News UpdatesTake Precautions To Avoid & Prevent Disclosure Of Rape Victim’s Identity Even Indirectly: Bombay High Court Issues Directions For Media, Public & Courts Sparsh Upadhyay31 Jan 2021 12:10 AMShare This – xThe Bombay High Court (Aurangabad bench) recently issued additional guidelines to restrain print/electronic media as well general public, using social media, from publishing information related to Rape victim that could “directly or indirectly” disclose her identity. The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar was hearing the plea of one Sangita (the mother of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Bombay High Court (Aurangabad bench) recently issued additional guidelines to restrain print/electronic media as well general public, using social media, from publishing information related to Rape victim that could “directly or indirectly” disclose her identity. The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar was hearing the plea of one Sangita (the mother of a rape victim) who sought direction to the Print and Electronic Media that the name or identity of the rape victim should not be disclosed. Petitioner’s submission The Petitioner stated before the Court that despite having the provisions under Section 228-A of the Indian Penal Code and despite having the directions been issued by the Supreme Court in the case of Nipun Saxena and another Vs. Union of India and others reported in (2019) 2 SCC 703, the Print and Electronic Media are publishing the details of the crime (involving her daughter) in such a manner that the identity of the victim is invariably disclosed. The petitioner also alleged that because of the offence of rape, the victim suffers physical and mental trauma and publication of the news thereby disclosing the identity of the victim, causes severe mental agony to the victim. Court’s Observations At the outset, the Court underlined that the victim of sex offence undergoes not only physical trauma but also mental trauma. She has to undergo these agonies for no fault of hers. The Court further noted that Section 228-A of the Indian Penal Code mandates that the identity of the victim in offences under Sections 376, 376-A, 376-B, 376-C, 376-D or 376-E Of Indian Penal Code should not be disclosed. Taking into account the guidelines issued by the Apex Court in Nipun Saxena and another Vs. Union of India and others reported in (2019) 2 SCC 703, the Court observed, “Despite issuance of these guidelines, the Print Media and Electronic Media are reporting these offences in such a manner that the identity of the victim is established directly or indirectly” [NOTE: In Nipun Saxena Case (supra) the Supreme Court had issued important directives to protect privacy and reputation of victims of rape crimes. The bench comprising Justice Madan B. Lokur and Justice Deepak Gupta had issued 9 important directives.] Importantly, the Bombay High Court observed that without mentioning the name of the victim, the identity of the victim can be established by giving the details as regards the name of parents of the victim or other relations of the victim, relation of the accused with the victim, residential address of the accused and the victim and other details. Underlining that in such cases, the media should act with circumspection and is expected to observe restraint, the Court remarked, “Publishing news item in detail thereby disclosing identity of the victim itself indicates that the media does not observe self-restraint. We do not mean to say that the media does it deliberately. But in their zeal to publish the news item fast, appropriate care is not taken in some cases and the news is reported by which the victim’s identity becomes known to the readers/viewers.” Guidelines Issued by the Court To avoid disclosure of identity of victim the Court, in addition to the directions of the Supreme Court in Nipun Saxena (supra), the Court issued some directions to the print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc. The Court directed that the print media, the electronic media, the people using social media such as WhatsApp, Facebook, Internet, Twitter etc. while giving information/circulating information relating to offences under section 376, 376-A, 376-B, 376-C, 376-D or 376-E of the Indian Penal Code and the offences under Protection of Children from Sexual Offences Act, shall not publish/disclose following information in such a manner that the victim will be identified directly or indirectly: – The names of the parents or relatives of the victim.Relation of the accused with the victim. Residential/occupational/work address of the accused and the victim and the village at which the victim and/ or accused live.Occupation of the parents or other relations of the victim and place of work of the victim and accused /their parents or any other relative in such a manner that the victim will be identified. If the victim is a student, name of the school or college or any other educational institution or private coaching class or classes which the victim has joined for pursuing her hobbies such as music, drawing, dance, stitching, cooking etc. vi) Details of family background of the victim. Guidelines for trial proceedings Further, the Court observed that while framing charge, mentioning name of the victim should be avoided. Instead, he/she should be referred to as ‘X’ or any other alphabet the Court deems fit and proper. The Court further directed, “While recording evidence, if the witness mentions the name of the victim, the Court shall record that ‘the witness stated the name of the victim but to conceal her identity, her name is not recorded.’ And the victim should be referred to in the same manner as is done during the framing of charge.” Importantly, the Court directed that if the witness is a victim, his/her name should not be disclosed while recording evidence. Her name, place of residence, age, occupation shall be kept in a sealed cover and in the name column, she can be referred in the same manner described while framing charge keeping the address column, occupation column blank. The Court further directed that the same procedure should be followed while recording statement under section 313 of the Code of Criminal Procedure. “While recording statement under section 313 of the Code of Criminal Procedure, the Court shall refer the victim in the manner she is referred to while framing charge”, the Court said. Also, while forwarding remand report to the Magistrate or to the court dealing with remand, the Court directed that mentioning of name of the victim should be avoided and instead, she should be referred as ‘X’ or any other alphabet the Investigating Officer deems ft and proper. Lastly, the Court expressed its hope that the electronic media will show restraint in holding interviews of the victims and/or their relatives and would take all precautions to avoid and prevent disclosure of the identity of the victim. In view of above directions, instant Public Interest Litigation was disposed of. The Registrar (Judicial) was directed to bring these directions to the notice of: The Registrar General of this Court for circulating to all the subordinate Courts; the Principal Secretary, Home Department, Government of Maharashtra; the Principal Secretary & R.L.A., Law and Judiciary Department; the Secretary, Indian Broadcasting Foundation, New Delhi and, the Secretary, Press Council of India, New Delhi Case Title – Sangita v. The State of Maharashtra [Criminal Public Interest Litigation No. 1 of 2016] Click Here To Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
BoysThe Pirates defeated the Blue Devils 31-18. TJ Santos scored 17 points, Sean Gasiorowski and Angelo Squiteri each 6 points and Kendrich Tibay 2 points. Jordon Williams scored 10 points and Nolan Raparelli 8 points for the Blue Devils.The Knicks defeated the Hornets 26-13. Brayden O’Connor scored 9 points, Ryan O’Connor 8 points,Brooklyn Kalafut 5 points and Ben Cuttruff 4 points for the Knicks. James Riccio scored 8 points, RaidenDoherty and Ayaan Mahapatra each 2 points and Jeffery Amaro 1 point for the Hornets.The Lakers defeated the Hoyas 23-6. David Kobryn scored 17 points, Kai Loiacono 4 points and Jordon Goding 2 points for the Lakers. Demetrius Andrews Jr. scored 6 points for the Hoyas.GirlsThe Hoyas defeated the Pirates 20-5.Genesis Velasquez scored 8 points, Jenna Gaetani 6 points, Abigail Bissiotis 4 points and Sienna Inzitari 2 points for the Hoyas. Cara Hall scored 3 points and Sophia Feeney 2 points for the Pirates.The Lakers defeated the Blue Devils 29-19. Deangelice Williams scored 18 points, Avery Chrzanowski 9 points and Ella Janeczko 2 points for the Lakers. Jada Stovall scored 12 points and Gia Logan 7 points for the Blue Devils.
Phil Lesh has finalized the details for the “Summer Kick Off Party!” at Terrapin Crossroads‘ brand new Backyard Stage. The show will feature three sets of music starting at 1pm, and will showcase an impressive group of musicians rounding out Phil’s “Friends.” Sets one and two will feature Teresa Williams, Larry Campbell, Luther & Cody Dickinson, and Jason Crosby.Set three will be a recreation of one of Phil’s favorite outdoor Grateful Dead performances from the Summer of 1988. This final set will find Phil reconnecting with former Furthur pal John Kadlecik on guitar, along with Scott Law, Scott Guberman, Cody Dickinson, and Ezra Lipp.This summer celebration will take place on Sunday, June 12th, and more details and ticket info can be found here.
The offseason coaching carousel continues to churn this summer at the University of Wisconsin, as the Badgers added a new men’s tennis coach and lost long-time softball coach Karen Gallagher. Greg Van Emburgh, a former assistant at Kentucky, replaces Pat Klingelhoets at the helm of the struggling men’s tennis program. After finishing 8-14 overall with a 2-8 mark in conference play this past season, Van Emburgh’s task is to engineer a turnaround.”I think we can turn this team around,” Van Emburgh said. “I think we can do a lot of things with what we have, and obviously I’m going to be hitting the recruiting really hard and I look for us to only go up from day one.” “He has a good reputation among the tennis circles and he was a great competitor in his own right playing on the tour,” women’s tennis head coach Patti Henderson said. “He loves tennis and he’s absolutely passionate about it. And I believe he’ll bring that love for the game — that experience he has as a player and a coach [to Wisconsin].”At Kentucky, Van Emburgh played a key role in assembling a team that finished in the top 15 nationally in each of the coach’s four seasons with the Wildcats. Though he will assume head coaching duties for the first time next season, Van Emburgh believes his experience at Kentucky has prepared him to make that transition. “The last four years I’ve been really involved in this program (Kentucky) at every level,” Van Emburgh said. “I’ve done most of the recruiting — I brought in a bunch of top guys. I’ve been involved with the program at every level, so it’s not going to be anything new for me or different.”Van Emburgh, who said Wisconsin was always on his “radar screen” while he was at Kentucky, believes the Badgers can become a top-20 team within a few years.”I think I know what it takes to form a top team,” said Van Emburgh, who spent more than 10 years on the ATP tour before turning to coaching. “I know what guys to recruit, I know how to format the team, I know where I need players one through six, I know how to structure the best doubles team.”Meanwhile, a search is underway for Gallagher’s successor following the softball coach’s June 24 resignation. “It is time for a new chapter in my life,” Gallagher said in a university release.Next season’s squad will be the first Badger softball team to be coached by anyone other than Gallagher, who led the program from its inception in 1995. “Karen started the program from scratch and did a number of good things in establishing some traditions for Wisconsin softball,” Athletics Director Barry Alvarez said in a university release. “I want to express my appreciation for her hard work and for taking the program to where it stands today.”Gallagher retires with a 271-268-2 career record, including an 85-121 mark in conference play. Her 2005 squad finished 31-24 and qualified for the NCAA tournament for just the third time in school history. The ’05 team blasted a school-record 54 home runs, more than twice the previous mark.— Mac VerStandig contributed to this report.
(Visited 60 times, 1 visits today)FacebookTwitterPinterestSave分享0 A favorite way for theorists to get around the lack of enzymes at the origin of life is shown to be implausible.Cells generate complex compounds by means of enzymes. These molecular machines can overcome large thermodynamic barriers that would prevent the natural formation of organic compounds that are useful or essential for life. Origin-of-life (OOL) researchers in the metabolism-first camp have looked to hydrothermal vents to provide the energy needed to leap these barriers without the help of enzymes, which could not have been present.A new paper in Nature‘s open-access journal Scientific Reports pours cold water on the idea. Specifically, molecules involving thioesters cannot be expected to form in any sufficient quantities at hydrothermal vents or anywhere else. Two favored thioesters, TAA and MTA, can be essentially crossed off the list of probable ingredients because their dissolution (hydrolysis) predominates over their formation.These compounds’ apparent chemical simplicity has made their prebiotic availability assumed, however, although the kinetic behavior and thermochemical properties of TAA and analogous esters have been preliminarily explored in other contexts, the geochemical relevance of these compounds merits further evaluation. Therefore, the chemical behavior of the simplest thiolated acetic acid derivatives, TAA and methylthioacetate (MTA) were explored here. Using laboratory measurements, literature data, and thermochemical models, we examine the plausibility of the accumulation of these compounds in various geological settings. Due to the high free energy change of their hydrolysis and corresponding low equilibrium constants, it is unlikely that these species could have accumulated abiotically to any significant extant.PhysOrg summarizes the dashed hopes of seeing complex thioesters emerge in a “primordial soup” when chemical kinetics are taken into account. For “different reasons in different contexts,” TAA and MTA are “implausible prebiotic reagants” to act as substitutes for today’s complex enzymes and co-enzymes, such as acetyl co-enzyme A. Being highly subject to temperature and pH, they lack the reactivity and stability needed. Plus, they break down into acids (like acetic acid) and thiols.The researchers also add that the results suggest “estimates of the ubiquity of suitable environments for the origin of life in and beyond our solar system may be somewhat overestimated, if these compounds are indeed crucial for jumpstarting early metabolism.“There are other serious problems. One is concentration. There wouldn’t have been enough hydrogen atoms, for one thing, nor carbon, sulfur and iron. Even then, production of desired MTA and TAA is swamped by the reverse reaction, such that concentrations would be “extremely low” and unlikely to participate in OOL pathways. Acetic acid found at vents today is most likely biogenic, “which leaves questions over its existence in the primordial conditions present during the emergence of life.”Adding insult to injury, the authors point to the fact that “Acidic oceans do not seem to be preponderant on icy worlds in our solar system where measurement has been possible,” such as Mars and Enceladus. The right acidity (pH) is necessary to supply the hydrogen for high-energy molecules envisioned as precursors to biomolecules. Even then, in laboratory conditions, they are only secondary products and are unstable.Advocates of the hydrothermal vent hypothesis include Michael Russell (JPL), Huber and Wächtershäuser, Christian de Duve and others. The same day the new paper came out (7/21/16), it was listed in Wikipedia‘s article on the origin of life after thiols were mentioned as possible precursors: “There are increasing concerns, however, that prebiotic thiolated (i.e.Thioacetic acid) and Thioester compounds are thermodynamically and kinetically unfavourable to accumulate in presumed prebiotic conditions (i.e Hydrothermal vents).”By the same logic, the researchers’ conclusions can be extended to any high-energy molecules whose activation energy strongly exceeds the free energy of dissolution. Simply adding heat or changing the pH may be necessary, but insufficient, to overcome the thermodynamic barriers. The enzymes in living cells are amazing molecular machines that routinely overcome these barriers at ambient temperature, often accelerating production by orders of magnitude against strong concentration gradients. They can do this because of their precise shape, coded for by genes in DNA.The origin of life is the Achille’s heel of scientific materialism. It takes a Mind that knows organic chemistry to overcome the thermodynamic barriers to spontaneous formation of useful complex molecules.But since the Darwinian Achilles has multiple feet, realistic scientists need to shoot all the heels. One film that does that is “Evolution’s Achilles’ Heels” produced by CMI. Worth watching. Origin of life is one of eight heels they fatally injure.
2 October 2015Minister Mosebenzi Zwane, who was sworn in as mineral resources minister just over a week ago, will meet key stakeholders in mining over the next few days, including organised business and organised labour, to get their views on the challenges and opportunities in the sector.“I am well aware of the critical role that this sector plays in the economy, and the challenges it faces not only locally, but globally as well,” he said.Zwane takes over the important portfolio at a time when the industry is at its lowest ebb, with prolonged low commodity prices.He said he appreciated the cyclic nature of mining and remained positive. These difficult times presented opportunities to find innovative ways of thinking to continue sustainable growth, while catalysing broader development in the country.This is consistent with the objectives of the government-led Mining Phakisa, which begins later this month.“I am confident that with the support and collective wisdom of the leadership of the industry, we can work together to move the mining industry, and indeed the South African economy, forward,” Zwane said.According to the department, mining plays a key role in the country’s economic development. It has transformed South Africa into the most industrialised country in Africa, and has driven infrastructure growth and created employment.Zwane was sworn into office on 23 September. Watch the ceremony:SAinfo reporter
Don’t miss out on the latest news and information. Typhoon Kammuri accelerates, gains strength en route to PH Catriona Gray spends Thanksgiving by preparing meals for people with illnesses Trending Articles PLAY LIST 00:50Trending Articles00:50Trending Articles00:50Trending Articles01:37Protesters burn down Iran consulate in Najaf01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games Read Next UPLB exempted from SEA Games class suspension LOOK: Venues for 2019 SEA Games Close to quitting, Tiongson finds resurgence with NLEX LATEST STORIES SEA Games in Calabarzon safe, secure – Solcom chief Mac Cardona of GlobalPort makes his PBA return against NLEX on Sunday, Sept. 3, 2017, at Smart Araneta Coliseum. Cardona finished with four points and two rebounds in a 109-99 loss. Tristan Tamayo/INQUIRER.netMac Cardona quest to make it back to the PBA has ended with GlobalPort on Sunday.Falling on hard times last year, the 35-year-old Cardona was able to pick up the pieces and he feels rejuvenated after being given a second chance.ADVERTISEMENT The former La Salle standout didn’t deny that he felt overwhelmed with his return.“I feel goosebumps that it’s like I’m back in the UAAP. When I was gone for almost a year, I was able to rest and I felt excited to play again,” said Cardona, who had four points and two rebounds in eight minutes of action.Cardona’s journey back into the PBA started in the PBA D-League where newcomer Zark’s Burger signed him up to play a couple of games in the 2017 Foundation Cup.“It was like a sign from the Lord that when they called me to play in the D-League, I still can make it back playing basketball,” he said.It didn’t take long the opportunity for a PBA return came knocking and it was his former college coach at La Salle in Franz Pumaren, who gave him the shot in his road to redemption.ADVERTISEMENT View comments Brace for potentially devastating typhoon approaching PH – NDRRMC Even if his return ended in a 99-109 defeat to NLEX, which ironically, is the previous PBA team he played for before a drug overdose in an apparent suicide attempt nearly ended his life, Cardona remains grateful for his new beginning, sharing that he has already moved past that dark chapter and is now hoping to live his life to the fullest.“Whatever happened to me in the past — I know I’ve made mistakes — but I tried to move on because I can no longer take those back. I’m just grateful for all the support that I got because if not for them, I wouldn’t have had my drive to get back here. I’m moving forward,” he said. Kammuri turning to super typhoon less likely but possible — Pagasa WATCH: Streetboys show off slick dance moves in Vhong Navarro’s wedding “I feel like a rookie again,” quipped Cardona. “I don’t remember how the court looks. I’m just happy that I made it back to the PBA and the people saw me playing again.”But it’s not just the fans, but also his new Batang Pier teammates, who welcomed him with open arms.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutout“They’re happy to see me back, especially Terrence (Romeo). He was telling me that I still got it, that they’re there for me. The same goes for Mike (Cortez) and Ryan (Araña),” he said.“I’m just happy to get back. I didn’t expect that I’ll still be able to play in the PBA after all that happened to me last year. So I’m thankful for coach Franz (Pumaren), boss Mikee Romero, and boss Erick Arejola because they gave me a chance that I can still play.” MOST READ
Kris Aquino ‘pretty chill about becoming irrelevant’ CPP denies ‘Ka Diego’ arrest caused ‘mass panic’ among S. Tagalog NPA Ateneo faltered against La Salle in their return to the Finals in the Season 79, absorbing a sweep against the dominant Green Archers.“Hopefully we learned from our mistakes last year,” said Ravena. “We have to more composed this year because La Salle is not going to play us any softer.”FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutWhat made things more painful for Ravena last year was he practically disappeared in Game 2, missing all of his 10 shots to finish with just three points and seven rebounds.But Ravena assured that sorry version of him won’t be making an appearance this time around. For the complete collegiate sports coverage including scores, schedules and stories, visit Inquirer Varsity. “Hopefully that won’t happen this year,” said Ravena, who finished second in MVP voting behind back-to-back winner Ben Mbala this season.Ravena added there’s pressure on the team to bounce back especially after taking the top seed in the elimination before losing to La Salle in their final game.“Sometimes you’ll think what if we lost again, we’ve done so much this season just to lose again,” said Ravena. “So we have to learn that we should be composed when we go into the Finals.”ADVERTISEMENT Kammuri turning to super typhoon less likely but possible — Pagasa Brace for potentially devastating typhoon approaching PH – NDRRMC Trending Articles PLAY LIST 00:50Trending Articles00:50Trending Articles00:50Trending Articles01:47Panelo casts doubts on Robredo’s drug war ‘discoveries’01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice Japan ex-PM Nakasone who boosted ties with US dies at 101 Stronger peso trims PH debt value to P7.9 trillion Read Next Oscar Pistorius’ sentence increased to 13 years, 5 months Thirdy Ravena promised there would be a better Ateneo team in the title round of the UAAP Season 80 men’s basketball tournament after losing in the Finals the year before.ADVERTISEMENT LATEST STORIES MOST READ QC cops nab robbery gang leader, cohort Don’t miss out on the latest news and information. Typhoon Kammuri accelerates, gains strength en route to PH View comments
Four of South Africa’s leading sports federations were on Monday banned by the sports minister from bidding for or hosting major international events for at least a year over their failures to create opportunities for black players.Sports Minister Fikile Mbalula made the announcement after receiving a report on “transformation” in South Africa’s five biggest sports: Rugby, cricket, soccer, athletics and netball.Rugby, cricket, athletics and netball all missed targets they agreed on with the government. Soccer was the only one to meet its target.”I have therefore resolved to revoke the privilege of Athletics South Africa (ASA), Cricket South Africa (CSA), Netball South Africa (NSA) and South African rugby (SARU) to host and bid for major and mega international tournaments,” Mbalula said in a statement.The ban comes into effect immediately, Mbalula said. He said he will review his decision when he has received the results of the federations’ transformation efforts for 2016-17. That could be at the end of next year, or maybe only in early 2018.His move complicates South Africa’s intention to bid for the 2023 Rugby World Cup. The South African Rugby Union has already announced its intention to bid. World Rugby will release tender documents to interested countries in May, and countries must formally confirm their intention to bid in June.South Africa, host in 1995, has been trying to hold the Rugby World Cup again since 2011 but failed in three successive bids. Under the decision announced by Mbalula on Monday, SARU wouldn’t be allowed to bid for 2023.advertisementBoth the rugby and cricket federations said their officials would go into closed-door meetings with sports ministry officials after the announcement. Athletics South Africa said it would need to study the “pronouncement” made by Mbalula before commenting.Rugby is the only one of the sports seeking to host a major event in the near future. Mbalula’s decision should not affect the 2022 Commonwealth Games, which has already been awarded to Durban. The Commonwealth bid was led by the South African Olympic committee.The South African government has been pushing for years for the country’s main sports – especially rugby and cricket – to create more opportunities for black players. More than two decades after the end of apartheid, those two sports are still generally dominated by whites despite the fact that blacks make up over 80 percent of South Africa’s population.All five federations agreed on various transformation targets with the government in 2015. Those agreements involved getting black players involved at school, age-group and club level, right up to provincial and national level.
TagsTransfersAbout the authorPaul VegasShare the loveHave your say Tottenham boss Pochettino hints he needs to sell before buyingby Paul Vegas10 months agoSend to a friendShare the loveTottenham boss Mauricio Pochettino has hinted he needs to sell before buying in January.Pochettino concedes his squad is currently overloaded.He explained, “We have a full squad. “I think we have 28 in the squad. I think it’s impossible to sign players if we have no space. We don’t have enough spaces at the moment, so it makes no sense to talk about signing players.”