October 28, 2021

Q&A: Rodney Butler, chairman, Mashantucket Pequot Tribal Nation

first_img24th October 2018 | By Stephen Carter Regions: US Subscribe to the iGaming newsletter AddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwitter Ahead of his appearance at ICE Sports Betting USA, tribal chairman and interim CEO of Foxwoods Resort Casino Rodney Butler provides his perspective on at the US sports betting and igaming landscape post PASPAiGaming Business North America: To what extent was Foxwoods prepared for the news of PASPA’s repeal? Rodney Butler: We had been closely following the development of New Jersey’s sports betting case for years, in addition to serving as members of the AGA’s Sports Betting Task Force. After the oral arguments in the US Supreme Court for the PASPA case occurred in December 2017, we had a strong feeling that PASPA was trending towards a full repeal. In preparation, we ramped up our internal education on sports betting, and in Q1 2018 we began the process to select a sports betting partner that will lead us and the entire sports-fanatical north east region of the US into this new and exciting business. What impact would the leagues’ insistence on integrity fees have on your business model with regards to sports betting? The proposed royalty fee by the leagues has no place in legislation. Sports betting has been operated effectively in Nevada without royalty fees, and to date no state has passed legislation with royalty fees for the leagues.Simply put, these fees will affect an operator’s ability to price sports markets competitively and affect their ability to compete with the massive, unregulated black market – which contains groups that don’t pay integrity fees, taxes, or have any real consumer protections in place.A royalty fee will drive the already slim sports betting margins even lower and will offer little incentive for licensed operators to invest in product and marketing, which in turn will adversely affect a trusted, regulated operator’s ability to recapture the prolific black market.In turn, this negatively influences the revenue opportunity for both the operator and the jurisdiction that derives revenue from the operator’s activity. It flies in the face of social responsibility.I don’t think there is an operator that would be averse to working with the sports leagues on something that makes sense commercially, but from a business and public policy perspective, the royalty fees don’t make sense to include in law.In reality, a market structure without integrity fees will likely be better for the leagues, which stand to profit handsomely through their existing revenue streams from a stronger, growing fan base. Should the tribes’ exclusivity agreement in Connecticut prohibit Connecticut Lottery from providing sports betting? In the case of sports betting in the USA, we believe brand trust is extremely important. We are not creating a new sports betting market, but rather we are working to recapture a large, pre-existing black market from mature, offshore unregulated operators and underground bookies.Foxwoods Resort Casino has been a trusted gaming operator for 26 years. We think it is important for strong gaming brands to serve both existing and new demand for sports wagering in a transparent, high-reputation environment. Will you be able to offer sports betting under the existing compact with the state or are there revisions that need to be made? If so, what would they be? We would work through our existing exclusivity agreement with the state, and depending on negotiations, we would collectively determine whether or not we needed any revisions. What is the appetite for sports betting in Indian Country? In general, we have been excited about the prospects for sports betting so long as tribes are treated equally and maintain some level of regulatory authority over betting. The National Indian Gaming Association has put forward a resolution supporting such and we want to be an active part of any sports betting dialogue be it at the state or national level.What is the tribe’s current stance on how sports betting should be regulated, and how does it differ from other tribes with a significant presence in other states? We support a common sense market structure that fits the business we aim to operate. Over the last two decades, the tribes in Connecticut have employed many thousands of people and funnelled over $8bn to Connecticut’s general fund, so it would be fair to say that we strongly support the constituents of Connecticut and the public policy initiatives that affect everybody living in our great state.Nevada is a fine example of how a state can structure sports betting regulations, while Pennsylvania has created what appears to be an arbitrary market structure that will do little to support the recapturing of the black market, and hinder the regulated market’s growth and sustainability.We believe that a lower effective tax rate and pragmatic regulation for sports wagering will create a strong market structure that will drive higher volume for the operators and the state.It will also allow us a better chance of eliminating the black market. I think it’s fair to say that anybody that has become educated about the economics of sports betting likely holds a similar view. What role do you believe mobile and online gaming to have and what work are you doing to prepare for its introduction should it happen? I saw a great headline recently that read, “If sports betting makes sense, online gaming makes dollars.” We agree. New Jersey is a great example of how online gaming can both drive new revenues and also produce incremental benefit to retail casinos.We support the legalization and regulation of online and retail sports betting, along with online casino gaming, to augment our guest experience, create new jobs and adapt with the ever-changing times.To this end, we have selected a partner to help us enter the online gaming market and are actively lobbying the state of Connecticut to legalize the activity. Casino & games Topics: Casino & games Legal & compliance Sports betting Tribal gaming Tags: Online Gambling Tribal chairman and interim CEO of Foxwoods Resort Casino on the US wagering and igaming landscape post PASPA Q&A: Rodney Butler, chairman, Mashantucket Pequot Tribal Nation Email Addresslast_img read more

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The Clubhouse Podcast: The first round of the Six Nations

first_imgLATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALSSkip AdAds by Scotland are also on the agenda after their narrow 15-8 loss to France. We talk to Stuart Hogg about his fine, attacking game and we look at what their style of play could spell for the rest of the tournament. France? Well the editor considers their eating habits…And for good measure we offer up some predictions for the next round of the Six Nations, because even though we were pretty awful at predicting the last round we shouldn’t be discouraged from being wrong twice! The second ever Clubhouse Podcast is here and it’s looking back through the first week of the Six Nations and all of the drama and incident.We talk through the opener at the Millennium Stadium, as England defeated Wales 21-16. Yeah, that means all the incidents, from the fracas in the tunnel before the anthems, the play itself as the English upped the pace in the second half and the aftermath of the George North knocks. We also talk to Anthony Watson about theirWe move on to Ireland and their 26-3 win over Italy. It wasn’t pretty but we assess what can be learned from their performance and what changes must come in. As for Italy, well, at least their hefty fly-half has us talking…last_img read more

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Competition aims to get UK schools involved in Giving Nation

first_img  27 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Tagged with: Community fundraising Giving/Philanthropy Volunteering AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Schools across the UK are being urged to get involved in the Giving Nation campaign and win £1000 and an overseas trip.Giving Nation, the drive to encourage young people to do more for charity, is urging all UK secondary schools to participate in the first ever G-Week by offering 12 awards of £1,000. In addition, one overall winning school will get the chance to send a group of pupils on an all-expenses paid overseas trip to see a British Red Cross charity project in action.Andy Thornton, Giving Nation’s Campaign Manager said; “Most secondary schools already undertake charitable activity throughout the year. Whether it’s taking part in Comic Relief or a sponsored walk for a local community project they are doing a lot. We’ve created a nationwide celebration of that – it’s a simple idea where schools take stock of the year’s achievements,show appreciation of their pupils’ actions and blow their own trumpet a bit. Simply by telling Giving Nation of their activities there’s a great deal to be gained!” Advertisementcenter_img Howard Lake | 16 April 2003 | News Giving Week, or ‘G-Week’, takes place from 23rd to 27th June when hundreds of schools across the UK will reflect on the value and impact of their past year’s charity-related work and/or participate in charitable activities. Giving Nation has devised a free resource pack and CD-ROM to help teachers bring citizenship alive in their classrooms and to help them to meet citizenship targets through charitable debate and activity, bothwithin and beyond the classroom. The closing date for School Award entries is 18th July 2003. Competition aims to get UK schools involved in Giving Nationlast_img read more

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International community asked to press Kurdistan authorities to end abuses against demonstrators, journalists

first_img RSF_en News Iraq : Wave of arrests of journalists covering protests in Iraqi Kurdistan Reporters Without Borders is deeply shocked by a spate of arbitrary arrests in Iraqi Kurdistan as it prepares to celebrate the 113th anniversary of the creation of the first Kurdish news media tomorrow. Media freedom and security, which seemed better in Kurdistan than in neighbouring regions during the darkest years of the war in Iraq, have worsened a great deal in the past two months. We urge the international community to press the Kurdistan Regional Government to stop violating the rights of demonstrators and journalists. In one of the most disturbing latest developments, the Sulaymaniyah headquarters of Payam TV, a satellite television station operated by the Kurdistan Islamic Group, has been surrounded since 19 April by the security forces of the Patriotic Union of Kurdistan (PUK), one of the two main parties that form the government in Kurdistan.The head of Payam TV, Farouq Ali, said at a news conference that gunmen had established a security cordon at a distance of 300 metres from the building that houses the station. “A group of citizens and civil society activists have decided to gather around the station’s offices to form a sort of human shield to prevent the situation degenerating,” he said.He added that he feared something similar to the arson attack that was carried out last February on the headquarters of Naliya Radio and Television (NRT) in Sulaymaniyah to prevent it from continuing to cover demonstrations in the city (http://en.rsf.org/irak-criminal-raid-prevents-kurdistan-s-22-02-2011,39596.html).Many journalists have meanwhile been attacked and in some cases briefly detained in the past few days.Jabar Aziz, the newspaper Hawlati’s correspondent in Raniya, told Reporters Without Borders yesterday: “I was about to take a photo of the gunmen who were everywhere in the market in Raniya when they opened fire in my direction. I was lucky and managed to escape.” Kaywan Hawrami, a reporter for the Lvinpress.com news website, was briefly detained by security forces in the Hallabja district. Rebin Hardi, an influential columnist and intellectual, was briefly detained in Sulaymaniyah on 19 April while on his way to a sit-in outside the city’s law-courts to protest against the use of violence by the security forces against demonstrators. Forced to get into a bus, he was driven to an unidentified location and hit very hard in the face, hands and legs.Hiwa Jamal and Sirwan Rashid, two members of the staff of the weekly Rojnama, were arrested on 19 April and were held overnight in a military prison. Bestun Muhammad of Sbeiy.com, Hunar Jamal of KNN, Mohammad Satar of Lvinpress.com, Soran Ahmed of Hawlati and Kawa Garmiyani of Awene were all arrested and beaten. Garmiyani’s leg was broken.Sardasht Othman of Awene was also arrested and an attempt was made to arrest freelance journalist Soran Omer, but he was not at home. February 15, 2021 Find out more IraqMiddle East – North Africa Organisation to go further Follow the news on Iraq Help by sharing this information Newscenter_img IraqMiddle East – North Africa Three jailed reporters charged with “undermining national security” Receive email alerts News RSF’s 2020 Round-up: 50 journalists killed, two-thirds in countries “at peace” December 28, 2020 Find out more News April 21, 2011 – Updated on January 20, 2016 International community asked to press Kurdistan authorities to end abuses against demonstrators, journalists December 16, 2020 Find out morelast_img read more

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Malaysian cartoonist Zunar facing possible sedition charge again

first_img Zunar is facing a possible three-year jail term as a result of complaint brought against him on 25 January by an ally of the prime minister of the northwestern state of Kedah. It was prompted by a cartoon published on Zunar’s Twitter account that morning criticizing the prime minister’s decision to cancel this year’s celebration of Thaipusam, a Hindu religious festival that the Tamil community normally observes on 28 January. Record fine for Malaysian news site over readers’ comments RSF denounces Malaysia’s harassment of Al Jazeera journalists March 17, 2021 Find out more MalaysiaAsia – Pacific Condemning abusesOnline freedoms InternetFreedom of expressionJudicial harassment The cartoonist Zunar at his office in Kuala Lumpur and his cartoon showing the Prime minister of Kedah (images : AFP – RSF). Zulkiflee Anwar Alhaque, the famous Malaysian cartoonist better known as Zunar, is again facing the possibility of prosecution over a cartoon criticizing a politician. Reporters Without Borders (RSF) urges the police to ignore the latest complaint against Zunar and calls on the autorities to stop using Malaysia’s sedition law to silence those who criticize the authorities. News RSF_en News The complaint accuses Zunar of violating the sedition law, which penalizes “a tendency to bring into hatred or contempt or to excite disaffection against any ruler or against any government.” When reached by RSF, Zunar said he feared getting a call or visit from the police at any time. January 29, 2021 – Updated on February 2, 2021 Malaysian cartoonist Zunar facing possible sedition charge again News Symbol February 22, 2021 Find out more Receive email alerts The president of the youth wing of the Malaysian Islamic Party, which support’s the state’s prime minster, initiated the defamation proceedings against Zunar with the aim, he said, “of giving a lesson to all those who think everything can be arbitrarily politicized.” Zunar, who was awarded the Cartooning for Peace Prize in 2016, has become a symbol of press freedom in Malaysia. The authorities have repeatedly used the sedition law against him, resulting in his imprisonment in 2010 and 2015. He was arrested again under the sedition law in 2016 because of cartoons about government corruption. During a sale of his books a few days later, the police arrested him yet again and confiscated material worth more than 20,000 dollars. Organisation Help by sharing this information The cartoon shows the prime minister slamming a cleaver (bearing the words “No Thaipusam”) down on a table around which representatives of Malaysia’s various ethnic groups had been seated. A caption above them says: “Kedah’s inhabitants lived in peace until he came.” Malaysia is ranked 101st out of 180 countries in RSF’s 2020 World Press Freedom Index, 22 places higher than in 2019, but could fall again as a result of the more draconian policies now being pursued by the authorities. MalaysiaAsia – Pacific Condemning abusesOnline freedoms InternetFreedom of expressionJudicial harassment News Follow the news on Malaysia New Malaysian ordinance threatens very concept of truth to go further “It is unacceptable for a cartoonist to be prosecuted over nothing more than a cartoon that annoyed someone,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “The right to criticize is the very essence of cartoons. We urge the police to ignore this absurd complaint against Zunar. Malaysia’s leaders must stop abusing the sedition law to suppress freedom of expression.” August 7, 2020 Find out morelast_img read more

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President enacts law decriminalising press offences

first_imgNews April 13, 2007 – Updated on January 20, 2016 President enacts law decriminalising press offences NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say MexicoAmericas Reporter murdered in northwestern Mexico’s Sonora state May 5, 2021 Find out more April 28, 2021 Find out more President Felipe Calderón yesterday signed into law the decriminalisation of “defamation”, “insults” and “calumny” by the media and journalists convicted of such offences will now only pay damages instead of being given prison sentences. The law was passed by the federal chamber of deputies on 18 March last year and by the senate on 6 April this year. “Mexico is the seventh country in the Americas (after Honduras, Costa Rica, Peru, Argentina, Paraguay and Guatemala) to take this step and we hope it will inspire others to do the same,” said Reporters without Borders. Three of Mexico’s 32 states have so far amended their criminal code in line with the new federal law. “The measure must be complied with at all levels in the country,” the press freedom organisation said. ————————8.03.07 – States urged to bring laws into line after federal parliament decriminalizes press offences Reporters Without Borders today hailed the decriminalization of “defamation” and “insult” that was passed by the federal senate on 6 March and was already approved by the chamber of deputies on 18 April of last year. However, these offences are still crimes in most Mexican states, which should now conform to the federal legislation, the organisation said.“This legislation makes Mexico the seventh Latin American country to decriminalize press offences,” Reporters Without Borders said. “It is a significant gesture even if the risks Mexico’s journalists face have little to do with the courts. We hope the government will lose no time in promulgating the new legislation. It now falls to the state assemblies to decriminalize press offences as required by the primacy of federal over local law.”When it unanimously approved the decriminalization of “defamation” and “insult,” the federal senate said it fell to “civil court judges to decide if persons, journalists and communicators act within or outside the law when they disseminate information or opinions, by eliminating the possibility of a prison sentence of any abuse of freedom of expression.”These “abuses” will henceforth be punished by fines or the award of damages. “Under no circumstances” are the negative opinions of literary, artistic, historical, scientific or professional critics to be considered “attacks on the honour” of a person or institution as long as there is no “intention to offend,” the senate decided.In a vote nearly one year ago (see release of 20 April 2006), the federal chamber of deputies adopted a resolution abolishing “prison sentences for those who abuse the freedom of expression, leaving open the possibility for parties to go through the civil courts to sue for the reparation of any moral damage inflicted.”Six Latin American countries have already decriminalized press offences: Honduras, Costa Rica, Peru, Argentina, Paraguay and Guatemala. After Argentina, Mexico is the second country with a federal system to do it. So far, three of Mexico’s states have amended their criminal law in line with the new federal legislation: Baja California, Jalisco and the Mexico City Federal District.For the time being, the maximum sentences for defamation continue to be:- one year in prison in the states of Guanajuato and Morelos- two years in prison in the states of Campeche, Chihuahua, Hidalgo, Nayarit, Querétaro, Quintana Roo, San Luis Potosí, Sinaloa, Sonora, Tamaulipas, Tlaxcala, Yucatán and Zacatecas- three years in prison in the states of Aguascalientes, Coahuila, Colima, Durango, Guerrero (except for a state official in the exercise of his duties), México, Michoacán, Nuevo León and Tabasco- four years in prison in the states of Baja California Sur, Puebla and Veracruz- five years in prison in the state of Oaxaca- nine years in prison and the equivalent of nine times the minimum wage in the state of Chiapas.Last April, the federal chamber of deputies also approved another resolution, one already passed by the senate, guaranteeing certain professions including journalists the right to professional confidentiality. At the moment when the senate approved the decriminalization of press offences, the lower house unanimously passed a proposed constitutional amendment on the fundamental right of access to public information at the federal, state and local level. Sen. Carlos Sotelo García of the left-wing Democratic Revolutionary Party (PRD) immediately submitted a bill to the senate that would add professional secrecy, the right of journalists to resign on an issue of conscience, the right of access to public information and the decriminalization of press offences to the federal constitution. to go further Follow the news on Mexico Reports 2011-2020: A study of journalist murders in Latin America confirms the importance of strengthening protection policies News Organisation MexicoAmericas News Help by sharing this information Receive email alerts RSF_en Reporters Without Borders hails the decriminalization of “defamation” and “insult” that was adopted by the federal senate on 6 March, although so far only three of Mexico’s 32 states have criminal laws that are in line with the new federal legislation. Mexico is the seventh Latin American country to decriminalize press offences. May 13, 2021 Find out morelast_img read more

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Minister chairs UL hate crime discussion

first_imgTwitter Print Predictions on the future of learning discussed at Limerick Lifelong Learning Festival WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Previous articleWater revolt gathers steam in LimerickNext article‘Common sense’ proposal aimed at averting property tax increase John Keoghhttp://www.limerickpost.ie Email WhatsApp Linkedin NewsMinister chairs UL hate crime discussionBy John Keogh – October 30, 2014 723 Facebookcenter_img RELATED ARTICLESMORE FROM AUTHOR Vanishing Ireland podcast documenting interviews with people over 70’s, looking for volunteers to share their stories Advertisement Limerick’s National Camogie League double header to be streamed live Minister Aodhán Ó RiordánMinister Aodhán Ó RiordáinMINISTER of State for New Communities, Culture and Equality, Aodhán Ó Riordáin, this week chaired a discussion on hate crime legislation hosted by the University of Limerick.The meeting, held on Wednesday, October 29 coincided with the establishment of a new research project conducted by the Hate and Hostility Research Group (HHRG) at the university.Sign up for the weekly Limerick Post newsletter Sign Up The outcome of the research, funded by the Irish Council for Civil Liberties (ICCL), will inform new hate crime laws in Ireland.Jennifer Schweppe of the HHRG said: “The introduction of hate crime legislation is now an imperative in Ireland, with a need for change both in the substantive criminal law, and also a need to update the Prohibition of Incitement to Hatred Act 1989.“Before tabling legislation, however, we need to be sure that it is fit for purpose and suitable in an Irish context. The ICCL has commissioned a major study by the Hate and Hostility Research Group at the University of Limerick into the requirements for legislative reform of Ireland’s existing laws on hate crime. The research will include recommendations for a robust and workable framework for law reform in this area.”Participants at the meeting discussed options for legislative reform, outlining their concerns and their experiences of supporting victims of hate crime.Members of the HHRG, the ICCL and a number of non-governmental organisations including Limerick-based Doras Luimní, Pavée Point and the Gay and Lesbian Equality Network also met with Minister Ó Riordáin to discuss the necessity of new hate crime legislation. TAGSHate CrimeIrish Council for Civil LibertiesJennifer SchweppelimerickMinister Aodhán Ó RiordánThe University of Limerick Limerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” Limerick Ladies National Football League opener to be streamed livelast_img read more

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DAILY OIL PRICE: May 15

first_img Congressman Mike Conaway talks to the Odessa American on Jan. 7, 2018. Home Local News Business DAILY OIL PRICE: May 15 Local NewsBusiness DAILY OIL PRICE: May 15 Crude Oil: 71.31 (+.35)Nymex MTD AVG: 69.9620.Natural Gas: 2.836 (-.006).Gasoline: 2.2048 (+0.0046).Spreads: June/July (+.06) July/Aug. (+.22).Plains WTI Posting: 68.00 (+.75). WhatsApp WhatsApp Facebook Previous articleOPD charges man with assaulting officer, resisting arrestNext articleTwo wanted on evading charges, shooting investigation continues admin RELATED ARTICLESMORE FROM AUTHOR Upside Down Blueberry Pie CheesecakeTexas Fried ChickenCreamy Fruit SaladPowered By 10 Sec Mama’s Deviled Eggs NextStay Twittercenter_img Facebook Pinterest Twitter Pinterest Snap Inc. to Participate in the Morgan Stanley Technology, Media & Telecom Conference 2021 Octopus Energy U.S. to Discount Customers’ Bills by as Much as 90% By admin – May 15, 2018 Rattler Midstream: 4Q Earnings Snapshot last_img read more

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COVID-19 : SC Orders Release Of Persons Lodged For Over 2 Years In Assam Foreigners’ Detention Centres [Read Order]

first_imgTop StoriesCOVID-19 : SC Orders Release Of Persons Lodged For Over 2 Years In Assam Foreigners’ Detention Centres [Read Order] Sanya Talwar13 April 2020 1:50 AMShare This – xIn the light of COVID-19 pandemic, the Supreme Court on Monday observed that detainees at detention centers of Assam who have been incarcerated for more than 2 years may be released on personal bond with two sureties.A bench comprising Chief Justice SA Bobde, LN Rao & M.M Shantanagoudar said;”We will pass orders in this regard. We will pass orders today” Senior Advocate…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn the light of COVID-19 pandemic, the Supreme Court on Monday observed that detainees at detention centers of Assam who have been incarcerated for more than 2 years may be released on personal bond with two sureties.A bench comprising Chief Justice SA Bobde, LN Rao & M.M Shantanagoudar  said;”We will pass orders in this regard. We will pass orders today” Senior Advocate Colin Gonsalves appearing for the National Forum of Prisons submitted that the detainees at Assam and detention centres must be released. The bench, however inquired into the feasibility of this and whether it was even viable to do so, considering that the people in these detention centre were foriegners, there was a high chance of them absconding.Senior Advocate Colin Gonsalves however, pointed out that these detainees were not in fact foriegners per se, but people who had been residing within India for over five decades, having generations, agricultural land etc.The order was passed in an application filed by Assam-based NGO ‘Justice and Liberty Initiative’. There are six detention centres in Assam, in which 802 persons are under detention, as told by Union Minister Nityanand Rai in Lok Sabha last month.On May 10, 2019, the SC had directed the release of of all detainees from detention centres who have spent more than 3 years in detention, subject to execution of bonds.To avoid overcrowding in prisons in the wake of COVID pandemic, the Supreme Court on March 23, 2020 had directed all states and Union Territories to set up high level committees to determine class of prisoners who could be released on parole for four to six weeks.Click here to download order Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Section 304A Of Indian Penal Code: The Amendment That Never Happened

first_imgColumnsSection 304A Of Indian Penal Code: The Amendment That Never Happened Afreen Alam & Hamza Lakdawala25 July 2020 6:10 AMShare This – xThe Ministry of Home Affairs (MHA) recently set up the Central Committee for Reforms in Criminal Law. The committee is headed by Ranbir Singh and consists of G.S. Bajpai, Balraj Chauhan, Mahesh Jethmalani and G.P. Thareja. It will be gathering opinions online, consulting with experts and collating material for their report to the government. They will go on for the next three months….Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Ministry of Home Affairs (MHA) recently set up the Central Committee for Reforms in Criminal Law. The committee is headed by Ranbir Singh and consists of G.S. Bajpai, Balraj Chauhan, Mahesh Jethmalani and G.P. Thareja. It will be gathering opinions online, consulting with experts and collating material for their report to the government. They will go on for the next three months. In its official website, the committee has invited experts in the field of criminal law to participate in the exercise through an online consultation mechanism. Questionnaires have been posted online on the possible reforms in the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act. The Central Committee for Reforms in Criminal Law has stirred up a lot of debate in the Indian legal ecosystem. While the debate around the Central Committee has mainly revolved around its constitution and lack of representation, it has also brought to the forefront the ever pending reforms needed in the Criminal Justice System. Most judges, lawyers and academics agree that the heart of Criminal Law in India, i.e., the Indian Penal Code is still stuck in the colonial era; flooded with statutes that no longer satisfy the needs of the nation in the 21st century. The Indian Penal Code, which was originally codified during the British era under the leadership of Lord Macaulay, by and large remains the same today. The Code, which runs into over 500 sections, is quite exhaustive and covers everything from petty offences, heinous crimes to offences against the state. While a few sections have become redundant due to changing times, many continue to be in active use. The code needs reconsideration, both in terms of substantive aspects and well as for the quantum of punishment it lays down. One of the sections which is in dire need of amendment, is Section 304A. Introduction To Section 304A The original Indian Penal Code that was drafted in 1860 had no provision providing punishment for causing death by negligence. Section 304A was thus later inserted in the Code in 1870 by the Indian Penal Code (Amendment) Act, 1870. So, this section did not create a new offence but was directed towards the offences which fall outside the range of section 299 and 300 of the Indian Penal Code, 1860. When neither intention nor the knowledge to cause death is present. Lord Hewart, C.J. In R v. Bateman, laid down the following two principles of criminal liability in the case of negligence: To establish criminal liability for negligence in the particular case the fact must be such that, the negligence of the accused went beyond the mere matter of compensation between the subjects and showed such disregard for the life and safety of others, as to the amount to a crime against the state and the conduct deserving punishment. Recklessness generally connotes indifference to a risk, whereas the accused may have appreciated the risk, and intended to avoid it, and yet shown in the means adopted to avoid the risk such a degree of negligence, as would justify a conviction. So to bring a case of homicide under section 304A, of the IPC the following conditions must exist: There must The death of the person in question; The accused must have caused such death; and That such act of the accused was rash or negligent and that it did not amount to culpable homicide. Section 304A of the IPC reads as follows: Causing death by negligence; Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The provisions of this section apply to cases where there is no intention to cause death, and no knowledge that the act done in all probability would cause death. The section deals with homicide by negligence and covers the types of offences, where death is caused neither intentionally nor with the knowledge that the act of the offender is likely to cause death, but because of the rash and/or negligent act of the offender. When any of the two elements, namely, intention or knowledge, is present this section will not be applicable. The section lays down a maximum imprisonment term of 2 years. This, as we shall see, has been found to be insufficient and has even led to the judiciary calling upon the parliament to amend the section. The Apex Court’s View The Supreme Court of India has been one of the key stakeholders in the debate for an amendment of S 304A of the Indian Penal Code. The Apex Court, on multiple occasions has expressed that the punishment laid down in S 304A is ghastly inadequate. However, the Supreme Court has time and time again reiterated that it is upon the parliament to decide and do the needful. In 2007, while hearing a criminal appeal in the case of Prabhakaran vs. State of Kerala (2007)14SC C 269, which dealt with a bus driver convicted for negligent driving and causing the death of a 10 year old school going child, the Supreme Court bench comprising of Justice Arijit Pasayat and Justice D. K. Jain noted, “It is contended by the learned Counsel for the State that in a case of this nature two years sentence is grossly inadequate. There is substance in this submission considering the increasing number of vehicular accidents resulting in death of large number of innocent persons. It is for the legislature to provide for an appropriate sentence. But the statute presently provides for a maximum sentence of two years.” A good number of cases under Section 304A of the Indian Penal Code relate to deaths caused by drunk driving. In the case of State of Punjab vs. Saurabh Bakshi 2015(4)SCALE340, which dealt with the deaths of two individuals during a car crash caused by rash and negligent driving, the Supreme Court bench comprising of Justice Deepak Misra and Justice Prafulla C. Pant opined, “Before parting with the case we are compelled to observe that India has a disreputable record of road accidents. There is a non-challant attitude among the drivers. They feel that they are the “Emperors of all they survey”. Drunkenness contributes to careless driving where the other people become their prey. The poor feel that their lives are not safe, the pedestrians think of uncertainty and the civilized persons drive in constant fear but still apprehensive about the obnoxious attitude of the people who project themselves as “larger than life”. In such obtaining circumstances, we are bound to observe that the lawmakers should scrutinize, re-look and re-visit the sentencing policy in Section 304A, Indian Penal Code. We say so with immense anguish.” This was reiterated verbatim by the court a year later in the case of Abdul Sharif vs. The State of Haryana (2016)15SCC204, where the court further added, “We have said that Section 304-A Indian Penal Code should be revisited so that higher punishment can be provided. The aforesaid passage clearly indicates that punishment provided Under Section 304A is absolutely inadequate. We are absolutely conscious, as the aforesaid would convey, it is up to the Parliament.” The Law Commission of India In June 1971, the Law Commission submitted its 42nd Report for revision of the Indian Penal Code. Clause 127 of the said Bill sought the amendment of section 304A. ‘In section 304A of the Penal Code, for the words “two years”, the words “five years” shall be substituted.’ The 1978 Bill also proposed the addition of a new section 304B in the Indian Penal Code. “‘304B. Causing death or injury by rash and negligent driving. Whoever by rash or negligent driving of any vehicle causes the death of any person or causes any injury which is likely to cause the death of such person, the causing of such death not amounting to culpable homicide, and drives or runs away without informing any police station within a reasonable time, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” Accordingly, the government introduced a Bill, namely, the Indian Penal Code (Amendment) Bill, 1978 in Rajya Sabha. That Bill was passed by the Rajya Sabha. However before passing the Bill, the then Lok Sabha was dissolved and the said Bill could not find a place in the book of statutes. The Law Commission of India in its 156th Report, submitted in 1997, affirmed the changes proposed in the 42nd report for the IPC along with numerous other proposals. In August 2009, The Law Commission of India, headed by Chairman Dr. Justice AR. Lakshmanan, in its report on Legal Reforms To Combat Road Accidents (Report No. 234) approved of the aforementioned proposals from the 1978 Bill and stated, “The Law Commission of India now feels that even the maximum term of imprisonment of five years in section 304A, IPC would not be adequate on the touchstone of the theory of deterrence keeping in view the present days’ practical reality and the same should be increased to ten years (also for the proposed sub-section (2) thereof). It is also felt that the offence under section 304A, IPC should be non-bailable.” It further stated, “Causing death of any person through driving under the influence of drink or drugs should be punishable with the minimum term of imprisonment of two years. Any second or subsequent offence under section 304A, IPC, if the rash or negligent act involved is the act of driving other than driving under the influence of drink or drugs, should be punishable with the minimum term of imprisonment of one year.” However, these suggestions again failed to end up on the statute books. Conclusion If there is one thing that is clear, it is that Section 304A has been in dire need for an amendment for a long time and the same has been reiterated by the Apex Court and Law Commission of India on numerous occasions. The quantum of punishment in Section 304A is highly inadequate. It is believed that a higher term of punishment will severely deter drunken driving and other negligent acts. It remains to be seen if the new Central Committee for Reforms in Criminal Law will take cognizance and propose an amendment of Section 304A in line with the suggestions of the Apex Court and Law Commision Reports. Next Storylast_img read more

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