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.

FACTS-

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.

ISSUES- 

  • 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.

JUDGEMENT-

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.

ANALYSIS-

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[1] 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.[2] 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.[3] ,  Indira Sawhney & Ors v. Union of India[4], 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. 


[1] Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225: AIR 1973 SC 1461.

[2]  Minerva Mills Ltd. v Union of India (1980) 3 SCC 625.

[3]  Waman Rao And Ors vs Union Of India (Uoi) And Ors.(1981) 2 SCC 362, 1981 2 SCR 1

[4]  Indira Sawhney & Ors v. Union of India AIR 1993 SC 477, 1992 

FRAUD

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: – 

  1. It should be done by one party of the contract
  2. There must be a representation
  3. The representation must be false
  4. The fraud must be committed before completion of the contract
  5. The misrepresentation should be made by the will of the party
  6. There should be an intention to deceive the other party
  7. The other party must actually be deceived
  8. 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[1] 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 [2], 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 : –

  1. When the party who consent was caused by silence amount to fraud and be has the means of discovering the truth with ordinary diligence.
  2. When a party gives the consent by ignoring the fraud.
  3. When the party takes a benefit after getting the knowledge about the fraud.
  4. When the parties cannot be restored to their initial position.
  5. When the interest of a third party is intervened before the contract is avoided.

[1] House of lords in Derry v. Peek (1889) LR 14 AC 337 (HL)

[2] Haji Ahmad Yarkhan v. Abdul Gani Khan AIR 1937 Nag 270.

Workforce Diversity

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.

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.

actor-on-stage

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 :

  1.  It is a self-cleansing art.
  2. It helps us to forget ourselves, our worries, or goals, our life pressure, etc for the same time.
  3. It helps us to “be present”. Through acting, we enjoy “the moment”. We are at “the moment”.
  4. It helps us to understand the small little worlds as well as the big worlds of various people around us.
  5. Every act gives us a different perception that adds to build our character.

Methods of acting

  1. 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.
  2. 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.

Voice Acting

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.

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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.

The Management

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.

 The Creativity

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.

The Necessity

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.

Extra-Curricular Activities

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.

The Popularity

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!!

Conclusion

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.

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.

FREEDOM FIGHTERS

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.

Advantages:

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.

Disadvantages

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.

Maladaptive Daydreaming

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:-

  1. 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.
  2. 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.
  3. 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 CHOLAS

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 PANDYAS

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 CHERAS

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 LITERATURE

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.

SANGAM POLITY

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).

SOCIAL LIFE

The Sangam society was based on binary fission, i.e.

  1. Vyarntoc (high born people),
  2. Ilipirappalar (low born people)

However, Tholkappiyan mentions, about four categories of castes–

  1. Andanar (Brahmanas)
  2. Arasar (kings)
  3. Vaisiyar (Traders)
  4. 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.

ECONOMY

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.

Agency

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.

Emergency provisions

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

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

(b)

(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.

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.  

Our Duties

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: –

  1. 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. 

  1. 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.

  1. 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.

  1. 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.


Personal Racism

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.

The NRC

The National Register of Citizens is an official record of those who are legal Indian citizens. It includes demographic information about all those individuals who qualify as citizens of India as per the Citizenship Act,1955. It was first started in Assam where citizens were asked to submit the proof of citizenship themselves to NRC seva kendras and it was mandated through a special exception for the state in the Citizenship Act,2003

  The Assam Accord was a Memorandum of Settlement (MoS) signed between representatives of the Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985. A Six-year agitation demanding identification and deportation of illegal immigrants was launched by the All Assam Students’ Union (AASU) in 1979 concluded the signing of the Assam Accord.

Under Sec.5 of The Citizenship Act,1955

Citizenship by registration. —1

(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:—

(a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;

(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;

(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

(d) minor children of persons who are citizens of India;

(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;

(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;

(g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for 2[one year] before making an application for registration. 3[one year] before making an application for registration.”

Intention is to safeguard the art and culture

Article 29 of the Constitution states

29. . Protection of interests of minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them

Art 142[1] of the COI states that enforcement of decrees and orders of Supreme Court and unless as to discovery, etc 

( 1 ) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself


[1] Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225: AIR1973 SC 1461

CAA is constitutionally valid.

The CAA, 2019 was enacted by parliament and came into force. The CAA, 2019 was enacted by the parliament under the power given to the parliament to regulate the right of citizenship by law under Art. 11 of the COI.

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.

The sec. 2, sub section (1), clause (b) of the citizenship act 1955 was amended to state the definition of an illegal immigrant.

“Provided that any person belonging to Hindus, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this Act;”.

The above amendment shows that the persons belonging to 6 religions(Hindus, Sikh, Buddhist, Jain, Parsi or Christian) and from 3 countries (Afghanistan, Bangladesh or Pakistan) and entered India before a stipulated time (31st day of December, 2014) will not be considered as illegal migrants which means they will be given the citizenship of India.

 1 Whether CAA violates the Art. 14 of the COI?

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.

The Art. 14 of the Indian COI talks about equal protection of laws and it says that all the equals are treated equally. The same principle is used while drafting The CAA, 2019. The act treats equal equally.

The CAA decides the citizenship of any person who was an illegal migrant according to the results of NRC (august 2019) on the following 3 grounds: –

  1. Religious basis

The act declares to give citizenship to give citizenship to illegal migrants (as per definition of citizenship act,1955) belonging to 6 religious groups namely Hindus, Sikh, Buddhist, Jain, Parsi or Christian and it does not include Muslims because people of these 6 religions are religiously persecuted minorities in the neighboring countries of India and Hindus are the majority religion in these countries and therefore they would not face religious prosecution and thus they are exempted from getting the citizenship of India.

  • On the basis of the country of origin

The CAA includes migrants from only 3 neighboring countries (Pakistan, Afghanistan and Bangladesh) and does not include the migrants from the other neighboring countries.

  • On the basis time

The CAA only includes the people, who have migrated on or before the 31st day of December, 2014 and the act does not include any person who has migrated after 31st of December 2014.

The Art. 14 of the Indian constitution says that the law only treats equals equally and not everyone equally.

2 The test for applicability of Art.14

 It is important for the government to classify the people into different categories for the public welfare. 

The 2 conditions of the test[1]are as follows

  1. intelligible differentia

This condition says that if any provision of any law is differentiating between people, then there should be a valid reason for the differentiation.  In this case the illegal migrants are differentiated on the basis of religion and there is a valid reason for this depreciation as it is explained below.

  • Rational nexus

This condition says that a provision of law should have a reasonable objective. In this case the objective of CAA is to give an identity to those who don’t have it and give the religiously persecuted minorities of the neighboring countries of India a home.

it is understood that CAA is not arbitrary and it ensures fairness and equality.


[1] 1 The State of Bombay Ors.. v. F.N. Balsara [Supreme Court of India] 25 May, 1951 AIR 318 1951 SCR 682

CAA is unconsitutional.

The CAA,2019 was enacted by parliament and came into force. The CAA,2019 was enacted by the parliament under the power given to the parliament to regulate the right of citizenship by law under article 11 of the COI.

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.

The sec. 2, sub section (1), clause (b) of the citizenship act 1955 was amended to state the definition of an illegal immigrant[1].

“Provided that any person belonging to Hindus,Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;”.

1 violation of article 14 of the constitution of India

The article 14 of the COI 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.

It is understood that art. 14 is applicable to all the persons in India and not only the citizens of India but all the people residing in India have the access to right to equality under the constitution. Since right to equality under article 14 in a fundamental right, it is a part of the basic structure of the COI and therefore no law can be framed in the violation of art. 14.

The CAA violates the right to equality of any person in India on the following 3 grounds: –

  1. Religious basis

The act does not include people of all the religions and therefore this is the violation of right to equality under article 14 which is a fundamental right given to all the people within the territory of India.

  • On the basis of the country of origin

The CAA includes migrants from only 3 neighboring countries (Pakistan, Afghanistan and Bangladesh (Pedra)) and does not include the migrants from the other neighboring countries. This is a violation of article 14 because it does not treat all the migrants in India equally.

  • On the basis time

The CAA only includes the people who have migrated on or before the 31st day of December, 2014 and the act does not include any person who has migrated after 31st of December 2014 and this is also a violation to the concept of equality before law under article 14 of the Indian constitution.

Therefore, CAA is less inclusive in nature.

The article 14 talks about 2 main aspects namely equality before the law and equal protection before the laws. When these aspects are applied to the CAA, we understand that the act does not treat Balkis (majority religion of ) and Shirazis (minority religion of ) equally because the act does not consider Balkis who entered the territory of  before 31st day of December, 2014 as illegal migrants.

  • violation of the basic structure doctrine of the COI
  • The idea of secularism which means that the people of all the religions are treated equally by the law.
  •  The principle of equality and quintessence of equal justice is a part of the basic structure of the constitution.

Both these principles of the basic structure doctrine of the COI are violated in by the CAA. The CAA is against the idea of secularism because it does not provide equal rights to the people of all religions. The does not treat people of all the religions equally and it differentiates migrants on the basis of religion and creates religion as a ground for citizenship. This clearly violates the concept of secularity under the basic structure doctrine of the COI.

The principle of equality is also clearly violated by the act as explained under contention 2.1.

  • violation of article 29 of the COI in the state of Assam

The Art. 29 of the COI says the following

29. Protection of interests of minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Art. 29(1) of the COI gives the rights to the citizens residing in the territory of India to protect the language, script or culture of its own and they have the right to conserve the same. This is a fundamental right under part 3 of the COI.

Assam is a state that had illegal migrants for 7 decades and the people of Assam have always opposed this illegal migration. This led to the gradual depletion of the art and culture in Assam. This was a matter of serious concern to the people of Assam and it was important for them to protect their culture and arts. The CAA allows a part of these illegal migrants to be considered as the citizens of  and this would result in depletion of the art and culture of Assam and therefore indigenous Assam (a youth organization) can claim for the fundamental rights under Art. 29(1) of the COI.

13. Laws inconsistent with or in derogation of the fundamental rights

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

 Art. 13(2) of the COI says that laws that violate the fundamental rights of the COI are held void. The concept of doctrine of eclipse can be applied to the CAA,2019 since it is violating the fundamental rights.

However, there are counter arguments regarding the same. That is explained in another article.


The Importance of Solitude

Human beings are social creatures who seek to be in community. Relationality is an important aspect of our selves as we tend to develop our perceptions of ourselves through others. However, that is not the only thing necessary for us to have a healthy conception of who we are and what matters to us. We currently live in a world where constant interaction is privileged over taking time alone. We are always called to act, to do things quickly, to be efficient, and to be productive. Add to this equation the phenomenon of social media where we are continuously being exposed to the lifestyles and opinions of others, it is certain that we are more socially connected than ever. Yet, we find that all this boom in productivity and immersion in socializing has not really helped us better our relationship and communication skills. Rather, it seems to have done the opposite with more people finding it more difficult to maintain any relationship and social media considered one of the loneliest spaces to be in. It is in this context that we have to regain the concept of solitude, of healthy retirement from constant socializing, and of learning to understand oneself.

cheerful young woman with red leaf enjoying life and weather while reading book in autumn park
Photo by Andrea Piacquadio on Pexels.com

People often tend to confuse solitude and loneliness, and that is a mistake we should not make. To put it simply, we can say that loneliness has a negative connotation and is to indicate a situation where one longs for company but is unable to find it. Solitude, on the other hand, is contentment in a state of being alone where one is not seeking for the presence of another but the presence of oneself. Taking time for oneself comes easily for some, particularly for character types like introverts who thrive in their own spaces and are able to channel their energies well without external interventions. It might be harder for others who are social butterflies and they might not even consider it necessary. However, it is important to realize that solitude is more of a discipline that has to be developed rather than an inclination, because it does have tangible effects. It is more than just liking to be alone which would differ from one person to the other, but the requirement of time and space for quietness and rest.

Solitude is necessary for us to confront and process our own emotions as well as opinions and prejudices. It is easy for us to constantly move from one topic to another superficially, and thus be unaware of what we ourselves might be unconsciously endorsing or defending. It also limits us from completely placing our worth on something as fickle as the opinion of others or their treatment of us. It is vital that we spend time effectively switched off from the rest of the world so that we can choose how to spend our energies as well. Otherwise, we will burn out and be unable to contribute well to those around or be a good friend to someone who needs us. Solitude, since it allows us to acquaint with our own selves better, helps us in the way we are able to relate to others. Unless we know ourselves alone and who find ourselves to be, we will be less capable of meaningfully bonding with another. Thus, solitude has a dialectical relationship with community. It allows for introspection and thereby, better engagement with those around us, letting us see them in newer and deeper ways.

In a world where we are constantly bombarded by voices telling us to do and to be a million different things, the practice of embracing solitude is essential now more than ever. We have to find time to log off, to read, to sit in quietness, to think, or just be. This is an effective measure against being pressured into being what everyone else would want us to be and to realize who we are, where our interests lie, and what we care about, so that we can be more intentional and empathetic in our approach towards society and individuals.

Did you think after you?

did you ever think what of you after you? I think it is really important for every one to think of what would happen not only to their money but also to their knowledge skill and body after they pass away. I always think of this story that was written by my teacher and this is how it goes,

Venkatapuram is a village having the temple of Lord Venkateswara. People who Could not go to Tirupati, would go to that temple give their offerings. There was a big oak tree under the shade of it, a very old woman beggar manned Anandamma. Devotees visiting the temple

used to give her some as money, food etc., after seeing her position. The beggar woman every day early in the morning finished her bath at a well nearby, plucked some flowers in the garden and offered them to Gods photo there and sat at the foot of the tree. She used to wear the old Sarees given to her and prepared a soft bed with them and spend life by eating whatever others given and never stretched her hand to anyone. Always she spent her time by chanting the name of God and by wearing Vibhuthi on her forehead. She used to keep all the old sarees given to her in a small bag and used it as a pillow. She uses to through a smile when others advised her to sleep on a platform inside the temple instead of in the open-air suffering chill.

As days passed by the management of the temple wanted the Construct a choultry for the benefit of pilgrims and the works started slowly due to paucity of funds. They wanted to complete the work as early as possible, as they decided to celebrate functions as was done in Tirupati. Devotees started giving funds according to their might. No one left the place without giving anything to that old woman. The construction work picked up speed and some rooms were completed. One of the woman there asked that old woman to go and sleep in one of the completed rooms for some time instead of spending in the open air. The old woman replied that it would be a sin for her to stay inside the rooms constructed for the benefit of pilgrims in the evenings of her life, and did not want to make the temple unholy by her death inside. She already spent most of her life under the shade of that holy tree and requested the woman to do some work for her as a token of her goodness. She said that she stored some money inside the soft bed she made and requested that woman to bury her body under that tree keeping her head towards God as it was a little away from the temple premises and also do some poor feeding with money she saved. The woman accordingly promised the old woman for the job.

To every one’s surprise, the beggar woman died that holy night of Ekadashi. Next day morning the temple priest who came early noticed the old woman’s lying dead under the tree and at once sent a message to all the Committee members of the temple. They assembled there and the lady to whom the old woman entrusted the work also joined the. Asper the be wish of the old woman, the lady requested the committee members to bury the dead body under the same tree. She took the soft bed and bag of the old woman and turned upside down. To their surprise a lot of rupee coins slipped down and piled up as a heap.  All of them were surprised at that. The Priest said that he that the reason for her not accepting the suggestion for sleeping inside the room perhaps might be the same one not leaving her old soft bed and bag containing money. The Sarpanch of the village suggested to complete the work of funeral first clean the temple before opening the doors and then only count the money piled up there and do the work as requested by the dead woman. Accordingly while they were digging the grave they heard a big sound and to their surprise they found a very big old and rusted iron box with a lock. As the lock was rusty, it was broke open in front of the Sarpanch and all other members and found old gold coins full of box. All of them

decided to use those coins joyfully for the construction of the choultry and name it with the name of the dead woman as Ananda Bhavan. They also built a Samadhi on her name. This is the result of the act of previous birth in which she did not do any charitable work or use it for herself, but stored it as a treasure. That is why elders always say to use some of our earnings in charitable works.

the old women who was not educated had a noble thought and she could think of others not only when she was alive but also when she was no more. organ donation is one such aspect that we should think of. this will give a new life to people even after our death.

smartness lies within

To explain what I mean by smartness lies within and it is up to us to find out, I would like to quote a story that my teacher told me. here is how it goes,

Kaveri is a 8th Class girl student recently joined in kamalapur high school. Her father is a government employee transferred to that place as per governement orders and policy. He always prefers governement schools for his children. Kaveri is a very sharp girl, grasps things instantly. In the very first week of her joining she observed a very Strange thing in the school.

All the children used to gout for a shot break every day and after their return to class they found that one of their lunch boxes and water bottles got emptied. As a result, that student would be without lunch. To avoid this, other students would help him sharing from their lunch boxes. The students were in a confusion to know the secret behind this and & started fearing of a ghost’s act. This fear of students prompted Kaveri to unearth the secret and started bringing an extra lunch box and water bottle separately in a bag daily and take it with her when she goes out,

Kaveri understood from the conversation of students that they were fearing of a ghost’s act and noticed that some children even getting fever. She also noticed that even teachers were also started fearing of the ghost’s entry into the classroom and as a result teaching and learning became dull. Kaveri decided to put an end to this at any cost.

One day Kaveri came to school half an hour early. While talking to the servant maid she noticed a lot of dust covering the window and understood the problem there. The next morning, she along with other children went out of the classroom during the short break and walked towards her class window from behind the school building and started looking inside her class room hiding from behind a tree. To her surprise she saw the real ghost emptying the lunch box in a hurry and at once decided to catch the ghost redhandedly to show the teachers as proof. That day evening, she had a secret talk with the headmaster and he immediately agreed to whatever Kaveri said since he observed her smartness from the day of her joining. The next morning all the children kept their lunch boxes in the Headmasters’ room as advised by Kaveri and went out for the short break as usual. Kaveri also went out along with them and after some time she came to her class window from behind and hid behind a tree bush. The headmaster also stood a little away from the window and both of them kept watching. As usual the same ghost entered the room and started searching every bag for lunch box, but could not find any lunch box. Finally the ghost opened Pramila’s box and started eating the lemon rice hurriedly. After Eating five spoons, the ghost started feeling very spicy with the sixth spoon and shouted spicy, spicy. With an indication from Kaveri the headmaster came near the window and saw what was happening in the room. Both of them came inside the room and saw the ghost searching the bags for the water and lunch boxes.

The Headmaster then identified of the ghost boy as Praveen, one of the students of the same class and shouted out to the other children that Praveen from their class was the same ghost whom they were fearing off and who was emptying the boxes daily. On instructions from the Headmaster, Pramila went and brought a bottle of water for Praveen who drank it later.

The Headmaster then told Praveen how generous was Kaveri in saving him by giving drinking water in times of need Ignoring all his unwanted acts. He also told that It was a great shame for him to spoil all the books and other material of the students all these days and the present act of the lunch box episode. He also warned that children would look him down if he continued the same to further. He also warned that he would call his parents and give them his TC and send him away from the school.

Kaveri requested the Headmaster to forgive Praveen and told him that he would prove himself a Good boy thereafter. Then Praveen told her that the main reason for doing becoming like that was that the main reason for becoming like that was other classmates daily insulted him and heckled at him as a timid boy. Kaveri offered him help in understanding subjects and in doing homework as and when he required and Praveen promised her that he would consult her frequently, and become a good boy. He also said that all he did till now was only to teach other students a lesson and not with any mollified intention. The Headmaster praised Kaveri and said that the name Kaveri was very apt for her as her actions which would encourage friendship.

from this story we can understand that everything including smartness is within us and it is important for us to realize and recognize the same and implement it in our lives to solve the problems that we come across and make our lives more satisfactory and happy.

Introduction to the contract law

A contract is any agreement between two or more parties that is enforceable by law. Knowingly or unknowingly, we get into a lot of contracts in our day to day activities, for example, we get into a contract with the restaurant when we go to the restaurant and order food. We are obligated to pay the restaurant bill. similarly, we are getting into a contract with the shopkeeper when we go to the shop to buy some goods, we are obligated to pay for the foods purchased. The law that governs all such contracts is called contract law. Contracts are an inherent part of our life. The contract law was officially enacted through the Indian Contracts Act,1872 in India. It came into force on the first day of September 1872. The Indian contracts act earlier contained the partnership act and sale of goods act within itself.  Contract was defined by Salmond as an agreement creating and defining obligation between the parties. Halsbury defined contract as an agreement between two or more persons which is intended to be enforceable at law and is contracted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act. The major intention behind entering into a contract is to gain some sort of benefit. If there was no benefit then why would any one what to get into a contract. It is also understood that all the parties are gaining some kind of benefit from the contract. One can wonder that contracts are for the benefit of two or more parties and what does law have to do with it? It is important to know that all agreements do not become contracts. This means that only those agreements that are legally valid are considered to be contracts. For example, if A enters into an agreement with B to sell Drugs (in a country where drugs are considered illegal), then this agreement will be considered illegal and will not be considered as a contract because it is not enforceable by the law of the land. The first provisions of The Indian Contracts Act,1872 says that it is applicable to the whole of India. The Indian contracts act gives various steps to explain the process of entering into a contract. The second section of the Indian Contracts act says that one person makes an offer by conveying his/her willingness to do or abstain from doing anything, to obtain the assent of the other party/partiers (section 2(a)). Then the person to whom the assent is made, responds to the offer made by the offeror by accepting the offer (section 2(b)). After accepting the offer, the parson who makes the proposal or offer is called the promisor and the person Accepting it is called promisee (section 2(c)). As explained earlier both the parties enter into a contract to gain some benefit from the contract and this is called quid pro quo, which means something in return for something. The parties give something or perform an act to receive something in return. This is called as the consideration for the act. It is explained in the section2(d) of the Indian Contracts ac,1872. Consideration is the one of the most important elements of a contract. An agreement is a promise or a set of promises having a consideration for each other (section 2(e)). Section 2(h) of the Indian contracts act,1872 defines a contact as an agreement enforceable by Law. and if the agreement is not enforceable by law, it is considered to be void (section 2(i)). If an agreement in enforceable by law as to one or more parties and not enforceable by law as to the other parties, then it will be considered as a voidable contract (section 2(j)). A contract may initially be valid and may become void.

 An agreement must have some essential elements to make it a valid contract. these elements are written given in the Section 10 of the Indian Contracts Act,1872. There are five elements that are called essential elements of a contract. the first element is consent. It is important for the parties to willingly enter into a contract and not with any external force or pressure or any other reason. The consent of the parties must therefore be freely granted by their will. This also means that both the parties are agreeing to the same aspects of the contract in the same sense. Consent is explained in the section 13 of the act and further elaborated in the section 14, section 15, section 16, section 17, section 18, section 20, section 21 and section 22 of the Indian Contract Act ,1872. The parties must be competent to contract to enter into a valid contract. this means that a minor or a person who is of unsound mind or a person disqualified by the law to contract cannot enter into a contract. this concept is explained in the section 11 and section 12 of the Act. As explained under section2(d) there must exist a valid consideration between the parties. The consideration may not be unlawful of illegal. this is explained under section 24 and section 25 of the act. There must be a lawful object behind the contract and if not, the contract will not be considered void. Another essential element is that the contracts must not be expressly declared to be void by the law. This is explained under section 26, section 27, section 28, section 29, section 30. The chapter 3 of the Indian contracts act,1872 talks about contingent contracts. This includes sections 31 to 36. The chapter 4 of the Indian contracts act,1872 explains the performance of contracts. This includes sections from 37 to 67. The chapter 5 of the Indian contracts act,1872 explains about certain relation that resemble those created by contracts. This includes sections from 68 to 72. The chapter 6 of the Indian contracts act,1872 talks about the consequences of the breach of contracts. This includes sections from 73 to 75. This is the general contracts. Special contracts are contained in Sections 124 to 238 of the Indian Contract Act. The special contracts are guarantee, bailment, pledge etc.. and such contracts may not strictly follow the essentials of contract as according to sec.10 of the Indian Contract Act,1872.

Serum Institute asked to revise protocol for Covid-19 vaccine clinical trial

A  Central Drugs Standard Control Organisation (CDSCO) expert panel has sought clarifications from Serum Institute of India (SII) over its application to the Drugs Controller General of India (DCGI) seeking permission for conducting phase 2 and 3 human clinical trials of the Oxford vaccine candidate for COVID-19, official sources said on Wednesday. The CDSCO has advised the Serum Institute of India (SII) to submit a revised protocol to perform the clinical trials in India for potential Covid-19 vaccine.

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The move comes when the Subject Expert Committee evaluated the submitted protocol by SII. The Subject Expert Committee (SEC) on COVID-19 which held its meeting on Tuesday deliberated on the application by SII and asked the Pune-based firm to revise its protocol for the phase 2 and 3 clinical trials, besides seeking some additional information. On Wednesday evening, SII submitted a revised protocol for conducting the trials to the DCGI. The firm plans to start phase 2 and 3 human trials in India in August. The domestic pharma giant has partnered with AstraZeneca for manufacturing the Oxford vaccine candidate for highly infectious disease Covid-19.

“The company on Tuesday was asked to clearly define phase 2 and phase 3 part of the protocol and resubmit their application for evaluation by the SEC,” an official source said. The panel also recommended that the proposed clinical trial sites be distributed across India, the source said. “They also have not given justification for the proposed enrolment of 1,600 subjects during the trial,” the source added. Additional Director, Government Affairs, SII, Prakash Kumar Singh said, “We have submitted our revised protocol to DCGI office today evening for further action by SEC and DCGI.”

The SII which has partnered with AstraZeneca for manufacturing the Oxford vaccine candidate for COVID-19 had submitted its application to the DCGI on Friday, seeking permission for conducting the phase 2 and 3 trials of the potential vaccine ‘Covidshield’.”According to the application, it would conduct an observer-blind, randomized controlled study to determine the safety and immunogenicity of ‘Covishield’ in healthy Indian adults. The firm said that around 1,600 participants of more than 18 years would be enrolled in the study,” a source had said.  A Lancet medical journal report has stated that a vaccine candidate developed at the University of Oxford has shown encouraging results and it appears to be “safe, well-tolerated, and immunogenic. Initial results of the first two-phase trials of the vaccine conducted in five trial sites in the UK showed it has an acceptable safety profile and homologous boosting increased antibody responses, the source said.

To introduce the vaccine, SII, the world’s largest vaccine maker by the number of doses produced and sold, has signed an agreement to manufacture the potential vaccine developed by the Jenner Institute (Oxford University) in collaboration with British-Swedish pharma company AstraZeneca. On the partnership with AstraZeneca, Serum Institute of India CEO Adar Poonawalla had said, “Serum Institute of India has entered a manufacturing partnership with AstraZeneca to produce and supply 1 billion doses of the COVID-19 vaccine being developed by Oxford University.”

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These vaccines will be for India and middle and low-income countries across the world (GAVI countries), he had said. Last week, Oxford University announced the satisfactory progress with the vaccine, making it one of the leading ones among the dozens of vaccine candidates being developed around the world. The clinical trials of a potential Covid-19 vaccine on humans began in April. There was no immediate response from SII when ANI contacted them to make their version.

Organisational Climate

“Research shows that the climate of an organisation influences an individuals contribution far more than the individual himself.”

W. Edwards Deming

An organisation must have a proper organisational climate to achieve its objectives and goals effectively and efficiently. Organisational Climate is a behavior that organisation encourage and discourage from employees. It is about the perception of the climate and about absolute measures. The concept of organisational climate is not very clear but practically it is related to work performance, job contentment and self-esteem of the employees. Now the organisational climate has become a very useful metaphor for thinking about and describing the social system. Organisational climate is also referred to as the “situational determinants” or “environmental determinants” as it affects the human behaviour. The climate of an organisation is determined by the distinct qualities of an organisation which jointly include its customs, method of action, culture, etc. Generally the organisational climate reflects a person’s perception towards his organisation to which he belongs. It includes a set of unique characteristics and feature which the employees perceive about their organisation which serves as a major force in influencing there behaviour. Organisational Climate may be defined as quality of internal environment which is experienced by its members, employees, influences there behaviour and can be termed as the value of a particular set of characteristics of the organisation. It is normally observed that there may be as many climates as there are people in the organisation. Organisational Climate is a general expression of what the organisation is. It generally conveys the thought, impression or image that people have portraits in their minds regarding organisational internal environment within which they work. Organisational Climate is a qualitative concept. It is very difficult to explain the concept of organisational climate in quantitative terms. Organisational Climate gives a distinct identity to the organisation. It shows that how one organisation is different from the other organisation. Organisational Climate cannot be built suddenly. It can be built up over a period of time. Organisational Climate is a multi-dimensional concept. The various dimensions are authority, individual autonomy, leadership style, communication, etc. Organisational Climate influences the performance of the employees to a great extent because it has a major impact on motivation and job satisfaction of individual employee. It also helps in determining the work environment. As the work environment is the most important thing which encourages and motivates the employees and they feel satisfied or dissatisfied. And the employee who is satisfied with his organisation will really perform effectively and efficiently. Organisational Climate is important due to following reasons:-

  • Improves Employee Performance – Organisational Climate clearly indicates the performance of the employees and the organisation. If the culture of the organisation is good there employees performance will be best.
  • Builds Confidence – In an ideal organisational climate, the employees are very confident and committed. They are ready to show their hard work and commitment through their work to their superiors. They are ready to work according to the expectation of their superiors and the organisation.
  • Strong Relationship – It also helps in building a strong relationship between the management and the employees. If the managers are able to know that what motivates there employees, they will be able to boost their morale easily. Hence, it helps in establishing a strong and positive relationship which ultimately helps in achieving the organisational goals successfully.
  • Indicates Success or Failure – Organisational Climate helps in determining the success or failure of the organisation. As if an organisation has positive climate, healthy work environment the employees will willingly perform their work and are satisfied with the organisation.
  • Work can be Done Easily – An organisation where there is a positive culture, the manager faces lesser challenges in getting task completed by their subordinates. The employee to show their respect to their seniors and are also willing to work.

So, Organisational Climate helps in increasing the production, resource conservation, building healthy organisation and minimising labour turnover.

Chasing The Rainbow: A New Era And A New Fight for India’s LGBTQ Communities

“Openness may not completely disarm prejudice, but it’s a good place to start.”

-Jason Collins

India’s Supreme Court last year struck down Section 377, a colonial-era law that outlawed same-sex relations, sparking hopes of equality for the country’s lesbian, gay, bisexual and transgender population. Hundreds of students with rainbows painted on their faces descended on a New Delhi college on Friday and others held parties in major Indian cities to commemorate the overturning of the ban on gay sex.

However, once all the celebrations and merrymaking faded into the background and harsh reality set in, it became apparent that homosexuality in India wasn’t going to be about unicorns and rainbows anytime soon. Even those beating drums and dancing warned that the fight for equal rights, including same-sex marriage and serving in the military, had not been won.

After all they still cannot marry, they still cannot adopt. They have many, many years before any of this is over. The harsh truth still remains that even though LGBTQ activists are growing in numbers, acceptance is still elusive as they continue struggle against internalized homophobia.

So, “where does this homophobia stem from?” and “how bad can it be?” you may ask.

One of the root causes of homophobia is that we, as a society, are unaware of homosexuality. We live in a time and place where people call each other gay to mock and insult them. A decade ago, gay and eunuch were used interchangeably and people were highly ignorant and intolerant towards homosexuality. My classmates often gossiped about (Bollywood producer and director) Karan Johar and (actor) Shahrukh Khan. It was a subject of ridicule and mockery. The stereotypical portrayal of gay and effeminate men in Johar’s movies was in unfair representation of the queer community. Even the popular sitcom FRIENDS was riddled with casual and sometimes blatant homophobia. “Gay” and “LGBTQ” still conjure images and connotations of loud, cackling men in gaudy drag costumes in India, partly because that is the only representation LGBT people get to have.

There’s also lack of sensitisation about the LGBTQ+ community. If they had a dime for each time someone told them that it’s “just a phase” or “why someone from the same gender, it’s not like you are deprived”, they probably could afford to move to a more accepting country. When I was in school, there was a guy who was often severely bullied by the “masculine” classmates because he was effeminate. Kids who weren’t “manly enough” were often a subject to ridicule and bash. No one stopped that. People thought it was normal and the right thing to do. This isn’t surprising though, given that even now there are people who find hijras scary.

The LGBTQ+ community also suffers from lack of support from their family. As a result, their only options are either getting excommunicated if they come out or remaining closeted which can be extremely draining.

They suffer from religious dogmatism. India is a secular country. Every major religion in India condemns homosexuality. It must no doubt be petrifying to live in a place which has more than 330 million gods and yet you can count on neither one of them for their blessings.

The arduous journey to acceptance becomes even more strenuous when you try discussing and rationalizing homosexuality to those intolerant towards it and reach the realization that the minds of recalcitrant homophobes are incapable of processing things beyond black and white. They need that sharp dichotomy. Without it, they panic. They feel adrift, as if nothing is sacred anymore. Which is, of course, ridiculous. But anyway, that whole thing comes from an “us or them” mentality, in which they’re the righteous and anyone who disagrees with them is clearly a secret homosexual out to convert their children to dance around a fire with Satan.

It appears that we have become obsessed in this toxic society with the labelling of others, especially with an intense and revolting over- interest in the sexuality and gender orientation of others what happened to the idea of loving our neighbours unconditionally and paying more attention to developing our own selves in good ways? After all, to change the world we change ourselves in ways that enable us to love others all the more. So let us drop the facade of “morality”, the wilting fig leaf over such garish homophobia, and have no agenda on the LGBTQ community.

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Diversity is good, and it’s okay to be different from the norm.

 

The Rights of the Disabled

In the plethora of problems, the world and different nations are dealing with, one of the most prominent ones is the rights of disabled people. Ironically its highly unspoken of people today regarding these rights, it may be due to lack of awareness that even though disabled people have special rights they are unaware about it and are exploited out of it. It would be better if we rather call them “specially abled people” than disabled as I feel that in such people there is some other quality given to them which overpowers their disability. They should be treated unequally to that of normal healthy human beings, as there is a saying that equals should be treated equally and unequal should be treated unequally. So, how can one exactly define specially abled people it can be a person who has physical or mental impairments maybe even both and the person isn’t able to carry out day to day functions like a normal person and this affects him on a long term basis, they are said to be called specially abled or disabled people. As I have mentioned earlier that they should be treated unequally it meant that we have to give them rights so that they can be living with dignity like any other person around, and this requires the intervention of law so that these people could live a normal happy life. Persons with difficulty face barriers that restrict them from doing certain things on equal basis that is commonly done by normal people like to be employed, participate in activities, access justice, etc. It is so true that all over the world specially abled people are usually faced with gross human right violation by denying them the rights of equal participation, legal capacity, voting rights and the freedom to live free in the community. In many nations such people are often living in extreme poverty or are in the margins of getting into poverty, this usually happens to a large extent in developing nations, and in some other nations people with disability are deprived of their rights, liberties and they are usually excluded from the society. Hence , regarding the situation above that has been created there was a need for the nations to provide special provisions for the disabled people, but this was usually always initiated firstly at an international basis where there exists some sort documentary which can be a signatory and all the nations that have signed up for it usually start implementing the objectives that has to be achieved which is clearly stated in the document. We will be discussing the rights from an international and national perspective

There have been many supportive conventions and conferences internationally, which generate a link between human rights, and the rights of the disabled, which all have a common aim to make sure every person no matter how and what they are should not be deprived of any basic human rights.  The Universal Declaration of Human Rights (UDHR) which has come into effect in the year 1948 has given 30 human rights which every nation has to follow. UDHR is the basis for all the other treaties, conventions and conferences, they cannot be violative of any right specified in the UDHR. Article 1 of the UDHR states that every human being shall live with dignity and rights. Article 2 mentions that every right mentioned in the UDHR shall be applicable to everyone, without any sort of discrimination. All the other rights in the article support the fact that every human being should be equal everywhere, and indirectly supports that every disabled person is no less than a normal human being, they both shall be tested in the same way. Other international conventions, treaties and conferences like the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)1949, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979, the Convention on the Rights of the Child (CRC) 1989, and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1966. All the conventions have provisions which all support the fact there shall be no discrimination in the way people are treated, especially when it comes to especially abled, one should respect them. The Convention on the Rights of Persons with Disabilities (CRPD) which is an effective measure which was taken by the United Nations Generally Assembly has been adopted in the year 2006.   The CRPD has come into force with the sole purpose to protect the rights of the specially abled people, and it has been fulfilling its purpose over the years in an efficient manner. The World Programme of Action Concerning Disabled Persons, was adopted by the General Assembly in 1982, which is a global strategy that has been initiated to equalise the opportunities of specially abled people, increase their participation towards the development of the nation, and especially to prevent cases od disability with proper health care and safety. There are many other efforts taken to improve the situation of the disable but the above were some of the major ones. 

Now lets look into the provisions for especially abled people in India. This nation has also taken a lot of efforts to improve their position in the society, they will be discussed a follows:

  • Article 14 of the Indian constitution states that every person is equal before the law, article 15 states that doscrmination shall not take place anywhere in the nation, article 17 states that no person can be treated as an untouchable, and article 21 guarantees right to life and personal liberty to all the citizens of the country. In the same manner articles 23, 24, 25, 32 talk about equality and no exploitation. These articles make sure there is no distinction between people. The specially abled people have been given special and separate provisions in family law, health law, education and were given relief in the form of income tax concessions and so on.
  • The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was brought into effect in the year 1996 which aimed at providing equal opportunities to specially abled people. This is a step taken by the government in correspondence to the ratification in the international treaties and conventions.  The Act provides various measures and spects in various field in order to achieve their equality in the society. 
  • Some other important acts where special provisions were provided are the Mental Health Act, 1987 for mentally ill persons, the rehabilitation Council of India Act, 1992, the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities Act, 1999.

The above provisions did bring a change in the way specially abled person was treated, they were given the motivation and were encouraged to come out and portray their self in the society by giving them as many possible opportunities.  In spite of the exiting provisions there have to be more facilities for these people in regards with transportation and they have to have special arrangements made in all the places the are a part of. One main suggestion to the whole world out there is to treat them equally, we should stop thinking about them in a wrong way, as at the end of the day we all are human beings and we should treat our fellow ones with equal respect. We have no idea which lead to their disabilities, they must’ve been struggling a lot with it, if we can’t help them, we should at least no make the situation worst by making them feel bad about themselves. How many ever provisions are brought up for them, extra special should be taken, changes have to be made according to the situation and new laws should be brought up for their welfare. Law is the only tool which can make a person act or behave in the right way and it is the best way to bring change. Not only in the books but it should practically happen in front of the eyes

Violence and Masculinity in Cinema

The Indian cinema landscape is one that has seen massive evolution in terms of themes and contents over the years. It is globally recognized for its idiosyncrasies and manner of representations. Cinema has reflected what our human experiences are, and what our society has created and holds onto as ideals. But the art form itself is a vehicle of change, often bringing many issues into the limelight and generating public discourses. Cinema has great influential capacity and can reinforce or challenge many notions. Oscar Wilde said that “Life imitates art more than art imitates life”. This is often verifiably true. Heroes in movies often become the standards that youngsters aspire to be, and many have paid dearly for trying to do whatever possible to look like or be like a character they saw on screen.

A particularly interesting phenomenon in a lot of mainstream cinema is the violence portrayed in it. Anyone who has watched a couple popular movies will agree that this is not an isolated phenomenon, but something considered intrinsic to the storyline. We should also note that most of the scenes of violence are hugely exaggerated, even to the point of being comical. The hero seems to have inhuman powers and those around him, no matter how many in number will typically always fail in defending themselves, let alone in attacking him. The slow-motion editing and sound effects, the camera work as well as the dialogue all together create a certain kind of sensationalism which is to lead the audience into outbursts of applause. This prompts us to ask what part violence plays in the story and why do we have such portrayals of it.

First off, it is understood that these scenes are supposed to be praised and are to emphasize the heroic position of the character. While the villain may unleash such violence and prove that he is a worthy opponent, his capacities always fall short of the hero. And it is almost unheard of that a heroine, even if the movie is focused on her, engages in such violence to prove anything. The notion is not even considered. Violence becomes intertwined with an idea of masculinity, apparently best depicted through aggression and overpowering, even if it means destroying. We can also consider how this might be influenced by the stereotypical motif found in many stories of the West and the East, of the hero who saves the damsel in distress, often fighting many monsters to accomplish the task. Patriarchal ideas of men having to save women, and also having to ‘prove’ their masculinity through certain acts have contributed to these ideas. It is also worth remembering that these notions are detrimental to both women and men. Aggression becomes ‘natural’ for men and an overt representation of it in cinema is applauded. On the other hand, a woman who might even be angry for a legitimate reason is considered as ‘too-emotional’ or ‘hysterical’. These double standards are seen in cinema as well, engrained in our consciousness so well that we dare not question it.

The legitimacy afforded to violent heroes who consider their conquest of enemies and women as trophies influence a generation growing up seeking for acceptance. They look up to these people as heroes and without anyone to tell them otherwise, let themselves be controlled by their anger. This might be learnt at a young age, but it lasts for a lifetime. Is it any wonder then that domestic violence and abuse increases on a day to day basis, even in the homes of those considered well-educated? As long as we are praising heroes who are heroic by virtue of their beating up anyone who dares to cross them, even when the hero might be in the wrong, we are perpetuating the notion that violence is power. And power is also considered praise-worthy and something everyone should aspire to have. It is also a quest for power that affirms rape culture and rape jokes in the minds of many, and when violence is glorified on screen, it is bound to have its effects on the psyche. Perhaps it is time that we chose to look more closely at the various causes rather than the symptoms that plague us, and change the things we affirm and promote as something worth aspiring to in society.

National Education Policy after 2020

The Union Cabinet on Wednesday approved the new National Education Policy (NEP) with an aim to introduce several changes in the Indian education system – from the school to college level. A single regulator for higher education institutions, multiple entries and exit options in degree courses, discontinuation of MPhil programs, low stakes board exams, common entrance exams for universities are among the highlights of the policy.  Speaking to reporters, Union minister Prakash Javadekar said the changes are important as the policy, which was framed in 1986 and revised in 1992, had not been revised since then.

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The NEP 2020 aims at making “India a global knowledge superpower”.The new academic session will begin in September-October – the delay is due to the unprecedented coronavirus disease (Covid-19) outbreak – and the government aims to introduce the policy before the new session kicks in. The committee — which suggested changes in the education system under the NEP — was headed by former ISRO chief K Kasturirangan. The NEP was drafted in 1986 and updated in 1992. The NEP was part of the election manifesto of the ruling Bhartiya Janta Party (BJP) ahead of the 2014 elections.

Either one of the mother tongue or the local/regional language will be the medium of instruction up to Class 5 in all schools, the government said Wednesday while launching the National Education Policy 2020. Among other changes in the revision of the NEP, last done over three decades ago, is the extension of the right to education to cover all children between three and 18 years of age. The policy also proposes vocational education, with internships, for students from Class 6, a change to the 10+2 schooling structure, and a four-year bachelor’s program. NEP 2020 will bring two crores, out-of-school children, back into the mainstream, the government has claimed. Prime Minister Narendra Modi tweeted saying he “wholeheartedly welcomed” the policy, which he called a “long due and much-awaited reform in the education sector”.

In a bid to ramp up digital learning, a National Educational Technology Forum (NETF) would be created. “E-courses will be developed in eight regional languages initially and virtual labs will be developed,” Amit Khare, Higher Education Secretary, said. Top 100 foreign colleges will be allowed to set-up campuses in India. According to the HRD Ministry document, listing salient features of policy, “such (foreign) universities will be given special dispensation regarding regulatory, governance, and content norms on par with other autonomous institutions of India.” Standalone Higher Education Institutes and professional education institutes will be evolved into multi-disciplinary education. “There are over 45,000 affiliated colleges in our country. Under Graded Autonomy, Academic, Administrative and Financial Autonomy will be given to colleges, on the basis of the status of their accreditation,” he further said.

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Here are the important points in the National Education Policy 2020:

  1. The mother tongue or local or regional language is to be the medium of instruction in all schools up to Class 5 (preferably till Class 8 and beyond), according to the policy. Under the NEP 2020, Sanskrit will be offered at all levels and foreign languages from the secondary school level.
  2. The 10+2 structure has been replaced with 5+3+3+4, consisting of 12 years of school and three of Anganwadi or pre-school. This will be split as follows: a foundational stage (ages three and eight), three years of pre-primary (ages eight to 11), a preparatory stage (ages 11 to 14), and a secondary stage (ages 14 to 18). According to the government, the revised structure will “bring hitherto uncovered age group of three to six years, recognized globally as a crucial stage for the development of mental faculties, under school curriculum”.
  3. Instead of exams being held every year, school students will sit only for three – at Classes 3, 5, and 8. Assessment in other years will shift to a “regular and formative” style that is more “competency-based, promotes learning and development, and tests higher-order skills, such as analysis, critical thinking and conceptual clarity”.
  4. Board exams will continue to be held for Classes 10 and 12 but even these will be re-designed with “holistic development” as the aim. Standards for this will be established by a new national assessment center – PARAKH (Performance Assessment, Review, and Analysis of Knowledge for Holistic Development).
  5. The policy, the government has said, aims at reducing the curriculum load of students and allowing them to become more “multi-disciplinary” and “multi-lingual”. There will be no rigid separation between arts and sciences, between curricular and extra-curricular activities and between vocational and academic stream, the government said.
  6. To that end, the policy also proposes that higher education institutions like the IITs (Indian Institute of Technology) move towards “holistic education” by 2040 with greater inclusion of arts and humanities subjects for students studying science subjects, and vice versa.
  7. The NEP 2020 proposes a four-year undergraduate program with multiple exit options to give students flexibility. A multi-disciplinary bachelor’s degree will be awarded after completing four years of study. Students exiting after two years will get a diploma and those leaving after 12 months will have studied a vocational/professional course. MPhil (Master of Philosophy) courses are to be discontinued.
  8. A Higher Education Council of India (HECI) will be set up to regulate higher education; the focus will be on institutions that have 3,000 or more students. Among the council’s goals is to increase the gross enrolment ratio from 26.3 percent (2018) to 50 percent by 2035. The HECI will not, however, have jurisdiction over legal and medical colleges.

The Cabinet also approved changing the name of the HRD ministry to the education ministry.

Surrogacy

The word “surrogate” is rooted in Latin “Subrogare” (to substitute), which means “appointed to act in the place of.” It means a substitute, especially a person deputizing for another in a specific role, so the surrogate mother implies a woman who becomes pregnant and gives birth to a child with the intention of giving away this child to another person or couple, commonly referred to as the “intended” or “commissioning” parents. Surrogacy is an important fertility treatment, wherein advent of in vitro fertilization (IVF) has made motherhood possible for
women without uterus, with uterine anomalies preventing pregnancies, with serious medical problems, or with other contraindications for pregnancy, to achieve motherhood through the use of embryo created by themselves or donor and transferred to the uterus of gestational carrier. This technique has also made it possible for gay couples and single men to achieve fatherhood by having embryo created with their sperm and donor oocytes.

Types of surrogacy

Surrogacy is of two types: traditional and gestational. Traditional (genetic/partial/straight)
surrogacy is the result of artificial insemination of the surrogate mother with the intended
father’s sperm, making her a genetic parent along with the intended father. Gestational
surrogacy (host/full surrogacy) is defined as arrangement in which an embryo from the intended parents or from a donated oocyte or sperm is transferred to the surrogate uterus. In gestational surrogacy, the woman who carries the child has no genetic connection to the child. Surrogacy may be commercial or altruistic, depending upon whether the surrogate receives financial reward for her pregnancy. If surrogate receives money for the surrogacy
arrangement, it is considered commercial, and if she receives no compensation beyond reimbursement of her medical and other pregnancy-related expenses along with the insurance coverage for her, it is referred to as altruistic.

PROS OF SURROGACY


1)It fulfils the wish for the couples to complete their family.
2)It is the good alternate for the women who have infertilities due to certain reasons. It is the latest tool for the fight against the infertility.
3) Women have the positive experience by helping the peoples to have their own child.
4) In commercial surrogacy the poor women are greatly helped by getting the money to meet their need and also can be used or the future purpose for their own child or for their families.
5)Any person can have the privilege of having the child whether they are couples, lesbian, gay or single person.

CONS OF SURROGACY

1) There can be explotations of the women regarding the surrogacy for the money.
2)Women can be treated as a labour which provides the facilities for the birth of the child.
3)If both the commissioning parents and surrogate mother refuses to keep the child, then there will be the violation of rights of the child.
4)Only the wealthy people can afford it.

SUGGESTIONS

1) The rights of the surrogate mother should be procted in every possible manner.
2) There should be a proper contract done to avoid the anomalies between the commissioning parents and the surrogate mother and also to protect the rights of the child.

Thanks….

Great places for tourism in India

India is one of the fastest growing countries in the world, not just economically, but also in tourism. Tourism makes a great contribution to the Indian economy, and helps our country grow faster. Tourism generates about 9.2 % of Indian GDP single handedly. Millions of people visit India every year as tourists. India is famous for its serene beaches, enticing palaces, wide green landscapes, enchanting hill stations and for its calming religious places. India with its vast culture and diverse habitants houses many different monuments, palaces and historical artifacts. Every place in India has its own history and importance. A tourist must visit India many times in order to cover every significant place. We have tourists visiting India multiple times, so that they can relive their memories. India is so rich in its cultural heritage, that every person on this earth would want to visit India, at least once in their lifetime. Places like Tamil Nadu, Maharashtra, Delhi and Uttar Pradesh are some of the places one wouldn’t want to miss. 

Let us now look at some of the world heritage sites in India:- 

1. Agra fort:- It was built in the 16 th century by the Mughal emperors and Is one of the 

most prominent architecture of its time.

2. Ajanta caves:- Famous because it’s richly decorated with paintings like sigiriya 

paintings.

3. Ellora caves:- It’s famous for the Buddhist, Jain and Hindu temples and its rock cut 

architecture.

4. Taj Mahal:- It was built by the famous Mughal emperor Shah Jahan in Agra in the 

memory of his third wife Mumtaz Mahal.

5. Sun Temple:- It is situated in Orissa and is famous for its Kalinga architectural 

designs.

6. Mahabalipuram monuments:- It was built by the emperor’s of Pallava Dynasty as it 

depicts architectural designs of their time. It’s famous for its temples, chariots and mandapas.

7. Churches and Convents of Goa:- The churches and Convents in Goa are built by the 

Portugese, French and Britishers. They are one of the oldest pieces of architecture existing even today.

8. Khajuraho monuments:- They consist of famous Jain and Hindu temples in Jhansi. 

They are famous for their erotic figures and sculptures.

9. Monuments of Hampi:- Situated in the prosperous kingdom of Vijayanagar of 

Karnataka, they are famous for their Dravidian style of architectural designs and for the famous Virupaksha temple.

10. Fatehpur Sikri:- It is Famous for its four monuments, the Jama masjid, the Buland darwaza , Diwan-e-khas and Diwan-e-aam. 

These don’t even constitute a percentage of what India possesses. India is a country filled with culture and traditions not just Indian but also various others. As Indian’s we must not only take pride in these but also do our best in protecting them, as various historical sites are getting damaged due to intense pollution and lack of proper protection. The government is trying it’s level best to protect them and now it’s our turn. Imagine ten years down the lane we just have ruptures and ruins of these beautiful sites. It’s better to take proper action now, than regret later.

Grit: How Mental toughness matters?

Grit is the perseverance and determination to achieve one’s long term goals in life. Grit is also called mental toughness. Grit, is our key to success and self confidence. It becomes more important than our IQ itself. Grit requires, strong passion for doing things, even if things get boring, tiring and frustrating, they wouldn’t give up on their dreams, because of their passion for it. Have you ever wondered why the kid in school who was always the intelligent one or the teacher’s pet or an all-rounder, ended not becoming successful in their careers? It was because of the lack of grit. Grit does much more than intelligence or IQ does to a human being. Grit gives us the extra push we need to achieve something in life. Grit is the ability to persevere even when you face obstacles or fail, it is the ability to work harder, in order to achieve your goals. This is the reason, you find that students who were once failing in school, are very successful in their lives, this is because of their mental toughness, to not give up after failing, and to keep working hard, until they achieve it. 

Importance of grit:- 

Grit can make you hard working. It can make you committed to your work, so that you stick with it until the end. Grit is the driver of both intelligence and talent, so talent without grit or intelligence without grit is equal to a vehicle without fuel that helps it work. Some people are born talented or born smart but without enough grit in life they can never become successful or achieve their goals. Only grit can transform intelligence and talent into a skill that paves your way to success. Grit helps you overcome failure easily. It helps you do extra always, like run an extra round during your exercise sessions, or do extra research on your homework. 

There are some basic characteristics of grit, they are:- 

● Staying strong and overcoming your pain and fear:- A lot of people are way more courageous than they think they are. We need to overcome our fear of failing, a child overcomes it’s fear of starting the first day at school, entrepreneurs overcome their fear of failing when they have to start a new business. Grit helps us overcome them and achieve success in life. 

● Staying committed and positive always:- Have you noticed how determined businessmen are ?. If they won’t be resilient and determined, then they will lose, as there is a lot of cut throat competition in the world of business. We must also be confident and always committed in achieving our goals to be successful. 

● Staying put in order to achieve goals:- Nothing in this world is easily achieved, everything requires hard work, commitment and confidence. Everyone faces failure in life, but a person with grit will always endure the pain, and overcome the failure and try again. If we don’t stick with our goals and try again, we will never achieve them. Grit is a very important aspect of life that is often neglected. People always strive to 

be intelligent and talented, but fail to realise that it’s ultimately the grit that brings them success.

Karnataka, one State many worlds

 Karnataka is a beautiful land of culture, art and a wide landscape. It extends from Belgaum in the north all the way to Bangalore down the south. It is a land with a rich cultural heritage. It is famous for its serene beaches, tasty food and amazing monuments and historical artifacts. The native language of Karnataka is Kannada, but you find people right from Kashmir to Kanyakumari, who’ve made Karnataka their home. You find people from all the religions here as well. This Southern state of India is surrounded by different states such as Tamil Nadu, Andhra Pradesh , Kerala, Goa and Maharashtra. It is also surrounded by the Arabian sea. It ranks second in housing famous monuments in India. It is also famous for its hill stations and beautiful palaces. Bangalore is its capital situated towards the south. There are a lot of tourist attractions in Karnataka that you shouldn’t miss at any cost. There are a lot of palaces, waterfalls, dams , temples, mosques and churches which are a sight to behold. I have curated a few of the most beautiful and amazing places, which you should know about. 

1. Mysore palace:- It is the major attraction of the Mysore City, which is also called the 

city of palaces. The detailed carvings on it’s pillars and the beautiful hand sculpting is a delight to everyone’s eyes. Only mobile photography is allowed inside the palace, one cannot use their cameras. The best time to visit the palace is during the Dasara festivals, the palace is completely decked up with enticing lights. The best part about it is the rich customs and traditions followed during these times. Do not forget the Jamboo savari, it is a treat to watch.

2. Jog falls:- It is a waterfall on the Sharavathi river ,located in the western ghats of Uttara Kannada district. It is the second highest waterfall in India. It is a major attraction for the tourists. The best time to visit Jog falls is during the monsoons, it creates a beautiful sight with rainbows appearing every now and then. The water falls down directly without streaming into the rocks. August-December is the time when there is, best flow . There is a dam nearby associated with it called the Linganamakki dam.

3. Bandipur National Park:- It is a tiger reserve located in the state of Karnataka. It has the second highest tiger population in India. It was used by the Maharaja’s of Mysore as their private hunting reserve. Later after independence it went on to become Bandipur National Park. Adjacent to it is the Nagarhole National Park. There are about 150,000 cattles in this reserve, so diseases might be transmitted from the cattles to the wildlife. These diseases are feared to destroy the flora and fauna of the reserve. There is a national highway passing through the reserve, this has killed a lot of animals in the reserve. Night traffic is banned to save these animals. 

  These are just few places which one must not miss to see in their lifetime, but there are a lot     more wonderful places this beautiful state possesses and takes pride of it. 

History of political parties in India

Organized group of citizens who form a unit , sharing similar political views, and who try to control the government are political parties. Indian political history dates back to the pre-independence times. People have a right to form their own political party and they usually work for the common interest of the nation. There are three types of political systems basically they are:- 

● One party political system:- Here there is only one political party in place, and they elect their leaders, from this party only. Example:- Russia, China etc 

● Two party political system:- Here there consist of two political parties, who compete to run the government. Example:- USA, Canada etc. 

● Multiple party political system:- Here there can be any number of political parties in place. Example:- India, Pakistan etc. 

There are about seven recognised parties as of today, they are:- 

● Bharatiya Janata Party (1980) 

● Indian National Congress (1885) 

● Communist Party of India (Marxist) (1964) 

● Communist Party of India (1925) 

● National Congress Party (1999) 

● All India Trinamool Congress (1998) 

Pre-independence era political parties:- 

● Muslim League 

● Shiromani akali dal 

● Swaraj Party 

● Communist Party of India 

● Dravidar Kazhagam 

● National Conference 

● All India forward bloc 

Advantages of having a multi political party system:- 

● India is a democratic country, and every citizen has a right to form, or be a part of a political party. 

● It brings about transparency in the election process , though there still exists foul play in the election process. 

● The political parties are held accountable to the needs of, common public and their problems. 

● India , one of the most diverse countries in the world, is best suited with a multi political party system. This way, all the sections of the society are given recognition and their voices are heard. 

● This system negates the single dictatorship of one political party. There is a healthy competition among the parties. 

Disadvantages of having a multi political party system:- 

● Due to many parties in place, there might be political instability in the country. 

● There is a lot of corruption seen today because of a number of parties existing. 

● To implement a policy or a decision, the government will take a very long time, due to the opinion and disagreements among the various political parties. 

● The regional parties work for just one particular part of a society, hence the other communities can go unheard. 

● Most of the political parties can work for the interest of certain religions, thereby creating religious issues in the country. 

There are negatives and positives with the multi political party system, but it surely does more good to our country, and India with its huge population and diverse culture, is best suited with this type of a political system. The only major issue we all have to fear is the threat to our unity and security of our country. Every system has its own loopholes, no government in this world has ever achieved perfection, as long as people are different, there will be differences in their viewpoints as well. The only thing that can make us better, is the improvement seen in the country and its political parties.

The Rights of the Accused

An accused or arrested person is the one who has charged for a crime, but not necessarily has committed the crime. The term arrest means apprehension of a person by legal authority so as to cause deprivation of liberty. They are the arrested as the police officers think that there is a chance for that person to be the criminal, this is usually taken on the benefit of doubt after considering all the evidences and issues. They cannot be arrested merely by suspicion or information, a doubt has to arsise considering all the factors, only them one can be arrested. Arrest can tekr place with and without a warrant, Section 41 of the CrPC (Criminal Procedural Code), 1973 states the situations where a peron can be arrested without a need for a warrant, for example rape, murder, etc. In India it is presumed that a person is always innocent till proven guilty, and we also lay down the principle that no matter whoever it is, either the innocent or guilty including criminals , have the right to life which is enshrines in the Indian Constitution under the article 21. This article states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” This right can be invoked only if it has been decided by the court that a person can no longer can be alive, by issuing a death sentence, or in the case of life imprisonment, the decisions are taken after reviewing the offences, arguments by both parties, evidence, and the necessary legislations. So, every person including the accused have certain rights and they will we discussed in the article. Subsequently the accused have several rights that are vested in them, and are to be followed during the time of investigation, trial and all the procedures he is concerned with. The accused has the right to know that hes certain rights. The rights of the accused can be divided into two broad categories:

  1. Rights at the time of arrest, and
  2. Rights at the time of trial

The rights that are included under the above two categories will be discussed below:

1. Right to know the grounds of arrest : A person who has been arrested, has the the following rights which enable him to know the reasons for the arrest. They have been discussed as follows:

  • Article 22(1) of the constitution states that no police officer can arrest a person without telling the person reasons behind his arrest.
  • Section 50 and 50A  of the CrPC states that there is a duty on the part of police officer to states the reasons for his arrest, this is applicable when a police officer arrests the person without a warrant, and this action should also be informed to the person’s relatives or friends.
  • According to Section 55 of CrPC, if a junior has been delegated the work to arrest a certain person without warrant , then the junior has to give the order of delegation, along with reasonable reason for the arrest.
  • Section 75 of CrPC provides that when the warrant for arrest is being issued, it shall be notified and checked by the arrested person, the warrant shall be furnished in case of any changes.

2.  Right to be produced before the Magistrate without delay : The arrested person shall be taken to the magistrate before 24 hours, failing so it would make the respective authorities responsible for wrong arrest or detention. This right has been clearly explained in article 22(1) of the constitution, along with section 56 and 76 of the CrPC. 

3. Information regarding right to be released on bail : If a person arrested without a warrant, and is accused of a bailable offence, then the police officers have to give information, that they have the right to get a bail on payment of a certain amount. Section 50(2) of the CrPC has stated that a person has a right to get bail, and they shall inform the arrested person that, so that they can make arrangements for attaining the bail.

4. Right to fair and just trial : This right has two components i.e, the right to fair trial, and the right to speedy trial. 

  • Right to fair trial should be granted as everyone is equal before law. The law of equality has been clearly enshrined under article 14 of the Constitution. The trial must be fair, should be conducted in open court, and shall also be recorded using camera but there can be exceptional sensitive cases where camera recording is considered unnecessary. 
  • Even Though the right to speedy trial has not been mentioned anywhere, the Supreme court gave a judgment in Huissainara Khatoon v/s Home Secretary, State of Bihar case where it as held that the trial shall be disposed as diligently and expeditiously as possible. 

5. Right to consult a lawyer : Every person who has been arrested has the right to consult a lawyer of their own choice. This element has been stated under article 22(1) which states that one could choose their lawyer to defend them in the court, the same has been stated under section 41D of CrPC in the case of interrogation, and section 303 of CrPC when criminal proceeding are happening. Hence, when all the above situations take place one has a right to a legal practitioner. 

6. Right to free legal aid: When a person is not financially capable of hiring a lawyer for defending them, in that case the state has the duty to provide free legal aid to all the accused person who have been poverty stricken, this has been stated under article 39A of the constitution. The duty of the states was again reminded in Khatri v/s Bihar case. The same has also been provided under article 302 of CrPc.

7. Right to remain silent : One has the right to remain silent during the trial, it cannot be presumed that a person is guilty just because he is unanswering all the questions. It has been enshrined under article 20(3) that no person can be compelled to be a victim against oneself. In the Nandini Satpathy v/s P.L. Dani case it has been stated that no person shall be forced to confess something as they have a right to remain silent. 

8. Right to be examined by a medical practitioner : Under the section 54 of the CrPC, it has bee stated that the accused person has the right to get a medical examination done, if the accused claims that there are some details which would prove that he has not committed the crime, this is also applicable when the accused claims that he has some detail on him which proves that there was a commission of crime by someone else on him, this right can be availed. 

All the above 8 rights are the major ones which play an important role in the rights of the accused. However there have been other rights stated under the sections 55A, 358, 41, 46, 49 of the CrPC. They contain rights like right to health care ans safety of the accused, right to avail compensation when illegally arrested, etc. There have been cases like In D.K Basu vs  State of West Bengal and others which is a landmark judgement,Joginder Singh vs. State of U.P ,and many other cases which played an important role in achieving today’s state of accused rights. 

All the above rights have comes to present states only after many efforts ov different people. The main intention behind it was to reduce the number of illegal and custodial deaths, which are mainly caused due to illegal arrests. Not only that, we should remember  that the accused and criminal are also normal human beings like the all of use, hence they should be deprived of right to life, and the right to have rights. The rights have fulfilled its objectives mainly to decrease the number of custodial deaths. In spite of all the rights, there are cases which have been reported where the police are misusing their authority and position, by invoking the rights of the accused, to gain some money out of the process. There also have been cases where the accused in has not been informed about his rights, and he was totally unaware of them, due to which he was exploited. Police officers are the keepers of law and rights, thy are not supposed be doing the above crimes, instead they should play an important role in making sure everyone is exercising their rights in the society. The legislation should get more stringent in regard with the crimes of police officers, as stricter the legislation lesser the problems. Continuous efforts are taking place, and one day in the future we might see no misuse of rights, and when no one is deprived of them too. 

The Law of Criminal Conspiracy

A criminal conspiracy is when two or more people come into an agreement to commit a crime in the future. It can either be a unlawful crime or, a lawful action which has been achieved by unlawful means. The mere agreement between two people does not amount to criminal conspiracy, some other action has to take place which pursues the objectives in the agreement. Criminal conspiracy is an punishable offence as stated under section 120 of the Indian Penal Code (IPC), 1860. This crime has been defined under section 120A as : “When two or more per­sons agree to do, or cause to be done

a.an illegal act, or                                                                                                                     b. an act which is not illegal by illegal means, such an agree­ment is designated a criminal conspiracy:                                                                                                                            Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.”

Section 120B of the IPC has provided for the punishment of criminal conspiracy, it states that any person who has committed the crime of criminal conspiracy will either be punished with the death sentence, or an imprisonment for a minimum of two years or above will take place. The same punishment will apply in the case of abetment to the offence. Any person who has committed any other offence  will be punished with either with an imprisonment not exceeding 6 months, or a fine, in some cases even both. 

The offence of conspiracy was considered a civil offence before, but after considering the abetment concept to the conspiracy, and the commission of various crimes like murder, robbery, etc which involve criminal conspiracy, it was considered that this should be regarded as a crime. The position of criminal conspiracy has been changed when the section 120A and 120B has been added through the V A chapter to the IPC. Now we will be discussing the essentials for an act to be considered as criminal conspiracy, they have been discussed as follows:

  • Two or more people: For an act to be considered as criminal conspiracy only when two or more than two minds are conspiring for or against something. Only one conspiring wont be a criminal conspiracy.
  • Commission of an illegal act: Mere agreement between the wto or more parties to do something is not considered as conspiracy, and act  has to be done which is prohibited by the IPC, and it completely forbidden by law, then the parties will be accountable fro criminal conspiracy.
  • Commission of a crime by illegal means: When a completely legal act is committed through various illegal means by two or more people as they have caused ommission , then is is regarded that the person has committed the crime of criminal conspiracy. 
  • Meeting of minds: The person involved in the criminal conspiracy are regarded to commit that when each and everyone know the intention behind the actions that are going to take place, if they don’t know them they they will not be liable for criminal conspiracy. This plays an important role in proving that there has been a conspiracy.

A question may arise that what if only one of the two people is present in the crime, and second one has not played part in the crime, in that case only the person committing it will be convicted. But if the second person has committed small mistakes which helped the first person th commit the crime, then he will also be jointly liable. 

Now lets take the help of an example to understand, lets assume that A, B, C and D commit a bank robbery, A is responsible for cutting the wires to go into the bank, and C and D go into the bank and steal all the money, and when all this is happening B is standing outside the bank, and he is not aware of the situation that bank robbery is going to happen, his duty was a driver who would just drop them to a particular place. So in the above situation C and D are clearly a part of the criminal conspiracy, whereas A has committed abetment, i.e supported the crime by leading a way into the bank, hence B will also be a part of the criminal conspiracy as an abettor. B had no idea of what was happening , therefore he would not be liable for criminal conspiracy. Hence, we can see that there was meeting of minds between A, C and D. We have to remember that crime is a combination of actus rea that is the physical action, and mens rea which is the mental wrong intention to commit the crime, thus one would be liable only if both take place. 

To sum it up, the law of criminal conspiracy has been clearly explained through the above examples and provisions. Hence, it becomes important to take into consideration every small thing while one is proving for criminal conspiracy. Only if all the essentials are fulfilled we can come to a conclusion that a crime has taken place, It is very difficult to prove the meeting minds point, but we have to understand that the mental intention of a person plays a very important rile in deciding if one is a criminal or not. Hence, investigation should be conducted in a very clear and transparent manner, without leaving the smallest of smallest detail. 

Honour Killing : Need for a Law

Honour killing or shame killing is the term used when one member of the family (especially male) kills another member of the family (especially female) because that member has brought shame to the family’s culture tradition by committing something wrong acc ording to the members of the family. That act committed has affected the reputation of the family, the act can take the form of divorce (even if husband was abusive), love marriage (and not arranged same gotra marriages), marrying a person of the lower caste, commission of adultery, etc. These sort of killings can also be termed as cultural killing, as it is done when a person acts beyond the scope of the code of conduct laid down in that particular culture,household, and community, by breaching the code and this is considered to be “illegal” or “immoral”. This has been  happening in many places in the nation, but there has not been any specific legislation only for Honour killing, it usually comes under the category of murder or homicide. We will be discussing the international and national aspects of law with regard to honour killing. 

Honour Killings are considered as a gross violation of human rights against a women as it has proven that theory are more vulnerable to this than that of men. Killing a women for the purposes of honor is highly violating their rights. There have been several international conventions and conferences namely the International Convention on Human Rights (1948),  International Convention of Civil and Political Rights (1966), Convention on the Elimination of All Forms of Discrimination against Women (1979), have stated that the human rights of women should be duly protected and “honor” is no defence to honour killing as a means to protecting the culture and tradition, and this is against the principle of right to life as stated under the UDHR (Universal Declaration Of Human Rights), 1948. There have other international laws with respect to this, but the above ones are the most important ones.

Now lets look into the laws present in India regarding Honour Killing, as stated above there has not been any specific ;legislation on the topic of Honour Killing, even though it has been highly prevalent. We will be looking into other provisions in other legislation where one could be punished for heinous crime. As honor killing is nor so different form mourder and homicide which have been mention in the Indian Penal Code, 1860, it is assumed that they are sufficient to decide the punishment and penalty in the case of honour killing. The provisions of the IPC have been discussed as follows:

  • Sections 299-304: Penalises any person guilty of murder and culpable homicide not amounting to murder.  The punishment for murder is life sentence or death and fine.  The punishment for culpable homicide not amounting to murder is life imprisonment or imprisonment for upto 10 years and fine.
  • Section 307: Penalises attempt to murder with imprisonment for upto 10 years and a fine.  If a person is hurt, the penalty can extend to life imprisonment.
  • Section 308: Penalises attempt to commit culpable homicide by imprisonment for upto 3 years or with fine or with both.  If it causes hurt, the person shall be imprisoned for upto 7 years or fined or both.
  • Section 120A and B: Penalises any person who is a party to a criminal conspiracy.
  • Sections 107-116: Penalises persons for abetment of offences including murder and culpable homicide.
  • Section 34 and 35: Penalises criminal acts done by several persons in furtherance of common intention.

However, in spite of the above provisions a bill is being proposed in the parliament to amend specific provision of different laws like, the  Indian Penal Code, 1860,  and Indian Evidence Act  the Special Marriages Act, 1954,  and the Indian Evidence Act, 1872 as there have been a rise in the cases of honour killing, the bill soughts to bring necessary amendment in these acts in order to decrease the crimes related to honour killing. The bill in question is still pending. The amendments that are ought be but under the bill are an amendment was thought to be brought in the Indian Evidence Act, 1872, so that burden of proof can be shifted to the accuses, hence the accused who are the family members and panchayats, in this case have to prove their innocence by giving reason that an honour killing has not taken place. In the same manner an amendment has to be brought to section 300 of the IPC, to include honour killing as a different type of murder, and the process for marriage has to be shorter an easier under the Special Marriages Act, 1954 so that the couple couple can not be prone to honour killing. An amendment to the Hindu Marriage Act, 1955 disallowing same gotra marriage has to be demanded.  After seeing the above provisions, it can be concluded that a separate legislation or amendments to the present act has to be brought  for honour killing as soon as possible. The efforts taken have to be completed, and a new legislation has to be brought. 

To sum it up, we Indians tend to give a lot of importance to culture and tradition, as they form the core part of our lives. It has been proven that in some specific areas like Haryana, uttar Pradesh and Rajasthan in North India, and Kerala, Tamil Nadu, in South India, honour killings are highly prevalent. These are not new in rural areas but they also exist in urban areas too, and even in other states in the nation. How much ever developed we are, there are certain things in which our thinking doesn’t change, we tend to stick to our old ways and myths, instead of becoming dynamic ans change as per the changes in the society. Caste and culture play an important role in politics, education and in almost everything in the nation. There have been cases where a person in the family is highly educated, ans still has committed this crime. Even education is not able the change the mentality of a person. Its high time we take measures to eradicate this mental disease existing in the corners of every society. Its time we change and bring a change regarding this issues. Developments should not only take place in terms of money and economy, it has to take place in the way we accept newer thing in life. Tradition and culture should no longer be a excuse for killing a person, we have to keep in mind that even the cultural concepts are prone to subjective opinion. It is not stated anywhere that a change cannot happen, and one cannot deviate from one’s culture, we are the ones who are thinking like that. We should understand that there is no honour in killing a person

SECULARISM

The term secular was not included in the original constitution. But, the spirit of secularism was ever found in the constitution. The Preamble declares that the constitution secures ‘to all citizens liberty of thought, expression, belief, faith and worship’. The 42 Amendment Act, 1976 inserted the term ‘secular’ in the Preamble.

Secularism: Western View

The concept of secularism refers to guaranteeing every individual the liberty of managing his religious affairs, embracing a religion and worship. According to Encyclopaedia Britannica, ‘secularism means being non-spiritual and having no concern with religious matters. It is used in the sense of being opposed to religion. However, secularism and religion are not hostile to each other but are mutually exclusive. Secularism does not oppose religion or advocate the abandonment of religion. Religion and secularism can perfectly coexist. It refers to being neutral to religious affairs.

Secularism in India

The western view of secularism is not acceptable in the Indian context. The founding fathers of the constitution sought to establish India as a secular state. It is ‘the state that is not going to make any discrimination whatsoever on the ground of religion or community against any person professing any particular form of religious faith. This means, in essence that no particular religion in the state will receive any state patronage whatsoever. The state is not going to establish, patronize or endow any particular religion to the exclusion of or in preference to others and that no citizen in the state will have any preferential treatment or will be discriminated against simply on the ground that he professed a particular form of religion. In other words, in the affairs of the state the professing of any particular religion will not be taken into consideration at all.’

The constitution guarantees the following freedoms to all persons in India:

  1. Freedom of conscience and the right to profess practise and propagate a religion of his faith
    (Article 25).
  2. Freedom to establish and maintain institutions for religious and charitable purposes and administer their affairs (Article 26).
  3. Freedom to own and acquire properties (Article 26).
  4. The right not pay any tax for the promotion of any particular religion (Article 27).
  5. Prohibition on imparting religious instructions in the state-run/state-funded educational institutions (Article 28).
  6. Prohibiting discrimination with regard to places of public importance (Article 15).
  7. Providing equal opportunity in matters of public employment (Article 16).
  8. Right of the minorities to conserve their language, script and culture (Article 29).
  9. Right of the minorities to establish and administer educational institutions of their choice
    (Article 30).

This clearly indicates that secularism in Indian context is based on ‘freedom, equality and tolerance’. The constitution does not erect a wall separating state and religion. It requires the state to be non partisan. The state will not identify itself with any religion. The state is neither theistic nor theocratic nor an atheistic state. The state is envisaged as an ‘Irreligious State’. Moreover, the constitution guarantees the right to religion subject to reasonable restrictions so that equality is established. Thus, Indian secularism is a ‘progressive’ concept.

Every individual is guaranteed with the right to conscience that is, one can embrace any religious faith, or remain agnostic or even atheistic. The state shall keep itself away from ‘man–God’ relations and shall only regulate the ‘man–man’ relations. The Supreme Court has held that the right to conscience is an absolute right and must not be subject to regulation. Irrespective of this the state shall treat every individual equally and must not treat any one preferentially or discriminate any of them. The state must keep equidistance from all religions. In case of any privilege or patronage accorded to any religion shall be available to all religions equally. All religions must be provided with equal opportunity for development. The provisions of Articles 14, 15 and 16 guarantee equality by prohibiting any discrimination on the ground of religion. Towards promoting equality, Article 44 directs the state to secure a uniform civil code for all citizens.

The religious denominations/groups are guaranteed the freedom to manage their religious affairs and establish institutions for that purpose. They also have the right to acquire and own property as a fundamental right even after the constitution (44 Amendment Act) which repealed the right to property as a fundamental right. On the same lines the educational institutions established by the minorities also enjoy the right to property as fundamental right. Further, the constitution guarantees the right not to pay tax if the proceeds of such tax are to be used for the promotion of any particular religion. This is a towering feature of Indian secularism. Tax is compulsory exaction of money and the power to impose tax is an important feature of sovereign power.

The state-run or state-funded educational institutions are prohibited from imparting any religious instructions. However, the institutions set-up by the religious groups, imparting religious instructions are permitted but no one should be compelled to receive them. In case of minors, the consent of their parents or guardians is essential for imparting religious instructions. This is fully in conformation with the Preamble and Article 25 (1) which guarantees the right to conscience as an absolute freedom.

Given the complexities of Indian culture, the debate on secularism is different from that in other countries. In India the religion happens to be the basis for the caste and the associated discriminatory practices. Traditionally the social evil practices such as untouchability, gender disparity, etc., were justified on ground of religion. Hence, the restrictions on this right are essential. Further, the state needs to be empowered to regulate the right in order to promote social reforms. It is also essential to regulate the economic, financial, political or other secular activity which may be associated with religious practice. Similarly, the educational institutions established by the minorities are also subjected to the regulation of the state with respect to the quality of education. The state must prevent any regressive education in the garb of religious freedom.

The constitution guarantees the right to the individuals and conferred power on the state to create conducive conditions for the smooth and harmonious exercise of the same. Thus, the concept of secularism in India is a progressive one.

PARLIAMENTARY DEMOCRACY

‘Parliamentary democracy, democratic form of government in which the party (or a coalition of parties) with the greatest representation in the Parliament (legislature) forms the government, its leader becoming Prime Minister. Executive functions are exercised by members of the Parliament appointed by the Prime Minister to the cabinet. The parties in the minority serve in opposition to the majority and have the duty to challenge it regularly’. It is also known as Cabinet Form of Government with ministerial responsibility. The Constitution of India sets up parliamentary form of government to both the union and the states. Indian system is a legacy of the British rule and follows the English Parliamentary System.

Characteristic Features of Parliamentary Democracy

Parliamentary democracy has certain important features which are:

  1. Dual Executive
    In the parliamentary democracy, there are two executives namely, the titular head and the real executive head. The former is the head of the state and the latter is the head of the government. In India, the President is the titular head and the Prime Minister and his Council of Ministers is the real executive head. Constitution regulates the relationship between the two.
  2. Bicameral Legislature
    In the parliamentary democracy, there are two Houses namely, the Council of States and the House of the People.
  3. Responsible Government
    A responsible government is one which is responsible to the people. It is essential that the government enjoys the confidence of the Parliament for making laws to govern the country. Responsible government refers to two elements of parliamentary government in British derived parliamentary systems. First, the government— Prime Minister and the Council of Ministers, is accountable to the Lower House of Parliament. Hence, the government must maintain majority support in the Lower House; loss of that support means that the government must resign. In this sense, responsible government is another term for parliamentary government; a ministry is ‘responsible’ to Parliament for the activities of government and must resign if it loses the confidence of the lower house. Thus, a government whose accountability to people is ensured through the answerability to the Houses of the Parliament for all its acts, is a ‘Responsible Government’.
  4. Ministerial Responsibility
    The parliamentary form of government is otherwise known as ‘Cabinet Form of Government with Ministerial Responsibility’. The collective responsibility of the Council of Ministers to the House of People for all acts of commission and omission of the government and the individual minister being answerable to the Houses of Parliament for the performance of the ministry/department in his charge are two dimensions of ministerial responsibility.
  5. Weak Separation of Powers
    Montesquieu, a French social and political philosopher coined the term ‘separation of powers’ in his book ‘Spirit of the Laws’. According to him, the political authority of the state is divided into legislative, executive and judicial powers in order to promote liberty most effectively. Separation of powers is an essential element of the Rule of Law and limits one branch from exercising the core functions of another and prevents the concentration of power and provides for checks and balances. The legislature enacts the laws, the executive implements and administers the law and public policy and the judiciary interprets the constitution and laws and decide disputes. In the presidential form of government there is a complete separation of powers. However, this arrangement is weak in the parliamentary system. ‘The parliamentary government has a sort of link between the executive, the legislative and the judiciary.’ In the parliamentary system there is a strong executive branch government but answerable to and controlled by the legislature.
  6. Continuous coordination of Legislature and Executive
    ‘The presidential government has complete separation of powers of the three principal organs of the state, each embodying the sovereignty of the people in the different aspects of the state’s activities and there is no link between them.’ Hence, in this form the executive is pivoted on the President and he is the chief executive and the source of all executive power. In such a system the imminent danger of personality cult is unavoidable. As a consequence, there is a need for continuous coordination of the executive and legislature. This is a natural feature in the parliamentary form of government as there is no complete separation of powers. Furthermore, given the low rate of literacy and low level of political socialization in India it would be difficult to resolve any conflict between the three organs of the government. The coordination system inherent to the parliamentary form helps resolving such conflicts by itself without the citizen playing a role. To quote Shri K. Hanumanthaiya, ‘Instead of having a conflicting trinity it is better to have a harmonious governmental structure’.
  7. Complete and Continuous Responsibility of Executive to Legislature
    The founding fathers wanted to establish a responsible and accountable government; they wanted the government to be sensitive to public expectations, hence, they had chosen the parliamentary form of government. The ‘complete and continuous responsibility’ of the executive to the Parliament is the most distinctive characteristic feature of a parliamentary democracy. Hence, the parliamentary system of government is also known as cabinet form of government with ministerial responsibility. According to M. V. Pylee, the parliamentary system works under the ‘principle of concentrated authority under strict control’. This on the one hand enables an ‘intimate cooperation’ between the Council of Ministers and the Parliament and on the other fixes’ responsibility of the council to the Parliament. Hence, the council is under the constant vigil of the Parliament which is the ‘real merit’ of the Parliament system.

Organisational Culture

Organisational Culture is quite complex. Every organisation has its own unique personality just like people have and this personality of organisations is known as culture. Organisational Culture may be defined as the personality or traits of an organisation. It refers to a system of shared assumption, values, beliefs and customs of the employees of the organisation and how these things result into mixed meaning. These values have a strong influence on employee behaviour as well as on organisational performance. It shows the unofficial aspects of the organisation instead of its professional aspect. An organisation’s culture can be one of its strongest asset for some organisations. Culture or shared values within the organisation may help in increasing the performance. Organisational Culture helps in defining that what type of people will prefer working in an organisation and who will be successful. In many research studies it is found that there is a relationship between organisational culture and company performance with respect to success indicators such as sales, volume, revenue, market share, profit, goodwill and stock prices. Organisational Culture also acts as a effective control mechanism for dictating employee behaviour. It is the most powerful way of controlling and managing employee behaviour than using organisational rules and regulations. Culture is a source of competitive advantage for organisations. It normally includes an organisation’s expectation, experiences, philosophy and values that it hold together. It is an invisible but a powerful tool that influences the behaviour of the employees in the organisation. Organisational Culture includes many things like the way the organisation treats its employees and customers, the extent to which the organisation provides freedom in decision making and personal expression to its employees and how information and power flow through its hierarchy. Organisational Culture helps the organisation in increasing its productivity and performance and it provides the guidelines on customer care and service, quality and safety of product, attendance and punctuality, etc. Organisational Culture is unique for each and every organisation and one of the hardest things to change. It is interwoven with processes, technologies, learning and certain other events. The elements of organisational culture are first, artefacts. The tangible things which represents our culture is known as artefacts. For the company it acts as reminders and trigger. Example: first product of the company, awards gained, etc. Second, stories and histories. Culture can also be passed through stories and histories in planned manner through learning devices. Third, symbols and symbolic action. It is also similar to artefacts. It reminds the people about its norms and beliefs. It can vary from image of its products to handshake between different member. It is very important to maintain the organisation culture and this can be done through following ways:-

  • Behaviour of Manager and Team – It is a very effective method of maintaining organisational culture. It consists of incorporating those programmes and behaviour that the managers, work group and employees notice.
  • Role Modelling, Coaching and Teaching – As we know, learning by doing which means we learn new things when we see, observe and do. Same goes here employees learn about various aspects of organisational culture by observing the behaviour of the managers towards them.
  • Allocation of Rewards, Recognition and Status – Rewards system also helps in teaching the employees about the organisational culture. As rewards, recognition and penalties shows the behaviour and importance of both the managers and the organisation.

Organisational Culture has many importance too. They are:-

  • Acts as a Talent Attractor – Organisational Culture plays a major role for prospective employees as they consider it as a important factor before joining any organisation.
  • Makes Everyone Successful – If the culture of the organisation is good it helps an individual in becoming successful by investing proper time and talent.
  • Builds Social Bonds – Organisational Culture acts as a social bond as it connects all the employees together and they consider themselves as a part of the organisation.

So lastly, it is very important and vital for every organisation to follow organisational culture.

S-400 missile to China

The S-400 Triumf, previously known as the S-300PMU-3, is an anti-aircraft weapon system developed in the 1990s by Russia’s Almaz Central Design Bureau as an upgrade of the S-300 family. It has been in service with the Russian Armed Forces since 2007. Considered to be the most advanced missile defense system in the world, the S-400 ‘Triumf’ system is capable of destroying targets at a distance of up to 400 kilometers and a height of up to 30 kilometers.

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In 2017, the S-400 was described by The Economist as “one of the best air-defense systems currently made”, and Siemon Wezeman of Stockholm International Peace Research Institute (SIPRI) said it “is among the most advanced air defense systems available.” China, Saudi Arabia, Turkey, India, and Qatar expressed their appreciation for the S-400 system, and China was the first foreign buyer to make a government-to-government deal with Russia in 2014.

Amid a global uproar against China – coronavirus, a military standoff with India, Hong Kong, Taiwan, and the South China Sea, US – in just the past six months, Moscow has now announced the suspension of S-400 surface-to-air missile systems to Beijing, with the resumption of deliveries yet to be ascertained.

Russia has announced the suspension of S-400 surface-to-air missile systems to China and said the resumption of further deliveries is yet to be ascertained. Citing Chinese newspaper Sohu, UAWire reported, “This time, Russia announced the postponement of the delivery of missiles for the Chinese S-400 system. To a certain extent, we can say that it is for the sake of China. Getting a gun is not as easy as signing an invoice after receiving a weapon.” “They say that the work on delivering these weapons is quite complicated. While China has to send personnel for training, Russia also needs to send a lot of technical personnel to put the weapons into service,” Sohu said.

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Post-Russia’s announcement, China has reportedly said that Moscow was forced to make such a decision as it “is worried that the delivery of S-400 missiles at this time will affect the anti-pandemic actions of the People’s Liberation Army and does not want to cause trouble to China.” In 2018, China received the first batch of S-400 missile, a military-diplomatic source told Russia`s TASS news agency. Meanwhile, it should be noted that the suspension comes merely days after Russia had accused China of espionage, despite the two nations sharing considerably good relations over the years. This assertion had come up after Russian authorities had found the president of its St Petersburg Arctic Social Sciences Academy, Valery Mitko handing over classified material to the Chinese intelligence.

Untangling Gender and Sex: Beyond He or She

It’s easy to fictionalize an issue when you’re not aware of the many ways in which you are privileged by it.

– Kate Bornstein

One can imagine many raised eyebrows at the idea of this distinction between sex and gender. Aren’t they the same; two names given to the same phenomenon? Yes, and No.

Yes, because these two terms are often used interchangeably by people at large. No, because thinking of the terms as meaning the same thing is an error. The terms ‘sex’ and ‘gender’ are closely linked, yet they are not synonyms. There is a subtle difference between the two as stated by psychologists and anthropologists across the globe. Today, let us explore how they are different.

The word sex has its root probably in Middle English which means “section” or “divide”. If we go further back, sex means the number six in Latin. On the other hand, the word gender is derived from Middle English which in turn is derived from Old French which is ultimately derived from the Latin word genus. Genus means “kind” or “type” or “sort”.

If we quote from the Medilexicon’s medical dictionary, we find two definitions of sex and gender respectively:

Sex is “the biologic character or quality that distinguishes male and female from one another as expressed by analysis of the person’s gonadal (gonad is an organ in animals that produces gametes, especially a testis or ovary), morphologic (internal and external), chromosomal, and hormonal characteristics.”
Gender is “the category to which an individual is assigned by self or others, on the basis of sex.” To put it in a nutshell, sex refers to biological differences while gender refers to socio-cultural differences. This will become clearer by way of examples. Sex and gender have different characteristics. Some features related to sex are – while males have testicles, females have ovaries; while males have penis; females have vagina, females get pregnant while males do not; females can breastfeed their babies, males cannot; at the time of birth, males tend to weigh more than their female counterparts; generally, males have deeper voices than females.

Some features related to gender are – women have long hair and men short; women contribute more to household chores than men do ; some cultures expect their women to cover their heads when they step out of the house while there is no such injunction for men; up till the twentieth century women were not allowed to vote in a number of countries (UK granted female franchise in 1928) ; some professions, like teaching and nursing, are considered to be more suitable for women while others like, climbing the corporate ladders, are more appropriate for men (women are now breaking these barriers); men are regarded as bread earners and protectors of women in the majority of cultures.

This means while sex is a natural or biological feature, gender means a cultural or learned feature – the set of characteristics that a society or culture defines as masculine or feminine. As stated succinctly by the French writer and feminist, “one is not born a woman, but becomes one”. We can extend this to mean that one is not born a man but becomes one, too.

While a person is born with a sex, gender is dictated by socio-cultural norms in which he or she finds himself or herself. Gender is not about being born with a penis or vagina but how we feel about ourselves, or identify with a particular group, men or women. Some people are transgender which means their gender identity is not aligned with their biological sex. A person born with a man’s body might identify more with women and vice-versa. Sexual identity is about our attraction to people of a particular sex. While it is largely true that opposite sexes attract, people of the same sex also experience attraction and hence terms like gay, lesbian, bisexual.

Needless to say, cultural norms vary and so do the gender roles. For example in India, it is normal for Sikh men to have long locks while in some matriarchal societies in Africa, women are supposed to provide for the family while men take care of the kids and household.

Similarly, the sexual differences among people cannot be categorized into two binary opposites. While females have XX sex chromosomes, men have XY chromosomes. There are some babies who are born with XO chromosomes (Tuner Syndrome) or XXY chromosomes (Klienfelter’s Syndrome). They are intersex which may have sex organs that appear to be somewhat female or male or both. A lot of times surgeries are performed on such babies right after their births so as to assign a particular sex to them. However, psychologists advise that such surgeries should be postponed till the babies grow up and can decide for themselves which sex they identify with more, male or female, and accordingly go for sex change procedures. Otherwise, they may experience an identity crisis which may lead to depression or even suicides.

In our culture, gender education is given to kids on the basis of their sex from an early age. While men are told that they need to be aggressive and not emotional (men don’t cry), women are told that they have to be feminine (don’t laugh loudly, learn how to cook, don’t study too much else who will marry you). However, such roles can prove to be a disadvantage for both male and female. What about those men who are fragile? Or those women who do not want to marry and bear children but to make a career? Hence, it is stands to reason that such choices should be granted to different sexes irrespective of the expected gender roles in order to ensure the fullest developments of their personalities in accordance with their innate abilities or desires.

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In a nutshell, sex is what lies beyond your legs. Gender is what lies between your ears.

Trigger Warnings

Trigger Warnings (TW) are labels that we are well-acquainted with today. The term comes from the vocabulary of therapy especially for PTSD, where an individual who has undergone trauma is ‘triggered’ by something that they come across, creating a negative emotional response. It has been extrapolated into mainstream discourse as a measure to help in such situations. ‘Trigger warning’ is meant to be used before content that some may find distressing or triggering owing to their past traumas or experiences. It appears widely on social media platforms, spaces of activism, and even in classrooms to alert students about potentially distressing images or texts that may come up in class. These can include images such as those of violence or mutilation, discussions or descriptions of instances relating to racism, sexism, misogyny, discrimination, rape, murder, etc. , or any topic that is connected to traumas. Trigger warnings acknowledge the existence of trauma and give them legitimacy, allowing individuals to mentally prepare themselves should the content be triggering.

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Photo by Viajero on Pexels.com

However, a careful understanding of the dynamics of trigger warnings is worth looking into in the current scenario since the term is a pointer towards a much larger framework of engagement. Particularly when cancel culture is in vogue and anyone who speaks against anything that is not agreed upon by those who control that space is “cancelled”, labeling what others say as ‘triggering’ can be used as a weapon to attack anyone who might disagree. It is important to note that this is not about legitimate concerns and harm inflicted, but about those who use such labels as a defense to escape accountability or use activism as a facade for their own ends. While there are always individuals whose experiences have made their apprehension of such content extremely difficult, there seems to be an increasing proclivity towards considering being triggered as providing legitimacy, especially if one’s voice is to be heard. A Harvard researcher opines that it only encourages people to see trauma as central to their identity. However, that is not healthy for them. There can come a point when any opinion that might be against or even deviant from the popular discourse among a certain group be considered “triggering”. It can be used to permit behaviors that focus on destroying rather than constructively criticizing. Mindful responses are given away in favor of immediate reactions, creating echo chambers where no one who might disagree is allowed to enter. This only leads to the deterioration of any movement or cause, since it effectively cuts off all engagement with another.

It is also important to understand that while we may be able to move away by seeing the label TW, there is someone, and often a group of people, for whom what we move away from seeing is their everyday lived reality. It is our privilege, to an extent, that lets us walk away. While we should not discount our mental states, we should not promote avoidance as a coping mechanism. Adoption of trigger warnings itself has been questioned by academicians who opine that it only leads to lower levels of resistance and consequently, a decreasing capacity to engage or bring change. It is interesting that therapy for those who have experienced trauma does not go the way of avoiding all triggers, but gradually increasing exposure to them under the guidance of an expert. Only then can we say that the person is on the road to healing. This is a difficult process but considered necessary. Otherwise, the patient will be a victim of the experience all through their lives. And a growing of body of research suggests that trigger warnings do not really help a person who faces such struggles. In fact, it might even have the opposite effect by making him weaker and more sensitive to anything that could potentially cause distress. Seeing TW itself can instinctively cause a negative reaction. This will also render him incapable of adequate response when he might be faced with such a situation in real life without any warning. Avoidance does not help with learning nor with the skills to properly respond. Being fragile in such respects is not something to be aspired to, but something to be dealt with gently for those who are struggling, and to be overcome with support and care.

So, while trigger warnings are useful, the manner in which we think about them might need to change. They should not be an excuse to leave every single time, but more of a “proceed with caution” sign. They should exist as a marker that reminds us of the need for change, and an opportunity to be mindful of how we engage with the content that is presented to us. We might not be able to deal well with all content overnight, but gradually we will be able to not leave the space but stay and meaningfully act in spite of our discomfort, and to provide encouragement to those facing similar struggles. It will also allow us to be better allies to those the mention of whose experiences we find triggering. Our mental health is important, but strength can be built over time with exposure, and we should consider if we are to privilege how something makes us feel over how that something is a lived reality that is affecting lives on the ground, and what we can do about it.

A Lost and Found Case

Twenty years, 10 months and two weeks after her daughter vanished, Cynthia Haag was inside the row house she refused to abandon – lest her missing child come back – when her phone started to ring. Her other daughter was on the line, saying she’d just gotten an unexpected message on Facebook.

It was from Crystal. The long-lost child.

Haag steeled herself for yet another disappointment. But when she saw the Facebook profile picture later that day in March last year, she knew immediately. Same white straight teeth. Same crinkled eyes. Same luminous smile. The daughter whom she’d last seen as a 14-year-old girl: now a mature adult.

Questions started tumbling in her mind. Why did Crystal leave? Where had she been? Why had she come back? And, most basic of all, was she OK?

Within a half-hour, Haag’s older daughter, Bianca Davis, was in the car, driving north to New York City, where Crystal was living north of Harlem. Late that night, after word had spread throughout the West Baltimore neighborhood, and the house had filled with people, Crystal finally appeared.

Her hair was now short. She spoke Spanish somehow. And she was no longer Crystal Haag, who would have been 35, but had adopted the alias of Crystal Saunders, who was 44. In that moment, however, none of those changes mattered.

“Still my pretty girl,” Cynthia said, hugging her.

Her missing daughter was finally home, but the hard part was just beginning.

‘I cried every day’

Roughly half a million children are reported missing every year, the vast majority of whom are soon found or return. For a small number, however, it can take months before they’re with their families again, and for a smaller number still, it can take up to a year, possibly even two. But it’s extraordinarily rare that a missing child who eventually comes back is away for as long as Crystal. Between 2011 and 2016, only 56 children were gone longer than 20 years and returned, according to a report by the National Center for Missing & Exploited Children.

There’s a conventional narrative to how these reunions play out – with tears and hugs and the promise of a new and happier beginning. “The fairy tale ending,” is how Meaghan Good, the curator of The Charley Project, a database of the long-term missing, described it. But in many cases, experts say, the situation is significantly more complicated.

“It’s not as simple as being found and restarting your life,” said Robert Lowery, an official with the National Center for Missing & Exploited Children who edited its report on long-term missing children. “There are feelings on both sides that they’ll have to reconcile, but that takes a lot of time and patience and understanding.”

The longer someone is gone, the more difficult that can become.

Lori Peterson, 60, a mother in Colorado Springs, Colorado, learned that a decade ago when her son, Derek, reappeared after four years. A troubled teen who ran away from a residential treatment facility at age 16, he’d spent much of the four years either homeless or living on the other side of the country, in North Carolina. Meanwhile, back in Colorado Springs, Peterson deteriorated. Convinced he was dead, the family started doing DNA tests to see if he matched any cadavers. “I cried every day on the way to work, and then cried all the way home,” she said.

Then for him to suddenly come back, after everything they’d been through, after they’d held a candle service to finally put him to rest? It was at first challenging to forgive him. And in some ways, the damage was irreversible. “It’s not really a mother-son relationship,” Peterson said of her bond with her son. “I missed those years of him going from a teenager to a man, and there are things I don’t know about him.”

The majority of kids who go missing are runaways like her son. But not all who vanish had behavioural issues. Some simply disappear without their family having any indication of why. Some are like Crystal.

Had she been abducted?

It was April 26, 1997, a Saturday. Cynthia was working as a cashier at the local grocery store. She wasn’t making much in those days, just a few bucks per hour, but felt proud that food was always on the table and her children had clean clothing. She was busy all of the time, working and parenting, but she was making it as a single mom.

That morning, she looked up at work to see 14-year-old Crystal, her fourth child, smiling as usual. Cynthia knew her as a burst of light – “a sweet girl” who won an award in the fifth grade for always complimenting others, who liked school, and who got along with everyone, classmates and three siblings included.

Crystal got some milk and cereal, and came over to her mom. “Stay around the house today,” Cynthia recalls saying, and her daughter said she would. That was the last time she saw her for 21 years. In the first few hours after Cynthia returned home and found Crystal was gone, she called friends, relatives, anyone who might know where Crystal was before finally contacting the police.Her mind ran through possibilities. Had she been abducted? Did she run away? She refused – then and later – to think that her daughter had been killed or had somehow died.

From then on, she looked for Crystal in the face of every brown-haired girl. One day, she was going down Baltimore Street in the back of a taxi, and thought she saw her outside one of the clubs, on the sidewalk, but by the time she ran over, the girl was gone. Another time, there she was again, this time on the back of a bus, pulling away, to who knew where.

“She always wore a baseball cap,” Cynthia said. But that clue wasn’t enough to find her. Cynthia stopped celebrating Christmas – it just seemed wrong without Crystal – and years went by, with intermittent Baltimore police reports charting the passage of time:

April 29, 1997: “Crystal Haag has not returned.”

Aug. 19, 1999: “Investigation continues.”

May 3, 2006: “Crystal’s case is still open.”

Sep. 20, 2010: “All efforts to locate [her] have been exhausted.”

A new identity

Crystal remembers those years differently than her mother. She said she barely got along with her siblings. She said she sneaked out all of the time. And she said she was not the happy kid her mother recalled. In fact, she was so miserable and so scared that the only plan that made sense to her was to escape.

When she was 9, she recalled, a neighbour began sexually assaulting her, and for the next few years, it happened so much that it seemed to be almost normal. She never told anyone about it, but when she became a teenager, she began to suspect there wasn’t anything normal about it. The abuse by then had gone on for so long that, she said, she’d begun to think her mother had to have known – a suspicion that solidified into belief. Her mother called it ridiculous and untrue. “What kind of mother would do that?” Cynthia said.

After getting her milk and cereal from the grocery store that spring Saturday in 1997, Crystal did not stay at home as her mother had requested. She went to hang out with friends for hours. She knew her mother would be mad, so decided to stay out even longer. “And then it was 12 [a.m.], and I wasn’t going back,” she said.

She boarded a bus to New York, she said, and recalls walking the streets of the city as morning broke, seeing Statue of Liberty license plates. She didn’t have anything with her, but remembers feeling little fear. Those first few nights, she slept outside, homeless, until she made it up to Upper Manhattan, where she introduced the world to a new person: Crystal Saunders, a 23-year-old woman, though she now doesn’t remember why she chose that name.

Soon she was cleaning houses and apartments, living in a heavily Dominican neighborhood, pregnant with her first child by a local man and equipped with a fake drivers’ license. Later, she said, she even acquired a Medicaid card, which for pregnant women in New York City is relatively easy to obtain without official documentation.

The new identity at first was easy to remember, she said, because she had changed only small details. The last name. The age – believable because she looked so much older than she was. As for her family? She told people she didn’t have one, and often they didn’t press the issue. “It’s not a rare thing to not have a family,” she said.

But over time, as Crystal learned fluent Spanish, birthed four children, immersed herself in the Dominican community and even adopted new relatives – people she referred to as “grandpa,” “grandma” and “cousin” on social media – she didn’t have to remember anymore. Her new identity had subsumed the old.

And so on Jan. 29, 2014, the date Crystal actually turned 31, she posted an image on Instagram. It showed her holding a birthday cake. “Happy 40th to me!!!!!!” wrote Crystal, who was by then working in the food industry.

“We have seen this before,” said Lowery of the National Center for Missing & Exploited Children. “Some of these kids don’t want to be found, and they assume new identities.”

In the national records database, Nexis, Crystal Marie Saunders, now 45, is a fully-realized person, with a list of New York addresses, a 2010 lien against her in the amount of $1,282, and a felony conviction for criminal sale of a controlled substance. But for Crystal Marie Haag: nothing.

‘I just want to love her’

When her oldest child, Bryan, now 20, reached his late teens, he started asking questions. Where was her family? Everyone has at least some family, he said. At first she didn’t tell him what she’d been doing regularly since Facebook came into existence: furtively checking in on her family back in Baltimore.

She badly wanted to reach out to them and often thought of Cynthia. But she was terrified to contact her relatives, ashamed by what she’d put them through. Only after her son started urging her did she write her sister, Bianca. And then it all happened so fast. Bianca was coming to get her. Crystal was walking through the door of a home she’d left 21 years ago. And Cynthia was so overjoyed to see her – even asking Crystal to sleep in her bed that night – that Crystal decided to stay.

The joy at the reunion, however, soon gave way to uncertainty, even resentment.

Crystal: “She treats me like a child … but I have kids myself.”

Cynthia: “It’s like meeting a whole new person. She leaves as a child, and comes back as a grown adult.”

Crystal: “It’s been very difficult, and sometimes it’s easier to just stay away.”

Cynthia: “I just want to love her.”

But in addition to that, Cynthia had to know why she had left for so long. Crystal, after equivocating for months, finally came out with it. She’d been raped continuously as a child. And she’d thought that Cynthia had known.

Cynthia said she was shocked. She said she’d had no idea that had happened, but no matter how many times she says it, Crystal said she still isn’t certain it’s the truth. She loves her mother – that’s why she came home, why she wondered about her for so many years – but there are so many issues weighing down their relationship that it seems stuck at times.

Still, both keep trying, as months go by, 2018 turning to 2019. Crystal these days lives with an aunt in the same neighbourhood, and often sees her mother, who’s on disability. They’re in each other’s lives, each wanting more. “I just wish we were a bit closer,” said Cynthia, now 61.

But it’s a start. It’s also the end of something else: With her daughter back home, Cynthia will finally move out of the house that she’d refused to leave all of these years.

“Within the next year,” she said. “I’m gone. It’s time to go.”

International Tiger Day

“Let us keep the tigers in jungles & not in history, save tigers”

Global Tiger Day, often called International Tiger Day, is an annual celebration to raise awareness for tiger conservation, held annually on 29 July. It was created in 2010 at the Saint Petersburg Tiger Summit. In the summit, governments of tiger-populated countries vowed to double the tiger population by 2022. Almost a decade has passed since then. The goal of the day is to promote a global system for protecting the natural habitats of tigers and to raise public awareness and support for tiger conservation issues. According to the WWF experts Darren Grover,  the world had lost around 97 percent of wild tigers in the last 100 years. Currently, only 3,000 tigers are left alive compared to around 100,000 Tiger a century ago.  Many international organizations, including the World Wildlife Fund (WWF), the International Fund for Animal Welfare (IFAW), and Smithsonian Conservation Biology Institute (SCBI), are also involved in the conservation of the wild tigers.

“The roar is rare.”

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The awe-inspiring tiger is one of the most iconic animals on Earth. The tiger population across the world dropped sharply since the beginning of the 20th century but now for the first time in conservation history, their numbers are on the rise. Union Minister for Environment, Forests and Climate Change, Prakash Javadekar, on Tuesday, released the detailed Status of Tigers Report 2018. According to the report, released on the eve of Global Tiger Day, tigers were observed to be increasing at a rate of 6 percent per annum in India from 2006 to 2018. In good news for India, Environment Minister, Prakash Javadekar on Tuesday said, the country “has 70 percent of world’s tiger population”, after releasing a report on tiger census ahead of International Tiger Day on July 29.

There are a number of different issues that tigers all around the world face. There are a number of threats that are driving tigers close to extinction, and we can do our bit to make sure that we do not lose these incredible creatures. Some of the threats that tigers face include poaching, conflict with humans, and habitat loss.  Poaching and the illegal trade industry is a very worrying one. This is the biggest threat that wild tigers face. Demand for tiger bone, skin, and other body parts is leading to poaching and trafficking. This is having a monumental impact on the sub-populations of tigers, resulting in localized extinctions. We often see tiger skins being used in home decor. Moreover, bones are used for medicines and tonics. This has seen illegal criminal syndicates get involved in the tiger trade in order to make huge profits. It really is a worrying industry. In fact, it is thought to be worth 10 billion dollars per annum in the United States alone. This is why we need to support charities and work hard to put an end to poaching and the illegal trade of tiger parts. While this represents the biggest threats to tigers, there are a number of other threats as well. This includes habitat loss. Throughout the world, tiger habitats have reduced because of access routes, human settlements, timber logging, plantations, and agriculture. In fact, only around seven percent of the historical range of a tiger is still intact today. That is an incredibly small and worrying amount. This can increase the number of conflicts between tigers, as they roman about and try to locate new habitats. Not only this, but genetic diversity can reduce because it can cause there to be inbreeding in small populations.

Since the tiger is an “umbrella species”, its conservation enables the conservation of their entire ecosystems. Several studies have shown that Tiger reserves harbor new species, which are found practically every year. Tiger reserves have also improved the water regimes in regions where they are located, improving groundwater tables and other water bodies, thus contributing favorably to the climate. This year marks the tenth International Tiger Day. On International Tiger Day, several countries discuss issues related to tiger conservation and also try to amass funds for wildlife preservation. Moreover, many celebrities also pitch in for International Tiger Day and try to spread awareness about the conditions of tigers using their massive social media presence. India is especially important for International Tiger Day 2020 as the country currently has 75% of all tigers on the planet. A lot of people are not aware of these threats, and so spreading the knowledge can help to make sure that we all do our bit to ensure that the tiger’s future is a fruitful one. There will be a lot of videos, infographics, and interesting pieces of content going around that you can share with others.

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“Tiger is a symbol of Beauty, Bravery, Strength and Nationality. So Save the Tiger, Save the Nation’s Pride.”

INDIAN EPIDEMIC ACT

The novel coronavirus has focused all attention to our countries public healthcare and how our country is handling this crisis. The Indian legal system already has an act called the Indian epidemic act, an act in the constitution that states how a country will handle the crisis and foreseeable public health care needs. First India has two acts that prepare our country to face disasters. The first act is the disaster management act of 2005 and the Indian epidemic act 1897. These two acts were enacted when the COVID-19 outbreak hit India.


The Indian epidemic act was first made in the British rule when the bubonic plague hit the town of Mandvi in the Bombay presidency. The disease spread at a higher pace because Mandvi was a densely populated place and kept on increasing due to the inflow of people to the city. Seeing this, the queen and the British government enacted the Indian Epidemic act of 1897. It aimed to curb to spread of the infection in the city. The act has 4 parts where it explains the provision of the act which has been amended from time to time. This act gives the central and the state government power amidst an outbreak of a dangerous disease to enact laws because the ordinary law isn’t equipped to deal with the outbreak disease. The government is allowed to make temporary regulations that can prevent further increase of infection of the disease and punish those who violate the regulations. The act permits the government state and central to inspect citizens who are travelling and to distinguish and separate or segregate those who may have been infected. It also powers the government to inspect and hold ships that are leaving and coming to India. The section 2 and 2A of the Act also prescribes the punishment which is the same as sec 188 of the Indian penal code, the persons who are charged with violating the act can spend up to 6 months in jail and a 1000 rupee fine. Section 4 of the act protects government officials from any prosecution on good faith.
The Central government passed another ordinance which is called as The Indian Epidemic Ordinance which allowed the act to be amended and provisions added to punish those who attack or harm doctors or health care professionals. Those guilty can spend up to 7 years in jail and all cases must be resolved within a year. The offence is non-bailable.

State governments formulated its ordinances specific to tackle state-specific problems. The outbreak also brought out problems of its own, medical health care workers were attacked, migrant workers were stranded without proper provisions for food or shelter. The sudden lockdown affected everyone. The already poor conditions of the workers are aggravated by the lockdown. India needs to update the act. This act is 123 years old. The act itself has colonial baggage. It needs to be amended to fit contemporary India. It also needs to be more stringent and tough. With a fragile and underfunded public healthcare system and a complex and old legal system, we must stay vigilant to get through this pandemic.

What is to be done when the Cheque is bounced?

Cheque is an instrument to transfer the money from one person to another. Cheque is safe and secure. To promote cheques and people should trust the simple mechanism of cheque and many people should use it effectively without any doubt in their mind so the Government in the year 1988 have introduced a chapter in Negotiable instrument Act, 1881 which deals about dishonour of cheques. As per Negotiable Instrument Act section 138 to section 143 deals with the provision of dishonour of cheques

Problems in Dishonour of Cheques

1. Penalty

If a cheque is bounced, then a penalty is levied on both drawer and payee by their respective banks. The person will additionally have to pay late payment charges if the dishounoured cheque is against repayment of a loan.

2. Damage To Credit History

Your credit history is negatively impacted if a cheque is dishonoured since your payment activities are reported to the credit bureaus by the financial institutions. The lenders will trust you if you have a good credit score. In order to have a good credit score, it’s a good practice to avoid your cheques from being bounced. Your good payment activities will help you build good CIBIL score and benefit you at the time of lending money from financial institutions.

Important terms which is used by Bank in relation to Cheques :

  1. Drawer -the maker of a bill of exchange or cheque is called the “drawer”
  2. Drawee- the person thereby directed to pay is called the “drawee”.
  3. Cheque Return Memo – the bank offer memo to the payee indicating the reason why the cheque id dishonoured.   

Reason why Cheque is bounced :

  1. Insufficient Funds
  2. Closed account
  3. Stop payment

Let’s take a hypothetical situation to understand it completely in a very simple way :

Mr. Atul draws a cheque in the name of Ms. Ria of Rs. 5,000/-. Here Ms. Ria is a drawee and Mr. Atul is drawer. Ms. Ria deposited the cheque in the bank. The cheque got bounced i.e the cheque is dishonoured.

After dispositing the cheque Ms. Ria came to know about the dishonouring of cheque in 2-3 days. Then the bank will issue Cheque return memo.

As the cheque return memo is received by Ms. Ria within 1 month she needs to send a legal notice to Mr. Atul. But also if Ms. Ria and Mr. Atul are friends Ms. Ria knows the actual problem for dishonour of cheque then she has two options

  • She can call Mr. Atul and ask for the reason and ask him when she can again deposit the cheque. If their will be a genuine problem or based on their understanding Ms. Ria deposit the cheque again and then the cheque is honoured.
  • (ii) Ms. Ria can send a legal notice to Mr. Atul. She should mention the cheque is dishonoured, she should mention Mr. Atul should process the amount within 15 days from when the notice is received. Then to after 15 days no amount is being processed and no reply of legal notice is received by Ms. Ria then from 16th day her cause of action has started now within 1 month Ms. Ria will file a case against Mr. Atul under Negotiable Instrument Act 1881

Ms. Ria can file the case under sec 138 of Negotiable Instrument Act for dishonour of cheque. Ms. Ria can file the case with Judicial Magistrate 1st Class (JMFC) or Metropolitan Magistrate.

Documents which is to be furnished at the time of case :

  • Copy of Original Cheque
  • Cheque Return Memo
  • Copy of Legal Notice
  • Postal Receipt of the Legal Notice.

Punishments :

In accordance with section 138 of this act, dishonour of cheque is a criminal offence and is punishable with monetary penalty or imprisonment up to 2 years or both.

Latest amendments in the Act:

The Act has been amended time to time to ensure and enhance trust in negotiable instruments. With an aim to further streamline the Act, the Central Government incorporated Sections 143-A and 148 vide Negotiable Instruments (Amendment) Act, 2018 (“Amended Act”). These new sets of provisions have been effective since 1st September 2018.

  • Section 143A of the Amended Act

Section 143-A of the Amended Act empowers any court while trying an offence for dishonour of a cheque to direct the drawer, who is the issuer of the cheque, to pay interim compensation to the complainant. The amount of compensation payable cannot exceed 20% of the amount as stated in the cheque. This amount has to be paid within a stipulated time period of 60 days from the date of the order passed by the court, or further within the extended period of 30 days, as may be directed by the court on showing sufficient cause for the delay caused.

  • Section 148 of the Amended Act

According to the Amended Act, Section 148 states that in the event of the conviction of the drawer of the cheque, if the drawer proceeds to file an appeal, the appellant court has the power to order the drawer of a cheque to deposit an amount. This deposited amount in such case has to be a minimum of 20% of the fine or compensation awarded by the Magistrate Court in the appeal preferred against his/her conviction. However, if the appellant is acquitted, then the Court shall direct the complainant to repay to the appellant the amount so released, with interest.

CAVEAT

The term “caveat” has been derived from Latin which means “beware”. According to the dictionary meaning, “a caveat is an entry made in the books of the offices of a registry or Court to prevent a certain step being taken without previous notice to the person entering the caveat”. In other words, a caveat is a caution or warning given by a party to the court not to take any action or grant any relief to the applicant without notice given to the party lodging the caveat. It is very common in testamentary proceedings. It is a precautionary measure taken against the grant of probate or letters of administration, as the case may be, by the person lodging the caveat. Section 148-A of the Code of Civil Procedure provides for lodging of a caveat.

Section 148-A

Section 148-A, as inserted by the Amendment Act, 1976 is a salutary provision. It read as under:

  1. Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court , any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
  2. Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).
  3. Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.
  4. Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveators expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.
  5. Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

Object

The underlying object of a caveat is twofold: firstly, to safeguard the interest of a person against an order that may be passed on an application filed b a party in a suit or proceeding instituted or about to be instituted. Such a person lodging a caveat may not be a necessary party to such an application, he may be affected by an order that may be passed on such application. This section affords an opportunity to such party of being heard before an ex parte order is made. Secondly, to avoid multiplicity of proceedings. In the absence of such a provision, a person who is not a party to such an application and is adversely affected by the order has to be taken appropriate legal proceedings to get rid of such order.

The provision related to the caveat would be applicable to suits, appeals as well as other proceedings under the code or under other enactments. It is no doubt true that no order should be passed against the caveator unless he is heard, but if the caveator is not present at the time of hearing of the application and the Court finds that there is a prima facie case in favour of the applicant, ad interim relief can be granted by the Court in his favour. Interim order passed without giving notice to the caveator is not without jurisdiction and is operative till it is set aside in appropriate proceedings.

Who may File?

Sub-section (1) of Section 148-A prescribes qualifications for the person who intends to lodge a caveat. He must be a person claiming a right to appear before the Court on the hearing of the application, which the applicant might move for the grant of interim relief. The language of Sub-section (1) of Section 148-A is wide enough to include not only a necessary party, but even a proper party. Hence, a caveat may be filed by any person who is going to be affected by an interim order likely to be passed on an application which is expected to be made in a suit or proceeding institute or about to be institute in a Court. Thus, a person who is a stranger to the proceeding cannot lodge a caveat. Likewise, a person supporting the application for interim relief made by the applicant also cannot file a caveat.

Rights and Duties

Sub-section (2), (3) and (4) of Section 148-A prescribe the rights and duties of the caveator who lodges a caveat, of the applicant who intend to obtain an interim order and of the Court.

Under Sub-section (2) of Section 148-A, once a party is admitted to the status of a caveator, he is clothed with certain rights and duties. It is his duty to serve a notice of the caveat lodged by him by registered post on the person o persons by whom an application against the caveator for an interim order has been or is expected to be made.

Sub-section (4) of Section 148-A provides that is the duty of the applicant to furnish to the caveator forthwith at the caveator’s expense a copy of the application made by him along with the copies of papers and and documents on which he relies. This provision thus makes it obligatory for the applicant to serve his application along with all copies and documents filed or intended to be filed in support of this application.

Once a caveat had been lodged, under Sub-section (3), it is duty of the Court to issue a notice of that application on the caveat. This duty has been cast on the Court obviously for the purpose of enabling the caveator to appear and oppose the granting of an interim relief in favour of the applicant.

World Hepatitis Day

On World Hepatitis Day, let us put an end to all forms of discrimination that is meted out to people suffereing from hepatitis.

 

World Hepatitis Day, observed on July 28 every year, aims to raise global awareness of hepatitis — a group of infectious diseases known as Hepatitis A, B, C, D, and E — and encourage prevention, diagnosis, and treatment. Hepatitis affects hundreds of millions of people worldwide, causing acute and chronic disease and killing close to 1.34 million people every year. Hepatitis causes liver diseases and can also kill a person. World Hepatitis Day is one of eight official global public health campaigns marked by the World Health Organization (WHO).

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WHO keeps this year’s theme is “Hepatitis-free future,” with a strong focus on preventing hepatitis B among mothers and newborns. On 28 July, WHO will publish new recommendations on the prevention of mother-to-child transmission of the virus. HBV can be prevented among newborns through the use of a safe and effective vaccine. WHO is calling on all countries to work together to eliminate viral hepatitis as a public health threat by 2030.

Significance of the theme

WHO says, “A hepatitis-free future is achievable with a united effort.”

With 2020’s theme for World Hepatitis Day being “Hepatitis-free future”, it becomes all the more crucial to know about the nature, prevention, and treatment of these viral illnesses. Hepatitis A and E are usually self-limited infections and comparatively not as severe as the other types. Hepatitis B and C are the leading causes of hepatitis-related deaths and can lead to serious conditions and cause long-term liver damage like liver cirrhosis, acute on chronic liver failure, liver cancer, or even death. Hepatitis D usually occurs in conjunction with Hepatitis B. Hepatitis B and C especially pose a serious threat to India as suggested by the numbers.

Once diagnosed, the course of treatment is based on whether the infection is acute or chronic. In the current scenario, it is vital to get a test and have the medications started, as those with pre-existing health conditions are at a higher risk of contracting the COVID-19 virus. Increased awareness through campaigns, initiatives, and discussions will help spread information as well as reduce the stigma about the disease. Awareness will also enable access to testing, ultimately resulting in early diagnosis.

WHO mentions the following points in dealing with the situation:

  1. PREVENT infection among newborns.  All newborns should be vaccinated against hepatitis B at birth, followed by at least 2 additional doses.
  2. STOP TRANSMISSION from MOTHER to CHILD. All pregnant women should be routinely tested for hepatitis B, HIV, and syphilis and receive treatment if needed.
  3. LEAVE NO ONE BEHIND. Everyone should have access to hepatitis prevention, testing, and treatment services, including people who inject drugs, people in prisons, migrants, and other highly-affected populations.
  4. EXPAND access to testing and treatment. Timely testing and treatment of viral hepatitis can prevent liver cancer and other severe liver diseases.
  5. MAINTAIN essential hepatitis services during COVID-19. Prevention and care services for hepatitis – such as infant immunization, harm reduction services, and continuous treatment of chronic hepatitis B – are essential even during the pandemic.

Education of the masses is the way forward to find these missing millions and ensuring that they receive proper treatment and care. Only then, it is possible to drastically reduce the number of patients who would suffer from these diseases and eliminate the risk of the virus and achieve the dream of “Hepatitis-free” India.

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Let us learn to protect ourselves from Hepatitis diseases on World Hepatitis Day.

 

Staying fit in lockdown

Corona virus disease which was first identified at Wuhan, China has caused a massive spread all over the world as because this is an infectious ailment, our country has adopted the method of Lockdown to tame down the vulnerable situation of Covid 19. This circumstance is becoming a lot more serious over the days when Corona virus is creating a dreadful impact worldwide. Lockdown basically is a very effective process to ensures the security of people by isolating the positive cases. Government has taken up this solution to break the chain of Corona Virus. Lockdown will help in the reduction of death rate as face to face interactions nowadays is to be avoided. The policy of staying separated from one another is also known as Quarantining oneself. This is relatively a new term which signifies that people should not get much exposed to the contagious disease. World Health Organizations has termed Covid 19 as a Pandemic. Hence, all the other places like Shopping malls, Cinema Halls, Restaurants which provided entertainment to the common folks after a strenuous busy day have been closed down. Also, school, colleges, universities has declared to be shut off till the Graph of Covid spread goes down. Hence it is much crucial for all of us to take proper measures and precautions to protect ourselves at this time. Usage of Masks and Sanitizers has become compulsory as declared by the Government which is undeniable and is the best rule to be followed for the protection of every one around, preventing the spread of Virus. Those who are breaking such regulations are to be strictly punished by the cops. Other than that, Few below mentioned steps can be followed for a happy living:-

1) Mental Health of a person needs to be taken care of and known just as we do to the physical Health. Mental Health is not much talked about and not many considers this as a significant issue. This requires serious treatment too. Mental Health is a time span when the afftected one faces a lot of trauma, starts gets negative feelings and lose all hope of living. A large no. of people commits suicide on a regular basis due to depression. If someone seeks help he should be talked to often or will mandatorily attend a psychiatrist. Understanding the depth of such an ailment in India is practically impossible as they don’t know how to communicate regarding this to another. due to this Covid situation Mental Health is getting hampered as because People are social beings, it is a torture of them to caged down for a very long tenure.

2) As because the Gyms are closed, you cannot skip on your exercises. Exercises are a must for your body, it releases stress and motivates you to get back in shape and keeps away ailments. Even a little bit of working out, or running around would help a lot. Exercising is the best way to work on yourself, plank for 30 seconds, arm and leg stretch is indeed a must. If someone has never been to a gym, this is the best time to indulge yourself in working out at home.

3) Talking to family is a very relaxing idea as it takes away all the boredom of your life and opening up to them is essential for your growth. Family is the foremost place which knows you thoroughly and understands you better no matter what. Spend your leisure time by chit chatting with them or playing indoor games like Chess, Ludo, Cards together just like we did in our child hood days. Family bond makes you feel and live much better. Use this ample of time to strengthen your connections, which was previously lost due to shortage of time by getting closer to your family.

4) Eat properly, take proper vitamins and minerals which are prescribed by the doctors globally. Taking medicines time to time is very essential these days. In taking Junk foods are absolutely a big No No for your health right now. Food should be consumed at regular intervals, Seasonal fruits shall be consumed daily for removing body toxins and it also keeps the body hydrated.

5) Many people can start pursuing their lost passions once again, utilizing this time for your benefit is the best option. Hence those who couldn’t earlier manage time to continue with their likings because of the work pressure can restart by cooking new dishes, gardening, painting, singing, dancing, writing e t c. All these are a part of self care which would enhance your skills once again.

6) Children are getting time to spend with their parents which is in turn a boon for them because both the parents work for a lot of time and do not get the scope to speak to their children, also the children spends a lot of time in Schools. After a busy day, no body has the energy to communicate with each other making the child lonely and irritated. Parents must take the initiative to engage the child and watch a movie or t v shows all together or read out a book to them which will increase their moral values and they will become comfortable while exchanging views.

7) Youngsters should help their parents out with household domestic chores which in turn is going to make the difficult and boring work ten times simple. Also, Teenagers should spend time with the grand parents, hear out their stories of experiences which also serves as a healing therapy both ways. Also they can associate themselves with new Learning courses online which will enhance their knowledge.

The practice of Domestic Violence all over India should be stopped immediately as this will hurt both ou and your loved ones.

Job Satisfaction

“Pleasure in the job puts perfection in the work.”

– Aristotle

Job Satisfaction may be defined as the feeling of satisfaction or attitude that an employee has about the job that he or she is performing. It is not a self- satisfaction, happiness but the satisfaction on the job. Job Satisfaction relates to the total relationship between an individual and the employer for which he is paid. There is direct relationship between employee’s job performance and the satisfaction that he or she derives from doing the job. Many research studies have clearly shown that employees who are satisfied have a better attitude towards their jobs and his productivity is significantly higher than less satisfied employees. Hence, it is important that the employees feel a sense of satisfaction with their job or else it might lead to frustration, anger and in some cases depression. Job Satisfaction is also an achievement indicator in career development task. When an employee is satisfied, he or she cares more about the quality of work, they become more commited and loyal towards the work and the organisation, the employee retention rate increases and the employees become more productive which helps in achieving goals of the organisation. A satisfied employee generally have a positive attitude towards his job and company. He or she is proactive, they have a higher level of motivation and they tend to take initiative, they are willing to take more responsibility and establishes better relationship with their colleagues, fellow employees, superiors and subordinates. A satisfied employee shows a positive energy all the time. As we know satisfied employees will stay with the organisation or company for a long-period of time and so for this the organisation must concentrate on removing dissatisfied employees from the workplace inorder to reduce negative energy. Empower the satisfied employees so that they helps in achieving both their own needs and those of the organisation. Job Satisfaction is an attitude that employees have regarding their work and the organisation and it is based on numerous factors which includes both intrinsic and extrinsic to the individual. Job Satisfaction also plays an important role in maintaining and retaining the appropriate employees within the organisation as the company has already invested a lot of money on them. It is a complex and multifaceted concept as a wide range of factors affects the level of job satisfaction. They are individual, social, cultural, organisational and environmental factors. Job Satisfaction is usually linked with motivation as it motivates them to work hard and give their best. Job Satisfaction can be measured in cognitive (evaluative), effective (or emotional) and behavioral components. Job Satisfaction helps in knowing whether employee is satisfied and it is one key metric that can help in determine the overall health of an organisation, that is why many organisations employ regular surveys to measure employee satisfaction and track satisfaction trends over time. A high satisfaction level indicates that employees are happy with how their employers treat them. Job Satisfaction plays a crucial role both for the company and for the employees for many reasons including the following:-

  • Increases Productivity – Job Satisfaction is highly correlated to productivity. If a person is satisfied with his job he will be more productive. A happy and satisfied employees generally work smarter and harder to achieve company goals.
  • Protects Physical Well-Being- Job Satisfaction is directly proportional to physical health and well-being of the employees. An employee who is healthy will adjust himself well in the organisation and to the work and hence tends to contribute more towards the organisation.
  • Decreases Employee Turnover and Absenteeism- A company where there is high employee turnover shows that the organisation provides less satisfaction to its employees and this is the major disorders of company. A high job satisfaction level significantly reduces voluntary separation of employees and thus company is able to retain its talented employees. A higher satisfaction level also has a positive effect on the attendance of the employees. It helps in reducing the rate of absenteeism in the organisation.

So lastly, job satisfaction is really very important for the prestige and goodwill of the organisation.

Animal Cruelty: Are Humans Losing Their Humanity?

Imagine you were the one being tested on, imagine your skin being torn off alive, imagine your arms and legs being ripped off while still alive, imagine being burnt alive, fellow classmates even imagine losing your life, just so you can satisfy other species. Doesn’t sound fun, does it?

Now imagine this, you are a poor soul who has been searching for food everywhere. Suddenly, your happiness sees no bound as you see pineapple lying in front of you. You thank god and people for feeding such a delicacy amidst long hunger. You gulp that in one bite and feel inside of your body hurting and burning. You soon realize it was not just a pineapple. You run for water to soothe down the internal wound and burning. You stand in water for hours in oblivion just to face one reality – that now only death can relieve this burning. If reading this makes your stomach churn, you might understand the pain that poor soul went through which for some people was a mere ‘elephant’. What makes it even more disheartening that the elephant was pregnant  and yet had to spend her last few hours standing in the water waiting for death so that to leave this cruel world in solace.

In yet another instance of cruelty towards animals, a monkey was hanged to death from a tree in Telangana’s Khammam district.

Animals – creatures that are considered fit for human cruelty. Hitting dogs, throwing bricks at speechless animals and taming them forcefully for circuses has become common news now. It is time we re-emphasized the need for animal rights to protect and safeguard their lives from humans.

It’s blood curling that there exist some people who intentionally hurt animals because they enjoy hurting things, or because it makes them feel powerful. Some, love the control they possess over these helpless creatures. While, there are others who simply enjoy pain and violence.

It should be noted that intentional cruelty to animals is strongly correlated with other crimes, including violence against people. (HSLF). Any psychologist or police officer can ascertain you that animal cruelty is a precursor to criminally violent behavior toward humans. There are plenty of laws against cruelty to animals as well. Thus, Outright cruelty, harm to a living creature for no other purpose than the cruelty itself, is definitely prohibited and while not punishable to the extent that human cruelty is punishable, it is considered a serious indicator of a disordered mind and a dangerous person.

There are very strict guidelines laid down by the Indian government. Like, the animal should have rested before being slaughtered, an animal should not be killed in front of the other animals, no pregnant animal can be killed and all the animals should be diagnosed by the veterinarian before butchering them. The veterinarian must allow only the healthy animals to be slaughtered but all of it is on paper. All the strict laws have no strict implementation due to lack of will. There will surely be reduction in the rate of animal cruelty if these laws are implemented strictly!

We need to begin with our own selves without expecting any kind of new policies or laws to protect animals. Regularly keeping a bowl of fresh water outside your house and feeding the street animals. Such small activities would provide street animals with basic survival needs in the harsh city life.

Are we going to realize this any soon that we are a part of an ecosystem where human, plants, animals, insects, and microorganisms, all have to live together without harming each other? It’s generally only the humans that are less tolerant towards animals, plants, insets, etc. whereas, the rest simply seek for a peaceful existence.

Rafael aircraft coming to India from France

The Dassault Rafale is a French twin-engine, canard delta wing, multirole fighter aircraft designed and built by Dassault Aviation. Equipped with a wide range of weapons, the Rafale is intended to perform air supremacy, interdiction, aerial reconnaissance, ground support, in-depth strike, anti-ship strike, and nuclear deterrence missions. Many of the aircraft’s avionics and features, such as direct voice input, the RBE2 AA active electronically scanned array (AESA) radar, were domestically developed and produced for the Rafale program. Originally scheduled to enter service in 1996, the Rafale suffered significant delays due to post-Cold War budget cuts and changes in priorities. The aircraft is available in three main variants: Rafale C single-seat land-based version, Rafale B twin-seat land-based version, and Rafale M single-seat carrier-based version.

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The Rafale is being produced for both the French Air Force and for carrier-based operations in the French Navy. The Rafale has been marketed for export to several countries and was selected for purchase by the Indian Air Force, the Egyptian Air Force, and the Qatar Air Force.  Due to its great capabilities, the first batch of 5 raflaes arrives in India in two days.

On the one hand, when there are neighbors like China and on the other hand, when there are neighboring countries like Pakistan, India needs to work on both its army and the Indian Air Force. In such a situation, 5 Rafale aircraft was given to the Indian Army yesterday. These Rafale aircraft flew from France yesterday and reached the UAE airbase Al Dhafra today. Here their maintenance and refueling work will be done. After this, these fighter aircraft will fly and arrive at Ambala Air Force Base tomorrow. With this aircraft joining the Indian Air Force, the morale of the Indian Army will be greatly elevated. However, the condition of the Airforce is not good right now because there is a shortage of squadron. This thing has been told in many reports. But with Rafael joining the Indian Army, it can play a decisive role in winning a war.

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“You can call them (Rafale) both beauty and the beast,” said Indian Ambassador to France Jawed Ashraf after interacting with the IAF pilots at the airbase before they set off for India. “Delivery of 10 aircraft has been completed on schedule. Five will stay back in France for a training mission. The delivery of all 36 aircraft will be completed on schedule by the end of 2021,” the Indian embassy in Paris said in a statement. India and France signed a Euro 7.87-billion ( ₹59,000 crores approximately) deal on September 23, 2016, for 36 Rafale jets. The IAF official said the air-to-air refueling of the aircraft will be undertaken with dedicated tanker support from the French Air Force. “Our air force pilots tell us that these are extremely swift, nimble, versatile, and very deadly aircraft,” said Ashraf while congratulating the IAF pilots on becoming the first ones to fly one of the world’s most advanced fighter aircraft. The envoy thanked Dassault Aviation, the manufacturer of the aircraft, for delivering the fleet on time, the French government and the French Air Force for extending all required support.

Online Classes During Pandemic

COVID-19 began in the month of December in 2019 and soon it grew into a pandemic, leading to several losses of lives and locking down of many cities. Social distancing became the key to escape out of this problem. But, with this solution came other problems. We are able to follow social distancing by keeping us locked in our houses but this stopped students’ education too. But we can’t just stop everything due to this COVID thing. We need to find an effective solution to continue the education of students. We need to continue the functioning of schools and colleges.

Online Classes

In the times of the internet, the one and the only solution are online classes. The online way to share knowledge and information now is the internet. It has proved to be a real miracle these days, connecting millions and making information access fast and easy. Be it school, college, tuition, or coaching classes, knowledge is now being delivered to students who are sitting at their home and can learn things sitting there only. Students now need a mobile or desktop and fast internet connection to attend their online classes and learn things. It is not possible for a pandemic to stop students from learning.

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How it is a different experience?

This way of learning is totally new to everyone, be it students, be it teachers or be it parents. We were already involved in some small ways of e-learning but a complete shift towards this type of mode is  something new and challenging to everyone. Teachers are continuously involved in finding new ways to make e-learning more interactive and interseting for students. They are continuously evolving their way of teaching and trying to give them a class-type of feeling. Teachers are also learning to adapt with new softwares and explore things. Students are learning how to deal with online homework submissions, doubt-sessions and examinations. But, the problem is that the medium of interaction is always an electronic device. Hence, students are subjected to fatigue and mental stress. They seem irritated and develop body pain sitting still at a particular position holding their phones or laptops. Students are also developing stress on eyes. It is quite difficult for them to adjust with all of these. It seems that this way of teaching costs their health, both mental and physical. Besides this, internet is not available to all the areas of the country and to all the students. Poor students can’t afford high speed data. This method of teaching, is thus, a barrier between poor students and education. It is a harsh truth that they are left behind. We need to work together towards this to make education available to underprivileged students also.

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Aloe vera

Aloe vera is a succulent plant species of the genus Aloe. An evergreen perennial, it originates from the Arabian Peninsula, but grows wild in tropical, semi-tropical, and arid climates around the world. People have used it for thousands of years for healing and softening the skin. Aloe has also long been a folk treatment for many maladies, including constipation and skin disorders. The cosmetic, pharmaceutical, and food industries use aloe vera extensively, and the plant has an estimated annual market value of $13 billion globally. Each leaf contains a slimy tissue that stores water, and this makes the leaves thick. This water filled tissue is the “gel” that people associate with aloe vera products. Like other Aloe species, Aloe vera forms arbuscular mycorrhiza, a symbiosis that allows the plant better access to mineral nutrients in soil.

ANTIOXIDANT

The gel contains most of the beneficial bioactive compounds in the plant, including vitamins, minerals, amino acids, and antioxidants .Aloe vera gel contains powerful antioxidants belonging to a large family of substances known as polyphenols.

SKIN PROBLEMS AND WOUND HEALING

Aloe vera is known for its antibacterial, antiviral, and antiseptic properties. This is part of why it may help heal wounds and treat skin problems. There is some preliminary evidence to suggest that topical aloe vera gel can slow aging of the skin. The United States Pharmacopeia describe aloe vera preparations as a skin protector as early as 1810–1820.

REDUCES CONSTIPATION

Aloe vera may also help treat constipation. This time it is the latex, not the gel, that provides the benefits. The latex is a sticky yellow residue present just under the skin of the leaf. The key compound responsible for this effect is called aloin, or barbaloin, which has well established laxative effects.

LOWERS BLOOD SUGAR LEVEL

People sometimes use aloe vera as a remedy for diabetes. This is because it may enhance insulin sensitivity and help improve blood sugar management.

This plant has gained the Royal Horticultural Society’s Award of Garden Merit.