TheBrief

Kerala Invokes 'Essential Articles Control Act' To Control Prices

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Kerala government has capped the rates of Covid medical items such as PPE kits, N95 masks, face shields & hand sanitisers to check black marketing & profiteering.

The government invoked the Kerala Essential Articles Control Act, 1986 & cited the Central government's advisory to ensure availability of healthcare items at affordable prices.

A PPE kit’s maximum retail price will be Rs 273. A pulse oximeter will be capped at Rs 1,500, Triple Layer Mask at Rs 3.90, Disposable Apron at Rs 12 & N95 mask at Rs 22.



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Illegal Parking On Footways A Violation Of Fundamental Rights

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Karnataka HC has held that a right to have streets including footways in a good & reasonable condition will have to be held as an essential part of fundamental rights.

If the footways or public streets are encroached upon in any manner including parking of vehicles, it will amount to violation of fundamental rights guaranteed under Article 21 of the Constitution of India.

It is the duty of the authorities to ensure that footways & public streets are kept free of obstructions including illegal parking.



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Mere Presence At Demonstration Won't Invite Criminal Action

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Himachal Pradesh HC observed that all roads, be it expressways, village roads, or colony roads, are lifelines.

Under any pretext, how so ever justifiable it might be, the blocking of any highway, road, street, or path can neither be condoned nor forgiven or approved. However, mere presence at the spot in the demonstration is not a criminal act.

The State has failed to produce any evidence to prove that the petitioners were also amongst those persons who had blocked the road.



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Plea Before SC Seeks Ex Gratia Compensation Of 4 Lakhs

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The SC has been approached regarding directions to the concerned authorities to provide ex gratia monetary compensation of Rs 4 lakh to family members of deceased who have succumbed to COVID-19 infection, under Section 12 of the Disaster Management Act 2005.

The petition also states that it is the right of the family members to know the real cause of death as the medical officers have not been conducting post mortem of the persons who are dying due to COVID-19.



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Delhi HC-System Can't Turn Clock Back Nor Undo Offence

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Delhi HC awarded ₹6 lakh interim compensation to a minor victim of sexual assault. The HC observed that since the system cannot turn the clock back nor 'undo' the offence, there is little else the court can do other than prosecute the offender & provide to the victim whatever psychological security & sense of empowerment that monetary compensation can give.

The Court should offer monetary recompense, to the extent possible, for the physical & mental trauma suffered by the child; & the emotional scar left on his psyche.



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News Channels File Contempt Plea Against Andhra Govt

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TV5 & ABN Andhrajyothi have filed contempt petitions against Andhra Pradesh.

The petition states that merely because content of news reported in an unbiased manner is critical of a government or not to its liking, it cannot be said the news outlet has committed an act of sedition or incited hatred. To do so would be contrary to the freedom of Press.

Further, while the State is witnessing record number of COVID-19 cases, the focus of the government is to mask reality & spread false propaganda.



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Present Generation Taking Concept Of Marriage Very Lightly

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Madras HC observed that the concept of marriage in the present generation is taken very lightly & even for trivial issues, they file for divorce & marriage is broken.

A husband was seeking annulment of a marriage on the ground that there was no cohabitation & wife could not bear a child. He stated that his wife has PSOS, owing to which she was almost 25 days on her menstrual cycle.

The HC noted that the term 'PSOS' by itself cannot be termed as 'impotency'.



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Telangana HC-Don’t Stop Covid Patient Ambulances At Borders

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Telangana HC noted that State cannot delay access to medical assistance when a patient is in a dire need of such a treatment. This would amount to violating the sacrosanct right to life guaranteed under the Constitution & operate as a fetter on the right of a citizen of this country to move freely throughout the territory of India.

The HC directed the government not to stop ambulances of other States carrying COVID-19 patients from entering Telangana for medical treatment.



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Plea In SC Seeks To Use PM CARES To Procure Covid Vaccines

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The SC has been approached with a plea seeking a direction to utilise the PM-CARES fund for immediate procurement of vaccines & establishment of oxygen plants.

The petition states that the government needs to loosen its PM-CARES purse strings & use the money to help common people urgently access medical care & oxygen.

The petition states that States & UTs should ensure the setting up of electric and other kinds of crematoriums in cities and improve the existing ones.



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Set Up COVID Quarantine Facilities In All Court Complexes

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The Bar Council of Tamil Nadu & Puducherry has written to Madras HC's Chief Justice.

They state, it is essential to provide emergent treatment to Judicial Officers, Advocates, staffs & their family members, who are all suffering during this pandemic period. They have requested for Covid centres consisting of enormous beds & quarantine beds supported with oxygen to be established within the court campuses throughout the state of Tamilnadu & Puducherry. They state that it will be a timely help & support for those affected by the virus.



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Delhi HC- Politicians Have No Business To Hoard COVID Drugs

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Delhi HC observed that politicians have no business to hoard Covid-19 drugs which are already in short supply. The HC directed the police to enquire into specific allegations levelled against each person.

The bench added that it expects them to surrender the drugs to the DGHS which will then distribute it to the poor & needy people at government hospitals.

In its status report, the cops stated that political leaders have been actually helping people get medicines; they have neither charged money nor defrauded anyone.




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Voters Should Be Able To See Candidates Name, Photo & Symbol

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Kerala HC observed that voters should be able to see the name, photograph & symbol of all candidates with sufficient clarity. This is essential for any free & fair election.

The petitioner had prayed that there be a direction to the respondents to ensure that the name, photograph and symbol of the candidates of Twenty 20 Party are clear, prominent and as visible as all other candidates on the electronic voting machine for elections to the Kerala Legislative Assembly.



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