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The Law Tree

Edition 68

India has been at the receiving end not only from the dreaded Covid19 virus but also unfavourable international media coverage of the situation in India. Despite being pushed to the edge, the medical fraternity, police, volunteers and the common man stood up to the challenge, serving people to best of their ability. Even as most States went into complete lockdown, May 2021 gave hope. The month recorded the lowest number of per day infections across the country. It is with the same hope and positivity we bring you this edition of The Law Tree. Beginning this edition, we bring you a new concise column – “The Covid Combat” highlighting positive developments, hopeful news and inspiring stories of humanity in our fight against Covid19. This is a humble tribute to the “never say die” nation that India is.

Covid Combat

We Shall Overcome

Amidst the raging second wave of Covid in India, research and other institutions continued their work unabated. DRDO’s laboratory, the Institute of Nuclear Medicine and Allied Sciences (INMAS) in collaboration with Dr Reddy’s Laboratories developed an anti-Covid-19 drug, 2-deoxy-D-glucose (2-DG).

Research began early in April 2020. Three phases of clinical trials were conducted on batches of patients across states from May 2020 to March 2021.

Being a generic molecule and analogue of glucose, it is believed to be available in plenty and can be easily produced in the country.

It was observed that use of 2-DG helps in faster recovery of hospitalised patients and reduces supplemental oxygen dependence. It is shown to inhibit / restrict viral growth in the body. 

On 1st May 2021, the Drug Controller General of India (DCGI) granted permission to emergency use of this drug as an adjunct therapy in moderate to severely affected Covi19 patients. Adjunctive therapy means treatment which is used to assist the primary treatment.

Insights

Insolvency in MSME: A (pre) Package Deal

In April 2021, the Central government promulgated the IBC Amendment Ordinance 2021. This is in continuation of its previous measures such as increasing the threshold of the default limit to INR 1 Crore and suspending the initiation of insolvency against companies during the Covid19 pandemic.    

The Ordinance amended the Insolvency Code to allow / enable the central government to notify pre-packaged insolvency resolution process for micro, small and medium enterprises (MSMEs).

What's Brewing

Health or Wealth? : The Raging Debate of Patent Waiver on Covid Vaccines

In October 2020, India and South Africa submitted a proposal to the World Trade Organization (WTO) for waiver of patents on vaccines against the SARS Covid19 which engulfed the world. 

The proposal was welcomed by almost 120 developing nations and strongly objected to by the world’s strongest economies including UK, Australia, Germany Japan, Norway, Singapore and the US. Russia and China were open for a dialogue on the same. 

Circulars & Notifications

Learn about this month’s circulars and notifications brought out by the MCA, FEMA, SEBI & RBI.

Nil

The Verdict

Right to Practice Profession is Fundamental

On 26th April 2021, the Hon’ble Kerala HC passed an order stating that ICAI’s refusal to retire a partner from a previous firm and enable practice in a new firm would violate the said professional’s fundamental right to practice profession freely under Article 19(1)(g) of the Indian Constitution. A look at the relevant details leading to this landmark judgment. 

Go Figure

National Human Rights Commission (NHRC)

A look at the most important institution for protecting human rights and addressing issues of violation.
Lawtitude

Same-Sex Marriage:
Different International Courts Raging a Never Ending Debate

Same-sex marriage is a marriage between two men or two women. This notion is contradictory to the understanding that marriage is an association between opposite sexes i.e. a man and a woman. Same-sex marriage is not celebrated in most of the countries in the world as there is a belief that such a relationship cannot even exist and therefore, it is difficult to give them a legal color. However, the 21st century has shown promising results by initiating the debate of holding such oppressive and discriminatory opinions as arbitrary and unconstitutional.

Cabooleat

An agreement; particularly that entered into by zamindars and farmers, with the Government, for the management and renewing of the land revenues

Abandonment of the secular arm

The delivery up by the ecclesiastical authorities to the civil authorities of a prisoner who could not be punished by the ecclesiastical courts

Banami

Transactions of sale of land etc, designed to conceal the owner, wherein one person’s name appears in deed, but secretly in trust for another.often incorrectly written benami,which might be mistaken for be(without a name), and destroying the meaning

Dation

In the civil law, a gift; giving of something. it is not exactly synonymous with “donation”. for the latter implies generosity or liberality in making a gift, while dation may mean the giving of something to which the recipient is already entitled

Infographic

The Farm Laws :
To Ease or to Add Stress?

The Farm Laws are some of a few Central Legislations which evoked serious controversies are being discussed and debated in India.

Lawlipop

Important legal and other news having a bearing on society depicted in a fun quirky way!

Plea(se): Lawyer services are essential

Plea in Kerala HC to include services of advocates and clerks as “essential services” amid Covid 2.0

SpO2 = CSR

Corporates spending on oxygen, ventilators counted as CSR

(P)Review
Your regular dose of a movie, TV show and a book all based on law to keep you entertained and thinking at the same time!
Movie

The Mauritanian (2021)

Guantanamo Bay, also known as GTMO or GITMO is a U.S military prison / detention camp on the US-Cuban border. Established by George W Bush Jr. in the aftermath of 11th September 2001 terror attacks on U.S, the camp became (in) famous for detaining all and sundry in the aftermath of the Twin tower attacks. There were no charges against the detainees nor was there a trial. Just indefinite detention. 

The story of Mohamedou Ould Slahi (played brilliantly by Tahar Rahim) is one of many such heart wrenching stories. Captured by the U.S government, without a charge or trial, Slahi spent 14 agonizing years in GITMO. Defense attorney Nancy Hollander (Jodie Foster) and her associate Teri Duncan (Shailene Woodley) take interest in Slahi’s case and delve deep only to find out that evidence is fabricated by the military prosecutor Lt Colonel Stuart Couch (Benedict Cumbercatch). Nancy and Teri fight all odds in pursuit of justice to unearth the conspiracy. In the end, they are triumphant as Slahi walks to freedom after 14 years. 

A legal drama based on a true story; the movie released in the US in February 2021. With the onset / recurrence of the Covid 19 pandemic the film could not release in theatres in the rest of the world. Instead, it premiered on the OTT platform on Amazon Prime Video. A must watch legal movie from the human rights perspective. 

Book/Novel

The Amendment Killer
by Ronald S Barak (2017)

In U.K and U.S laws, a wrecking amendment or killer amendment is moved by a legislator who disagrees with the principles or a bill as being useless or detrimental to public interests instead of directly opposing or voting against the Bill. The novel is based on this legal concept. 

From the house of the gold medalist gymnast cum lawyer Ronald “Ron” S Barak, this novel is a legal political thriller where there is a very thin line between fiction and truth.      

Supreme Court Justice Arnold Hirschfeld commences hearing on the 28th Amendment enacted to criminalize abuse of power by political representatives. As the hearing commences, he receives a cryptic text message that his 11 year old granddaughter has been kidnapped. Obviously to influence his vote on the amendment motion. In the meanwhile, retired District Judge Cyrus Brooks who is defending the amendment notices unusual behaviour of his colleagues in the courtroom and hires a detective to find out why. It’s a race against time for the young girl in captivity as she is diabetic and is running out of insulin. Read this thriller to find out if the girl was saved while the nation’s interests were protected.

TV Series

Your Honour (2020-21)

The teenage son of a Judge accidentally kills another teenager in a hit and run incident. The Judge asks his son to turn himself in. that is when he comes to know that the victim is the son of a local mafia kingpin. Consequently, the Judge tries to wipe off evidence and manipulate the case, affecting the life of another unsuspecting teenager in the process.

 

The series is an American legal mini series with a total of 10 episodes. The story was adapted from the Israeli series “Kvodo”. It completed its run time from December 2020 to February 2021.

Being Positive in a Negative Situation is Not Naïve. It is Leadership - Ralph Marston

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