Tuesday, February 22, 2011
MEDICO LEGAL ASPECTS OF DEATH AND TRANSPLANTATION OF ORGANS
The Medico legal study of death comes within in the purview of Forensic thanatology (Thanatos= death; logos=science) Death occurs in two stages viz;(1) somatic, systemic, or clinical (2) cellular or molecular. The term death as commonly employed means somatic death. It is due to complete and irreversible cessation of the vital functions of the brain, heart and lungs. In somatic death, though life ceases in the body as whole, it persists in its component parts viz, the tissues and cells, which respond to chemical, thermal or electrical stimuli. It signifies loss of life in the component parts of the body, and it is accompanied by cooling, and changes in the eye, skin, muscles etc.Molecular death is generally complete within three to four hours of somatic death. Testing the response of skeletal muscles to electrical stimuli easily establishes if molecular death has set in or not.
Diagnosis of somatic or clinical death is not always easy in the following conditions;(1) soon after the death when the body is likely to be warm (2)suspended animation (3) coma following excessive doses of sedatives or hypnotics especially barbiturates, and (4) hypothermia particularly in the old.
The distinction between somatic and molecular death is importantly for two reasons ( 1) Disposal of the body; In rare instances, when the body cremated soon after somatic death, spontaneous movements of the hands and feet may occur on the funeral pyre and may give rise to the apprehension that the person was not actually dead but was prematurely disposed of, and (2) Transplantation; The visibility of transplantable organs falls sharply after somatic death- a liver must be taken within fifteen minutes, a kidney within forty five minutes, and a heart within a hour.
A person whose brain may have been irreversibly injured can now be kept alive by maintaining the circulation of oxygenated blood to the brain stem by artificial means.
There is no legal definition of death. For the purpose of transplantation, it is necessary to remove organs in as fresh a condition as possible. Therefore, it is desirable to remove organs when the process leading to death has become irreversible. When there is irreversible damage to the brain as shown by a flat ECG tracing for five minutes, the probability that useful brain function will be re-established is most unlikely and the person can be legally presumed to be dead. At this stage there can be no objection to the removal and preservation of organs for transplantation purposes.
Diagnosis of somatic or clinical death is not always easy in the following conditions;(1) soon after the death when the body is likely to be warm (2)suspended animation (3) coma following excessive doses of sedatives or hypnotics especially barbiturates, and (4) hypothermia particularly in the old.
The distinction between somatic and molecular death is importantly for two reasons ( 1) Disposal of the body; In rare instances, when the body cremated soon after somatic death, spontaneous movements of the hands and feet may occur on the funeral pyre and may give rise to the apprehension that the person was not actually dead but was prematurely disposed of, and (2) Transplantation; The visibility of transplantable organs falls sharply after somatic death- a liver must be taken within fifteen minutes, a kidney within forty five minutes, and a heart within a hour.
A person whose brain may have been irreversibly injured can now be kept alive by maintaining the circulation of oxygenated blood to the brain stem by artificial means.
There is no legal definition of death. For the purpose of transplantation, it is necessary to remove organs in as fresh a condition as possible. Therefore, it is desirable to remove organs when the process leading to death has become irreversible. When there is irreversible damage to the brain as shown by a flat ECG tracing for five minutes, the probability that useful brain function will be re-established is most unlikely and the person can be legally presumed to be dead. At this stage there can be no objection to the removal and preservation of organs for transplantation purposes.
EXPERT TESTIMONY-SCOPE AND RELEVENCY
When the Expert opinion testimony offered through the medium of a qualified witness, may be given concerning any subject relevant to the matters in issue, in which a person may become specially learned or skilled or acquire special proficiency , subject, to the qualification that an experts opinion cannot be received if it amounts to a conclusion of law. Expert witnesses may explain to the court and jury the machines, models; drawings exhibited and may point out their differences or the identity of the mechanical devices involved in their construction, and under they may be examined on and explain questions of art, mechanics, or science peculiar to their trade or profession.
Experts are entitled to give in evidence their opinion as to conclusions from the facts within the range of their specialties. The testimony of expert as to general scientific facts in issue. Such opinion testimony is admissible not only when scientific knowledge is required, but when experience and observation in a special calling give the expert knowledge of a subject beyond that of person of common intelligence and ordinary experience.
A witness possessing special skill or knowledge of the subject may state an opinion, where the facts are such that inexperienced persons are likely to prove incapable of forming a correct Judgment without the assistance of such opinion. The scope of such evidence extends to any subject in respect of which one may derive special knowledge by experience, when his knowledge of the matter in relation to which his opinion is asked in such, or so great that it will probably aid the Trier in the search for truth.
It will be safer to confine the testimony of witness to facts when ever its practical to do so and leave the jury to exercise their Judgment and experience on the proved fact. The rules admitting opinions of experts evidence are not to be necessarily extended but speaking generally expert testimony is admissible upon a matter regarding which there is not common knowledge, where the court or jury may be aided or educated by the expert views and opinions of men experienced in some particular art, trade, or business and profession, such testimony is not, on the other hand admissible on matters of common knowledge even though offered through the medium of witness having knowledge having superior knowledge.
The opinion of persons well versed in foreign law, or science, art, and for proving the identity of finger prints or hand writing is made relevant under the provisions of Indian Evidence Act. Such qualified persons are experts and are competent to depose as to their opinion on the disputed facts and questions. The reason behind the principle of admitting the facts in support of the opinion or contradicting the opinion tendered by an expert is that the opinion given by an expert to be reliable must be tested by Cross-examination.
When the court has to form an opinion of foreign law of science, art, or as to identity of handwriting or finger prints, the opinions upon that point of persons especially skilled in such subject are relevant factors. Such persons are called experts.
Experts are entitled to give in evidence their opinion as to conclusions from the facts within the range of their specialties. The testimony of expert as to general scientific facts in issue. Such opinion testimony is admissible not only when scientific knowledge is required, but when experience and observation in a special calling give the expert knowledge of a subject beyond that of person of common intelligence and ordinary experience.
A witness possessing special skill or knowledge of the subject may state an opinion, where the facts are such that inexperienced persons are likely to prove incapable of forming a correct Judgment without the assistance of such opinion. The scope of such evidence extends to any subject in respect of which one may derive special knowledge by experience, when his knowledge of the matter in relation to which his opinion is asked in such, or so great that it will probably aid the Trier in the search for truth.
It will be safer to confine the testimony of witness to facts when ever its practical to do so and leave the jury to exercise their Judgment and experience on the proved fact. The rules admitting opinions of experts evidence are not to be necessarily extended but speaking generally expert testimony is admissible upon a matter regarding which there is not common knowledge, where the court or jury may be aided or educated by the expert views and opinions of men experienced in some particular art, trade, or business and profession, such testimony is not, on the other hand admissible on matters of common knowledge even though offered through the medium of witness having knowledge having superior knowledge.
The opinion of persons well versed in foreign law, or science, art, and for proving the identity of finger prints or hand writing is made relevant under the provisions of Indian Evidence Act. Such qualified persons are experts and are competent to depose as to their opinion on the disputed facts and questions. The reason behind the principle of admitting the facts in support of the opinion or contradicting the opinion tendered by an expert is that the opinion given by an expert to be reliable must be tested by Cross-examination.
When the court has to form an opinion of foreign law of science, art, or as to identity of handwriting or finger prints, the opinions upon that point of persons especially skilled in such subject are relevant factors. Such persons are called experts.
ACCESS TO JUSTICE
It is the duty to safeguard the rights of citizens of India, particularly those of the underprivileged. The vast majority of people of India lives in condition of extreme poverty and is denied access to justice. Quite a large number of them are ignorant and illiterate and unaware of their legal rights. These poor brethren are victims of social inequalities and are afraid to raise their hands and assert their rights. Such groups of exploited people live in bondage and unless a concerted effort is made to free them from economic captivity, the dream of social equality will remain unfulfilled. The legal system must play a positive role to translate this constitutional philosophy in to a hard reality.
We must painfully admit that our legal system has become notorious for its delay and expense. The fee of layers have sky rocketed. It is difficult even for a middle class man to engage a reasonably good layer to fight his case. The services of those at the top can be afforded only by rich and corporate bodies. Even when poor litigant is provided the services of a layer this imbalance of professional competence survives. Present day litigation is the delay in the dispensation of justice. This delay in disposal of cases is having a deleterious effect on the administration of justice. In the first place, delay breeds litigation. Many litigants come to court with unsustainable causes in the hope of extracting something from the other side by abusing the time consuming process. Secondly, the delay introduces frustration which soon results in disgust for the legal system. This has negative effect since it leaves a brooding since of injustice which has occasionally manifested in disrespect for the courts.
The decline in the prestige and image of the legal profession should be a cause for concern to everyone connected with the justice delivery system and it is high time that need to take hard look at where we have faltered and make a serious effort to repair the damage by taking coercive action. The profession has withstood onslaughts from eminent personalities.
If we are to uphold the pristine glory of the profession, we must ensure that members of the profession do not descend to levels which would adversely affect its reputation and dignity.
The members of the legal profession are being blamed even by our elected representatives for the inordinate delay in the disposal of cases.
We must painfully admit that our legal system has become notorious for its delay and expense. The fee of layers have sky rocketed. It is difficult even for a middle class man to engage a reasonably good layer to fight his case. The services of those at the top can be afforded only by rich and corporate bodies. Even when poor litigant is provided the services of a layer this imbalance of professional competence survives. Present day litigation is the delay in the dispensation of justice. This delay in disposal of cases is having a deleterious effect on the administration of justice. In the first place, delay breeds litigation. Many litigants come to court with unsustainable causes in the hope of extracting something from the other side by abusing the time consuming process. Secondly, the delay introduces frustration which soon results in disgust for the legal system. This has negative effect since it leaves a brooding since of injustice which has occasionally manifested in disrespect for the courts.
The decline in the prestige and image of the legal profession should be a cause for concern to everyone connected with the justice delivery system and it is high time that need to take hard look at where we have faltered and make a serious effort to repair the damage by taking coercive action. The profession has withstood onslaughts from eminent personalities.
If we are to uphold the pristine glory of the profession, we must ensure that members of the profession do not descend to levels which would adversely affect its reputation and dignity.
The members of the legal profession are being blamed even by our elected representatives for the inordinate delay in the disposal of cases.
WHY THE JUDICIARY IS RESPECTED IN INDIA
We must realize that the reason why the Judiciary India is respected is because of the confidence which it has, over the years, come to enjoy amongst masses for unbiased, impartial discharge of its constitutional functions without fear or favour, or ill-will or affection. The strength of Indian Judiciary lies in its impartiality, its integrity and its independence. It lies in the perception that Judges are free from every form of prejudice and that in discharging their duties. The very confidence of the people of India in the confidence and impartiality of the judiciary which constitutes the moral foundation upon which the judiciary which has neither the finances nor the physical facilities to ensure compliance, relies for the faithful implementation of its orders.
“While there can be no two opinions on the need for the maintenance of judicial independence, both for the safe guarding of individual liberty and the proper working of the constitution, it is also necessary to keep in view one important principle. The Doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-Legislature or super-executive. The Judiciary is there to interpret the constitution or adjudicate upon the rights of parties concerned.”
“While there can be no two opinions on the need for the maintenance of judicial independence, both for the safe guarding of individual liberty and the proper working of the constitution, it is also necessary to keep in view one important principle. The Doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-Legislature or super-executive. The Judiciary is there to interpret the constitution or adjudicate upon the rights of parties concerned.”
STANDARDS OF PERFORMANCE OF ELECTRICITY DISTRIBUTION COMPANIES
Standards of performance of electricity distribution companies
(Special reference to Andhra Pradesh State)
The distribution company is required to main standards of performance for all consumers in the manner prescribed hereunder. The limits prescribed refer to the maximum time required to be taken to perform different activities of consumer service. It shall be the endeavor of the distribution companies to provide best possible service well within time limits specified under these regulations. The Distribution Companies shall register every complaint of a consumer regarding failure of power supply, quality of power supply, meters and payment of bills and intimate the complainant his number of complaint.
1. Restoration of power supply; The licensee shall restore power supply in the case of normal fuse of calls ( replacing HG fuses or LT fuses at all the distribution transformer fuses at the consumer premises) within 4 hours from receiving the complaint in towns and cities with a population of 50000and above(Urban areas) and within 12 hours in rural areas. Location of fuse of call centers in Towns and cities calls for quicker response in attending to the complaints. For rural areas a higher time limit is fixed taking in to account the larger jurisdiction and travel time involved. The fuse of calls at consumer premises will be attended only between 8 AM to 6 PM except essential services like water supply, Hospitals etc, and other important Government services. Individual complaints of consumers received during night time shall be attended to within 4 working hours in urban areas.
2. The licensee shall inform the consumer the likely time by which the power supply may be restored in the case of routine line breakdown within one hour of receiving the complaint. The licensee shall restore the power supply to the consumer within 6 hours of receiving the complaint in towns and cities and within 24 hours of receiving the complaint in rural areas.
3. The licensee shall restore power supply in the case of failures of distribution transformers by replacement of transformer within 24 hours in Towns and cities and 48 hours in rural areas.
4. The licensee shall rectify line faults and restore power supply to strre lights within 24 hours.
5. The licensee shall respond within 4 hours to a consumer regarding variations in voltage and frequency of power supply beyond the tolerance limit in Indian Electricity rules, at the point of commencement of power supply.
6. The complaints regarding low voltages arising due to inadequacy in the distribution system requiring up gradation of distribution lines, transformers or installation of capacitors shall be resolved within 120 days.
7. Period of interruption due to scheduled outage shall be specified in the notice and shall not exceed 12 hours on any day. In each event the licensee shall ensure that power supply is normally restored by 6-00PM.
8. In the event of complaints regarding the defects in the meters the licensee shall inspect the premises and check the meter within 7 days from the receipt of complaint and if the meter is not working the licensee shall replace the meter within 30 days from receiving the complaint.
9. During inspection or at the time of checking or testing, if the meter is found tampered the licensee may take appropriate action as permitted under law.
10. The licensee shall replace the burnt out meters within 7 days of complaint if the burning of the meter is not due to causes attributable to consumer like tampering, defect in consumers installation, meter getting wet due to falling of water on same, connecting up unauthorized additional load from the consumer , the consumer shall be given 7 days of notice and the licensee shall replace the meter within 7 days after receiving the payment from the consumer and after necessary corrective action was taken to avoid future damages to the meter.
_____ Madiraju Madhusudhan Rao
(Special reference to Andhra Pradesh State)
The distribution company is required to main standards of performance for all consumers in the manner prescribed hereunder. The limits prescribed refer to the maximum time required to be taken to perform different activities of consumer service. It shall be the endeavor of the distribution companies to provide best possible service well within time limits specified under these regulations. The Distribution Companies shall register every complaint of a consumer regarding failure of power supply, quality of power supply, meters and payment of bills and intimate the complainant his number of complaint.
1. Restoration of power supply; The licensee shall restore power supply in the case of normal fuse of calls ( replacing HG fuses or LT fuses at all the distribution transformer fuses at the consumer premises) within 4 hours from receiving the complaint in towns and cities with a population of 50000and above(Urban areas) and within 12 hours in rural areas. Location of fuse of call centers in Towns and cities calls for quicker response in attending to the complaints. For rural areas a higher time limit is fixed taking in to account the larger jurisdiction and travel time involved. The fuse of calls at consumer premises will be attended only between 8 AM to 6 PM except essential services like water supply, Hospitals etc, and other important Government services. Individual complaints of consumers received during night time shall be attended to within 4 working hours in urban areas.
2. The licensee shall inform the consumer the likely time by which the power supply may be restored in the case of routine line breakdown within one hour of receiving the complaint. The licensee shall restore the power supply to the consumer within 6 hours of receiving the complaint in towns and cities and within 24 hours of receiving the complaint in rural areas.
3. The licensee shall restore power supply in the case of failures of distribution transformers by replacement of transformer within 24 hours in Towns and cities and 48 hours in rural areas.
4. The licensee shall rectify line faults and restore power supply to strre lights within 24 hours.
5. The licensee shall respond within 4 hours to a consumer regarding variations in voltage and frequency of power supply beyond the tolerance limit in Indian Electricity rules, at the point of commencement of power supply.
6. The complaints regarding low voltages arising due to inadequacy in the distribution system requiring up gradation of distribution lines, transformers or installation of capacitors shall be resolved within 120 days.
7. Period of interruption due to scheduled outage shall be specified in the notice and shall not exceed 12 hours on any day. In each event the licensee shall ensure that power supply is normally restored by 6-00PM.
8. In the event of complaints regarding the defects in the meters the licensee shall inspect the premises and check the meter within 7 days from the receipt of complaint and if the meter is not working the licensee shall replace the meter within 30 days from receiving the complaint.
9. During inspection or at the time of checking or testing, if the meter is found tampered the licensee may take appropriate action as permitted under law.
10. The licensee shall replace the burnt out meters within 7 days of complaint if the burning of the meter is not due to causes attributable to consumer like tampering, defect in consumers installation, meter getting wet due to falling of water on same, connecting up unauthorized additional load from the consumer , the consumer shall be given 7 days of notice and the licensee shall replace the meter within 7 days after receiving the payment from the consumer and after necessary corrective action was taken to avoid future damages to the meter.
_____ Madiraju Madhusudhan Rao
INDIAN ELECTRICITY ACT 2003 AIMS AND OBJECTS
Indian electricity act 2003 aims and objects
The Indian electricity act 2003 provides to consolidate the laws relating to generation, transmission, distribution trading and use of electricity and generally for taking measures conductive to development of electricity industry, promoting competition therein, protecting interests of consumers and supply of electricity to all areas, rationalization of electricity tariff ensuring transparent policies regarding subsidies, promotion of efficient and environ mentality, constitution of Central electricity authority, regulatory commissions and establishment of appellate tribunal and for matters connected therewith or incidental thereto.
The bill was introduced in the parliament on the 30th day of august 2000 after the deliberations of the standing committee sending the draft to all the states for seeking comments and suggestions and after considering the views, a final draft was passed on 9th April 2003.
The silent features of the electricity act 2003 are referred in this article which is very useful for all the consumers, who are linked up with the electricity for all sorts of guidance in day to day life.
Genesis of electric power; Invention of electricity is one of the most important in the process of development of mankind. The first electric power station to transmit electric power to the public was constructed during 1882, the transmission and distribution of electric power has taken different versions before it has reached the present stage. In the beginning the electric power had limited applications, the human needs and nature resulted in a large number of electricity applications for lighting of lamps, for driving cars, motors and for driving human hearts also, the electric power is used in one or other form. Electricity has become a part of life of man and one cannot just imagine what life could have been without electricity. Power is the backbone to any economy being an infrastructural requirement. Per capita consumption of electric power is taken as one of the parameters to measure the development of the economy. The present public sector monopolistic power generating industry to be restructured. The Ministry of power estimated 8% growth rate of electricity consumption per anum. India ranked at 8th place in the world in terms of total electricity generated in 1998, but because of large population consumption of electricity per capita was only 460KWH/per anum. The alarming situation compelled the Government of India for thinking seriously searching the ways and means to augment production and effective distribution of power to all sectors, in this process, the need for radical changes and liberalization in policies was thought of and this become necessary for passing new laws besides suitably consolidating and amending the existing laws relating to electricity.
____ Madiraju Madhusudhan Rao
The Indian electricity act 2003 provides to consolidate the laws relating to generation, transmission, distribution trading and use of electricity and generally for taking measures conductive to development of electricity industry, promoting competition therein, protecting interests of consumers and supply of electricity to all areas, rationalization of electricity tariff ensuring transparent policies regarding subsidies, promotion of efficient and environ mentality, constitution of Central electricity authority, regulatory commissions and establishment of appellate tribunal and for matters connected therewith or incidental thereto.
The bill was introduced in the parliament on the 30th day of august 2000 after the deliberations of the standing committee sending the draft to all the states for seeking comments and suggestions and after considering the views, a final draft was passed on 9th April 2003.
The silent features of the electricity act 2003 are referred in this article which is very useful for all the consumers, who are linked up with the electricity for all sorts of guidance in day to day life.
Genesis of electric power; Invention of electricity is one of the most important in the process of development of mankind. The first electric power station to transmit electric power to the public was constructed during 1882, the transmission and distribution of electric power has taken different versions before it has reached the present stage. In the beginning the electric power had limited applications, the human needs and nature resulted in a large number of electricity applications for lighting of lamps, for driving cars, motors and for driving human hearts also, the electric power is used in one or other form. Electricity has become a part of life of man and one cannot just imagine what life could have been without electricity. Power is the backbone to any economy being an infrastructural requirement. Per capita consumption of electric power is taken as one of the parameters to measure the development of the economy. The present public sector monopolistic power generating industry to be restructured. The Ministry of power estimated 8% growth rate of electricity consumption per anum. India ranked at 8th place in the world in terms of total electricity generated in 1998, but because of large population consumption of electricity per capita was only 460KWH/per anum. The alarming situation compelled the Government of India for thinking seriously searching the ways and means to augment production and effective distribution of power to all sectors, in this process, the need for radical changes and liberalization in policies was thought of and this become necessary for passing new laws besides suitably consolidating and amending the existing laws relating to electricity.
____ Madiraju Madhusudhan Rao
Saturday, February 19, 2011
Wednesday, February 16, 2011
ACCESS TO JUSTICE
ACCESS TO JUSTICE
It is the duty to safeguard the rights of citizens of India, particularly those of the underprivileged. The vast majority of people of India lives in condition of extreme poverty and is denied access to justice. Quite a large number of them are ignorant and illiterate and unaware of their legal rights. These poor brethren are victims of social inequalities and are afraid to raise their hands and assert their rights. Such groups of exploited people live in bondage and unless a concerted effort is made to free them from economic captivity, the dream of social equality will remain unfulfilled. The legal system must play a positive role to translate this constitutional philosophy in to a hard reality.
We must painfully admit that our legal system has become notorious for its delay and expense. The fee of layers have sky rocketed. It is difficult even for a middle class man to engage a reasonably good layer to fight his case. The services of those at the top can be afforded only by rich and corporate bodies. Even when poor litigant is provided the services of a layer this imbalance of professional competence survives. Present day litigation is the delay in the dispensation of justice. This delay in disposal of cases is having a deleterious effect on the administration of justice. In the first place, delay breeds litigation. Many litigants come to court with unsustainable causes in the hope of extracting something from the other side by abusing the time consuming process. Secondly, the delay introduces frustration which soon results in disgust for the legal system. This has negative effect since it leaves a brooding since of injustice which has occasionally manifested in disrespect for the courts.
The decline in the prestige and image of the legal profession should be a cause for concern to everyone connected with the justice delivery system and it is high time that need to take hard look at where we have faltered and make a serious effort to repair the damage by taking coercive action. The profession has withstood onslaughts from eminent personalities.
If we are to uphold the pristine glory of the profession, we must ensure that members of the profession do not descend to levels which would adversely affect its reputation and dignity.
The members of the legal profession are being blamed even by our elected representatives for the inordinate delay in the disposal of cases.
It is the duty to safeguard the rights of citizens of India, particularly those of the underprivileged. The vast majority of people of India lives in condition of extreme poverty and is denied access to justice. Quite a large number of them are ignorant and illiterate and unaware of their legal rights. These poor brethren are victims of social inequalities and are afraid to raise their hands and assert their rights. Such groups of exploited people live in bondage and unless a concerted effort is made to free them from economic captivity, the dream of social equality will remain unfulfilled. The legal system must play a positive role to translate this constitutional philosophy in to a hard reality.
We must painfully admit that our legal system has become notorious for its delay and expense. The fee of layers have sky rocketed. It is difficult even for a middle class man to engage a reasonably good layer to fight his case. The services of those at the top can be afforded only by rich and corporate bodies. Even when poor litigant is provided the services of a layer this imbalance of professional competence survives. Present day litigation is the delay in the dispensation of justice. This delay in disposal of cases is having a deleterious effect on the administration of justice. In the first place, delay breeds litigation. Many litigants come to court with unsustainable causes in the hope of extracting something from the other side by abusing the time consuming process. Secondly, the delay introduces frustration which soon results in disgust for the legal system. This has negative effect since it leaves a brooding since of injustice which has occasionally manifested in disrespect for the courts.
The decline in the prestige and image of the legal profession should be a cause for concern to everyone connected with the justice delivery system and it is high time that need to take hard look at where we have faltered and make a serious effort to repair the damage by taking coercive action. The profession has withstood onslaughts from eminent personalities.
If we are to uphold the pristine glory of the profession, we must ensure that members of the profession do not descend to levels which would adversely affect its reputation and dignity.
The members of the legal profession are being blamed even by our elected representatives for the inordinate delay in the disposal of cases.
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