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Most <keyword id="21473307" type="General" weightage="20" keywordseo="BJP-allies" source="keywords">BJP allies</keyword> have kept their cards close to chest on the issue of <keyword id="19934070" type="General" weightage="100" keywordseo="Uniform-Civil-Code" source="keywords">Uniform Civil Code</keyword>, which Prime Minister <keyword id="19895781" type="General" weightage="20" keywordseo="Narendra-Modi" source="keywords">Narendra Modi</keyword> strongly backed in his Independence Day speech, with the party's largest partner <keyword id="19910625" type="General" weightage="20" keywordseo="Telugu-Desam-Party" source="keywords" meta.keywordsubtype="org" meta.entityname="Telugu Desam Party" meta.hostid="153" meta.entityid="Telugu Desam Party">Telugu Desam Party</keyword> (TDP) saying that it will wait for details to emerge before finalising its stand. The JD(U), the BJP's second biggest ally, said the party supports any such reform but its spokesperson K C Tyagi added that it must be pushed only after evolving a consensus by speaking to all stake-holders, including religious groups and states. Lavu Srikrishna Devarayalu, the head of TDP Parliamentary Party, told PTI that his party will wait for the details of any proposal related to the UCC before finalising its stand. Another party ally <keyword id="20280818" type="General" weightage="20" keywordseo="Lok-Janshakti-Party" source="keywords" meta.keywordsubtype="org" meta.entityname="Lok Janshakti Party" meta.hostid="153" meta.entityid="Lok Janshakti Party">Lok Janshakti Party</keyword> (<keyword id="20354493" type="General" weightage="20" keywordseo="Ram-Vilas" source="keywords">Ram Vilas</keyword>) has also been non-committal, with its president and Union Minister Chirag Paswan recently highlighting cultural, linguistic and regional diversities across the country to wonder how everyone can be brought under one umbrella. Last month, he said that his party will wait for a draft on the UCC before taking a stand. Tyagi cited JD(U) president and Bihar Chief Minister <keyword id="19907431" type="General" weightage="20" keywordseo="Nitish-Kumar" source="keywords">Nitish Kumar</keyword>'s submission in 2017 to the Law Commission to make his point. Kumar had said, "Any attempt to impose a UCC without obtaining through substantive consultations the concurrence of various religious groups, especially the minorities, could lead to social friction and an erosion of faith in the constitutional guarantee of freedom of religion." However, the proposal for simultaneous elections, which was also staunchly advocated by Modi on Thursday, generally enjoys support among the BJP's allies. Tyagi said his party is in complete agreement with the BJP on the issue. Both JD(U) and the LJP(Ram Vilas) had extended their support to the concept 'one nation one election' in their submission to the high-level committee headed by former president Ram Nath Kovind. Another important BJP ally <keyword id="19905334" type="General" weightage="20" keywordseo="Shiv-Sena" source="keywords" meta.keywordsubtype="org" meta.entityname="Shiv Sena" meta.hostid="153" meta.entityid="Shiv Sena">Shiv Sena</keyword>, which is headed by Maharashtra Chief Minister Eknath Shinde, has been supportive of both UCC and simultaneous elections. Modi had on Thursday made an unequivocal pitch for a uniform civil code in the country, asserting that a "secular civil code" in place of the existing "communal" one is the need of the hour. He also pushed forcefully for 'one nation one election'. Frequent elections are an "obstacle" in the country's growth, and every scheme is seen as a consequence of one poll or another happening every few months, he said in his speech on India's 78th Independence Day. The UCC has been a key ideological plank of the BJP, while the party has also taken a strong stand in favour of <keyword id="20033454" type="General" weightage="20" keywordseo="simultaneous-polls" source="keywords">simultaneous polls</keyword>, promising both measures on its successive manifestos.

Most BJP allies keep away from supporting Uniform Civil Code, positive to idea of simultaneous polls

Chennai, Tamil Nadu's ruling <keyword id="19897149" type="General" weightage="20" keywordseo="dmk" source="keywords">DMK</keyword>, a key constituent of the INDIA bloc, in its manifesto released on Wednesday promised to repeal the Citizenship Amendment Act, 2019 if the opposition alliance wins the <keyword id="19895394" type="General" weightage="20" keywordseo="lok-sabha" source="keywords">Lok Sabha</keyword> polls. Restoration of statehood to Jammu and Kashmir and holding polls there, scrapping the New Education Policy 2020, slashing fuel prices, annulling Article 361 of the Constitution that provides protection to governors from legal action and appointment of Governors following consultation with Chief Ministers, were among the key promises made by the DMK. The recommendations of the M S Swaminathan committee will be adopted to ensure that MSP for agricultural products "is set at total production cost plus 50 per cent," the DMK said. Also, it announced that if voted to power, the INDIA bloc will withdraw the Agnipath scheme and reintroduce "permanent recruitment service" in the Indian Armed forces. "From now on, population census, including caste-wise census and census concerning people below the poverty line, will be conducted by the Union government once every five years simultaneously." The DMK will firmly insist on the removal of Article 356, which allows the dismissal of duly elected state governments and imposition of President's rule. The Congress party's ally in Tamil Nadu said that "new constraints" on States' borrowing capacity, imposed by the union government beyond the limits in each state's FRBM-equivalent Act will be eliminated. "A recommendation to share cess revenues with states will be made. It will be proposed that the Finance Commission increase the horizontal devolution of tax revenue (to all States together) from 42 per cent to 50 per cent." The Union government's financial contributions to states will be based on the income tax and GST collected in those states. Thus, financial contributions will be assured based on the taxes collected within each state. The finance provided to states will be permanently determined based on the 1971 population. A 33 per cent reservation for women in Parliament and legislative assemblies will be implemented immediately. "DMK will insist that the Union government enact a law providing menstrual leave to women, emphasizing the journey towards gender equality." Petrol and diesel prices "will be set at Rs 75, Rs 65 (per litre)" and cooking gas cylinders shall be made available at Rs 500 (per cylinder). "The introduction of the Uniform Civil Code will be strictly prevented" to preserve India's secular nature as stated in the Constitution's preamble. "The 2019 CAA law will be repealed, and all minorities will be treated equally without any discrimination. The recommendations of the Sachar Committee for the improvement of the lives of Muslims and other minority communities will be implemented." Facilitation will be provided for <keyword id="21027983" type="General" weightage="20" keywordseo="sri-lankan-tamil" source="keywords">Sri Lankan Tamil</keyword> refugees to get Indian citizenship. Assistance will be provided to those who wish to return to Sri Lanka. Also, the manifesto said efforts will be made to implement reservation for minorities at the all-India level, similar to Tamil Nadu. "The financial assistance previously provided to minority educational institutions has now been stopped. Action will be taken to resume this assistance." For "political" reasons, funding from foreign countries to non-governmental organisations (NGOs) has currently been stopped. "The Foreign Exchange Regulation Act will be properly amended, and measures will be taken to ensure these financial aids continue to reach NGOs without any problems." The proposal of 'One Nation, One Election' will be abandoned, and for the allocation of Lok Sabha seats to states, the current practice, based on the 1971 census will continue. All "people-unfriendly" laws introduced by the BJP government over the last 10 years will be reviewed immediately by the INDIA alliance government. The "labour-hostile laws" introduced by the BJP government will be "reformed." Through the Employees' Provident Fund (EPF), the Union government will ensure a minimum pension of Rs 5,000 per month. The number of working days under the Mahatma Gandhi National Rural Employment Guarantee Act will be increased from 100 to 150 days. "A wage of Rs 400 will be provided across states/ union territories nationwide." Disbanding the current NITI Aayog, set up by the BJP regime and establishing again the Planning Commission to draft plans based on the requests of state governments is another assurance the DMK has made. "Measures will be taken to reclaim Kachchatheevu to ensure India's security and to protect the welfare of the fishermen." A mandatory "cooling-off period" of 2 years will be introduced for retired judges and secretaries before they could join private companies or political parties, the manifesto said. Waiving loans and interests for farmers in nationalised and scheduled banks, waiver of educational loans for students, monthly entitlement of Rs 1,000 for all women in every state and formation of <keyword id="21027984" type="General" weightage="20" keywordseo="state-development-council" source="keywords">State Development Council</keyword> by including Chief Ministers were among the promises made by the DMK. Exemption for Tamil Nadu from the NEET exam and complete removal of toll booths on national highways, forms part of poll promises of the Dravidian party. Further, the DMK said amendments will be made to relevant laws to ensure that state governments, elected by the people, appoint Vice-Chancellors to state-run universities, rather than Governors. Stopping government's divestment from public sector enterprises, implementing the Sethusamudram project, law to ban online gambling, setting up a <keyword id="19895345" type="General" weightage="20" keywordseo="supreme-court" source="keywords">Supreme Court</keyword> branch in Chennai, providing statehood for <keyword id="19901639" type="General" weightage="20" keywordseo="puducherry" source="keywords">Puducherry</keyword>, equal funding for all state languages including Tamil, were among the host of other promises made by the DMK. Establishment of Tamil departments in varsities and stopping construction of <keyword id="19950851" type="General" weightage="20" keywordseo="mekedatu" source="keywords">Mekedatu</keyword> dam were also promised by the DMK. "The <keyword id="19996334" type="General" weightage="20" keywordseo="vishwakarma-scheme" source="keywords">Vishwakarma Scheme</keyword>, introduced by the BJP government to encourage caste-based occupations, will be restructured on the basis of social justice."

DMK vows to repeal CAA if INDIA bloc is voted to power

At Rosemead High, generations of students were harassed or groomed for sex as they tried to get an education

Twitter on Monday reiterated to comply with the <keyword id="11355317" type="UNKNOWN" weightage="20" keywordseo="new-it-intermediary-guidelines">new IT intermediary guidelines</keyword> in India as the <keyword id="6355014" type="COMPANY" weightage="20" keywordseo="delhi-high-court">Delhi High Court</keyword> issued notice on a plea against the non-compliance by Twitter India and the Twitter Inc. The plea, moved by advocate Amit Acharya, urged the <keyword id="6355392" type="COMPANY" weightage="20" keywordseo="High-Court">High Court</keyword> to issue direction to the Centre to pass necessary instruction to Twitter India and Twitter to appoint resident grievance officer under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules 2021 without any delay. The High Court issued notice to the Centre and Twitter, seeking their stand on the plea. A <keyword id="10084554" type="PERSON" weightage="20" keywordseo="twitter-spokesperson">Twitter spokesperson</keyword> told <keyword id="105681" type="COMPANY" weightage="20" keywordseo="IANS">IANS</keyword> that as stated earlier, the micro-blogging platform strives to comply with applicable law in India. "We continue to be strictly guided by principles of transparency, a commitment to empowering every voice on the service, and protecting freedom of expression and privacy under the Indian law," the Twitter spokesperson added. While Facebook, WhatsApp, <keyword id="6355629" type="COMPANY" weightage="20" keywordseo="google">Google</keyword>, Telegram, <keyword id="28120" type="COMPANY" weightage="20" keywordseo="Linkedin">LinkedIn</keyword> etc have either fully or partially complied with the new IT rules, Twitter is yet to follow suit. Twitter last week requested the IT Ministry to consider a minimum of three-month extension in order for the company to implement the new intermediary guidelines. Twitter, which witnessed a police raid on its offices in Delhi and Gurugram early this week related to the alleged Congress toolkit controversy, reaffirmed that it continues to accept grievances from users and law enforcement via its existing grievance redressal channel available under the new IT Rules. The company spokesperson had said that it plans to advocate for changes to elements of these regulations that inhibit free, open public conversation. "We will continue our constructive dialogue with the Indian government and believe it is critical to adopt a collaborative approach. It is the collective responsibility of elected officials, industry, and civil society to safeguard the interests of the public," the spokesperson said. The new rules notified in the gazette of India on February 25 under the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021, came into effect from May 26. SEE ALSO <a target="_blank" class="c-link" href="https://www.businessinsider.in/tech/apps/news/whatsapp-moves-the-delhi-high-court-against-indias-new-it-laws-says-report/articleshow/82965251.cms">WhatsApp moves the Delhi High Court against India’s new IT laws, says report</a> <a target="_blank" class="c-link" href="https://www.businessinsider.in/science/environment/news/cyclone-yaas-will-unleash-its-fury-for-another-12-to-18-hours-after-making-landfall/articleshow/82964922.cms">Cyclone Yaas will unleash its fury for another 12 to 18 hours after making landfall</a> <a target="_blank" class="c-link" href="https://www.businessinsider.in/tech/mobile/news/oneplus-is-giving-away-9000-worth-google-stadia-bundle-for-free-but-its-not-available-in-india/articleshow/82965884.cms">OnePlus is giving away ₹9,000 worth Google Stadia bundle for free – but it’s not available in India</a>

Twitter says it will comply with new IT rules after Delhi High Court issues notice

<ul><li><keyword id="790242" type="COMPANY" weightage="20" keywordseo="WhatsApp">WhatsApp</keyword> has sued the Indian Government over the new regulations that come into effect on Wednesday. </li><li>The Facebook-owned messaging service says the new laws mean an end to privacy. </li><li>WhatsApp says "traceability would break end-to-end encryption and fundamentally undermines people’s right to privacy."</li></ul>Update: WhatsApp has confirmed that it has moved to <keyword id="6355014" type="COMPANY" weightage="20" keywordseo="delhi-high-court">Delhi High Court</keyword> for its concerns over "traceability" that has the potential to violate the privacy of Indian users. Messaging platform WhatsApp has reportedly filed a complaint against the government of India in Delhi, in an attempt to prevent the new Information Technology (IT) regulations from being enforced. The <a href="https://www.businessinsider.in/india/news/indian-government-assumes-the-right-to-block-digital-news-content-along-with-a-new-set-of-regulations/articleshow/81209053.cms">regulations</a> come into force from Wednesday, which is said to compel Facebook-owned Whatsapp to break encryption or privacy protection of its users. Unnamed sources familiar with the case have told <a href="https://www.reuters.com/world/india/exclusive-whatsapp-sues-india-govt-says-new-media-rules-mean-end-privacy-sources-2021-05-26/">Reuters</a> that the lawsuit filed by WhatsApp demands the Delhi High Court to declare that one of the new rules violates the right to privacy guaranteed by the constitution of India. It requires social media companies to identify the "first originator of the information" when authorities ask for it. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were announced by the Centre on February 25, 2021, to regulate social media platforms by imposing a code of ethics and mandating a three-tier grievance redressal framework. One of the new laws gives the authorities the power to ask the companies to identify and reveal those accused of wrongdoing on their platform, but WhatsApp says it's practically not possible without compromising user privacy. Here's why WhatsApp is reluctant to abide by the new law WhatsApp messages are end-to-end encrypted. It means the details of the person sending the message and the content of the message are untraceable to ensure privacy. Identifying the originator of a particular message will require the company to break encryption for receivers and originators of the message. Breaking encryption is against WhatsApp's policy of offering a secure platform to users, which doesn't compromise the privacy of the individual. “Requiring messaging apps to “trace” chats is the equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp, which would break end-to-end encryption and fundamentally undermines people’s right to privacy. We have consistently joined civil society and experts around the world in opposing requirements that would violate the privacy of our users. In the meantime, we will also continue to engage with the Government of India on practical solutions aimed at keeping people safe, including responding to valid legal requests for the information available to us,” WhatsApp told Business Insider. The tussle between the Indian government and tech giants is getting fierce The new laws have escalated the tension between the BJP-led Indian government and the social media giants. Majorly because the time allowed to comply with the new laws is considered to be "too less" by these companies and there are a lot of missing details in the new set of rules. India is a key market for these companies and there have been several cases where the government of India has been found intimidating these platforms seeming to fulfil their party's personal agenda. Especially with <keyword id="6354616" type="UNKNOWN" weightage="20" keywordseo="Twitter">Twitter</keyword>, a <a href="https://www.businessinsider.in/india/news/delhi-police-serves-notice-to-twitter-india-visits-office-in-connection-with-covid-toolkit-probe/articleshow/82929756.cms">sudden police visit</a> to its offices in Delhi and Gurgaon, a couple of days ago without giving a reason. The visit took place soon after the micro-blogging service had marked posts by BJP's spokesperson Sambit Patra and others as "manipulated media", which means there was forged content in that post. Twitter has also come under fire because it <a href="https://thewire.in/government/twitter-manipulated-media-sambit-patra-tweet-congress-toolkit">did not take down the ‘manipulated media’ mark</a> on the <keyword id="6354642" type="COMPANY" weightage="20" keywordseo="Modi">Modi</keyword> government's demands. The government was also seen suppressing social media companies to remove not only what it "believes" is misinformation on Covid-19, but also posts that criticise the government and Prime Minister Narendra Modi's response to the grave second wave of the Covid-19 infections.

WhatsApp moves the Delhi High Court against India’s new IT laws concerning traceability of users

<ul class="summary-list"><li>A woman said a flight attendant made her exit a plane after confusing her eczema for mpox.</li><li>She's now suing Spirit Airlines, accusing it of anti-gay discrimination and intentional infliction of emotional distress.</li></ul>A woman who said she was escorted off a plane after a Spirit Airlines flight attendant <a href="https://www.insider.com/tiktok-user-escorted-off-plane-eczema-mistaken-for-monkeypox-2022-8">confused her eczema for mpox</a> is suing the airline, alleging anti-gay discrimination, according to a new lawsuit.According to a civil complaint filed on Wednesday at the Los Angeles Superior Court, Jacqueline Nguyen and her wife checked into a Spirit Airlines flight from Los Angeles to Dallas last August.But after all of the passengers were seated, a woman in a Spirit Airlines uniform approached Nguyen and her wife and asked them to get off the plane, according to the complaint.Nguyen was "very confused" by the request, and once she reached the jet bridge she asked staff what was going on, it said.A Spirit Airlines employee, who is not identified by name in the lawsuit, asked about the "rash" on Nguyen's face, the complaint said, with Nguyen explaining that it was eczema and was not contagious.But according to the complaint, Spirit Airlines staff expressed concern that Nguyen had been infected with the mpox virus..Mpox is a viral infection that is primarily spread by skin-to-skin contact. Though mpox can be spread through close contact, including sex, it is not considered a sexually transmitted disease.Anybody, regardless of sexual orientation, can spread mpox, though early reporting on the disease <a href="https://www.insider.com/monkeypox-gay-bisexual-men-affected-but-who-warns-stigma-2022-5">focused on the high number of cases amongst gay and bisexual men.</a>"This assumption demonstrated that Spirit Airlines was stereotyping Ms. Nguyen, as they seemed to believe that gay people are more vulnerable to carrying the disease," the complaint said.According to the complaint, Nguyen and her wife were asked to provide medical documentation to prove that she had eczema. Nguyen presented a tube of eczema cream and was allowed to reboard the flight, which had been delayed by the interaction."On the flight, Ms. Nguyen hid her face because of how humiliating and shameful the whole ordeal was to her," the complaint said.Nguyen told <a href="https://www.insider.com/tiktok-user-escorted-off-plane-eczema-mistaken-for-monkeypox-2022-8">Insider's Monica Humphries in August 2022 </a>that she remembered thinking, "Oh, my god, everybody here thinks that I'm diseased."Nguyen's lawsuit accuses Spirit Airlines of intentional infliction of emotional distress and sexual orientation discrimination.It's seeking an unspecified amount of damages, as well as an injunction preventing Spirit Airlines from requiring non-heterosexual passengers to prove they are traveling without sexually transmitted diseases."Defendants did not require any of the other heterosexual patrons present to prove that they were not flying with sexually transmitted diseases before being allowed to fly," it said.The airline did not immediately respond to Insider's request for comment.

A woman accusing Spirit Airlines of kicking her off a plane because it wrongly thought she had mpox is taking the airline to court

<ul><li>TikTok, a video based social networking app, is back in the <keyword id="6369511" type="UNKNOWN" weightage="20" keywordseo="google-play-store">Google Play Store</keyword> and Apple’s <keyword id="115504" type="ORGANIZATION" weightage="20" keywordseo="App-Store">App Store</keyword> in India after being banned in the country. </li><li>TikTok was banned in India for ‘encouraging pornography’ and ‘degrading culture’. </li><li>The ban took one day to enforce but one week to repeal after the <keyword id="6360667" type="UNKNOWN" weightage="20" keywordseo="madras-high-court">Madras High Court</keyword> lifted its interim order which banned users from downloading TikTok. </li></ul>TikTok, a popular video sharing mobile application, has finally made its return to the Google Play Store and Apple’s App Store in India after being banned in the country for <a href="https://www.businessinsider.in/tiktok-ban-in-india-for-hosting-porn/articleshow/68720430.cms">‘encouraging pornography’</a> and ‘degrading culture’. While ban on TikTik only took one day to enforce, it took one week to repeal after the Madras High Court <a href="https://www.businessinsider.in/tiktok-ban-in-india-lifted-by-madras-high-court/articleshow/69029626.cms">lifted the ban</a> on April 25. 
 <div type="ExtQuote" text="(We are) Aware of the fact that millions of users are denied their rights to have access to the said platform which also promises several good things." auname="Madras High Court when lifting the interim ban on TikTok in India"></div>



 It should be noted that while the interim ban has been vacated, the case still continues. So, depending on the final verdict there’s still potential for the app to be banned again. ByteDance, TikTok’s publisher, fought the ban stating that a ban against TikTok only <a href="https://www.businessinsider.in/tiktoks-appeal-against-ban-for-hosting-porn-in-indian-supreme-court/articleshow/68851962.cms">hurts the civil right to free speech</a> and “amounts to curtailing of the rights of the citizens of India”. And, while only a week long, the ban was an expensive ordeal for ByteDance. According to a court filing seen by <a href="https://www.reuters.com/article/us-tiktok-india-exclusive/exclusive-chinas-bytedance-says-india-tiktok-ban-causing-500000-daily-loss-risks-jobs-idUSKCN1RZ0QC">Reuters</a>, the ban was resulting in $500,000 of financial losses per day for Bytedance, the app’s publisher, while TikTok was losing 1 million new users per day. 
 <div type="ExtQuote" text="Banning has had adverse impact on the user base of this app, losing close to 1 million new users per day ... It is estimated that approximately six million requests for downloads could not be effected since the ban came into effect." auname="Court filing by ByteDance, TikTok’s publisher"></div>



 <a href="https://sensortower.com/ios/publisher/tiktok-pte-ltd/1322881000">Sensor Tower</a> estimates that user from India makeup for a large part of TikTok’s usage, home to 300 million of its one billion downloads globally. Even in Q1 2019, India led the number of downloads worldwide, which was more than double the number of its forerunner. 
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 While the case continues in India, TikTok is working on strengthening its efforts to fight against the misuse of its platform. It currently has 13 safety features in place including a way to filter comments, its anti-bullying guidelines and integration of the cVigil App — a solution provided by the Election Commission of India for users to flag any content that doesn’t abide by its Moral Code Code enforced during the elections. See also: <a href="https://www.businessinsider.in/tiktok-ban-in-india-for-hosting-porn/articleshow/68720430.cms">An Indian court has banned TikTok for ‘encouraging pornography’</a> <a href="https://www.businessinsider.in/tiktoks-appeal-against-ban-for-hosting-porn-in-indian-supreme-court/articleshow/68851962.cms">Banned for hosting porn, TikTok cites damage to free speech in its appeal to India’s Supreme Court</a> <a href="https://www.businessinsider.in/tiktok-ban-in-india-lifted-by-madras-high-court/articleshow/69029626.cms">TikTok ban lifted in India but it has lost at least 2 million users</a>

TikTok makes a triumphant return to Indian app stores a week after the ban was lifted

In a landmark judgment, <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword>’s Supreme Court has decriminalised <keyword id="34262" type="PERSON" weightage="20" keywordseo="homosexuality">homosexuality</keyword>, striking down a colonial era law from 1861, saying homosexuality is not an offense. Upholding the rights of individuals, a 5-judge bench led by India’s Chief Justice <keyword id="6355251" type="PERSON" weightage="20" keywordseo="dipak-misra">Dipak Misra</keyword> took a unanimous decision with the chief justice saying the “LGBT Community has the same rights as of any ordinary citizen. Respect for each others rights, and others are supreme humanity. Criminalising gay sex is irrational and indefensible,” the chief justice reportedly observed. The court has observed: 
 
 
 
 
 
 
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 The <keyword id="6362797" type="UNKNOWN" weightage="20" keywordseo="section-377">section 377</keyword>, which dates back to 1861, had criminalised sexual activities that are "against the order of nature." The law has been used to criminalise homosexuality in the country, often impinging on the rights of the LGBTQ community in India. A five-person bench headed by India’s Chief Justice Dipak Misra pronounced its judgment following a hearing in July on a string of petitions that had challenged the law as unconstitutional that violated the fundamental rights of citizens including the right to equality and right to freedom and expression. The right to privacy verdict of the Supreme Court earlier this year is also likely to be a significant factor that will influence the court’s decision. In 2013, India’s Supreme Court had overturned an earlier ruling by the <keyword id="6355014" type="UNKNOWN" weightage="20" keywordseo="delhi-high-court">Delhi High Court</keyword> which had decriminalised section 377 in 2009. The Indian government which had been given the option of enacting legislation that would have scrapped this law, had left the decision to the “wisdom” of India’s Supreme Court. The decision marks a key moment for both India’s Supreme Court as well as its outgoing Chief Justice Misra who will pass on reigns to Justice Ranjan Gogoi next month. In 2001, Netherlands became the <a href="https://www.businessinsider.com/where-is-same-sex-marriage-legal-world-2017-11">first</a> country to recognise same sex marriages. Same sex marriages are now legally permitted in over 20 countries including Australia, the US, New Zealand, Germany, and Malta, among others. Section 377 The section 377 of the Indian Penal Code is a colonial era law that criminalised sexual activities that are "against the order of nature” and was punishable with life imprisonment. Specifically, the language of the 377 states that “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” While the law has rarely been enforced, gay and civil right activists have long argued the law was used to harass members of India’s queer community. The 377 itself traces its root to the Buggery Act of 1533, enacted during the reign of King Henry VIII that criminalised and sodomy and bestality. Moment Of Pride The decision has been hailed as a historic win for the LGBTQ rights in India and Twitter as abuzz with celebratory tweets from celebrities and politicians alike: 
 
 
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Section 377 Verdict: India’s top court decriminalises homosexuality in landmark verdict

New Delhi, Nov 29 () RSS-affiliate Bharatiya Mazdoor Sangh (BMS) on Friday demanded that the government should send the Industrial Relations Code Bill to a parliamentary standing committee for a redraft as certain provisions are against the interest of workers.
 Labour Minister Santosh Gangwar introduced the bill in the Lok Sabha on Thursday amid protest by the opposition parties.
 "Government should withdraw the provisions going against the interest of the workers in IR Code and send to Parliamentary Standing Committee to redraft it," the BMS said in a statement.
 The union also asked the government that it should urgently find ways to address industrial failures otherwise the burden is being conveniently shifted to the shoulders of workers in the name of labour reforms.
 The union has decided to discuss its further course of action on the provisions and about industrial failure in a meeting to be held in Haridwar from 11-13 December 2019.
 It pointed out that the draft law will create a battleground in the industrial sector as its many provisions are against the interest of workers.
 The large exemption regime proposed will create jungle Raj where parties will be compelled to settle their disputes with muscle power. Lack of expertise and vision is explicit in such an exercise of redrafting India's labour laws, it added.
 It is of the view that the present provisions prohibiting strike will make the industrial sector a conflict zone destroying industrial peace and will create friction at floor level.
 The bill provides for a notice of strike before 14 days and within 2 months.
 The union thinks that it is clearly a restraint on strike and asked to remove penalty for "illegal" strike.
 Fixed-term employment is a new definition in the bill, which was not in the last draft.
 Casualisation and contractualisation is going to create an explosive situation in the near future and it will also lead to below quality productive activities in Industrial sector and create an India of "casualised" labour, the union added.
 The BMS also said that the government has no business in interfering with internal matters of Trade Unions like fixing the rate of subscriptions payable by the members, prohibition on person holding an office of profit as office bearer, restraining outsiders as office bearers, protecting members of trade unions who do not participate in strike thereby creating split and weaken trade union etc.
 In the new chapter IX and X on the permission for retrenchment, closure and lay off has been reduced/retained at 50-100.
 Due to high mechanisation, companies can now run with 20-30 workers compared to 100 workers for same operations in olden times, BMS noted while suggesting that the existing threshold limit of 100 itself is on the higher side.
 It was of the view that if each unit in an industrial establishment or undertaking is considered as a separate unit, it is easy for the employer to split up into smaller units and get out of the threshold limit to circumvent the coverage of various provisions of the labour laws.
 On the definition of "wages", it said that it excludes a long list of allowances etc. which will assist unscrupulous employers to avoid payment to ESI (employees state insurance) and EPF (employees' provident fund) etc. which is against the Supreme Court decision in Group Four case.
 The union also objected to the definition of "worker" which expressly excludes apprentice.
 It is also against the provision which makes oral evidence in disputes about standing orders inadmissible and arbitrary powers given to the government to nullify the awards of Tribunals passed after a long trial.
 The time limit prescribed for the worker to apply for the execution of recovery of money as "within one year" is also an anti-worker provision whereas the general civil law says 12 years. This is to support unscrupulous employers, it pointed out.
 Different dates for implementing different provisions, exclusion clauses, Government's power to give exemption, complicated definitions, the threshold limit for coverage of certain chapters etc. are age old methods which are against the spirit of Codification and simplification, the union added. KKS KKS MR

Send Industrial Relations Code Bill to standing committee for review: BMS

<ul><li>The Indian <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> granted a stay in the criminal proceedings against <keyword id="10456485" type="UNKNOWN" weightage="20" keywordseo="indian-billionaire-azim-premji">Indian billionaire Azim Premji</keyword> that were supposed to kick off tomorrow, on December 19. </li><li>Premji and four others have been accused of financial fraud and siphoning of funds to the tune of over ₹13,000 crore by the Indian Awake for Transparency NGO.</li><li>According to Premji, the complaints are motivated by personal vendetta under R. Subramanian who is using the NGO as a corporate façade to file frivolous litigation. </li></ul>Indian billionaire and founder of IT giant <keyword id="10862" type="CITY" weightage="20" keywordseo="Wipro">Wipro</keyword>, <keyword id="6419840" type="UNKNOWN" weightage="20" keywordseo="Azim-Premji">Azim Premji</keyword>, and his wife are facing allegations of financial fraud alongside two others. But, the Supreme Court has put a stay on the criminal proceedings against him and declared that Premji won’t have to physically appear in court on December 19. This comes after the Karnataka High Court dismissed petitions against the summons issued to Premji and four others for alleged criminal breach of trust and illegal transfer of funds. The case was registered after the Chennai-based non-governmental organisation (NGO) India Awake for Transparency accused them of illegally transferring funds from 3 different companies to a new company. “The issue is limited to amalgamation, your lords,” senior advocate AM Singhvi representing Azim Premji told the bench headed by SK Kaul. According to him, the allegations made in the complaints, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offences or make out a case. Allegations of financial fraud against Azim Premji Premji, the IT czar of India, is generally lauded for being the man <a href="https://www.businessinsider.in/azim-premji-gives-more-the-charity-than-his-net-worth/articleshow/71306177.cms">who gave away half of his net worth to charity. </a> However, India Awake for Transparency accused Premji of siphoning away ₹13,602 crores from three shadow banks — Napean Trading &amp; Investment Company, Vidya Investment &amp; Trading Company, and Regal Investments &amp; Trading Company — in the form of gifts between 2010 and 2012. The three companies were eventually merged into a fourth privately-owned trust called Hasham Investment and Trading Company. This gave the accused control over the remaining assets of the company worth ₹31,342 crore and it’s been losing money ever since. According to the plea, filed by a businessman in Bangalore, these actions violate several sections of the Indian Penal Code (IPC) and Prevention of Corruption Act. Alleged violations under the Prevention of Corruption Act: <ul><li>Sections 34, 120B: criminal conspiracy</li><li>Section 34: acts done by several persons in furtherance of common intention </li><li>Section 409: criminal breach of trust </li></ul>A summons was subsequently issued by an Additional City Civil and Sessions Court in January. Premji, his wife, Yaseem Premji and Pagalthivarthi Srinivasan initially approached the Karnataka High Court with petitions questioning the summons. However, they were shortly dismissed. According to Premji, the complaints against him are motivated by a personal vendetta. He believes that India Awake for Transparency is being used by a man called R. Subramanian as a corporate façade to file frivolous litigation against him and his affiliates. Hasham had earlier taken Subramanium to court for loan default and dishonoured cheques. SEE ALSO:

Azim Premji heaves a sigh of relief — Supreme Court stays criminal proceedings against the Wipro founder for siphoning off crores

(Photo Source: pxhere.com) <ul><li>Chartered accountants in India could reportedly face action who bring ‘disrepute’ the profession even outside work </li><li>CAs may lose their license in case they are found guilty of misconduct. </li><li>According to Supreme Court ruling, CAs could be penalised regardless of whether the misconduct was work-related. </li></ul>Professional or other misconduct even outside work could have severe consequences for India’s chartered Accountants, according to a recent ruling by India’s Supreme Court. Additionally, CAs could be stripped off their professional licence, effectively banning them from work as per the ruling, Economic Times <a href="https://economictimes.indiatimes.com/news/politics-and-nation/donning-cas-hat-means-being-an-accountant-be-accountable-24x7/articleshow/66817162.cms">reported.</a> “A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term not exceeding six months or brings disrepute to the profession or the Institute as a result of his action whether or not related to his professional work.” the Supreme Court said in its <a href="https://www.consultease.com/supreme-court/order-council-icai-vs-sh-gurvinder-singh/#.W_4sjmgzbIU">judgment </a>dated 16 November. Even drinking and driving or creating a public scene that disgraces the accounting profession could potentially amount to disciplinary action, according to the ET report, which cited Manoj Fadnis, former president of Institute of Chartered Accountants of India (<keyword id="6364696" type="UNKNOWN" weightage="20" keywordseo="ICAI">ICAI</keyword>) said. The decision came when a Supreme Court bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha was hearing a case related to an earlier high court judgment involving the Institute of Chartered Accountants of India (ICAI), which had earlier initiated proceedings against a CA, <keyword id="121229" type="PERSON" weightage="20" keywordseo="gurvinder-singh">Gurvinder Singh</keyword>, who was accused of <a href="https://www.consultease.com/supreme-court/council-icai-vs-sh-gurvinder-singh-supreme-court/#.W_4l22gzbIU">misconduct</a> in a matter related to the accused “transferring 100 shares” in this own name. While the ICAI council and Gurvinder Singh had settled the case between them, the disciplinary committee found that Singh’s conduct was “derogatory in nature and highly unbecoming.” Further details of the case weren’t disclosed. The Supreme Court bench overturned the high court ruling, saying it had not correctly appreciated the Sector 21(3) of Chartered Accountants Act 1949, under which ICAI could enforce disciplinary action in case an accused was guilty of a civil or criminal offence that carried a punishment under the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian penal code</keyword> of less than six months.

Chartered accountants in India may lose their license for misconduct even outside work

<ul><li>According to reports, a taskforce proposed a uniform rate of tax at 25% for both foreign and domestic companies. </li><li>It is also considering doing away with dividend distribution tax, which will help retail investors. </li><li>As per the new code, ‘assessing units’ will replace ‘assessing officers’. </li></ul> The <keyword id="3264804" type="PERSON" weightage="20" keywordseo="indian-taxation-system">Indian taxation system</keyword> has earned more red marks than their international counterparts in the last decade or so. Not only does the country have one of the most complex taxation system in <a href="https://www.thehindubusinessline.com/economy/india-is-second-most-complex-tax-jurisdiction-deloitte/article9714344.ece">the Asia Pacific</a>, it is also opaque making it tougher to interpret leading to disputes. But the country’s finance minister <keyword id="129243" type="PERSON" weightage="20" keywordseo="Nirmala-Sitharaman">Nirmala Sitharaman</keyword> is looking to change all that. She is known to have appointed a government taskforce which will rethink the entire system, according to<a href="https://economictimes.indiatimes.com/news/economy/policy/task-force-on-direct-taxes-panel-for-review-of-tax-brackets-surcharges/articleshow/70746712.cms"> an ET report</a>. The panel has proposed to alter tax brackets, revamp the Income Tax Act and make it tax-payer friendly. The report also quoted a government source which said that the new regime that the current government will herald will make it easy for taxpayers to comply with. Lesser tax, fewer brackets This includes individual taxpayers as well as businesses. According to a <a href="https://www.business-standard.com/article/economy-policy/direct-tax-code-2-0-task-force-for-big-relief-to-individual-taxpayers-119082000023_1.html">Business Standard report</a>, the Direct Tax Code 2.0 as they called it, proposed a uniform rate of tax at 25% for both foreign and domestic companies. This would bring in more foreign investments into the country. It is also considering doing away with dividend distribution tax, which will help retail investors and also those companies which would want to reward their shareholders. This would be a welcome relief for stock markets which have been fighting a losing battle with the government over clarification on Goods and Services Tax on foreign portfolio investments or FPIs. Temporary surcharge This Budget also made an unpopular move to introduce a surcharge on the super rich. The government increased tax on those with annual income of ₹2.5 crore to 25% from 15%. Those who earn more than that were to be taxed at 37%. The panel is recommending the government to turn this surcharge on super-rich ‘temporary’ providing relief to the many high-networth individuals in India. Managing litigation The report also said that as per the new code ‘assessing units’ will replace ‘assessing officers’. It also allows for settlement via mediation instead of prolonged tax battles which financially stress the taxman as well as the assessee. Tax litigation has been affecting the government as well as the taxpayers due to long-standing court battles. As much as ₹5.71 lakh crore is<a href="https://timesofindia.indiatimes.com/business/india-business/tax-disputes-of-rs-5-7l-cr-tied-up-in-pending-cases/articleshow/70166658.cms"> tied up in</a> tax litigation as appeals on tax decision pile up. In fact, Central Board of Direct Taxes itself said that it will focus on litigation management. SEE ALSO <a>Indian Prime Minister's economic advisor has 3 ideas to keep the economy running fast, on its own</a>

You Searched For "Uniform Civil Code high court" and got 12 results

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At Rosemead High, generations of students were harassed or groomed for sex as they tried to get an education

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WhatsApp moves the Delhi High Court against India’s new IT laws concerning traceability of users

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A woman accusing Spirit Airlines of kicking her off a plane because it wrongly thought she had mpox is taking the airline to court

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TikTok makes a triumphant return to Indian app stores a week after the ban was lifted

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Section 377 Verdict: India’s top court decriminalises homosexuality in landmark verdict

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Send Industrial Relations Code Bill to standing committee for review: BMS

PTI

Azim Premji heaves a sigh of relief — Supreme Court stays criminal proceedings against the Wipro founder for siphoning off crores

Prabhjote Gill

Chartered accountants in India may lose their license for misconduct even outside work

BI India Bureau

Direct taxes in India will be a lot simpler if Nirmala Sitharaman accepts these 3 proposals

Katya Naidu

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