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The Hindu Analysis Free PDF Download

Date: 12 November 2020

Legal language in India is filled with jargong | IndExp

  • Subhash Vijayran (a lawyer) has recently filed a PIL in Supreme Court (Subhash Vijayran vs Union of India).
  • He wants the legislature and executive to use plain English in drafting laws, the Bar Council to introduce plain English in law curricula and the Supreme Court to only allow concise and precise pleadings.
  • “The writing of most lawyers is: (1) wordy, (2) unclear, (3) pompous and (4) dull. We use eight words to say what can be said in two. We use arcane phrases to express commonplace ideas.”
  • Reacting to the plea, the Supreme Court has asked the Ministry of Law and Justice and Bar Council to respond.
  • A landlord was trying to evict a tenant. In this suit, in 2016, the Himachal Pradesh High Court ruled: “Even if assumingly no efficacious evidence nor any evidence of cogent worth may stand adduced qua the defendants raising any obstruction upon the suit land yet the decree of permanent prohibitory injunction dehors any obstructive act done by the defendants during the pendency of the suit before the learned trial Court or during the pendency of the appeal before the first appellate Court also dehors no scribed relief in consonance therewith standings prayed for by the plaintiffs would not estop this court to permit the executing court to carry the mandate of the conclusively recorded decree of permanent prohibitory injunction pronounced qua the plaintiffs, conspicuously when thereupon the mandate of the conclusively recorded decree pronounced qua the suit land would beget consummation besides would obviate its frustration.”
  • Alternatively, “For facilitating its consummation, though the learned executing Court stood enjoined to pronounce an appropriate order, contrarily it by relegating the impact of the aforesaid germane factum probandum comprised in the enforceable executable conclusive decree, has inaptly dismissed the execution petition.”
  • The entire judgment is like this and I can quote paragraph after paragraph on what is nothing but gibberish.
  • Much before Plain English books, George Orwell set out six principles.
  1. Never use a metaphor, simile or other figure of speech which you are used to seeing in print.
  2. Never use a long word where a short one will do.
  3. If it is possible to cut a word out, always cut it out.
  4. Never use the passive where you can use the active.
  5. Never use a foreign phrase, a scientific word or a jargon word if you can think of an everyday English equivalent.
  6. Break any of these rules sooner than say anything barbarous.
  • Copy editors routinely use these principles, but not the judiciary.
  • Typically, judges don’t write judgments.
  • They dictate them.
  • No one writes like that, even with a keyboard.

Integrated Healthcare System | ToI

  • “Given that people exercise pluralistic choices in healthcare, our healthcare education system must be integrative meaning thereby that all students of allopathic medical education must have a basic understanding of ayurveda, yoga and naturopathy, unani, siddha, and homeopathy (Ayush), and vice versa” – with this sentence, the National Education Policy released by the HRD ministry has set the path for sweeping changes in medical education and the delivery of health services in India.
  • From the perspective of the consumer (the most important stakeholder of healthcare services) there can be no downside.
  • Patients are repeatedly demonstrating a desire to simultaneously consume different forms of treatment.
  • A policy statement that acknowledges ‘on the ground reality’ and attempts to adapt systems to suit it rather than the converse should be lauded since this appears to be a rarity across policies in general.
  • The practice of medicine in any form needs to be guided by evidence.
  • Complementary and alternative (CAM) therapies have, by and large, fallen short in this regard.
  • Interventions that are freely available cannot attract research interest.
  • In the recent past, important partnerships have been struck with leading institutions of the world for exploring therapeutics of cancer and other important areas of research.
  • However, it may be important to remember that ayurveda and yoga are not the only components of Ayush.
  • Homeopathy accounts for a little less than half of all CAM consumption in India and the other systems may be able to make important contributions as well.
  • The development of an integrated healthcare system has not been attempted in any significant manner in any other part of the world. It will, almost certainly, be an interesting ride. We should tread carefully.

Back to the House | TH

  • By-elections do not necessarily generate the same buzz as Assembly elections in India.
  • After all, they are typically held to replace incumbents who might have moved on to other public roles or are deceased or incapacitated, preventing them from representing their constituencies.
  • This lack of enthusiasm has generally rendered bypolls as contests where the ruling party in a State is hugely favoured.
  • Yet, the story in Madhya Pradesh had an additional wrinkle.
  • The 28 seats were keenly contested because these had elected Congress MLAs in 2018 and the vacancies arose on their defection to the BJP in an event orchestrated by senior leader Jyotiraditya Scindia.
  • A defection of a significant number of MLAs elected on one ticket and then overturning governments is bad advertisement for governance in India.
  • As required by the anti-defection law, the defectors returned to voters for a fresh mandate, and many obtained it too.
  • Clearly, defections cannot just be done away with through legislative action unless they are seen as immoral by voters as well.

A time for cautious optimism

  • The first interim analysis of the Phase-3 trial of Pfizer’s COVID-19 vaccine (BNT162b2) calls for cautious optimism.
  • Though the first interim results of the Phase-3 trial do not provide details, it is likely that neutralising antibodies and T cells responses would have played a vital role in preventing disease in many vaccinated participants — the vaccine showed more than 90% effectiveness in preventing disease.
  • So far, the vaccine appears to be safe as no serious adverse events were reported in the over 43,000 Phase-3 trial participants.
  • The over 90% effectiveness reported is basically against symptomatic infection.
  • But the nature of infection — mild, moderate or severe — that the vaccine can protect against is not clear.
  • While over 90% vaccine effectiveness is much more than what scientists had expected, the effectiveness might change as more cases get reported.
  • In all likelihood, it might drop marginally, but not below the FDA cut off of at least 50% vaccine effectiveness to prevent disease or decrease disease severity.
  • The interim results do not reveal how effective the vaccine is in older adults, who are more likely to progress to severe disease and even die.
  • Also, how long the protection lasts after vaccination is not known.
  • Pfizer is not the only company to use the mRNA platform for COVID-19 vaccine.
  • The encouraging results of Pfizer’s vaccine is good news for vaccines that use other platforms, as well.
  • The Oxford University vaccine being tested by AstraZeneca and other vaccines too produced immune responses similar to Pfizer’s in early stage trials and may show encouraging results in Phase-3 trials.


  • PM Modi to virtually co-chair 17th ASEAN-India Summit with his Vietnamese counterpart today
  • Trust deficit between taxpayers & tax administration has significantly reduced: PM Mod
  • Public Service Broadcasting Day being observed today
    • The day is celebrated every year to commemorate the only visit of Mahatma Gandhi to the studio of All India Radio, Delhi in 1947.
    • Govt to provide 50 pct subsidy on air transportation for fruits & vegetables from North-Eastern and Himalayan states
  • Cabinet approves Production-Linked Incentive Scheme for key sectors to boost manufacturing & exports
  • Govt. to govern OTT platforms
    • Digital content is not regulated by any body as of now
    • Ladakh standoff: India, China finalising disengagement plan
  • Daily COVID-19 cases cross 8K in Capital
  • SC grants interim bail to Arnab
  • Sputnik V vaccine 92% effective: Russia
  • Home Ministry amends FCRA rules
    • The Ministry of Home Affairs (MHA) has relaxed norms for farmer, student, religious and other groups who are not directly aligned to any political party to receive foreign funds if the groups are not involved in “active politics”.