Notifications & Circulars

Press Information Bureau

04.07.2018

Civil

Ministry of Women and Child Development issues one more Look-out-Circular regarding NRI Matrimonial disputes

MANU/PIBU/1011/2018

The Integrated Nodal Agency (INA), in its meeting held today under the chairpersonship of WCD Secretary, decided to issue one more Look-out-Circular(LoC). The Ministry has already issued 6 LoCs since April this year after examining the complaints received regarding NRI matrimonial disputes. The INA meets regularly to discuss issues related to NRI matrimonial disputes and chart the way forward. In criminal matters involving NRI's, LoC could be issued by the INA in cognizable offences, when the overseas husband is deliberately evading arrest or not appearing in the trial court despite Non Bailable Warrants and other coercive measures or there is a likelihood that he will leave the country to evade trial or arrest. The LoC will be issued after having the case scrutinised by NCW.

Tags : Circular Issuance NRI Matrimonial disputes

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Press Information Bureau

04.07.2018

Intellectual Property Rights

Cabinet approves accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996

MANU/PIBU/1013/2018

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment. The approval is a step towards the objective laid in the National Intellectual Property Rights (IPR) Policy adopted by the Government on 12th May 2016 which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

Benefits:

Meeting the demand of the copyright industries, these treaties will help India:

To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;

To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;

To instil confidence and distribute creative works in digital environment with return on investment; and

To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

Background:

Copyright Act, 1957:

After the administration of Copyright Act 1957 was transferred to DIPP in March 2016, a study was initiated to examine compatibility of Copyright Act 1957 with WCT and WPPT. Also a joint study was undertaken with WIPO.

The Copyright Act, 1957 was amended in 2012 to bring it in conformity, with WCT and WPPT, includes amendment in definition of "Communication to the public" to make it applicable to digital environment (Section 2(ff)) as also introduced provisions related to Technological • Protection Measures (Section 65A) & Rights Management Information (Section 65B); Moral rights of performers (Section 38B); Exclusive rights of the performers (Section 38A); safe harbour provisions over electronic medium (Section 52 (1) (b) and (c)),

WIPO Copyright Treaty came in force on March 6, 2002 and has been adopted by 96 contracting parties till date and is A Special agreement under Berne Convention (for protection of literary and artistic works). It has provisions to extend the protection of copyrights contained therein to the digital environment. Further it recognises the rights specific to digital environment, of making work available, to address "on-demand" and other interactive modes of access,

WIPO Performances and Phonograms Treaty came in force on May 20, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment - (i) Performers (actors, singers, musicians etc.) (ii) Producers of Phonograms (Sound recordings). The treaty empowers right owners in their negotiations with new digital platforms and distributors. It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.

Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI).

Tags : Accession WIPO Copyright Treaty Approval

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Press Information Bureau

04.07.2018

Civil

Cabinet approves MoU between India and United Kingdom on cooperation in the sphere of Law and Justice and establishing a Joint Consultative Committee

MANU/PIBU/1014/2018

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved signing of a Memorandum of Understanding (MoU) between India and United Kingdom regarding cooperation between both countries in the sphere of Law & Justice and to set up a Joint Consultative Committee. The MoU takes care of concerns and requirements in the field of exchange of experience by legal professionals, government functionaries and their training and effective legal aid mechanism for resolution of disputes before various Courts, Tribunals, etc. and proposes establishment of Joint Consultative Committees.

Tags : MOU Approval Law and Justice

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Press Information Bureau

03.07.2018

Civil

WhatsApp warned for abuse of their platform

MANU/PIBU/1007/2018

Instances of lynching of innocent people have been noticed recently because of large number of irresponsible and explosive messages filled with rumours and provocation are being circulated on WhatsApp. The unfortunate killing in many states such as Assam, Maharashtra, Karnataka, Tripura and west Bengals are deeply painful and regretable.

While the Law and order machinery is taking steps to apprehend the culprits, the abuse of platform like WhatsApp for repeated circulation of such provocative content are equally a matter of deep concern. The Ministry of Electronics and Information Technology has taken serious note of these irresponsible messages and their circulation in such platforms. Deep disapproval of such developments has been conveyed to the senior management of the WhatsApp and they have been advised that necessary remedial measures should be taken to prevent proliferation of these fake and at times motivated/sensational messages. The Government has also directed that spread of such messages should be immediately contained through the application of appropriate technology. It has also been pointed out that such platform cannot evade accountability and responsibility specially when good technological inventions are abused by some miscreants who resort to provocative messages which lead to spread of violence. The Government has also conveyed in no uncertain terms that WhatsApp must take immediate action to end this menace and ensure that their platform is not used for such malafide activities.

Tags : WhatsApp warning Abuse Platform

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Press Information Bureau

03.07.2018

Civil

Agreement signed on repatriation of Bru persons to Mizoram

MANU/PIBU/1008/2018

In a major breakthrough on repatriation of displaced Bru persons from Mizoram since 1997, an agreement has been signed by Government of India, Governments of Mizoram and Tripura and Mizoram Bru Displaced People's Forum (MBDPF) here today in presence of Union Home Minister Shri Rajnath Singh, Chief Minister of Mizoram Shri Lalthanhawla, and Chief Minister of Tripura Shri Biplab Kumar Deb.

5,407 families comprising of 32,876 persons presently in temporary camps in Tripura will repatriate to Mizoram before 30th Sept., 2018. The agreement was signed by Smt. Rina Mitra, Special Secretary (Internal Security), MHA, Shri Sanjeev Ranjan, Chief Secretary, Govt. of Tripura, Shri Lalnunmawia Chuaungo, Principal Secretary, Govt. of Mizoram and Shri A. Sawibunga, President, MBDPF.

Government of India will provide financial assistance for rehabilitation of Brus in Mizoram and address their issues of security, education, livelihood etc. in consultation with Governments of Mizoram and Tripura. A Committee under Special Secretary (Internal Security) will coordinate the implementation of this agreement.

Tags : Agreement Signing of Repatriation Bru persons

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Press Information Bureau

03.07.2018

Election

Election Commission of India launches Mobile App "cVIGIL" to enable citizens to report on violation of election code of conduct

MANU/PIBU/1009/2018

The Chief Election Commissioner Shri. O.P. Rawat, along with the Election Commissioners Shri Sunil Arora and Shri Ashok Lavasa launched a mobile app, called 'Cvigil,' on July 3, 2018, for citizens to report any violation of the model code of conduct during elections.

Chief Election Commissioner Sh. O.P. Rawat along with Election Commissioners Shri Sunil Arora and Shri Ashok Lavasa launched the cVIGIL App. Senior Deputy Election Commissioner Shri Umesh Sinha and Deputy Election Commissioner Shri Sandeep Saxena were also present.

"cVIGIL" is a user-friendly and easy to operate Android application. It will be operational only where elections are announced. However, the beta version of the app will be made available for the public and election staff to download so that they can acquaint themselves with its features and also try sending dummy data. Upon successful completion of the trial that is underway, the application will be made available for general use by all, right from the forthcoming Assembly elections in the States of Chhattisgarh, Madhya Pradesh, Mizoram and Rajasthan. The practical use of the app during the four-state Assembly polls will also serve as a pilot initiative before it is put to extensive use during the next Lok Sabha General Elections.

The app requires an Android smartphone equipped with a camera, good internet connection and GPS access. The operating system should be Android Jellybean and above. The application supports all the latest Android smartphones.

"cVIGIL" will allow anyone in the election-bound state to report violations of Model Code of Conduct (MCC) that comes into effect from the date of announcement of elections and goes on till a day after the polls. By using this app, citizens can immediately report on incidents of misconduct within minutes of having witnessed them and without having to rush to the office of the returning officer to lodge a complaint.

The vigilant citizen has to click a picture or record a video of upto two minutes' duration of the scene of violations of the model code. The photo or video is to be uploaded on the app. The automated location mapping will be done by the app using the Geographic Information System. After its successful submission through the app, the vigilant citizen gets a Unique ID to track and receive the follow up updates on her or his mobile. A citizen can report many incidents in this manner and will get a unique id for each report for follow up updates. The identity of the complainant will be kept confidential.

Once the complaint is lodged, the information beeps in the District Control Room from where it is assigned to a Field Unit. A field unit consists of Flying Squads, Static Surveillance Teams, Reserve teams etc. Each Field Unit will have a GIS-based mobile application called 'cVIGIL Dispatcher', which allows the unit to directly reach the location through navigation technology and take action.

After a Field Unit has taken action, it messages and uploads the relevant document as 'action taken report' via the 'cVIGIL Dispatcher' to the returning officer concerned for his decision and disposal. If the incident is found correct, the information is sent to the National Grievance Portal of the Election Commission of India for further action and the vigilant citizen is informed about the action taken within a hundred minutes.

The app has inbuilt features to prevent its misuse. It will receive complaints only about Model Code of Conduct violations. The user will get 5 minutes to report an incident after having clicked a picture or a video. To prevent any misuse, the app will not allow uploading of the pre-recorded or old images and videos. The app will not facilitate saving of the photos or videos recorded using the 'cVIGIL' app into the phone gallery either. Further, the application will be active only in States where elections have been announced. The moment a citizen exits an election-bound State, the app will become inactive.

So far, the complaints about violations of Model Code of Conduct often could not be followed instantly, leading to the violators escaping detection from the action squads. Also, the lack of any documented evidence in the form of pictures or videos was seen as a hurdle in verifying a complaint. Further, the absence of a robust response system to quickly and accurately identify the scene of occurrence of violations with the help of geographical location details hampered election officers' ability to apprehend the violators. The new app is expected to fill in all these gaps and create a fast-track complaint reception and redressal system.

Tags : "cVIGIL" Mobile App Launch

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Telecom Regulatory Authority of India

03.07.2018

Media and Communication

Press Note on TRAI's Regulatory framework for Broadcasting and Cable TV sector

MANU/TRAI/0076/2018

The Telecom Regulatory Authority of India (TRAI) on 3rd March 2017, notified a regulatory framework for broadcasting and cable TV service provided through addressable systems, which include the Direct to Home (DTH) Systems, Cable TV Systems provided through Digital Addressable Systems (DAS), Head-end In The Sky (HITS) and Internet Protocol TV (IPTV). The regulatory framework comprises of the following:-

(a) The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 dated 3rd March 2017, as amended on 30th March 2017 [the Tariff Order 2017];

(b) The Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 dated 3rd March 2017 [the Interconnection Regulation 2017];

(c) The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 dated 3rd March 2017 [the QoS Regulation 2017].

2. It is pertinent to mention that the draft/notified Interconnection Regulations and the Tariff Order were the subject matter of a challenge in two writ petitions [W.P. Nos. 44126 and 44127 of 2016] in the High Court of Judicature at Madras. The Hon'ble Supreme Court in SLP No. 14336 of 2017 vide its order dated 8th May 2017, inter alia, observed as under:

'the High Court of Madras to hear out the matters in question on day to day basis and to conclude the same and deliver the judgement, if possible within a period of one month. Status quo order already passed by the High Court on 23rd December 2016 shall continue to operate till the matter is finally disposed of

3. Apropos to the Hon'ble Supreme Court orders, the implementation of the Interconnection Regulation 2017 and the Tariff Order 2017 was kept suspended since 8th May 2017. Implementation of the QoS Regulation 2017 was also deferred because of its natural linkage with the provisions of the Interconnection Regulation 2017 and the Tariff Order 2017.

4. In the meantime, the Interconnection Regulation 2017, the QoS Regulation 2017 and the Tariff Order 2017 were challenged before Hon'ble Delhi High Court by some other stakeholders through writ petitions WP (C ) Nos. 4091/ 2017, 4135/ 2017, 6915/2017 and 7017/ 2017. The Hon'ble High Court of Delhi in its common order dated 29th August 2017, directed as under:

' upon pronouncement of the judgement by the High Court of Madras, the respondents shall inform the petitioners of the outcome in the judgement and shall inform this court as well before effectuating the orders.'

5. The Division Bench of the Hon'ble Madras High Court, vide its order dated 2nd March 2018, took divergent views and a reference was made to the third Hon'ble Judge.

6. The W.P. Nos. 44126 and 44127 of 2016 were heard by the third Hon'ble Judge of the Hon'ble High Court of Madras, which culminated in its judgement order dated 23rd May 2018. The Hon'ble High Court of Madras, in general, upheld the validity of The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and The Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017.

7. In compliance to the direction of the Hon'ble High Court of Delhi, in its order dated 29th August 2017, the Authority has duly filed an affidavit to this effect on 3rd July 2018 before the Hon'ble Court.

8. Having complied with the judicial mandates in the matter, the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and the Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017 as upheld by the Hon'ble Madras High Court and the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 come into effect from 3rd July 2018.

9. Accordingly, all the timelines prescribed in the Interconnection Regulation 2017, the QoS Regulation 2017 and the Tariff Order 2017 would commence from 3rd July 2018. All the service providers are required to comply with all the provisions of the regulations and tariff order afresh. Some of the important activities and timelines are as under:

I. The Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017: Declaration of MRP and nature of Channels by Broadcasters within 60 days; Declaration of Network Capacity fee and Distribution Retail Price (DRP) by Distributors (DPO) within 180 days; Reporting by Broadcasters within 120 days;

II. The Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017: Publication of Reference Interconnect Offer (RIO) by Broadcasters within 60 days; Publication of Reference Interconnect Offer (RIO) by Distributors within 60 days; Signing of the interconnection agreements within 150 days;

III. The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017: Migration of the subscribers to the new framework within 180 days; Establishment of Customer Care Centre, Website, Consumer Care Channel and Publication of Manual of Practice within 120 days.

10. The Authority is of the view that implementation of the new regulatory framework will bring in transparency, enable provisioning of affordable broadcasting and cable TV services for the consumer and at the same time, would lead to an orderly growth of the sector.

11. The Regulations and Tariff Orders are available on TRAI website.

Tags : TRAI's Regulatory framework Press Note

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