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Is The Use of ‘Nazi’ An Insult And Illegal In Germany?

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Is The Use of ‘Nazi’ An Insult And Illegal In Germany?
Is The Use of ‘Nazi’ An Insult And Illegal In Germany?

An angry American traveller recently landed in serious legal hot water in Germany after allegedly calling federal police officers “Nazis” while involved in a dispute at Frankfurt International Airport.

According to the police, a 49-year-old professor became “unreasonable and irritated” when she was told that she had too many liquids in her carry-on during security screening. As the matter escalated she allegedly called them “f–ing bastards” and “f–ing German Nazi police.”

But according to her she never called the police “Nazis,” and they had apparently misheard her when she wondered aloud why she was caught rather than the “Nazi-looking dude” with a “Hitler’s youth haircut”  behind her.

As a result of the dispute, the woman now faces preliminary criminal proceedings on suspicion of slander, along with a $260-bill (€207)  for legal expenses.

Implications of The Nazi Insult

Nazi insults have a long history in postwar Germany as it refers to the horrors of the Third Reich .

According to Heidrun Kämper, an expert in cultural linguistics and terminology at the Institute for the German Language in Mannheim, calling someone a Nazi invokes the entire range of issues associated with “a totalitarian dictatorship, the belief in conforming to one reality.”

He added that such an insult brings up “the oppression known under that type of state.”

Differentiating between Slander and Freedom Of Speech

The use of the insult still tests the line between freedom of speech and slander in the country .

However two lawsuits  in 2017 provided more leeway to satire and political freedom.

In the case the AfD’s Alice Weidel a Hamburg court dismissed her cease-and-desist request against a show which had referred to a “Nazi bitch,” as it was clearly satire.

The other case was against Green politician Volker Beck  who lost a slander case wherein a far-right politician had called him Obergauleiter of hordes of members of the Nazi paramilitary SA.

The country’s top court overturned an earlier lower court ruling as the two politicians had been involved in a sparring match, and therefore the insult was considered polemical rather than slanderous.

However these cases involves politicians and laypersons may have more cause to take offense.

Not Illegal But Considered Slander

The German penal code holds slander as a criminal offense. For example an impatient driver who shouted “You old a–hole,” was penalised with a €1,600 fine in 2016.

However comparing people to Nazis is in a class of its own under German law. Law professor Manfred Heinrich of Kiel University  noted that calling some only a Nazi has more to it than the insult ‘you’re dumb’ , as calling someone ‘Nazi’ “implies unscrupulous acts and barbarism” .

Heinrich further pointed out that Germany has outlawed the glorification of Nazism, but there is no actual law forbidding calling someone a Nazi.

Under German law “hurting someone’s honor” or hurting someone’s reputation via verbal abuse is illegal and this constitutes slander, which includes calling someone a Nazi.

 

SC Orders Delhi High Court To Ensure Home Buyers’ Interests Remains Protected In Assotech Windsor Court Case

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SC Orders Delhi High Court To Ensure Home Buyers’ Interests Remains Protected In Assotech Windsor Court Case
SC Orders Delhi High Court To Ensure Home Buyers’ Interests Remains Protected In Assotech Windsor Court Case

The Supreme Court has asked the Delhi High Court to protect the home buyers’ interest in the Assotech Windsor Court project.

A division bench  headed by Justice Arun Mishra passed the judgment after hearing a bunch of petitions filed against real estate major, Assotech Private Limited by the home buyers.

Winding Up Challenged In PIL 

Around 100 home buyers of Assotech Windsor Court project have filed a PIL challenging the winding up of the real estate company, Assotech Private Limited and sought the Apex Court’s direction and intervention to keep their interests intact.

Supreme Court lawyer and Advocate on Record (AoR) Ashwarya Sinha, the counsel who is representing many of the petitioners, told the top court that the petitioners had invested “their hard earned money” in the Assotech Windsor Court project being developed at Noida Sector – 76.

The counsel submitted that if the company was closed down without the interests of the homebuyers “being secured”, then it “would cause severe hardships” to them.

The petition has been filed in the Apex Court with a view ensure justice for the homebuyers.

The Supreme Court bench passed the ruling  after hearing Sinha ‘s arguments and submissions and stated that the Delhi High Court must “keep in mind the interests of home buyers” before passing any order in the case.

 

Indian Ambassador To China Urges Against Changing “Status Quo at Sensitive Points” at Border

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Indian Ambassador To China Urges Against Changing “Status Quo at Sensitive Points” at Border
Indian Ambassador To China Urges Against Changing “Status Quo at Sensitive Points” at Border

Indian Ambassador to China Gautam Bambawale has said that it is important to not alter the “status quo” at sensitive points at the India-China border adding that the Doklam standoff was blown out of proportion.

Speaking to the state-owned Chinese newspaper Global Times, the ambassador said that post-Doklam, India and China must hold candid talks for resolving contentious issues, such as the $50 billion China Pakistan Economic Corridor (CPEC).

The standoff at Doklam in Sikkim lasted for 73 days and started when the Chinese military attempted to build a road close to Chicken Neck corridor, sparking tensions. It finally ended after China agreed on August 28 to stop road building.

China has asserted rights on Doklam which is also claimed by Bhutan. According to recent reports however, Chinese troops are building facilities near the standoff area. There are also reports of Chinese military attempts to develop a road inside the Indian Territory in Siang district in Arunachal Pradesh which has since been resolved.

Must Work Together And Be Sensitive To Others’ Concern

Bambawale said that it was important to “talk to each other and not talk past each other”, adding that both countries must be “sensitive to the other side’s concerns” and the interactions must be based “on equality and mutual benefit”.

Bambawale also sought to dispel the notion of India-China rivalry, stating that India and China are “partners in development and progress”, and not rivals.   He said that with better “trust and understanding” there will be “a stronger partnership” between the two countries .

He also asserted that there is no “anti-China mentality” in India, noting that many in India have “great admiration” for China’s achievements in economic development.

Bambawale also referred to the success of Bollywood superstar, Aamir Khan’s Dangal and Secret Superstar in China and asked for China to allow screening of more Indian films as that will enable the Chinese to understand India better.

Trade Deficit And CPEC Issues Must Be Discussed

Bambawale however also took the opportunity to highlight some of the major issues between the two countries:

  • The first issue is the “large and growing trade deficit” with China. Bambawale pointed out that the deficit for India in 2017 is likely to be USD 55 billion, and asked why China is not opening its markets to Indian Pharmaceuticals and IT products.
  • The second issue highlighted by him was that the CPEC currently passes through “Indian-claimed territory” which violates India’s “territorial integrity”. He said that the two sides must discuss the issue and not “push it under the carpet”.

Bambawale has suggested that India and China work together this year for having more summit-level meetings and official meetings in addition to improving exchanges of military personnel, parliamentarians, business persons, journalists, academicians, students, sportspersons and filmmakers.

More Investments In India

Highlighting the success of Chinese telcom firms in India, Bambawale called for more Chinese investments in the country.  He also suggested exploring the possibility of Chinese companies helping in India’s ‘Smart Cities’ program .

Bambawale observed that India and China have common positions on several international and global issues, one of which is that of climate change.

He said that it was especially important to continue to working together on the issue given the current international situation, and congratulated Beijing city on improving its air quality by reducing pollution.

United Nations Human Rights Experts Urge Egypt To Stop Death Sentences And Review The Trials

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United Nations Human Rights Experts Urge Egypt To Stop Death Sentences And Review The Trials
United Nations Human Rights Experts Urge Egypt To Stop Death Sentences And Review The Trials

Egypt must cease all executions until the country has reviewed the death sentences and retry any convictions found to be based on unfair trials, according to five independent UN human rights experts.

Egypt’s mission to the United Nations is yet to comment but Egyptian prosecution and judicial sources have rejected the criticism.

The experts said that they had raised several ”specific cases” with the Egyptian authorities and are continuing to receive several others.

These UN experts report to the UN Human Rights Council on several areas such as extrajudicial executions, arbitrary detention, enforced disappearances, torture and the protection of human rights while countering terrorism.  They are José Antonio Guevara Bermúdez, Agnes Callamard, Bernard Duhaime, Nils Melzer, and Fionnuala D. Ní Aoláin.

Allegations Of Torture And Ill-treatment

The experts said that given the “persistent serious allegations”, the Government must halt all pending executions.

The experts have expressed concern on the apparent pattern of death sentences being handed out on evidence that is obtained “through torture or ill-treatment”.

They asked that all death sentences be reviewed and in cases where the convictions are based on unfair trials, the individuals be offered retrials wherein Egypt’s human rights obligations “are fully respected”.

According to the special rapporteurs, the death penalty must be used only for the most serious crimes and only after due process with all legal safeguards.

In the past year, an Islamic State insurgency in North Sinai has grown to include civilian targets. Egypt recently renewed its state of emergency for three further months, and has broadened the power of authorities to crack down on its “enemies of the state”.

Sentences Based on Fair Trials

According to Egyptian prosecution and judicial sources verdicts in all cases are based on proof from investigations, forensic evidence and confessions, adding that the courts do not rely on confessions that are believed to be the result of torture or coercion.

Some Egyptians sources have called the UN statement “meddling” in Egypt’s judicial affairs noting that death sentences are given out only after fair trials are held where the rights and defence of the accused are guaranteed as per the law.

The sources also pointed out that those convicted had committed crimes that had caused deaths of innocent people and had also threatened the national stability and security – both of which are capital offences in Egypt.

 

Missouri’s Abortion Law To be Challenged in State Supreme Court By A Satanic Temple

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Missouri’s Abortion Law To be Challenged in State Supreme Court By A Satanic Temple
Missouri’s Abortion Law To be Challenged in State Supreme Court By A Satanic Temple

The Satanic Temple has challenged abortion restrictions prevalent in the state after a member argued before the Missouri Supreme Court that they violate her “deeply held religious beliefs”.

Identified anonymously in court documents as Mary Doe, the petitioner won her state appeals petition last year with the court ruling that Missouri’s law requiring an ultrasound of her fetus prior to an abortion could be violating  ” the Religion Clause rights of pregnant women”.

Under Missouri’s abortion law a mandatory three-day waiting period is needed and it includes other requirements like a woman seeking an abortion must read a booklet, view an ultrasound and hear the fetal heartbeat. Doe’s lawsuit alleges these requirements violate constitutional religious freedom.

Law Punishes Women Who Disagree With Religious Viewpoint

According to a media report, the Satanic Temple, which has filed a lawsuit on Doe’s behalf, has presented oral arguments for the case which is slated to head to the state’s highest court.

Jex Blackmore, a Satanic Temple spokeswoman, said in an earlier statement that the state had “essentially established a religious indoctrination program” aiming to “promote a religious viewpoint” that life starts right at conception. He further added that Missouri’s law aims to punish women “who disagree with this opinion.”

The Satanic Temple is a religious organization, which has grabbed headlines in recent years acting as a foil to religious influence in government by making demands like asking for a statue of Baphomet on public grounds.

Religious Objections Not Stated ‘Sufficiently’

As per case records, Doe became pregnant in February 2015 and asked for an abortion at a St. Louis clinic that May. The clinic offered Doe to hear her fetus’ heartbeat during an ultrasound and gave her a booklet that “states that human life begins at conception.”

She underwent the abortion after the required 72-hour waiting period, despite submitting to doctors a letter beforehand stating her “deeply held religious beliefs” that a non-viable fetus is not considered “as a separate human being”  but is part of her body and that an abortion doesn’t terminate “a separate, unique, living human being.”

The question under debate is whether Doe “sufficiently stated” her religious objection to the law.

According to Missouri Attorney General Josh Hawley’s office, Doe “failed to allege any conflict between her putative Satanic beliefs” and the state’s law. In her ruling Judge Laura Denvir Stith stated that while doctors need to provide the booklet, Doe “wasn’t required to read it,” and wasn’t “forced to say she agreed with it.”

Conjugal Visits For Prisoners A Fundamental Right: Madras High Court

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The Madras High Court recently granted a two-week conjugal visit for the “purpose of procreation” to Siddique Ali, 40, an inmate of Palayamkottai Central Jail who is serving a life term.

A division bench of the high court presided by Justices S Vimala Devi and T Krishna Valli approved the conjugal visit after he filed a habeas corpus petition along with his wife. The court granted the request citing a resolution by the Centre that conjugal visits are a right and not a privilege and that laws in several countries allow such a visit.

A conjugal visit is a scheduled visit in which an inmate can spend time with their legal spouse, with the duration ranging from several hours to several days.

Conjugal Visits Important To Preserve Family Bonds

A modern-day concept, conjugal visit has been adopted by several countries such as Germany, Canada, Russia, Belgium, Spain, Spain, Saudi Arabia, Denmark with some countries like the US,  Brazil and Israel even allowing same-sex conjugal visits.

The idea is being adopted slowly by countries worldwide based on the notion conjugal visits are an important factor in preserving family bonds and helps reduce tendencies in prisoners to commit break prison rules and regulations.

Psychologists, psychiatrists, prison reforms and academics acknowledge that conjugal visits enable an inmate to return to normal life after being released from prison.

Currently, India has no laws expressively allowing conjugal visits to inmates. In 2015, Punjab and Haryana High Court, however allowed conjugal visits and artificial insemination for inmates while hearing a case.

Justice Surya Kant ruled that unless reasonably classified, prison inmates were entitled to the right to procreate even while incarcerated adding that it was a fundamental right. The court stated that it would be the sole prerogative of the state to regulate a legally established procedure for the same.

Jail Manuals Do Not Allow For Conjugal Visits

In the Siddique Ali case, authorities had opposed his petition stating that the jail manuals do not leave for such requests.

The Madras HC however noted that according to Rule 20 of Tamil Nadu suspension of Sentence Rules, 1982, the seventh ground for suspension is mentioned as “any other extraordinary reason.”

It ruled that the case came under this scope as there was no law or regulation applicable to it. The court additionally stated that even without the provision, the court can use Article 21 to consider the plea of the wife-petitioner as she is not incarcerated and cannot be denied her legitimate expectation to have a child.

The petition for the leave was sought  by the inmate to assist his wife in her fertility treatment and the court has said that additional leave can be considered if the treatment required so.

While passing the order, the judges stated that conjugal visits help prisoners “maintain relationship with families, reduce recidivism and motivate and an incentive to good prisoners,”  adding that reforming the prisoners was a part of “the correctional mechanism” provided by the criminal justice.

Current Systems Offer Low Contact

In the Sunil Batra ruling of 1978, Justice Krishna Iyer had stated that “Imprisonment does not mean farewell to fundamental rights” as available under the Constitution.

So far several committees have been set up on prison reforms but structural change has been negligible. Even the recommendations contained in the most comprehensive prison reforms report till date, Justice Mulla-chaired All India Committee on Jail Reforms are yet to be implemented.

Current prison framework do not allow for prolonged contact between prisoners and their families. The standard protocol of mulaqat system under which families are allowed to visit inmates last justs around 20 minutes, and are held in noisy and crowded rooms.

Open-air prisons or prisons without bars are more lenient and in prisons such as Sanganer open camp selected convicts can reside with their families.

Lack of conjugal rights was seen by the Madras High Court as a reason for rising cases of HIV/AIDS in prisons, noting that “deprivation of conjugal relationship” had resulted in sexual intercourse between same genders increasing the incidence of HIV cases.

The court has suggested that a committee be setup for address the issue of conjugal visits.

 

Training Police Officers Can Help Reduce Violence Against Women in India

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Training Police Officers Can Help Reduce Violence Against Women in India
Training Police Officers Can Help Reduce Violence Against Women in India

Although in recent years the issue of women’s rights has increasingly entered the society’s consciousness, the movement still is in its infancy, according to Sunita Toor, Principal Lecturer in Criminology, Sheffield Hallam University.

Hundreds of women and girls each year continue to be victims of gender violence in India. The latest National Crime Records Bureau report reveals that crimes against women have gone up 34% in the past four years. This again is only a small proportion as most victims hesitate to come forward and seek help from the police, Toor said.

In the past two years Sheffield Hallam University’s Helena Kennedy Centre for International Justice has been working in India leading a project called Justice for Her which seeks to improve access to justice for women and girl who are victims of violence. The program is a collaborative effort with the Indian police in the states of Delhi, Haryana, Madhya Pradesh and Punjab.

Changing On Ground Perceptions

The project has sought to ensure that the police prioritise the protection of women and girls who have been victims of violence and ensure they don’t fear being victimised again.

Justice for Her has developed a training programme for police officers and lawyers for appropriately and effectively dealing with cases involving violence against women, and securing justice for victims.

Toor stated that the training uses a wide range of approaches, such as role play, group discussions, lectures, simulation exercises and self-reflection workshops. The aim of the program is to help police have full ownership of the issue, and feel fully equipped to deliver the right support and protection to female victims.

The program organisers visited individual stakeholders across the states to ensure the training programme was informed by them while also meeting victim’s needs and the nuances of each state, she said.

Better Understanding Of Victims

The training programme recently concluded its sessions with senior police trainers across all major police training academies in the four states. It also held sessions with those having a strategic remit of dealing with crimes against women.

In Toor’s opinion, the program has changed how police offers are trained about gender violence in the states, increasing the focus on “empathy, the victim and moral principles”, and has also helped to challenge current police strategies .  It has empowered the police personnel to perform their duties far more effectively, without prejudice or discrimination, she noted.

According to Toor, such changes can also help tackle the limited impact of the government’s recent legislation to deal with violence against women and girls.

Training To Be Adopted Into Teaching Curriculum

Toor stated that the success of the project has led to the training being included in the curriculum for many new police recruits in the four states. It is also slated to be extended to existing officers in the field.

As a part of the project senior Indian police visited the UK to observe how British police officers tackle gender violence.

Following a model seen in the UK, the MP state police force has said that it will open 51 one-stop victim support centres for women. In these centres, female victims will be provided necessary support and crucial services  including legal advice, medical attention and counselling.

 

Canada To Introduce Legislation On Elevator Maintenance To Tackle Report Findings On Poor Availability And Reliability

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Canada To Introduce Legislation On Elevator Maintenance To Tackle Report Findings  On Poor Availability And Reliability
Canada To Introduce Legislation On Elevator Maintenance To Tackle Report Findings  On Poor Availability And Reliability

A law is being planned in Canada’s Ontario province that seeks to address elevator availability and reliability in the province in order to tackle “a growing vertical mobility issue” according to a report in The Canadian Press.

The planned legislation is seen as a response to a report that is to be released this week and it seeks to improve elevator reliability by requiring building owners to perform preventive maintenance which can reduce entrapments and other unscheduled shutdowns.

No Current Preventive Maintenance Standards For Elevators

Retired justice Douglas Cunningham who has authored the report has said that there are no “minimum preventive maintenance standards”  in Ontario for minimising “future availability issues.” According to Cunningham reports, only one in five residential buildings so far meet the minimum rules for scheduled maintenance tasks.

As per Cunningham “diverse and complex set” of related issues cause outages, such as maintenance, labour shortages and capacity challenges.

Other than mandatory preventive maintenance, the recommendations in the report include:

  • Contractors be asked to report outages lasting over 48 hours or in cases of half of all elevators in a building being out of service
  • They have in place a defined plan to restore service.
  • Outage information be made publicly available

Cunningham’s report notes that while the four big elevator companies – Kone, Otis, Schindler, and ThyssenKrupp – have given a positive outlook of the situation, critics have expressed concerns of them acting as an oligarchy  .

Elevator Access Problems Increasing 

The Ontario government had asked the safety regulator of the province, Technical Standards and Safety Authority, last year to study the issue after a news report revealed rising reports of problems regarding elevators availability in residential buildings, nursing homes and other buildings.

According to latest figures, firefighters in Ontario responded in 2016 to 4,577 calls by people trapped in lifts. Industry figures put total entrapments for the year at 9,649.

Cunningham’s study also included a survey of building owners conducted by consulting firm Deloitte.

The survey found that condominiums have so far reported the biggest availability problem. Nearly one in five respondents had reported an elevator being out of service for 18 days or more in any given year. No correlation to elevator age was identified.

The study also reviewed the situation in other cities like Vancouver, New York and Singapore.

A private member bill was introduced by Liberal backbencher Han Dong last year that seeks to punish contractors for extended elevator downtime and requires “traffic studies” to make sure that new residential buildings have sufficient elevator capacity. There are no such standards now.

Cunningham however notes Dong’s bill uses anecdotal data rather than “robust” evidence. According to him, there is an “acute absence” of reliable data for understanding the extent of the problem and identify potential fixes. Further there is no regulatory authority responsible for elevator availability.

Data collection and developing solutions to address the issue will take years, and would need to involve several ministries, contractors, building owners, along with the safety regulator, the report has found.

Timelines for returning elevators to service

According to sources, Consumer Services Minister Tracy MacCharles who also handles accessibility issues is expected to introduce the enabling legislation this spring and regulations later in the fall in order to start addressing the issue.

Long term plans including defining timelines for returning the equipment to service along with other measures like stronger enforcement tools and fines. Building code amendments will ensure that new buildings offer required number of elevators.

The government also plans on data related to elevator uptimes being made publicly available, sources said

One major issue that will need to be resolved is if the responsibility for elevator availability is to be given to the current safety authority, which is however against taking on the extra mandate.

 

Several Major U.S. Companies Announce Bonuses From tax savings

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Several Major U.S. Companies Announce Bonuses From tax savings
Several Major U.S. Companies Announce Bonuses From tax savings

Over three dozen of America’s largest companies have shared their tax-cut windfalls with their employees, mostly by way of one-time bonuses but there have also been cases of hourly wage increases and larger 401(k) matches after the new tax law was passed in December.

FedEx announced last week that it was boosting employee compensation by $200 million, two-thirds of which will go towards wage increases for hourly workers while the rest will be allotted to performance-based incentive plans. Another large company Honeywell has said that it would hike its 401(k) match.

These announcements follow earlier such moves by employers such as Home Depot, Walmart and Walt Disney.

Tax Savings Shared In Many Forms

The new tax law has slashed the corporate tax rate from 35% to 21% and will boost the profitability of large U.S. companies by an additional 8% this year, as per Credit Suisse.

So far around 39 companies in the Standard & Poor’s 500 index have announced additional financial rewards to workers, citing benefits from the new tax law, according to a USA TODAY report

  • Around two dozen of the companies are paying cash bonuses
  • Four companies are issuing bonuses in company stock
  • One has said it is adding to its performance-based bonus pool
  • Eight other are increasing wages
  • Three are hiking the company’s 401(k) match.

Combined, these companies represent 7.8% of the S&P 500.

According to USA TODAY’s research nearly 1.3 million U.S. workers will receive either cash or stock-based bonuses which is likely to add up  to around $1.7 billion or more.

However these bonuses are much smaller as compared to the total compensation (wages, salaries and benefits) of  around $10.3 trillion paid by U.S. companies last year, as per the Department of Commerce.

Wage Gains Not Permanent

S&P 500 companies are likely to pay around $75 billion to $100 billion less in taxes in 2018 as compared with last year, according to Credit Suisse.

Economists say that while getting an extra $1,000 check is welcome, employees would have been benefitted more if the companies had made their wage gains permanent.

Mark Hamrick, senior economic analyst at Bankrate.com called the payouts “a temporary lift.”

The bonus also does little to close the wage gap between workers and CEOs.

S&P 500 CEO’s earned a median $11.5 million in 2016 in compensation an increase of 8.5% from the previous year, according to a study by executive data firm Equilar for The Associated Press.

The AFL-CIO’s Executive Paywatch study found that CEOs earned 347 times of what the average worker did in 2016.

Nick Sargen, chief economist at Fort Washington Investment Advisors, a money-management firm in Cincinnati has called the profit sharing exercise ” a drop in the bucket,” adding that companies are doing it “mainly as a PR gesture”.

Companies Wary Of Cost Implications

Edward Yardeni, president & chief investment strategist at Yardeni Research said that further bonus announcements are likely, but pay hikes are doubtful as the companies remain “cost-conscious in a tight labor market.”  The companies he said  are focused on maintaining profit margins and are still mindful of the fallout from the Great Recession nearly a decade ago.

Hamrick has said that any more news of bonuses or pay increases will depend on the “performance of the economy” and the businesses themselves.

According to Scott Anderson, chief economist at Bank of the West in San Francisco, the announcements regarding profit-sharing with workers will continue in the first three months of 2018, after which it “will die down.”

Here’s a list of S&P 500 companies, who have cited the tax-cut as a motivation to announce “bonus” payouts to workers:

  • Alaska Airlines 
  • Bonus: $1,000
  • Employees getting bonus: 19,000
  • American Airlines
  • Bonus: $1,000
  • Employees getting bonus: 130,000
  • Apple
  • Bonus: $2,500 in company stock
  • Employees getting bonus: most of 138,126 employees worldwide
  • AT&T
  • Bonus: $1,000
  • Employees getting bonus: 200,000
  • Bank of America
  • Bonus: $1,000
  • Employees getting bonus: 145,000
  • BB&T 
  • Bonus: $1,200
  • Employees getting bonus: 27,000
  • Citizens Financial
  • Bonus: $1,000
  • Employees getting bonus: 12,500
  • Comcast
  • Bonus: $1,000
  • Employees getting bonus: 100,000
  • Comerica
  • Bonus: $1,000
  • Employees getting bonus: 4,500
  • Discover Financial Services
  • Bonus: $1,000
  • Employees getting bonus: 15,000
  • FedEx
  • Bonus: NA
  • Employees getting bonus: NA
  • Fifth Third Bank
  • Bonus: $1,000
  • Employees getting bonus: 13,500
  • Hartford Financial Services
  • Bonus: $1,000
  • Employees getting bonus: 9,500
  • Home Depot
  • Bonus: $200 to $1,000
  • Employees getting bonus: Vast majority of 40,000
  • Kansas City Southern
  • Bonus: $1,000
  • Employees getting bonus: 6,485
  • Navient
  • Bonus: $1,000
  • Employees getting bonus: 6,566
  • PNC Financial Services Group
  • Bonus: $1,000
  • Employees getting bonus: 47,500
  • Royal Caribbean 
  • Bonus: Company stock equivalent to 5% of pay
  • Employees getting bonus: 66,000
  • Southwest Airlines
  • Bonus: $1,000
  • Employees getting bonus: 55,000
  • Starbucks
  • Bonus: $500 to $2,000 in company stock
  • Employees getting bonus: 150,000
  • Thermo Fisher Scientific
  • Bonus: $500
  • Employees getting bonus: N/A
  • Travelers Companies
  • Bonus: $1,000
  • Employees getting bonus: 14,000
  • Total System Services
  • Bonus: $1,000
  • Employees getting bonus: 11,500
  • S. Bancorp
  • Bonus: $1,000
  • Employees getting bonus: 60,000
  • Verizon
  • Bonus: 25 shares of company stock for part-time workers
  • 50 shares of company stock for full-time workers
  • Based on Feb. 1 closing stock price
  • Employees getting bonus: 153,000
  • Walmart
  • Bonus: $1,000
  • Employees getting bonus: 40,000
  • Walt Disney
  • Bonus: $1,000
  • Employees getting bonus:125,000
  • Waste Management
  • Bonus: $2,000
  • Employees getting bonus: 34,000
  • Zions Bancorp
  • Bonus: $1,000
  • Employees getting bonus: 80% of workforce

 

South Africa Vs India Match Abandoned As Per ICC Rules

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South Africa Vs India Match Abandoned As Per ICC Rules
South Africa Vs India Match Abandoned As Per ICC Rules

Earlier this week the play for Day 3 of the third Test between India and South Africa in Johannesburg was called off as a result of the pitch’s erratic nature and due to the rains that came towards the end.

Throughout the match, the Wanderers pitch has been drawing criticism from several veteran cricketers like Sunil Gavaskar, Sourav Ganguly,  and Shaun Pollock for it being unfair towards the batsmen.

Play was stopped on Day 3 during South Africa’s second innings during which Dean Elgar was struck several times.

A short pitched delivery bowled by Jasprit Bumrah rose sharply and hit Elgar on the head.

While the batsman was being treated, umpires Aleem Dar and Michael Gough entered into a short discussion, after which they asked the players to go off the field. They next held a discussion with captains Virat Kohli, Faf Du Plessis as well as the Match Referee.

Kohli was not very happy when the umpires informed him that a discussion on the pitch was needed and looked to argue that the Indian team handled similar conditions during the last two innings where they had batted. But with the rains also showing up, the day’s play was abandoned in the end.

ICC Rules Regarding Pitches

The ICC’s basic requirements for a pitch are stated as follows:

  1. The objective of a Test pitch shall be to allow all the individual skills of the game to be demonstrated by the players at various stages of the match. If anything, the balance of the contest between bat and ball in a Test match should slightly favour the bowling team,
  2. A pitch should be expected to deteriorate as the match progresses, and as a consequence the bounce could become more inconsistent, and the ball could deviate more (seam and spin) off the wearing surface.

In the case the pitch is deemed dangerous:

6.4.1 If the on-field umpires decide that it is dangerous or unreasonable for play to continue on the match pitch, they shall stop play and immediately advise the ICC Match Referee.

6.4.2 The on-field umpires and the ICC Match Referee shall then consult with both captains.

6.4.3 If the captains agree to continue, play shall resume.

6.4.4 If the decision is not to resume play, the on-field umpires together with the ICC Match Referee shall consider whether the existing pitch can be repaired and the match resumed from the point it was stopped. In considering whether to authorise such repairs, the ICC Match Referee must consider whether this would place either side at an unfair advantage, given the play that had already taken place on the dangerous pitch.

6.4.5 If the decision is that the existing pitch cannot be repaired, then the match is to be abandoned as a draw.

Past Cases Where Haryana Police Failed To Ensure Law And Order

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Past Cases Where Haryana Police Failed To Ensure Law And Order
Past Cases Where Haryana Police Failed To Ensure Law And Order

The latest incident of mob violence in Gurugram wherein a school bus was targeted during anti-‘Padmaavat’ protests putting children in danger, has highlighted the failure of Haryana Police to yet again maintain law and order in the face of hooliganism.

Here are other such incidents in the recent past where the police did not act effectively:

Gurmeet Ram Rahim Conviction

Mere minutes after the self-styled godman Gurmeet Ram Rahim was found guilty of rape in August 2017, thousands of his supporters who were gathered outside the courtroom in Panchkula erupted in fury. The mob began pelting stones, setting fire to vehicles and public property along with attacking bystanders and police.

Within a couple of hours after the 3 pm verdict, five people were already dead due to the violence. By 7 pm, 29 people were dead along with hundreds wounded. The final death toll was 34. This tragically occurred despite it being widely known for days that thousands of Ram Rahim supporters were making their way to Panchkula for the final hearing on the case.

 

The monetary loss to Haryana was Rs 126,68,71,700.
Jat Quota Agitation

In February 2016, nearly 30 people were killed and over 300 injured during protests by members of the Jat community demanding quotas in jobs and education.

 

The loss to nearby states was Rs 34,000 crores as a result of stalled businesses and damage to public property.

According to a committee, led by former Uttar Pradesh Director General of Police Prakash Singh, nearly 90 police and administrative officers had failed to act in controlling the violence.

The report stated that there had been a lack of “the will to act, the determination to prevent riotous mobs” from assembling and managing them, adding that most officers did “not rise to the occasion.”

The report has stated that the police had been “either unequal” to tackle the situation or they “could not mobilise the full strength” of the men under their command, some of whom it said had gone “missing or [had]deserted their duties”.

Self-Styled Godman Rampal’s Arrest

In November 2014, six people died and over 100 were injured during a two-week standoff between Rampal’s supporters and the Haryana police in Barwala, Hisar.

Rampal’s supporters barred the police from entering the premises to arrest the godman, against whom the Punjab and Haryana High Court had released a non-bailable warrant.

Nearly 15,000 Rampal followers many of whom were women and children had been forced to remain within Rampal’s ashram in Barwala, so that they could be used as a human shield for the ‘godman’ against the police.

12 Jat Khap Panchayats’ Rail/Road Blockade

In January 2011, around 12 Jat community khap panchayat members blocked rail and road traffic in Haryana’s Jind district for 11 days.

 

They were protesting the arrest of some persons belonging to their community in the 2010 Mirchpur caste violence case. The blockade also included large-scale vandalism with buses being stoned and rail tracks being damaged. The loss suffered by the railways alone was estimated at Rs 34 crore.

 

The protests were against the arrest of “upper caste” persons who had been accused of torching a hamlet in Haryana’s Mirchpur hamlet which killed a 70-year-old Dalit man and his disabled daughter in April 2010.

 

Former Congress Law Ministers Warn Against CJI Impeachment Motion

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Former Congress Law Ministers Warn Against CJI Impeachment Motion
Former Congress Law Ministers Warn Against CJI Impeachment Motion

The main Opposition party Congress seems to be divided on the matter of initiating a motion to remove Chief Justice of India Dipak Misra from office.

While many leaders are in support of the proposal, which may be introduced in the Parliament by the Communist Party of India (Marxist), former law ministers of Congress have opposed such move.

Former Law Ministers Point Out Lack of Evidence

Veerapa Moily, former law minister in the UPA government, has stated that the issue of removing the CJI is not a political issue and any such motion must be supported by concrete evidence.

According to a news report, Moily  said that unless there are “proper grounds” and “evidence is available”, it is not “proper to go for impeachment of the CJI” as it will not “serve the purpose.”

Ashwini Kumar also expressed a similar opinion stating that questions that were raised by the four judges of the apex court in the historic press conference do not merit for such motion.

He further noted that such a move will pit the executive against the judiciary.

Kumar pointed out that given the circumstances, the current case was not suitable for the “extreme remedy of impeachment”  which he said can be resorted to only when “facts constituting moral turpitude are established beyond doubt.”

Executive Intervention Needed

CPM General Secretary Sitaram Yechuri had earlier stated that the party was conferring with other parties on the need for such a move.

He said that as the judiciary crisis was not yet resolved there was a “need to intervene” adding that the party was discussing with others “on the possibility of an impeachment motion against CJI in Budget session.”

Bombay High Court Quashes CBI Trial Court Media Gag Order in Sohrabuddin Shaikh Case

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Bombay High Court Quashes CBI Trial Court Media Gag Order in Sohrabuddin Shaikh Case
Bombay High Court Quashes CBI Trial Court Media Gag Order in Sohrabuddin Shaikh Case

The Bombay High Court has set aside the trial court’s gag order banning journalists from both reporting and publishing the court proceedings related to the case of Sohrabuddin Shaikh fake encounter.

Justice Revati Mohite-Dere made it clear in her order that the special CBI court had overreached its powers in issuing the order.

She agreed with the petitioners who are a group of court reporters as well as the Union of Journalists that the Criminal Procedure Code had provided the right to issue such ban orders only to the high courts and the apex court.

According to Justice Mohite-Dere  such an order could be issued only in rare cases and only for limited period of time.  She further added that just a mere apprehension of sensationalism by the accused did not constitute sufficient ground for issuing such gag orders.

Gag Order Flouts Constitutional Right Of Freedom Of Expression

On November 29 last year, the special CBI court prohibited journalists from reporting or publishing the proceedings of the ongoing trial in the fake encounter case.

The CBI court order allowed journalists to attend the proceedings, but stated that they must not make public what had transpired in the courtroom.

Justice Mohite-Dere ruled that such a ban was unjustified and had breached a journalist’s constitutional right of freedom of expression.

In her ruling, she said that the rights of the press “are intrinsic with the constitutional right” guaranteeing freedom of expression. She added that while reporting an open trial, the press is not only availing of “its own right”, but is also serving “the larger purpose” of making available such information to the general public.

The judge also dismissed the objections to such reportage made by the accused in the case, stating that they had failed to prove to the court the existence of any legal provision for a trial court prohibiting the press from reporting.

Washington State Lawmakers Push For Changing Law Against Preparing For Nuclear War

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Washington State Lawmakers Push For Changing Law Against Preparing For Nuclear War
Washington State Lawmakers Push For Changing Law Against Preparing For Nuclear War

Against the backdrop of rising nuclear tensions, Washington lawmakers are looking to overturn a 34-year-old law that bars the state from putting into place preparation plans for a nuclear attack.

The law was passed in 1984 as a symbolic measure for putting Cold War-era animosity to rest, but some state legislators now note that there’s little sense in pledging to be unprepared.

Sen. Mark Schoesler stated that such “sort of symbolism just isn’t necessary”, noting that the country must be ready for any disaster, calling it “common sense” .

Ninth Legislative District Rep. Mary Dye highlighted the measure had been appropriate for early ’80s, adding that now the country was facing “another despot and tyrant” who is determined to “build a long range successful nuclear weapon”, referring to North Korean leader Kim Jong Un.

Necessary To Have A Safety System In Case of Emergencies   

According to Schoesler having the necessary infrastructure could save lives and prevent a breakdown in communications. He stated while false alarms are rare, establishing a procedure will minimize the chances of it occurring, in a reference to the recent misplaced mass emergency alert sent in Hawaii.

Bill Tensfeld, director of Whitman County Emergency Management, has said that Whitman County currently has a countywide emergency alert system but residents need sign up online to receive messages.

He added that even those who don’t sign up still receive messages for national and regional emergencies, such as Amber Alerts, since these are sent directly through cell towers by a separate agency. Tensfeld noted that the county still doesn’t have facility  for sending automatic messages to residents who don’t sign up, but such a system is being planned.

Alert Messages Sent After Verification

In Tensfield’s opinion,  catastrophes that could affect Whitman County could be a chemical spill or a large earthquake, noting that the region has typically been spared of real disasters.

He highlighted that the current software itself double checks with the person drafting the message before sending out the message. In case of a disaster, alerts are likely to be sent minutes after his department verifies the authenticity of the event. However Tensfeld noted there are no procedures currently available at the county level for handling a false alarm.

He added that while Whitman County is a relatively safe place, its better be prepared and sign up for the alerts.

 

A 15-Year-Old Law Could Be An Obstacle For PM Modi’s Dream To Go All-Electric By 2030

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A 15-Year-Old Law Could Be An Obstacle For PM Modi's Dream To Go All-Electric By 2030
A 15-Year-Old Law Could Be An Obstacle For PM Modi's Dream To Go All-Electric By 2030

The Narendra Modi government announced an ambitious target last year of allowing only electric cars in India by 2030.

The decision has been seen as a valiant effort to race ahead of even developed countries in giving prominence to renewable forms of energy.  Transport Minister Nitin Gadkari has in fact warned the auto industry that the government will bulldoze its way through to reach the target .

Government Vehicles Being Replaced

As a measure to start the electric-vehicle (EV) revolution in India, state-owned Energy Efficiency Services (EESL) is replacing government vehicles that run on conventional fuels with EVs.

Last year Tata Motors won the tender of 10,000 electric cars floated by EESL. Although Mahindra initially lost the tender it later matched Tata Motors’ price to sell 150 e-Verito EVs to EESL.

The first phase of the roll out involving 500 cars has already started in Delhi. The second phase will see 9,500 electric cars being leased to government authorities on a pan-India basis.

However a major issue hampering the growth of EVs in the country is a law that bans charging stations from being installed in public spaces, unlike the case of petrol pumps.

The initial contract from the government to provide 250 electric charging stations in the first phase was won by Exicom Tele-systems.  But it has so far installed around 80 and 90 AC (alternating current) facilities only in government buildings like the Shram Shakti Bhawan, which contains the power ministry, according to a local news report.

Current Legislation A Hindrance

The Electricity Act only allows only power distribution companies to sell electricity, Kanv Garg, director for electric mobility at advisory firm, EY pointed out.

Garg stated that under current regulations neither private parties nor government entities can set up charging infrastructure. The entities need to have possess either a deemed license or be set up as “a public-private partnership with the state utilities.”

According to Garg, the clause in the Electricity Act should be amended if the government is looking to roll out an effective national electric vehicles policy.

He has opined that the government must “exempt electric vehicle charging from the Electricity Act,” and consider EV charging as a “sale of service instead of resale of electricity”, which is banned under the Electricity Act.

To meet the  all-electric-car target, India would need ramp up infrastructure in a major way. As the operating range of electric vehicles is currently low, India would require a massive charging infrastructure, creation of which can occur only with a clear-cut policy.

UP Government’s Withdrawal of Criminal Cases Against Politicians Fails Legal Precedent

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UP Government’s Withdrawal of Criminal Cases Against Politicians Fails Legal Precedent
UP Government’s Withdrawal of Criminal Cases Against Politicians Fails Legal Precedent

The Yogi Adityanath government in Uttar Pradesh recently passed a legislation that permits the withdrawal of nearly 20,000 cases filed against politicians in the state on the grounds that they are politically motivated.

One of the beneficiaries of this controversial move would be Yogi himself indicating a conflict of interest .

The Constitution expressly lays down a fundamental right “that one cannot be a witness against himself”, which indicates that the converse — one cannot be a judge in one’s own case – is also applicable, but this is being wantonly violated.

Politicians Cannot Be Penalized For Free Speech

The Yogi government’s measure reportedly targets cases related to public protests organized or attended by politicians violating orders pronounced by executive magistrates.

Several politicians in India face criminal cases that relate to unlawful assembly, wantonly giving provocation, rioting, obstructing public servant in discharge of public functions, promoting enmity between different groups on grounds, disobedience to order duly promulgated by public servant and destruction of public property.

Barring the promoting enmity and destruction of public property charges, all other offences are complicated to deal with as the right to protest is implicit in the right to free speech and assemble.

Political activity would become impossible in case politicians are convicted and jailed for protesting and thereby disqualified from public office. But not penalizing them is also an invitation for disorder, chaos and lawlessness. So far the Indian state has chosen to deal with such cases by keeping them in cold storage.

It is yet not clear how the recent order given by the Supreme Court as well as the central government diktat to set up special courts for dealing with cases involving politicians will affect the situation.

Withdrawal Of Cases Cannot Be Arbitrary

Under Section 321 of the Criminal Procedure Code the Public Prosecutor has been granted the leeway to withdraw from prosecution of offences with the consent of the court.

Governments have often withdrawn criminal cases on the grounds of public policy or in public interest.  For instance the Gujarat government withdrew the cases filed against Patidar agitators .

However the rationale of Yogi government’s far-reaching Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Bill, 2017, fails to satisfy the parameters used by earlier government orders like that of Gujarat.

Allahabad HC Ruling On Case Withdrawals

A case precedent exists for this situation. Last year the Allahabad High Court took up three key questions in a case:

  • Can a state government use the power of withdrawal under Section 321 in a whimsical or arbitrary manner or should it be exercised for the considerations “just, valid and judicially tenable”?
  • Are the decisions taken by the state government for the withdrawal of cases, communicated to the public prosecutor, open to judicial review or not
  • Should state government scrutiny various pending criminal cases to find out if they deserve withdrawal in exercise of powers under Section 321 CrPC regardless of the fact that neither the accused nor anyone else has approached the government for this purpose.

The bench answered these questions stating:

  • The state government cannot exercise its authority under Section 321 CrPC in a whimsical or arbitrary manner or for extraneous considerations, apart from just and valid reasons.
  • The decision taken by the state government for the withdrawal of the case, communicated to the public prosecutor, is open to judicial review.
  • The state government is free to make scrutiny of such cases and arrive at parameters to decide which cases can be withdrawn.

This judgement makes it clear that governments can’t proceed whimsically or arbitrarily and must make a case by case scrutiny of each case. Additionally, such decisions can be challenged for constitutionality.

In this case the UP government is free to conduct scrutiny of cases for withdrawal but its parameters for withdrawal must be able to withstand judicial scrutiny and not be arbitrary.

Cases Must Be Scrutinized Against Established Parameters

Several of the 20,000 cases have been pending for decades. Yogi should have taken the initiative to call for a wide ranging consultation on how to deal with political cases, and arrive at robust parameters like presence of hate speech, instigation of violence or nature of charges to decide if the cases can be disposed off or proceed ahead.

In the end, the discretion regarding the fate of the cases must lie entirely with prosecutors and judges. To ensure autonomy of the prosecution, a separate cadre could be created comprising prosecutors who are not political appointees.

Uttar Pradesh currently tops the country in number of under-trial prisoners with 55,000 prisoners or nearly one-fourth of all under-trial prisoners. Also around 13% of cases in UP have been pending for over 10 years while 24% has been for between 5 and 10 years according to the National Judicial Data Grid. Such problems of the common citizen must be the focus of Yogi Adityanath.

Fixing Canada’s ‘Ghost Immigrant’ Fraud Issue With Tax Measures

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Fixing Canada’s ‘Ghost Immigrant’ Fraud Issue With Tax Measures
Fixing Canada’s ‘Ghost Immigrant’ Fraud Issue With Tax Measures

The recent ruling by Madame Justice Griffin of the B.C. Supreme Court in the Fu v. Zhu case highlighted the various schemes of immigration fraud and tax misrepresentations undertaken by both litigants.

These include falsifying rental and employment agreements to support a fraudulent claim of physical presence for immigration purposes as well as a multimillionaire declaring an income of less than $100 on his Canadian tax return.

Ghost Immigrants Flouting Tax Laws

Canada has witnessed an influx of wealthy “Ghost Immigrants,” as shown by a slew of recent cases.

These immigrants secure permanent residence and purchase properties in Canada, but then return to their home countries. Most of them don’t pay their legal worldwide tax obligation to Canada, while fraudulently claiming to meet the physical presence requirement to maintain permanent residence and qualify for citizenship along with accessing other benefits of Canadian life.

According to David S. Lesperance, an international tax and immigration expert, the following lessons can be learnt by Canadians and their government from the Fu v. Zhu case:

  • A common problem

Evading taxes is common but in this case the individuals are choosing to expose themselves rather than having been uncovered by an investigation.

  • A long lasting issue

The scam of fraudulently claiming to be physically present in Canada has been used for decades. According to Lesperance a document prepared by him in 1991 had detailed the same methods regarding circumvention of the permanent residence requirement.

  • Having Tighter border controls may not help

Canada Border Service investigations take up enormous resources and currently their investigations mostly uncover only “the most unsophisticated and lazy offenders” according to Lesperance.

To uncover the smarter physical presence frauds, there would be a need for massive investigation resources. However in that case the fraudsters will migrate “to the more sophisticated hard-to-detect techniques.” So CBS investigations may not be the answer, in Lesperance’s opinion.

Tax Audits Can Be An Effective Tool

The CRA has so far not strictly enforced worldwide taxation rules which is being exploited by the immigrant community. In a 1996 report, the CRA stated that it was “simply too difficult” to audit such cases and collect the taxes owed, Lesperance said.

However a range of recent changes have the potential to alter this situation:

  • Data-mining techniques that enable the cross-referencing of employment/business and asset information supplied by the immigrant to Canadian immigration officials
  • Canada’s a tax treaty (with an exchange of information clause) with Hong Kong in 2012
  • Canada’s tax treaty with China gaining more “potential” in the aftermath of the recent anti-corruption movement within China
  • CRA’s Whistleblower program covering whistleblowers on tax evasion collections
  • Easier lifestyle audits thanks to social media and on-line information
  • Significant increase in value of Canadian assets, giving CRA access to more seizable assets.

Increasing tax audits “would send shock waves through the hearts of those engaging in fraudulent behaviour” Lesperance said, adding that this measure would need not any legislative change and only a refocusing of CRA’s resources.

Replace Physical Presence Requirement With Tax Requirement

According to Lesperance , the second equally important action would be to replace the current unenforceable physical presence requirement in Canadian immigration and citizenship law with “tax residence”.

Under this if immigrants wish to maintain their permanent residence status or qualify for citizenship, they would have to declare themselves Canadian tax residents and pay the entire Canadian tax on their worldwide income.

Any under-reporting would result in a CRA audit. If found guilty of tax evasion, the immigrants will not only face the consequences of tax evasion but also lose their immigration status or be denied citizenship.

As a result of these measures, several of those currently gaming the system will soon realize that they may have to face the full force of Canadian taxation, Lesperance said, forcing them to voluntarily relinquish their Canadian immigration status as it would no longer be worth it.

False Idea of “Canadianized.”

As per Lesperance , such measures have not been taken in Canada so far due to “a lovely but unrealistic sentiment” that the new citizens must become “Canadianized,” for which they must be physically present in Canada.

However becoming genuinely “Canadianized” is a choice and has nothing to do with being physically present, he said.

Benefits of Tax Residence Regime

  • These measures will make it unnecessary for “expensive and intrusive efforts to enforce physical presence rules, with little actual benefit,” avoiding “mean massive disruption for all Canadians”.
  • Replacing physical presence with a tax residency regime can made attractive to international entrepreneurs may never meet the current physical presence requirements due to their business travel but would be willing to trade their current tax situation for the favourable one that Canada offers. Canada’s lack of estate, gift or wealth taxes can be an attractive option for American and European businesspeople who face such taxes in their country.

To ensure proper citizenship, it must however be ensured that the individual:

  • Pays their fair share of taxes
  • Is aware history, culture, social norms and legal obligations of Canadians tested via a citizenship test

 

 

Aadhaar Case: Supreme Court Calls For Balance Between Need For Privacy And National Interest 

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Aadhaar Case: Supreme Court Calls For Balance Between Need For Privacy And National Interest 
Aadhaar Case: Supreme Court Calls For Balance Between Need For Privacy And National Interest 

A balance needs to be struck between the right to privacy of citizens and the state interest the Supreme Court stated while hearing a plea involving Aadhaar’s constitutional validity.

The apex court stated that the biggest issue with respect to Aadhaar is ensuring that the data collected by the Unique Identification Authority of India is not misused or leaked.  It also stated the data cannot be used to track people’s activities that are considered private but can be used to serve national interest.

Opponents of the scheme have contended that Aadhaar linkage can result in Indians facing a ‘Nazi regime and police raj’ with the government tracking the movements of people. They have demanded that the rights of citizens be protected against pervasive surveillance and violation of “informational privacy”.

Data Cannot Be Used For Surveillance

A Constitution bench comprising Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan called for a balance between the two interests given the need for protecting the country against issues like terrorism and money laundering and the need for government to spend crores on social welfare measures.

The bench also confirmed that like private companies government authorities also cannot use Aadhaar data for surveillance or tracking the movements of citizens since the Centre is bound by the Constitution.

Appearing for social activists, senior advocate Shyam Divan, called the Adhaar Act “ illegal and unconstitutional” adding that the project provided “an architecture for surveillance” and would lead to “an Orwellian state” where the government will be able to track citizens constantly.

Aadhaar Violating Citizens’ Privacy

The lawyer stated that the Aadhaar Act fails to offer any added protection while violating the right to privacy by asking individuals to “part with demographic as well as biometric information to private enrolling agencies”.

He said that allowing private entities to use the Aadhaar authentication platform was the breach of the citizen’s right to informational privacy. This violation was also occurring in the case of the mandatory authorization for availing of a subsidy.

The bench however inquired of the advocate why people would not want to share information under the Adhaar Act when they share information freely with private companies like Google which tracks preferences and choices.

Divan responded stating that it is the government’s duty to protect citizens and enact legislation against private firms for violating fundamental rights.

The UK Solicitor Speaks: The Viewpoint: Asymmetric Dispute Resolution Clause

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The Viewpoint: Asymmetric Dispute Resolution Clause By Azadeh Meskarian, Solicitor at Zaiwalla & Co. LLP
The Viewpoint: Asymmetric Dispute Resolution Clause By Azadeh Meskarian, Solicitor at Zaiwalla & Co. LLP

The Viewpoint: Asymmetric Dispute Resolution Clause

By Azadeh Meskarian, Solicitor at Zaiwalla & Co. LLP (UK)

 

 

 

Following on from the recent decision of the Singapore Court of Appeal confirming the validity of asymmetric arbitration clauses in Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2017] SGCA 32, this article considers the general enforceability of such clauses agreed between commercially sophisticated parties in England, Singapore and India.

One of the most attractive attributes of arbitration is that parties at the outset promise to refer any future disputes to arbitration prior to engaging themselves with the Courts of the relevant jurisdiction.

Equal rights of referral of disputes to arbitration where parties share the same rights is referred to as symmetrical. In contrast, unilateral arbitration agreements contain an element of optionality, to the benefit of one party.

In other words, one party has the option to choose the method of resolving disputes between the parties, with arbitration being one of them where as the other party will no benefit of such flexibility.

This is often the case where one party benefits of a higher bargaining power. In such cases parties are not obliged to initiate arbitration in cases of dispute, these are generally common in financial transactions.

Enforcement of clauses of such kind have proved tricky to enforce and uphold throughout years in some jurisdictions. Prior to the parties electing to include asymmetric arbitration clauses in their agreements, it is essential for them to seek local advice and examine any difficulties they may later face in enforcing such clauses.

Throughout the years Courts in certain jurisdictions such as Australia, Singapore and England have recognised such clauses, whereas enforcement has proved difficult in India, France and Russia.

 

England and Wales

In general the English Courts have through the years upheld the parties’ chosen dispute resolution method, be it in a form of a mutual or a unilateral arbitration clause. The general principle is for sophisticated parties to be free to choose their preferred route to dispute resolution.

In 2015 in the case of Barclays Bank Plc v Ente Nazionale di Previdenza Ed Assistenza dei Medici e Degli Odontoiatri [2015] EWHC 2857 (Comm) the Commercial Court upheld an asymmetric clause where with good practical reasons the Defendant was given an option to only bring an action in the English Courts, whereas Barclays Bank had a freedom of choice in this respect.

More recently in February 2017 the High Court upheld an asymmetric jurisdiction clause in the case of Commerzbank AG v Pauline Shipping and Liquimar Tankers Management Inc. In this case the clause was part of a shipping loan agreement and related guarantee, permitting the bank to bring enforcement proceedings in England against the borrowers, in spite of the fact that the borrowers had already started proceedings against the bank in Greece.

This recent ruling confirms that asymmetric jurisdiction clauses are categorised as exclusive jurisdiction clauses for the purposes of Article 31(2) the Brussels 1 Recast Regulations requiring an EU Member State Court to stay proceedings brought before it, until the Court within the jurisdiction of the parties’ agreement declares that it has no jurisdiction over the dispute.

This welcome decision further reflects that abusive litigations tactics will not be tolerated in the English Courts and the intention of parties will be highly valued by the Courts in the event of a dispute arising between the parties.

 

Singapore

The High Court and Court of Appeal have adopted a similar approach to that earlier taken in the English Courts.

In the case of Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2017] SGCA 32, not only was the clause asymmetric by only providing Dyna-Jet Pte Ltd the power unilaterally to elect to refer a dispute to arbitration, it was also optional providing that any disputes “may” be referred to, and settled by arbitration.

The contract between the parties provided that any dispute should be settled by mutual consultation, failing which the Claimant may refer the dispute to be resolved by way of arbitration.

Failing to reach a settlement through consultation Dyna-Jet Pte Ltd had initiated proceedings against the Defendant in the Singapore High Court. In the course of this dispute, the Defendant sought unsuccessfully to stay the High Court proceedings, arguing that the dispute should be referred to and settled by arbitration.

In upholding the High Court’s decision, the Court of Appeal affirmed the enforceability in Singapore of unilateral arbitration clauses. The Court of Appeal held that the fact that the option to arbitrate was exerciseable by one of the parties only was irrelevant as this was an arrangement that suited both parties.

The Court further held that in cases of asymmetric arbitration agreements, the arbitration agreement becomes inoperative when the relevant party decides to initiate a Court claim instead of arbitration.

The Court will therefore refuse to stay any proceedings on grounds of the prior option to arbitrate any disputes once the relevant party with such option has commenced legal proceedings.  Upon making the decision to commence legal action, it no longer has the option to go back on its election and to choose to initiate arbitration.

 

India

In contrast with the decision of the Singaporean and English Courts, the status of such clauses in India remains less certain following inconsistent decisions of the Indian Courts. Although some recent judgments have upheld asymmetric clauses, commercial parties should approach clauses of this nature with caution and seek local advice before adopting them in contracts.

 

In recent decisions in May and July 2017, the Bombay High Court and the Supreme Court of India respectively confirmed the validity of asymmetric clauses providing an option only to one party to appoint an arbitrator.  However, Courts in Delhi have historically refused to uphold asymmetric arbitration agreements. Whilst upholding clauses of this kind would be consistent with trends in other common law jurisdictions which seek to give effect to the parties’ intention at the time of the formation of the contract, further clarity is needed from the Indian Courts.

 

The issue is of great importance, given the prevalence of such clauses in finance documents in such jurisdictions, which might lead to a nation court refusing to enforce an arbitration award on the basis that the arbitration agreement was invalid.  It is therefore crucial for any party to consider the relevant jurisdictions where an award may have to be enforced prior to entering into an agreement. Although the inclusion of asymmetric clauses may be attractive to a party with greater bargaining power seeking flexibility in cases of disputes, a lack of careful consideration at the drafting stage may result in the agreement being unenforceable.

Indian Prince Manvendra Singh Gohil Comes Openly Out About Being Gay And Vows To Fight To Reform India’s Anti-LGBT law

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Prince Manvendra Singh Gohil Comes Openly Out About Being Gay And Vows To Fight To Reform India’s Anti-LGBT law
Prince Manvendra Singh Gohil Comes Openly Out About Being Gay And Vows To Fight To Reform India’s Anti-LGBT law

Indian prince Manvendra Singh Gohil, the only openly gay royal in the world, has made it his personal mission to campaign for reform of India’s anti-LGBT laws.

Hailing from the state of Gujarat, Mr Gohil, who came out in 2006  recently announced plans to open his palace as a community centre for LGBT people.

Currently Indian law criminalises sexual acts between members of the same sex, but the Supreme Court of India has ordered the relevant legislation to be reviewed in 2018.

According to Gohil although social change in India had been slow, things have been improving for young gay, lesbian and transgender people in India, noting that there had been “a huge change” in the 11 years since he came out.

He added that parents were more accepting and media was also reporting positive stories, which said was” a very good thing”.  According to Gohil, such support for the community from society, will help them “win our rights.”

Public Outcry On His Admission

Eleven years ago, Gohil’s admission of homosexuality drew violent public retaliation and media backlash.

Recalling the reactions, he said that the public had “revolted”, with his effigies being burned and demands made for him to be socially boycotted and stripped of his title.  His parents , the king and queen, released public notices stating that they would like to disown him and publicly disinherit him from the ancestral property.

Gohil said that the negative response was not entirely unexpected, and attributed it to ignorance in the country.  He has said that he doesn’t blame Indians for “their lack of understanding” and considers his duty as “an activist” to “educate these people about what is the facts.”

Palace To Be A Community Centre For LGBT

Gohil’s proposed palace community centre intends to offer clinical services along with financial support and skills training for LGBT youth to become financially independent from their families. It also aims to offer free safe-sex seminars to young gay and lesbian Indians around the country.

Gohil hopes that it will become a key part of a campaign to fight for what he calls are “rights” enshrined in the Indian constitution.

In Gohil’s opinion, the anti-LGBT law in India will change primarily because the law was not entirely Indian to begin with. He pointed out that homosexuality existed in the Indian society “since bygone eras.”

According to him institutional anti-LGBT attitudes are the relic of British colonial rule and the influence of other religions like Islam and Christianity.

Mended Relationship With Parents

After over a decade of coming out, Gohil said he had since mended his relationship with his father, the king. His father has expressed support for his son’s plans and was present at the launch of the LGBT community centre to lay a foundation stone.

Gohil noted that his parents had realised their mistake acknowledging that they had threatened disowning him only “under societal pressure.”

 

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