legal

46 held for illegal sale of liquor during lockdown

As many as 102 cases of illegal sale of liquor amidst the national Coronavirus lockdown were registered across Maharashtra on Sunday and 46 people arrested, an Excise department official said.'

The department has seized eight vehicles and liquor worth R16.34 lakh during raids, he said. "The excise department has been receiving several complaints of violation of the lockdown rules by selling of liquor. Acting on tip-offs, raids were conducted," he said.

A total of 46 people were arrested and 102 cases for illegal production, transport and sale of the country liquor registered, taking the total number of such cases to 2,383 so far. "So far, 937 arrests have been made and 115 vehicles seized. The seized liquor and other items have the collective market value of R5.71 crore," he said.

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New manual charts out route for LGBTQ community to navigate the legal framework


(Left to right) Vidhi Legal members Namrata Mukherjee, Nitika Khaitan and Nivedita Saksena. Pic/Ajay Gautam

The legal framework in India has often posed many a problem for members of the LGBTQ community. Some regulations are being changed, and certain implementations are underway. But, taking into account the slow pace of change, a new manual helps members of the queer community navigate the lacking legal regime, as it exists currently.

The manual deals with identity documents, violence, education, health and personal finances. It is the brainchild of Vidhi Centre for Legal Policy, a Delhi-based think-tank conducting legal research assisting the government to make better laws. Namrata Mukherjee, a core member of the team explains, "Legal change will only come slowly; meanwhile, it is important to spread awareness on how queer community can access its rights, working around the law that's already in place." Pallav Patankar, former director of programmes at Mumbai's The Humsafar Trust, India's oldest LGBTQ organisation, scrutinised the 112-page manual. While he's appreciative of the initiative, he outlined certain critical insights to us which we got Vidhi Legal to respond to.


Pallav Patankar. Pic/Pradeep Dhivar

Trans women having two PAN cards - male and female - which is illegal
"This is because of the (hitherto) missing option of transgender, on the PAN card application," says Nitika Khaitan, another core member. "As of three weeks ago, that option has been introduced. Now you can reapply with the gender of your choice."

The manual seems to be critical about the concept of Aadhaar...
"Aadhaar has been at the centre of controversy mainly due to privacy concerns. Because privacy is intrinsic to this community, it's important to flag this. We are in no way influencing the debate," says Mukherjee. The manual states clearly that Aadhaar does not require people to verify their gender. "You are supposed to be able to put the gender of your choice. The implementation of this, of course, depends on the concerned on-ground officer," she adds.

Discrimination in school addresses the transgender issue and not sexuality
"There's very little by way of government policies that addresses the issue of discrimination at the school level. While UGC guidelines for trans students are there, there is no such thing with regards to sexuality," says Khaitan. The manual is addressed entirely to those above 18 years of age. "Underage boys and girls often face problems related to violence, healthcare, emotional abuse and discrimination in educational institutions. This is one area where we have not been able to find a solution," she adds.

The listed steps while procuring a voter ID are not followed by officials
Mukherjee says, "We have heard several complaints related to this. One tactic could be to take a copy of the NALSA judgment (National Legal Services Authority vs Union of India) that recognises the fundamental and civil rights of transgender persons, and present your case to the officials on ground. Another option is to approach your local MP and get him to write a letter on your behalf which you can take to the electoral photo ID centre and then mark the gender of your choice. You must also carry the gazette notification that says you've changed your name and gender. But, the success of these tactics depends entirely on the attitude of on-ground officials."

The chapter on health is from an academic perspective on health, gender dysphoria and gender affirmative therapy. What is the legal connect with India?
"There isn't a connect. There is nothing in our legal framework that regulates gender dysphoria or gender therapy. Because the queer community always encounters discrimination or harassment when they approach healthcare service providers, we have outlined general remedies that would be available to them under medical negligence laws, HIV Act; specific provisions that address discrimination that not many know of," says Khaitan.

Some suggestions in the manual seem to apply only to the digitally literate
Mukherjee says, "We are cognisant of the fact that access is determined by class. The idea of the manual is to reach grassroot LGBTQ organisations that will be able to disseminate the manual more effectively. This could be a tool that they can hopefully rely on while trying to access justice. We are also getting the manual translated into five regional languages." Add to this, the first chapter on identity documents is being recorded as a Hindi podcast. "We hope to publish it on social media, so that people can easily access it on WhatsApp etc."

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ICC to consider legalising ball tampering

The usage of artificial substances to polish the cricket ball, which effectively means ball tampering, could be considered for legalisation when the game resumes after the COVID-19 pandemic that has made bowlers wary of applying saliva on the red cherry. 'ESPNCricinfo' reported that administrators are "open to the option of allowing for the use of an agreed artificial substance to polish the ball under the supervision of the umpires", which amounts to ball-tampering as per the current rules governing the sport.

However, an ICC CEC member, who PTI spoke with, refused to say whether such a discussion will happen and only revealed that "saliva on the ball is something they will consider but at a later date when it looks like we will have a return to cricket." The matter of saliva being unsafe was raised by the ICC's medical committee and it would be addressed before cricket resumes. All sports activities have come to a halt after the coronavirus outbreak. Shining the ball is an integral part of Test cricket as it helps the bowlers swing the ball, both conventional and reverse.

If the move gets the go ahead, it would be quite ironic for the game's administrators after the 2018 ball-tampering controversy which led to one-year bans on Steve Smith and David Warner for conspiring to use sandpaper to alter the ball. Following the chief executives meeting of the ICC on Thursday, its medical committee, headed by Peter Harcourt, had issued an update.

"Our next step is to create a roadmap for the resumption of international cricket which will include a criteria for decision making and a checklist for what needs to happen. "This will consider everything from player preparation to government restrictions and advisories and bio-bubbles. The scale and complexity of getting cricket started again cannot be underestimated particularly with respect to a global event," Harcourt said. Australian pacer Josh Hazlewood recently said that Test cricket will become harder if the bowlers did not have enough means to move the ball.

"I think the white ball would be fine, (but) Test cricket would be very hard. Bowlers rely on any sort of sideways movement in the air," said Hazlewood. "If you didn't maintain the ball at all for 80 overs it would be quite easy to bat after that initial shine has gone. Whether you use saliva or sweat, maybe one person can do it.

Former India pacer Venkatesh Prasad supports the idea of not using saliva on the ball. "When the action resumes, they should use only sweat for some time as safety of the players is paramount," former pacer Prasad, who played 33 Tests and 161 ODIs for India, told PTI. However, he reckons it will be tough for the bowlers to stop all of a sudden.

"When you are in the thick of things, you tend to forget it. You have to get the upper hand over the batsmen as you can't use anything else besides sweat and saliva. "The question is what do you do when the batsman is pulping you? You need to swing the ball and what helps swing the ball is the aerodynamics," the 50-year-old explained.

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Michael Holding, Alan Donald divided over legalising ball tampering

Michael Holding feels legalising ball tampering in the post COVID-19 world is a bit "self contradictory" while Proteas great Allan Donald is completely on the opposite end of the spectrum on a subject that has divided opinions. The International Cricket Council (ICC), during its recent CEC meeting, considered the use of artificial substances on the ball instead of saliva.

"I have read that ICC is contemplating preventing people from using saliva on the ball due to COVID-19 and allowing them to use foreign substances on the ball to keep the shine on but in front of the umpire. I don't understand the logic behind that," Holding told ESPNCricinfo. The West Indies great also questioned the ICC for shifting its stand on the issue by allowing foreign substance instead of saliva or sweat. "Before they got to that point they said if they restart cricket it has to be played in a bio-secure environment.

"They were saying cricketers for instance would have to isolate themselves for two weeks to make sure that everything was fine for when they got to the venue before the match started. And everyone involved (with the match) will have to do the same thing," he said. What Holding can't fathom is that if people quarantine themselves and then start playing, why saliva can't be used then.

"Now, if you are saying everyone is in the bio-secure environment, you are staying in the same hotel, you are not moving for the length of time you are playing the matches, if that is the case why are you worried about someone's saliva? "That person according to what you are doing should be free of Covid-19. If the ICC thinks that the two-week period to prove that you are free of Covid-19 is not foolproof, then that means you are putting everyone in that environment in jeopardy?

"Why would you want to play cricket under those circumstances? It's either safe or it's not. No guessing, please," one of the most respected voices in world cricket said. Pakistan legend Waqar Younis made it clear that use of saliva is a must and can't be done away with when competitive cricket resumes. "As a fast bowler, I reject this because this (using saliva and sweat) is a natural process. A ball exchanges hands all day, you run in, huffing and puffing, you sweat and using saliva is natural rather than on intent. It's a habit and you just can't control this aspect," Waqar said.

He felt that all these kind of ideas show desperation to start proceedings. "I don't know how this discussion came up but I feel people who want the game to be played are frustrated with the lockdown. They are overthinking about it. I doubt this new idea of using (artificial) substance instead of saliva is a solution.

"You can make a bowler use a predefined substance on the ball, but at the same time practically it's not possible to prevent a bowler using his sweat or saliva," Pakistan's current bowling coach said. Donald, however, is open to the idea. "I absolutely agree with legalising ball-tampering. I said so in an article sometime in the 2000s. It happens anyway, we see guys throwing the ball on the ground and umpires say to throw it up and it's pretty obvious what they are doing. It could work if it is well-monitored."

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Research Headlines - Enlisting feathered friends to fight illegal fishing

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Canada Moves Towards Legalizing Doctor-Assisted Suicide

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Marijuana-Derived Medicines Become Legal in Macedonia

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Illegal Levels of Arsenic Found In Rice-Based Baby Foods

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Potential and Limitations of Brain Science in Legal Contexts

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Cannabis Might Get Legalized in Thailand for Medical Use

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Corporate Secretarial and Legal for CS SEMI QUALIFIED

Company: Taggd
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KGF makers to take legal action against Telugu TV channel for illegally playing Yash-starrer

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Despite progress made and improved legal framework, OECD seriously concerned about Turkey’s level of detection and investigation of foreign bribery

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Peer Review Report of Chile - Phase 1: Legal and Regulatory Framework

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Typology on Mutual Legal Assistance in Foreign Bribery Cases

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legal

Despite progress made and improved legal framework, OECD seriously concerned about Turkey’s level of detection and investigation of foreign bribery

Turkey is a significant and geopolitically critical economy. Its companies, like those from many other countries, operate in corruption-prone sectors and countries. In spite of this, only 10 allegations have come to the attention of Turkish authorities since foreign bribery became an offence in Turkey in 2003.




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Brazil closes legal loophole on foreign bribery: OECD hopes this will now translate into stepped up enforcement

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The legal framework applicable to joint interpretive agreements of investment treaties

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Liability of Legal Persons for Foreign Bribery: A Stocktaking Report

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Mutual Legal Assistance in Asia and the Pacific: Experiences in 31 Jurisdictions, 2017

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Brazil closes legal loophole on foreign bribery: OECD hopes this will now translate into stepped up enforcement

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Liability of Legal Persons for Foreign Bribery: A Stocktaking Report

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Australia Imports of Coin Excl. Gold Coin Not Legal Tender

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O2 threatens legal challenge to UK 5G auction

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Chris Packham launches legal action against HS2

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Introducing Behind the Money: Barclays and the legal fight over a 'controlling mind'

Behind the Money is a podcast from the Financial Times that takes listeners inside the business and financial stories of the moment with reporting from FT journalists around the world. You can find Behind the Money wherever you get your podcasts, including FT.com/behindthemoney.


A costly investigation into the conduct of senior Barclays bankers during the 2008 financial crisis has raised questions about what it means to prosecute allegations of corporate crime, and whether Britain’s fraud laws need overhauling. The FT's Caroline Binham and Jane Croft report.

 

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Meghan Markle loses first round of legal battle

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