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My Notes 13 Dec 2016 13-12-2016

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Please Follow My Notes and My Video 13-DEC-2016

copy right act – Delhi high court judgement


DU photocopy case

In 2012, a clutch of academic publishers moved Delhi High Court seeking a permanent injunction to restrain Rameshwari Photocopier, a shop on the premises of Delhi University’s Delhi School of Economics, from making copies of chapters of textbooks published by them and selling to students as “course packs”. The publishers wanted DU to get a licence from the Indian Reprographic Rights Organisation, a society that collects licensing fees on their behalf, and seek permission for preparing course packs after paying copyright dues. A Single judge Bench dismissed the suit on September 16, 2016.


In their appeal, the publishers said well-known fair-use principles were being violated, and that the relevant section of the Copyright law [Section 52(1)(i)] allowed copying only where a “direct connection between the teacher and the pupil without an intermediary” existed. They also said the photocopier was “competing” with the copyright holders, commercially exploiting their work, and depriving them of revenues.



Copyright act – 52(1)(i) -  According to it photocopying of copyrighted material is allowed in the course of instruction. Court has liberally interpreted course of instruction and stated all copying done for academic use  as long as justified by the demands of coursedo not come under copy right infringement.

The court held that 52(1)(i) did not include the “qualitative and quantitative” tests for fair use.


  1. Education alone is the foundation on which a progressive and prosperous society can be built. Teaching is essential part of the education. So, equitable access to knowledge to all segments of the society irrespective of their caste, creed and financial position is necessary.
  2. Copy right is a legal right and not a natural right. So, it comes with inbuilt legal restrictions.
  3. Education can not be seen as a property alone and it ned to be considered with a social role to perform.


  1. Judgement can increase access to education material
  2. It can be  argued that judgment had “ignored” provisions relating to licensing policy, and may “discourage” publishers from issuing “India editions”.


Beyond the court’s Remit

Courts shall resist themselves from entering in to policy domain of executive and it can lead to an institutional conflict. Recent Judgement of Uttarakhand high court to prohibit liquor in four of the districts is a clear violation of its scope. Supreme Court also  cautioned judges against assuming powers based on individual perceptions or notions.


Turkey’s derailed war on terror

Terror attacks are increasing in Turkey. Penetration of ISIS and strengthening of armed groups in Kurdistan independence movement are making country vulnerable for terror attacks. So, Government shall keep its geo political calculations aside in fights against ISIS and shall stop collective punishment tactics on all Kurds. It shall focus on armed groups.


Perspective page

Not a  tragedy,  but  the  remedy

Rapids rise of high denomination Notes has lead to rapid rise of unaccounted money, cash in circulation and an asset bubble in india. It also led to a job less growth. Unless the situation changed, india can not create opportunities for millions of young. Demonetisation may cause a short term inconvenience but it is necessary to correct course of economy.


Include bidis in GST

Bidis shall be treated equally as other tobacco products and shall be placed in higher tax bracket as demerit goods. It is a poor man puff is not valid as smoking is the major reason for hospitalisation among poor and adds to their health costs. Other modes of communication on ill effects do not reach to poor because of their lack of access to TV, radio etc.

Along with this, Revenue earned through higher taxation can be used for rehabilitation of Bidi workers.


Indo pacific potential

Indonesian president Jokowidodo visit to India

  1. Indonesia is strategically located between Indian and pacific ocean and it is the worlds largest archipelago. It can potentially control all straits linking southern Indian ocean to south china sea.
  2. Indonesia is also looking for a maritime axis – a strong naval force to protect territorial integrity, fishing waters and energy interests. India can secure a potential strategic and security dialogue with Indonesia.
  3. Cultural and economic relationships can be enhanced. India can learn from tourism promotion from Indonesia. Already Indian companies are active in Indonesia in coal, textiles and steel. This profile can be extended.

Visit of Indonesian president to India

  1. Terrorism – it is condemned in all its forms. All countries shall implement UNSC resolution 1267. Countries shall work towards elimination of terrorist safe heavens.
  2. South china sea – a peaceful solution is sought after
  3. UN reforms – Necessary to make it democratic, transparent and efficient.
  4. Defence ministers dialogue and joint defence cooperation committee to work bilateral defence cooperation agreement has been established.


Indian Express

Amendments to disability bill

Disability bill was introduced in Rajya Sabha in 2014 by Ministry of social Justice on recommendations of Sudha Kaul committee. It is to replace existing disabilities act, 1995. Present bill introduced in parliament brings 119 amendments to 2014 bill.





2014 bill



Number of disabilities

7 disabilites

19 disabilites

21 ( Parkinson s disease, acid attacks are added)



No special provision for women a nd children

No special provision

Makes a special provision for women and children with disabilites and mentally disabled.


Definition of establishment


Government and private

Government and private

All establishments shall provide for barrier free access. 


Punishment for violation


Penalty and Jail term



Discrimination issues/definition of disability



Discrimination is allowed for achieving a  legitimate aim.







Rooting out Graft

Lokpal, RTI and whistle blower protection act are crucial in fight against corruption .


  1. Lokpal is not yet appointed as parliament failed to amend law. It has to replace  leader of opposition with leader of single largest party in Lok sabha meant for collegium to appoint lokpal.
  2. RTI faces twin challenges –pending of cases befor information commission and attacks on RTI activists.
  3. Whistle blower protection act got weakened through amendment. These include

a)      Offices secrets act, 1923 is applied to whistle blowers. This mean that they can be prosecuted for possessing Government documents on which their complaints are based.

b)      Any matter of public interest affecting the sovereignty and integrity of India and matters related to commercial confidence are excluded from scope of the act.


  1. Asia centre for human rights – mandatory and immediate registration of FIR on complaints about use of force or attacks against RTI activists.
  2. Inquiry by police officer not below the rank of DySP.
  3. Fixed time of 3 months to complete investigations.


Open House

Recommendation –legislature should allow the media and public at committee proceedings.


Question of the day

  1. Discuss the provision of new bill introduced for protection of rights of disabled people. Add your opinion to what extent bill can improve condition of disabled.



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