Newsletter - January 2024

REGIONAL NEWS

1. The postgraduate medical students’ bond reduced to 1 year

Initially, postgraduates were obligated to work for two years in a
Government Hospital where they had been posted. Only after completion
of the tenure their certificates were to be provided. Failing which, the
students were liable to pay 40 Lakhs in exchange for their certificates. The
problem likely began during the COVID period. The issues include failure
to consider the work done by the students during the covid period as part
of the bond, failure to provide posting to postgraduates for a prolonged
time, improper communication, and failure to provide the said stipend
for their work. Inefficiency in medical administration created turmoil
amongst the postgraduates, henceforth leading to the filing of a case in
the High Court of Madras. After the hearing, the court granted relief to
non-service postgraduate medical students in Tamil Nadu, by reducing
the tenure of the bond period from two years to one year. The bond
amount has also been reduced by the Government from Rs 40 lakh to Rs
20 lakh. The Court further held that work done during the COVID crisis
shall be taken as the work tenure and the Universities shall return their
certificates pronto. Justice N. Seshasayee, in his closing remarks, warned
the board not to abuse postgraduate doctors mentally and, in contrast, to
treat them with dignity

2. TN Govt announces schemes to improve safety and livelihood in Manali-

Ennore area
On Sunday, the govt. announced a slew of schemes to strengthen the
safety, health and livelihood of residents in the Manali-Ennore area

The legal aid clinic holds it as an honor to acknowledge the contributions of Dhanavarshane V, Annapurni, Dhiraj
SV, Keerthivasan, Geethanjali, Rolina Cruz, Poomalai, Nandhini N, Kshiti Jain K, and Agnel Sherin to this
month's newsletter.

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In addition to this, a detailed plan is under preparation based on the
2023-24 budget announcement regarding the development layout for
north Chennai. Till then, the govt. has decided to set up a special
pollution monitoring authority to check compliance with pollution
control guidelines and the quality of water. It will be monitored using
advanced systems accompanied by 2 exclusive flying squads and an
emergency response team to conduct awareness and health camps. The
govt. will also establish a Manali-Ennore Restoration and Rejuvenation
Company (MERRC), which will focus on identifying the gaps in
infrastructure development and work to solve them. A special fund is to
be created for undertaking development activities, and the money will be
provided through CSR funds of companies and the audit of the
industries falling under the red category in the region will be taken by
the Directorate of Industrial Safety and Health. The official release
regarding this further stated that the Kathivakkam urban primary health
centre would be upgraded by 10 beds and free training with travel
assistance will be provided to youth through the TN Skill Development
Corporation. Finally, the release also vowed to take legal action against
those responsible for the ammonia gas leak in Ennore once the final
report is submitted and that a technical committee is looking into the
issue

3. Sr Advocate P.S. Raman appointed as the new Advocate General of

Tamil Nadu
Senior Advocate PS Raman was appointed as the new Advocate General
of Tamil Nadu by the Governor on 12th January in the exercise of his
power under Art. 165(1) of the Constitution of India. He is appointed as
the Advocate General for the second time now after the resignation of
R.Shanmugasundaram from the position. Adv. PS Raman was first
appointed to the post in 2009 at the age of 49 making him the youngest
person to have been Advocate General of TN only next to his father,
V.P. Raman who was appointed at the age of 46 years.

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NATIONAL NEWS

4. SC: Police must inform ‘Hit and run’ victims about the compensation
scheme
In accordance with Section 161 of the Motor Vehicles Act, 1988, the
Central Government has framed the Compensation of Victims of Hit
and Run Motor Accidents Scheme, 2022 which provides for the
compensation of Rs 2 Lakhs in case of death and Rs 50,000 for
injuries to the hit and run accident victims.
Statistics show that out of the 67,387 cases in the year 2022, the
number of claims were only 205 out of which 95 were settled. The
Supreme Court laid down a few directions in regard to the
compensation that the police must inform the victims about the
scheme.
The Bench reminded the government that the "value of money
diminishes with time" and directed the Centre to consider amending
the Motor Vehicles Act to increase the compensation awarded to
victims of hit-and-run incidents and also directed the Standing
Committee to take effective steps to increase public awareness about
the scheme and to implement the same in an effective man

5. SC upholds abrogation of Art. 370

The Supreme Court on December 11, 2023, unanimously upheld the
validity of the 2019 decision of the Union Government to repeal the
special status that was accorded to the State of Jammu and Kashmir
under Article 370 of the Constitution of India. The court rejected the
argument that the abrogation of Article 370 violated the basic
structure of the Indian Constitution. On August 5, 2019, the Union
Government abrogated Articles 370 and 35A through a presidential
order which sparked various controversies across the nation.

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The judgement was pronounced by the Constitution bench of the
Apex Court, composed of Chief Justice of India DY Chandrachud,
Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya
Kant.
The Court directed that steps shall be taken by ECI to conduct
elections by September 30th, 2024. The Court further held that the
restoration of statehood of J&K shall take place as soon as possible.
Cause Title: In Re: Article 370 of the Constitution
Read the judgement here

6. Advocates Amendment Bill passed in the Parliament

The Advocates Amendment Bill of 2023 has been successfully passed
in the Lok Sabha and Rajya Sabha with the objective of eliminating
'touts' from the legal system. The Bill abolishes the Legal Practitioners
Act of 1879 and modifies the Advocates Act of 1961, aiming to
eliminate "the number of unnecessary enactments in the statute book"
and revoke all "outdated laws." According to the Bill, each High
Court, district judge, sessions judge, district magistrate, and revenue
officer is authorised to formulate and release lists of touts. A tout
means an individual who either offers to secure or secures the services
of a legal practitioner for legal matters in exchange for payment. Any
individual listed as a tout who engages in tout activities may face
imprisonment for up to three months, a fine of up to Rs 500, or both.

7. Odisha’s red ant chutney receives GI

On January 2, 2024, the red weaver ant chutney known as Similipal
kai, crafted by the indigenous communities in Mayurbhanj district of
Odisha, was granted a geographical identity tag. Geographical
indications, considered as part of Intellectual Property Rights, are
encompassed by Articles 1 (2) and 10 of the Paris Convention for the

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 Protection of Industrial Property. Additionally, they are addressed
in Articles 22-24 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS). In 2020, The Mayurbhanj
Kai Society Ltd applied for the registration of Similipal kai in Class
30 under 13(1) of the Geographical Indications of Goods
(Registration and Protection) Act, 1999. According to experts this
chutney is rich in proteins, vitamin B-12, calcium, iron, copper,
magnesium, potassium, sodium, zinc and amino acids. Being native
to Mayurbhanj, these red weaver ants are found in abundance in
the forest area throughout the year. The collected red weaver ants
and its eggs are cleaned before making chutney. The chutney is
made by blending and grinding a mixture of salt, ginger, garlic, and
chillies, resulting in a spicy and sour flavour

8. Three new criminal laws enacted by the Parliament

The Lok Sabha on 20th and the Rajya Sabha on 21st, December
2023 passed the Bharatiya Nyaya (Second) Sanhita, Bharatiya
Nagrik Suraksha (Second) Sanhita, and Bharatiya Saksha (Second)
Bill. The three bills will replace the Indian Penal Code, 1860, Code
of Criminal Procedure, 1973 and the Indian Evidence Act, 1872
respectively. The three bills were initially introduced in the
monsoon session of the Parliament but were then referred to the
Standing Committee on Home Affairs. The parliamentary panel
recommended changes to the bills and they were reintroduced by
the Union government in the Parliament after withdrawing the old
bills. Hon’ble President Draupadi Murmu gave assent to the bills
on 25th of December
Click here to read Bharatiya Nyaya Sanhita (Replacing IPC)
Click here to read Bharatiya Nagrik Suraksha Sanhita (Replacing CrPC)
Click here to read Bharatiya Sakshya Bill (Replacing IEA)

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9. Justice B.V.Nagarathna advocated for more women judges
representation in Judiciary
The Supreme Court judge, who will become India’s first woman
Chief Justice in 2027, empathised with the need for more
representation of women on the bench. While delivering the Justice
Sunanda Bhandare memorial lecture, she said that more women
judges are a constitutional imperative for better justice. At present,
only 4 percent of all Supreme Court judges are women. According
to the Department of Justice, only 13 percent of all HC judges are
female, and only 30 percent of subordinate judges are female. The
increase in willingness of women to seek justice and enforce their
rights through courts and the ability of women judges to bring
unique insights into cases involving gender-specific issues like
reproductive rights, gender-based violence, family law, etc.
highlight the indispensable need for women's representation on the
bench.

10. MoE launches Prerana Program

The Ministry of Education launched "Prerana: An Experimental
Learning Program'' to empower participating students with
leadership qualities. It is a week-long residential program for
selected students in classes IX–XII. Twenty students are selected for
each batch. The curriculum is based on nine value-based themes
prepared by IIT Gandhi Nager. The program aims to embody the
spirit of ‘Vasudhaiva Kutumbakam’ and foster the principle of
unity in diversity
click here for more details

11. Delhi HC permits PepsiCo to claim patent for potato variety

The judgement was given on PepsiCo’s appeal under the Protection

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of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001, against
the order of the PPVFR Authority, wherein PepsiCo’s registration
with respect to the plant variety FL 2027 was revoked. FL 2027 is a
chipping potato variety with low external defects and is grown
exclusively by some farmers for PepsiCo. It has high dry matter, a
high solid content, and stable sugars, making it suitable for the
manufacture of chips.
Read the order here

12. Himachal Pradesh Grants Scheduled Tribe Status to Hattee

Community
The Himachal Pradesh government has officially granted
Scheduled Tribe (ST) status to the Hattee community, known for
their traditional practices and distinctive attire, following delays for
clarifications on the Constitution (Schedule Tribes) Order (Second
Amendment) Act, 2023. The community follows a rigid caste
system and is governed by a traditional council called Khumbli,
which is responsible for deciding community matters, and its
authority remained unchallenged despite the establishment of the
Panchayati Raj System.

13. Worried about the implications of the Bharatiya Nyaya Sanhita

(BNS), truck drivers abstained from work.
The truck driver's protest over the implications of Section 106 of
Bharatiya Nyaya Sanhita (BNS) has led to the government
promising to implement the provision after consultations with the
All India Motor Transport Congress. Section 106 of the BNS,
which replaces Section 304A of the IPC, will treat hit-and-run
accident cases as an aggravated form of the offence of causing

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death by recklessness or negligence. It provides for a prison term of
up to 5 years, besides a fine, for causing death due to rash or
negligent acts, and in cases of accidents where the driver escapes
without reporting it to a police officer or magistrate soon after the
incident, the imprisonment extends to 10 years and a fine. The
existing 2-year jail term has been increased to incur additional
criminal liability.

14. SC says can't pause law on Election Commissioners'

appointments
The new law states, "Chief Election Commissioner and other
election commissioners shall be appointed by the President on the
recommendation of a Selection Committee consisting of — (a) the
Prime Minister — Chairperson; (b) the Leader of Opposition in the
House of the People — Member; (c) a Union Cabinet Minister to be
nominated by the Prime Minister — Member." Congressman Jaya
Thakur's appeal contesting the validity of Sections 7 and 8 of the
Chief Election Commissioner and Other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Act,
2023, was accepted by the Supreme Court. But the highest court
declined to grant the legislation an instant stay. President Droupadi
Murmu signed the Election Commissioners Act into law last
December. Thakur filed a writ petition under Article 32 of the
Constitution, challenging the validity of the act, which was being
heard by a bench of Justices Sanjiv Khanna and Dipankar Datta.
By removing the CJI from the selection panel, the central
government has been accused by the opposition of disobeying the
Supreme Court.

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INTERNATIONAL NEWS

15. The Israel-Gaza Crisis reaches dispute from the court’s cause list.
the ICJ, Court Hears Arguments The Court’s decision will be
Proceedings were instituted by delivered at a public sitting in due
South Africa (SA) against Israel at course of time.
the International Court of Justice Click here for more info
(ICJ) for alleged violations of
obligations under the Convention 16. Pillar two tax reform in EU
on the Prevention and Punishment
In an attempt to ensure an
of the Crime of Genocide 1948
appropriate rate of corporate
(“Genocide Convention”) on 29th
taxation and decrease tax
December 2023. The public
avoidance from larger
hearings concluded on the 11th
multinational corporations which
and 12th of January 2024 were
reap the benefits of low tax
confined to the indication of
jurisdictions, the Organisation for
provisional measures to “protect
Economic Co-operation and
against further, severe and
Development (OECD) has
irreparable harm to the rights of the
implemented two pillar tax reforms
Palestinian people under the
in their inclusive framework for
Genocide Convention”.
Base Erosion and Profit Shifting.
Ensuring a global minimum level
The State of SA threw light on
of corporate taxation is one of the
obligations owed by both parties
two work streams of the global
under the Genocide Convention
OECD agreement (Pillar 2) - the
and sought to protect Palestinians
other is the partial re-allocation of
in Gaza from violence by
taxing rights (known as Pillar 1).
immediate seizure of military
The latter will adapt the
activities and non-escalation of the
international rules on how the
dispute. The State of Israel sought
taxation of corporate profits of the
the court’s rejection of SA’s
largest and most profitable
application and removal of the
multinationals is shared amongst
countries
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Pillar 2 slows down the so-called The Council of the European
"race to the bottom"—the Union adopted the proposal for a
competition between nations to minimum corporate tax of 15% in
reduce their corporate income tax accordance with the global
rates in an effort to draw in foreign agreement reached in the OECD
investment—by reducing the Inclusive Framework. By
incentive for companies to relocate December 31, 2023, EU Member
earnings to nations with lower tax States will have to put the new
rates. In every nation in which regulations into effect. Many other
multinational firms conduct nations will follow suit, including
business, this minimum tax ought Australia, New Zealand, Norway,
to guarantee that they pay an and the United Kingdom.
effective corporate tax rate of at
least 15%. To put it succinctly, the
way this would operate is that if a
local company has low-tax income
in another nation, the other
country would impose top-up
taxes on it. Large-scale domestic
organisations in the EU and
international firm groups with
combined annual financial sales of
more than €750 million will be
subject to the regulations. These
will be applicable to any sizable
organisation, local or foreign, that
has a parent business or subsidiary
based in a member state of the
European Union.

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ABOUT THE LEGAL AID CLINIC

The Legal Aid Clinic, driven by a commitment to upholding

the constitutional rights of the economically backward,
indigent, and marginalised, serves as a vital institution
dedicated to ensuring access to justice for all. Rooted in the
State's prime obligation to provide free legal aid, the clinic
actively works with the Tamil Nadu Legal Services
Authority and District Legal services Authority to bridge the
justice gap by offering complimentary legal services to
individuals unable to afford private representation. With a
multifaceted approach, the clinic not only provides advocacy
and representation for marginalised populations in areas
such as family law, housing, employment, and criminal
defence but also focuses on education. Through legal
education initiatives, data collection and analysis,
community outreach programs, and engagement with law
students at the Tamil Nadu Dr. Ambedkar Law University,
the clinic empowers individuals with knowledge of their legal
rights, fosters awareness about legal issues, and trains the
next generation of legal professionals. Additionally, the
Legal Aid Clinic takes strides towards systemic change by
identifying and addressing gaps in the legal system,
participating in policy advocacy, law reform initiatives, and
strategic litigation to bring about lasting improvements for
disadvantaged communities.
 CONTACT US!

Legal Aid Clinic

1st floor, Amenities block, The Tamil Nadu Dr.
Ambedkar Law University,School of Excellence in
law, M.G.R. Salai, Perungudi, Chennai - 600 113

Faculty Coordinators
1. Dr. P. Brinda - +91 9003066025
2. Dr. M. Sunil Gladson - +91 9444564019

For any suggestions

Sunand Subramaniam - +919003251929
(Student Coordinator)

legalaidclinic.soel@gmail.com

tndalu_lac

Legal Aid Clinic, TNDALU