#Computer Misue Act

[insidecroydon]

In Croydon's numbers game, selectorate is denied a vital detail

SELECTION SKETCH: Finally, Labour members in the new Parliamentary constituency of Croydon East have been allowed to have their say. KEN TOWL, right, went behind the scenes of this secretive process to choose someone who very likely will soon become an MP Handover: MP Sarah Jones, whose Croydon Central constituency is largely re-booted as Croydon East, congratulates selection winner Natasha…

[loyallogic]

Foraging A Legal Rampart: India’s Legal Battle Against Covid-19

This article has been written by Dipsa Prasanth.

Introduction

Just a stone away from the menacing COVID-19 and unstructured health legislation has unveiled blazing blemishes in India’s domestic laws, allied to health. This mustered the Epidemic Disease Act of 1897, a 123 year old colonial law to bulwark the bane of 21st century. 

India has an inordinately dilapidated landscape for health policies without an integrated law to hold them together. Public health and sanitation is embedded under the state and local governments, with the centre having negligible say. With just eight states having legislation for public health, India wants a draughtsman to sketch an integrated health emergency law.

The neoteric happenings of COVID-19 coupled with large scale self-isolation, quarantine etc, has raised the question of violating an individual’s autonomy, dignity and liberty, although we allow these interventions for the government to act in the best interest of the population. But the extent of these powers are still to be formulated. This article will mainly be focusing on the legal framework of India to fight the health emergencies with COVID-19 and Epidemic Disease Act of 1897 being the focal points.

Epidemic Diseases Act, 1897: An overview

When there is a health emergency on heel, the primary resort available with the Indian government is this 123 year old colonial law, the Epidemic Disease Act of 1897. The history of this act traces back to 4th February 1897, when the city of Bombay was drenched in the bubonic plague. Thus, owed as the bible of epidemic management with four sections spread over three pages; this has been India’s rampart fighting diseases including malaria, cholera, flu etc. But, computing the ferocity of the COVID-19, this bygone legislation stands fragile.

For thriving in the domain of health, a country shall have competent laws which are updated with respect to the contemporary situations and thus be refurbished and comprehensive. This will help the country to customise their actions according to the health emergencies. The dearth of an updated law has made India resort to Sec. 144 of CrPC to manage its health emergency.

The act fails to elucidate, “Infectious”, “dangerous”, or “contagious diseases” and delegates the power to the state and local governments to take action of certain crude facet of quarantine of suspected individual, travel bans, inspection of ships and vessels etc. It’s meant to deal with ‘dangerous epidemics’, a term not interpreted by the law. Clause with respect to punishment under this act shall also be revisited as it demands for a fine of 200 INR and an imprisonment up to a period of one month.

                 Click Above

How powerful are the states?

The Epidemic Disease Act of 1897 provides higher stakes to the state and local governments over the centre. Also, the public health and sanitation are comprehended under the state list thus making them competent to make legislations in this particular domain. Haryana, Uttar Pradesh, Maharashtra, Delhi and Karnataka have invoked their powers to make legislations pertaining to this realm. The legislation includes using Non- Pharmaceutical Interventions otherwise known as NPIs to contain the spread of pandemics, this includes ways other than medical containment for example closing of educational institutions, prohibition of assembly of large crowds, closing of shops, religious places etc. The state authorities shall further delegate the power to officers like District Magistrate who will issue notices for lockdown. They can also impose strict restriction in containing spread of fake new relating to the pandemic and provide the offender with strict punishment.

But with all these, there isn’t any limit to the power that these authorities exercise, as it is said using immoderate power without lucidity can have a dismissive footprint. This act provides the state with intimidating powers which can be a noted ultimatum to the privacy of an individual. The state can misuse the provided power targeting certain individuals, mass quarantining etc. Thus it will spoil the innate essence of democracy.

Case study

The Indian constitution was made after continuous deliberations and discussions by eminent heads; they borrowed the best provisions from across the archipelago. These same methods can be adopted while drafting a law for health emergency. Here, we will be looking at examples from two countries that are of Spain and Australia.

Examining Australia, Article 51 of the Australian constitution provides for a system whereby their federal government will have the powers to quarantine when and where it is required. This makes them deal with quarantine and health emergencies with strict terms and conditions. Also to enhance the binding nature of the International Health Regulation (IHR) they have linked it with an agreement of National Health Security Act of their country. Apart from this they have established certain coordination entities to cater the needs when a pandemic sets on. This will hence provide with a transparency and also the surveillance department of the healthcare will provide its people knowledge about any notified diseases.

Now studying the parameters of Spain, they too have a well efficient system of pandemic management. In this system established through law whenever there is a health emergency all the private hospitals will be nationalised and will be set under the guidelines of the government of Spain.

The Stumbling Block

With the rampant outbreak of COVID-19, there were serious questions raised upon the laws dealing with health emergencies in India. This had brought into limelight some glaring gaps in the laws fighting pandemics or other major health emergencies in the country. Some of the prime pitfalls are as following:

The main stumbling block in India’s pandemic law is the federal structure of democracy whereby the power is delegated to the state governments, in making legislations on public health and sanitation, thus making the central government less powerful. Till date in India, not all states have formulated their rules and regulations pertaining to containing any pandemic and those who have made it are still pondering over its pros and cons.

Also, the act of 1897 which becomes the primary law of fighting pandemic in India does not as such deal with the surveillance of the suspect, vaccination, public health etc.

Another major challenge afflicting the act is that it does not impart or talk about the rights of health care workers. There are no properly written laws regarding the life insurance of health workers, their protection etc, which will cater as a default in the Indian health laws.

Next up is the privacy rights of the patients. There are no laws that separately deal with the privacy issues like the patient’s medical information etc that becomes a paramount concern.

The travel restrictions and closing down of the domestic flights during a pandemic is not in aligning with the parameters of International Health Regulations (Article 43).

This act does not mention anything about the duty or rights of an individual during a situation of widespread pandemic. Thereby ignoring the role of civil society in pandemic management.

Why an Integrated Law?

The need of the nation now is an integrated law to manage the health crisis of the country. India has certain acts like the Indian Ports Act, The Aircrafts Act, the Livestock Importation Act etc which will help it manage the situation of a pandemic but an integrated law will be a one window solution to the entire bone of contentions. The legislation shall bestow the government with both the trigger and the caveats to fight the tussle in an orderly manner. If there is an integrated law then there will be more transparency and comprehension.

The present law does not cater for an equal access to health facilities and has totally ignored the responsibility of the society in managing the pandemics. The new fangled integrated law shall find a balance between the state and its people and co operative mechanisms of pandemic management. Also, there is no mention about efficient lockdown rules, distribution of pre-requisites and medicines, proper isolation and centralised quarantine facilities etc. There is a high chance of misuse of power by the state authorities as there is no restriction on the usage of power by the primary law.

There were certain efforts made to improve the laws pertaining to health emergencies. Naming a few, the National Health Bill of 2009 which was discarded by the state as it felt this act will be an intrusion into their territory by the centre. Next one is the Public (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill drafted in 2017, which is still tabled in the parliament, though even this has failed to include local government while managing pandemics.

The Plan of Action

The plan of action for fighting any pandemics in the future shall have a proper lesson learned from COVID-19. The law makers shall now consider revising the bygone Epidemic Disease Act of 1897 and look for a more comprehensive and updated law while dealing with health emergencies. If this does not happen then this glaring gap in the policy will become India’s Achilles’ heel. 

We shall urge for an integrated law which shall be made with proper forethought and groundwork. This shall include the rights of health workers; address the issue of right to privacy of patients, a proper lockdown law other than sec 144 of CrPC, proper checks and balances with respect to the power of the state authorities etc.

The Disaster Management Act of 2005 was not designed to deal with health emergencies, there is no clause in this act defining health crisis to be a disaster, the curfews and lockdown that has been invoked was under this act which doesn’t even include health crisis in it. Thus we need a well defined law which will deal with situations pertaining to health emergencies.

Conclusion

The health emergency laws in India are now like the lacerated parts of an old cloth, what the nation entails is a tailor to stitch these ripped parts to a beautiful textile. India needs unified and refurbished laws to deal with its health emergencies. For thriving in the domain of health, a country shall have competent laws which are updated with respect to the contemporary situations and thus be refurbished and comprehensive. This will help the country to customise their actions according to the health emergencies and tackle the situations like that of the menacing COVID-19. Although we allow a lot of interventions of the government, in times of such pandemics in order to act in the best interest of the population. But the extents of these powers are still to be formulated and there shall be proper checks and balances in the power provided to the state governments in matters concerning the population as a whole. Limiting the excessive power granted to the state and making laws more accountable and comprehensive will lead to a better management of health crisis in the legal domain. 

Further enhancing this will perceive the importance of civil society in the management of law, which is very much required as and when there is a lack of availability of a medicine then such pandemics can only be cured with following proper social distancing and other quarantine measures. And also emphasising on lockdown and curfew laws will help the government not to take an easy recourse on Section 144 of CrPC and various other robust laws in the country.

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[sambart93]

Messiah: Polar Night [Review]

I got to see this movie two times in two days! Monday and Tuesday -- I shouldn’t say ‘got to’ because I didn’t enjoy it! Messiah, in true Messiah style, hurt all the feels we fangirls have once again. But I’m getting ahead of myself.

Official Site here Official Twitter here Trailer here and here

NON-SPOILER REVIEW Overall: Messiah, in true Messiah style, did what it does best: Hurting our feelings and the characters feelings. This was a very interesting movie, and having Amane and Misu as the center story was amazing! It’s a prequel to Akatsuki so gives us more introduction to the three new cadets. While it does rip your heart out in the end, there are quite a lot of funny moment which I thoroughly enjoyed. I am, though, not happy with how they treated and extended Mamiya’s story line. I just feel like they’re making him out to be more evil than originally perceived but that’s me being Mamiya bias. Thanks for breaking my heart once again Messiah! Why do I continue to stay with this abusive boyfriend?! Rating: 7/10

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Now for the spoilers!! MWAHAHAHAHA So be warned; I’m going all out!

*Disclaimer: I do find Messiah difficult to understand at times, so if I get anything wrong, let me know, and don’t take my story 100% as the truth xD

I’ll try and keep in order of how the scenes happened and try to keep chronological.

The opening has this water effect that’s super, super pretty!! But OMG the foreshadowing even in the opening! I didn’t realise until the second time around just how much the opening credits like foreshadows the shit that goes down towards the end. And attention to detail in the opening too is amazing! 

I love how it starts with Misu waking up from a nightmare (pretty close up shot) and then we immediately see that Amane is in his bed! Of course my Bl-poisoned brain was like ‘that bed is big enough for both of them! Let them sleep together!’ But of course, Misu is just being a gentleman and logical and a nice friend so let Amane have the whole bed.

The opening credits is so sad because Amane up and LEAVES Misu! And he just leaves a note ‘三栖さん、今までありがとうございます 周’ so I was straight away up and crying! Amane!!! Don’t LEAVE Misu!

The next scene I also really love. It shows Misu working out and being all sweaty and doing these awesome movies. I love Misu okay -- BIG massive warning: I love Misu! Okay! So I am going to flail about him a lot. Good? Good!

We see Misu joining a new police force under the command of Shikura and when I noticed that the second in command is freaking NAKAMURA SEIJIROU!!!!! I FREAKED OUT!! TWO TOKIENTA* BOYS ARE IN THIS!!! I fangirled so hard! I really liked Nakamura’s character in this. But with this film being a prequel, I was immediately wondering ‘well why wasn’t he in the stage Akatsuki?’ but by the end of the film they explained why he wasn’t in the stage.

In this new group there’s obviously Amane Gwen (Guen) Shougo and I giggled so hard at Misu's reaction when Amane is introduced himself. Misu’s reaction was EXACTLY the same as my reaction when he was introduced in Akatsuki. me and Misu are clearly soulmates. 

Of course, Amane knows Misu is an (ex?)terrorist so doesn’t trust him at all, so Nakamura is like ‘well lets do some training and fight it out’. OF COURSE Misu kicks everyone’s butts! Seeing Amane all bloody after fighting Misu was actually pretty sexy. The moves they did too were impressive. And then we got Misu and Nakamura fight which was even more badass -- but there is a dodgy ‘trying to be slow-mo but very obviously not slow-mo’ shot.

And then we finally get to Sakura and we have the introduction of the new guys: Miike, Kugure and Yuuki. Miike being a fucking brat straight away, ugh but he’s an intelligent one -_- and they’ve been given a mission by Ichijima to find out why there’s been so many bombs around Tokyo recently, who it is and to decide and find out where the next one(s) will be. Naturally Yuuki and Kugure do and they’re told but Miike gets bored easily and is like ‘lets have some tea time!’ and also leaves the room very quickly -- he’s taken away by the sound of a violin.

While the new cadets are doing this, Shirasaki is in his room, sitting in silence, absolutely torn. His phone rings and he dreads picking it up and keeps getting on Ichijima’s case ‘do you have any news on Kaito?’, to which Ichijima always says ‘あなたが知るはず淮斗くんの情報がない / There’s no news on Kaito that you need to know’ (I wish I could remember the exact quote, it was a good line)’ which pisses off Shirazaki and ultimately he makes the decision to run away from Sakura and find him himself. But in reality, Ichijima knows jack shit about both Kaitou’s disappearance AND about what happened to Mamiya because the high-ups are refusing to trust and tell Sakura anything, and are in fact, deciding to give all the information to the organisation Misu is now a part off. So naturally Ichijima is pissed he’s not being told stuff, but keeps calm around the cadets.

I still don’t like Ichijima and I’m annoyed he’s back (give me back Goumoto Naoya and Kamikita NOW!) but I get why he does what he does and he’s good at what he does. But I’ve just never trusted him -- ESPECIALLY in Akatsuki when he was the main suspect for everything bad that happened in that storyline. I don’t trust him; never have, never will. I think his ‘leg click and fight’ fighting is badass though and I do like the actor just... thanks but no thanks Ichijima. ANYWAY! Back to the movie!

Eventually the two allumni of Sakura track down and find Amane, three times today, and tell him that he should join Sakura and that it’s his fate to join them. Every time he replies ‘I’m never going to join because those outfits are awfuk’. But eventually, in order to help Misu out and in order to stop the next bombing, he decides to go to Church and help them out. Once he’s there Ichijima says the cadets are free to attempt to beat Amane in a fight but naturally he woops all the new cadets’ asses, commenting that ‘I remember old Sakura being much better’. He ends up trying to attack Ichijima but in true Sakura style, Ichijima stops him.

Before he gets taken to Church though, he goes to the allumnis onsen/public bathhouse -- yes they’ve upgraded from a barbers to a public bathhouse -- and he has a public bath with Yuuki and Kugure -- it’s fucking hilarious! He’s like  ‘ -____- Why do I have to take a bath? Just take me to Church already!’ xD

With Shirasaki gone; Eiri and Haku join in on finding the pattern between the bombs, predicting when the next one is, figuring out what the hell the Mamiya report is, and finding and stopping Shirasaki.

Thanks to the cadets scouring the security cameras around Tokyo, they find Shirasaki with Misu. Misu gives him the directions to Hopporengo while Shirasaki hands over the Mamiya Report which is a music sheet with a hidden code in it.

Shirasaki, obviously, gets found by Sakura, and has a knife pinned against his throat from Kuroko who doesn’t want to kill him but threatens to.

There’s a super funny scene when Amane comes in to help Eiri and Haku and immediately Haku sits down (his computer desk filled with wrappers and candy) and offers some to Eiri, who immediately replies ‘ / I don’t need any’ and then he offer Amane who replies exactly the same. ALSO! Freaking Haku’s keyboard is BENT which I found hilarious!

Also the password to cracking the Mamiya code was ‘Messiah without G String’ which made me laugh SO hard but also the grammar-nazi in my was like ‘THE!!!!’ This is where Ichijima literally explains Mamiya’s entire life story and I can’t quite decide which way the story went: *UPDATED

A. Mamiya was brought up to be able to pass messages onto the rest of his terrorist group via the melody he played on his violen.

OR

B. He was trained to give messages via his violin and he didn’t realise he had been under Tstutsumi’s command and didn’t realise the manipulation until Hagane and Eiri/Haku’s mission that he’d been manipulated and by that time he’d already gotten in too deep.

Especially because they found the Mamiya report information in a capsule in his stomach during the autopsy and it had been swallowed 4 hours before he was killed. Also, Ariga mentions that Mamiya’d been playing the violin more frequently towards the end of Haku/Eiri’s mission -- I guess this was when he figured he’d been manipulated to send messages this way.

Swear to god if it’s route A then I’m going to be pissed. he is NOT the bad guy here!

Anyway...

So they finally find where the next omb has been placed and obviously Hopporengo are guarding it so Amane, Amane, Misu, Yuuki, Suwabe go in; either to the control center, or to kill the terrorists, or (for Misu and Suwabe) to get to the bomb and get rid of it. Of course it doesn’t go according to plan because...

And the biggest rage of this entire movie: They fucking KILLED Misu!! They KILLED HIM! THEY DROWNED HIM! His nae is MISU! Don’t take it or make it so meta oh my god! I cannot believe they killed him. before he went out on the mission, he spoke to Amane and was like ‘lets go eat after this. Make sure you make a reservation.’ and as SOON as he said that I started crying because I fucking knew they were going to kill him off and they did! I cried the entire way home (which is two trains and about 30minutes). WHY DID YOU KILL ANOTHER OF MY FAVOURITE CHARACTERS?! You’ve killed TWO out of my THREE favourite characters now! Fuck you Messiah... Fuck you. But jesus christ, Tamaki’s acting as he’s screaming for Messiah, the police and for anyone to just stop the water from going into the tunnel where Misu was, was so heart breaking and real and raw to watch. It’s so heartbreaking! And Misu dies starring the water right in the face and giving it the middle finger and just... I’m going to cry now...

...

..

.

Towards the end, Miike leaves a note for Ariga and he goes down the where the violin and some plant is, and soon Mamiya reveals himself to Ariga. It’s this moment that Ariga says ‘You’ll always be my Messiah, but I have Itsuki now’ and Mamiya goes to speak, he starts with ‘from here on out-’ but fucking Itsuki freaking interrupts with his yelling from the top of the stairs and when Ariga turns back around, Mamiya is gone -__- but I do love Ariga’s last line where he yells “KAGAMI!!! .... Urusai / You’re fucking loud / You’re annoying’. It’s such a predictable moment but also a very good moment but god dammit! Give me that message Mamiya wanted to say!! RAGE!!

And then we’re back in the onsen. It goes (left to right) Ichijima, Yuuki, Kuruge, and Itsuki. Miike is, for some reason there, but outisde the bath fully clothed and just hanging there. Itsuki is sulking ‘Ariga told me ‘nothing’s wrong’ tut. But clearly something is wrong!’ xD

Ichijima yelling about Kaito being dead in front of Kuroko and Kuroko being dead scared of him. Ichijima was pissed at Kamikita the entire movie for some reason...

I absolutely love the ending! And by ending I mean POST CREDIT SCENE! We follow and suited figure walked down the aisle and then going into an office which has Amane’s letter and Misu’s picture and teddy bear and then the camera pans around to reveal Amane. He looked very sexy in that suit and glasses. He stars right at the camera and says ‘Okay Misu-san... 俺たちの革命の始まりだ / This is were our revolution starts’ and he smiles and BAM ending!

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Some scenes I don’t remember what order they were in but I liked:

There’s a scene where Misu and Amane are in the car (a flashback) and I did not pay attention to conversation because the BL-idiot in me was like ‘are they gunna kiss?! Just kiss!’ xD I thought they were gunna kiss xD damn my brain!

James in a suit!!! He looked so good and he spoke Russia for most of his screen time which was interesting! But unfortunately I don’t know ho accurate it is xD

Also, upon the first watch, it looked like Amane Shougo had let James in and acknowledged his presences when he first walked into the cop institution.

After seeing this movie, some questions, theories and comments I want to make are:

What the fuck is up Miike? He’s able to hear Mamiya’s violin and sees him and obviously talks to him a few times. And Ichijima clearly understands what’s going on with Miike because he lets him relax rather than participate in the mission! Some ghost whisperer or what?! 

Is Shikura Misu's dad?!?! At the end Misu is like, ‘it was you who sent to teddy bear wasn’t it?’ and Shikura is like ‘yeah’ so he’s known Misu since he was  tiny boy! He’s gotta be the dad!

Also, I am convinced Kugure and Ichijima are related. They have the same speech pattern and speed, their way of thinking is the same, Kugure is always standing RIGHT next to Ichijima and sometimes a little too close. And they look similar and wear glasses.

Why, why, why, why did they kill Misu?!???! 

And what's Amane gunna do after this?!?? He’s on his own now! I thought both TamaChan and Nakamura were leaving Messiah for good but with THIS ending then... Amane’s gunna be getting some shit blown up right?! He’s clearly still going to be involved... but why did you have to kill Misu?!

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PHEW! I’m done... goddammit Messiah! Why you gotta break hearts?! Can we not have a happy story for once?!

*TokiEnta = Toki Entertainment Company which Tamaki and Nakamura, (other like Baba Ryoma, Tomita Sho, Takasaki Shouta, Aramaki Yoshihiko) are part of.