Newsletter - March 2024

REGIONAL NEWS
Chennai Startup Agnikul Cosmos to launch India’s second private rocket
Tamil Nadu will host a significant space exploration event on March 22, 2024.
Agnikul Cosmos, a Chennai-based space startup, is scheduled to launch
Agnibaan Sub-Orbital Technology Demonstrator (SOrTeD), its first rocket.
This will be India's first private launchpad project, taking place at the Satish
Dhawan Space Centre in Sriharikota, Andhra Pradesh. The launch will mark
India’s first liquid oxygen-kerosene rocket flight from a privately developed
launchpad. Founded in 2017 by Srinath Ravichandran, Moin SPM, and Satya
Chakravarthy, Agnikul Cosmos secured a landmark agreement with ISRO in
2020 under the IN-SPACe initiative, providing access to ISRO's expertise and
facilities.
The upcoming launch not only demonstrates the prowess of India's private
space sector but also signifies Tamil Nadu's growing role in the space industry.
Sandeep Nanduri, Managing Director of Tamil Nadu Industrial Development
Corporation Limited (TIDCO), highlighted the state's commitment by
establishing space parks adjacent to the upcoming spaceport in
Kulasekarapattinam. Agnikul's venture adds to the momentum, following the
success of Skyroot Aerospace's Vikram-S launch in 2022. This burgeoning
private space ecosystem underscores India's ambition and potential in the
global space arena.
Click here to read in detail

TN Government to sign an MOU with the Centre for establishing PM SHRI

Schools
The Tamil Nadu Secretariat gave a press release that the Government is ready to
sign a MoU with the Ministry of Education, Government of India for
establishing the PM SHRI Schools. Such a scheme might create an era in the

The legal aid clinic holds it as an honour to acknowledge the contributions of Rolina Cruz, Dhanavarshane V,
Geethanjali J, Buvanashri I, Gnanavel L, Nandhini N, Vikashini GS, Brindha R, Swarna Naatchu V, Aswin
Kumar, Agnel Sherin and Dhiraj SV to this month's newsletter.
education system, proposes Central. Government decided to form an exclusive
committee on this matter hoping the findings of the committee would serve as a
platform for allowing the Central Government to establish PM SHRI Schools
across the regions of Tamil Nadu. It also mandates that such MoU shall be signed
in due course of time before the beginning of 2024-25 Academic year of Schools.
This Partnership between Government of India and Tamil Nadu Government will
create a strong Central- State relations in the country. The PM Schools for Rising
India (PM SHRI) scheme targets to upgrade 14,500 schools and is expected to
benefit 1.8 million students. It also aims to ensure these schools serve as model
institutes and encapsulate the spirit of National Education Policy (NEP) 2020. The
government has already selected 6,448 schools from 28 states and Union territories
for upgrade in the first round.

Sterlite Copper Plant Shutdown Upheld by Supreme Court, Citing

Environmental Violations
The Supreme Court of India has dismissed Vedanta's appeal to reopen its copper
smelting plant in Thoothukudi, Tamil Nadu. The plant was shut down in 2018
following allegations of environmental violations and public protests.
The court, led by Chief Justice D.Y. Chandrachud, emphasised the importance of
environmental protection and public health. They highlighted principles like
sustainable development, the polluter pays principle, and the public trust doctrine
in their decision.
While acknowledging the plant's contribution to the economy and employment, the
court found the repeated and severe environmental violations to be grounds for
upholding the closure. The judges noted the lack of proper action by the Tamil
Nadu Pollution Control Board (TNPCB) and validated the Madras High Court's
criticism of the board.
This decision comes after years of controversy surrounding the Sterlite plant.
Locals and activists had long raised concerns about pollution caused by the facility,
leading to protests that culminated in the plant's closure in 2018. The Supreme
Court's ruling upholds the closure, prioritising environmental well-being over
industrial operations.
Click here to access the judgement
NATIONAL NEWS
Supreme Court Strikes Down Electoral Bonds Scheme as unconstitutional
In a decision on 15th February 2024, the Supreme Court ruled unanimously
against the electoral bonds scheme, deeming it "unconstitutional and
manifestly arbitrary." This scheme, which allowed for absolute anonymity for
political donors, along with crucial legal amendments permitting corporations
to make unlimited contributions to political parties, has been struck down.
Headed by Chief Justice of India D.Y. Chandrachud, a five-judge Bench
declared that these actions violated the public's right to information about
political funding, as outlined in Article 19(1)(a) of the Constitution. Chief
Justice Chandrachud's opinion highlighted the promotion of corruption
through the scheme's absolute non-disclosure of funding sources, fostering a
culture of quid pro quo with the ruling party.
The State Bank of India was the only bank authorized to issue Electoral
Bonds to sell and redeem the bonds issued from March 2018, which were sold
until the Supreme Court struck down the scheme last month. The scheme was
struck down in order to ensure free and fair election.
Following the Supreme Court’s direction in the Landmark judgement in the
case ‘Association for Democratic Reforms v Union of India’(2024 INSC 113)
the "Election Commission of India” has uploaded the List of Bonds
Purchased through 2018 Electoral Bond Scheme on its website as received
from SBI, the inquiry panel said that a link was shared in its website where
two PDF files containing all the information received from the bank has been
uploaded. The information contained all relevant details of the bond’s serial
numbers, which includes serial number, encashment date, details of the
political party, last four digits of account number, prefix, bond number, face
value, paying office identifier and payment calculator.
The alphanumeric and serial numbers of electoral bonds can be used to assign
donations made through financial instruments to the political parties that
received them. Without a unique alphanumeric code, it is not possible to
combine lists and find out which donor to which party the money was given.
The alphanumeric code can only be seen with ultraviolet (UV) light. On
March 21, the Electoral Commission released a new database of election
loans, including their alphanumeric numbers. Furthermore, the ECI informed
that it had uploaded the details of option loans received from SBI "as is where is
basis". The release revealed many sensitive information. For instance, it was found
that, a lottery company denoted Rs. 1,368 Crores to a political party, a lot of
evidence has been found to show that companies like Megha Engineering, Jindal
Power and Steel Companies who donated crores of rupees won government projects
consequently and many more. Enquiry regarding the same is in order. It can be
strongly said that through this judgement the Supreme Court upheld the democracy
of India in an eminent manner.

Click here to read the judgement

Bribery no longer protected by Parliamentary Privileges

In the case of Sita Soren Vs. Union of India (2024 INSC 161), the Supreme Court
of India has revoked the immunity previously granted to Members of Parliament
and state legislators who accept bribes to influence their votes or speeches within
the legislative houses overturning its decision in P.V. Narasimha Rao v.
State((1998) 8 SCC (Jour) 1).
The seven-judge Constitution Bench emphasised that bribery cannot be shielded
under parliamentary privilege. The case originated from allegations against JMM
leader Shibu Soren and his party MPs in 1993, who were accused of accepting
bribes to influence their voting stance during a no-confidence motion against the
government at the time. The 1998 judgement had quashed the case against the
JMM MPs, citing immunity under Article 105(2) of the Constitution.
The recent ruling highlighted that parliamentary privileges are meant to promote
open dialogue, free from external pressure and distinguished parliamentary
proceedings for contempt or privilege breaches from criminal prosecution. The
court clarified that the offense is complete upon accepting the bribe, irrespective of
subsequent actions. This prevents immunity for lawmakers who accept bribes but
vote independently. Prime Minister Modi lauded the judgement expressing his
approval.
Click here to read the full judgement

Finance Ministry notifies Rs. 90 coin to commemorate 90 years of RBI :

In celebration of the RBI's 90th anniversary, the Finance Ministry said on
19.03.2024 that a unique commemorative coin with a denomination of Rs.90 would
be released. The RBI, or Reserve Bank of India is about to reach a historic
milestone as it celebrates its 90th year of founding and operation on April 1. The
Reserve Bank has established itself as a reliable organisation that is associated with
stability, confidence, and economic advancement during the course of its existence.
It has become a leader in promoting technological advancement and adoption in the
financial industry in recent years. At the top of its agenda has always been
prioritising financial inclusion and client centricity. The disciplined commitment of
the RBI to preserving a fine balance between financial stability, price stability, and
external economic stability has paid off handsomely, setting the nation up for future
rapid expansion. The RBI emblem will be centred on one side of the coin, with the
words RBI@90 printed beneath it. This coin will be 40 grams in weight and have a
99.99% purity of silver. The coin's face will have the Ashoka Pillar Lion Capital in
the middle, with the words "Satyamev Jayate" written beneath it in Devanagari
script.
To read the notification, click here

SC Stays Centre’s Notification on Fact-checking Unit

The Supreme Court has temporarily halted the implementation of the Centre's
notification regarding the Press Information Bureau’s Fact Checking Unit (FCU)
until the Bombay High Court makes a final decision on petitions challenging the
2023 amendments to the Information Technology Rules. The bench, led by Chief
Justice of India D.Y. Chandrachud, noted that the Centre had assured the High
Court that the FCU would not be notified until the petitions challenging the
relevant rules were decided.The Supreme Court refrained from expressing any
opinion on the merits of the case, as it is pending before the High Court. However,
it emphasised the importance of freedom of speech protected by Article 19 of the
Constitution and expressed concerns about the impact of the rules on this
fundamental right.
The Court stated that the challenges to the rules involved serious constitutional
questions and directed that the notification issued by the Union Government on
March 20, 2024, be stayed until the High Court's decision. The petitioners, including
Kunal Kamra and various media associations, have challenged the rules, arguing
that they are arbitrary, unconstitutional, and violate fundamental rights. The
Bombay High Court had previously delivered a split verdict on the matter, with one
judge striking down the amendment while another upheld it, leading to a referral to
a third judge. The Ministry of Electronics and Information Technology
promulgated the rules in 2023, amending the Information Technology Rules, 2021,
to establish the FCU and impose obligations on social media intermediaries to
remove content flagged by the FCU as fake or misleading.
Click Here to read in detail
Apex Court quashes case against journalist under Section 153 of IPC
The Supreme Court emphasised that for an offence under Section 153A of the
Indian Penal Code to be established, it is crucial to demonstrate that the accused's
spoken or written words caused animosity or disharmony between groups based on
religion, race, place of origin, residence, language, etc. Merely alleging such acts
without evidence of creating enmity or undermining harmony does not constitute
an offence under Section 153A IPC. This was stated by Justices BR Gavai and
Sandeep Mehta.
Justice BR Gavai made the aforementioned remark in a judgement regarding a
plea by Shiv Prasad Semwal, an operator of the Parvatjannews portal based in
Uttarakhand. Semwal challenged the High Court's decision not to dismiss the
pending criminal case against him under Section 153A IPC. The complainant, who
operates a foundation, intended to hold a foundation stone-laying ceremony for
'Matra Ashraya-A collection museum' on the disputed land, with the Chief
Minister of Uttar Pradesh slated to officiate.
The accusation against the Appellant was that he had published an article in the e-
newspaper 'Parvatjan', suggesting that the land intended for the foundation stone
laying ceremony was government property illegally occupied by the complainant.
Along with other charges, Section 153A IPC was invoked against the appellant,
alleging that his online post incited enmity and disharmony among the populace.
However, the court found the complainant's allegation unconvincing as the
fundamental elements necessary to establish the offence under Section 153A IPC
were absent from the accusations outlined in the FIR. The court observed that the
language used by the Appellant in his post solely targeted the complainant,
suggesting that his actions were detrimental to the hills. The court emphasised,
"These statements do not have any connection with any group or community."
Additionally, citing the precedent of Manzar Sayeed Khan v. State of Maharashtra
and Anr., the court underscored the requirement for the presence of two or more
groups or communities for Section 153A IPC to apply, whereas in this case, no
such groups or communities were mentioned in the news article.

click here to read the judgement

Cabinet approves IndiaAI Mission

With a budget outlay of ₹10,371.92 crore, the Union Cabinet approved the
comprehensive national-level IndiaAI mission on 07.03.2024. The mission aims to
create a comprehensive ecosystem that catalyses artificial intelligence (AI)
innovation through strategic partnerships and programmes across the public and
rivate sectors. “IndiaAI Mission will help India demonstrate to the world how this
transformative technology can be used for social good and enhance its global
competitiveness,” said Piyush Goyal, Minister of Commerce and Industry.
Under the mission, an India AI Innovation Centre (IAIC) would be established.
Being a distinguished academic organisation, the IAIC will guarantee efficient
implementation and the retention of outstanding research personnel. With the
Cabinet's approval of funding, IAIC will be able to lead the way in the creation and
implementation of fundamental models, focusing on native Large Multimodal
Models (LMMs) and domain-specific models that make the most use of edge and
distributed computing.
The financial outlay will fortify the India AI Startup Financing mechanism,
facilitating streamlined access to funding for budding AI startups and catalysing
their journey from product development to commercialisation. This initiative is also
conceptualised to mitigate the barriers to entry into AI programmes and will
increase AI courses in undergraduate, masters-level and PhD programmes. Further,
data and AI labs will be set-up in Tier-2 and Tier-3 cities across the country to
impart foundational-level courses.

SC directs the Centre to return to the Dictionary definition of “Forest”

In an interim order issued on February 19, 2024, the Supreme Court directed that
states and Union territories must adhere to the definition of 'forest' as established in
the TN Godavarman Thirumalpad v. Union of India judgement of 1996. This order
was issued while hearing a public interest litigation challenging the constitutionality
of the Forest (Conservation) Act, amended by the Union government in 2023. The
Court noted that the amended definition of 'forest' under the 2023 amendment
narrowed the expansive definition provided in the Godavarman judgement.
According to the amendment, land must either be notified or specifically recorded as
a forest in government records to qualify as a forest, whereas the Godavarman
judgement defined 'forest' based on its dictionary meaning. The Court ordered that
until the process of recording land as 'forests' in government records is completed,
the principles established in the Godavarman judgement must be followed. The
Court directed the Union government to issue a circular to all states and Union
territories regarding this order through the Ministry of Environment, Forest, and
Climate Change. Furthermore, the Court instructed the Union government to
provide a comprehensive record of land registered as 'forest' by expert committees
constituted by states and Union territories, based on guidelines from the
Godavarman judgement. States and Union Territories were directed to comply with
the directions by forwarding reports of expert committees by March 31, 2024 and
and these records were to be digitised and made available on the official website by
April 15, 2024. The Court addressed proposals for establishing zoos and safaris,
stipulating that such proposals would require prior approval from the Court if they
were in forest areas other than protected areas. The directions were issued following
concerns raised by petitioners about Section 5 of the Forest (Conservation)
Amendment Act, 2023, which exempts zoos and safaris from the definition of
'forests' within forest areas, excluding protected areas. Click Here to read in detail

SC seeks government response to petitions challenging CAA

In a pivotal legal development, the Supreme Court has deferred a decision on
immediately halting the implementation of the Citizenship (Amendment) Act (CAA)
Rules. Instead, the court has requested the government's comprehensive input in
response to multiple petitions contesting these rules. This significant development
unfolded during a session where a three-judge bench, presided over by Chief Justice
of India D Y Chandrachud, issued notices to the Centre regarding petitions
challenging the CAA. Solicitor General Tushar Mehta, sought four weeks to
respond to requests for a stay on the CAA Rules. However, this plea encountered
opposition from both the bench and the petitioners, citing concerns over the
potentially irreversible nature of citizenship grants during this interim period.
Despite these reservations, the bench has adjourned further proceedings until April
9, with specific instructions for the Centre to furnish its response by April 2,
followed by petitioner responses by April 8. Senior Advocates Indira Jaising and
Kapil Sibal, representing the petitioners, emphasized the need to suspend citizenship
grants until a final adjudication. They also pressed for a provision ensuring that any
citizenship grants made under the Rules are contingent upon the outcomes of the
pending petitions. However, the court refrained from issuing such directives at this
juncture. Mehta clarified the government's stance, highlighting that the CAA does
not entail the revocation of citizenship but rather prioritizes individuals who entered
before 2014 for potential citizenship consideration.
Despite fervent pleas from the petitioners, the court opted against an immediate halt
to the citizenship-granting process, citing concerns over the lack of requisite
administrative infrastructure. However, it did agree to the segregation of matters
concerning Assam and other Northeast states from other petitions for more focused
deliberation. The CAA, enacted by Parliament four years ago, extends citizenship
provisions to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan
who entered India before December 31, 2014. The recent notification of pertinent
rules by the Centre signifies a significant step towards the act's implementation,
amidst ongoing legal scrutiny and public debate. click to read more
INTERNATIONAL NEWS
India ranks 126th in the Global
Happiness Index
The 2024 World Happiness Report,
released recently, indicates some notable
shifts in global happiness rankings. While
the top 10 countries remained largely
unchanged since before the Covid-19
pandemic, the United States and
Germany experienced declines in their
rankings. Eastern European nations saw
rises in their positions. Finland retained
its top position for the seventh
consecutive year, followed by Denmark,
Iceland, Sweden, and Israel. Afghanistan
ranked as the least happy country,
followed by Congo, Sierra Leone,
Lesotho, and Lebanon. The United States
dropped from 16th to 23rd place, while
Canada ranked 15th, the UK 20th,
Germany 24th, and France 27th. In the
Middle East, the UAE ranked 22nd, and
Saudi Arabia 28th. Among Asian
nations, Singapore ranked 30th, Japan
50th, and South Korea 51st. India was
placed 126th, China 60th, Nepal 93rd,
Pakistan 108th, Myanmar 118th, Sri
Lanka 128th, and Bangladesh 129th. The
report noted that older age in India was
associated with higher life satisfaction but
with a gender gap, where older women
reported lower satisfaction than men.
Education and caste also played
significant roles. In terms of happiness
among young people (aged 30 and
below), Lithuania, Israel, Serbia, Iceland,
and Denmark ranked highest, with India
at 127th. For older individuals (aged 60
and above), Nordic nations like
Denmark, Finland, Norway, Sweden, and
Iceland ranked highest, with India at
121st. The report is based on six variables
including GDP per capita, healthy life
expectancy, social support, freedom to
make life choices, generosity, and absence
of corruption, supported by data from
Gallup polls.
Click Here to read in detail
Vladimir Putin wins Russian
Presidential Election with 87% votes
With a record of 87% of the votes,
Vladimir Putin won his fifth term as
President of Russia. Central Election
Commission Chief Ella Pamfilova stated
that Putin received nearly 76 million votes
which is the highest record number for
him. Putin, 71, will become Russia’s
longest serving leader in over 200 years
surpassing Joseph Stalin. Putin hailed the
outcome as an unequivocal sign of
Russia’s hope and trust in him.
Due to the suppression of public criticism
of Putin's leadership and the fact that the
majority of his opponents are either dead,
imprisoned, or living in exile, Putin's
victory was always certain. Alexei
Navalny, Putin's most formidable
political opponent, passed away in an
Arctic jail last month. Volodymyr
Zelenskyy, the president of Ukraine,
declared, “This election fraud has no
legitimacy and cannot have any”. The US
claimed that the vote was not fair or free.
But several of Russia's allies, such as
Cuba, Kim Jong Un of North Korea, the
presidents of Honduras, Nicaragua, and Therefore, it calls for a multi-sectoral
Venezuela, as well as Tajikistan and action across agriculture, social rotection,
Uzbekistan, sent their congratulations. and health for addressing undernutrition
and ensuring access to essential nutrition
Global Obesity Crisis: 1 Billion People interventions. In essence, the research
Affected, WHO Study Warns emphasises the need for a concerted effort
to combat both obesity and
A new report released by the Lancet in
undernutrition, fostering a healthier world
collaboration with WHO reveals a
for all
concerning rise in global obesity rates,
with over 1 billion people now classified
as obese. This startling number represents
a doubling among adults and a
quadrupling among children (5 to19 years
of age) since 1990. The study sheds light
upon the spectrum of malnutrition,
encompassing vitamin deficiencies,
overweight, and obesity. Undernutrition
is a significant contributor to child
mortality, whilst obesity increases the risk
of chronic diseases. Hence, WHO
emphasises the importance of early
intervention through healthy diets and
physical activity across all life stages.
Governments and communities are urged
to implement evidence-based policies,
including holding the private sector
accountable for the health impacts of
their products. Existing interventions, like
the WHO Acceleration Plan to Stop
Obesity, provides a blueprint for change.
Key strategies include promoting healthy
practices from birth, regulating the
marketing of unhealthy foods to children,
implementing healthy school food
policies, and integrating obesity
prevention and management into
healthcare systems. Nevertheless, the
report also acknowledges challenges in
creating affordable access to healthy diets
and promoting physical activity for all.
 OBITUARY
Fali S. Nariman : A Titan of Indian Law Departs

India's legal landscape mourns the

passing of Fali S. Nariman, a colossus
in the courtroom and a champion of
civil liberties. Nariman, who died
peacefully at 95, leaves behind a rich
legacy of landmark cases that shaped
modern India. Nariman's legal prowess
was legendary. His booming voice,
sharp mind, and captivating
storytelling made him a courtroom
star.Beyond his courtroom victories,
Nariman was a staunch defender of
fundamental rights and a tireless
advocate for a strong, independent
judiciary. He fiercely argued for
freedom of expression, secularism, and
the rights of the marginalised.
His influence extended beyond the
courtroom. Nariman's sharp intellect
and wit found expression in his
bestselling autobiography, "Before
10.01.1929 - 21.02.2024 Memory Fades." He remained active
until his final days, a testament to his
enduring commitment to the law and
public life.
Fali Nariman was more than a legal
mind; he was a true humanist. His
dedication to justice and the rule of law
will continue to inspire generations of
lawyers and citizens alike.
ABOUT THE LEGAL AID CLINIC

The Legal Aid Clinic, driven by a commitment to uphold 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

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Legal Aid Clinic, TNDALU