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www.thesynergyonline.com/legalnews.htm |
WEDNESDAY
AUGUST 18 2010 |
Thesynergyonline Legal Bureau
NEW
DELHI, AUG 17 : 
NDIA'S
sandalwood trees are in danger or say are on the verge of extinction as industries
using sandalwood as their raw material are continuously cutting sandalwood trees,
without winking an eye. It takes anywhere from 60 to 70 years for a sandalwood
tree to get its scent but not even 6 to 7 minutes to knock down a full grown tree
to dust.
Who
says that the late infamous Indian dacoit Veerappan, the notorious smuggler of
sandalwood is dead? There are still many more 'Veerapans' working for the same
deadly cause just a bit more sophisticatedly and systematically.
If
the current rate of destruction of the sandalwood trees would continue it might
sound a bit absurd but India who currently exports sandalwood and its products
might very well need to import it. There is no second thought about it that cutting
down a sandalwood tree is a criminal offence but on the other hand most of us
use sandalwood products in one way or the other.
For
these products to be manufactured trees are to be cut down and the whole industry
is flourishing on this demand. So firstly we need to cut down the demand of sandalwood
products and then secondly put a 'stop' to these industries.
Central
Empowered Committee, constituted by the order of Supreme Court, regarding the
working of the sandalwood oil factories in various parts of the country, also
arrived on this conclusions that a large number of sandalwood factories are involved
in the use of illegal sandalwood trade because of its high value and low volume
and the ease with which it can be transported and used.
Indian Sandalwood Oil Association filed an Application saying that they were not heard before filling such a report, after which they were heard.
Indian Sandalwood and Sandalwood oil Association, Surya Vinayak Industries Kamakhya
Oil Company Dharampal Premchand and some other companies filed before the CEC
saying that if any legislation or order is passed to close down sandalwood units
that would not stand the test of constitutional validity in accordance with the
series of case law.
Even
in case of potentially harmful products such as tobacco, cigarettes etc. are merely
regulated but there is no absolute prohibition. They said that blanket ban on
running of sandalwood oil distillation units in the non sandalwood producing states
would not achieve the purpose of the curbing or preventing illegal felling of
sandalwood trees and smuggling of sandalwood.
They
felt that such a ban would be excessive and unreasonable. But CEC observed that
as a result of illegal activities are going on a larger scale; the number of sandalwood
trees in the country has been dwindling at an alarming rate. There is hardly any
sandalwood which is now silviculturally available for felling. The only legal
felling is that of dead sandalwood trees.
Consequently, whatever sandalwood is available is mainly through the illicitly cut confiscated sandalwood trees that are ultimately auctioned by the state Forest departments. Even Karnataka which once was a thriving state in the matter of production of sandalwood has at present been reduced to a position where one of the two existing licensed public sector units has been forced to close down because of non availability and acute shortage of sandalwood from legal sources. It said that sandalwood is already on the verge of extinction in the country.
The
sandalwood legally available in India is not adequate to meet the raw material
required of the few existing units in the sandalwood producing states also. As
such the problem of depleting or non availability of sandalwood will only get
further accentuated with the establishment or continuance of sandalwood units
in far flung areas of non sandalwood producing states or on the borders of sandalwood
producing states.
Even
a special bench of Supreme Court comprising Chief Justice K G Balakrishnan and
Justices Arijit Pasayat and S H Kapadia issued notices on an application of a
company alleging that an unholy nexus between sandalwood smugglers, unscrupulous
politicians and businessmen was creating shortage of sandalwood trees, particularly
in Karnataka, which is the main sandalwood producing state in the country.
The
Supreme Court Empowerment Committee also echoes this line of thought. The report,
therefore, recommends, "Sandalwood oil factories in non-sandalwood producing
states and Union Territories should be immediately shut down ... as far as possible,
sandalwood oil extraction facilities should be run through central or state undertakings."
CEC observed that the need of the hour is to have a very strict regime for regulating
the sandalwood oil units rather that liberally permitting them.
On
high value and increased demand in internal and external markets, sandalwood prices
have skyrocketed. The increase in price is partly due to a decrease in supply
during the 1930s-1950s. In 1950, 4,000 tons of heartwood was produced, in 1990,
this was down to 2,000 tons. The increase in demand can be attributed to the popularity
of aroma therapy and trends in the cosmetic industry toward natural products.
The
legislation by the Indian Government to protect the sandalwood tree has been inconsistent
as the sandalwood trade represents a significant area of export to the US and
Middle East. Exports to the US are primarily for use in the perfume industry.
The oil is an excellent base and fixative for other high grade perfumes. By itself
it is a mild, long-lasting sweet perfume, but the industry finds that it can blend
well with other perfumes and does not impart its fragrance when used as a base.
There are several hundred products that use sandalwood oil.
Logically,
the rules and regulations in the states where there is hardly any growth of sandalwood
trees should have been much more stringent than the sandalwood growing states.
But fact is unfortunately otherwise. Presently, in most of the other states, the
sandalwood oil extraction units can be set up with ease after registration under
the Boiler Act and Factories Act.
There
is no effective regulation or supervision by the Forest Department to ensure that
the sandalwood oil extraction units do not use illegally procured sandalwood in
the grab of imported sandalwood. Enforcement at the field level is extremely complex
and ineffective at the present situation is tailor made for the law breakers.
In the above circumstances it is imperative that the establishment of the sandalwood
oil extraction units in non sandalwood producing states or far flung areas is
strictly regulated or closed once for all.
Although
trade in Indian sandalwood is officially restricted, smuggling remains a serious
threat to the tree. It would be just impossible to protect the Indian Sandalwood
that is the unique gift of nature, till much harsher Laws to close all those factories
that are using indigenous sandalwood trees to manufacture different products based
on these valuable trees.
If we want to safeguard 'Indian sandalwood' we should allow only those sandalwood oil units based exclusively on purely import sandalwood may be permitted in identified locations subject to the forest department. Not only Surya Vinayak Industries but many more companies are involved in this illegal trade, because the quota they are getting legally isn't sufficient for them.
The CEC report suggests that sandalwood factories for which sufficient raw material are not available from "legal sources" should be closed down and the machinery "dismantled". If put into practice, this would go a long way in stopping the distilling of illegal sandalwood, the implementation of the committee's suggestions seems to be the only hope for sandalwood forests. Unless this is done soon, the heady fragrance of a treasured cluster of trees may become only a memory. (editor@thesynergyonline.com)
METAL -DUST-COATED THREAD FOR FLYING KITES 'LIFE THREATENING '
Thesynergyonline Legal Bureau
NEW
DEL;HI, AUG 13:
COME Independence Day, one witnesses the sky-dotted with
colorful kites signifying freedom. But flying kites could be life threatening
with the metal-dust-coated manja (thread) that is in vogue now-a-days. This is
a dangerous concoction of metal coated thread with high tension electricity wires
often leading to electrocutions not only for the kite flyer but others as well.
The Delhi Police has banned the selling and use of metal-dust-coated and glass-dust-coated manja. The order was passed by Jaspal Singh, IPS, Dy. Commissioner of Police, Central District, Delhi.
According to the order any person contravening this order shall be liable to punishment
in accordance with provisions of section 188 under the Indian Penal Code. The
Delhi High Court also passed the order under Justice Shiv Narayan Dhingra
For
Kite Flying, mainly two types of threads (popularly known as manja) are used i.e.
ordinary manja and special manja. Earlier, special manja was made of threads with
coating of local adhesive with fine dust of glass which act like razor to cut
the manja of the other competitor. But now a new type of manja is available with
the metallic coating which is life threatening.
Mr
Rajesh, dealer of non-glass and non-metal coated manja, emphasizes , "Due
to metal coating when comes in contact with overhead electricity supply cables,
electric current runs through the manja thread, resulting in danger of electrocution
of the kite flyer or passer-bys. He further adds, "With the glass-dust-coated
manja Bloody hands are a regular affair".
The
metal-dust-coated manja is mainly manufactured in Barilley, where the manufacturers
make the manja in a non-standardized way. While the making of the glass-dust-coated
manja, often the blood of labour is also coated onto the manja, hence becoming
a possible career of contagious blood diseases.
Presently. life-threatening metal-dust-coated and glass-dust-coated manja is being sold openly in the Delhi market and no one is adhering to the Delhi Police and Delhi High Court Order. Mr Rajesh calls out for the use of non-glass coated and non-metal coated manja, which is the real thread of flying kites. (editor@thesynergyonline.com)
‘SET
UP INTERNATIONAL COURT FOR CYBER CRIMES ‘
Thesynergyonline Legal Bureau
NEW DELHI, JULY 01 : IN view of fast increasing threat to national security, a day long conference on ‘Cyber Security & Cyber Law’ has unanimously recommended formation of international court for cyber crimes and independent cyber police department in India.
The
conference organized by ASSSOCHAM here today was addressed by Additional Secretary,
Ministry of Law & Justice, Mr. P.K. Malhotra, Joint Secretary (Centre States),
Ministry of Home Affairs, Dr. N.S. Kalsi; Head Government Verticals, b Systematic
India, Mr. Nitraj Singh and Chairman,. ASSOCHAM Cyber Law Committee, Mr. Pavan
Duggal and its Secretary General, Mr. D S Rawat. In it police officials
of over a dozen states were also present on the occasion.
It
has also recommended that Cyber Appellate Tribunal should also be empowered with
more teeth to ensure that all its judgments can only be challenged in the supreme
court of India and not referred to High Courts as is the practice as of now.
In
addition, it called for constitution of International Court of Cyber Justice since
cyber crimes have no borders for which India should take a lead because it happens
to be one of the leaders in the field of Information Technology in the world.
The consensus view amongst the experts was that in view of increasing cyber
crimes, Indian government needs to evolve a National Security Policy which should
be implemented in all government departments with perfect harmony and awareness.
The cyber crimes cannot be effectively handled unless the proposed policy is put
in place said, Mr. Malhotra.
Mr.
Duggal who is also a Senior Supreme Court Advocate emphasized that IT Act originally
provided for grant of no bail on guilt for committing cyber crimes. However, with
IT amendment Act of 2008 which became operational in December 2009 made such crimes
bailable.
As
a result, cyber criminals are not dealt with stringent provisions of law and often
escape the legitimately required punishment. This needs to be reviewed and cyber
crimes made non-bailable so that it works as a strong deterrent for those who
intend to commit such crimes said, Mr. Malhotra and Mr. Singh.
The
experts also felt that Cyber Appellate Tribunal currently lacks sufficient teeth
as its judgments can be questioned even in High Courts. What is needed is more
legal and judicial empowerment for this tribunal to make sure that its pronouncements
can be referred only to Supreme Court.
According to Additional Secretary, Ministry of Law & Justice, “India being one of the leaders in IT and ITEs needs to initiate an exercise for constitution of International Court of Cyber Crime because, such crimes have no borders. The proposed court could be on the line of International Court of Justice and effectively try cyber crimes. This has become necessary because cyber terrorism has already gained firm grounds in many countries and one way to prevent it could be through constitution of proposed court”. (editor@thesynergyonline.com)
NEED FOR ALTERNATE DISPUTE RESOLUTION MECHANISM STRESSED
Thesynergyonline
Legal Bureau
NEW
DELHI, JAN 30 :
STANDING Conference of Public Enterprises (SCOPE) organized
a seminar on 'Making Alternate Dispute Resolution (ADR) Work'here today. It was
inaugurated by Mr Salman Khurshid, Minister of State (I/C) for Corporate Affairs.
Justice Madan B Lokur, Judge, High Court of Delhi was guest of honour.
Mr. Arup Roy Choudhury, Chairman, SCOPE & President, SCOPE Forum for Conciliation and Arbitration (SFCA) and Dr Gita Rawat, Jt. Secretary and Arbitrator, DPE addressed the seminar. Dr U.D. Choubey, Director General, SCOPE, Mr Ashok Sharma, Chairman, Standing Legal Committee &Chief General Manager, MMTC and Mr U.K. Gupta, Director (Technical) SCOPE and Member Secretary, SFCA also spoke on the occasion.
In his address Mr Salman Khurshid, Minister of State (I/C) for Corporate Affairs
said that government will give high importance to the Alternative Dispute Resolution
Mechanism to settle disputes amicably. He said that the government is cognizant
of the fact that the number of Judges are less as compared to the number of litigations
in the Court. Problem of disputes is inevitable in a growing economy and there
is therefore need for development of some alternative forums.
Commending SCOPE Forum for Conciliation & Arbitration (SFCA), the Minister said he would carry back to the Minister for Heavy Industries & Public Enterprises and make sure that SFCA gets the importance it deserves. He said the Law Ministry is taking vigorous steps for disposal of pending cases. "
"There is need to do some exercise within the government and the Committee of Disputes (CoD) and Permanent Machinery of Arbitration (PMA) need a fresh look," he added.
Justice Madan B Lokur, Judge, High Court of Delhi advised industry and business people to look at the alternative justice delivery systems. Emphasizing that mediation has tremendous advantage vis-à-vis litigation, he advised training for mediators, arbitrators etc. Justice Lokur said mediation forums started in Delhi since 2005 has so far resolved 18178 cases in less than five years. Every month about 500 cases are being resolved, he added.
Chairman,
SCOPE Mr. Arup Roy Choudhury urged the government to empower the SFCA so that
the decisions taken by it become mandatory. He assured that SFCA would make decisions
within a specified time.
Dr U.D. Choubey, DG, SCOPE in his address said ADR can minimize time and cost aspects of arbitration which PSEs are incurring on arbitration and the same can be better used for saving useful resources of the public sector.
In her address Dr Gita Rawat, Jt. Secretary & Arbitrator, DPE mentioned about advantages of ADR and various forums set up by the government for resolution of disputes. Mr. Ashok Sharma, gave programme perspective while Shri U.K. Gupta, Director (T), SCOPE proposed a vote of thanks. The programme is being attended by about 90 Executive Directors/General Managers (Law) and other senior executives from public and private sector enterprises, arbitrators etc. (editor@thesynergyonline.com)
INDIAN AUTHORS AND PUBLISHERS FILE OBJECTIONS AGAINST GOOGLE BOOK SETTLEMENT
Thesynergyonline Legal Bureau
NEW
DELHI, JAN 28 :
INDIAN authors and publishers, along with the Indian Reprographic
Rights Organisation (IRRO) and Federation of Indian Publishers (FIP), today filed
their objections against Google Book Settlement’s (GBS 2.0) violation of
Indian and International copyright laws.
The filing at the New York District Court has been made by eminent Indian authors and publishers including Star Publications , Abhinav Publications, Daya Publication House and Pustak Mahal.
“The Google Book Settlement is contrary to every international treaty that governs Copyright laws. Google’s unilateral conduct is a brazen attempt to turn Copyright law on its head, by usurping the exclusive rights of the Copyright holder,” says Siddharth Arya, legal counsel for IRRO.
Since 2004, Google has scanned over seven million books from across the world. Following this, the Authors Guild of America sued the company for copyright infringement, resulting in the Google Book Settlement that was binding on almost all authors and publishers. Thereafter, several objections by countries, such as France and Germany, as well as the United States Department of Justice, the Court asked Google to file a revised settlement," he adds.
"The outcome - GBS 2.0, incorporates minor cosmetic changes but continues to violate basic copyright laws. At the same time, it retains several fundamental issues in the original settlement, such as a mechanism known as ‘opt out’. This implies that if a person is silent, he is deemed to have consented to an agreement, thus fundamentally altering his rights, a concept inherently unfair and contrary to existing legal principles, he says.
Arya adds, “It is outrageous that Indian authors and publishers are forced parties to an agreement that has been negotiated on their behalf by a few publishers alone, without any representation of their interests. Furthermore, the specifics of the agreement have not been communicated to the affected parties. Our objections are centered around these issues, and we are currently awaiting the court hearing scheduled for mid-February.”
The current scope of GBS2.0 is books that are either registered with the United States Copyright Office or published in the UK, Canada and Australia. However, it impacts the rest of the world as much, since any author published in the aforementioned countries is included in the settlement. In the current global economy, Indian authors like to see themselves published abroad for higher royalties and better professional services.
In the US, the campaign against GBS 2.0 is being led by the Open Book Alliance, members of which include the American Society of Journalists and Authors; National Writers Union; New York Library Association; US Council of Literary Magazines and Presses, as well as non-profit organisation such as the Internet Archive, the Small Press Distribution and the Special Libraries Association, and Science Fiction and Fantasy Writers of America, along with several multinationals like Amazon, Microsoft and Yahoo. (editor@thesynergyonline.com)
AICBA HAILS SC MODIFICATION ORDER REMOVING RESTRICTIONS ON CONDUCT OF FIELD TRIALS
Thesynergyonline News Service
NEW DELHI, INDIA , FEB 21 : THE All India Crop Biotech Association (AICBA) , the association of India's agriculture biotech companies, hass welcomed the Supreme Court Order in the PIL filed by Aruna Rodrigues giving the Genetic Engineering Approval Committee (GEAC) final authority on all field trial applications and permissions for biotech crops based on guidelines and examination of bio-safety considerations.
This paves the way for GEAC to progress approvals of existing applications, as well as further applications for biotech crop field trials that the Court had earlier restricted. This decision will accelerate the development of biotechnology in India and is in line with the Prime Minister and Finance Minister's recommendation to utilize biotechnology to boost agricultural productivity and improve the status of our farmers.
AICBA reaffirms that the existing Indian regulatory mechanism concerning biotech is harmonized and comparable to the regulatory mechanism existing in other countries.
Thus far, cotton with Bt technologies is the only approved biotech crop technology introduced in India in 2002. Interestingly, India's cotton production has nearly doubled to ~310 lakh bales in 2007-08, from 158 lakh bales in 2001. During these years, India has also emerged as the world's second largest producer and third largest exporter of cotton, all within six years of introduction of the GM cotton technology. In the 2007 season, Bt cotton was adopted on 63% of India's total cotton acres (14.4 million), which is a clear example of biotechnology that is addressing the needs of India's small landholding farmers, and farmers' testament to the acceptance and potential of agri biotechnology.
Mr. R.K. Sinha, Executive Director, All India Crop Biotech Association (AICBA) commented, "With decreasing resources and increasing demand for food and fuel, it is crucial that we increase yields. Farmers have two primary needs. Firstly, for better quality seed and technology that protects and maximizes yield potential; and secondly, appropriate knowledge on newer technologies so that farmers can realize increased yields. These will result in greater economic returns for farmers."
Worldwide, millions of farmers in over 20 countries are benefiting from agri biotechnology and there is much science-based justifiable evidence why Indian farmers should be given access to this technology and reap these benefits. Biotechnology is one tool that can help increase the productivity of Indian agriculture.
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