Day: August 27, 2019

Career options in India


Early Career Options in India

India has been an agriculture-based economy since early days of civilization. Uniqueness of this can be understood from the fact that, while all other civilization did not mind killing and eating animals, Indians from early days insisted on ahimsa and vegetarianism (with exception of course). The reason such a choice was possible for Indians was an excellent climate and abundance of rivers which built one of the most fertile lands in the world. The harvests were bountiful, there was enough for everyone and people did not look much further.

The extraordinary products of agriculture were what attracted the Britisher and other European explorers. But over the 200 years that Britishers ruled and milked this land mercilessly, they managed to destroy what had attracted them in first place. Their preference for certain type of crops, insistence on ruthless taxation irrespective of crop yield disturbed the crop cycle and entire agriculture sector.  The fallout of this was on allied domestic sectors as well. The Britishers eventually left the country, but not before ruining it the worst they could.

Post-Independence Career options

Post-independence, India was lucky to have visionary leadership who believed it was essential to build other sectors like manufacturing, engineering etc. They built education institutions like IITs, NITs, IIMs research/manufacturing institutions like NTPC, BARC, SAIL, DRDO, ISRO, ONGC. Accordingly, the career options started growing. People went for professional courses. Some joined these organizations, some joined private sectors, and things started growing.

One of the biggest gainers from the early investments of government was Engineering colleges and industries. India was left with virtually zero industry by Britishers, so there was lot to be done. The institutions provided opportunities and young students worked their bones to give best into these. No doubt Indian Engineers were regarded as one of the best in the world.

Modern Times

The early institutions were visionary and did great to pick up low hanging fruits. The success of the premier engineering colleges inspired many students to opt for engineering. But there was only so much talent that they could absorb. This created an unemployment problem in the country. Unfortunately, the government did not do much to create newer sectors or newer opportunities. The worse thing, in the long run, was that the problem got almost resolved without much efforts of Government.

In early 1990s, Government had to open up the Indian economy to allow foreign investors to explore Indian markets. The health services had improved by a lot since Independence and consequently, infant mortality rate was down, and life expectancy was up. This led to a population boom in India. The population had almost doubled in the 40 years of Independence. This made India a very attractive market for investors. The flung in like bees. This also brought many job opportunities.
While the government could take some credit for the first sequence of events. The second revolution was more on the side of technology. The computers evolved massively in 1990s and 2000s. This was followed by boom from mobile phones. These technical developments opened up new ventures and so many new job opportunities. Engineering was the dream again.

What lies ahead?

However, the IT sector, like any other can absorb only so much talent. The rising unemployment numbers are worrying for the government as well as academicians. While the government will take its time and thoughts to do bigger changes, we can here highlight the different options that are still not as overloaded as engineering. They promise jobs with stability, good salary and good growth.

In this series of articles, we will be discussing few such sectors- how are they doing now, how is their future and what it takes to be successful in these sectors. Stay Tuned.

Allahabad HC Bans DJs And Passes Directions For Regulating Use Of Loudspeakers

It is most heartening and most refreshing to learn that in a major significant development, the Allahabad High Court has in a latest, landmark and extremely laudable judgment titled Sushil Chandra Srivastava and Another Vs State of UP and Others in Writ – C No. – 1216 of 2019 delivered on August 20, 2019 has very rightly imposed absolute prohibition on use of DJs in the state and asked the state government to issue a toll-free number, dedicated to registering complaints against illegal use of loudspeakers. It will help control noise pollution to a very large extent if implemented in totality! There can be no denying it! This extremely landmark and most laudable judgment was delivered by Allahabad High Court while hearing a public interest litigation filed by advocate Sushil Chandra Srivastava and one more person. 

To start with, this noteworthy judgment authored by Justice Pradeep Kumar Singh Baghel for himself and Justice Pankaj Bhatia first and foremost sets the ball rolling by pointing out that, “This writ proceedings has been instituted by two petitioners who are aggrieved by indiscriminate use of Loudspeaker in a residential area regardless of time.” This grievance is heard time and again from many people living in different places. Those who are weak, sensitive, vulnerable and cannot hear loud noises have to bear the maximum brunt! Why should they suffer for no fault of theirs?
While elaborating further, it is then further pointed out that, “The grievance of the petitioners is that the District administration has installed huge L.C.Ds equipped with amplifiers in the residential area. They are resident of Hashimpur Road, Prayagraj, which is a densely populated area. The L.C.D. starts from 4.00 A.M. till midnight regularly without any break with full sound. The L.C.D. creates sound problem as well as public nuisance in the residential area. It is stated that the mother of petitioner no. 1 is aged about 85 years and she is suffering from multiple age related diseases and the high noise pollution is causing serious problem in her ears and heart. It is further stated that the son of petitioner no. 2 is studying in Class 12th and due to sound pollution he is unable to prepare for the examination. It is stated that in the area there are three hospitals/nursing homes, namely, Yashlok Hospital, Alka Hospital and Astha Clinic. A large number of patients are admitted in these hospital, some of them are suffering from heart and other serious ailments. They are also affected by high noise pollution.” 
Moving on, it is then pointed out in this judgment that, “Learned counsel for the petitioners submitted that authorities have failed to enforce the law and directions issued by the Supreme Court in a series of the decisions. It is stated that similar L.C.Ds and speakers have been installed all over the city which have raised the noise pollution level to an impermissible limit under the Law. It is stated that in spite of the law laid down in the case of NOISE POLLUTION (V), IN RE, 2005 (5) SCC 733 and the statutory rules framed by the Central Government, on account of the inaction on the part of the concerned authority are feeling inconvenience and their health is affected by the noise pollution.”
Going forward, it is then further pointed out that, “It is a pity that administration is not serious in taking any action against those who breach the law and directions of the Supreme Court. In India the people generally do not consider the noise as sort of pollution, hence, most of the people are not fully conscious about the effect of the noise pollution on their health. The Central Government in exercise of its powers conferred by clause (ii) of sub-section (2) of Section 3, sub-section (1) and clause (b) of sub-section (2) of Section 6 and Section 25 of the Environment (Protection) Act, 1986 has made the Noise Pollution (Regulation and Control) Rules, 2000 (for short Noise Pollution Rules) to control of noise producing and generating source. Since noise pollution affects human health, it needs to be stopped immediately.”
Furthermore, while sparing no punches it is then held clearly and categorically that, “Having due regard to the materials on the record, we are constrained to observe that the administration either, appears to be totally oblivious of the law and directions issued by the Supreme Court or there is gross inaction on its part to enforce the statutory rules and the directions of the Supreme Court which are binding upon all the authorities under Article 141 of the Constitution. No valid reasons have been furnished by the authorities for not complying the law.” 
For the sake of brevity, let us now come directly to the crucial part of this highly commendable judgment. It is held clearly, categorically and convincingly that, “In view of the law laid down by the Supreme Court in above case, we deem it our duty to enforce the law laid down by the Supreme Court in the case of Noise pollution and other directions issued by the Court from time to time.”
Most importantly, it is then held by the Allahabad High Court in this extremely laudable judgment that, “In the ultimate analysis we are of the firm view that the law relating to Noise pollution need to be strictly complied with in larger public interest. Accordingly in addition to directions issued by the Supreme Court in NOISE POLLUTION (V), IN RE (supra), we issue the following directions:
(i) The District Magistrate shall give adequate publicity in leading newspapers regarding this direction and Rules, 2000. He shall notify the name of the authority under the Rules, 2000 and his contact number. Detailed notice shall be put up in the offices of Divisional Commissioners, District Magistrates, District Court Premises, Police Stations, Municipal Corporation Offices, Development Authorities Offices and prominent places of the city.
(ii) A toll free number shall be provided to the citizens to make the complaints. If a loudspeaker, public address system, DJ, a Musical Instrument, a sound amplifier or any sound producing instrument is used beyond the permissible limit of sound, a person can make a complaint on telephone number 100 to police or toll free number provided by the authorities. The concerned Police of the area will immediately visit the spot and shall measure the noise level by the equipment (Noise meter application) supplied to it. If it is found that there is violation of Rules, 2000 it will stop the nuisance forthwith and shall inform the appropriate authority regarding complaint and action taken by it. The authority shall take action against offender in terms of Rules 7 of Rules, 2000. The name and identity of the complainant shall not be disclosed to the wrong doer or to any person. Under Rule 7 of Rules, 2000 an oral complaint can be made. The facility shall also be made available to send the complaints by SMS, e-mail and Whatsapp. Anonymous complaint shall also be entertained. All the complaints received by the Police under Rule 7 of Rules, 2000 shall be maintained in a register and a copy thereof shall be forwarded to the competent authority. The action taken shall be recorded by the Police in the register.
(iii) Under the Rules, 2000 no permission for DJ shall be granted by the authority for the reason that noise generated by DJ is unpleasant and obnoxious level. Even if they are operated at the minimum level of the sound it is beyond permissible limits under the Schedule of the Rules, 2000. A DJ is made up of several amplifiers and joint sound emitted by them is more than thousand dB (A). They are serious threat to human health particularly children, senior citizens and patients admitted in the hospitals.
(iv) The team constituted by the District Magistrate shall make regular visit of their area particularly before commencement of any festival and apprise the organizers regarding compliance of the Rules, 2000 and the directions of Supreme Court and this Court.
(v) All places of the worship of all religion shall be bound by the provisions of the Rules, 2000 and directions issued by the Supreme Court and this Court. Any breach of the Rules, 2000 shall be treated to be violation of fundamental right of a citizen.
(vi) The District Magistrate/Senior Superintendent of Police shall convene a meeting before commencement of festivals like Dussehera/Durga Puja, Holi, Shab-e-barat, Muharram, Easter and Christmas festival with organizers and representatives of civil society, to impress upon them to observe the law strictly and in the event of failure the legal consequences that may follow. 
(vii) Whoever fails to comply with or contravenes any of the provisions of Noise Pollution Rules shall be liable for a penalty in terms of Section 15 of the Environment (Protection) Act, 1986. Non-compliance of the rules attracts the imprisonment for a term which may extend to Rs 1,00,000/-. It is the duty of the authorities of the State to ensure that the offences under Section 15 of the Environment Protection Act are duly registered.
(viii) The State Government is directed to categorize the areas in all the cities of State into industrial, commercial, residential or silence areas/zones for the purpose of implementation of the noise standard in terms of Rule 3(2) of Rules, 2000. A fresh exercise be conducted in the light of definition provide under Rule 2 (c) and (f) of Rules, 2000. We find that in Prayagraj the zones have been made in breach of the above mentioned Rules.
(ix) The competent authority under the Rules, 2000 and the SHO/Inspector of concerned Police Station are charged personally with the duty of ensuring compliance of the order of the Supreme Court, extracted above, the Rules, 2000 and this order, failing which they shall be answerable to this Court in contempt jurisdiction. We grant liberty to any aggrieved person to approach this court for appropriate order for compliance of the above order/directions.”
Finally, it is then held that, “A copy of this order be sent to the Chief Secretary, Government of Uttar Pradesh, Lucknow to issue necessary directions to the appropriate authorities accordingly. The compliance report shall be sent to the Registrar General of this Court, who shall place it on the record of this case. The writ petition is allowed in the above terms.”
In the ultimate analysis, it has to be said with a considerable degree of satisfaction that the Allahabad High Court in this landmark case has very rightly issued the requisite directions as enumerated above to contain noise pollution. There is no reason as to why they should not be complied with. Every citizen of India is entitled to lead a life free from noise pollution! This alone explains as to why the Allahabad High Court has spoken out remarkably about the directions to be implemented to ensure that noise pollution is controlled to a large extent! We all saw how just about a month back on July 22 even the Punjab and Haryana High Court in Reet Mohinder Singh Vs State of Punjab and others too passed a similar order to check the unregulated use of loud speakers. Such extremely laudable judgments deserves to be implemented in totality!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

A Legal Luminary And A Political Stalwart Passes Away

I have just no words to express my boundless dismay and dejection on first learning that a great legal luminary and a political stalwart whom we all know by the name of Arun Jaitley has finally left us and left for his heavenly abode on August 24! Earlier we saw how another legal luminary and political stalwart – Sushma Swaraj too similarly left us in this month of August itself! Their space can never be filled up! 

Let me be candid enough to confess that I have never met Arun Jaitley in person but I always enjoyed reading his enlightening and enriching articles in magazines like Uday India apart from newspapers also! It will take some time to come to terms with the stark truth that Arun Jaitley just like Sushma Swaraj too has left us and just like her, he too had expressed his utmost happiness on scrapping Article 370 and Article 35A and ensuring the full and final merger of Jammu and Kashmir with India! The Supreme Court Bar Association too has expressed its deepest condolences on the sad demise of Arun Jaitley just like Sushma Swaraj! 
As we all know, Jaitley had not been keeping good health since quite some time. He had been admitted in All India Institute of Medical Sciences (AIIMS) on August 9 after complaining of uneasiness and breathlessness and was under the care of a multi-disciplinary team of senior doctors. He had been unwell for the past two years. In 2014, he underwent a bariatric surgery to correct the weight that he had gained because of a long-standing diabetic condition. In 2018, he underwent a kidney transplant surgery at AIIMS. Earlier this year, in January, he was diagnosed with a rare form of soft tissue sarcoma which is a form of ancer.
No doubt, his exemplary conduct won him admirers not only from within his party but also across the party lines! He received his LLB degree from Delhi University in 1977. He began practicing law in the Delhi High Court and the Supreme Court in 1987. He was designated a senior lawyer by the Delhi High Court in 1990 when he was just 38 years of age.
It is rightly said that the proof of the pudding is in the eating. The same holds true for Arun Jaitley also! One can gauge his huge potential from this very irrefutable fact that he was appointed the Additional Solicitor General at the age of 37 by the then PM VP Singh even before he was designated a senior lawyer! It cannot be lightly dismissed that it was during his tenure as Additional Solicitor General that he played the key role in putting together the papers leading to the Bofors investigation in 1989. As Additional Solicitor General, Jaitley headed a high-powered team that visited Switzerland and Sweden to unravel the components of payments made to middlemen in the purchase of 158mm howitzer guns. His clients included big political stalwarts like PM Narednra Modi, present Union Home Minister Amit Shah, Sharad Yadav, late Madhavrao Scindia and LK Advani among others. He also represented large corporations like PepsiCo and Coca-Cola.
It also cannot be lightly dismissed that he was appointed Minister of State for I&B and minister of state for disinvestment which was a new ministry then in 1999 when Atal Bihari Vajpayee was the Prime Minister. There was no looking back for him since then! He was elevated to the Cabinet as Union Minister of Law, Justice and Company Affairs after another legal luminary – Ram Jethmalani resigned in 2000. He performed all his task with distinction and vindicated the huge faith posed by the then PM Atal Bihari Vajpayee in him! In 2003, he was appointed as Minister of Commerce and Industry also!
It goes without saying that he played the most instrumental role along with former Goa Chief Minister and ex-Defence Minister – late Manohar Parrikar in forwarding the name of Narendra Modi as Prime Minister at the BJP national executive meet at Goa in 2013 as he felt he was the most popular choice of party workers and asked his followers and leaders also including LK Advani to refrain from projecting him as PM. This alone explains that why PM Narendra Modi too was most upset on hearing the tragic news of his death while on foreign trip to UAE on an official tour and very rightly described him as a “valuable friend” whose insights and nuanced understanding of matters had “very few parallels”. PM Narednra Modi minced no words in candidly admitting that, “With the demise of Arun Jaitley Ji, I have lost a valued friend, whom I have had the honour of knowing for decades.” PM Modi rightly said that, “The former Finance Minister was full of life, blessed with wit, a great sense of humour and charisma.” In a series of tweets, PM Modi also said that, “Mr Jaitley was admired by people across all sections of society, adding that he was multi-faceted, had impeccable knowledge of India’s Constitution, history, public policy, governance and administration.” 
In PM Narendra Modi’s first term as PM, it was mostly Arun Jaitley who mainly handled the key portfolios like Defence and Finance! In 2009, he was chosen as Leader of Opposition in the Rajya Sabha, after which he stopped practicing law. But he continued advising leaders in his private capacity on all legal issues! Even senior and eminent lawyers from other parties like Kapil Sibal who too is a renowned legal luminary and he too has handled key portfolios of Law, Science and Technology and others just like Arun Jaitley admired the sharp legal acumen of Jaitley and made sure that he accompanied Jaitley in his funeral procession also! This speaks for itself as to how much respect and admiration he commanded cutting across party lines!
Let me say this most bluntly: Those who criticize him for not winning elections and lambast him for not being a mass leader don’t know the ground reality! It is not necessary that only those who win elections are mass leaders! We all know that former PM Manmohan Singh could not win elections due to which some leaders even took jibes at him just like others took jibes at Jaitley but can anyone deny the immense popularity they enjoyed both in the eyes of the common man? Certainly not!
Who does not know that he opposed the Emergency imposed by late Mrs Indira Gandhi tooth and nail and opted to stay in jail for 19 months instead of kowtowing in front of her as she was then the most powerful PM while he was still a student in a college and was about 25 years of age? It was Arun Jaitley who when he was just aged 33 years attracted national limelight when in a 1980 case involving the Indian Express building land on Bahadur Shah Zafar Marg in Delhi he fought the case with brilliance! In the Express case, Arun Jaitley strongly drove home the valid point before the Supreme Court that right to freedom of expression, intrinsic to publication of newspapers needed to be protected from the machination of powerful; and tyrannical forces who were wanting to harass newspapers into submission so that they don’t publish any adverse news which affected their political interests in the longer run! 
It must be also pointed out here that Jaitley won the case for The Indian Express and a portion of the building was saved from being demolished as the Supreme Court on October 7, 1985, struck down as order from the then Lt Governor Jagmohan for alleged violation of floor area ratio (FAR)! In 1998, the President had sent a reference under Article 143 raising questions about the procedure laid down by the Supreme Court for appointment of Judges to the High Courts and the Supreme Court. As we all know, it was this reference which is popularly known as the Third Judges case, which firmly entrenched the collegiums system for the appointment of constitutional court Judges and the Supreme Court opinion very rightly records gracefully the immense contributions of Jaitley which he rendered in this regard! 
One more interesting point also must be mentioned here regarding Jaitley. In the aftermath of 2002 post-Godhra ritos, the then Gujarat Chief Minister Narendra Modi had recommended the dissolution of the State Assembly and the Governor had accepted it. Since the last sitting of the Assembly was on April 3, 2002, and the Constitution did not permit a gap of more than six months between two sittings, polls were required to be held and results were declared before October 3, 2002. But the Election Commission put a spoke in the wheel and expressed its sheer inability to hold free and fair elections prior to October 3, 2002 citing law and order issues which they argued were not conducive for holding elections. The President sent a reference to the Supreme Court. Arun Jaitley argued exceptionally well for his party BJP and the Supreme Court very rightly accepted his logical contention that the Election Commission had to hold polls and ensure that not more than six months lapse between two sittings. The rest is history. The Election Commission had to hold elections and Narendra Modi romped home comfortably to once again become the Chief Minister of Gujarat.
Who does not know that it was sheer legal acumen of Arun Jaitley which saved both Pm Narendra Modi as also Union Home Minister Amit Shah when both faced the wrong end of the stick from CBI pertaining to post-Godhra riots cases and later encounter killing cases as in the case of Sohrabuddin? Who can question that as a senior advocate, Jaitley has left a long list of junior lawyers many of whom have now become senior who have learnt the art of advocacy from him and very rightly owe a lot to him? Who can deny that it was Jaitley who most bravely answered all troubling questions most cheerfully in Parliament for BJP and it is here that his legal skills as lawyer came in extremely handy for him as well as his party? Who can deny that he contributed even in sports while he was President of Delhi and District Cricket Association (DDCA) and eminent former batsmen Virender Sehwag who is also a member of DDCA said rightly while paying his rich tributes that, “He focused on ensuring the best facilities for sportspersons. It was he who initiated the upgrading of Feroz Shah Kotla stadium”? 
On a concluding note, let me say that it was Arun Jaitley who handled everyone with dexterity, calmness and skill that is unparallel! He may have left us physically but the unremitting and unrelenting work which he did just like Sushma Swaraj in various capacities both as a lawyer and as a Union Minister and as a Member of Parliament can never be forgotten by anyone! It was Jaitley who ensured that GST was rolled out and it was his unremitting focus that reshaped the Indian economy! It was in jail that he continued his studies while he as imprisoned during Emergency and still got first division in Law which speaks for itself the immense talent that he had right from the start in his life! 
His immense popularity can be gauged from this that Sonia Gandhi who is UPA Chairperson too expressed her huge grief by saying that, “I am deeply saddened. Jaitley had a long innings as a public figure, Parliamentarian and Minister and his contributions to public life will forever be remembered.” Ram Nath Kovind who is our President too rightly said that, “Shri Arun Jaitley possessed a unique ability of discharging the most onerous responsibility with poise, passion and studied understanding. His passing leaves a huge void in our public life.” May his soul rest in peace!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.