Ted Honderich holds that there are six crucial wants, shared by every individual, wants that they really have, and which structure an authentic reason for human profound quality, or the capacity to recognize what is directly based on what’s up. The six wants are for a sensibly long life, for sensible physical solace, for opportunity and force, for good associations with others, for regard and confidence, and for the beneficial things getting from culture. I would prefer not to fight about the rundown, then again, actually I would remember security for the responsibility for (which may maybe be as of now included under the heading of Freedom and Power). The possibility of such a rundown of regular wants appears to me critical in the quest for the inceptions of ethical quality and gives trust in a proof that profound quality and its temperament can’t be comparative with an individual, due to its premise in a common mankind. Nonetheless, I would want to accumulate my rundown, which would not contrast much from Honderich’s rundown, regarding shared needs as opposed to shared wants. Furthermore, I accept that such a rundown could be similarly verifiable and objective.
Month: July 2020
Brain research is the logical investigation of the brain and conduct, as per the American Psychological Association. Brain research is a multifaceted control and incorporates many sub-fields of study such territories as human turn of events, sports, wellbeing, clinical, social conduct and intellectual procedures.
Structuralism and functionalism have since been supplanted by a few prevailing and compelling ways to deal with brain science, every one supported by a common series of expectations of what individuals resemble, what is imperative to concentrate and how to contemplate it.
Therapy, established by Sigmund Freud (1856-1939) was the prevailing worldview in brain science during the mid twentieth century. Freud accepted that individuals could be restored by making cognizant their oblivious considerations and inspirations, therefore picking up knowledge.
Freud’s analysis was the first psychodynamic hypothesis, however the psychodynamic approach in general incorporates all speculations that depended on his thoughts, e.g., Jung (1964), Adler (1927) and Erikson (1950).
The exemplary contemporary points of view in brain science to embrace logical techniques were the behaviorists, who were prestigious for their dependence on controlled research center examinations and dismissal of any concealed or oblivious powers as reasons for conduct.
Afterward, the humanistic methodology turned into the ‘third power’ in brain science and proposed the significance of abstract understanding and self-improvement.
During the 1960s and 1970s, brain research started an intellectual insurgency, embracing a thorough, logical, lab-based logical methodology with application to memory, recognition, psychological turn of events, dysfunctional behavior, and significantly more.
Psychology intends to have the option to foresee future conduct from the discoveries of observational exploration. In the event that an expectation isn’t affirmed, at that point the clarification it depends on might should be reconsidered.
For instance, traditional molding predicts that if an individual connects a negative result with a boosts they may build up a fear or abhorrence of the upgrades.
THE RAFALE JET AND ITS CONTROVERSY
We all have heard about the Rafale jet controversy, but not so much about the jet itself.We all have heard about the controversy regarding Rafale jets. But what are these jets? The fighter jets are developed by the French aviation company Dassault aviation. They are twin-engine, canard delta wing and multi-role fighter jets. To a simple man, these jets have two engines which are useful when one engine fails and they have much better fuel efficiency compared to single-engine jets. The jet allows faster speed and better pick up than single-engine jets. They also have canard delta wing, canard means the arrangement of the wings which mean that the brewing to the jet is placed forward to the main wing of a fixed-wing aircraft, this arrangement reduces the weight of the main wing loading, this allows much better control of the airflow to the main wing thus is easier to manoeuvre the jet at high angles; delta wing is the shape of the wing which is in the shape of a triangle. It is fighter jet is an aircraft designed specifically for air-air combat. Rafale has three variations the Rafale C single-seat land-based variation, Rafale B twin seat-based variation and the Rafale M single-seat carrier-based variation. The aircraft has the capacity of fire short-range and long-range missiles with high accuracy. The jet can carry 9 – 14 hardpoint which is its external weight. The Indian military has ordered 36 Rafale jets that were delivered today for 58,000 crores.
The jets are the newest edition to India’s air force. The Indian government made a contract in 2015 for 36 Rafale aircraft. The deal is worth 8 billion and was signed for purchase in September 2016. The aircraft was selected in the Indian MRCA competition for a contract to supply 126 multi-role fighter aircraft to the Indian Air Force in 2011. The final contenders were the euro fighter typhoon and the Dassault Rafale. Dassault Rafale won and a contract was made to supply 126 combat aircraft. But due to delay in negotiations overproduction of Rafale jets in HAL India. Dassault would then review the two productions by the two companies. Dassault refused to take responsibility for the 108 jets manufactured by HAL. Later, after several reviews and contentions on July 2015, India withdrew the tender on the M-MRCA agreement. Then by a joint statement by French President Francois Hollande and Narendra Modi, it was announced that India will purchase 36 Rafale jets which would be delivered in flying conditions and the contract would add up to 8 billion dollars and 30 per cent of the deal’s value France would reinvest it in India’s defence sector.
The Rafale jets controversy was centred that the procurement process for the combat jets where there was price escalation and promoting private sectors over public sectors. The Indian government was also accused of price escalation. The manufacturing companies in the first contract was Hindustan Aeronautics Limited but in the final contract was obtained by Reliance Naval and Engineering Limited.
The INC spoke that the company chosen had no experience over HAL. A Public Interest Litigation was filed in the Supreme Court was filed to probe the procurement deal of the Rafale deal. Later in September 2018, the PIL was accepted by the Supreme Court and in December 2018, the Supreme Court verdict was given that the government had done nothing wrong regarding the Rafale deal. It reviewed the procurement process and found that there were no flaws in the decisions making process, the pricing of the jets was fair and that there was no foul play in the selection of Indian partner. Thus the case was closed and 5 five French-built and combat-ready aircraft landed in Ambala on July 27, 2020.
In arithmetic, the acquainted property is a property of some dyadic tasks which is a figuring that joins two components to create another component. We will additionally examine affiliated property if there should be an occurrence of option and augmentation. The cooperative property isn’t legitimate in the event of division and deduction.
The affiliated property helps as far as making concrete from a mix of three fixings: concrete, rock, and water. Thus, we become acquainted with that including concrete, rock, and water to make concrete isn’t a cooperative procedure.
The Associative Property assists with accelerating Arithmetic. The thought is that as opposed to increasing a rundown of numbers in the request they’re composed from left-to-right, you can duplicate them in any request you need. It assists with sparing a ton of time and increase numbers quicker simpler.
Property has an exceptionally more extensive significance in its genuine sense. It not just incorporates cash and other substantial things of significant worth, yet additionally incorporates any elusive right considered as a source or component of salary or riches. The privilege and intrigue which a man has in terrains and belongings to the rejection of others. It is the option to appreciate and to discard certain things in the most total way however he sees fit, he utilizes them restricted by law.
The ocean, the air, and so forth, can’t be appropriated; each one may appreciate them, however nobody has any select right in them. At the point when things are completely our own, or when all others are avoided from intruding with them, or from meddling about them, it is plain that no individual other than the owner, who has this selective right, can have any case either to utilize them, or to prevent him from discarding them however he sees fit; that property, considered as an elite right to things, contains an option to utilize those things, yet an option to discard them, either by trading them for different things, or by parting with them to some other individual, with no thought, or in any event, discarding them.
Essentially Property is isolated into genuine property, and individual property. Property is additionally separated, into outright and qualified, when it comprises of merchandise and belongings.
Supreme property is what is our own, with no capability whatever; as when a man is the proprietor of a watch, a book, or other lifeless thing: or of a pony, a sheep, or other creature, which never had its characteristic freedom in a wild state.
Qualified property comprises in the correct which men have over wild creatures which they have decreased to their own belonging, and which are held dependent upon their capacity; as a deer, a bison, and so forth, which are his own while he has ownership of them, however when his ownership is lost, his property is gone, except if the creatures, go animo revertendi.
Property is again separated into bodily and ethereal. The previous grasps such property as is distinguishable to the faculties, as grounds, houses, products, stock and so forth; the last comprises in lawful rights, as picks in real life, easements, and so forth.
It is legitimate to see that at times, the second that the proprietor loses his ownership, he likewise loses his property or right in the thing: creatures ferae naturae, as referenced above, have a place with the proprietor in particular while he holds the ownership of them. Be that as it may, when all is said in done,’ the loss of ownership doesn’t hinder the privilege of property, for the proprietor may recoup it inside a specific time permitted by law.
Which means and Definition of Property
Which means of property
When all is said in done detect, property is any physical or virtual substance that is possessed by an individual or mutually by a gathering of people. A proprietor of the property has the right. Human life is absurd without property. It has financial, socio-political, now and then strict and lawful ramifications. It is the lawful area, which foundations the possibility of proprietorship. The fundamental hypothesize of the thought is the elite control of a person over something’. Here the most significant part of the idea of possession and property is the word ‘thing’, on which an individual has control for use. To expend, sell, lease, home loan, move and trade his property. Property is any physical or elusive substance that is claimed by an individual or mutually by a gathering of individuals. Contingent upon the idea of the property, a proprietor of property has the option to devour, sell, lease, contract, move, trade or wreck their property, or potentially to avoid others from doing these things. 
There are some Traditional standards identified with property rights which incorporates include:
- Command over the utilization of the property.
- Option to take any profit by the property.
- Option to move or sell the property.
- Option to reject others from the property.
Meaning of property
There are various definitions are given in various go about according to there utilizations and requirements. Yet, in the most significant act which only discussions about the property and rights identified with property move of property act 1882 has no unmistakable meaning of the term property. In any case, it is characterized in some other go about according to their utilization and need. Those definitions are as per the following:
Segment 2(c) of the Benami Transactions (Prohibition) Act, 1988 characterizes property as:
“Property” signifies property of any sort, regardless of whether portable or resolute, substantial or impalpable, and remembers any privilege or enthusiasm for such property.
Segment 2 (11) of the Sale of Good Act, 1930 characterizes property as:
“Property” signifies the overall property in merchandise, and not simply an exceptional property.
Speculations behind idea of property:-
There are numerous speculations which have been developed to comprehend the idea of property appropriately.
Those hypotheses are as per the following:
- Chronicled Theory of Property:
- Work Theory (Spencer):
- Mental Theory (Bentham):
- Useful Theory ( Jenks, Laski):
- Philosophical Theories–
(I) Property as a way to Ethnical Ends
(ii) Property as an End in itself
Chronicled Theory of Property
As indicated by the Historical hypothesis, the idea of private property had developed out of aggregate gathering or joint property. In the expressions of Henry Maine, “Private property was essentially shaped by the steady unraveling of the different privileges of individual from the mixed privileges of the network.
Prior property didn’t have a place with people, not even to segregated families, yet the bigger social orders made on male centric mode. Later with the breaking down of family-singular rights appeared.
Roscoe Pound likewise called attention to that the most punctual type of property was bunch property. It was later on that families were apportioned and singular property appeared.
Work Theory (Spencer)
The hypothesis is otherwise called ‘positive hypothesis’. This hypothesis demands the way that work of the individual is an establishment of property. This hypothesis says that, a thing is the property of an individual, who produces it or brings it into reality. The primary supporter of this hypothesis is Spencer, who created it on the standard of equivalent opportunity. He says that property is the consequence of individual work. In this way, no individual has an ethical right to property which he has not procured by his own exertion.
Mental Theory (Bentham)
As per this hypothesis, property appeared because of avaricious nature of man. Each individual wants to claim things and that brings into being property.
As per Bentham, Property is out and out an origination of brain. It is just a desire to get certain points of interest from the article as per one’s ability.
Roscoe Pound additionally bolsters Bentham and saw that the sole premise of origination of property is the rapacious nature of person which rouses him to attest his case over items in his ownership and control.
Useful Theory ( Jenks, Laski)
The hypothesis is once in a while otherwise called ‘sociological hypothesis of property’. It suggests that the idea of property ought not exclusively be limited to private rights however it ought to be considered as a social organization making sure about greatest interests of society. Property is arranged in the general public, must be utilized in the general public.
As indicated by Jenks, nobody can be permitted an unlimited utilization of his property, to the weakness to other people. He said that the utilization of property ought to adjust to the principles of reason and government assistance of the network.
As per Laski, Property is a social certainty like some other, and it is the character of social realities to adjust. Property has additionally accepted fluctuated perspectives and is proficient to additionally change with the changing standards of society.
Property is the making of the State
The root of property is to be followed back to the starting point of law and the state. Jenks saw that property and law were brought into the world together and would bite the dust together. It implies that property appeared when the state surrounded laws. Property was no place under the watchful eye of law.
As per Rousseau, “It was to change over belonging into property and usurpation into a correct that law and state were established”.
The primary who encased a land parcel and said-‘this is mine’- he was the originator of genuine society.
He demanded the way that property is only an efficient articulation of degrees and types of control, use and happiness regarding things by people that are perceived and ensured by law. In this manner the property was the making of the state.
Philosophical Theories –
Property as a way to Ethnical Ends
In the assessment of Aristotle, Hegel and Green, Property has never been treated as an end, however consistently as a way to some opposite end. As indicated by Aristotle, it might be a way to the furthest limit of good existence of the residents, further in the assessment of Hegel and Green, it might be a way to the satisfaction of the will without which people are not full human. As indicated by Rousseau, Jefferson, Friedman, it might be a methods as a pre-essential of individual opportunity seen as a human pith.
So also the remarkable pundits of property like Winstanley, Marx have condemned it as ruinous of human embodiment, a negative methods in connection an ontological end.
In all the above cases, property is taken as a methods not as an end.
Property as an End in itself
The supporters of liberal Utilitarian model, from Locke to Bentham, perceive property as an end. It is amplification of utilities. As per Bentham, the order of utilities is estimated by the material riches. The amplification of material riches is undefined from the moral end; property is for all intents and purposes an end in itself. In the expressions of Locke, the boundless collection is a characteristic right of the person that is an end in itself. Aristotle and Aquinas have thought of, ”property as a methods, closed for a restricted property.
three strikes law
Three-strikes law currently exists in nearly 20 different states. It was launched by the father of an 18 year old girl who was murdered by a man in 1992 with an extensive criminal record. Due to the severity of the crime and the increase in crime rate, government introduced this law as an official law later in 1993.California holds the highest record when it comes to the implication of “three-stakes law”, also called as the biggest penal experiment of its kind in modern American history due its differentiated provisions like the widely advertised 25 years of life imprisonment, but also doubling of nominal sentence for many second-strike offenders.
Over the years, this law has faced some serious controversies and criticisms, one of them being that the third strike need not be a conviction for violent or serious felony. Any conviction included even a non-violent crime to be sentenced for 25 years jail. Due to this fault in the law, America became the house of the world largest prisoners even beating Saudi Arabia and Venezuela. Later in 2012 , the law was adjusted to declare third strike only if it was a very violent or serious felony.
The Government must realize the need of the hour and must implicate serious action to put a stop end to such crime. In a country where the crime rates increase more than literacy rates, implementation of “Three strikes law” could be a hope for this country where animals are safer than women. As the surveys and data show, most of the times, the criminal is known to the victim and also has a list of crimes committed prior. This law promises to eradicate such criminals who have no fear of law or constitution. Once a rapist has been convicted for 25 years, other criminals will be forced to think 100 times in the second strike stage because next is “knockout”, with no way out for them once the sentence has been declared. Such is the promise of this law, which is fair, unbiased and believes in prompt justice to be delivered for the serious or violent felony committed.
THE PERKS OF A BASEBALL RULE :
As a rule which takes an offender’s criminal history into account, three strikes law emerged as a weapon to deal and control the ever increasing rate of crimes. The main objective was to reduce recidivism through both incapacitation and deterrence as its proponents believed that the most incorrigible criminals deserves particularly punitive sentences. Moreover, because young adults remain responsible for the majority of the crimes, any deterrent effect of this group should significantly reduce the crime rate.
Being a potent law-and-order metaphor, three strikes law reaped its benefits by removing potentially violent offenders from the general population and thereby keeping the people safer. According to the Bureau of Justice Statistics, 77% of all prisoners are arrested again within five years of release. Further, the deterrent effect of three strikes laws can be understood best by analyzing the law’s impact on crime in California, where in 1998, the office of Attorney General Office claimed, since it enacted its three strikes law in 1994, crime has dropped 26.9 percent, which translates to 815,000 fewer crimes. Thus, the deterrent effect of the rule ‘three strikes, you’re out’ in California proved its purpose as criminal statistics was brought down and courts could establish speedy hearings.
Celebrations are overwhelming festivals of different things. They happen at normal stretches and aiding in breaking the repetitiveness of life. Moreover, they allow you to commend the little and enormous things throughout everyday life. Celebrations are the transporters of harmony and bliss in the networks. All countries of the world have certain strict and social celebrations. Nonetheless, India is perhaps the biggest nation to commend various celebrations. As India is an exceptionally social and various nation, so are the celebrations. They isolate into three general classifications of national, strict and occasional.
As we can partition the Indian celebrations into national, strict and occasional, we perceive how they contrast from one another. All in all, national celebrations are praised to pay tribute to respectable individuals and occasions. The strict ones follow legends of religions and their convictions. The occasional ones are commended with each season that we experience that shifts from district to locale.
The National celebrations incorporate Republic Day, Independence Day, Gandhi Jayanti and that’s only the tip of the iceberg. These celebrations are commended all over India. All the residents of the nation praise them regardless of the religion, standing, belief, and sex. Everybody praises them with incredible nationalism. These celebrations are gazetted occasions everywhere throughout the nation and are appreciated with incredible energy.
Dementia is a progressive and sometimes chronic brain condition that causes problems with person’s thinking, behaviour, and memory.
Dementia itself is not a disease, but a syndrome, its symptoms are common to several brain diseases. It worsens over time. But medications might slow that decline and help with symptoms, such as behaviour changes. There are many different types of dementia. The treatments depend on the type of dementia.
Alzheimer’s Disease-Experts think between 60%-80% of people with dementia have this disease. It’s what most people think of when they hear “dementia”. Symptoms such as memory loss and trouble planning and doing familiar tasks.
Symptoms – mild at first but get worse over a number of years,confused about where he/she is or what day or year it is, Have problems speaking or writing, lose things and be unable to backtrack to find them, show poor judgement, have mood and personality changes
Vascular Dementia – If a person gets this type of dementia, it’s usually because he’s had a major stroke, or one or more “silent” strokes, which can happen without him realizing it. The symptoms depend on which part of his brain was affected by the stroke. While Alzheimer’s usually begins with memory problems, vascular dementia more often begins with poor judgment or trouble planning, organizing, and making decisions.
Symptoms – Memory problems that disrupt your loved one’s daily life, trouble speaking or understanding speech, problems recognizing sights and sounds that used to be familiar. Being confused or agitated, changes in personality and mood, problems walking and having frequent falls.
Dementia with lewy bodies – Lewy bodies are microscopic deposits of a protein that form in some people ‘s brains. They’re named after the scientist who discovered them.
If someone you know gets DLB, it’s because these deposits have formed in the part of the brain called the cortex.
Symptoms – Problems thinking clearly, making decisions or paying attention, memory trouble, seeing things that aren’t there, known as visual hallucinations, unusual sleepiness during the day, periods of “blanking out” or staring.
Problems with movement, including trembling, slowness, and trouble walking. Dreams where you act out physically, including, talking, walking and kicking.
Firstly, we have to understand that Parents are not Gods, they are also human beings, we all are flawed in various aspects. Just because the fact that they are “parents” or “older than us”, does not justify everything. It is wrong on their parts as well if they go violent on one another. Maturity depends on the kinds of work you do or your mental stability in life, not anything else. No man is perfect on the earth, whether being the father or the mother. There is absolutely no concept like Perfection. If they do not care of the feelings or unable to guess the traumatic experience the child goes through, the whole idea of worshipping Parents and accepting their unnecessarily rude behavior isn’t correct on the child’s parts as well. Parents are not free from all sorts of punishment if they commit Domestic Violence. Parents can be undignified or lack morality in certain cases if they aren’t having a normal mindset. A person reaching the age of adulthood doesn’t mean he holds values, a literate and educated person shall also be involved into domestic violence, without any concrete cause or basics. Home is a sweet place where harmony and peace shall prevail. Domestic violence is a punishable offence. The Protection of Woman from Domestic Violence Act, 2005, this is a civil Law which includes Physical, Emotional, Sexual, Verbal, Economic abuse as Domestic Violence. is enacted by the Parliament of India. It was bought into force by Indian Government from 26th October, 2006. Domestic Violence is toxic and impacts the mind of children a lot. Violence is basically the practice of abusing or torturing a family member member especially the companion either physically or mentally. This is so distractive for all the members of the family and surroundings also. Domestic violence can be for various reasons. When a person attacks on his family members, it is against the Law and disrupts the whole healthy atmosphere. This violence especially happens for a longer span of time and is mostly incurable. This person can be very jovial and happy person on the outside, but at home he fights or beats his family creating harassments. He certainly has no control over his anger, emotions and is desperate in nature. Maybe he has experienced the same in family which he is practicing now. He even tends to hurt his wife or kids by brutally beating them up. This person can also be alcoholic by nature. The person who is going through all the hate or harassment find it difficult to lodge a complaint by fear of society. It is easier said than done. The toxic person keeps on screaming or shouting, also using filthy languages at the top of his voice. this not only toxics the family but the surroundings as well which is embarrassing. A child who grows up in such a family has a hard time coping up with the situation as this is not a normalized behavior. He thinks he isn’t privileged enough like his friend’s happy family is. He grows up to be arrogant and short tempered. His reckless and selfish nature is basically the result of the domestic violence faced by him. The child can also choose to change the whole circumstances by preparing himself for the best and making himself capable of taking the charge of his family. This is the only way he can adopt to change his present situation. Not by repeating the same mistakes his parents did whereas focusing in achieving a lot more and better. Mostly, the Women are victims of Domestic Violence. There has been several cases on torturing on wives after marriage due to money, even killing them which is a heinous crime. A lot of women dies every year in the hands of Husbands or in Laws unfairly.
According to a National Family and Health Survey in 2005, total lifetime prevalence of Domestic Violence was 33.5 percent and 8.5 percent for sexual violence amongst women aged 15-49. A 2014 study in Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means violence affects 27.5 million women over their lifetimes. a Survey carried out by Thomson Reuters Foundation ranked India as most dangerous country in the world for Woman.
POWER OF VETO
Veto is an executive power to prevent any bill becoming a law. Normally all the modern constitutions confer this power upon the executive in order to prevent any unconstitutional matter getting passed as a law. There are four types of veto namely:
- Absolute veto
- Qualified veto
- Suspensive veto
- Pocket veto
Absolute Veto: If the President declares that he withholds his assent to the bill presented to him, the bill is dead. The legislature cannot override this veto by any majority.
Qualified Veto: It is a veto that can be overridden by the legislature by an extraordinary majority (special majority) prescribed by the constitution or any law. In the USA, the presidential veto in certain bills can be overridden by the resolution of the legislature passed by a special majority. But in India this type of veto is not available.
Suspensive Veto: It is a veto that is overridden by a resolution passed by the legislature supported by an ordinary (simple) majority. The President of India enjoys this veto. According to the proviso of Article 111, when the President returns a non-money bill for reconsideration of the House, the President is exercising his veto power. He declares that he will give his asset to the bill in the form in which it is passed by the House. In that case, the House needs to reconsider and pass the bill again. It is the discretion of the House to either accept the recommendations of the President.
Once reconsidered and passed, the bill is presented to the President for his assent. At this juncture, the President does not have any choice but only to give his assent. Since the constitution does not prescribe any special majority for this the presidential veto is overridden by an ordinary (simple) majority. Hence, this veto is known as suspensive veto.
Pocket Veto: It is not a veto in the true sense of the term veto. It is a consequential power. The constitution does not prescribe any specific time limit within which the President needs to declare his decision on giving assent to a bill. Therefore, it implies that the President can take any length of time to decide on the bill. When the President retains the bill with him without declaring his decision, it is known as the President ‘sitting on the bill’. After the expiration of a considerable length of time, the bill may lose its relevance even if it comes to force and hence, it is almost dead. In such cases the President is said to have pocketed the bill. This is known as pocket veto.
INDIAN PRESIDENT—A COMBINATION OF VETO POWER
The President of India enjoys a combination of veto powers. He possesses a combination of absolute, suspensive and pocket veto. He enjoys these veto powers in accordance with the type of the bill. This is an executive power which the President is to exercise with the aid and advice of the Council of Ministers.
The President enjoys absolute veto with respect to:
- Ordinary bills passed by the Parliament: The ordinary bills passed by the Parliament can be absolutely vetoed by the President, on the advice of the Council of Ministers. After passing a bill the circumstance could change and a need for abolishing the bill may arise. For instance, in Jammu and Kashmir the legislature passed a bill that took away the right to inherit property for the Kashmiri women who married non-Kashmiri men. This bill met with huge public opposition and the government could not go ahead. So, the government advised the Governor to absolutely veto the bill. In case this power to absolutely veto the bill is not available, it would require another law to replace it or to declare it invalid. That would be a cumbersome and expensive process. However, in practice absolute veto is usually exercised in case of Private Member’s Bills. With respect to Government Bills, absolute veto is exercised in circumstances when the government resigns or removed.
- Money Bills passed by the Parliament: Although the Money Bills are introduced in the Parliament with the previous recommendation of the President, it does not bind the President to give his assent. Since, it is introduced on his recommendation he cannot return the bill for reconsideration. Article 111, expressly prohibits the President form returning the Money Bill for reconsideration. If he needs any clarification on the bill, he has to clarify at the stage of introduction itself.
- Private Member’s Bills: A bill introduced by the member who is not a minister is known as Private Member’s Bill. The President absolutely vetoes the bill if the Council of Ministers advised him to veto the bill.
- Financial Bills passed by the Parliament: Financial bills are Ordinary Bills for all the practical reasons of passage in the Parliament. Hence, such bills can also be absolutely vetoed.
- State Bills reserved for his consideration: According to Article 200, the State Bills can be reserved for the consideration of the President. The Governor of the State is empowered to reserve the bills, including the money bills, presented to him for assent. According to Article 201, the President has the powers to veto the bills absolutely.
The President enjoys suspensive veto with respect to the Ordinary Bills including the Financial Bills of both the union and the States. In any case, the President cannot return a Money Bill for the reconsideration of the House.
Since the constitution does not prescribe any time limit for the President to declare his decision, the President can retain any bill submitted to him. Thus, over a period of time the bill might lose its relevance and be dead. The postal amendment bill passed in 1984 was pocket vetoed the President.
CONSTITUTIONAL AMENDMENT BILLS
After the 24th Amendment Act, 1971, the President does not enjoy any veto power with respect to the constitution amendment bills. Article 368 (2), makes it mandatory for the President to give his assent to the constitution amendment bill when passed by both the Houses of the Parliament and presented to him for his assent. Thus, the President of India enjoys a combination of veto power.
POWERS OF PRESIDENT
According to Article 53, all the executive powers of the union are vested in the President. The executive powers of the President are multidimensional in character and it includes the powers of the nature of:
- Administrative powers
- Legislative powers
- Pardoning powers
- Military powers
- Diplomatic powers
- Miscellaneous powers
Although these powers are classified into many groups, they are executive powers of the President which he shall exercise only with the aid and advice of the Council of Ministers.
(a) Administrative Powers: Administrative powers are those are required for the purpose of the making and implementing policy, law and administrating the departments of the government. The administrative powers include:
- The power to appoint and remove persons to various offices under the Government of India. All the constitutional offices such as Prime Minister, Council of Ministers, judges of Supreme Court and high courts, Comptroller and Auditor General of India, members of UPSC, etc.
- Most of the incumbents, except a few such as the judges of Supreme Court and high courts, Comptroller and Auditor General of India, hold office during the pleasure of the President. For instance, the ministers of the union hold office during the pleasure of the President. [Article 75 (2)]. Therefore, the President also the powers to remove those who he appoints from office.
- According to Article 77, the President has the powers to ‘make rules for the more convenient transaction of the business of the government’. He also has the powers to allocate the portfolios to the ministers. Exercising this power, the President has made the Allocation of Business Rules and Transaction of Business Rules.
- Article 77 also empowers the President to create and abolish various ministries and departments.
- According to Article 78, the President as the head of the State and administrative head, has the powers to:
- Be informed about the decisions of the Council of Ministers relating to the affairs of the union.
- Call for any information relating to the administration of the affairs of the union.
These are the duties of the Prime Minster. Thus, Article 78 confers upon the President the power to supervise and call for report. These are some of aspects of the executive power.
(b) Legislative Powers: The legislative powers of the President are the executive powers of legislative nature because such powers are exercised by the President in accordance with the aid and advice of the Council of Ministers. Also, they are subjected to judicial review. The Legislative powers include:
- Article 79: The President is part of Parliament.
- Article 80: The President has the powers to nominate twelve members to be nominated from among the ‘persons having special knowledge or practical experience in respect of literature, science, art and social service’.
- Article 331: President has the powers to nominate two members of the Anglo-Indian community, if in his opinion the community is not adequately represented in the House of People.
- Articles 85 and 108: The President has the power to summon and prorogue the Houses of the Parliament from time-to-time. However, he has to ensure that not more than six months expires between the last sitting of the previous session and the first sitting of the next session. He also has the power to dissolve the Lok Sabha, when the term of the Lok Sabha expires or whenever it is required and call for election. Article 108 provides for the power of the President to convene a joint sitting of both the Houses of the Parliament to resolve the deadlock between the two Houses in respect of an Ordinary Bill.
- Articles 86 and 87: Provides for the right of the President to address the Houses of the Parliament and send messages to the Houses. The President can address the Houses either separately or jointly. For the purpose he can require the attendance of the members. The President also has the right to send messages to the Houses. Article 86 provides for the special address by the President. The first session after every general election to Lok Sabha and the first session of the Parliament every year begin with the President’s address. The President informs the members the cause of the summoning of the Houses.
- Previous Sanctions to Bills: Certain bills can be introduced into the Parliament only the previous recommendation of the President. Such bills are:
- Bills relating to creation of new states or the alteration of the names, areas or boundaries of any existing State (Article 3).
- The bill providing for compulsory acquisitioning or requisitioning of property under Article 31A.
- Money Bills can be introduced only with the previous recommendation of the President (Article 117).
- Any State Bills imposing restriction upon freedom of trade (Article 304).
- Bills affecting taxation in which States are interested [Article 274 (1)].
- A bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill [Article 117 (3)].
- Assent to Bills: According to Article 111, after a bill passed by the Houses of the Parliament, it is presented to the President for his assent. When a bill is presented to him the President may:
- Declare that he gives his assent, in this case the bill will become a law or;
- Declare that he withholds his assent, it means the President has vetoed the bill and the bill is dead or;
- Return the bill to the House in which it originated for reconsideration, with or without certain recommendations for amendment.
- Ordinance Making Power (Article 123): Article 123 confers upon the President the power to promulgate ordinances in certain circumstances/contingencies when the Parliament is not able to enact a law. ‘If at any time, except when both the Houses of Parliament are in session, the President is satisfied that the circumstances exist which render it necessary for him to take immediate action, he may promulgate’ ordinances.
(c) Pardoning Powers: All the modern constitutions confer the powers to pardon upon the executive. It is an executive power of judicial nature. It is vested in the President to correct any error that may occur in the judicial decisions for no human system is perfect. The pardoning powers of the President comprise a group of five powers, each having distinct significance and legal consequence namely:
Commutation: It means to substitute one form of punishment with another punishment of lighter character. For example, reducing the death sentence to life imprisonment is commutation.
Remission: It means to reduce the amount of punishment without changing the character of the punishment. For example, it is to reduce the number of years of imprisonment to a convict.
Respite: It is to award a lesser punishment instead of the prescribed punishment in view of certain special reasons such as the age of the convict or pregnancy of a woman.
Reprieve: It is to stay the execution of a sentence during when the petition for pardon is pending before the President or the Governor.
Pardon: It absolves the offender from all sentences, punishments and disqualifications.
According to Article 72, the President can exercise the above powers with respect to any offence committed against the law enacted by the union Parliament. The President is the only authority who can grant pardon in respect of:
- All cases in which the sentence is one of death;
- A sentence of a court martial.
The Constitution of India does not specify the manner in which the President to exercise the pardoning powers. He has to exercise the power only in accordance with the aid and advice of the Council of Ministers, like other powers. According to a series of decisions of the Supreme Court and of some high courts:
- The exercise of the power by the President under Article 72 is primarily a matter for his discretion and the courts would not interfere with his actual decision on the merits.
- But courts exercise a very limited power of judicial review, to ensure that the President considers all relevant materials before coming to his decision.
- The President can, in the exercise of this power, examine the evidence afresh. In doing so, he is not sitting as a court of appeal. His power is independent of the judiciary. He can, therefore, afford relief not only from a sentence which he regards as unduly harsh., but also from an evident mistake.
- The President is not bound to hear a petitioner for mercy before he rejects the petition.
(d) Military Powers: According to Article 53 (2), the President is the supreme commander of the armed forces and the exercise of this power is regulated by the law. Thus, the President is only authority who can declare war and peace.
(e) Diplomatic Powers: The President is the only authority who delegates the Indian envoys to foreign countries and it is to him the foreign envoys submit their credentials.
(f) Miscellaneous Powers: Other powers of the President than the above are included in the miscellaneous powers. Such powers include:
- Administration of the Union Territories: Union Territories (UTs) are under the direct administration of the Union government. The President carries out the administration of the UTs. The administrator is responsible only to the President. Final legislative power to make regulations with respect to Andaman and Nicobar Islands, the Lakshadweep, Dadra and Nagar Haveli is with the President. According to Article 240, President has the power to amend any law of the Parliament to apply to these UTs. He may even repeal any law relating to the UTs.
- Administration of Tribal areas: With respect to the Scheduled Area and Tribes and Tribal Area in Assam the President has certain special powers which are mention below:
- The President has the power to declare any area to be a Scheduled Area. He also has power to alter the Scheduled Area (Schedule V Para 6).
- According to Para 4 of Schedule V, the President has the powers to direct the establishment of a Tribes Council in the States having Scheduled Tribes.
- The regulations made by the Governor of a State for the peace and good government of the Scheduled Areas has to be submitted to the President and assented to by the President for it to come to effect [Schedule V Para 5 (4)].
- President has the powers to give directions for the administration of Scheduled Areas and direct the Governor to make report on the administration [Schedule V, Para 3].
- Special Powers in respect of Scheduled Castes and Scheduled Tribes: The President has certain special powers and responsibilities regarding Scheduled Castes and Tribes:
- According to Article 341, the President has the power to draw up the list of Scheduled Caste in the States and UTs in consultation with the Governor.
- According to Article 342, the President has the power to draw up the list of Scheduled Tribes in the States and UTs in consultation with the Governor.
- Emergency Powers: The emergency powers are vested in the President. Articles 352 to 360 deal with the emergency powers. Article 352 provides for National Emergency. According to Article 356, the President can proclaim constitutional emergency based on the report of the Governor or otherwise. Article 360 confers the power to proclaim financial emergency.
- Other Powers: According to Article 213, the President has the power to give instructions to the Governor to issue ordinances in case the bill containing the same provisions requires the previous sanction of the President. The President can refer any matter of public importance to Supreme Court for its opinion.
Introduction to Contract
Contract is derived from the Latin word “Contractum” which means drawn together. Contract is defined under Indian contract act 1872 in Section (2)h an agreement enforceable by law. In other words the contract is an agreement between two parties which creates mutual legal obligations for some consideration. A contract may be in written or oral. It is better if in written form because it is comprehensive. In earlier contracts were recognized through transaction sale, mortgage, loan, pledge, bailment etc. In modern era all business agreement revolves around contract. The essential for the valid contract are an offer, acceptance, valuable consideration, legal intention, performance of contract by valid party .
The Indian Contract Act brings within its ambit the contractual rights that have been granted to the citizens of India. It endows rights, duties and obligations on the contracting parties to help them to successfully conclude business- from everyday life transactions to evidencing the businesses of multi-national companies. Indian Contract Act, which was passed on 25th April, 1872, came into force with effect from 1st September, 1872. The law of contract is contained in the Indian Contract Act 1872, which deals with the general principles of law governing all contracts and covers the special provisions relating to contract like bailment, pledge ,indemnity, guarantee, and agency. Originally, before 1930, this Act also contained the special provisions relating to contracts of sale of goods and partnership. In 1930, however, these provisions were repealed and separate acts called the ‘Sale of Goods Act’ and the ‘Indian Partnership Act’ were passed governing the contracts of partnership.
There are many sources that influenced the contract law but mainly it classified into 3 major categories:
1) Judicial decisions
In the era of globalisation and liberalisation mutual relationship between the country is essential for the stepping development. The factors of globalisation also influence the contract law any country. It pursue a country to be update or amend the contractual obligations with respect to modern circumstances. In India Indian contract of 1872 is applicable throughout the country in uniform manner.
Shakuntala Devi:The Human Computer
I believe the human mind is far superior to computers and it’s unfair to compare the two.-Shakuntala Devi
Shakuntala Devi (4 November 1929 – 21 April 2013) was an Indian writer and mental calculator, popularly known as the “Human Computer”. Born on November 4, 1939, Shakuntala Devi could not receive any formal education due to financial constraints. She was admitted to St Theresa’s Convent in Chamarajpet (Bengaluru) in Class I, but had to drop out as her parents could not afford the monthly fee of Rs 2. When she was just six years old, Shakuntala displayed her arithmetic abilities at the University of Mysore.
In 1977, at Southern Methodist University, Shakuntala Devi gave the 23rd root of a 201-digit number in 50 seconds. Her answer—546,372,891—was confirmed by calculations done at the US Bureau of Standards by the UNIVAC 1101 computer, for which a special program had to be written to perform such a large calculation.
On 18 June 1980, she demonstrated the multiplication of two 13-digit numbers—7,686,369,774,870 × 2,465,099,745,779. These numbers were picked at random by the Department of Computing at Imperial College London. She correctly answered 18,947,668,177,995,426,462,773,730 in 28 seconds, which was the time taken by her to speak the answer. This event was recorded in the 1982 Guinness Book of Records.
In 1988, she travelled to US to have her abilities studied by Arthur Jensen, a professor of educational psychology at the University of California, Berkeley. Jensen tested her performance at several tasks, including the calculation of large numbers. Jensen published his findings in the academic journal Intelligence in 1990.
In 1977, she wrote The World of Homosexuals, the first study of homosexuality in India, for which she was criticized. In the documentary For Straights Only, she said that her interest in the topic was because of her marriage to a homosexual man and her desire to look at homosexuality more closely to understand it.
In addition to her work as a mental calculator, Devi was a notable astrologer and an author for several books, including cookbooks and novels.
NASA’s Perseverance Rover Launched on Ambitious Mission to Mars
NASA’s Mars 2020 Perseverance rover lifts off from Cape Canaveral on july 30,2020.Also the rocket provided by United Launch Alliance is the technology experiment Ingenuity Mars Helicopter
Perseverance is a Mars rover manufactured by the Jet Propulsion Laboratory for use in NASA‘s Mars 2020 mission. Nearly identical in design to the Curiosity rover, Perseverance will carry seven scientific instruments to study the Martian surface at Jezero crater, 23 cameras in total, and two microphones. The rover will also be accompanied by the helicopter Ingenuity, which will help Perseverance to scout for locations to study.
ON THURSDAY MORNING, NASA launched its new Mars rover, Perseverance, on a six-month journey to the Red Planet. The car-sized rover was boosted into space atop a United Launch Alliance Atlas V rocket that departed from the Kennedy Space Center in Florida. It’s the third and final Mars mission to depart Earth this summer; earlier in July, China and the United Arab Emirates also launched their first Martian explorers.
Perseverance will enter the tenuous Martian atmosphere going more than 10,000 miles per hour, which means that as it slices through the air it will experience temperatures of nearly 4,000 degrees Fahrenheit. “The heat shield really takes the brunt of hitting the atmosphere,” says Tice of the lander’s protective structure. But if it works as it’s supposed to, inside its protective casing the rover and its sensitive equipment will never experience temperatures much warmer than a hot summer day in the desert. This is because the ablative heat shield dissipates heat as its layers are burned off.
If there was ever life on Mars, these samples may very well prove it. It would be a monumental discovery that would fundamentally change our understanding of life as we know it—and it all starts today.
NEED FOR SPORTS IN CURRICULUM FROM PRIMARY SCHOOL
Educating the young minds of the significance of exercising is indeed the need of the hour.
Even though the advancements in technologies are a boon than curse, we as a being are pouncing backwards; kids going out and making friends while playing at the school and grounds are not the same anymore.
Finding solace from the nuances of various gadgets from a tender age, often neglecting the risks of adapting to the most unhealthiest living condition possible.
Inclusion of sports among students from a very young age at the school level has turned out to be the need of the moment.
Neglecting the temple of the person is no way to live. Not only does it make the kids outright risk averse to dangerous diseases and other adversities.
Numerous studies have shown that the lack of sports and other physical activities among young children are making them more prone to adverse health conditions like high blood pressure, metabolic syndromes, lower immunity levels and other severe cardiovascular diseases.
Times have changed, for far worse than good. Changes are neccessary and inevitable too, however a balance is neccessary.
With the teachers and families substituting the kids play time by asking them to focus on core academics poses a major threat to the lifestyle habits of the promises of the tomorrow. Making them blossom as beings neglectful of the needs of physical activities.
The mere insensibility of the grownups with regards to it, has made the kids adapt to a life void of physical activities at the core. Carving generations of “couch–potatoes.”
The fear of the mentors and elders to help their cubs secure a strong future is often making them skip out from taking part in sports, petrified of their little minds drifting away from doing well at academics.
However, what they don’t realise is the damage is already done, portraying doing well at academics has made kids consider it as a prerequisite to do well in life. Making them unaware to the fact that building up of life skills and holistic learning is what is perenial for sustainable growth of an individual and the society at large.
With the everlasting modernisation, not going out to go and play makes them fall short to learn a lot of stuff perpetual to learn as budding individuals – to engage and socialise, being a teamplayer, to communicate better and to learn it the hardway that winning and losing are just two sides of a coin.
The morale of the kids who are gifted in other spectrums of life are more intensely troubled than others. The denial of a chance to discover for their own-selves of what their gifts and aspirations are a greater peril to mankind. Life is too short not to endeavour upon the desires of one own, for the benefit of doubt of another.
Times have passed where the elders at home had to go hell-bent to get the kids back home from playing out, but now getting them to do the same is the struggle.
The blame couldn’t be totally be put on them, the ones troubled by this are also more responsible than the former. The hyper competitive scene exaggerated by the teachers and parents has had a toll on them.
Ironic but can’t be allowed for long. Transcending times require swift actions. With the folks at school leaving the leaves unturned with regards to it; it’s about time the folks at home understood the need for it and put their foot forward for a better tomorrow.
A Look into the 2020/21 Premier League Season: Predictions and Much More
This footballing season has been one of its kind in many years. With the coronavirus pandemic halting the season in between, the season went on for long than ever anticipated. But for football fans, its football and football all around. The new season of the English Premier League begins in September, 2020. With the previous season being one of the most unpredictable one, with Liverpool winning their 1st title after 30 years. The side which never looked to compete for a place in the top 4 before the 2019/20 season started, finished in the top 4, i.e., Manchester United. With the new season approaching, we look at the possibilities of who could be title contenders this season, and who are the contenders for the top 4 positions in the league.
With the huge transfers made by Chelsea already, they have invested brilliantly in youth and with Frank Lampard at the helm, Chelsea are the ones who could challenge for the Premier League title next season with the likes of Liverpool and Manchester City. The other contenders as earlier stated would be the same two opponents who have performed brilliantly over the past two seasons, Manchester City and Liverpool. With Liverpool winning the title this season and with the quality of players they have, like Sadio Mane and Mo Salah and with their ever determined captain Jordan Henderson. For Manchester City, this could be a defining point in Pep’s career, with every team getting stronger and with Manchester City not having a good season this time, the next season is very crucial for Pep as a manager and Manchester City as a team. These three are the real title contenders of what I feel given the squads they have and the form they displayed the previous season. But if I am given a situation to pick one team for the title, I would choose Chelsea over the other teams.
As we know that the Premier League is a long tournament, with 38 games to be played by each and every team. And with the young and enthusiastic squad Chelsea have got, they are certainly top contenders. Also, with a manager like Frank Lampard, who has spent most of his footballing career at the Stamford Bridge, this is surely the big bonus for Chelsea. Also, with Manchester City juts falling a little bit apart this season and with not such a strong defensive line, they would not make it to the title I guess this season. And as far as Liverpool are concerned, they would be the closet to challenging Chelsea this season. For the top 4, I feel the obvious 3 places will be taken by Chelsea, City and Liverpool and for the 4th spot there will be tough competition between the other top sides which are in rebuilding process. Yes, I’m talking about Manchester United, Arsenal and Spurs. With this season being brilliant for Manchester United, the same wasn’t the case for Arsenal and Spurs. Arsenal had a distortful season, just able to finish in the top 10 somehow. But I feel they would do a lot better next season with Arteta at the helm. What Arteta needs to do is find some useful defensive line so that they can fight for a Champions League spot next season. And now talking about Spurs, I feel they have a better chance of qualifying for the Champions League with a world class manager like Jose Mourinho. But for what has so far transpired in the transfer window, I feel Manchester United would once again be in the top 4 next season, with the type of squad they have. Be it the likes of Bruno Fernandes, Paul Pogba or the defensive line headed by the captain Harry Maguire.
This is my prediction for the next season in the English Premier League starting in September.
Vlog is a new age method of showcasing talents. Vlog is a modern term which is extremely relevant to this days as this platforms serves an economic purpose too. Vlog is a system in which a person holds the camera and records himself an speaks simultaneously regarding the content. Vlog is a word created by joining two different words like Video Logging. The process is known as Vlogging. Vlog helps the passionate people in much better ways as many a times due to shortage of time they cannot practice their likings. Also, most of the people fails to get proper recognition in spite of having proper talent or knowledge. It is okay to brush up skills and that is going to separate you from the rest. Vlog has arrived after the concept of Blogging became popular. Blogging is a form of writing regarding various topics. Vlog is different from Blogs in the way that Vlog contains not only texts but also videos and audios. This is a much hyped platform for income these days. You need to have proper internet connectivity to ensure better viewing. This is a programming in which you can depict what you have got exceptionally as the whole world has access o your talents. Vlogs are made up on an international site known as YouTube. YouTube gives you a field to support your raw talents and lot of people gets inspiration from this. Vlogs are a place of income for many people. The content created here is copyright protected and belongs solely to the creator himself. The creator especially makes channels for creating content. Vlogs can be made up on various topics like reviewing foods, dresses which would help and guide you in choosing the better products, also gives you an idea for the cost. A person shoots and uploads these videos on a regular basis, within a fixed time. The viewers are subscribed to the channels for updates, these channel are especially free and not paid. India is having a lot of YouTubers who has opened channels for making funny videos. Youngsters may also learn from YouTube as it provides the study materials as well. The professors and teachers also have these YouTube channels which provides lectures for students free of cost. This is a much easier way for studying as books are not needed here and you can rewind or download it whenever you need. Challenges are also taken up by a lot of people which is an entertainment provider and fun to watch. The kids enjoy these shows in their free times. Vlogs are gaining a lot of popularity over the years, there are so many creators who devote their entire time in this work, i.e., making this their full time job. You need to be consistent and grow your channel for gaining viewers which would pave the path for income. Vlogs also supports advertisements as many smaller companies invests their products to these creators and gets their products reviewed. Vlogs in short benefits the target audience worldwide. A content can also be on Trending if it is of great quality and has millions of viewers. This is indeed a great platform for upgrading skills and as because we are in a modern world, showing off the talents to others is the best part. Also many celebrities makes vlogs to give you a glimpse of their personal life of how they carry out themselves.
Saturday 10th August is going to be celebrated as the “Vlog Day”. Adam Kontras, created the World’s first vlog, while going off to a country road trip to Los Angeles to pursue his interest of being into Show business, he made this to share it with his friends and relatives. Vlogs mainly gained popularity on 2005s. By July 2006, YouTube has become 5th most renowned web destination with 100 million videos viewed daily and 65, 000 new uploads per day. Charles Trippy holds the Guinness World Record for most constructive daily personal vlogs posted on YouTube with over 3000 consecutive videos, under the Internet skilled Television YouTube channel.
Doctrine of Privity of Contract
we don’t allow a stranger to enter into our dealings or contracts and that is why the rule of privity came into existence. However, there are exceptions to this rule. i have tried to explain the same in this article.
The concept of privity of contract says that there cannot be a stranger to a contract. It means that any third party to a contract cannot involve into of the contract. This means that he/ she who is not a party to the contract does not hold the right to sue or cannot sue a party to the contract. This right is reserved only to the parties of the contract. This means that privity of contract is a legal doctrine that confers rights and imposes duty only on the parties to the contract and no stranger or a third party.
This is mainly because only the parties to the contract are in a legal relationship and not the other party and therefore, they are only answerable to each other when there is a breach of contract and the third party is not given the right to interfere. This principle has evolved with the change in time. Here, we must understand two major parts of the privity rule namely: –
- Privity of contract
The concept of privity of contracts mainly talks about who is eligible to sue or can be sued in a contract, which is dispute redressal mechanism in a contract.
- Privity of consideration
To understand the privity of consideration, we must look into sec.2(d) of the Indian contracts Act,1872 which states that (When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise) at the desire of the promisor the promise or any other person ( which may be a person who is not a party to the contract ) has given the consideration. This tells us that as long as the consideration is given, it is immaterial who has given it.
However, there are a few exceptions to the rule of privity.
One of those is Trust or beneficiary. A trust is an organisation set up in the objective for giving some sort of benefit to the beneficiaries. It is a fiduciary relationship in which one party is the trustor and the other party is the trustee. The beneficiary Is a person who receives benefit from the contract between the trustor and trustee. It is considered that beneficiary is a third party to this contract and therefore will not be able to sue the trustor or trustee in case of any breach of contract if the privity rule is followed. But by the breach of the contract between the trustor and trustee, the beneficiary is affected and therefore he/she must be allowed to sue the parties to the contract in case of any breach and thus, it is declared as an exception to the privity rule.
An example for the beneficiary rule is
A executed an agreement with B’s father in the consideration for B’s marriage with A’s son will give Rs500 every month. Both the husband and wife were separated and the suit was brought by the daughter and she was not a party to the contract. It was held that thought the daughter was not a party to contract, she is eligible to file the case because she is a beneficiary to the contract. This case stands as an exception to the privity rule.
An example for Trust
A was appointed by his father as his decedent and was given the entire estate. In return Agreed to pay a certain amount and give a village to B. But A failed to do this. It is observed that the A’s father is the trustor, A is the trustee and B is the beneficiary in this case. This is because B is receiving a benefit from the agreement between A and A’s father. The question is whether B can sue A? The court said that B is eligible to sue A though he is not a party to the contract in this case because it is an exception to the privity rule.
Therefore we can conclude that trust and beneficiaries are an exception to the privity rue and they possess the right to sue a party to the contract even though they are not party to the contract.
 Khwaja Muhammad Khan v. Husaini Begum 1910 SCC OnLine PC 15:(1909-10) 37 IA 152.
 Rana Uma Nath Bakhsh Singh v. Jang Bahadur 1938 SCC OnLine PC 41: AIR 1938 PC 245.
Cases on Doctrine of Remoteness of Damages
There are many cases related to the doctrine of basic structure and the wagon mound case is one of the most famous cases under this doctrine. it is explained below:-
The wagon mound case.
The wagon Mound was an oil burning vessel that was charted by the appellants, overseas Tankship ltd. was taking fuel at the Sydney port and the respondents, Morts Dock Company, owned a Wharf where repairs and of a ship and welding works were going on there. Due to negligence of appellant’s servants a large quantity of oil spilt out of their possession and it was carried on to respondent’s wharf. this resulted in molten metal with water and fire causing a damage to the wharf and equipment. it was said that the appellants could not forsee that the oil would catch fire. The trial court applied the rule of directness and held that the appellants are liable. Privacy council held that the appellants are not held liable. The rule of proximate cause was established in this case for the first time.
CASES RELATED TO DOCTRINE OF REMOTENESS OF DAMAGES IN INDIA
- Municipal Board, Kheri vs Ram Bharosey And Ors.
The plaintiff granted a license to build a flour mill next to the respondent’s house and the house of the respondent was damaged due to the vibrations produced by the mill.
The Allahabad High Court held that the plaintiff will not be held liable because the damage did not arise as a direct consequence of the plaintiff’s act of granting the license. The court also laid down the following tests of remoteness: –
- Consequences intended by the wrong doer are will not be considered too remote.
- Consequences that are reasonable and probable will not be considered too remote.
- Consequences that are direct are not too remote even if they could not have been reasonable of foreseen.
- Shantaben Ambalal Sutaria and … vs Valjibhai Harjibhai Patel And ors.
the plaintiff who was returning home was knocked down by a vehicle causing multiple fractures to the person. the plaintiff was treated in the hospital for a few days and was later discharged. The plaintiff faced complaints after that and died after a few days.
The court held that there is no definite and direct relation between the dearth of the plaintiff and the accident and therefore the defendant will not be completely held liable.
Remoteness of damages in torts is defined using many tests and conditions. It is important to decide if the damage caused due to the tort is direct or too remote. This will help us in understanding if the plaintiff can claim for damages or not. The plaintiff must prove that the damages caused to him are not remote but direct and it was foreseeable and therefore he/ she can claim for damages.
The doctrine of remoteness of damage tells us that an event amounting to a wrong can be leading to many consequences which are interconnected leading to a series of acts or wrongs.
The damages can accordingly be proximate, direct, remote or too remote.
As explained using case laws, we can understand that in the case of remoteness of damages the decision held by the courts are mainly based on the facts and circumstances of the case and there is no hard and fast rule to decide. But a few principles as explained can help in drawing the line between direct and remote damages.
 A.I.R. 1961 All 430
 II (1992) ACC 553
Remoteness of Damages
i am sure you heard of butterfly effect. did u know that it has a role to play in the tort law. The concept of remoteness of damages talks about the effect of one act on another person’s rights even if the person is nowhere related to the tortfeasor or his acts.
DOCTRINE OF NATURAL OR PROBABLE CONSEQUENCE
The doctrine remoteness of damage is also called doctrine of natural or doctrine probable consequence. It proved that a plaintiff is not to be entitled to get damages if the damage sustained by him is too remote a consequence of the defendant’s conduct. The chain of causation between the defendant’s act and the plaintiff’s injury must not be too indirect for no man is liable in law “ad infinitum” for the consequences of his act.
For example, the plaintiff’s dredger was negligently damaged and was sunk by the defendant.
At that time the plaintiff was into a contract and he needed the dredger to discharge his labilities as a part of his contract. The damage of the dredger effected the plaintiff indirectly.
It was held that the plaintiff cannot claim for damages for additional contract hire expenses because the defendant could not have foreseen the loss caused to the plaintiff.
TESTS OF REMOTENESS OF DAMAGE
The problem of remote and proximate damages can be solved using the following tests: –
- The test of reasonable foresight
According to this test, the consequences of an act can be foreseen be a reasonable man, then they are not too remote and the plaintiff can claim relief under those circumstances.
This test was upheld in Pollock C. B in Rigby v. Hewit and Greenland v. Chaplin.the
- The Test of directness
According to the test of directness, a person will only be liable for the direct consequences of his act, whether he could foresee them or not, because consequences which directly follow a wrongful act are not too remote to the act.
The test of reasonable foresight was rejected and the test of directness was upheld to be more appropriate. In the case of Smith v. London and south Western Company, It was held that the railway company had breached their duty and were negligent and in allowing the heap of trimmings of grass near a railway line during such weather conditions. Therefore, the damages are not too remote.
PRINCIPLES AND RULES INVOLVED IN CONSIDERING THE OUESTION OF REMOTENESS OF DAMAGE.
Lord Rodger developed these principles of remoteness of damages. He summarised it into 5 main principles as explained below: –
- The respondent will not be held liable for consequences that he/ she cannot foresee as the consequences of the act.
- The circumstances will decide weather the respondent is liable or not and it may not be the same for all cases.
- Considering the second principle, if the injury to the plaintiff is foreseeable, the respondent will be liable, even if the damage to a greater extent was foreseeable or it could not have been foreseen.
- The respondent must take his victim if he finds him.
- Where the personal injury to the pursuer is reasonably foreseeable by the tortfeasor, he will be held liable for personal injury. The injury suffered by the pursuer as a result of wrongdoing may be physical or psychiatric.
RULES RELATING TO REMOTENESS OF DAMAGE
- Egg-shell skull Rule
This rule is an exception to the rule in Wagon Mount. This rule proves that “to the effect that the amount of damage need not be foreseen at least so far as the physical condition of the victim is concerned, abnormal existing at the time of wrongful act do not negative casual connection.”
This rule is called the egg shell rule because egg shell is fragile and it should be moved from one place to with care and similarly the defendant cannot cause any harm to a person who is week.
- Novus Actus rule
This rule talks about human intervention between the wrongful act and its consequences. This rule says that if there is an intervention of a third party
And the plaintiff sufferers a loss due to this, then the defendant will not be held liable for the damage caused. A consequence will be considered too remote if the chain of causation between the wrongful act and plaintiff’s damage is broken by an intervention of a new act by the third party.
 (1850) 5 Ex.240.
 (1850) 5 Ex. 243.
 (1870) L R 6 C.P 14.
Damages and Remedies in Torts
DAMAGES AND REMEDIES
to understand the concept of remoteness of damages, it is important for one to understand the basic meaning and definition of remedies and damages.
Remedy is a means employed to enforce a right or redress an injury.
According to Tomlin “Remedy is the action or means given by law for the recovery of a right; and it is a maxim of law that whenever the law gives anything, it gives a remedy for the same.”
In simple terms we can say that a remedy is the action or means given by the law for the recovery of a right.
There are mainly 2 kinds of remedies under torts namely: –
- Specific restitution of property
- Extra – judicial.
Damages means loss or injury. When plaintiff suffers loss or injury due to the wrongful act of the defendant then he/she is entitled to receive damages from the defendant or respondent.
Black’s law dictionary states that “By a damage we understand every loss or diminution of what is a man’s own, occasioned by the fault of another. The definition of damage extends the notion beyond a man’s goods. His life, his limbs , his liberty an exemption from pain, his character or reputation, are all his own in a strict and proper sense; so that the loss or diminution of any of them gives him a right to demand reputation from those by whose fault they have been lost of diminished.”
The damages can be classified into the following categories; –
- General damages
- Specific damages
The primary object of awarding damages in an action of tort is to offer pecuniary compensation to the party injured. The nature of damages is generally compensatory.
LATIN MAXIM AND DEFINITIONS
To further understand the concept of remoteness of damages, we can use the legal maxim behind this concept and the definitions or views of great scholars about the topic.
LEGAL MAXIM- “injure non remota causa sed proxima spectator”
This means that in law, the immediate and not the remote cause of any event is regarded.
The consequences of wrongful act may be endless but the defendant or tortfeasor cannot be held liable for all the consequences followed by the wrongful act. The defendant is only liable for consequences that are not too remote or proximate. The consequences of the act must me foreseeable and only then plaintiff can claim for relief from the respondent or defendant.
For example, if a dog escapes from the possession of its owner and gets into the neighbour’s house and bites the neighbour and the dies because of a rear disease that he had. Here, the owner of the dog will only be liable for negligence and not for the dearth of the neighbour because that is an unforeseen circumstance and this is too remote for the tortfeasor or defendant to estimate.
Lord wright- “the law cannot take account of everything that follows a wrongful act; it regards some subsequent matters outside the scope of its selection, because it was infinite for the law to judge the causes of causes, or consequences of consequences. In the varied web of affairs, the law must abstract some consequences as relevant, not perhaps on ground of pure logic but simply for practical reasons.”
Lord Campbell- “the damage is too remote,” when the damage and loss are not sufficiently concatenated as cause and effect.”
Salmond and Houston- “while dealing with the doctrine of remoteness of damages the following conclusion with both on principle and authority seem to be indisputable.
In the first place, an event may be the consequence of several causes.
Secondly, the doctrine of remoteness of damage is not limited to wrongs of negligence but also applies to wrongs of all kinds.
Thirdly, a consequence cannot be held to be too remote if it was actually intended by the wrong doer.
Fourthly, the question of remoteness of damage, arises only after it is established that the defendant has been guilty of wrongful act.
Fifthly, remoteness of damage is one of fact.”
Loktak Lake:The Only Floating Lake in the World
Loktak Lake is the largest freshwater lake in Northeast India and is famous for the phumdis (heterogeneous mass of vegetation, soil and organic matter at various stages of decomposition) floating over it. The lake is located at Moirang in Manipur state, India. The etymology of Loktak is Lok = “stream” and tak = “the end”. The largest of all the phumdis covers an area of 40 km2 (15 sq mi) and is situated on the southeastern shore of the lake. Located on this phumdi, Keibul Lamjao National Park is the only floating national park in the world. The park is the last natural refuge of the endangered Sangai (state animal), Rucervus eldii eldii or Manipur brown-antlered deer (Cervus eldi eldi), one of three subspecies of Eld’s Deer.
This ancient lake plays an important role in the economy of Manipur. It serves as a source of water for hydropower generation, irrigation and drinking water supply. The lake is also a source of livelihood for the rural fishermen who live in the surrounding areas and on phumdis, also known as “phumshongs”.
A rich biodiversity with habitat heterogeneity has been recorded during a scientific survey carried out between January 2000 and December 2002 in different habitat patches of the lake. The lake’s rich biological diversity comprises 233 species of aquatic macrophytes of emergent, submergent, free-floating and rooted floating leaf types.
Case analysis: Doctrine of Severability
Doctrine of severability says that all those pre-constitutional laws that are not inconsistent with the post constitutional laws will not be legally valid according to this doctrine. the case will help us in understanding this concept in a better way.
STATE OF BOMBAY AND ORS. Vs. F.N. BALSARA
Citation – AIR 1951 SC 318, (1951) IIMLJ141, 2SCR682
Saiyid Fazl Ali, M. Pantanjali Sastri, B K. Mukherjea, Sudhi Rajan Das and Vivian Bose.
Balsara filed petition in the Bombay High Court. He requested for passing an order for forbidding the state and the prohibition commissioner from enforcing the provisions of the Bombay prohibition act,1949. He prayed for granting him the assent to (a) allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products. (b) to not interfere and restrain him from exercising his rights and he should not be penalised for the same. The petitioner requested for passing an order under the specific relief act.
1) whether keeping and selling the alcohol mixed medicines and other products can be prohibited or not?
2) whether the act fell under Entry List II of the Government of India Act, 1935 namely, “intoxicating liquors, that includes, the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors”, or under Entry 19 of List I namely, “import and export of liquors across customs frontier”, which is a Central subject?
3) whether the act as a whole must be declared void or only the provisions that are unconstitutional must be declared void?
Arguments of Parties:
The petitioner Balsara requested the Court to pass an order to allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products and to not interfere and restrain him from exercising his rights and thus wanted the government not to object under the Prohibition act in the use of his personal rights and may not take any action against them.
But the respondent opposed it as the right to consume or possess alcoholic products is prohibited by the Bombay Prohibition Act.
This case was challenged on the ground that it incidentally encroached upon import and export of liquors across custom frontier- a Central subject. It was contended that the prohibition, purchase, use, possession and sale of liquor will affect its import
Decision in High Court:
The High Court, agreeing with some of the Petitioner’s allegations and not agreeing with some others, declared some provisions of the Bombay Prohibition Act as legal while some others as illegal. Aggrieved with the decision of High Court both the State Government as well as Balsara, with the permission of High Court, file appeals before the Supreme Court, against the Decision.
Decision of Supreme Court:
The Supreme Court held that if any act passed by the State Legislature, prohibits or controls the export of the things mentioned in Entry 27 or 29 of List (II) outside the boundaries of the State, then the Act is illegal, but that Act has been passed on the basis of the Entry 31 of the List, Section 297(1)(a), therefore does not apply to it. It also held that the provisions of the Bombay Prohibition Act, 1949 which were declared as void did not affect the validity of the entire act and therefore there was no necessity for declaring the entire statute as invalid. The Supreme Court gave weight to Article 47 which directs the State to bring about prohibition of consumption of intoxicating drink except for medical purposes- to support its decision that the restriction imposed by the Bombay Prohibition Act was a reasonable restriction on the right to engage in ant profession or carry on ant Trade.
The Supreme Court declared illegal those provisions of the Bombay Prohibition Act which were regarding keeping alcohol-mixed medicines and toilet goods, selling and buying them and also using them etc as violation of Article 19(1)(g) of the Constitution and the rest of the provisions, legal. It was also decided that an Act, by declaring certain provisions thereof as illegal, cannot be wholly declared as illegal. Hence, selling and keeping of alcohol mixed medicines and other products are not prohibited and are legal.
This case explains that the law is void only to the extent of the inconsistency or any action which offends against a law (contravention). The word “to the extent of the inconsistency or contravention” makes it clear that when some of the provision of a statue when some of the provisions of a statute becomes unconstitutional on account of inconsistency with fundamental rights, only to the contradictory or conflicting provision of the law in question shall be treated by the courts as void, and not the whole statute. This Separation of provisions that are unconstitutional is called as Doctrine of Severability. In this case, it was held that the provision of the Bombay Prohibition Act, 1949 the provisions which are unconstitutional are declared as void and it did not affect the rest of the part hence, the whole statue is not declared as void. The Doctrine used in this case is Doctrine of Severability.
Femicide in Turkey
Violence against women is not uncommon in Turkey. The recent killing of 27-year-old student Pinar Gültekin at the hands of her former boyfriend, however, sent shock waves through the country. The woman from Turkey’s southwestern Mugla province was beaten and strangled to death by the man. He then tried burning the corpse in a nearby forest. After failing to do so, he disposed of her corpse in a bin, which he then filled with concrete.
Several days after the murder, the man was apprehended thanks to CCTV footage captured at a gas station where he was loading a fuel canister into his vehicle. The police say the man acted out of jealousy. According to the We Will Stop Femicide online platform, this year alone, 27 women were murdered for similar motives; a further 23 suspected femicides were recorded as well.
Violence against women and so-called “honour” killings are deeply rooted and prevalent issues in Turkey. According to a 2009 study on prevention strategies, 42% of Turkish women aged between 15–60 had suffered some physical or sexual violence by their husbands or partners.
Every year, the problem is getting worse: in 2019, 474 women were murdered, mostly by partners and relatives, the highest rate in a decade in which the numbers have increased year on year. The figures for 2020, affected by coronavirus lockdowns, are expected to be even higher.
“Violence against women is a problem everywhere. In Turkey we have a strong women’s rights movement but we also face a lot of opposition,” said Fidan Ataselim, We Will Stop Femicide’s general secretary. “In the last 20 years society has changed a lot: more women are demanding their right to work and go to university. The more choices we have, the more intense the backlash gets.”
Turkey was the first country to adopt a 2011 Council of Europe convention on gender-based violence and domestic violence, a groundbreaking legal framework designed to protect victims and effectively prosecute offenders, known as the Istanbul Convention.
Since then, however, even basic rights and protections won by Turkish women have come under threat as Recep Tayyip Erdoğan’s conservative Justice and Development party (AKP) has tried to roll back legislation politicians say threaten traditional family values.
Facing the Future: Lessons to be Learnt From the Pandemic
“The outbreak of novel coronavirus pneumonia will inevitably have a relatively big impact on the economy and society … For us, this is a crisis and is also a big test.”
With the whole Coronavirus pandemic engulfing the whole world in its clutches, there’s a thing or two humanity had to learn the hard way. Firstly, all strings are attached. If your neighbour’s house is on fire, then it is not the time to judge his doings, his karma, even shielding your own house isn’t advisable. Run for him, save his house put off the fire first. Secondly, invisible thing mess us up better, whether it is your so called almighty or a deadly virus. Third, public are the second priority for any government, obviously, first is their party. Lastly, home isn’t sweet home but a jail if you live locked in it for months. It eats you, it’s door is like mouth and you’ve walked into it yourself, and can’t find an escape route.
We, as people, have started craving human connection. What happened to conversations? We are all stuck in this same catastrophe, feeling like there’s nothing left to say. We focus on the weather, pretend its something new. There’s an elephant in the room that keeps us standing six feet apart. We all miss human touch. We now feel like an empty shell, once fuelled by love, now left to rot. It’s hard to speak these days. Respirators and cloth masks return our warm breath and words against our lips and cheeks. Many of us haven’t seen a smile in weeks. Even if our mouths weren’t covered, I’m not sure I would see a smile in these conditions. These are dark times. There’s a glimpse of light at the end of the tunnel. I’m so afraid we’ll all forget these lessons, as we open back up, and cause greater destruction. It’s really sad that coronavirus is creating a point of shared experience between the chronically ill and disabled and generally healthy people all forced to stay at home. And while it will be handy going forward to explain to people who think me being home on disability must be nice, I can now say “remember coronavirus?” But at the same time, people have died and are dying just so ablest get a taste of what disability living is like.
The pandemic has also taught us a few valuable lessons that can’t be ignored in the future.
• Foundational research may be expensive, but it is necessary.
• No country can deal with a crisis like this on its own.
• A strictly for profit health care system is not prepared to deal with a pandemic in any way, shape or form.
• Instead of equating wealth to success, as we have done until today, we will need to start equating positive contribution to society with success.
We can see some signs of such a motion during the pandemic in the praise that health-care workers receive for their efforts to help the often-unmanageable amount of coronavirus cases. However, we need to further internalize this redefinition of success, as our social connections, life engagements, work and social values all stem from it: There is nothing successful in being individually successful and wealthy at the expense of others. Success lies in creating a positively-connected society, where its members take responsibility and care for each other, contribute to each other’s well-being, and promote to each other the need for centering everyone’s focus on benefiting others instead of benefiting our individual selves.
The world is learning about the need to be more considerate of everyone, as we all depend on each other. However, I think that an extra “push” on our behalf to further implant this understanding will serve to better balance us with the tighter interdependence and interconnectedness that the coronavirus era has revealed to us.
Whatever silver lining we can find in this crisis will, however, always be tainted by travesties we had to endure, because we had the knowledge and tools to do a lot better and save more lives.
A key way to fight a pandemic is with positive chaos, to sew kindness and love into the fabric of society at every opportunity possible.
Cases on Doctrine Of Frustration
Satyabrata Ghose v. Mugneeram Bangur &co.
DATE OF JUDGMENT: 16/11/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.
Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed were temporarily requisitioned by the Govt. under the defence rules such that for unspecified period of time, any development work if executed on the land would be illegal. The contract was made at a time when war conditions were prevailing and any such requisition was imputed to be in contemplation of the parties while forming contract. Further, no time was specified in the contract.
Issue– Whether the doctrine of frustration will be applicable in this case?
Whether the plaintiff can seek relief under sec.56 of the Indian contracts act, 1847 ?
Impossibility’ u/s 56 doesn’t mean literal impossibility to perform (like strikes, commercial hardships, etc.) but refers to those cases where a supervening event beyond the contemplation and control of the parties (like the change of circumstances) destroys the very foundation upon which the contract rests, thereby rendering the contract ‘impracticable’ to perform, and substantially ‘useless’ in view of object and purpose which the parties intended to achieve through the contract. Therefore, this is not a case applicable under the sec.56 of the Indian contracts act,1872 and a defence of frustration of contracts cannot be claimed under this case.
In the present case, Firstly, war condition were known to the parties while entering into the contract such they were aware of the possible difficulty in performance of the contract, in such circumstances, the requisition of property did not affect the root of the contract; Secondly, no stipulation as to time was provided in the agreement such that the work was to be completed within a reasonable time, but having regard to the nature of the development contract and the knowledge of the war conditions prevailing during the contract, such a reasonable time was to be relaxed. Therefore, the contract had not become impossible of performance u/s 56.
Caldwell v. Taylor
Plaintiff and Defendant entered into a contract, in which, Defendant agreed to let the Plaintiff use The Surrey Gardens and Music Hall on four certain days. After the signing of the contract, but before the first contract, the concert hall was destroyed by fire. The destruction was without fault of either party and was so extensive that the concerts could not be given.
Whether the loss suffered by Plaintiffs, is recoverable from the Defendant?
The Defendant was discharged from performing, and his failure to perform was not a breach of the contract. When the contract is absolute, the contractor must perform it or pay damages for nonperformance although in consequence of unforeseen events the performance of the contract has become impossible. However, that occurs only where the contract is absolute. The contract here is subject to an implied condition that the parties shall be excused if performance becomes impossible from the perishing of the thing without fault of the contractor. The parties regarded the continuing existence of the hall as the foundation of the contract, and the contract contained an implied condition that both parties would be excused if the hall did not exist. Therefore, the destruction of the hall without fault of either party excuses both parties, the Plaintiff from taking the gardens and paying the money and the Defendant from performing their promise to give the use of the hall.
Conclusion– This is the case where the doctrine of impossibility through destruction of the subject matter was established by the queen’s bench.
Doctrine of Frustration
Discharge of contract by impossibility of performance. The section 56 of the Indian contract act 1872 deals with doctrine of frustration. Under this doctrine a promisor is relieved of any liability under a contract, in this case the contract will be deemed to be void.
Legal marme” less non – cogit ad impossibbilla. (law will not compel a man to do what he cannot possibly perform). Doctrine of frustration results in making a contract void and this means that a contract becomes void due to impossibility of performance of obligations by either of the parties because of unforeseen situations in the process of fulfilling the obligations.
The doctrine of frustration is applicable in 2 cases:
- If the objective of the contract has become impossible.
- An event has occurred making the performance of the contract to be impossible beyond the control of promisor.
Sec 56 of Indian contract act, 1872
56. Agreement to do impossible act — An agreement to do an act impossible in itself is void.
Contract to do an act afterwards becoming impossible or unlawful —A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.
Compensation for loss through non-performance of act known to be impossible or unlawful.— Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promise did not know, to be impossible or unlawful, such promisor must make compensation to such promise for any loss which such promise sustains through the nonperformance of the promise.
Applicability of Doctrine of Frustration: (1) there should exists a valid and subsisting contract between the parties (2) there must be some part of contract which is yet to be performed (3) the contract after it is entered into becomes impossible of performance.
Causes in which Frustration of Contract can be Applicable: (i) Death or incapacity of a party. (ii) Frustration by virtue of legislation. (iii) Frustration due to change of circumstances.
Frustration is an act outside the contract due to which the completion of a contract becomes impossible. After the parties have concluded a contract, events beyond their control may occur which frustrate the purpose of their agreement, or render it very difficult or impossible, or as even illegal, to perform. An example of this is where a hall, which has been booked for the performance pf a play, is destroyed by fire, after the contract has been concluded, but before the date of performance of the play.
The origin of the ‘Doctrine of Frustration’ as many other laws has been from the roman laws. It was part of the roman contract law which extinguished obligations of innocent parties where the ‘thing is destroyed without the debtor ‘s act or default’, and the contract purpose has “ceased to be attainable”. It was applied in roman times, for instance, to save, from liability, a man who promised to deliver a slave by a certain day if the slave died before delivery.
The doctrine of frustration in contract law was initially defined by two points, namely: (i) the doctrine was to be only permitted where it was raised as a defense to a primary assumption on which the agreement was reached; and (ii) the parties were entitled to insert provisions as a contingency measure to provide for the occurrence of the same.
the scope is this study is limited to understanding the doctrine of frustration. This is done with the help of 2 cases. One Indian case and one foreign case have been taken into consideration while studying this topic. The research paper is mainly based on basic knowledge about the doctrine of frustration and sec. 56 of the Indian contract act,1872.
this study is done using the doctrinal method of research. It is mainly based on secondary data. This data explains about the doctrine of frustration with the help of case laws. The application of sec.56 of the Indian contracts act, 1872 is given importance in this study. This data and information is from articles, websites, books, journals and from the Indian contracts act, bare act. Analytical study method was adopted in the process of research.
Objectives of the study-
- To study the doctrine of frustration.
- To understand the applicability sec.56 of Indian contracts act,1872.
- To analyse the conditions for applicability of doctrine of frustration.
- To examine the causes of doctrine of frustration.
Significance and benefits of study-
- Basic understanding of the doctrine of frustration.
- Analysing sec.56 of the Indian contract act.
- Application of topic in various cases.
- Understanding the impossible and unlawful acts.
Case Analysis: Union Carbite Corporation v. UOI.
This is an important case analysis on environment law. we have had such incidents in Delhi and recently in Vishakapatnam. this is an incident that changed the lives of many people. The supreme court of India recognized the need for supporting the victims and compensating them.
CASE NAME– Union Carbite Corporation v. UOI.
CITATION- 1990 AIR 273, 1989 SCC (2) 540
BENCH – R S Pathak, (CJ), Venkataramiah E S, , M N Venkatachalalliah, Ranganath Misra, N D Ojha.
Union Carbite Corporation India Ltd. manufactured batteries, chemicals, and other similar products in their manufacturing unit in Bhopal, Madhya Pradesh. This was set up in the year 1970. On the night of 2nd December, Methyl Isocyanate is a poisonous gas that leaked from the plant. This effected more than 800000 people in total. The government of India enacted The Bhopal Gas Leak Disaster Act,1985 to give an easy was of presentation of the victims by invoking the doctrine of Parens Paraie.
- Whether tort was committed by the defendant?
- Whether UCC can be criminally held liable?
ARRGUMENTS OF BOTH PARTIES
The central government filed a complaint before the southern district court in New York saying that the Indian judiciary will not be able to handle such a complex issue because of lack of expertise in the law of torts. It was also said that the delay in Indian judicial proceedings will delay the justice. The jurisdiction was refused by the court saying that there can be a more appropriate court to handle this issue.
Later the central government filed a case against the corporation in the district court of Bhopal. The court said that 350 crore rupees must be given by the UCC in compensation to the damages caused to the victims. The respondents appealed to the high court of Madhya Pradesh and the compensation was reduced to 250 crore rupees. The UCC filed an appeal to the Supreme Court of India.
Justice R S Pathak said that it was the duty of the court to secure immediate relief to the victims of the MIC leak and while doing that the court did not entered into any virgin territory. He applied the polluters pay principle and decide the compensation to be US $470. the majority opinion was given by Justice Venkatchaliah on behalf of himself and K.N. Singh and N.D. Ojha JJ. CJ Mishra concurred with him and Ahmadi J. it was also held that criminal proceedings must be initiated against the UCC and later they were quashed. A compensation of 750 crore rupees was to be given to the victim by UCC as per the judgement.
The judgement was criticised mainly on the ground that the criminal proceedings were dismissed. It was also said that the Indian judicial system must have a speedy redressal mechanism and it was compared with the other countries saying that if such an incident had happened in any other countries then the authorities would have reacted in a completely different way. This incident also lead to enactment of several acts like the Environmental Protection Act, 1986; Public Liability Insurance Act, 1991 and etc. to ensure public welfare.
Even though UCC was a multinational corporation it was held liable for the tort committed by one of its subsidiary. However, the victims were compensated and justice was delivered to the maximum extent.
Basic Structure Doctrine
we know that the Parliament is the law making authority and also has the power to amend the constitution but it is important for us to understand that the parliament cannot amend all the provisions of the constitution. this is is because of the basic structure doctrine.
The doctrine of basic structure is a judicial made doctrine. It is understood that this is not a part of the constitution of India and was propounded on 24th of April 1973 in the famous case Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. In this case, the term basic functions of the constitution were used. The term basic structure was used in the case of Minerva Mills Ltd. and Ors. vs Union Of India and Ors. Which was decide on 3st July 1980.
I support the basic structure doctrine because this doctrine is brought in with the intention that the power of the parliament to amend the constitution must be restricted and the fundamental idea of the constitution must not be allowed to be amended. It is understood that the basic features like equality, secularity, Judicial review, rule of law and etc are not only a part of the preamble or the fundamental rights but also the fundamental idea of the constitution makers behind the drafting of the constitution. Though all the contents of the basic structure are not declared on any document, various cases (Waman Rao And Ors vs Union Of India (Uoi) And Ors. , Indira Sawhney & Ors v. Union of India, and many other cases) give us an idea of what could be the contents of basic structure doctrine. The fundamental rights (Part 3) of the constitution must be restricted from being amended because it will result in being a thread to the basic principles of not only the constitution but also democracy and therefore, they can be amended to widen the scope but not narrow it down.
In my opinion if there is no restriction on the amending power of the constitution, then the parliament will have unlimited power. It may start amending all the provisions of the constitution. For example, if the parliament amends the constitution by removing the right to seek judicial review then it will stop the people from going to courts for relief and eventually the judiciary will loose complete power. This will indirectly lead to the supremacy of the parliament and not supremacy of law which is against the principle of rule of law. This gives an unfair opportunity to amend any provision of the constitution and the preamble. This may also lead to demolition of the basic idea of democracy which including equality and principles of separation of powers and rule of law. It is not only India but many other countries do not allow the parliament or legislature to amend the essential or basic features of their constitution.
It is important for us to remember that precedents are an important source of law. As explained in the cases, the doctrine of basic structure is a law and holds value even though it is not a part of the constitution or it is an unwritten doctrine.
 Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225: AIR 1973 SC 1461.
 Minerva Mills Ltd. v Union of India (1980) 3 SCC 625.
 Waman Rao And Ors vs Union Of India (Uoi) And Ors.(1981) 2 SCC 362, 1981 2 SCR 1
 Indira Sawhney & Ors v. Union of India AIR 1993 SC 477, 1992
Fraud, we listen to this word very often in our day to day life.it is used in various statutes. in this article, I have tried to briefly cover what exactly it means in contract law.
consent given by a party is not said to be free when it is caused by fraud. Fraud is defined under sec. 17 of the Indian Contract Act as the following: –
“17. ‘Fraud’ defined. — ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract: —
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent. Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2, or unless his silence, is, in itself, equivalent to speech.”
The Essentials of fraud: –
- It should be done by one party of the contract
- There must be a representation
- The representation must be false
- The fraud must be committed before completion of the contract
- The misrepresentation should be made by the will of the party
- There should be an intention to deceive the other party
- The other party must actually be deceived
- The other party has suffered a loss due to this misrepresentation with a mala fide intention.
A famous English case House of lords in Derry v. Peek is an example under this concept. In this case, A company’s prospectus said that it was authorised by a special act of Parliament to run trams by stream or mechanical power. This was however not true. The plaintiff was a shareholder and sued the directors for fraud. The defendants were not held liable in this case.
An Indian case is, Haji Ahmad Yarkhan v. Abdul Gani Khan , the plaintiff could not recover the expenses incurred for the engagement of his son. the marriage was broken because the girl’s family hid the facts about her health. Silence or non-disclosure of essential facts may not amount to a fraud.
Sec.19 of the Indian Contract Act,1872
“19. voidability of agreements without free consent.—When consent to an agreement is caused by coercion, 1[***] fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.”
The contract is not voidable : –
- When the party who consent was caused by silence amount to fraud and be has the means of discovering the truth with ordinary diligence.
- When a party gives the consent by ignoring the fraud.
- When the party takes a benefit after getting the knowledge about the fraud.
- When the parties cannot be restored to their initial position.
- When the interest of a third party is intervened before the contract is avoided.
 House of lords in Derry v. Peek (1889) LR 14 AC 337 (HL)
 Haji Ahmad Yarkhan v. Abdul Gani Khan AIR 1937 Nag 270.
Workforce Diversity may be defined as a means of having a wide variety of individuals in the organisation. The differences among employees may be in terms of age, cultural background, physically challenged, race, religion, gender, etc. As we know, no two humans are alike. People are different not only in terms of gender, culture and race but also in their social and psychological characteristics, perspectives and prejudices. Workforce Diversity focuses on the dissimilarities among individuals in same country. Diversity makes the workforce heterogeneous. Workforce Diversity is the strength for any organisation and it has became necessity for every organisation but to manage such diversified workforce is a big challenge for management. There is a need to manage workforce diversity by the management. The managers should not apply same techniques in treating all the employees instead they should identify the difference among them and should formulate and implement policies which can help them to increase productivity, eliminate discrimination and reduce labour turnover. If the management properly manages workforce diversity, there will be good personnel relations, pleasant work culture and effective communication in the organisation. Many research studies concluded that workforce diversity is strength of any organisation but people stick to their views related to caste, religion, etc and so consider diversity as a problem but if we manage properly it can increase the productivity of the organisation. Workforce Diversity represents both a challenge and an opportunity for business. As the number of organisation are increasing and so is the competition that’s why the organisation are realising the needs for valuing diversity in the workforce and so they are ensuring strategic utilisation of human resource for the accomplishment of strategic goals. When workforce diversity is managed properly, their would be better communication, better human relations and congenial work culture in the organisation. Be it a public or private, profit or non-profit, small or large organisation, the effective management of workforce diversity should be the prime concern of all the managers in the organisation. The proper management of diversity includes the following aspects:-
- Increasing Awareness – As now, diversity has became an integral part of the organisation, so providing awareness among manpower is more important. Inorder to have better understanding of other’s behaviour, experiences and attitude, it is important to have compassion towards others.
- Improving Diversity Skills – For improving diversity skills main focus point should be in enhancing the skills of managers and their subordinates to feel comfortable while working with other individuals and improving the way they interact with eachother. They should be educated regarding this. This will help in creating respect for the diversity among the individuals and creating mutual understanding among the employees.
- Gender Diversity – In today’s scenario, the participation of women has increased significantly in the workplace. However, the rewards which they are receiving for their hard work and contribution are not according to their participation in the organisation.
Workforce Diversity has also many importance. They are:-
- Promotes Cultural Intelligence – The organisation should adopt the concept of “social inclusion” by having the diversity in workforce as most of the people who are benefitted by this practice of workforce diversity belongs to the disadvantaged segments of the society. These individuals get the chance to earn their livelihood and achieve their goals with the help of those organisation which promote diversity in their workforce.
- Results in High Performance – The people who work in diverse background learn to live together and in this way they can learn a lot of things from eachother.
- Improved Quality – From the research studies it is observed that the solution of problems was found effectively by a team which is having workforce diversity. It is observed that the quality of problem solving improved.
- Reduced Turnover and Absenteeism – Workforce diversity helped in reducing the turnover and absenteeism of employees and it creates an image of a fair employer.
So lastly, workforce diversity acts as a tool which helps in achieving the goals and objectives of the employees and the organisation.
Eid al-Adha, also called Eid Qurban or Bakri-Eid, is the second of two Islamic holidays celebrated worldwide each year. The festive season that starts with the beginning of the monsoon continues and Muslims look forward to Eid al-Adha, also called Bakr Eid or Bakrid in India. Muslims across the world celebrate Eid al -Adha as the ‘festival of sacrifice.’ Bakrid is the second major Eid for the Muslims. While Eid-al-Fitr marks the end of the month-long fasting period of Ramadan, Bakrid is known to conclude the annual Haj pilgrimage. The date of Bakrid, according to the Islamic calendar, is supposed to be on the 10th day of Dhu al-Hijjah or the ‘month of the pilgrimage’. Muslims usually go on pilgrimage on the 8th, 9th, and 10th of the month culminating in the Eid al-Adha. In the Islamic lunar calendar, Eid al-Adha falls on the 10th day of Dhu al-Hijjah and lasts for four days. In the international (Gregorian) calendar, the dates vary from year to year shifting approximately 11 days earlier each year.
Bakr Id/Eid ul-Adha is a public holiday. It is a day off for the general population, and schools and most businesses are closed. National, state and local government offices, post offices and banks are closed on Eid al-Adha. Islamic stores, businesses, and other organizations may be closed or have reduced opening hours. Those wishing to use public transport on the day may need to contact the local transport authorities to check on timetables. Large scale prayer meetings may cause local disruption to traffic. This is particularly true of areas of India with a predominantly Muslim population.
On Eid al-Adha, many Muslims pray and listen to a sermon at a mosque nearby. They also wear new clothes, visit friends and family. Many Muslims symbolically sacrifice a goat or a sheep as an act of Qurbani. Special food is prepared on Eid al-Adha and shared with relatives. A portion of the food is also distributed among the poor and needy. This represents the sheep that God sent to Ibrahim to sacrifice in place of his son. On this day, Muslims sacrifice a goat, a sheep, or any other animal to commemorate the willingness of Ibrahim to surrender his son Ismael to fulfill Allah’s command. Ibrahim was determined to do what Allah wanted him to do. And on the day when he decided to make the supreme sacrifice, Shaitan attempted to dissuade him, but he drove the evil away and proceeded further. Allah was pleased by his devotion, and a message was sent through Jibreel to Ibrahim. And the message granted life to Ismael and Ibrahim was asked to offer a sheep instead. Therefore, on this day, Muslims sacrifice an animal and divide the meat into three equal portions. They keep one for themselves while they give the other two away to relatives and the needy. Fasting on Eid al-Adha and Eid ul-Fitr is strictly forbidden. Eid al-Adha, or Bakrid, celebrations usually last for three days. The festival is celebrated with a lot of fervor among Muslims around the world. Although, the traditions may vary according to the country and its own local customs. The celebrations include visits to mosques and offering of prayers for peace and prosperity, as well as a special feast that mainly contains mutton preparations. Some of the most delicious Bakrid feast dishes include mutton biryani, mutton korma, mutton keema, bhuni kaleji, as well as a range of delectable desserts like sheer khurma and kheer.
Since India celebrates a day after Saudi Arabia, except certain states, this year Eid al-Adha will be celebrated on August 1, a day after Saudi. However, Kerala, like Saudi, will celebrate on July 31. This year however celebrations are likely to be low key amid the coronavirus pandemic. In Ahmedabad, for instance, animal sacrifice in public places or animal processions in the city have been prohibited. Given all the restrictions and safety measures on account of the coronavirus pandemic, Bakrid will only be celebrated with one’s direct family that one lives with, however, you can always wish your near and dear ones from a distance and not breach any safety measures.
Rakshabandhan in 2020: How it is going to be different…
“There’s no other love like the love for a brother. There’s no other love like the love from a brother.” –Astrid Alauda
Rakshabandhan is popular, traditionally Hindu, annual rite, or ceremony, which is central to a festival of the same name, celebrated in India, Nepal, and other parts of the Indian subcontinent, and among people around the world influenced by Hindu culture. The festival is a festival of love, care, and happiness. It symbolizes the existing love between brother and sister. On this day, sisters of all ages tie a talisman, or amulet, called the rakhi, around the wrists of their brothers, symbolically protecting them, receiving a gift in return, and traditionally investing the brothers with a share of the responsibility of their potential care.
Despite being a part of Hindu culture, due to its moral values, the festival is celebrated by other cultures as well. Among women and men who are not blood relatives, there is also a transformed tradition of voluntary kin relations, achieved through the tying of rakhi amulets, which have cut across caste and class lines, and Hindu and Muslim divisions. In some communities or contexts, other figures, such as a matriarch, or a person in authority, can be included in the ceremony in ritual acknowledgment of their benefaction.
Every year, this festival has been awaited by all of us. It gives a chance for the celebration of a selfless and beautiful relation. For some families, this is the occasion where sisters get a chance (out of their busy schedule) to finally visit their brother and celebrate their love. The occasion begins from the previous day itself, with sisters buying beautiful rakhis and sweets for their brothers and applying Mehendi on their hands. Next early morning, both sisters and brothers dress up in new clothes. The sister ties Rakhi on brother’s hand offers him sweet and sings love songs for him depicting brother-sister relation. The brother then gives her sister a gift and along with that a promise of “protection against any problem in her life.”
Every year, this is the time when families travel to each others’ houses to celebrate the festival. But this time, the festival falls amid these harsh times when the whole world is standing against a pandemic, COVID-19. Rakshabandhan is the first major festival of Hindus after the beginning of the pandemic. Therefore, it is a challenge for all of us to get along with the charm of the festival by taking all the precautions and by maintaining social distancing. This year, it is difficult for sisters to visit their brothers if they live in a different city or state. Each year, we can easily have a get-together and celebrate the festival. But, every year, we have our soldiers, policemen, doctors, workers who are away from their home, on their duty even during festivals for the service of their country. This time, we have got a very golden chance to serve our country and fight against the pandemic by staying at our homes. We can spread happiness and celebrate the festival with our police brothers, doctors, and nurses who are truly working as our safeguard for our protection. We can tie Rakhi out of respect to them, making them realize that they are true heroes and fulfilling the responsibilities of a brother.
Apart from this, in this time of the internet, even though we are staying far, we are always connected through the internet. We are never apart. We can celebrate the festival over a video call. It will a new experience and it will be great fun. One more thing we need to remember that though some sisters are not able to go to their brother, due to pandemic, colleges and schools are closed. This brings young brothers and sisters together who usually don’t get holidays on Rakshabandhan when colleges run regularly. They must be together after a long time and enjoying the togetherness.
“As we grew up, my brothers acted like they didn’t care, but I always knew they looked out for me and were there!” – Catherine Pulsifer
Landing Your Dream Job
Did you recognize that an individual referred for employment is 15 times more likely to urge a job? Job boards have just a 0.4 percent effectiveness rate, consistent with a recent Jobvite study, while the speed for somebody who comes within the door via an employee referral is over 5 percent. the simplest job search is that the job search that you simply don’t get to do. while some job seekers seem clued into that fact — almost 35 percent applied to their most up-to-date position through a referral — the bulk haven’t. So, how does one get that referral then sell yourself on the following application? Allow us to see how-
- Be prepared before diving into the work search- Although leaving your current job hasn’t crossed your mind, you ought to always have two things ready and up so far — your resume and LinkedIn profile. That’s where employers are getting to search for you. And if the thought of a replacement opportunity has crossed your mind? Before you start applying, know this: In cover letters, most of the people tend to speak about what they need rather than how they will help a corporation reach its goals. Many think the latter is implied, but it’s not — and you’ve needed to draw that very specific line. It’s your responsibility to match those description keywords and show how you line up with the role. There’s a difference between ‘I can contribute to your success in XYZ ways’ versus ‘I’m an excellent candidate, check out me’. The key here is to seem at the success marker for the work then be very specific about how what you’ve done can help replicate that sort of success. Use concrete numbers wherever possible.
- Start connecting- As you begin brooding about making a move, prepare a shortlist of companies (maybe three to five) you’d wish to work for and do extensive research on them. you would like to be as certain as possible that the corporate you would possibly jump to will cause you to happier than the one you’re leaving, and it’s hard to understand that until you hear from people that currently work there. Try reaching bent people that work on your shortlisted companies that you simply have something in common with — an equivalent school, major, interests, hometown, or LinkedIn group. Invite a number of them to coffee — your treat if possible — to ask them about what it wishes to work there. People generally will want to assist if it doesn’t cost them much.
- Think “relationship” or “networking”- If you’re making a habit to nurture your network along the way, then you won’t be seen as checking out employment. You’ll just be within the right place when an opportunity opens its door. The thought of networking can indeed make some people feel drained or maybe fake. But if that’s the case, you would possibly be doing it wrong. Networking isn’t about you. It’s about the person you’re lecture. Take an interest within the other person by asking about their interests, goals, challenges, and where they’d wish to enter their career. See if you’ll help them. Another key: Do more listening than talking. The irony is that opportunities tend to return faster when people specialize in fostering a real connection. Another pro tip: attempt to avoid getting impatient and feeling the urge to maneuver on if someone isn’t directly tied to the career path you see for yourself. Usually, the one that can assist you is 2 to 3 degrees of separation away, for instance, that person won’t be in your chosen field, but their relative, sister or friend might be. Something else to stay in mind when you’re relationship-building? It’s an ongoing effort. It could assist you to unearth hidden jobs or create custom opportunities for yourself.
Thinking through Act
“Acting is behaving truthfully under imaginary circumstances.”
Acting is basically an art of imitation or reflection or representation. It is the quality of utilizing your own spirit body and mind in being someone else. Actors on the stage do not show themselves up there, but they show the character they get into to people.” Acting is equivalent to forgetting the original self.
Acting is not about being someone different. It’s finding the similarity in what is apparently different, then finding myself in there.
Benefits of acting
There are many benefits of acting :
- It is a self-cleansing art.
- It helps us to forget ourselves, our worries, or goals, our life pressure, etc for the same time.
- It helps us to “be present”. Through acting, we enjoy “the moment”. We are at “the moment”.
- It helps us to understand the small little worlds as well as the big worlds of various people around us.
- Every act gives us a different perception that adds to build our character.
Methods of acting
- Stanislavski/Strasberg/Method: It uses affective memory considering our past. We need to relate to our past events. It draws situations from real life and there is an “emotional recall” as we get in touch with your emotional self.
- Meisner Method: It is the method based on the usage of imagination only. We need to enforce us to ask questions to ourselves. We ask the questions “what if”. We need time to contemplate under what situation will I be like this and considers the hypothetical future.
Our emotions come out of our voices. Talking to a person over a voice call, we can immediately interpret if he is happy, sad, angry, guilty, lonely, or anything else. The Voice of a person gives a strong sense of the feelings of a person. Therefore, in addition to bringing the character by our body movements, we also need to bring out the character through our voice. Indeed, the voice acting is so powerful that it has opened up a separate domain for artists. Voice acting by podcasts are becoming popular day by day. It is easy to access and very interesting helping listeners to create a world of their own by listening to the voice artists. In addition, in these difficult times of pandemic, where shooting is difficult due to the rules of social distancing, podcasts are the way for artists.
Irrespective of the form of acting, the main trick is to make your character your best friend. We need to study up on character traits; read testimonials, interviews, or watch videos. Then, we need to try to bring the traits through voice. Traits, in general, depending on age, geographical location, any distinct characteristic, or disability. There is a need to develops a culture of responsive acting. It is also important to tackles self-consciousness. It is an effective way of creating the world around us. An actor is an energy bank, always excited about his character and his story.
“Acting is a sport. On stage you must be ready to move like a tennis player on his toes. Your concentration must be keen, your reflexes sharp; your body and mind are in top gear, the chase is on. Acting is energy. In the theatre people pay to see energy.”
Indian Education system VS Foreign education system
The Differences Between Indian Education and Foreign Education
Education is an essential part of human civilization. No matter how big or small, how developed or backward the country is, still they have a lot of educational institutes that work to make their citizens qualified enough to take the responsibility of their nation, the people, and the wealth of it. Education is a medium that takes the progression at a height that only can be compared with the sky. Every country has its own education system and policy. This depends on how much does the country is capable of spend on education in its annual budget. Besides, the resources are the matter that makes the difference. For all these reasons, you can see a huge difference in the education system from country to country.
Indian Education- Past and Present
India is one of the largest countries with the second-largest populated country in the world. Besides, it is enriched with a huge number of human and natural resources. The culture, the heritage all these can be loudly said in its favor. Its education system had been followed by other countries in ancient ages. But in modern times it is seen the students of this country have lesser faith in the education system here. Those who are capable to afford, tend to go abroad for higher study. It is not that, the colleges and the universities have no reputation; still there have a lot of good things to say about the education policy of this country. Despite having all the good things, every year a lot of students are applying for studying abroad. Still, a foreign degree gets a special mention rather than an Indian degree. Therefore, the question must come to your mind and you’ll be willing to know the difference between Indian and foreign education.
The Differences in Education System
It is not the right thing to compare the education system of India and other foreign countries as in every system there are some benefits and drawbacks. But if you thoroughly go through the Indian education policy and the system as well you may find a huge loophole and wrong things that make you feel the worse than any other countries including the USA, UK, and Australia and New Zealand. Here is a list which can prove you the differences between Indian and Foreign Education system.
This must be the best topic to start the discussion regarding this matter. In India, most of the lower and upper-grade institutions are run by the government. Unfortunately, most of them are not governed properly; corruption, lack of funds, and political influences are disturbing the whole system. As a result, poor basic study affects the career of the majority of the students. On the other hand, foreign education is looked after by professionals and without having any bad influence the system runs smoothly towards the betterment always.
Indian education is more based on theory rather than practical. Whereas foreign education gives more importance to practical learning. In this way, most of the time, the much-needed creativity is found lost in an Indian study.
In India education is compulsory to all but like a part of the routine. Without having any target and without knowing own potential, students use to go for studying medical or engineering stream. As pressure comes from his or her respective families to become either a doctor or an engineer. Perhaps he or she would have some different interests and hopefully could do better in that field. As a result, though they could achieve the degree, find themselves nowhere in the path of success. On the other hand, in foreign countries, the talent is given priority and the students are allowed to select the course according to their interests and obviously where they can build their career.
In foreign countries, you can see so many extracurricular activities are included in the study. In Australia, cricket, hockey, and boxing is added in the curriculum. In the USA you may see arts, sports, music, and acting in the syllabus. These activities help the students to display their talent and skill apart from the study materials. In this way, people around the world get an experience to see some of the very talented persons from different fields coming out from these countries. But on the other hand, Indian education rarely encourages these extracurricular activities. This is mainly a classroom based study restricted within books and copies.
Techniques of Learning
In the Indian education system Students have to memorize facts and figures, equations of maths, chemical equations and reactions, dates, and times of historical incidents, and also thousands of other things. Often students find themselves at a loss and could not enjoy the steam and in most of the cases, he or she could not perform as per their potential. But in foreign countries, the education system works for providing knowledge by following practical techniques.
Method of Study
The Indian Education system hasn’t changed too much since independence. Still, it is following the old techniques and takes a longer time to adopt modern technologies than any other advanced countries down the west. As a result, the quality of the study doesn’t improve too much in India. On the other hand, foreign education always changes their curriculum according to the modification and development of technologies. Besides, the requirements of industries also being considered while reformation of the education system. For this reason, the foreign education always remains updated but Indian education always left behind.
Once there was a time when the students from outside used to visit India for learning, as this country was considered as the temple of knowledge and wisdom. But the time has changed and the needs for the study also have changed. Now to get the advanced study, to increase the job opportunity, and to build a handsome and secured professional career, the students from India are trying their luck to get admission in the universities of different foreign countries. The lawmakers of India should think of it seriously!!
This article has no intention to malign Indian Education only to promote foreign Education. But those who have a close look at the Indian Education system must agree with this article. This criticism should be taken positively and try to change the system according to the needs of the present time. Only then the Indian Education can stand side by side to the Foreign Education.
VALUE OF STATISTICAL LIFE.
Cost–benefit evaluations of landmine clearance are contradictory. estimates that expenditure to remove landmines from Cambodia would produce benefits—in the form of saved lives, reduced injuries and medical costs, and greater farm output—that are worth just 2% of the costs. In Mozambique, the benefits would be worth only 10% of the costs similarly, suggests that landmines are not serious impediments to economic development in Bosnia and Herzegovina, and argues that general promotion of demining as a development action is unwarranted. An exception to these negative results is the study by of mine clearance in Afghanistan in which a positive net present value is obtained. However, even in that study the value of lives saved and disabilities avoided is only 35% of the total annual benefit of landmine clearance, with more benefit from saving dairy cattle.
As noted by, the study by discounts the benefits of mine clearance, but not the costs, even though the clearance program is spread over 25 years. While discounting costs substantially reduces the size of the negative NPV, the estimated benefits are still only 5% of costs. Paterson also notes that the study by Harris, and by implication the other studies cited above, fail to note that landmine programs involve targeted clearance operations rather than an “average” clearance task so that mine fields with the greatest benefits are likely to be cleared first. For example, Paterson suggests that in Cambodia the clearance of landmines that prevent the use of existing infrastructure or allow new development projects such as access roads, water systems, and irrigation works are likely to yield significant economic returns. As a result, the true economic benefits of real landmine programs are seriously underestimated. A recent cost–benefit study undertaken by shows positive benefit–cost ratios for clearing irrigation systems, water supplies, roads and bridges, school premises, health stations, and historical sites in Cambodia, while costs do not generally cover benefits for the clearance of agricultural lands. Applying these results to the overall Cambodian clearance program in 2004 Gildestad finds that benefits were 38% higher than costs.
THE CONCEPT AND ITS POLICY:
The value of statistical life (VSL) or the hedonic value of life is the trade-off between money and very small risk of death. This measure is the most prevalent benefit assessment approach used by Government agencies when valuing changes in risk. In the case of labor market, it is the wage-fatality trade-off revealed by workers‟ decision about how much extra pay or wage compensation the workers require for accepting jobs that pose additional risks.1 The VSL concept is based on the standard willingness to pay (WTP) principles from the public finance literature. While many non-economists continue to attack the entire concept of monetizing risks to life, these implicit trade-offs are reflective of how people themselves value the risks and respect consumer sovereignty in much the same way as do prices in other economic markets (Viscusi, 2008). Before conceptualizing the value of life, it is useful to distinguish this optimal deterrence amount from the amount that is optimal from the insurance standpoint.
HETEROGENEITY OF VSL :
This issue is illustrated in figure 1. Suppose that some worker groups, black or SC/ST community, etc.) faces the lower and flatter wage offer curve. Worker chooses risk for which his constant expected utility locus EU 3 is tangent to the market offer curve. This worker will have a lower VSL than the VSL of worker who faces the same risk but has different market opportunities. Hersch and Viscusi (2009) used fatality risks based on industry, immigrant status and age and found that Mexican workers face grater risk than native US workers and receive less risk compensation.
In this digital age, the workforce is becoming more mobile and work can increasingly be done from anywhere. As a result, job and location are being separated. A gig economy is a free market system in which temporary positions are common and organizations hire independent workers for short-term commitments. The term “gig” is a slang word for a job that lasts a specified period of time and it is typically used by musicians. In Gig economy, more specifically new technology-enabled kinds of work are involved. It’s also referred to as the “freelancer economy,” “agile workforce,” “sharing economy,” or “independent workforce.” Examples of gig employees in the workforce could include freelancers, independent contractors, project-based workers and temporary or part-time hires.
Components of Gig economy
The Gig economy is made up of three main components:
Independent workers – they are paid by the Gig (i.e., consumer of a task or a project);
Consumers – they need a specific service, for example, a ride to their next destination, or a particular item delivered; and
Tech platforms or companies – they connect the worker to the consumer in a direct manner, including app-based technology platforms. Companies such as Uber, or TaskRabbit act as the medium through which the worker is connected to – and ultimately paid by the consumer.
Benefits of Gig economy
They offer flexibility, freedom and personal fulfillment to the freelancers or independent workers.That means that freelancers can select among temporary jobs and projects around the world. From the perspective of the freelancer, a gig economy can improve work-life balance over what is possible in most jobs. In a gig economy, businesses save resources in terms of benefits, office space and training. They also have the ability to contract with experts for specific projects who might be too high-priced to maintain on staff. The employers can select the best individuals for specific projects from a larger pool than what’s available in any given area.
The Four Connections
Place – Disconnected from a corporate office, the people find places to work that protect them from outside distractions and pressures and help them avoid feeling rootless. Many claim their work was portable.
Routines – In organizations, routines often improve people’s workflow: keeping a schedule; following a to-do list , beginning the day with the most challenging task etc.
Purpose – For most people in our study, striking out on their own initially involved doing whatever work would allow them to find a footing in the market. But they remain with a strong will that succeeding means taking only work that clearly connects to a broader purpose. All could articulate why their work, or at least their best work is more than a means of earning a living. Purpose creates a bridge between their personal interests and a need in the world.
People – Humans are social creatures. how important other people are to our careers — as role models who show us who we might become, and as peers who help us progress by sharing our path. Loneliness might hit the independent workers and they can certainly be at even greater risk.Some freelancers are keenly aware of the dangers of social isolation and strive to avoid it. All reported having people whom they turn to for reassurance and encouragement. In other cases they’re family members, friends, or contacts in similar fields, who can’t always offer specific work advice but nevertheless help them to push through challenging times and make them to take the risks their work requires.
In the digital age, the workforce is becoming more mobile and work can increasingly be done from anywhere. Hence, Gig economy comes into picture offering mutual benefits to the worker and consumer. In Gig economy, more specifically new technology-enabled kinds of work are involved. They offer flexibility, freedom and personal fulfillment to the freelancers or independent workers.The four connections that an independent worker or freelancers have are People, Routines,Purpose and Place. Purpose creates a bridge between their personal interests and a need in the world.
The explosion of wellness as a mainstream trend has affected some positive change: healthier options at major restaurants, an influx of boutique fitness studios, and a renewed interest in self- care among them. But the invigorated interest in our health has also opened the floodgates for information – particularly around diet and fitness – that isn’t always the foremost reliable. There is so much information floating around about exercise, that it’s sometimes hard to discern fact from myth. And unfortunately for several folks, hearing is believing. Here are some common myths regarding fitness which are commonly believed and followed.
1. Stretch before you workout- We all must have heard this one and believed it without even questioning it. The importance of a pre-workout stretch is that the favorite most-believed myth, with nearly 3 in 5 believers. Studies have shown that the main advantage of stretching is maintaining or increasing range of motion through a joint. What about injury prevention and improved performance? Stretching has historically been prescribed for tight muscles as a way to get the body to relax but recently the fitness industry has discovered that stretching a ‘cold’ body could have negative impacts. But that doesn’t mean jumping right into your workout is the better option; instead, keep the pre-workout warm-up but change what it consists of. A proper workout schedule should be a cardiovascular exercise to warm the body up and get the blood flowing for about 5 to 15 minutes, followed by a sequence of dynamic exercises.
2. Lifting weights will pump up your body- For a long time weight lifting was put in the spotlight by bodybuilders, strongmen, and professional athletes determined to be the biggest and worst on the block. It bred the longstanding misnomer that you lift heavy weights minimal times for size and strength and you lift little weight a lot of times to lose weight/lean out … not true. At all. It’s important to dispel this myth because strength training is a vital component of any fitness routine. Lifting weights regularly (and appropriately) will: improve your heart health, keep your tendons/joints/ligaments lubricated and feeling good, boost your metabolism, correct your posture, regulate your hormones and make you stronger. t does all this because lifting weights taps into all of your body’s energy/movement systems while challenging it in a way that forces the response of all that was previously mentioned. What lifting weights won’t do is give you unwanted bulkiness unless you are specifically training for that.
3. Muscles turn into fat if you stop working out- This is a popular myth in part because of an optical illusion. If I transition from a lively lifestyle of building mass to whatever an alternate lifestyle seems like, there’s a chance. The muscles get smaller and therefore the body fat will probably rise counting on the diet. This leads most people to believe that their muscle is turning into fat. The real story is that muscle and fat are two different tissue systems with different functions. Muscle tissue is what gives you mass and what is constantly burning calories. The fat tissue is what gives you the ‘gut’ and is where excess energy is stored. Although energy is shared between the 2 systems, muscle and fat don’t convert to at least one another. They simply move up and down on a spectrum independently and in most cases simultaneously. The confusion for people probably come therein once they are inactive, their muscle size and productivity decreases. This results in less of a demand for ‘fuel’ or energy from food consumption. When your body has excess fuel from unused food its default is to convert it into long term storage, aka ‘fat.’ When you have an increased demand for storage your fat cells expand or grow larger and in some instances, new ones are created.
Happy Friendship Day
“A friend in need is a friend indeed” – We all grew up listening to this line repetitively. From very childhood, when a baby learns about his family and relatives, the very next thing he comes to know about is Friendship. If Family is the beginning step of one’s life; Friendship is the secondary step. Friendship largely impact one’s life. Just as family teaches the moral value, Friendship teaches the social values. Friendship Day is celebrated on 30th July every year worldwide whereas, we Indians usually celebrate the Friendship Day as on 1st Sunday of the August month. Primarily, when that kid starts going to school, he meets several new children of his age and instantly develops a connection. This sacred bond is known as Friendship. When two kids are like-minded, they talk a lot and hence get really attached resulting in devotion towards each other. This connection entirely comes from the heart and not from anywhere else. Two person cannot forcefully be friends till they don’t develop the connection mutually. Friendships mostly forms between two or more peers i.e., classmates as this essence stays on for a long period of school life. Friends tend to play together indoor and outdoor sports. They discuss about various matters like news, sports, cinema etc. Friends go off to cinema halls, excursions together also visits each other’s houses. They also supports each other at difficult times. Friends can only match up with the enthusiastic nature of one another. Friends also help each other with studies and homework. Friends are punished together for any mischief caused by them. These are some innocent naughtiness which are harmless and is remembered later on as a part of nostalgia later on after school. Every person needs friends in their lives. A child can feel difficulty in conversing with their parents due to the age gap. The child henceforth shares all the complications and problems with the friends as because they won’t judge as like the parents do. The generation gap thing here is excluded. The friends are best companions at the time when a child is facing any confusion or is reluctant to take new decision for life. True friends do it out of selflessness. Here ‘True’ friends means the best ones who would motivate you to be good and stay by your side. There are many such people who will compete with you, or get jealous and will secretly bring you down. You need to be aware of them. Your friends understand you a lot better because they shares the same learnings. A good friend would never let you down and as a companion or partner in crimes, he would stay by no matter what. Friends get to know all your secrets and also makes fun of them. Friends never allows you to get depressed or hurt. you get to enjoy your life along with your friends, by going out to various places, exploring sight scenes, eating out together, having fun etc. Giving exams together is also an important part of life.
Friends can also ruin your life, as it makes or breaks a person. A good company would ensure a better living whereas a bad company would force you to have several wrong habits which would harm your body in the most negative way. This will result in failure in fact, end of carrier or life. Choosing the better company is important indeed. Many people suffers due to a mistake of choosing wrong friends for life. They can drag you into drugs or illegal crimes, if not taken care of.
As we grow up, there is no scope for re bonding with the lost friends once again without special meet ups, because during college life you focus more on studies or carrier and not having so much fun. College life is mainly meant to prepare your self for the future hence, it requires much more responsibilities and seriousness. During college we do not get enough time to watch a movie or eat out together as we used to do in school canteens. In college one mostly has a only few friends. Later, during jobs, a person has just a handful of friends and colleagues. Friendship Day shall be enjoyed in the name of old and golden friends.
Ambedkar, B. R. (1891 – 1956): A leader of the depressed classes throughout his life, he worked for the moral and material progress of the untouchables. He was jurist by profession and equally a great social worker, politician, writer and educationist. He launched a number of movements for securing equal status for the lower castes. He was appointed the Law Minister in the Interim Government and also Chairman of the Constituent Assembly’s Drafting Committee.
Ansari, M.A. (1880 – 1936): Qualified as a physician, he organised the All India Medical Mission of Turkey in 1912-13. Later took a leading part in the Home Rule League agitation. Elected President, Muslim League in 1920. Participated in the Khilafat, the Home Rule and Non-Cooperation Movements. He was the founder of the Nationalist educational institution, Jamia Millia Islamia in 1920.
Azad, Chandra Shekhar (1906 – 31): One of the most famous revolutionaries from the present day Uttar Pradesh. He was arrested during Non-Co-operation movement, and was flogged for ridiculing the court during trial by declaring his name as Azad, his father as Swatantra and his home as prison. From this he became famous as Azad. He shot himself dead with the last bullet he had in his pistol, while fighting alone with the police.
Asaf Ali (1888 – 1953): Started his legal career at Delhi and later joined the Home Rule movement, in 1945, took up the Secretaryship of the INA Committee and he was India’s first Ambassador to Washington.
Badruddin Tyabji (1844 – 1906): First Indian barrister at Bombay High Court.
Bal Gangadhar Tilak (1857 – 1920): Remembered as Lokmanya, he played a leading part in popularising the cult of patriotism; first nationalist leader who sought close contact with the masses and he was also a forerunner of Gandhiji. He started akharas, lathi clubs, Shivaji and Ganapati festivals to inculcate among the people the spirit of service to the nation, the first congress leader to suffer several terms of imprisonment for the sake of the country. He openly declared, “Swaraj is my birthright and I shall have it”.
Bhagat Singh (1907 – 1931): Born in a Sikh Jat family of Lyallpur district, joined the Hindustan Socialist Republician Army in 1925; in 1928 shot and killed Saunders to avenge the death of Lala Lajpat Rai who received injuries during the anti-Simon Commission agitation at Lahore. He was the main accused and received the death sentence; executed on 23 March, 1931.
Bhulabhai Desai (1877 – 1946): Established the Swadeshi Sabha for promoting the boycott of foreign goods. His last and perhaps the greatest contribution to the national cause was his brilliant defence of the INA prisoners in 1945.
Bipin Chandra Pal (1858 – 1932): Entered into the Brahmo Samaj and founded the English weekly, New India; initially follower of Surendranath in politics; founded Bande Mataram in 1906 and was imprisoned for refusing to give evidence in the Bande Mataram Sedition case in 1907.
Chakravati Rajagopalachari (1878 – 1972): Participated in the anti-Rowlatt Bill Satyagraha in 1919 and gave up his legal profession in 1920, to join the Non-Co-operation Movement; a chief organiser of the Congress in the South; involved a formula for the solution of Indian Constitutional tangle in 1944 and assisted Gandhiji in his negotiations with Jinnah, served the Interim Government as Minister for Industry, Supply, Education and Finance and then as the Governor of West Bengal. In 1948 succeeded Lord Mount Batten as the first Indian Governor General of the Indian Dominion till 26 January 1950 when India became a republic, between 1952 and 1954 Rajaji was the Chief Minister of Madras. Founded the Swatantra Party in 1959.
Dadabhai Naoroji (1825 – 1917): The Grand Old Man of India, associated with the Indian National Congress right from its inception. The Indian to become a Member of the House of Commons on the Liberal Party’s ticket, President of Indian National Congrees thrice, in 1886, 1893 and 1906, first Indian to draw the attention of the Indians as well as the British Public to the drain of wealth from India to great Britain and the resulting poverty of the Indians; “Poverty and un-British rule in India”, a book written by Naoroji was published in 1901, proves his thesis of Drain of wealth.
Gopal Krishna Gokhle (1866 – 1915): A follower of Mahadev Govind Ranade, popularly known as the socrates of Maharashtra; Gandhiji became Gokhle’s political pupil, in 1905 laid the foundation of the ‘Servants of India Society’ for the trainning of national missionaries for the service of India, and to promote, by the constitutional means, the true interest of the Indian people.
Gopinath Bordoloi (1980 – 1950): One of the builders of modern Assam; imprisoned in 1941 and 1942 for taking part in the individual satyagraha and the in the Quit India Movement.
Jatindra Mohan Sen Gupta (1885 – 1933): Renounced his legal practice during the Non-Co-operation Movement, organised the strike of the employees of Assam Bengal Railways, led the Civil Disobedience Movement.
Kamala Nehru (1899 – 1936): She was married to Jawaharlal Nehru in 1916, joined her husband in the Non-Cooperation Movement, and the Civil Disobedience Movement.
Kasturba Gandhi (1869 – 1944): Endearingly married to Mohandas Karamchand Gandhi in 1882, one of the first of a group of Indian women to be imprisoned in the Transvaal, arrested for participating in the Quit India Movement in 1942, died while serving imprisonment at Poona.
Sarojini Naidu (1879 – 1949): Educated in England, showed a marked flair for literature at an early age which later found expression in beautiful English verses and earned her the title “Nightingale of India”. She joined Home Rule League in 1916; first Indian lady to preside over the Congress, led the salt raid at Dharsana in 1930, at the beginning of the Quit India Movement in 1942 arrested and detained with Gandhiji; the first Indian lady to become the Governor of Uttar Pradesh in free India, fought all her life against poverty, ignorance and social taboos.
Narayan Malhar Joshi (1879 – 1955): He was a member of the Central Pay Commission in 1947, an important leader of the Indian trade union movement; organised creches, dispensaries for women and children and industrial training schools and co-operative societies.
Swami Sahjanand Saraswati (1889 – 1951): He was President of the “All India Kisan Sabha”. He pioneered the peasants cause and became the Founder-President of the Bihar Kisan Sabha in 1927.
Vijaya Lakshmi Pandit (1900 – 1990): Sister of Jawaharlal Nehru, a prominent national leader, was imprisoned thrice in connection with Civil Disobedience Movement in 1932, 1941 and 1942; played an important role as India’s representative in San Francisco during the first meeting in UN where she challenged the might of the British.
Khan Abdul Ghaffar Khan (1890 – 1988): Born in a village of Peshawar district of the British India, joined the national movement at very young age and inculcated the ideas of nationalism into the minds of the Pathans; plunged into the agitation against the Rowlatt laws, the Khilafat, Non-Cooperation and Civil Disobedience movements, never saw eye to eye with the fanatical ideology of the Muslim League and was committed to secularism. He opposed to the Partition of India. He was popularly known as Frontier Gandhi.
Mahadev Desai (1892 – 1942): In 1917 came in close contact with Gandhiji pledged himself into the Champaran Satyagraha, editor of Motilal Nehru’s periodical, Independent.
Ram Manohar Lohia (1910 – 1968): A socialist, in 1934 became a founder member of the Congress Socialist Party and edited its journal’. ‘The Congress Socialist’, in free India. A forceful journalist who promoted the cause of Hindi as national language.
Sachchidananda Sinha (1871 – 1950): A distinguished lawyer, journalist, politician and educationist, joined the Congress in 1899, actively participated in the Home Rule movement, from 1936 to 1944 Vice-Chancellor of Patna University.
Vallabhai Patel (1875 – 1950): Born in an agriculturist family of Nadiad in Gujarat; entered politics by joining the Gujarat Sabha in 1915, of which Gandhi ji was the President; joined the Non-Co-operation Movement; led the famous peasants agitation against in increase in land revenue at Bardoli and won a signal victory; joined the Quit India Movement in 1942; in free India became the Deputy Prime Minister; a man of iron who never allowed personal sentiment to confuse his duties.
Acharya Vinoba Bhave (1895 – 1982) : Close associate of Gandhiji; leader of Sarvodaya and the Bhoodan Andolan; was a staunch advocate of cow protection.
Rajendra Prasad (1884 – 1963): As a student he took interest in the anti-partition agitation in Bengal and established the Bihari Students ‘Conference’ in the fore-front of the salt Satyagraha and the Civil Disobedience Movement in 1930 and 1932 and suffered imprisonment; on failure of Cripps Mission undertook a tour of his province and prepared the masses for the Quit India Movment; joined Interim Government as Minister for Food and Agriculture in 1946; the first President of the Constituent Assembly, became the first President of the Indian Republic.
Abdul Kalam Azad (1888 – 1958): Known as the Maulana Abul Kalam Azad, born in Mecca where his ancestors had migrated from India during the revolt of 1857; in 1898 accompanied his parents to India and settled in Calcutta, associated himself with the revolutionaries during the Swadeshi Movement; in 1929 he came in close contact with Gandhiji and supported the Non- Cooperation programme; Chief of the Khilafat Committee, elected President of the special session of the Congress at Delhi in 1924, he led the negotiations with British Cabinet Mission (1946), a member of the Constitutent Assembly; joined the Interim Government as Minister of Education and Arts, in free India he became the Education Minister and later took charge of the portfolios of National Resources and Scientific Research, he established the University Grants Commission.
Ghosh, Aurobindo (1872-1950): A leading Bengali revolutionary who later turned yogi. For about ten years, he remained active in the political field, particularly during the partition of Bengal, and was one of the propounders of the programme of Swadeshi and boycott. He expressed the view that political freedom was “the life and breath of our nation”. In 1910, he retired to Pondicherry, where he spent his life in mediation and spiritual pursuits.
Hume, Allan Octavian (A.O.Hume) (1829 – 1922): A British Civil Servant in India, who after his retirement for service in 1882 worked for India’s political claims and is known as the ‘father and founder’ of the INC. Hume was the guiding spirit during the formative years of the INC. He had studied medicine and surgery and was a great naturalist and botanist.
Ishwar Chandra Vidyasagar (1820 – 1891): He was an upcompromising social reformer and put up a valiant fight for introduction of widow remarriage and stamping out polygamy from society.
Jinnah, Mohammad Ali (1875 – 1948): A leading lawyer, leader of the Muslim League and founder of Pakistan.
Besant, Annie (1847 – 1933): An Irish English woman, who came to India in 1939 to work for the Theosophical society. She ardently worked for India’s independence. In 1915 she founded the Home Rule League to launch the Home Rule Movement and was made President of the Calcutta session of the Congress in 1917.
Bose, Subhash Chandra (1897 – 1945): He was the supreme commander of Azad Hind Fauj (the Indian National Army). In January 1941, he escaped out of India and reached Berlin. He died in a plane crash on August 18, 1945.
Impact of Coronavirus on Mother Nature
Only after the last tree has been cut down. Only after the last river has been poisoned. Only after the last fish has been caught. Only then will you find that money cannot be eaten.– Cree Indian Prophecy
As said in the quote above is very much true. As we don’t value things which we have today and we regret for that afterwards. Same goes with us, that we do with our mother nature. Whenever our phone hangs we hit the reset button. Half of our technical problems gets solved that way. Whenever we reset or reboot our system it starts working again as earlier. Isn’t it amazing. Now, same mother nature is doing with us. Novel Coronavirus or COVID-19 has shut down the whole world. Almost 90% of our life was shut down and all the world seemed to be stopped at that particular time. As we know COVID-19 is contagious and it transfers from person-to-person and for controlling this pandemic lockdown, sanitizer and social – distancing is the only solution to this problem as no specific medicine is discovered till now by any of the country. The nationwide lockdown which was ordered by our Honourable Prime Minister Narendra Modi has resulted our mother nature to reset or reboot. Our mother nature was rejuvenating or rejoicing during that period as human beings were restricted at their homes and was giving a chance to our mother nature to relax and heal from all the pollution caused by the human’s like air, water, land and noise pollution over past many years. The Mumbai known as the busiest city of India was looking like a bare or stark land and this deserted look of Mumbai was going viral at that time on social media platforms. This social media was helping us to look another side that is the true beauty of the city and how we were harming this beauty of nature and were creating hurdles. As at that time people were restricted to stay at home and their was less to no humans on roads means less pollution, clean beaches and clean air. During that particular time, Delhi’s Air Pollution level dropped as the AQI (Air Quality Index) sank to as low as 93 in New Delhi as compared to 161 in March 2019, as per IQ Air Report. Another positive news or impact of lockdown on mother nature was related to aquatic or marine life and that is Mumbai’s Marine Drive witnessed a school of dolphins playing in the water and this was due to decrease in water traffic and water pollution during lockdown period and this has given them a new playground to play. The next positive impact was on our most sacred river and that is river Ganga. The health of Ganga river has shown significant improvement during nationwide lockdown which has led to reduction in dumping of industrial waste into it, experts have said.
Finally, humans have achieved rapid growth over the last century. But during this journey of advancement, we encountered arrogance of knowledge and started harming our nature and that too by rigorously using natural resources without hesitation. The whole world is trapped in a vicious circle that no one was willing to break, think or stop. Even though nature continued to warn us from time to time but due to our arrogance and attitude we use to ignore these indications and act like as if we are blind and deaf. But how long could she tolerate these things? And that’s why she replied, and now the whole world has come to a halt, due to a tiny virus which is an invisible enemy. But, nature is still kind to us. She is giving us another chance. Our mother nature is following the principles of “Giving” as she always give us. She never complaints to us as she is a mother, she always gives us another chance. We should always show our gratitude or should say Thank You to God for every good and bad things. As there is a positive energy behind this and the things become positive. Nature gives us a clear message – “I forgive you, I give you another opportunity and have made your job even easier. Now breath the clean air, enjoy the clean water, watch the clear skies but don’t pollute it again. What you have lost is also mine because you are my own being. But I have to balance my parts. If you rebel, then know, the final call will be mine.” So lastly –
“We often forget that we are nature.
Nature is not something separate from us.
So, when we say that we have lost our connection to nature, we have lost our connection to ourselves.”– Andy Goldsworthy
Social Media Good or Bad?
Well before i start this article, let me mention to you that this is just my point of view on the current situation.We all know the rapid growth of Social media in the today’s world.We have so many platforms like Faccebook,Instagram,Twitter etc.I’d like talk about the good and bad about Social Media.
1.It is a platform where we can convey our messages immediately.It is definitely a boon when it comes to this because when you consider the period 50years ago,the major communication medium that was used were the letters but the major drawback of it was that it was time consuming and the message to be sent was delayed.Well not anymore.
2.People who lived away from their family can virtually meet them through video calls .
3.There are many platforms where we are free to share our views ,our photos and our videos.Things get viral in no time in today’s world.It’s immediately brought to notice to people who later give justice to the case.
4.Online shopping is one of the most trending social media platforms now in this pandemic .It is very easy for us to just order anything online and in no time we have it on our doorstep.
1.Online bullying has become worse case scenario nowadays.Young people are a trap fro this.Many of them comment or state statements which hurts the others feelings.There are cases where online bullying has led to crimes like suicide and murders.
2.Online predators are increasing everyday ,teenagers are a prey for it.These predators sexually assault them online and cause harm to the mental health of the young minds.
3.Everyone is getting addicted to it. We are making social media a bane for ourselves by over using it .We are forgetting the value of relationships and rather worry about the virtual relationship ,we are spending less time with family and more on being online.
4.We depend on the social media and make less use of our minds for example when a small boy is given a math problem he immediately googles it instead of spending some time to think about it.
I would like to conclude by saying that we have to be alert in whatever steps we take and not depend on something which might result in harming us.During the lockdown we literally spend horse on social media instead we could just spend some time with our family and also spend time in exercising and keep our mental and physical health stable.
Let’s just say that social media is a boon to people, who make use of it, in a right way, and a bane to people who just want to fool around. But we must be careful and not get tangled in the dangerous web of social media evils. We must use social media carefully and make it an advantage to us. The more we restrict someone from using social media, the more they get curious about it and end up getting caught in its evil web. So it’s better to let them use it carefully and find out more about the same.
Are we raising a generation of burnt-out children?
Basic things needed by a child in the childhood are the time to play and to look and explore the world through his own eyes. This is a natural thing and of course, right from a child’s mindset. But, in this busy world, Parents show greater interest in developing the talent of the children for their better future. They see the competitive world in front of them. They realize that only “The most eligible can survive” by competing with his capabilities among the sea of humans.Hence, they unknowingly put constant pressure by comparing the children with their peer groups.
Growing up with the Internet and technology meant constant stimulation for the current generation. As we know, constant stimulation affects our nervous system, and some of this stimulation can trigger our stress response without us being aware. This era of technology only became more complicated when cellphones were added to the mix. At this point, the stimulation became portable, and people could carry around devices that connected them 24/7.When they have to be away from the gadgets for a while, they become impatient and exhibit the symptoms of burnout, anxiety or depression.
The constant pressure to optimize their futures
The way teachers and parents force the students to think about their careers at increasingly young ages is quite alarming. It puts a lot of pressure on the children. In order to escape from this, they seek an outlet and get addicted to the social media or online games in mobile gadgets. In this e-learning age, children are even disturbed there by the reminders they received from their school about their assignments or projects meanwhile.
Signs of Burnt-out children
The children having a negative attitude or indifferent view is a sign of burnout. They just struggle to cope with the dynamic changes happening around them and the need to adapt to it for their survival. All the
hard work and stress can turn into overload and lead to burnout in school. And when it does, it can destroy the very motivation that keeps them working to improve. Knowing the signs of burnout in kids can help you protect your child from becoming exhausted and shutting down.
Here are seven common signs of burnout in kids:
- Procrastination: Your child used to be motivated to start schoolwork right away. Now, you have to give several reminders. And your child still complains and stalls.
- Fatigue: Their energy levels are depleted and fully exhausted by the burnt-out condition. These generation children are too sensitive and get burnt-out easily. They need to be kept engaged or busy, else they become restless.
- Negativity: Your child’s positive attitude and curiosity has disappeared. You often hear your child say, “What’s the point?” Activities your child used to like are now viewed as unfun or boring.
- Trouble concentrating: Your child seems to be restless, keeps pestering you with questions or sharing irrelevant information and can only focus for about 10 minutes before becoming distracted. It used to be for twice or more as long. They might be attention deficit and difficulty in focusing.
- Irritability: Your child seems to be easily annoyed or upset by little things that weren’t a big deal in the past. They could not remain patient and wait.
- Not confident: They are unable to do their work on their own and depend on others. For namesake, they involve themselves in school activities.
- Avoiding situations: Their innocence is screwed up by these pressures. They do not want to mingle with others or explore new things. They just want to be like a snail within its shell.
Recognizing the signs can help you make changes at home to prevent burnout. Start by asking what kinds of emotions your child has been feeling. Explain what burnout is, and then brainstorm with your child about what might help. If it is left unnoticed, it may lead to severe anxiety and stress-related psychological disorders.
Summing up ….
Kids who learn and think differently often face more hurdles and stress than their peers. Talking about what your child is feeling is a good first step toward reducing burnout. Understandably, not every stress can be eliminated and the children should be taught to manage it with stress management techniques. You need to support them with the proper nutrition, supplementation, lifestyle and mindset. These four elements will help your children feel better , physically and psychologically.
Daydreaming can be fun, harmless and beneficial but, not at all times. Growing up we’ve all day dreamed about a past event that took place in our life, or a future scenario, we wish that could take place. It’s all fun and happening if we can control it , if we don’t end up spending our entire time imaging them or if that does not disrupt our daily lives. But when someone keeps daydreaming excessively and cannot control them and this leads to them always being distracted from what they are required to do ,then that is a serious issue and is called Maladaptive Daydreaming.
Most of the time, our daydreaming is voluntary, that is, we can control it and stop it whenever we want to, but sometimes it becomes excessive and tricky and we often find it difficult to concentrate on our real lives. If you have anxiety, then you think about every possible negative scenario, that can take place. Say for example, you have a class presentation, you start worrying and start daydreaming about how the presentation can go wrong. You often overthink something and start imagining awful stuff. Say like, you start imagining about, getting under a bus or falling from the terrace etc. People with depression end up daydreaming about every possible depressing scenario.
Some people say that daydreaming is a form of escapism. This is not bad, but avoiding any situation can only make it bigger and worser, so it’s better to face problems, than avoid them. It’s our brain’s way of protecting us from stress and pain. It’s however possible that playing a sad scenario in your mind is just normal and not Maladaptive Daydreaming. Research says that people with this disorder end up spending at least 60% of their waking hours daydreaming and disconnecting themselves from the real world. People have often been fired from their jobs because they were often found daydreaming, this has affected a lot of people in a negative way.
Symptoms of Maladaptive Daydreaming:-
- The quality of the daydreams are very high and vivid.
- They are abnormally long.
- They become hard to escape and return to the real world.
- Daydreaming is triggered by an external event such as watching a movie or listening to music.
- They cause insomnia.
- There are certain unconscious movements while daydreaming.
We can stop this by getting proper sleep, increase the amouyand the quality of your sleep. Keep someone informed about your symptoms, so that they can help you when you abnormally day dream for a longer period of time. Identifying the triggers and avoiding them can really be helpful and talking to a therapist about this would help you feel better. This is a serious disorder as it ruptures your mental health and you start avoiding the real world and spend more time in your imaginary world. But don’t freak out after reading this because I did too, it’s common for us to daydream, all of us do, but ensure that you can control it and it doesn’t disrupt your normal real life.
Body shaming: How ignorant are we?
Discriminating or criticizing someone for their physical appearance is called body shaming. How often do all of us face it?. We almost face it very often but we have become immune to such comments. Is this right? Well in some cases it is right to lock out the negativity of life, but in the long run we cannot choose to ignore them, we must take a stand for ourselves and others and tell the shamers that they are wrong. Society has some norms of how one must look, anything more or less will attract attention and unwanted advice.
We see a lot of advertisements for weight loss, it’s not wrong to feel that you wanna lose weight, but the problem is that the advertisements are so disrespectful, they make chubby people look like they’re diseased.
Have you noticed that a lot of sitcoms use chubby people always as side-kicks and constantly crack jokes on their weight? Don’t you feel disgusted to laugh at these jokes? But let me tell you something, even chubby people sometimes end up laughing not understanding the insulating sitcom. This is how society and it’s unwanted norms have made people do. This society should rather work on making people feel awesome the way they are. We are often told that changing your appearance would help or wearing some loose clothes will not show those extra inches or should cut on some food. There is a clear difference between people who genuinely care for you, and people who fake concern, just to thrash you down.
Body shaming manifests in three ways:-
- Criticizing yourself:- You often compare yourself with others, the way they dress up or how their body shape is often makes you feel insecure. You want your body to be like the other person’s body, this often leads to lack of self love and self confidence. You start to hate every part of you bit by bit.
- Criticizing another person’s appearance in front of them:- You often tend to hurt or insult someone’s appearance directly. You make certain derogatory remarks about them on their face like how they might not end up having a boyfriend because of their weight. This is really demeaning, as this can break them down and make them feel worthless.
- Criticizing about a person to a third party:- You often comment about someone’s appearance or looks, to another person. You start making derogatory remarks about that person to someone else. This can also seriously affect the person if they get to know about this through a third person. You start commenting and making remarks such as:- ‘look at how fat her thighs are she needs to dress up more accordingly and stop wearing tight clothes’.
Body shaming should be stopped, people have the right to choose the way they wanna look and sometimes people don’t get to choose the way they wanna look. So we must stop being judgemental about them and help them love themselves. Encourage them and bring their self confidence higher than it can reach.
THE SANGAM AGE
Sanskrit word ‘Sangha’ means a group of persons or an association. The Tamil Sangam was an academy of poets and bards, who flourished in three different periods and in different places under the patronage of the pandyan kings. The Sangam literature speaks highly of three south Indian Kingdoms—Chola, Pandya and Chera. The earliest reference that we find about this era is preserved in three forms: Ashokan inscriptions, Sangam literature and Magasthenese accounts. The three important kingdoms of the Cholas, the Pandyas and the Cheras, combinedly was known as Tamilakam. The ancient literature of Tamils, known as the Sangam literature, is very massive, but it hardly fulfill is the demands of history and chronology.
The kingdom of the Cholas with its capital at Kaveripattanam was started from Kavery delta to the adjoining region of modern Tanjore and Trichinopoly. One of their early kings, Karikala (A.D. 190), who figures very prominently in ancient literature, is credited with victories over the rulers of the neighbouring Pandya and Chera kingdoms and is believed to have even extended his authority over Ceylon. Towards the beginning of the fourth century A.D., the power of the Cholas began to decline mainly because of the rise of Pallavas on one hand and the continuous wars waged by the Pandyas and the Cheras on the other.
The kingdom of the Pandyas with its capital at Madurai extended to the modern districts of Madura, Ramnad, Tinnevelly and the southern parts of Travancore. References to the Pandyas occur in ancient literary works like the Mahabharata and the Jatakas as well as in Indica of Megasthenes. According to Ashokan edicts, the Pandyas were independent people living beyond the southern border of the Maurya empire. A Pandya king is also known to have sent as embassy to the court of the Roman emperor Augustus and Trojan.
The earliest reference to the Chera (Keralaputra) kingdom can be traced in the Ashokan inscriptions. It comprised the modern districts of Malabar, Cochin and Northerm Travancore. Its capital was Vanji, which is identified by some with a site of Periyar River, by others with Karur or Karuvur located in the western most Taluq of the Trichinopoly district. The people of Chera Kingdoms were a sea-faring people who, established close commercial relationship with Egypt and the Roman Empire. Tondi, Musiri, Kaveripathanam and Korkai were among the well-known trade centres of Peninsular India.
Sangam was an association or assembly of Tamil poets held probably under chiefly or royal patronage. But we do not know the number of Sangams or the period for which they were held. The Sangam literature was compiled in circa A.D. 300-600. But parts of this literature look back to at least the second century A.D. The Sangam literature can roughly be divided into two groups, narrative and didactic. The narrative texts are considered works of heroic poetry in which heroes are glorified and perpetual wars and cattle raids frequently mentioned. The didactic texts cover the early centuries of the Christian era and prescribe a code of conduct not only for the king and his court but also for various social groups and occupations. All this could have been possible only after the fourth century A.D. when Brahmanas appeared in good numbers under the Pallavas.
Sangam literature consists of the earliest Tamil works (such as Tolkappiyam), the Ettutogai (Eight Anthologies) the Pattuppattu (Ten Idylls), the Padenenkilkanakku (Eightten Minor works) and the three epics. Earliest Tamil Works were the Agattiyam (a work on grammar of letters and life) by Rishi Agastya, Pannirupadalam (a grammatical work on puram literature) by 12 disciples of Agastya the Kakkipadiniyam (a work on prosody) and Tolkappiyam (a treatise on grammar and poetry). It is divided into three sections each consisting of nine sub chapters and has a total of 1,612 sutras) by Talkappiya. The last epic shows the dominance of Sanskrit style over the indigenous style of the previous epics.
The Tamils during the Sangam period were ruled by powerful kings. The kings were regarded as Vendar while the local chieftains were called Mannar. The form of government was hereditary monarchy. The eldest son usually succeeded the father. The crowned king held impressive courts to which the subjects were allowed. There was conspicuous absence of Privy Council or a Council Chamber. The king was regarded as God. The theory of divine right of kingship was accepted. But he was always assisted and guided by wise men whether a minister, or a poet or a purohitar. These wise men were divided into two categories—Aimperukulu consisting of Purohita, the army chief, the ambassador, the spies and the ministers; and Enperayam consisting of accountants, executive officials, treasury officials, palace guards, and the leading men among his subjects. Wars occurred on the pretext of cattle-lifting.
LAW AND JUSTICE
Sangam literature does not describe any posts of Judge disputes were settled by learned men of high character, and the judgement was based on integrity and impartiality. The Cholas have gained great respect because of this. The king was the supreme magistrate. The town court was called ‘Avai’ and the village court was knonw as ‘Manrams’ which might have been pachayats, were distributed across Mandalam (kingdom) in Nadu (districts) and Ur (town).
The Sangam society was based on binary fission, i.e.
- Vyarntoc (high born people),
- Ilipirappalar (low born people)
However, Tholkappiyan mentions, about four categories of castes–
- Andanar (Brahmanas)
- Arasar (kings)
- Vaisiyar (Traders)
- Velalar (Farmers)
Moreover, these were communities, called parciyas experienced untouchability among higher classes.
Position of Women
Women took part in various fields like–
• They contributed in literature, evidence is from their poetry.
• Women were allowed to choose their life-partners, i.e. love-marriage was permitted.
• Widows lived a miserable life and sati system was practiced in higher classes of society.
• The kings and nobles patronised dancers for their entertainment.
The Sangam economy was most prosperous. The common people were included agriculturists or cow-herders, hunters and fisherman. Indigenous industries such as textile, weapon making, ship-building, carpentary, metal smelting, etc. There were also a large number of merchants who indulged in comprehensive trade with foreign countries particularly with Rome. Roman coins of Augustus Caesar’s period have been found in a large number in South India. But, South Indians did not have a system of coinage and they bartered their goods. Examples of honey and roots exchanged for fish-oil and of sugarcane and cornflakes for venison and toddy find its mention.
ART AND ARCHITECTURE
The temples of South India had a distinct Dravidian style which is different from the Nagara style of the North Indian temples. The Kailash Temple at Ellora, Hoysala temple at Belur and Halebid, Chennakesava temple at Belur, the Hoysaleswara temple at Halebid, Ratha and Shore temple at Mahabalipuram, Brihadeshwara temple at Tanjavur, Vithala temple at Hampi, and Meenakshi Temple at Madurai are fine examples of architecture.
International Friendship Day
“True freinds are never apart, may be in distance but never in heart.”
International Friendship Day is a day in several countries for celebrating friendship. It is celebrated on July 30 every year across the globe. The day is celebrated to mark the importance of friendships and friends in promoting peace in various cultures across the globe, to cherish friendship and value the people in our lives.
The idea of World Friendship Day was first proposed by Dr. Ramon Artemio Bracho in 1958 in Paraguay. He coined this term when he was having dinner with his friends in Puerto Pinasco. The dinner hosted by Dr. Ramon Artemio Bracho gave rise to the World Friendship Crusade, which is a foundation that encourages friendships across the world irrespective of race, color, religion, and ethnicity. In 2011, the Friendship Crusade, on April 27, 2011, the General Assembly of the United Nations declared July 30 as official International Friendship Day. It was initially promoted by the greeting cards’ industry, evidence from social networking sites shows a revival of interest in the holiday that may have grown with the spread of the Internet, particularly in India, Bangladesh, and Malaysia. Mobile phones, digital communication, and social media have contributed to popularize the custom. It is also celebrated by exchanging gifts and planning outings with friends. In India, people celebrate this day by giving colorful friendship bands and flowers to each other.
Those who promote the holiday in South Asia attribute the tradition of dedicating a day in the honor of friends to have originated in the United States in 1935 but it actually dates back to 1919. The exchange of Friendship Day gifts like flowers, cards, and wrist bands is a popular tradition on this occasion.
Friendship Day celebrations occur on different dates in different countries. The first World Friendship Day was proposed for 30 July in 1958, by the World Friendship Crusade. On 27 April 2011, the General Assembly of the United Nations declared 30 July as official International Friendship Day with the idea that friendship between peoples, countries, cultures, and individuals can inspire peace efforts and build bridges between communities. However, several countries celebrate friendship day in before and after the UN-designated date. In India, Friendship Day is celebrated on the first Sunday of every August. In Nepal, Friendship day is celebrated on 30 July each year. In Oberlin, Ohio, Friendship Day is celebrated on 9 April each year.
“Friendship is the base of every relation. It is the golden thread that ties the heart of all the world.”
According to the United Nations’ website, “Through friendship — by accumulating bonds of camaraderie and developing strong ties of trust — we can contribute to the fundamental shifts that are urgently needed to achieve lasting stability, weave a safety net that will protect us all, and generate passion for a better world where all are united for the greater good.” The UN resolution places emphasis on involving young people, as future leaders, in community activities that include different cultures and promote international understanding and respect for diversity. To mark the International Day of Friendship the UN encourages governments, international organizations, and civil society groups to hold events, activities, and initiatives that contribute to the efforts of the international community towards promoting a dialogue among civilizations, solidarity, mutual understanding, and reconciliation.
“Freindship is the only cement that will ever hold the world together.”
CRITICISM is a good thing for creativity
Realistically, criticisms are hard to deal with; after all, nobody likes to be told they’re wrong. But it’s not all bad news because sometimes you can use criticism to prove yourself strongly and give you a competitive edge.
A form of communication
If someone has a criticism it means they want to give you feedback on what you’re doing for them – that means an opportunity to learn more about the person who you’re working for and how to convert them into a satisfied customer or audience member. Take a moment to think before you respond to what they’re saying and act on criticism, in the sense, both parties can work towards a better outcome. It gives a chance to get to know what your audience actually want. Using that information, we can give a better service, though it makes us uncomfortable to listen to it sometimes.
It forces you to think about how you work
Constructive criticism can guide you away from bad practices and towards good ones. It positions you in the right track. You can just feel it by trying to be objective and looking at how you’re performing as though it’s not yours. This can be particularly difficult when you’re deeply involved in a project but, if you can take a step back, you might see how to improve your way of working and avoid any undesirable or negative consequences down the road. In order to make the situation smoother, try to use positive language and turn your words into action to show that you can listen to feedback, respond in the correct way and still get the job done for them.
It’ll give you new perspective
When you’re working on the same project for long periods of time, chances are you’ll lose sight of things that aren’t performing well and there might be scope for betterment. Inviting feedback into your project will help you gain a new way of looking at those things and improve the way forward.
It’s a negative motivation or drive for your growth
Remember, giving someone negative feedback is almost as hard as being on the receiving end. You know what you’re saying is going to hurt the person but you do it anyway. You can take it in a positive stride and challenge them. Hear what they have to say – they could be the difference between success or failure.
It teaches you a lot about yourself and other people
How do you react when someone starts with negative feedback? Receiving criticism helps you learn about areas of your work that could be improved but it also helps you manage your own emotional reactions, helping you improve your leadership qualities.On top of this, you’re also gifted insight into the other person. You can observe how do they approach difficult situations. This will improve your relationship with them as you find effective ways of communicating with them and work towards shared goals.
The final thoughts….
A good professional is able to take criticism on board and not respond immediately as though it’s a personal attack. They look at the problematic situation in different points of view and outweigh the pros and cons of it. They are also able to make it work to their advantage or, if all else fails, politely conclude and leave with their reputation intact.
If the modern world had not known Swami Vivekananda, who stirred up world thought with his short life span, we would probably have disbelieved the life of Adi Shankara, who completed his mission in just 32 years.
Vivekananda spoke to human beings only about the spirit and the essence of man. The very definition of ‘Man is Potential Divine’ can be considered as the heart of Vivekananda’s message. Gandhiji said: “I want to tell the youth not to return empty-handed to Vivekananda.”Swami Vivekananda, who presented the Upanishads in a modern style in the Western world, was shaking up Western thought itself, describing the value of life and the way to bring it out and express it. The notion that ‘sin is the greatest sin’ was enough to shake up the whole thinking of the West.Many Western geniuses inspired by Vivekananda are proof that this gospel of power has transformed the Western world. The French philosopher Romain Roland, Margaret Noble, Tesla and Maxller all enriched that column by saying that the wise men could be heard as electric shocks.Swami Vivekananda is considered to have achieved ‘universal victory’, perhaps because of his re-establishment of worldview in this way by highlighting the theories of the Vedas.
This influence on the field of thought can be summed up by borrowing the words of Nataraja Guru: ‘Swami Vivekananda has made a permanent investment in the West. Anyone can be there for the interest. ‘ An important truth accepted by the whole world about the message of Vivekananda is that, as Tagore said, ‘there is nothing negative in Vivekananda’. Even that form of Vivekananda is reminiscent of eternal youth and eternal inspiration.
In the hustle and bustle of everyday life it sometimes becomes impossible to do everything ourselves and hence it becomes necessary to employ people to perform our acts. The person employed is the “agent” and the contract by which he is appointed is called “Agency”. In an agency, an agent acts on behalf of his principal and often uses his name and his acts in that capacity are attributable of the Principal. The law of agency is based on the maxim “qui facit per alium facit per se” i.e. he who does an act through another does it by himself.
“Agent” and “Principal” defined: Section 182
Section 182 of the Indian Contract Act, 1872 defines an “agent” and “principal” as follow: An ‘agent’ is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the ‘principal’.
The concept of “agency” has been thus explained by Ramaswami J. of the Madras High Court in Krishna v. Ganapathi, AIR 1955 Mad 648. In legal phraseology, every person who acts for another is not an agent. A domestic servant renders to his master a personal service; a person may till another’s field or tend his flocks or work in his shop or factory or mine or may be employed upon his roads and ways; one may act for another in aiding in the performance of his legal or contractual obligations to third persons…….In none of these capacities he is an “agent” within the above meaning as he is not acting for another in dealings with third persons. It is only when he acts as representative of the other in business negotiations, that is to say, in the creation, modification, or termination of contractual obligations between that other and the third persons, that he is an “agent.”…… Representative character and derivative authority may briefly be said to be the distinguishing features of an agent.
The essence of the matter is that the principal authorised the agent to represent or act for him in bringing the principal into contractual relationship with a third person. Representative capacity is the test of agency relationship, merely because the respondent had undertaken to supply machinery for certain period did not make him an agent to the petitioner.
Existence of Agency relationship
The test of determining the existence of agency relationship has been explained by Dhawan J. of the Allahabad High Court in the following words: “Agency depends on true nature of relationship. The use of the word “agency agreement” and “agent” by the parties in a contract does not necessarily establish the relationship of agency is not conclusive; if the incidence of this relationship as disclosed by evidence does not justify a finding of agency and that the Court must examine the true nature of the relationship and the functions and responsibilities of the alleged agent.
Co-agents and Co-principals
When the authority given to co-agents is joint, it would be necessary for them to act jointly and only then their principal would be bound. When the authority is joint and separate, any one of them would be competent to act for the principal. An agent who represents more than one principal in one and the same transactions, he should account to all of them jointly, for an account given to one may not absolve him from his liability.
THE PERSECUTION ON ROHINGYA MUSLIMS
900,000 Rohingya Muslims were driven out of Myanmar. The refugees fled the country due to persecution of Myanmar’s military. The refugees fled to neighbouring countries of Bangladesh, India, Thailand and other south-east countries. The Buddhist nationalist majority in the country, they consider the Rohingya Muslim minority as illegal immigrants from Bangladesh and refer the immigrants as Bengalis. They are considered as illegal immigrants as the Burmese nationality law effectively denied them citizenship. Because they are denied citizenship, they can’t pursue higher education. The citizenship act of 1982 banned them from getting citizenship; they are the biggest stateless population. They are the most persecuted minorities in the world. The Myanmar government and its military have been accused of ethnic cleansing.
The genocide had two waves, the first phase of persecution was from October 2016 – 2017, and the second phase was 2017. The genocide started in December 2016, where the military in northern Rakhine where more than 1,250 villages were burned down by the military. The crackdown caused arbitrary arrests, sexual assaults, gang rapes and violence against civilians. All of this violence was sanctioned by the government. According to a police document that was procured by the Reuters said that the Myanmar police that 423 Rohingya Muslims were detained and among the 423, 13 were children. From the interviews done by the office of the United Nation High Commission of Human Rights women said that sexual assaults and gang rapes were systematic and planned. Rape has been used as a weapon in the genocide and women are forced to watch their children, husbands and family members die in front of them. In January 2017, an online video surfaced in which the armed forces were violently beating Rohingya Muslims, the Myanmar government then detained 4 officers over the video. All these crimes amount up to war crimes. There have also been reports of using child soldiers in the ongoing persecution. Satellite images show that Rohingya Muslim villages were ransacked and burned to the ground.
The military-led government hasn’t taken any actions against the genocide but are a part of it. The first free elections were held in 1990 but it was annulled. The free elections held in 2016 elected Aung San Suu Kyi as its leader but the military still holds all the power behind this democratic facade. When cyclone Nargis hit the country, the government intentionally blocked attempts to aid the minority population, thousands died as a result. Despite, the international condemnation, the government has declined to stop or comment on the issue. It’s largely Buddhist population believes that the Rohingya Muslims are illegal immigrants thus it justified the actions of the government. This genocide has led to the world’s biggest stateless population and a huge refugee crisis. Most of the Rohingya Muslims flee the country and go to Bangladesh. Due to this Bangladesh has a high influx of refugee who then migrates to India, Nepal, Bhutan, Thailand, Malaysia and other Southeast Asian countries looking for refuge. Because most of these countries have a huge population they are reluctant to take it, refugees. Because no country is willing to take them in they must live in refugee camps till the issue gets resolved. The ongoing genocide has been a huge blow to human rights in Myanmar, the government refusal of acknowledgement and its participation in the genocide has garnered international criticism. Many reports of rape, assault, attack on the civilian population have made it very clear that there is a rampant violation of human rights. The crisis is currently ongoing with little efforts from the government to control it.
This article tries to explain briefly the emergency provisions of our constitution. The emergency provisions include Art.352 to Art.360. emergency is a situation which arises due to the failure of the government authority that causes immediate action from the authority.
The power of imposing all three types of Emergencies is vested upon the President of India. The concept of Emergency was borrowed from the Constitution of Germany. The three types are as follows –
Article 356 – President’s Rule
Article 352 – National Emergency
Article 360 – Financial Emergency.
Article 352 discusses about the Proclamation of Emergency.
During the times of such emergency the executive, legislative and financial power rests with the centre whereas the state legislature is not suspended. National emergency has been imposed thrice in the country- in 1962 at time of Chinese aggression, in 1971 during the India Pakistan war, in 1975 due to internal disturbances.
Article 353 discusses about the Effect of Proclamation of Emergency.
the power of Parliament to make laws with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List is explained in this article.
Article 354 talks about the Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation which is by the President not extending in any case beyond the expiration of the financial year in which such Proclamation ceases to operate, as may be specified in the order, have effect subject to such exceptions or modifications as he thinks fit. Every order made shall, as soon as may be after it is made, be laid before each House of Parliament.
Article 355 discusses about the Duty of the Union to protect States against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution.
Article 356 Provisions in case of failure of constitutional machinery in States that is the President’s Rule.
If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or authority of the State other than the Legislature of the State and can also declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.
The President can make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to anybody or authority in the State, Provided that nothing in this, shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts. Article 357 deals with the Exercise of legislative powers under Proclamation issued under article 356.
Article 358 says about the Suspension of provisions of article 19 during emergencies.
Nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect. Article 359 deals with the Suspension of the enforcement of the rights conferred by Part III during emergencies.
Article 359A that is about the Application of this Part to the State of Punjab is Repealed from the Constitution of India that was inserted in the 63rd amendment , 1989.
Article 360 deals with the Provisions as to financial emergency.
The president under this Article 360 of the constitution has the power to declare financial emergency if he is satisfied that the financial stability or the credit of India or any part of its territory is threatened. It has to be laid before both the Houses of Parliament and ceases to operate at the expiration of two months unless meanwhile approved by the resolution of Houses.
During the operation of financial emergency, the executive authority of the union extends to the giving of directions to any state to observe certain specified canons or financial propriety and such other directions that the President may find necessary. The directions may include reduction of salaries or allowance of those serving a state, of all those in connection with the affairs of union including judges of high court and Supreme Court. There has been no occasion of financial emergency in India.
citizenship has become a controversial topic in all the heated debates in all forums and news channels by the implementation of the Citizenship Amendment Act that was passed in 2019. In this Article, I have tried to throw light on the citizenship provisions of our constitution.
The Part II of the constitution of India explains about citizenship. It includes articles 5 to 11.
Art. 5 “5. Citizenship at the commencement of the Constitution At the commencement of this Constitution every person who has his domicile in the territory of India and
(a)who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India”
The article 5 of the constitution of India says that citizenship of an individual at the commencement of the constitution of India. It can be decided on the grounds as mentioned in the Art.5.
The Art. 6 of The constitution of India
“6. Rights of citizenship of certain persons who have migrated to India from Pakistan Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if
(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(i)in the case where such person has so migrated before the nineteenth day of July, 1948 , he has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948 , he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India or at least six months immediately preceding the date of his application.”
The article 6 of the constitution of India talks about the citizenship of persons migrated to India from Pakistan. This is mainly because there was a migration of a large number of people after the division of India and Pakistan after 1947.
The Art. 7 of The Constitution of India
“7. Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March, 1947 , migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948 “
This Art. Of the Constitution of India talks about the citizenship rights of people who migrated to Pakistan from India after the Division of the two nations.
The Art.8 of the Constitution of India states
“8. Rights of citizenship of certain persons of India origin residing outside India Notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India”
This Art. Talks about NRI’s (Non-Resident Indians) and the rights that they possess in the Indian Territory.
The Art.9 of the Constitution of India
“9. Person voluntarily acquiring citizenship of a foreign State not to be citizens No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State. “
This Art. talks about the persons who are acquiring citizenship of a foreign state are not considered as the citizens of India. India does not allow citizens to have dual citizenship unlike other states.
The Art.10 of the Constitution of India
“10. Continuance of the rights of citizenship Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen”
This Art. talks about the rights of people who are the citizens of India under the part 2 of the Constitution Of India will not restrict the parliament to make laws on citizenship.
The Art.11 of the Constitution of India
“11. Parliament to regulate the right of citizenship by law Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship PART III FUNDAMENTAL RIGHTS General.”
This Art. talks about the power that the parliament has the power to make laws and amend the laws made regarding citizenship.
“Importance of persistence in one’s life”
Well, everyone could answer what’s the exact meaning of persistence? it’s nothing but the continued or prolonged existence of something, or have a clearly defined goal stick to it assign yourself with a meaningful tasks to complete the goal with the given specific period of time. But, this little word has got a lot of thing to add in one’s life.
Persistence means being a leader in your own successful life, not a follower. Don’t follow trails, blaze them. Of course, that means you must know where you’re going. having persistence in any area of life can take you to greater heights but persistence without a plan is not worth it, a right planning, a good schedule, a learning mind, along with a good peer group are the factors responsible for your productivity with a good persistence.
The one step rule:
The secret to maintain persistence is to follow one step rule i.e one step at a time. If you meet an obstacle or a problem along the way, tackle it, solve it, then move on to the next. The way problems don’t become overwhelming. And, in clearing up one you may find that when you come to the next one it has already solved itself, Time solves an awful lot of problems. But, the best way to tell yourself that once is not enough, to get off the mat and come back for more, to develop the endurance you need to go to the distance on your feet, is go by that “one step a time” rule.
Yes, practicing persistence payoff, we come across many real life inspirations where they devoted their entire life to contribute something to our society, to bring a change, many of our scientists, freedom fighters, and many more who persistently strived hard to bring about the changes in our society, and many who have made our lives easier by inventing new things and lot more. A persistence of hardwork in a student’s life can get them good academic grades, a persistence in a life of athelete can make them win olympic medals representing their country.
yet last but not least, for all the readers here remember, Ambition is the path to success, persistence is the vehicle you’re in, and Energy and persistence can conquer all things.
persistence is the key that unlocks potential.
Justice Delayed is Justice Denied
Justice delayed is justice denied is the perfect phrase that can describe the current judicial network that exists in India. The phrase means that when relief or redressal is available to the injured party, but this is not provided in the correct time, it the same as having no remedy or redressal at all. When justice is delayed due to various number of causes, it will always lead to the conclusion that justice is denied. A perfect judgment can only be given when the court of law takes the decision in same time frame as the case has happened. We know that as the society changes, the law must change correspondingly, as law exists to protect the population, and it must by dynamic enough to change accordingly. In the same manner as time passes, the opinions, evidences, laws, etc might have high chances to change, and this will surely influence the decision which is taken by the court. There are many causes of delay, and one of the main reasons is due to delay in disposing the cases, pendency cause more pendency, and this leads to a whole lot of arrears. The reasons for the cause of delay in disposition of the cases have been discussed as follows:
- The ratio of judges to the nimber cases and the population is very low in the nation. There have been a lot of cases and less number of judges. Not even 50% of the vacancies for the positions of judges and magistrates is filled in the nation. The reason behind less number judges is because they are not given incentives, especially the beginners. The legal profession should be given social security benefits and incentives.
- There is very poor infrastructure, especially in the lower and subordinate courts in the nation. These hamper the functioning of the judges and the courts, as there is proper libraries, inadequate staff, poor security systems to the judges and so on. Infrastructure plays an important role, if it is good, there will be speedy disposal of cases in the lower courts, which will reduce the burden on the higher courts. The bar council shall look into the matter, and give them necessary financial aid so that there can be proper functioning of courts,
- Incompetence of staff in the courts, nowadays the trend of corruption has been taking place everywhere. The staff are delaying the process of doing simple actions, as they are demanding money for every small thing. They are not fulfilling their duties and obligations in a loyal way. Bribing has become a fashion, especially in public institutions, strict action shall be taken in this matter.
- Delay is caused by all the investing authorities, especially the police officers. They take so long to file the evidence. Sometimes this is the reason where the government takes the decision to release the accused due to lack of evidence. The slow investigation process is also one of the major reasons to the delay of justice, especially in highly planned crimes where there very minimal evidence. Not only that but the investigation authorities do not consist of skilled and professional personnel. Evidence is best served in a case when its new and fresh, but if the cases are pending for a long time, the value and applicability of the evidence may fad away. Especially when the evidence is in the from of an eye witness, if they cases go on for years there is a slight chance that the person might forget the crime scene.
The above are the reasons for the delay in the justice, due to which indirectly justice is denied. Now lets look at some suggestions where this delay can be prevented. They will be discussed as follows:
- Appointing more judges, and to make sure that they are qualified and skilled. Justice is best served when the judiciary is filled with highly intellectual and loyal judges and staff.
- We need to establish tribunals and courts in areas where there are many cases. Special courts only to delta special matters, like property, company disputes, etc.
- Improve the physical and technological infrastructure in the courts.
- A time limit which has to be set, so that the cases can be solved within the specified time limit. This ensures that the cases are disposed in a timely, effective and efficient way. In the same manner unnecessary appeals and cases have to be restricted and limited. Not every case can be appealed, sometimes the case should bes solved in the lower courts, especially when they are simple cases and problems.
- Alternate Dispute Resolution also known as the ADR should be promoted. This type of mechanism involves various ways like mediation, negotiation, arbitration, etc. this are different other ways apart form the existing system of judiciary, where the problems and disputed can be solved. ADR reduces the burden on the courts of law.
- Establishment of independent investigation agencies, solely for the purpose of criminal investigation, so that the delay in the investigation process can be avoided. These investigation agencies shall not only be independent , but they must also have qualified personnel with high intellectual and problem solving skills.
The above are some suggestions where the delay in the judiciary can be avoided, leeding to speedy and fair justice to all. One has to remember that even if justice is received after a long time, it means it has already been denied in the past, it makes no difference. This article gives information on all the causes, and possible suggestions which can be implemented by the government, hence bringing a change in the present system. The judiciary shall overcome all its difficulties, nad one day in the future we might see where very cases is disposed on time, with no more pending in the cases. The measures are already being taken, and in spite of all the challenges and difficulties, the judiciary will always remain in the most respectable and supreme position in the nation. Justice delayed always means Justice denied.
Bad or Not: Cristiano Ronaldo’s Decision is still a Question for All
Just after the 2018 FIFA World Cup came to an end, the big news came from Turin, Italy that Cristiano Ronaldo has signed for the Italian giants Juventus, leaving Real Madrid after an illustrious career with the Spanish giants. The news came as a surprise for many of his fans and everybody thought that he was now on another brilliant journey with Juventus. Before joining Juventus, Juventus had already won the domestic Seriea title 7 times in a row. So, the main motive of Juventus was to win the Champions League, that’s what the fans expected when Cristiano Ronaldo arrived to Juventus. But the journey hasn’t been that pleasing for Cristiano Ronaldo so far it seems.
Yes, Juventus have won 9 titles in a row now, but they are too overly dependent on Ronaldo, and that dependence doesn’t always help win a tournament as big and massive as Champions League rather than Seriea. The 2018/19 Champions league saw Juventus being knocked out by a young Ajax team. The reason wasn’t Ronaldo, but the form of other players. Ronaldo was the one who made Juventus reach the Quarter Finals with his amazing 1 man show against Atletico Madrid but how long can a 1 man show win matches regularly. What the fans believe is that Ronaldo has made a big mistake going from Real Madrid to Juventus, basically wasting his talent. The form he has been, particularly at this stage of his career, where other players at this usually go to small leagues around the world and then retire, he has gone to one of the best teams to perform his level best their and bring the Champions League back to Italy. But for it to happen, the whole team needs to perform with a great enthusiasm which is shown by Cristiano Ronaldo himself. If at this age, he can perform like a beast, why can’t the other players of Juventus. If the Italian giants want to win the Champions League this season, they need to support Cristiano Ronaldo equally and then work as a team and win the Champions League.
The problem with Juventus is the fact that the players don’t really show the intent of scoring goals, rather they keep on defending and defending, and with their some what weak defence they concede and put even more pressure on Ronaldo to score. If it wasn’t for Ronaldo’s 30+ goals this season, Juventus might have lost the domestic title also, the way they have been playing. The mid field just doesn’t look that dominating and with the likes of Ronaldo and Dybala at the top for Juventus, the mid field needs to be more competent to make sure that they supply the right ball to the forwards, creating more chances. The form of Juventus after lockdown hasn’t been that great at all. Not for Ronaldo, it would’ve been a last day battle for the Seriea title also. Now, with the Champions league Round of 16 match with Lyon coming after just a week, the team needs to make sure that they put this all behind and start rejuvenated, so more enthusiastic so that they can atleast fight for a place in the Quarter Finals of the Champions League. With Juventus trailing Lyon 1-0 in the 1st leg, the 2nd leg will be a very crucial match for the Juventus team in general.
In the end, I want to say that the decision taken by Cristiano seems not very good, but we shouldn’t under estimate the Juventus team and players at all, because this team is counted as one of the best in business in European football. So, lets see how it goes on when the Champions League starts in just 1 weeks time.
We always claim our fundamental rights but we often tend to forget our fundamental duties. This article will give a brief explanation on our fundamental duties and help us in understanding what they say and who should follow them.
The fundamental duties are written In the part 4A of the constitution.
These are the duties of every person residing in the territory of India.
They are written in the Art. 51A which was Inserted as the 42nd amendment in the year 1976 of the constitution of India. The Article states the following:-
“51A. Fundamental duties It shall be the duty of every citizen of India
- to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;
- to cherish and follow the noble ideals which inspired our national struggle for freedom;
- to uphold and protect the sovereignty, unity and integrity of India;
- to defend the country and render national service when called upon to do so;
- to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
- to value and preserve the rich heritage of our composite culture;
- to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
- to develop the scientific temper, humanism and the spirit of inquiry and reform;
- to safeguard public property and to abjure violence;
- to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement PART V THE UNION CHAPTER I THE EXECUTIVE the President and Vice President.”
The first fundamental duty of every citizen of India is to respect the national flag, national anthem and all the institutions of national significance and follow the constitution of India.
The second fundamental right is to follow the ideals and revolutionaries and ideas which inspired our national struggle for freedom.
The third fundamental duty is to uphold the principles that include sovereignty, unity and integrity of India.
The fourth fundamental duty is to defend the nation and render national service when required.
The fifth fundamental duty is to promote harmony and brotherhood of India transcending religious and sectional diversity.
The sixth fundamental duty to value and preserve the rich culture and heritage.
The seventh fundamental duty to value and protect environment and wild life and to have compassion for living creatures.
The eighth fundamental duty is to develop the scientific temper, humanism and the spirit of inquiry and reform of the nation.
The ninth fundamental right is to safeguard public property.
The tenth fundamental right is to strive towards excellence in all spheres of individual to achieve that helps in the constant rise of the nation.
We don’t have to be nationalists to follow out duties we just have to have the correct mindset and responsibility towards our fellow beings. So it is important for every citizen to know and follow these duties.
OUR FUNDAMENTAL RIGHTS
It is very important for us to understand our rights. the Fundamental rights are a part of the Part III of the Constitution of India. It is one of the most important parts of the constitution. The Art.12 of the constitution defines state as the only element that can violates the fundamental rights of an individual. Therefore, if one has to file a case foe violation of fundamental rights, the respondent will be state. the Art.13 of the constitution talks about those laws that are inconsistent with the fundamental rights. the clause 1 of the article talks about the laws that were in existence before the constitution came into force. It says that those laws in contradictory with the fundamental rights will be declared void. The second clause of the article says that the state or the parliament will not make any laws that are inconsistent with or are going against the fundamental rights and any law made so will be considered void. The clause 1 of the article talks about the pre- constitutional laws and the clause 2 of the article talks about the post constitutional laws. The clause 3 of this article attempts to define laws. Those laws under Art.13(3) are considered under Art.13(1) and Art.13(2). The fourth clause of this article states that the provisions of this article do not apply to those constitutional amendments made under Art.368 of the constitution. This part of the constitution covers Art. 12- Art.35 of the constitution. There are mainly 6 fundamental rights and they are: –
- Right to equality (art.14- art. Art.18)
the Art.14 of the constitution states” 14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.” This article talks about 2 main elements that is equality before law equal protection of laws.
Art.15 of the Constitution talks about prohibition of discrimination on the grounds of religion, sex, place of birth, rase or place of birth.
Art.16 of the constitution talks about equality of opportunity in in matter of public employment. This article talks about reservation of appointments of backward classes.
Art. 17 of the constitution talks about abolition of untouchability shall be an offence.
Art.18 of the constitution talks about abolition of titles which includes titles like sir and does not include educational titles like Dr.
- Right to freedom (Art. 19- Art. 22)
Art.19 of the is a part of the golden triangle. It talks about freedom of speech.
Art. 20 talks about protection in respect of conviction for offences.
Art.21 in also part of the golden triangle. It talks about protection of life and personal liberty.
Art.21A talks about right to equality. The Art.22 of the constitution talks about protection against arrest and detention.
- Right against exploitation (Art. 23- Art.24)
Art.23 talks about human trafficking and forced labour of people.
Art. 24 of the constitution talks about prohibition of child labour.
- Right to freedom of religion (Art. 25- Art. 28)
Art.25 of the constitution talks about freedom of profession, practice and propagation of religion.
Art.26 talks about freedom to manage religious affairs.
Art. 27 talks about freedom as to payment of taxes foe religious affairs.
At.28 says that everyone has the right to religious worship and it cannot be forced upon anyone in any educational institutions.
- Cultural and educational rights (Art. 29- Art. 30)
The Art.29 protects the interests of minorities and art. 30 gives the right to minorities to establish and administer educational institutions.
- Right to constitutional remedies (Art. 32- Art. 35)
Art. 32 is called the heart and soul of Indian Constitution because it gives the remedies foe enforcement of rights conferred by the part 3 of the Constitution.
Art. 33 gives the parliament the power to modify the provisions of this part.
Art.34 talks about the restriction of fundamental rights when martial law is in force.
Art. 35 talks about legislation to give effect to the provisions of this part.
We’ve all heard about racism, it is not something unheard of, but let’s put racism as ‘ Discriminating a person or group of people on the grounds of skin colour, ethnicity or even culture. ‘ Personal racism is the same, but the people to do so, are your own friends and family. Haven’t you seen people making fun of a person from the eastern side of India by calling them a ‘ Chinese’ or ‘Nepalese’ ? , Instead of correcting them, a lot of us have laughed it off. Let’s take another example, Indian parents often tell their own children, to use different facial creams or products for skin lightening. Why?, Because they feel that being dark is something to be ashamed of.
Let me tell you my story, of the racism I faced , based on my skin tone. Growing up as a child with a darker skin tone, a lot of my relatives would ask my mother to change the skin product she usually gives me or change my diet. This utterly broke me down, I grew up with no self esteem and confidence. I would feel ashamed walking through the school gate or any public places. I would hide behind my mother and not let go of her. I was good at dancing during my school days, but no one even cared to take me in or even if they did, I would be placed behind someone in the last. There was no end to my silent wails because I did not want to constantly trouble anyone with my problems. One fine day I got selected for a dance and was even given a good position, on the day of the program I reached the school super excited, the teacher did all of our make-up and that’s when I realised they used the lighter make-up products for everyone and I looked like a disaster, I started tearing up when all of a sudden a teacher told me ” Why don’t you use some fairness cream ? You’ll start looking pretty just like the others”, do you know how much it broke my heart? I was just 10. I can say to you all that I have never faced racism outside, but I have faced it within my peers and family.
Today I’m in college, but personal racism never left me. I’ve been mocked and made fun of my colour and when I get offended, it’s so easy for everyone to say that, I need to calm down as it was just a joke. But no, it’s not a joke for a person who’s broken by racism, who was not given equal opportunities as the others, because of racism. It can be fun to you, but not for the person who’s facing it. So let’s all be nice to each other and not mock someone for something they don’t deserve to be made fun of. It’s not an imperfection, as they say, beauty is in the eyes of the beholder. Tomorrow when you see your friends mocking your other friends or a stranger about their skin tone, don’t laugh it off, stand up and tell them they’re wrong and tell them why they shouldn’t bring a person’s self esteem down. You never know what you will face tomorrow, so let’s all help each other live a better life.
Loving is a human right
We live in a world filled with diverse culture, people and values. What you might find attractive is not attractive to another person. If you look into the history of every country, you will find that every person on this planet had a battle of their own, be it fight for equality or humanity. Indians fought for freedom and against oppression of the downtrodden, Americans fought for the oppression of the coloured people. But during these times there were people who chose love over power or love over anything else. We should not forget a lot of whites supported the coloured people, a lot of Britishers helped Indians. They chose to love when they were given a chance to rule. There are certain things that can never be taught, it has to be experienced. People fought for respect, respect for their religion, sexuality or culture. Even till today, a lot of Muslims are looked upon as terrorists, Christians are looked like they do every good deed, for the sake of conversion and Hindus are laughed at, their culture. Why do we choose to hate people from another religion, when your own religion and your scriptures keep teaching you to love. Aren’t you just negating your own beliefs? The next time a religious person spreads hate, you tell them on their face, that they don’t belong to any religion. Religion teaches love not hatred. Atheists are no exceptions, just because they don’t believe in God, that does not give them a right to hate.
Let’s talk about sexual orientation. People have the right to live the way they want, if you being a girl choose to love a boy is right, so does a boy who falls in love with another boy. Ultimately all we do is love. You can never restrict love. You cannot choose to love a person it chooses for itself. Let’s consider an example, how many of you know what’s k-pop? If you don’t, then stop, and then go check k-pop out. Boys’ in a k-pop boy band are usually referred to as ‘gays’, they mean it in a very disrespectful way. The term ‘gay’ or ‘lesbian’ or ‘transgender’ is used as a derogatory term. I don’t understand how, people can hate when we don’t have enough time to love. Our life is too short to hate and bully people, we need to spread love. Animals have the right to be loved, animals of every kind, even a snake or a lizard, they deserve love and we can give it to them. As human beings, we don’t understand the privilege we have to walk, talk, think, act and love the way we can. I bet animals would have done a better job in loving and making this place a better one to live , if they get to replace us. Let no one stop you and limit your love, love anything and everything you want. You just have one life to love and time’s running, so chase happiness and not success. Don’t forget , there are so many of them out there, craving for some love, and you have it, so just give it to them. Love is the only thing in this universe, which starts increasing, as you start giving it out.
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