Bombay High court rejects plea to direct his wife to undergo check-up for HIV #Womenrights

, TNN | Jun 15, 2013,

High court rejects plea for wife to undergo check-up for HIV
The HC said it was “absurd” for husband to say it was in the interest of his wife to go in for early HIV detection.
MUMBAI: The Bombay high court on Friday upheld a family court (FC) order rejecting a man’s plea to direct his wife to undergo a medical check-up as he strongly suspected her to be HIV positive. The court said it was “absurd” for him to say it was in the interest of his wife to go in for early detection.

Justice Roshan Dalvi heard a petition by Santa Cruz resident Joel D’Souza (name changed), who met Joan (name changed) through a marriage bureau. Both professionals, they married on December 26, 2009. In June 2010, Joan had typhoid and went to her mother’s place nearby. Thereafter, Joel stopped calling or receiving her calls. On July 7, 2010, he took her call but told her he would not take her back, without explanation. The medical test report of July 7, 2010 confirmed Joan was cured of typhoid and tests included for HIV antibodies.

On July 10, 2010, on reaching her matrimonial home, she found Joel had changed the lock. On October 22, 2010, he filed for divorce alleging impotency/non-consummation of marriage and cruelty. Pending the petition, on March 16, 2011 Joel filed an application praying for direction to Joan to undergo HIV, TB and hepatitis tests along with tests for impotency/failure to consummate the marriage as he suspected she was HIV positive.

In his application before the FC, Joel gave many reasons, including fever, tiredness, body ache, dry cough, diarrhoea, abdominal pain and headache. He said Joan had a bloated abdomen although her face, hands and legs were very thin and due to this she wore long outfits. “On an official website of HIV, it is documented that HIV is medically caused due to accumulation of fat in the stomach,” he stated. He said she spoke in her sleep using the words ‘HIV’ and ‘AIDS‘ and mentioned ‘Jack Dorsan’, who he found on the Internet was in the prostitution business. He said his wife had stored Dorsan’s telephone number and spoke to him on the day of their wedding.

He said she applied lip balm five to six times a day “as the best treatment for Herpes Simplex Virus is keeping the lips moist”. Joan said Joel’s suspicion was “reckless, wild and cruel” and he himself needed treatment.

The FC on May 16, 2012 rejected his application with costs saying, however strong his suspicion, he had to prove the allegations by furnishing evidence so that the court can grant him relief. Joel moved the high court in October 2012.

Joan’s advocate Mini Mathew argued that the July 7, 2010 report confirming she was cured of typhoid was sufficient to hold that it was not necessary to send her for an HIV test. She said Joel had been spreading rumours about her. “These allegations are stigmatizing. Her reputation is ruined,” she said.

Joel’s advocate Uday Warunjikar said, “He caught his wife taking HIV medicines. If she is not suffering from HIV, why is she afraid of the test?” he asked. Justice Dalvi remarked, “I doubt the marriage can be reconciled. Both sides must move for an amicable settlement.” She added, “Why don’t you throw her out in a little respectable way? It will boomerang on you.


#India – Bombay High Court raps Maharshtra for custodial deaths #torture #humanrights

, TNN | Mar 23, 2013, 03.32 AM IST

MUMBAI: The Bombay high court on Friday pulled up the state government for repeated instances of custodial deaths and asked what it was doing to prevent them.

A division bench of Justice A M Khanwilkar and Justice A P Bhangale was hearing a public interest litigation filed in 2008 by the India Centre for Human Rights and Law ( ICHRL).

ICHRL’s advocate Rebecca Gonsalves told the court that there were 250 custodial deaths between 2001 and 2011. “Maharashtra leads with the highest number. Three days ago, there was a custodial death in Mumbai,” she said, referring to the case of a suspected thief who died in the lock-up ofChembur police station after allegedly banging his head against the wall.

The judges asked additional public prosecutor Aruna Pai what precautions the government had taken and whether it had issued any directives to avoid such deaths. “What change had been brought in the administration to prevent such incidents from happening again and again,” asked Justice Khanwilkar.

The judges have directed the secretary (special) of the home department to file a personal affidavit disclosing the “precautionary measures and preventive mechanisms” introduced by the government since the court took cognizance of the issue in 2008.

The judges also directed that in case no credible steps have been taken by the government, it must define an action plan and place it before the court at the next hearing on April 4.

Bombay Hight Court – getting Tech Savvy ?

Writ Board Department,


Original Side, High Court,









All the Advocates and Parties appearing in-person are hereby informed that


Scanning Work of all the Suits, Appeals, Writ Petitions and Interlocutory Applications,


both on Original Side and Appellate Side which have been filed and also of all the new


matters which are being filed currently, is in progress and for that purpose Title and


Prayers of such matters are required to be entered into the system software.


Therefore, all the Advocates and Parties appearing in-person shall, henceforth


submit a Pen-Drive containing the title and prayers of such matters and Interlocutory


Applications at the time of lodging itself.



Please note that without Pen Drive no such matters and


Interlocutory Applications will be accepted for lodging. This practise


must be adhered to strictly in order to avoid inconvenience and


delays in numbering the matters .


Dated this 26th day of February, 2013


Sd/- Sd/-


 (Mangesh S. Patil)                                                                            (D.V.Sawant)


 Registrar (Judl-I) Registrar/Prothonotary & Sr. Master,


 High Court, A.S., Bombay High Court, O.S., Bombay


Salaam Bombay # poetry #humor #sundayreading


A City where everything is possible, especially the impossible .

Where telephone bills make a person ill,
Where a person cannot sleep without a pill.

Where carbon-dioxide is more than oxygen,
Where the road is considered to be a dustbin,

Where college canteens are full and cl-asses empty,
Where Adam teasing is also making an entry,

Where a cycle reaches faster than a car,
Where everyone thinks himself to be a star,

Where sky scrapers overlook the slum,
Where houses collapse as the monsoon comes,

Where people first act and then think,
Where there is more water in the pen than ink,

Where the roads see-saw in monsoon,
Where the beggars become rich soon,

Where the roads are leveled when the minister arrives,

Where college admission means hard cash,
Where cement is frequently mixed with ash.

This is Mumbai my dear, But don’t fear, just cheer, come to Mumbai every


1. You say ‘town ‘ and expect everyone to know that this means south
of Churchgate.

2 You speak in a dialect of Hindi called ‘Bambaiya Hindi‘,
which only Bombayites can understand.

3. Your door has more than three locks.

4. Rs 500 worth of groceries fit in one paper bag.

5. Train timings ( 9.27 , 10.49 etc) are really important events of life.

6. You spend more time each month traveling than you spend at home.

7. You call an 8′ x 10′ clustered room a Hall.

8.. You’re paying Rs 10,000 for a 1 room flat, the size
of walk-in closet and you think it’s a ‘steal.’

9. You have the following sets of friend: school friends, college
friends, neighborhood friends, office friends and yes, train friends,
a species unique only in Bombay. (REALLY TRUE)

10. Cabbies and bus conductors think you are from Mars
if you call the roads by their Indian name,
they are more familiar with Warden Road, Peddar Road, Altamount Road

11. Stock market quotes are the only other thing* besides cricket
which you follow passionately.

12. The first thing that you read in the Times of India is the
‘ Bombay Times’ supplement.

13. You take fashion seriously.
You’re suspicious of strangers who are actually nice to you.

14.. Hookers, beggars and the homeless are invisible.

15. You compare Bombay to New York ‘s Manhattan instead of any other
cities of India.

16. The most frequently used part of your car is the horn.

17. You insist on calling CST as VT, and Sahar and
Santacruz airports instead of Chatrapati Shivaji International Airport.

18. You consider eye contact an act of overt aggression.

19. Your idea of personal space is no one actually standing on your toes.

20. Being truly alone makes you nervous.

21. You love wading through knee deep mucky water in the monsoons, and
actually call it ”romantic’.

22. Only in Bombay, you would get Chinese Dosa and
Jain Chicken Masala

Salaam Bombay…


ATTN – BOMBAY KI KAHAANI MUMBAI KI ZUBAANI- 14th Dec- 13th Jan 2013 #mustshare




Twenty years have passed since Bombay was rocked by the violent and horrifying days of Dec 92-Jan 93. That violence marked our city severely, and over the last twenty years, so have the processes of globalisation, neo-liberalisation, privatisation. The cosmopolitan spirit of this city too has been regressively replaced with narrowing definitions of its “true residents”. Protests have become more difficult, but the voice of dissent has not died down. We are a loose conglomeration of activists, aca

demics, students, film makers, journalists, artists, individuals and organisations, who have come together in the last few months to speak together for and about the city that we care so much for.

From 14th December 2012 to 13th January 2013 all over the city of Bombay/Mumbai/Bambai, there will be a series of events on both memory and resistance throughout this month. There will be art installations, music on streets, railway platforms and in auditoriums, panel discussions, day long events in many colleges, universities and in various community centres, film screenings, leafleting, discussions and much more.

The schedule of events will be posted here very soon.

If you consider yourself a part of this city, then this campaign is yours. We invite you to join us in this remembrance and in celebration of Bombay, Mumbai, Bambai!

Do consider RSVPing ‘Yes‘ on this Event page in order to express your solidarity even if you’re unable to make it to the 15+ events that are being organised. This will enable your Facebook friends to also learn about the event, as a blurb about the event will be posted on your Facebook wall and they will also be notified about it.






From the campaign team:

Centre for Study of Society and Secularism
Citizens for Justice and Peace
Communalism Combat
Forum Against Oppression of Women
Jogeshwari Vikas Manch
Justice and Peace Commission
Lesbians and Bisexuals in Action
Lok Raj Sanghatana
Muktiyaan Lok Sanskritik Sanghatana
National Streets for Performing Artists
Nirbhay Bano Andolan
Republican Panthers
Tata Insititute of Social Sciences
Women’s Research and Action Group
Youth for Unity and Voluntary Action
and many individuals.


Invite Press Conference- Bombay ki Kahani Mumbai ki Zubani @12Dec #mustshare




Bombay ki Kahani Mumbai ki Zubani


Invitation for a Press Conference


Dec 12, 2012,


The Press Club, Mumbai



The Editor,


Dear Madam/Sir,


It is now 20 years since the violent and horrific days of December 1992 and January 1993 that followed the demolition of Babri Masjid in Ayodhya on December 6, 1992 permanently altered the fabric of the city.


The metamorphosis of Bombay into Mumbai is a story of both despair and hope, of compliance and resistance, of the courage of memory and fortitude. A complex tale, it takes on a myriad forms and narratives and is still being written.


In a unique tribute to the voices that have struggled to tell this tale, a number of organizations and individuals representing all walks of life in this  incredible metropolis, working amidst women, children, workers, with civil liberties organizations, legal aid groups and research institutions, have come together for a month-long campaign of remembrance and recognition: ‘Bombay ki kahani, Mumbai ki Zubani’.



We invite you to a press conference to announce the campaign on Dec 12, 2012 at 3p.m. at the Press Club, Mumbai. The press conference will be addressed by Justice H Suresh (retd. judge of the Bombay High Court), Dr Pushpa Bhave, educationist and social activist and Dr Asghar Ali Engineer, reputed Islamic scholar.


In addition, we shall also share the stories of individuals and activists who have displayed amazing resilience in struggling for justice all these 20 years.


Please do attend and cover the press conference.


with regards,

Aawaaz-e-Niswaan;Agaaz;Akshara;Communalism Combat;Forum Against Oppression of Women (FAOW);Lesbians and Bisexuals in Action (LABIA);Lok Raj Sangathan;Majlis;Muktiyaan;National Streets for PerformingArtists(NSPA);Nirbhay Bano Andolan;Sabrang;Saher;SNDT,Churchgate;Tata Institute of Social Sciences;Umang theatre group;Vacha;Women’s Research and Action Group(WRAG);Youth for Unity and Voluntary Action (YUVA)

and many individuals


One fateful push- Dec 6

 – ‘Ek dhakka aur do ” Toppled many of our  smug assumptions

Bachi Karkaria 06 December 2012,TOI

 It`s still called ‘December 6’. America’s ‘9/11’ hadn`t yet changed the way we label momentous events, so no one talks of ‘6/12’, but it was arguably the first since ‘August 15’ or ‘June 26’ to make a date with calendar immortality. Sixteen years before 26/11, we had sat transfixed to the TV screen, and felt the clammy hand of future history. Trishul-brandishing kar sevaks smashing those domes to the hysterical chorus of instigation marked the triumph of Hindutva, which had rolled forth with L K Advani`s Toyota-turned-rath-turned juggernaut. It had crushed all the bleating opponents in its path – indignant `pseudo-secularists` and fearful minorities alike. Parsi me, a mere molecularity, what would i know of majority resurgence and its embarrassing cousin, betrayal?
Yet, far away, the reverberating crash of those totemic domes was felt in a Bombay still to become Mumbai, still foolishly cosmopolitan, still hopelessly obsessed with being the city of gold for all those willing to work hard at bettering their lives, regardless of caste, creed and class of birth. Indeed, we, so ostensibly far removed in space, time and mojo from that allegedly modern epic unfolding in Ayodhya, we felt it harder than many places closer to it, on all these counts.

We were hit by a not-known-before intensity of communal riots. More portentously, we became the country`s first urban killing field of RDX. And under that macabre pile-up of bodies and rubble, died the raison d`etre of Bombay. We still await the resurrection. That`s if anyone still hopes for it. Or even wants it.

To watch the fall of the Babri domes was to witness an iconic moment. Then, a more pedestrian thought bludgeoned our consciousness. The children were in a school in the predominantly Muslim Mazgaon area. We rushed to bring them home. But it was only a precautionary measure. Who would have thought how ferociously Ayodhya`s tidal wave would break on a seemingly communalism-neutral Bombay?

Coming from a Calcutta, which shut down fully during Durga Puja, i had been dismissive of this city where business shutters weren`t downed during the parallel Ganeshotsav. It was evident that the preferred Poojas were the nubile Bedi and Bhatt. Who would have imagined the communal insanity, which killed 900 people, and wasn`t tamed till January 5, 1993?

And who could have ever visualised the surreal image of Bombay`s power towers literally brought to their knees the following March 12, when 13 serial blasts shook the city, claiming 250 unsuspecting lives and injuring 700 within minutes.

As a journalist reporting on both, the riots and the blasts, it was a ghoulishly exciting time. Two cameos have stayed with me. That of a dazed greybeard clutching on to his caged parrot as he stood beneath the dusty oil painting of a Parsi worthy in the Dadar Parsi Colony`s Palamkot Hall; the wizened Muslim was among the petrified inmates of the nearby Muslim slum who had swarmed through its placid gates. And the equally incongruous image of three delicate tea-cups hanging intact from a kitchen rack in a Worli building blown apart in the blast.

As a human being, it was shaming. So many of our assumptions about Bombay were shattered along with those faraway domes. People i had known closely turned out to be unmitigated bigots just under their sophisticated skin. Hindu-Muslim couples found themselves socially split apart. And i still can`t forget how it utterly broke my proud friend Habiba Miranda when her grown-up boys requested her to let them take down the calligraphed blessing which had hung above their front door forever; they didn`t want to attract the attention of the vengeful mobs breaking into Bombay`s most exclusive buildings. Wealth, for the first time, was not a cordon sanitaire.


” Aao Kasab Ko Phansi Dain ” -a poem by Anshu Malviya

उसे चौराहे पर फाँसी दें !
बल्कि उसे उस चौराहे पर फाँसी दें
जिस पर फ्लड लाईट लगाकर
विधर्मी औरतों से बलात्कार किया गया
गाजे-बाजे के साथ
कैमरे और करतबों के साथ
लोकतंत्र की जय बोलते हुए

उसे उस पेड़ की डाल पर फाँसी दें
जिस पर कुछ देर पहले खुदकुशी कर रहा था किसान
उसे पोखरन में फाँसी दें
और मरने से पहले उसके मुंह पर
एक मुट्ठी रेडियोएक्टिव धूल मल दें

उसे जादूगोड़ा में फाँसी दें
उसे अबूझमाड़ में फाँसी दें
उसे बाटला हाउस में फाँसी दें
उसे फाँसी दें………कश्मीर में
गुमशुदा नौजवानों की कब्रों पर

उसे एफ.सी.आई. के गोदाम में फाँसी दें
उसे कोयले की खदान में फाँसी दें.
आओ कसाब को फाँसी दें !!

उसे खैरलांजी में फाँसी दें
उसे मानेसर में फाँसी दें
उसे बाबरी मस्जिद के खंडहरों पर फाँसी दें
जिससे मजबूत हो हमारी धर्मनिरपेक्षता
कानून का राज कायम हो

उसे सरहद पर फाँसी दें
ताकि तर्पण मिल सके बंटवारे के भटकते प्रेत को

उसे खदेड़ते जाएँ माँ की कोख तक……और पूछें
जमीनों को चबाते, नस्लों को लीलते
अजीयत देने की कोठरी जैसे इन मुल्कों में
क्यों भटकता था बेटा तेरा
किस घाव का लहू चाटने ….
जाने किस ज़माने से बहतें हैं
बेकारी, बीमारी और बदनसीबी के घाव…..

सरहद की औलादों को ऐसे ही मरना होगा
चलो उसे रॉ और आई.एस.आई. के दफ्तरों पर फाँसी दें
आओ कसाब को फाँसी दें !!

यहाँ न्याय एक सामूहिक हिस्टीरिया है
आओ कसाब की फाँसी को राष्ट्रीय उत्सव बना दें

निकालें प्रभातफेरियां
शस्त्र-पूजा करें
गर मिल जाए कोई पेप्सी-कोक जैसा प्रायोजक
तो राष्ट्रगान की प्रतियोगिताएं आयोजित करें
कंगलों को बाँटें भारतमाता की मूर्तियां
तैयारी करो कम्बख्तो ! फाँसी की तैयारी करो !

इस एक फाँसी से
कितने मसले होने हैं हल
निवेशकों में भरोसा जगना है
सेंसेक्स को उछलना है
ग्रोथ रेट को पहुँच जाना है दो अंको में

कितने काम बाकी हैं अभी
पंचवर्षीय योजना बनानी है
पढनी है विश्व बैंक की रपटें
करना है अमरीका के साथ संयुक्त युद्धाभ्यास
हथियारों का बजट बढ़ाना है…
आओ कसाब को फाँसी दें !

उसे गांधी की समाधि पर फाँसी दें
इस एक काम से मिट जायेंगे हमारे कितने गुनाह

हे राम ! हे राम ! हे राम !…”

–अंशु मालवीय 

When going to the Movies was an art #Sundayreading #cinema

When going to the movies was an art
As Regal cinema enters its 80th year, here’s a look at the ‘theatre of firsts’
Yoshita Sengupta , Mumbai Mirror , Oct 27, 2012

It was a regular school day back in 1957 when a group of primary students of Rosary High School from Dockyard Road in Mazgaon made the trip to Colaba. It was to catch a screening of Alfred Hitchcock’s thriller Rope. The venue — Regal cinema.
One of the boys, then five, was hooked enough to spend the rest of his life making repeated trips. Rafique Bagdadi, now a noted film critic and one among Mumbai’s bestknown amateur historians, is brimming with stories of the glorious days. “Going to Regal was like going to Rome or another European city. Behind it was the Taj Mahal hotel. In front of it stood the majestic Cowasji Jehangir Public Hall, which is now the NGMA. The insides of the theatre were as dreamy as the set of Hollywood films screened here,” he says of the Art Deco architecture style that Regal shares with other South Mumbai cinemas like Liberty and Eros. Inaugurated on October 14, 1933 by Mumbai governor Sir Frederick Sykus, Regal was built by film exhibitor Framji Sidhwa and his friend KA Kooka. And it had quite a few firsts to its credit. Asia’s first centrally air-conditioned theatre, it was also the first to introduce Cinemascope and offer basement car parking to its patrons.

The reinforced concrete structure built at a lavish cost was conceived by Charles Stevens, son of famous 19th century English architect Fredrick Williams Stevens, while the interiors were designed by Czechoslovakian artist Karl Schara. Old-timers remember the sun ray Cubist motif in orange and jade green in the atrium.

For Deepak Rao, retired IPS officer and member of the Bombay Local History Society, Regal stands for an afternoon Arlem beer. While working at the Mumbai police headquarters across the road from the cinema, he’d hop over to its refreshment room that could house no more than six guests.
Regal’s historic value preceeds its construction, says Rao. “The lane behind Regal is not named Battery Street for nothing. The site at Apollo Bunder on which the cinema stands was owned by the British army, and was occupied by an old saluting battery. When viceroys and VIPs arrived, they were greeted with a gun salute. The British government decided to lease the property in 1926, which is when it was acquired by Mr Sidhwa and Mr Kooka of Globe Theatre Ltd.,” says the 62 year-old.

Sidhwa’s life, say documents, was as dramatic as the movies he screened. Born in 1883 in Tarapore, Gujarat, in a middle-class home, he moved to an orphanage in Parel before gaining admission to Bharda New High School, which stands right beside the theatre he would build in 1928 — Capitol at VT. The student of St Xavier’s College had to drop out due to thinning finances and move to Rangoon in 1903 to find a job. Starting out as a clerk in Singer, he later took up an insurance job.
It was in 1913 that he established a small syndicate and launched his film exhibition business in Rangoon. Two years later, Globe Theatre Ltd. was born.
Behram Contractor, in one of his essays, said going to the cinema was an art,” says Rao. And Regal played its part.
Baghdadi calls it an “experience” — South Bombay movie lovers would book tickets way in advance, dress up in finery and land up at the movies. “There was a soda fountain, a pantry for balcony audiences, and we’d dig into ice cream while musicians would perform live,” he shares.
Social worker, champion bridge player and MP Milind Deora’s mother Hema Deora’s memories of Regal stand testimony to Baghdadi’s description. As a 10 year-old in the early 1960s, Deora didn’t understand cinema, but that hardly mattered. “For me, the draw was the ice cream served in the cinema’s restaurant. The cup resembled a wine glass. It was a family affair. I’d wear my best dress, and we’d return home in a tonga,” Deora reminisces.

Aruna Shanbaug 39 years in semi-comatose condition #Euthanasia

Aruna Shanbaug


Another birthday in a locked room. Another birthday — the 39th — to not feel any sun on her body. Another birthday to be fed mush through a nose-tube and pass it out on the bed. Another birthday without being given medicine to calm her down when she is “agitated”.

It’s important that atleast some of us remember that such a woman still exists in both, a physical and legal vacuum. Both, because of those who claim to “love her”. She is permitted passive euthanasia – a fact not known to most media — her minders have to approach the Bombay High Court. Will collective cowardice, once again, continue to condemn this woman to a living hell?

 A woman in Bombay, India called Aruna Shanbaug turns 64 on June 1 (today). This would make it 39 years in this semi-comatose condition after she was sodomised and left for dead in November 1973.

She has the world’s most dubious distinction of being the longest-known such case.

She is, according to hospital records from that time and re-confirmed since, also blind, unable to speak words, given to either howling or grinning or being catatonic, irreversibly brain-damaged.

She is also, presumably the most horrific human rights violation on an individual ever. She is not given medication. She is not even on cathetor to collect body waste. Her bed is soiled and she lies like that till her care-takers — the nurses and ayahs of the municipal run hospital in which she languishes — clean her.

What makes it a tragedy is that Passive Euthanasia is now allowed in India. All it will take is for her feed to be tapered off — as per international norms governing the process — while introducing pain-management medicine into her nose-tube through which she is fed directly into her stomach.

Aruna’s even greater irony is that while she and Pinki Virani have catalysed the Law on Passive Euthanasia it has also been deemed for her — a matter not known to most — albeit as follows: The Supreme Court said the hospital was her “next friend”, not Pinki Virani (the incident happened in 1973; the Author knows her from 1982 when she was a cub-reporter). The Supreme Court then indicated — in the open court — that another specific plea could be filed in the Bombay High Court “should they change their mind”. Please crosscheck with any of the lawyers present in the court that day; the room was jam-packed with both, lawyers and media. Please cross-check by reading the judgement for yourself as well.

“Should they change their mind”. Are they likely to? Especially since they feel so noble about taking care of her while she suffers so horribly.

Did this startling fact even come to light — that all it will take is for some municipal employees (since that is what the nurses and doctors are at that particular BMC-run hospital) to approach the Bombay High Court?

[In March 2011, the Supreme Court of India, passed this historic judgement permitting Passive Euthanasia in the country. This followed Pinki Virani’s plea to the highest court in December 2009. The corollary of this same landmark judgement is that there might be a boost in organ donations, once again positively helping millions of Indians. (The judgement provides clarity on the definition of brain-death since healthy vital organs are wasted while arguments rage over the medico-legal definition of brain-death.)]

-Pinki Virani


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Faking Democracy- Repression Anti- Nuke activists


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October 2022
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