “terribly antagonistic”. Mr Parikh had welcomed the court intervention to work out a system to disperse the Shreya Singhal judgment to each police headquarters and preliminary court in the country.

“Section 66A of the IT Act has continued being utilized inside police base camp just as in cases under the attentive gaze of primer courts across India. This data was accessible on the Zombie Tracker site, created by a group of independent researchers. The discoveries of the site uncover that as of March 10, 2021, upwards of 745 cases are as yet forthcoming and dynamic under the steady gaze of region courts in 11 States, wherein the denounced are being indicted for offences of the IT Act under Section 66A.” the PUCL has acquiesced.

The accommodation has been in the rejoinder affidavit filed by PUCL in the apex court. This response was because of the Centre’s counter-affidavit in a petition filed by PUCL looking for different bearings and rules against the FIRs scraped under the struck-down Section 66A.

PUCL in, its rejoinder affidavit through Advocate Aparna Bhat, has contended that the Union of India should not have avoided its commitment by arguing that the obligation of execution lies with the States just as with the law enforcement agencies. It mentioned alluding to Union’s accommodation in its affirmation that ‘Police’ and ‘Public Order’ are state subjects. Accordingly, the obligation rests with the State.

Alluding to the Centre’s accommodation that they had mentioned Chief Secretaries, all things considered, and Administers of Union Territories to outfit information for arraignments summoning Section 66A get-togethers, PUCL has contended that the reaction to the said letters have ‘nor set on record nor unveiled.’ PUCL has been tending that looking for removal of its application mentioning the execution of the judgment downplays the enormous scope infringement of the right to freedom of speech and expression and the right to fair trials of citizens.

The applicant has proposed the additional directions to be given by the Court in the matter: 

  1. Directions to High Courts: 

The applicant has looked for specific bearings to every one of the High Courts through Registrar Generals. The proposed headings ought to impart to every one of the District Courts and Magistrates that forthwith there ought to be no cognizance taken under the revoked Section 66A of the IT Act. It had been expressed that the High Courts be permitted to start Suo Motu contempt procedures against those liable for enlisting a case under Section 66A or for examining it or for indicting it.

  1. Directions to DGPs: 

The applicant has recommended that bearings are given to the Director-General of Police and Union Territories to convey to all police headquarters inside their separate locales to show a notification that Section 66A of the IT Act has been scrapped. Also, no case can be enrolled under the cancelled Section 66A of the IT Act.

  1. Directions to Respondents: 

Decisions have looked to the Respondents, Union of India, to accumulate the nuances of the cases enrolled by the Police or Law Enforcement Agencies under Section 66A of IT Act since the judgment of Shreya Singhal revealed by coordination with the chief secretaries of the DGP of the States and Union territories.

As per the applicant, Respondents can coordinate to guarantee that Doordarshan and All India Radio make quarterly declarations in significant vernacular dialects advising the public that Section 66A of the IT Act is presently not in power. The applicant has looked for bearings to guarantee that all authority and business forms of the IT Act that are here in after distributed (on the web or disconnected) do exclude the total content of Section 66A and educate the per user that said arrangement stands revoked.

The Shreya Singhal judgment had delivered by the seat which, lifted Section 66A by Judge J Chelameswar and RF Nariman for a violation of Articles 14 and 19(1)(a) of the Constitution. The judgment wrote by Justice Nariman held the arrangement to be obscure, over the edge, and making an alarming impact on free discourse.

An Ambivert, who has both creative and logical sides? Sounds good right? Jhanvi, that's Me! A media student and an aspiring Journalist who loves to write, read and travel, listening to music, a cinephile and prominently is herself at all times. In the Big World, I wish to do my part in the best way possible! I am a Public Speaker, Debater, Model United Nations Delegate, and Girl known to voice her opinions as a Leader. The Quote that I resonate with is, "Life is infinitely stranger than anything which the Mind of Man can Invent" - Sherlock Holmes. Always, Keep Learning!

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India

Ram Mandir Opening For “Darshan” In 2023

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Ram Mandir Opening 2023 | News Aur Chai

The Ram Mandir in Ayodhya is expected to allow visitors by December 2023, with the completion of construction only in 2025.

Sources in the Shri Ram Janmabhoomi Teerth Kshetra have revealed that the colossal project of building the Ram Mandir in Ayodhya, Uttar Pradesh, will be opening for devotees towards the end of 2023. In contrast, the project’s entire construction completion is expected towards the end of 2025. The sanctum sanctorum (Garbha Griha), along with the mandir’s first floor, will be ready by December 2023. Devotees will be allowed to visit the long-awaited mandir soon after the construction is completed.

An ANI report said, “The grand Ram Mandir being constructed in Ayodhya will be opened for devotees from December 2023. Sources told ANI that Garbhagriha, all five mandaps and the first floor will be ready by December 2023 and the mandir will be opened for devotees”.

The sanctum sanctorum will be as high as 161 feet and built using Rajasthani marble and stones. Engineers and architects are taking all measures to ensure the longevity of this enormous project. The second stage of construction is expected to begin in December this year. Currently, the structure is at a standstill as a result of monsoons. Another reason for the delay is the coronavirus pandemic that depleted the force with which the mandir’s construction was expected to go on.

The announcement of the mandir being opened to visitors in 2023 has brought up questions about the political agenda. It is believed that the Bharatiya Janata Party (BJP) aims to use the mandir to catapult themselves into a position of advantage during the 2024 Lok Sabha elections. Opening the mandir to devotees in December 2023 will give the BJP an easy 6-month gap to the general elections in 2024.

The opening of the long-awaited Ram Mandir in Ayodhya could be the factor that diverts the public, at least the Hindu’s in favour of BJP. Thus, securing them a vote bank based on religious sentiments upheld by the party in their previous tenure as the ruling party.

The Ram Janmabhoomi Mandir will be 360 feet long, 235 feet wide, and 20 feet high mandir will be completely ready by the end of 2025. The project will include amenities and structures like museums, archives, research centre, Sant Niwas, gau and Yagya shala, Etc. The main attraction is the Ram Mandir.

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Business

How SEBI’s New Margin Rule Is Affecting Retail Traders?

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SEBI Margin Rule | News Aur Chai

Securities and Exchange Board of India has introduced new margin rules for traders. Traders and Brokers are not happy with the new regulations because they will have to invest a large amount of cash in fulfilling margin requirements for trade.

SEBI had introduced the new margin rule in the year 2020 for intraday traders. It is being implemented in a phased manner. Traders were supposed to maintain 25 per cent of the peak margin in the first phase; the margin was raised by 50 per cent in the second phase. In the third phase, as per the new margin rule, intraday traders will have to pay a 100 per cent upfront margin. According to new norms, the margin requirements will be calculated four times during every trading session because the money margin must be greater than the need.

As per the new rule, brokers must collect margin from investors for any purchase or sale, and if they fail to do so, they will have to pay the penalty. Thus, brokers will not receive power of attorney. Brokers cannot use power of attorney for pledging anymore.

Those investors who want to make use of margin will have to create margin pledges separately. As per the new rule, investors will have to pay at least a 30 per cent margin upfront to avail a margin loan. Shares brought today cannot be sold tomorrow. Funds from shares sold today cannot be used for new trades on the same day.

The market experts said that there must be proper adjustments for implementing new rules, or it may create chaos, trouble and disturbance to the market participants. The CEO and founder of Zerodha broking firm, Nithin Kamath tweeted that, “the day when the new rules came into effect was the dreaded day for brokers, exchanges, intraday traders”.

Traders Are Not Happy:

Changes in rules have evoked strong reactions from traders because they will have to invest a large amount of cash in fulfilling margin requirements for trades as per new margin rules. Even the trading in futures and options will become more expensive. Traders are disappointed because they will have to pay up more money to bet in stock markets. As per new margin rules, Traders are also liable for the penalty if the rules are not followed during the trading session. If a trader wants to buy Nifty worth Rs 10 lakh, he will have to pay a 20 per cent margin of around 2 lakh. If the margin of the trader does not meet the need, he will be penalized. Traders will have to pay the minimum amount for opening the Multilateral Trading facility account, and they have to maintain a minor balance at all times.

Why Gas SEBI Introduced A New Margin Rule?

SEBI has introduced new rules to protect retail investors from purchasing difficulty. The intended goal of SEBI behind new margin rules is to bring down the difficult market situation and avoid huge fluctuation in stock markets during extreme stress. The new margin rules are likely to bring transparency to the market; it is expected to strengthen the market’s safety.

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World

Escalation Of COVID-19 Cases Across The Globe

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COVID Case Spike 2021 | News Aur Chai

The United States, India, and Brazil have the most confirmed cases, followed by France, Russia, the United Kingdom, and Turkey. There are very few locations that have remained undisturbed.

Since the middle of last year, confirmed cases have been increasing. Although the actual scope of the first outbreaks in 2020 is unknown because testing was not generally available at the time. The 100 million COVID-19 cases were discovered at the end of January, over a year after it was first diagnosed. As of 6:30 p.m. CEST on July 30, 2021, WHO has received reports of 196,553,009 confirmed cases of COVID-19, with 4,200,412 fatalities. A total of 3,839,816,037 vaccination doses has been delivered as of July 28, 2021.

After reaching a record high of over 0.9 million cases on April 28, 2021, new daily instances of the coronavirus continued to decline, reaching a low point on June 21, when over 0.3 million cases were reported. Since then yet, there has been a global increase in cases. On July 15, 0.53 million daily cases were reported, and over three million new cases were reported in the second week of the month. As of July 15, 188.9 million patients have been recorded worldwide. The transmissive Delta form accounting for most infections in 111 countries. Most instances were recorded in Brazil, India, Indonesia, the United Kingdom, and Colombia in the last week. With the steepest increases in Zimbabwe (72%), Indonesia (44%), the United States (38%), Bangladesh (35%), and the United Kingdom (30%). Many Asian nations, including Vietnam, Malaysia, South Korea, and Japan, have reported many daily cases. However, the spread was under control.

The number of new cases in Indonesia has been on the rise, with each day seeing a significant increase over the previous day. Indonesia is now the new Asian epicentre, with 56,757 cases recorded on July 15; India reported 39,000 patients on the same day. COVID-19 fatalities are high, according to WHO. After decreasing for nine weeks, with the highest increases in Africa and Southeast Asia. COVID-19 fatalities worldwide surpassed four million on July 7. The last million deaths occurred in under 90 days, the lowest time interval for every one million deaths ever recorded.

High vaccination coverage has been shown in the United States and much of Europe to lower fatalities and even hospitalizations. For example, United Kingdom rises in incidence. There has been fewer hospitalizations and deaths over 87% of the adult population, as they are vaccinated with one dose and over 67% with two doses. In the United States, the increase in cases is concentrated in states with low vaccination coverage, with unvaccinated people accounting for most deaths. Over 55% of Americans have received one dosage, and 48% are completely immunized. It shifts the focus back to improving vaccination coverage and achieving global vaccine equality to avoid fatalities and the spread of dangerous strains. Some nations debate a booster dosage. Even though many African countries’ healthcare professionals have not been completely vaccinated, booster injections have begun to be given to patients with weakened immune systems in Israel.

In comparison, booster shots have been ruled out in the United States for the time being. With vaccine shortages reported in many Indian states. Even among the vaccinated, rigorous adherence to COVID-appropriate behaviour is the only option to postpone and mitigate the consequences of a third wave.

This spring, India and Latin America have seen a significant drop in new cases in the hardest-hit areas of the world. But the global numbers continue to grow. The Delta variety leads them to well-vaccinated regions such as Western Europe and the United States, low but rising infections. This spring, India and Latin America have seen a significant drop in new cases in the hardest-hit areas of the world. Vaccine doses have been given to over 4 billion individuals globally (52 for every 100 people), yet the discrepancy is striking. More than 80% of the population had at least one shot in some wealthy nations. In contrast, the proportion is as low as 1% in many of the poorest.

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