The Need of Career Counselling in Today’s World.

What is counselling?

Counselling is a general process of helping or guiding an individual to solve one’s personal or psychological problems. Counselling is usually done by someone who is a professional in that particular field and knows how to deal with human behavior,their personality and provide right direction to their thoughts. A counsellor is a person whom you can visit anytime when you feel to as the relationship between the visitor and the counsellor is based on and should be based on trust and good moral support, on the other hand the individual’s identity and problems shared stays confidential.

What is Career Counselling?

It is also a process which focuses on helping an individual understanding his own worth as well as the work trends so that the individual can take a better decision about their career and education. Career counselling gradually helps in the time management issues among the students and children and also solve the trust issues and misunderstandings among the parents and children regarding which career to opt.

Why does one need Career Counselling?

Each and everyone of us require guidance at some point in our life as it is tough to make a significant decision. By career counselling we understand our potential and future aspect of our career and how to improve it. Some of the benefits of career counselling are given below.

  • The major benefit of career counselling is that it helps an individual in choosing the right carrier as the counsellors are experts in their field and help to asses an individual’s aptitude,personality,interests and other aspects. By evaluating the results of the source of information which came from the student, the counsellar suggests the best available career options.
  • As the career counselling provides an access to wide range of resources and knowledge which helps the student and parents to choose the right path and option as they might not be familiar to that kind of expert knowledge.
  • Career cousnelling will help the student to understand the difficulties and hurdles which would arise in the path of their career.The extra knowledge that the student achieves through counselling results in the rise in confidence and enthusiasm.
  • Such counselling will help the students in breaking some of their day to day habits which is not required such as procrastinating and not keeping update on the particular field or career. A career counsellor helps in breaking such behavioral patterns and lead to productive environment.
  • In most of the situations it is a difficult task for both the parents and the students in choosing the right career option and leads to frustration. Career counselling provides such a platform where frustrations can be reduced and the focus is redirected towards the best career options.
  • It helps the students in the connecting to the best experts available with enough life experiences and accomplishments. They become role models for the student in most of the cases who serve as an inspiration for the students.

Status of Career Counselling in India.

Career counselling in India may be a huge addressable market as currently India needs a minimum of 1.4 million career counsellors to take care of a globally acceptable student to high school counsellor ratio. While a few national boards have mandated schools to have counsellors, over 93% schools in India don’t have a professional counsellor on board. There is urgent need of career counsellors at the varsity level in India.

The government had done a survey of over 150,000 households across India between April and December of 2015 showed some startling data – a highly educated Indian youth is quite five times as likely to be unemployed as an uneducated one. Nearly 35% of Indian youth who possess graduate degrees and above are unemployed, while relatively uneducated young workers (6.2% unemployment) do far better . This clearly points to the very fact that there’s a significant mismatch between skill building and contemporary jobs. Timely career guidance can help bridge this gap.

That India features a counselling- deficit education sector may be a critical challenge. We have around 1 Lakh professional career counsellors compared to the necessity for 15 lakh career counsellors to cater to 315 million strong student market. Comparing to the US, they have about 2.6 million student counsellors for 56 million students.
Career Counselling is only now beginning to gain the recognition it deserves and is witnessing exponential growth as a profession. While the developed nations have recognized the criticality of career counselling, and a vast number of progressive schools in India are also waking up to the fact, over 90% of Indian schools still don’t have career counsellors and there’s a shortage of nearly 14 Lakh trained career counsellors within the country.

Market size and expected growth for career assessment.

The size of the market for career assessment and guidance is currently estimated at over Rs 5,000 crore in India and growing at a dramatic rate.The Developing economies are increasingly appreciating the impact of career counselling in aligning students with the proper career options and thus contributing towards the nation building with youth icons.

Allahabad HC Grants Wife Guardianship Of Husband In Comatose Condition

It is most refreshing, most pleasing and most heartening to see that in a commendable, courageous and conscious decision, the Allahabad High Court in Uma Mittal & Ors. v. Union of India & Ors in Case – Writ – C No. – 40096 of 2019 delivered just recently on June 15, 2020 has very rightly and remarkably allowed the plea of a wife to be appointed as the guardian of her husband lying in vegetative state even though it conceded that there is no law for appointment of guardians for a person in a comatose state. It also added that the court was obliged in its capacity as a ‘parens patriae’ to do justice to the petitioner. No wonder that this is being very rightly hailed in many newspapers and media! Why on earth should a woman who is a man’s wife be denied this?

                                           To start with, we see that in this latest, landmark and extremely laudable judgment authored by Justice Shashi Kant Gupta for himself and Justice Saurabh Shyam Shamshery, the ball is set rolling in para 1 wherein it is observed that, “The present writ petition has been preferred seeking the following relief:

(a)          issue a writ, order or direction in the nature of mandamus appointing petitioner No. 1, namely Uma Mittal, W/o Sri Sunil Kumar Mittal, as the guardian of her husband to protect his interest, administer bank accounts, investments, proprietorship business, etc. and in the event of necessity, to sell the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses.”  

                                         As it turned out, para 11 then reveals that, “In support of his contention, learned counsel for the petitioner has placed reliance upon the following decisions:-

(I)                         Aruna Ramchandra Shanbaug Vs. Union of India; (2011) 4 SCC 454 (Paras 127 & 131);

(II)                     Shafin Jahan Vs. Asokan KM; (2018) 16 SCC 368 (Paras 45 & 46);

(III)                  Shobha Gopalakrishnan and others Vs. State of Kerala and others; (2019) SCC Online Ker 739 (Para 42 & 43);

(IV)                 Vandana Tyagi Vs. Government of National Capital Territory of Delhi and others; (2020) SCC Online Del 32 (Para 76);

(V)                     Philomena Leo Lobo Vs. Union of India and others; (2017) SCC Online Bom 8836 (Para 6);

(VI)                 Dr. Kuldeep Chand Maria Vs. Union of India & Others; (2016) SCC Online HP 497 (Para 4).”

                                            While dwelling on the Medical Examination Report, it is then pointed out in para 17 that, “A perusal of the said report clearly indicates that on examination, the patient was found in an unconscious state and is not oriented in time or place and was also not responding to any painful stimuli. Patient is also not in a position to recognize the people around him and not in a position to make any signatures or perform any other physical activity. Thus, the husband of Petitioner No. 1 was found in a vegetative state.”

                                              To put things in perspective, it is then envisaged in para 18 which is briefly stated here that, “From a perusal of the record and the submissions made by the learned counsel for the petitioner, it is evident that the husband of the petitioner, SKM is lying in a comatose state. The petitioners have already incurred huge expenses in connection with the treatment and have exhausted their financial resources. They are in a state of despair, abandonment, isolation and are undergoing agony, stress and depression on account of pathetic condition of the victim who is lying in a vegetative state, as such, the petitioners were compelled to approach this Court for appointing the petitioner no. 1, wife of the SKM to be his Guardian submitting that no legislation in India provides for appointment of Guardian for a person lying in comatose state unlike legislation for appointment of Guardians for minor and persons with other disabilities like mental retardation etc. While referring to the judgment passed by Kerala High Court in the case of Shobha Gopalkrishnan (supra), learned counsel for the petitioner has submitted that, while invoking the doctrine of “parens patriae”, the Kerala High Court, has appointed the legal heir of the victim as a guardian, holding that no legislation in India provides for appointment of guardian to a person in a comatose state. The said judgment of Shobha Gopalkrishnan (supra) has been followed by the Delhi High Court in the case of Vandana Tyagi (supra), wherein discussions in this regard have been made from Paragraphs 57 to 68.”

                                        Be it noted, it is then stipulated in para 25 that, “Thus, a perusal of the aforesaid decisions clearly indicates that the Constitutional Courts may also act as parens patriae so as to meet the ends of justice. The Constitutional Courts in the country have exercised parens patriae jurisdiction in the matter of child custody, treating the issue of custody of a child to be of paramount concern. Similarly, the doctrine has been invoked in cases where a person who is mentally retarded, is produced before a Court in a writ of Habeas Corpus. These are the rare situations, when the Court can invoke the aforesaid doctrine.”

                            More significantly, the Bench then minces no words to state in para 26 that, “In our opinion, in the present case this Court cannot shirk its responsibility when a distress call is given by a sinking family of a person lying in a comatose state for the past year and a half. The dominant factor, after all, is not enforcement of rights guaranteeing protection of life of warring parties under Article 226 of the Constitution but the protection of the rights of a human being lying in a comatose state under Article 21 of the Constitution of India. The Court under Article 226 can pass orders and give direction as are necessary for subserving the ends of justice or to protect the person who is lying in a vegetative state. Under the circumstances, this Court, under Article 226 of the Constitution of India, is the ultimate guardian of a person who is lying in a comatose/vegetative state and may provide adequate relief of appointment of a Guardian.”    

                                  Equally significant if not more is what is then stated in para 27 that, “It may be noted that the Division Bench of Kerala High Court in the case of Shobha Gopalkrishnan (supra) has framed certain broad guidelines with regard to appointment of guardian qua a person lying in a comatose state since no specific provision was available in any statute in this regard. The guidelines framed by the Division Bench of Kerala High Court appear to be formidable and sound and, therefore, can be used as framework for formulating guidelines that need to be implemented in the State of Uttar Pradesh till such time, the legislative enactments are framed and specific provisions are made as to how guardians are to be appointed qua persons in a comatose state.”

                                   Most significantly, it is then laid down in para 28 that, “Thus, taking a cue from the decision of Shobha Gopalakrishnan (supra), we fix the following norms/guidelines as a temporary measure till an appropriate enactment is legislated as to how guardians are to be appointed vis-à-vis an individual who is lying in comatose state:-

“Guidelines

(i)  A person(s) who seek(s) to be appointed as guardians vis-à-vis an individual, who is lying in comatose state, shall in their petition to the High Court (in short ‘Court’) disclose the details of all tangible and intangible assets of such an individual. The details as to their location and approximate market value shall also be disclosed. In case of bank accounts, stocks, shares, and debentures and other investments are concerned, material particulars will be provided.

(ii) The Court will have the person lying in comatose examined by a duly constituted medical board which would include, inter alia, a neurologist.

(iii) The court will also direct the concerned SDM/Tehsildar in whose jurisdiction the person lying in comatose is said to be located to carry out an enquiry to establish the veracity of the assertion and to gather material particulars concerning the person(s) who approach the court for being appointed as guardians. The enquiry will, inter alia, gather information as regards the relationship that the person(s) who wish to be appointed as guardians has/have with the person lying in comatose state. Information with  regard to the financial condition of persons wanting to be appointed as guardians shall also be collected apart from other aspects which may have a material bearing in then discharging the duties of a guardian. Any conflict of interest concerning the affairs of the person lying in comatose state will be brought to fore in the report generated during the course of the enquiry.  

(iv) Ordinarily only that person will be appointed as guardian who is a spouse or a progeny of the person lying in comatose. The person seeking appointment as a guardian in his petition to the court will, however, disclose the particulars of all legal heirs of the person lying in comatose. In the event, the person lying in comatose has neither a spouse nor any children or even any legal heirs or if he/she has such persons in his life but stands abandoned by them subject to the permission of the court his next friend who wishes to be appointed as a guardian can approach the court with such a request. In the alternative, the Court could direct the Department of Social Welfare, GNCTD to appoint a public official such as a Social Welfare Officer or a person holding equivalent rank to act as the guardian of the person lying in comatose state.  

(v) Only that person shall be appointed as a guardian who is otherwise in law competent to act as a guardian.

(vi) The order directing appointment of a guardian shall specify the assets qua which the guardianship order is passed. The court will be empowered to modify the order and bring within its sweep other assets, if required, in the interest of the person lying in comatose state. In case liquid funds are not available and there is a requirement to sell the assets of the persons lying in comatose state, upon the guardian approaching the court, necessary directions could be passed in that behalf.

(vii) The person appointed as a guardian will file every six (6) months (or within such period as the court may indicate in its order) a report with the Registrar General of this Court. The report shall advert to the transactions undertaken by the guardian in respect of the assets of the person lying in comatose state. Besides this, the report shall also indicate the funds, if any, received by the guardian and their utilization for the purposes of maintaining the person lying in comatose state.

(viii) The Registrar General of this court will cause a separate register to be maintained which will set out inter alia the details of the proceedings, the particulars of the person appointed as a guardian and orders, if any, passed after the appointment of the guardian. Measures will also be taken by the Registrar General to preserve the reports filed by the guardian from time to time.

(ix) It will be open to the court to appoint a guardian either temporarily or for a limited period, as may be deemed fit.

(x) In the event, the guardian appointed by the court misuses his/her power or misappropriates, siphons or misutilizes the assets of the person lying in comatose state or fails to utilize the assets in the best interest of the person lying in comatose state, the court would have the power to remove the guardian and appoint another person in his/her place. The substituted person could also be a public officer such as a Social Welfare Officer or an officer holding an equivalent rank.

(xi) The guardian appointed by the court will ensure that the transactions entered into by him or her comport with the relevant provisions of the law.

(xii) In case a relative or a next friend of the person lying in comatose state finds that the guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach the court for issuance of appropriate directions and/or for removal of the guardian.    

(xiii) In case, the guardian wishes to move the person lying in comatose state to another state or even to another country for the purposes of securing better medical treatment for the person lying in comatose state, he/she would approach the court for necessary permission before undertaking such an exercise.”

                                For the sake of brevity, the essence of what is mentioned in para 33 is that the Bench directs that while accepting the medical report of SKM submitted by the Medical Board, we hereby appoint the Petitioner No. 1, Uma Mittal, wife of SKM as the guardian of her husband SKM, who is in a comatose condition, vested with the property of her husband SKM to do all acts, deeds and things for the proper care, welfare and benefit of the SKM and his children and with power to do all acts, deeds and things with respect to assets and properties of the SKM.

                                          What’s more, the Bench then notes in para 36 that, “It is further directed that the Petitioner No. 1 would file a report with the Registrar General of this Court every six months, detailing the transactions in respect of the assets of SKM.”

                                         Furthermore, the Bench then observes in para 37 that, “Before parting, we wish to recommend to the Central Government to consider enacting an appropriate legislation pertaining to appointment of guardians qua persons lying in a comatose state, as no remedy is provided in any statute to persons in comatose/vegetative state, (as already discussed in detail in earlier part of this judgment), unlike legislations for appointment of guardians for minors and persons with other disabilities, including like mental retardation etc.”

                                        Finally, it is then held in para 40 that, “Registry is required to forward a copy of this judgment to the Secretary, Law, Ministry of Law and Justice, Government of India, for information and appropriate steps.”

                                       To sum up, this is a very well written, well reasoned and well worded judgment which goes beyond the drafted law for which it has rightly received huge applause from all quarters. The two Judge Bench of Allahabad High Court very rightly empowers the wife to be the guardian of her husband lying in vegetative state by allowing her plea. It also very rightly calls upon the Central Government to pass an appropriate legislation on this subject. Needless to add, Centre must now act promptly on this accordingly!    

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

PIL Challenging Relaxations Prescribed Under MHA’s ‘Unlock 1.0’ With Cost

In a latest and fresh development, the Delhi High Court has just recently on June 12, 2020 in a latest, landmark and extremely laudable judgment titled Arjun Aggarwal Vs Union Of India And Anr in W.P. (C) 3449/2020 & C.M. No. 12224/2020 (stay) dismissed a PIL filed by a petitioner who is a law student. The PIL had challenged the June 30 order of the Ministry of Home Affairs wherein considerable relaxations from lockdown were operationalised under ‘Unlock 1.0’. The Delhi High Court has taken a very stern view of this PIL and termed it as “completely misconceived” and “has been filed only to gain publicity”.

                                  To begin with, this noteworthy judgment authored by Justice Subramonium Prasad for himself and Justice Hima Kohli sets the ball rolling by first and foremost pointing in para 1 that, “The instant Public Interest Litigation (PIL) challenges the order dated 30.05.2020 bearing No. 40-3/2020-DM-1, issued by the Government of India, Ministry of Home Affairs. By the impugned order, in exercise of powers under Section 6 (2) (i) of the Disaster Management Act, 2005, the Government of India has extended the lockdown which had initially been issued by an order bearing the same number, dated 25.03.2020 for containment of COVID-19 in the country up to 30.06.2020, in containment zones and to reopen activities in a phased manner outside containment zones.”    

                                           To put things in perspective, it is then laid bare in para 8 that, “The writ petitioner has averred that he is a 5th year student of BA LLB (Hons.) course, studying in Guru Gobind Singh Indraprastha University and has the means to pay, if any cost is imposed by the Hon’ble Court. The instant writ petition challenges the guidelines on the ground that phased reopening will result in rampant spread of COVID-19 in the country. It is contended in the writ petition that the impugned Notification will deprive the citizens of their basic fundamental rights such as life and it ignores the health of its citizens by exposing them to the threat from COVID-19. It is stated in the writ petition that the reopening has been done only keeping in mind economic considerations while endangering its citizens to the extent of succumbing to a contagious disease in the absence of any proven medical cure for it. It is stated that there was no need or justification for reopening the prohibited activities.”

                                       As it turned out, the Delhi High Court Bench after hearing Mr Apratim Animesh Thakur who is the learned counsel for the petitioner as pointed out in para 10, it then goes on to state in para 12 that, “A series of orders have been passed starting from the month of March, 2020 to tackle the situation and decisions have been taken by the Government to ensure minimum hardship to the people. Several economic packages have been announced to regenerate the economy. This Court can also take judicial notice of the fact that world over, the trend is now to reduce the restrictions which were imposed due to lockdown and to return to normal life. In order to ensure a proper balance between containing the spread of COVID-19 pandemic and at the same time make certain that people are not forced to starvation the Government has issued the impugned order. The re-opening has been directed in a phased manner and is not a decision that appears to have been taken in haste. The Government is expected to remain cognizant of the situation and evaluate it closely. If it is found that the rate of infection is going up, they can always review their decision and impose curbs, depending upon the situation.”

                                                  More crucially, while drawing a red line for itself, the Delhi High Court Bench then minces no words to make it clear in para 13 that, “The scope of judicial review of Government policies is well known. Courts do not and cannot act as an appellate authority examining the correctness, suitability and appropriateness of the policy; nor are court advisors to the executive in matters of policy which the executive is entitled to formulate. Courts cannot interfere with the policy either on the ground that it is erroneous or on the ground that a better or a wiser alternative is available. Illegality of the policy and not the wisdom and soundness of the policy is the subject matter of judicial review. (see: Union of India v. J.D. Suryavanshi, (2011) 13 SCC 167 and Directorate of Film Festivals & Anr. vs. Gaurav Ashwin Jain & Ors. (2007) 4 SCC 737.)”.  

                                                     Most crucially, it is then made pretty clear by the Delhi High Court Bench in para 15 that, “The instant writ petition has been filed by the petitioner who is a law student without looking at the abovementioned position in law. Nothing has been shown as to how the impugned order is so arbitrary or is based on such irrelevant consideration that it deserves to be struck down as being violative of Article 14 of the Constitution of India. The writ petition is completely misconceived and has been filed only to gain publicity. It cannot be said that this instant petition has been filed bonafide. In State of Uttaranchal vs. Balwant Singh Chaufal and Ors., (2010) 3 SCC 402, Supreme Court has given guidelines in order to streamline the growing abuse of public interest litigation which read as under:

“180. In our considered view, now it has become imperative to streamline the P.I.L.

181. We have carefully considered the facts of the present case. We have also examined the law declared by this court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:-

(1) The courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations.

(2) Instead of every individual judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the Rules prepared by the High Court is sent to the Secretary General of this court immediately thereafter.

(3) The courts should prima facie verify the credentials of the petitioner before entertaining a P.I.L.

(4) The court should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL.

(5) The court should be fully satisfied that substantial public interest is involved before entertaining the petition.

(6) The court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions.

(7) The courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation.

(8) The court should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.”

The instant writ petition does not satisfy the dictum of the Guidelines laid by the Supreme Court and this Court.”

                                             Equally significant if not more is what is then stated in para 17 while deprecating the petitioner’s careless conduct that, “During the counsel hearing, we had informed learned counsel for the petitioner that we are not inclined to entertain the petition as we find that it is an abuse of the process of the law. We had also warned the counsel that if he presses the petition, we would be constrained to dismiss it with costs. We cautioned learned counsel only because the petitioner is a law student. Despite that, counsel for the petitioner upon taking instructions from the petitioner, continued to addressing arguments, wasting valuable judicial time. We deprecate this conduct of the petitioner. He has not cared to read the judgments relating to public interest litigations and the limits on the Court while exercising its power of judicial review on policy matters.”  

                                            Finally, it is then held in the last para 18 that, “The writ petition is accordingly dismissed along with pending application with costs of Rs. 20,000/- imposed on the petitioner who is directed to deposit the same in the Delhi High Court Bar Association Lawyers’ Security and Welfare Fund within a period of two weeks from today, with proof of deposit to be filed with the Registry of this Court.”

                                             To sum up, this latest, landmark and extremely laudable judgment by a two Judge Bench of the Delhi High Court is a very loud and strong wake up call to all the litigants that they should not waste the precious time of the court without any firm reason! If they dare to do still then they would have to be ready to pay the costs as we see in this leading case also! Centre took this daring decision after lots of deliberations, discussions and debate with the concerned experts which we all must admire, appreciate and applaud and not instead resort to gimmicks like filing PIL against it as we see in this case!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Who is Owner of the Vehicle?

In a fresh development, the Supreme Court just recently on June 18, 2020 in a latest, landmark and extremely laudable judgment titled Surendra Kumar Bhilawe vs The New India Assurance Company Limited in Civil Appeal No. 2632 of 2020 (Arising out of Special Leave Petition (C) No. 20569 of 2016) has laid down in no uncertain terms that it is the person in whose name the motor vehicle stands registered, who would be treated as the owner of the vehicle, for the purposes of the Motor Vehicles Act. The case arose out of an insurance claim made by one Surendra Kumar Bhilawe. Surendra’s insurance claim was thus upheld!

                                           To start with, this noteworthy judgment authored by Justice Indira Banerjee for herself and Justice R Banumathi sets the ball rolling in para 2 wherein it is observed that, “This appeal is against a judgment and order dated 23.2.2015 passed by the National Consumers Disputes Redressal Commission, New Delhi, hereinafter referred to as ‘National Commission’, allowing Revision Petition No. 4126/2014 filed by the Respondent, hereinafter referred to as ‘the Insurer’, setting aside an order dated 09.01.2014 passed by the District Consumer Disputes Redressal Forum, Raipur, hereinafter referred to as ‘the District Forum’ allowing the Complaint Case No. 404 of 2012; and an order dated 22.7.2014 passed by the Chhatisgarh State Consumer Disputes Redressal Commission Pandri, Raipur (C.G), hereinafter referred to as the State Commission, dismissing an appeal being Appeal No. FA/14/85 of the Insurer against the said order of the District Forum; and dismissing the said complaint filed by the Appellant.”  

                                         To be sure, para 3 then states that, “The Appellant was the owner of Ashok Leyland 2214 Truck bearing Registration Number C.G.04/JA3835, which was covered by a Policy of Insurance issued by the Insurer being Policy Number was 45030031110100001693, effective for the period from 2.6.2011 to 1.6.2012.”

                                          Needless to say, it is then mentioned in para 4 that, “On 11.11.2011, the said lorry, which was loaded with Ammonia Nitrate at Raipur, commenced its journey for Dhanbad, where the Ammonia Nitrate was to be unloaded. The lorry was driven by Driver, Rajendra Singh.”

                                                   While elaborating further, it is then specified in para 5 that, “On 13.11.2011, at about 1.45 p.m., while the said truck was on its journey from Raipur to Dhanbad, it met with an accident near Bhakuwa Toil Police Station, Gumla in Jharkhand. It is stated that while negotiating the said truck, near a culvert, to save a cow, which had come on its way, the Driver lost control, as a result of which the said truck turned turtle and fell into a river by the side of the road and was extensively damaged. The Ammonia Nitrate, carried in the truck was also washed away.”

                                           On expected lines, we then see that it is revealed in para 6 that, “The accident was reported to the Gumla Police Station, District Gumla, Jharkhand on 16.11.2011 and on 25.11.2011 the Appellant lodged a claim with the Insurer, through one Mohammad Iliyas Ansari.”    

                                     What followed next is then stated in para 7 that, “On receipt of information regarding the accident, and the claim, the Insurer appointed an independent Surveyor and Loss Assessor to conduct a spot survey. The independent Surveyor and Loss Assessor appointed by the Insurer, namely, Shri Birendra Kumar Gupta, conducted a spot survey and submitted his report on 29.11.2011.”

                                    As it turned out, para 8 then notes that, “The Insurer, thereafter, appointed one Shri Gyan Chandra, Valuer, Surveyor, Loss Assessor and Investigator to conduct the final survey.  The said Shri Gyan Chandra submitted a report dated 25.1.2012 assessing the loss recoverable from the insurer at Rs. 4,93,500/- after deduction of salvage value.”

                                           While explaining the twists and turns that followed, it is then enunciated in para 9 that, “However, instead of reimbursing the loss, the Insurer issued a show cause Letter dated 22.3.2012 to the Appellant requiring the Appellant to show cause why the claim of the Appellant should not be repudiated, on the allegation that, he has already sold the said truck to the said Mohammad Iliyas Ansari on 11.4.2008. It is, however, not in dispute that the Appellant continued to be the registered owner of the said truck, on the date of the accident.”

                                        While dwelling on the appellant’s version, it is then enshrined in para 10 stating: “It is the case of the Appellant that the said truck which had been purchased with finance from ICICI Bank, stood hypothecated to ICICI Bank, and the same could not be transferred without the consent of ICICI Bank. ICICI Bank had not issued ‘No Objection’ to the Appellant for transfer of the said truck, as the dues of ICICI Bank had not been repaid in full till the date of the accident. Admittedly, however, the Appellant had entered into a sale agreement with the said Mohammad Iliyas Ansari.”

                             While carrying on forward in the same vein, it is then pointed out in para 11 that, “The Appellant claims that he duly replied to the show cause letter and that he also sent a legal notice on 2.6.2012 to the Insurer to which there was no reply. The Insurer was disputing the claim, as it had been submitted by Mohammad Iliyas Ansari, and also on the ground of delay in filing the police complaint and in reporting the accident to the Insurer.”

                                     Furthermore, it is then revealed in para 12 that, “The Appellant himself submitted a motor claim again on 22.8.2012, but the Insurer refused to accept the same. Under cover of a letter dated 22.8.2012, the Appellant sent the claim form, along with the requisite documents, to the Insurer by Registered Post.”

                                                As a consequence, what then unfolds is elaborated in para 13 stating that, “Aggrieved by the action of the Insurer company in not releasing the claim of the Appellant, towards reimbursement of losses on account of the Accident, the Appellant approached the District Forum with the complaint numbered Case No. 404 of 2012, referred to above.”  

                                         What came as a shot in the arm for the Appellant is then enumerated in para 14 stating that, “By a judgment and order dated 9.1.2014, the District Forum allowed the complaint filed by the Appellant and directed the Insurer to pay Rs. 4,93,500/- to the Appellant within a month along with interest @ 6% per annum from the date of filing of the complaint, that is, 6.10.2012 till the date of payment and further directed the Insurer to pay the Appellant a sum of Rs. 5,000/- towards compensation for mental agony and Rs. 2,000/- towards cost of litigation.”

                                Against this backdrop, what follows next is then explained in para 15 holding that, “The Insurer appealed to the State Commission. The said appeal, being Appeal No. FA/14/85, was dismissed by the State Commission by an order dated 22.7.2014, which was challenged by the Insurer before the National Commission by filing the Revision Petition No. 4126 of 2014.”

                                  What ultimately turned the tables is then stated in para 16 as follows: “By the judgment and order impugned bfore us, the National Commission has allowed the Revision Petition, set aside the orders of the District Forum and the State Commission respectively, and dismissed the complaint of the Appellant.”

                                    No doubt, the tables were again restored to its original state by the Supreme Court Bench and this is best manifested in para 29 wherein it is held that, “There was no material evidence at all before the National Commission, on the basis of which the National Commission could have reversed the concurrent factual findings of the District Forum and the State Commission which unerringly led to the conclusion that ownership of the said truck never stood transferred to Mohammad Iliyas Ansari.”    

                                            In a stinging rebuke to the National Commission, the Apex Court Bench also noted in para 28 that, “The National Commission completely ignored the following concurrent findings of the District Forum and State Commission:-

(i)                         Even after the date of the purported sale agreement, that is, 11.4.2008, the Appellant continued to pay instalments to ICICI Bank towards repayment of the loan for purchase of the said truck.

(ii)                      The ICICI Bank had neither released the said truck from hypothecation nor given ‘No Objection’ for the sale of the said truck.

(iii)                   The Appellant paid the premium and took out the policy of insurance on or about 31.5.2011 covering the period from 2.6.2011 to 1.6.2012 in his own name. This was over three years after the date of the purported sale agreement.

(iv)                   No steps were taken by the Appellant or by Mohammad Iliyas Ansari to have the registration of the said truck transferred in the name of Mohammad Iliyas Ansari.

(v)                      The permit for operating the said truck was still in the name of the Appellant over three years after the purported sale agreement.”

                                            More damningly, it is then also held in para 39 that, “It appears that the National Commission patently erred in holding that the Appellant had been paid the consideration without even examining if Mohammad Iliyas Ansari had paid any instalments to ICICI Bank.”   

                               Most significantly, it is then very rightly held in para 53 that, “In our considered opinion, the National Commission erred in law in reversing the concurrent factual findings of the District Forum and the State Commission ignoring vital admitted facts as stated above, including registration of the said truck being in the name of the Appellant, even as on the date of the accident, over three years after the alleged transfer, payment by the Appellant of the premium for the Insurance Policy, issuance of Insurance Policy in the name of the Appellant, permit in the name of the Appellant even after three years and seven months, absence of ‘No Objection’ from the financier bank etc. and also overlooking the definition of owner in Section 2(30) of the Motor Vehicles Act and the Rules framed thereunder, including in particular the transferability of a policy of insurance under Section 157.”

                                      Be it noted, it is then envisaged in para 54 that, “In view of the definition of ‘owner’ in Section 2(30) of the Motor Vehicles Act, the Appellant remained the owner of the said truck on the date of the accident and the Insurer could not have avoided its liability for the losses suffered by the owner on the ground of transfer of ownership to Mohammad Iliyas Ansari.”

                                           Finally, it is then held in the last para 57 that, “The judgment and order of the National Commission is unsustainable. The appeal is, therefore, allowed. The impugned order of the National Commission under appeal is set aside and the order of the District Forum is restored. The Insurer shall pay to the Appellant a sum of Rs. 4,93,500/- as directed by the District Forum with interest as enhanced by this Court to 9% per annum from the date of claim till the date of payment. The sum of Rs. 5,000/- awarded by the District Forum towards compensation for mental agony and Rs. 2,000/- awarded towards the cost of litigation, is in our view grossly inadequate. The Insurer shall pay a composite sum of Rs. 1,00,000/- to the Appellant towards cost and compensation for the agony caused to the Appellant by withholding his legitimate dues. The amounts as directed above shall be paid to the Appellant within six weeks from date of the judgment and order.”

                                          To sum up, this carefully drafted, excellently worded and well reasoned judgment delivered by a two Judge Bench of the Apex Court comprising of Justice Indira Banerjee and Justice R Banumathi speaks for itself! It makes it abundantly clear that the Insurer cannot shirk of his responsibility in case of an accident on any ground if the insured continues to remains the owner of the vehicle as we see in this case also! Very rightly so! No denying or disputing it!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh. 

Situation getting more tensed between India and China at Ladakh

Recently how our brave 20 soldiers were martyred at Ladakh border, is really painful for all of us. . From all over the states, the situation is getting too much tensed and everyone wants the revenge from China. At other side China is not ready to even accepting it’s mistake. This is not good. Our Govt. is also now in action. Various steps had been taken for it .

The real problem is that China is that only nation who had 14 nation’s borders are connected. And at all there China is claiming some region under him. This is not only the problem, China is also saying over 23 countries had taken the land which is part of it’s country. China is the major manufacturer hub for all over the country. That attracts all the countries, but the problem arises when it trying to capture the land of it’s neighbouring countries.

But China also Know that India is not likely a weak country, India is a major powerful developing country, and at any time ,this nation can really give tough competition globally. India also had support from various Asian countries as well as super POWER USA also a friendly nation of India. And on the conflicts of Ladakh, india will never tolerate the China’s hypocrisy. Necessary action are already taken from military and Air Force both. Many fighter jets are taking rounds on the border of Ladakh. And in any mis happening, we can take the control over there.

So at last we should pray for the martyred soldiers, any necessary action must be taken from our Govt, and China have to accept it’s mistake. And should take step out of our land.Otherwise the war must be go on and it has several results too.

WHY ADVERTISE?

PC: Importance of Advertising.

It is the age of marketing. Ads have become an indispensable part of our modern life. From old ways of beating drums to making announcements, we have arrived at the most advanced stage where there is no end in creative modes and methods of communication through advertisement. We see a banner here, and a leaflet there; celebrities endorsing products appear over the streets of our cities. Television, radio, newspaper, mobile and all sorts of media provide us with a message regarding some promo, offers and discounts. We also see ads printed on cars and other vehicles now and then. When we are surfing the internet or checking our mail, we get promotional messages. Information is being disseminated very fast as everyone is reachable through media. Information about products and services is at our doorstep and even inside the room, and that is because of advertisements. We learn about companies, their offerings and uses through ads. There are various brands with a variety of products, and we have unlimited options at our disposal. So, it means that a company’s success is now dependent on advertising efforts.

Today we are the recipient of exceptionally innovative ads which are the representation of best work of human imagination. In the early days, word of mouth was a predominant mode of advertisement, and it still holds the most potent ground. Today so many ads reach us, and it is not easy to find the most meaningful products of companies which are relevant to us. Ads give us the power to choose what we want. They also entertain us. In my opinion, they are a necessary evil, many of us do not like them, but people need them. No urban society can imagine life without them.

We have seen many things from our shoes, and we must see things from other’s perspective to understand how beneficial ads are. The process of making the smallest ad to the biggest one requires a workforce with skills, money and machinery. So, even before an ad is made, jobs are created; capabilities are added in people to cater to demand, and creativity is attained as a result of the process. Ads are also used for job offers. They also encourage healthy competition in the market since best ads make their products and services sell while others lag.

From the music industry to the acting industry, from writers to dancers, everyone is involved in the process of ad making to make it lucrative. People are making their fortunes and bread and butter from advertising. However, every coin has two sides and ads to have a negative side to it. Some ads mislead, and we have to be careful and decide to choose wisely. It is a fact that we have been bombarded with so many ads for so long that we get irritated once in a while and wish they were gone. Sometimes, they come to places where they should not, in front of the audience which should not watch them. We witness this when we surf the internet, and a pop-up flash or misleading ad comes up. Many companies obtain our personal information without our notice and target us with their advertisements. This activity is highly unwarranted, and the initiation of it violates our privacy. They become a source of irritation and frustration when they become invasive. For instance, we are watching a movie or any program on TV. We see that commercial break that is inserted in between that program has unsolicited ads which make our experience less than enjoyable. Even in our electronic mails, we receive fake lottery notices. They make doubtful claims and take away our trust from the boons of ads. They also are infamous for manipulating our spending habits as we engage in consumerism. We have been victims of false decision making due to the overwhelming impression of ads.

Since many are invading our personal space and life, we need a watchdog to oversee and monitor the advertisement industry. Young minds have been corrupted, indulged into bad eating habits, desiring fashionable items and dreaming of leading an unattainable celebrity-like lifestyle. Status is attached to products, and so people aspire for them. Companies hire highly paid social psychologists to move among the people and feel their pulse. They advise their employers, in most cases, how to deceive the gullible customers just for selling the goods and services by hook or by crook. Hidden languages in the advertisement are common. Only the glitter is shown, and the dirt is hidden. Unwary viewer falls prey to it.

We must check, control them, put them under the ethical radar through authorities and take actions against violence. Only then will an atmosphere of good advertising will take place.

Revisiting the Life of a Renowned Bengali Sufi Saint: Lalon Fokir

Milon hobe koto dine aamar moner manushero shone, Oh aamar moner manushero shone! (When will I be united with the Man of my Heart?). ~ Lalon Shah

Also known as Lalon Fokir (a Bengali word for fakir Or saint), Lalon Shah belonged from Baul community of the 18th century Bengal. However, he’s the most respected personality of Baul community as most of the modern day Bauls are influenced from this great bard. In fact, although Baul sect had declared itself different from Sufi sect, Lalan Fokir organized the entire sect through his knowledge and poetic skills, spreading the real essence of this sect through his poetry only. He established his own hospice,which was known as Akhara that later became a tradition of the Baul sect.

Some of his major compositions are –

  • Milon Hobe Koto Dine
  • Khachar Bhetor Ochin Pakhi
  • Dhonno Dhonno Boli Taare
  • Jaat Gelo Jaat Gelo Bole
  • Shob Loke Koye Lalon Ki Jaat Shongshaare
  • Bhakter Daare Bandha Ache Sai
  • Dildoriyaar Majhe Dekhlam etc
Some lines of Khachar Bhitor Ochin Pakhi in English.

However, what’s not known about him is regarding his birth. It’s really not clear whether he was a Hindu or a Muslim. Moreover, an anecdote is there about him, that goes as – Lalon Fokir was born in Bhanrara village in Kushtia district in Bangladesh in 1774,where his father was Madhab Kar and mother was Padmavati. According to another tradition, he was born on 17th October 1772 in Jhinaidah village in district Harishpur ,where his father was Daribullah Dewan while his mother was Amina Khatun.

Furthermore,it is pertinent to mention that Duddu Shah, one of the key disciples of Lalon, claims that his Murshid (Lalan Fokir) had told him not to make his personal details public, but he did so after Lalon’s death. Researchers have generated a doubt over the authenticity of this poem and believe that the poem actually wanted to display Lalon as a Muslim saint.

One story narrates that Lalon, during a pilgrimage to the temple of Jagannath with his companions, got smallpox and was abandoned by his companions on the banks of the river,due to the prevailing superstitions of the era. Later, Malam Shah and his wife Matijan, members of the weaver community in a Muslim-populated village, Cheuriya, took him to their home. They gave Lalon land to live where he formed a musical organisation and composed along with performing his songs, inspired by Shiraj Sain, a musician of the same village.

A picture of Lalon Fokir sitting at rest.

It was believed that Lalon had left no written work of his songs, as they were transmitted orally to his pupils. Later, his followers compiled all his compositions and preserved them by creating some copies of the same.

Also, Lalon was one of the greatest philosophers of his time and he deliberately criticised the casteism prevailing in the society.

Last year, a three-day programme was held to commemorate the 129th death anniversary of Lalon Shah, at Chheuriya in Kushtia district (Bangladesh). In the modern scenario, a Bengali movie named “Moner Manush” was released to depict the life of Lalon Fokir. Several musicians still create a base to sing his compositions. As a matter of fact, Lalon holds a respectable position in the history of Bengal, who’s in actual sense, a reflection knowledge and philosophy, hence.

Unfortunately, the Baul king Lalon Fakir died at Chheuriya on October 17, 1890 at the age of 116 years. He was buried at his Akhara only (in Bangladesh).

Lalon Fokir’s shrine in Bangladesh.

https://thefinancialexpress.com.bd/national/country/lalon-shah-a-bard-a-philosopher-1571154750

Are blogs made out of blogs?

The tricky thing about blogging is that there’s always something stopping you. You often stare at the blank page, wondering whether what you will write will be good enough. You get distracted. Or you have this idea that you really love, but someone else is already written about it.

What is the point of blogging if someone has already covered what you want to write about? Well, here’s a thing almost all of my articles are about topics that have been already covered by others, calling them as universal topics. What I blog is the sum total of all that I have ever internalized; a bit of Tony Robins, a bit of Mark Manson and so on. There’s a fact that people cannot get enough of certain topics because they form the foundation of who we are as human beings.

Your uniqueness as a blogger is not about writing something new but it is about the perspective from which you cover those topics. No one can write in the same way as you do. I often pressure myself to be original as in one thousand person original, something out of the blue. To uncover something hidden or depths of the human soul that has been locked since eternity.

And the truth is trying to do that is a recipe of disaster. Besides, inspiration often tends to evaporate under pressure. Trying to be original is a fire way to get bankrupt in ten or less blog posts. That’s why inside of trying some fiery idea, I think about the readers out there, what is that they would like to read about. We humans get inspiration or at least we try to take some by knowing or reading someone’s journey, so I started to add myself in my blogs. It worked many of my readers could relate. You do not read my words for the information they share but the way you can derive a sense of purpose.

Blogging is a simple process. It is us; bloggers who make it seem too terrifying and complicated. A blank page gives you the freedom to create anything you want, as long as you don’t try to create everything at once, or something that no one ever created before. It is about punching the damn keys.  One word at a time.

If you need inspiration, just take a look at what people have been fascinated about since forever. Even books are made out of books, so why not blogs!

Plastic and Sustainability

The disposal of plastic has been an unsolved problem since humans began using them in large scale. The problem with plastic is it takes more than 1000 years before it disappears to another form, until then it stays as plastic. Some of the disposal methods adopted for plastic are landfills, incineration and recycling. 

LANDFILL

  Landfill is generally a place where plastics are dumped and left there indefinitely. This method is considered as the least GHG(GreenHouseGas) emitting method when compared to incineration and recycling. The landfills require a large unusable land for dumping while space  is a major issue in the urban areas.

INCINERATOR

It has become the most opted option among cities in developed countries as it consumes very less space. Some countries have resorted to utilise the heat generated for electricity production and heat applications which can be used by the residents of the city. Though it may seem to eliminate plastic from ground, it releases highly toxic gases into the atmosphere.  

RECYCLING

Recycling process involves converting plastic wastes into usable form again. This process eliminates the need for new plastic. It is more economical than the other two methods listed above. But the only disadvantage is that it still produces GHG.

Bio-plastic

Scientists tried solving this problem by replacing the conventional plastic with bio-degradable or bio-plastic. But the problem with bioplastic is they would stay intact on-ground, underground and water for several years. Because they needed a suitable environment with specified temperature , moisture and other conditions for their degradation. So, an industrial setup is needed to degrade them quickly and completely. Anaerobic degradation is one of the best methods to decompose them, in addition it produces biogas. However, one cannot use conventional industrial setup that is used for degrading other biodegradable wastes. The bioplastic usually take longer time to degrade compared to other biodegradable waste. 

What is the solution?

“Prevention is better than cure”   

At present, there is no viable solution for producing a 100% eco-friendly plastic. Stopping the usage of plastic is the only solution for our current plastic problem. A significant reduction of plastic usage can be easily attained by adopting simple change in our lifestyles. 

The Social Stock Exchange

                                            The Social Stock Exchange: Future-Proofing Capital Markets ...

The Finance Ministry was thinking upon the idea of a social stock exchange and gave a hint about the same in the 2019 budget. SEBI constituted a panel for it and the panel recently gave its recommendations regarding the exchange. Some of the recommendations are as follows:
  • Direct listing of non-profit organisations through the issuance of bonds and a range of funding mechanisms in a report submitted to the market.
  • The social stock exchanges can he housed within the existing stock exchange and such as BSE and/or NSE. This will help the SSE leverage the existing infrastructure and client relationships of the exchanges to onboard investors, donors, and social enterprises (for-profit and non-profit).
  • The profit social enterprises can also list on SSE with enhanced reporting requirement.
  •  To encourage, giving culture some tax incentives have also been suggested.
  • Fundraising instruments like equity and SVFs have been recommended for social profit enterprises and zero coupons zero principal bonds, SVFs, Mutual Funds (MFs), various pay-for-success structures, other securities for NPOs.

“These recommendations, if implemented as a package, can result in a vibrant and supportive ecosystem, enabling the non-profit sector to realise its full potential for creating social impact,” the panel suggested in its 72 page long report.

Is it a new concept?
Well, it is not a new concept. It has been tried in some countries. There are various models of it, like in London it acts as a platform to connect social enterprises with potential investors. In Canada the platform is called SVX and it also allows retail investors to invest. The social investment exchange of Kenya helps welfare organisation to connect with domestic and foreign investors. The impact investment exchange in Singapore, in partnership with Mauritius, allows only accredited investors to participate. In South Africa, the SSE SASIX works like a regular stock exchange where impact investors can buy shares in social businesses based on location and mission.
SEBI has also asked for public comments on the same and they can be send to SEBI till 30th June. 
It is definitely going to help NGOs, if implemented.

GOOD LABORATORY PRACTICES AND BIO-SAFETY METHODS

  1. When you arrive the laboratory, the first thing is that you must wash your hands with a disinfectant soap for your immediate sanitization.
  2. Eating anything in the laboratory area and smoking is strictly prohibited. Do not put anything in your mouth such as pencils, labels, or fingers. Do not store food in areas where microorganisms are stored.
  3. Purchase a lab coat and safety glasses and use them. Leave protective clothing in lab and do not wear it in non-lab areas.
Photo by Chokniti Khongchum on Pexels.com
  1. Avoid loose fitting items of clothing. Wear appropriate shoes (sandals not allowed) in the laboratory.
  2. Backpacks, purses and quotes should be placed in the cubbyhole by the front door of the lab. Place needed items on the floor near your feet, but not in the aisle.
  3. Disinfect work areas before and after use with 70% ethanol and fresh 10% bleach. The regular disinfection of the laboratory surfaces must be done using appropriate disinfectants like hypochlorite solution which kills almost pathogenic microorganisms.
  4. Label everything clearly.
  5. Caps and lids of reagents, solution bottles, and bacterial must be replaced properly in order to prevent contamination and petri dishes must not be opened directly in the lab unless absolutely necessary.
  6. Inoculating loops and needles should be flame sterilize in a bunsen burner before you lay them down.
  7. Turn of bunsen burner when not in use. Long hair must be restrained if bunsen burner are in use.
  8. Flame sterilization using alcohol must be done so carefully and it must be kept in mind that no papers or similar materials that can catch fire easily are nearby.
  9. Treat all microorganisms as potential pathogens and culturing of microorganisms must be done inside a special sterilized laminar flow hood and not outside it because many air-borne microorganisms can be spread.
  10. Wear disposable gloves when working with potentially infectious microbes and samples. If you are surely working with a pathogenic sample, you must handle it with extra care so that it doesn’t spill out on you or on any surface of the laboratory.
  11. Sterilize equipment and materials.
  12. Never pipette by mouth.
  13. Consider everything a bio hazard. Do not pour anything down the sink. Autoclave liquids and brought cultures to sterilize them before discarding.
  14. Dispose off all solid waste material in a biohazard bag and autoclave it before discarding in the regular trash.
  15. There are a special column of safety equipment in the laboratory which you must be aware of so that in case of any emergency you can make use of those safety equipments.
  16. Dispose of broken glass in the broken glass container.
  17. Dispose of razor blades, syringes, and sharp metal object in the “sharps” container.
  18. If by any chance, there is any type of spill of sample or culture or any media, you must immediately contact your instructor or mentor so that he/she can help you and find a solution to remove it from the surface. If you’re able to clean the spill by yourself do it immediately.
  19. In the same way, in case of any mishappening or sudden accident, you must immediately report to your instructor for the immediate help.

Motivation is the secret energy

Motivation is a powerful, yet tricky beast. Sometimes it is really easy to get motivated, and you find yourself wrapped up in a whirlwind of excitement. Other times, it is nearly impossible to figure out how to motivate yourself and you’re trapped in a death spiral of procrastination.

So what is motivation, exactly? The author Steven Pressfield has a great line in his book, The War of Art, which I think gets at the core of motivation. To paraphrase Pressfield, “At some point, the pain of not doing it becomes greater than the pain of doing it.”

In other words, at some point, it is easier to change than to stay the same. It is easier to take action and feel insecure at the gym than to sit still and experience self-loathing on the couch. It is easier to feel awkward while making the sales call than to feel disappointed about your dwindling bank account.

This, I think, is the essence of motivation. Every choice has a price, but when we are motivated, it is easier to bear the inconvenience of action than the pain of remaining the same. Somehow we cross a mental threshold—usually after weeks of procrastination and in the face of an impending deadline—and it becomes more painful to not do the work than to actually do it.

Now for the important question: What can we do to make it more likely that we cross this mental threshold and feel motivated on a consistent basis?

Common Misconceptions About Motivation
One of the most surprising things about motivation is that it often comes after starting a new behavior, not before. We have this common misconception that motivation arrives as a result of passively consuming a motivational video or reading an inspirational book. However, active inspiration can be a far more powerful motivator.

Motivation is often the result of action, not the cause of it. Getting started, even in very small ways, is a form of active inspiration that naturally produces momentum.

I like to refer to this effect as the Physics of Productivity because this is basically Newton’s First Law applied to habit formation: Objects in motion tend to stay in motion. Once a task has begun, it is easier to continue moving it forward.

You don’t need much motivation once you’ve started a behavior. Nearly all of the friction in a task is at the beginning. After you start, progress occurs more naturally. In other words, it is often easier to finish a task than it was to start it in the first place.

How to Get Motivated and Take Action
Many people struggle to find the motivation they need to achieve the goals they want because they are wasting too much time and energy on other parts of the process. If you want to make it easy to find motivation and get started, then it helps to automate the early stages of your behavior.

Schedule Your Motivation
During a conversation about writing, my friend Sarah Peck looked at me and said, “A lot of people never get around to writing because they are always wondering when they are going to write next.” You could say the same thing about working out, starting a business, creating art, and building most habits.

If your workout doesn’t have a time when it usually occurs, then each day you’ll wake up thinking, “I hope I feel motivated to exercise today.”
If your business doesn’t have a system for marketing, then you’ll show up at work crossing your fingers that you’ll find a way to get the word out (in addition to everything else you have to do).
If you don’t have a scheduled time when you write every week, then you’ll find yourself saying things like, “I just need to find the willpower to do it.”
An article in The Guardian summarized the situation by saying, “If you waste resources trying to decide when or where to work, you’ll impede your capacity to do the work.”

Setting a schedule for yourself seems simple, but it puts your decision-making on autopilot by giving your goals a time and a place to live. It makes it more likely that you will follow through regardless of your motivation levels. And there are plenty of research studies on willpower and motivation to back up that statement.

Stop waiting for motivation or inspiration to strike you and set a schedule for your habits. This is the difference between professionals and amateurs. Professionals set a schedule and stick to it. Amateurs wait until they feel inspired or motivated.

How to Get Motivated (Even When You Don’t Feel Like It)
How do some of the most prolific artists in the world motivate themselves? They don’t merely set schedules, they build rituals.

Twyla Tharp is widely regarded as one of the greatest dancers and choreographers of the modern era. In her best-selling book, The Creative Habit (audiobook), Tharp discusses the role rituals, or pre-game routines, have played in her success:

I begin each day of my life with a ritual; I wake up at 5:30 A.M., put on my workout clothes, my leg warmers, my sweatshirts, and my hat. I walk outside my Manhattan home, hail a taxi, and tell the driver to take me to the Pumping Iron gym at 91st street and First Avenue, where I workout for two hours. The ritual is not the stretching and weight training I put my body through each morning at the gym; the ritual is the cab. The moment I tell the driver where to go I have completed the ritual.

It’s a simple act, but doing it the same way each morning habitualizes it — makes it repeatable, easy to do. It reduces the chance that I would skip it or do it differently. It is one more item in my arsenal of routines, and one less thing to think about.

Many other famous creatives have rituals too. In his popular book Daily Rituals: How Artists Work, author Mason Currey notes that many of the world’s great artists follow a consistent schedule.

Maya Angelou rented a local hotel room and went there to write. She arrived at 6:30 AM, wrote until 2 PM, and then went home to do some editing. She never slept at the hotel.
Pulitzer Prize winner Michael Chabon writes five nights per week from 10 PM to 3 AM.
Haruki Murakami wakes up at 4 AM, writes for five hours, and then goes for a run.
The work of top creatives isn’t dependent upon motivation or inspiration, but rather it follows a consistent pattern and routine. Here are some examples of how you can apply ritual and routine to get motivated:

Exercise more consistently: Use the same warm up routine in the gym.
Become more creative: Follow a creative ritual before you start writing or painting or singing.
Start each day stress-free: Create a five-minute morning meditation ritual.
Sleep better: Follow a “power down” routine before bed.
The power of a ritual, or what I like to call a pre-game routine, is that it provides a mindless way to initiate your behavior. It makes starting your habits easier and that means following through on a consistent basis is easier.

The key to any good ritual is that it removes the need to make a decision: What should I do first? When should I do this? How should I do this? Most people never get moving because they can’t decide how to get started. You want starting a behavior to be easy and automatic so you have the strength to finish it when it becomes difficult and challenging.

How to Make Motivation a Habit
There are three simple steps you can take to build better rituals and make motivation a habit.

Step 1: A good pre–game routine starts by being so easy that you can’t say no to it. You shouldn’t need motivation to start your pre–game routine. For example, my writing routine starts by getting a glass of water. My weightlifting routine starts by putting on my lifting shoes. These tasks are so easy, I can’t say no to them.

The most important part of any task is starting. If you can’t get motivated in the beginning, then you’ll find that motivation often comes after starting. That’s why your pre–game routine needs to be incredibly easy to start.

Step 2: Your routine should get you moving toward the end goal.

A lack of mental motivation is often linked to a lack of physical movement. Just imagine your physical state when you’re feeling depressed, bored, or unmotivated. You’re not moving very much. Maybe you’re slumped over like a blob, slowly melting into the couch.

The opposite is also true. If you’re physically moving and engaged, then it’s far more likely that you’ll feel mentally engaged and energized. For example, it’s almost impossible to not feel vibrant, awake, and energized when you’re dancing.

While your routine should be as easy as possible to start, it should gradually transition into more and more physical movement. Your mind and your motivation will follow your physical movement. It is worth noting that physical movement doesn’t have to mean exercise. For example, if your goal is to write, then your routine should bring you closer to the physical act of writing.

Step 3: You need to follow the same pattern every single time.

The primary purpose of your pre–game routine is to create a series of events that you always perform before doing a specific task. Your pre–game routine tells your mind, “This is what happens before I do _.”

Eventually, this routine becomes so tied to your performance that by simply doing the routine, you are pulled into a mental state that is primed to perform. You don’t need to know how to find motivation, you just need to start your routine.

This is important because when you don’t feel motivated, it’s often too much work to figure out what you should do next. When faced with another decision, you will often decide to just quit. However, the pre–game routine solves that problem because you know exactly what to do next. There’s no debating or decision making. Lack of motivation doesn’t matter. You just follow the pattern.

How to Stay Motivated for the Long-Run
We have covered some strategies for making it easier to get motivated and start a task. What about maintaining motivation over the long-run? How can you stay motivated for good?

How to Stay Motivated by Using the Goldilocks Rule
Imagine you are playing tennis. If you try to play a serious match against a four-year-old, you will quickly become bored. The match is too easy. On the opposite end of the spectrum, if you try to play a serious match against a professional tennis player like Roger Federer or Serena Williams, you will find yourself demotivated for a different reason. The match is too difficult.

Compare these experiences to playing tennis against someone who is your equal. As the game progresses, you win a few points and you lose a few points. You have a chance of winning the match, but only if you really try. Your focus narrows, distractions fade away, and you find yourself fully invested in the task at hand. The challenge you are facing is “just manageable.” Victory is not guaranteed, but it is possible. Tasks like these, science has found, are the most likely to keep us motivated in the long term.

Human beings love challenges, but only if they are within the optimal zone of difficulty. Tasks that are significantly below your current abilities are boring. Tasks that are significantly beyond your current abilities are discouraging. But tasks that are right on the border of success and failure are incredibly motivating to our human brains. We want nothing more than to master a skill just beyond our current horizon.

We can call this phenomenon The Goldilocks Rule. The Goldilocks Rule states that humans experience peak motivation when working on tasks that are right on the edge of their current abilities. Not too hard. Not too easy. Just right.

Working on tasks that adhere to the Goldilocks Rule is one of the keys to maintaining long-term motivation. If you find yourself feeling unmotivated to work on a task, it is often because it has drifted into an area of boredom or been shoved into an area of great difficulty. You need to find a way to pull your tasks back to the border of your abilities where you feel challenged, but capable.

How to Reach Peak Motivation
This wonderful blend of happiness and peak performance is sometimes referred to as flow. Flow is what athletes and performers experience when they are “in the zone.” Flow is the mental state you experience when you are so focused on the task at hand that the rest of the world fades away.

In many ways, we could describe flow as your state of peak motivation. You would be hard-pressed to find a state where you are more driven to continue the task you are working on.

One factor that researchers have found is linked to flow states is whether or not you are following The Goldilocks Rule we mentioned earlier. If you are working on challenges of optimal difficulty, then you will not only be motivated but also experience a boost in happiness. As psychologist Gilbert Brim put it, “One of the important sources of human happiness is working on tasks at a suitable level of difficulty, neither too hard nor too easy.”

In order to reach this state of peak performance, however, you not only need to work on challenges at the right degree of difficulty, but also measure your immediate progress. As psychologist Jonathan Haidt explains, one of the keys to reaching a flow state is that “you get immediate feedback about how you are doing at each step.”

Thus, we can say that measurement is a key factor in motivation. To put it more precisely, facing an optimal challenge and receiving immediate feedback about the progress you are making toward that challenge are two of the most critical components of peak motivation.

What to Do When Motivation Fades
Inevitably, your motivation to perform a task will dip at some point. What happens when motivation fades? I don’t claim to have all the answers, but here’s what I try to remind myself of when I feel like giving up.

Your Mind is a Suggestion Engine

Consider every thought you have as a suggestion, not an order. Right now, as I’m writing this, my mind is suggesting that I feel tired. It is suggesting that I give up. It is suggesting that I take an easier path.

If I pause for a moment, however, I can discover new suggestions. My mind is also suggesting that I will feel very good about accomplishing this work once it is done. It is suggesting that I will respect the identity I am building when I stick to the schedule. It is suggesting that I have the ability to finish this task, even when I don’t feel like.

Remember, none of these suggestions are orders. They are merely options. I have the power to choose which option I follow.

Discomfort Is Temporary

Relative to the time in your normal day or week, nearly any habit you perform is over quickly. Your workout will be finished in an hour or two. Your report will be typed to completion by tomorrow morning.

Life is easier now than it has ever been. 300 years ago, if you didn’t kill your own food and build your own house, you would die. Today, we whine about forgetting our iPhone charger.

Maintain perspective. Your life is good and your discomfort is temporary. Step into this moment of discomfort and let it strengthen you.

You Will Never Regret Good Work Once It is Done

Theodore Roosevelt famously said, “Far and away the best prize that life has to offer is the chance to work hard at work worth doing.” So often it seems that we want to work easily at work worth doing. We want our work to be helpful and respected, but we do not want to struggle through our work. We want our stomachs to be flat and our arms to be strong, but we do not want to grind through another workout. We want the final result, but not the failed attempts that precede it. We want the gold, but not the grind.

Anyone can want a gold medal. Few people want to train like an Olympian.

And yet, despite our resistance to it, I have never found myself feeling worse after the hard work was done. There have been days when it was damn hard to start, but it was always worth finishing. Sometimes, the simple act of showing up and having the courage to do the work, even in an average manner, is a victory worth celebrating.

This Is Life

Life is a constant balance between giving into the ease of distraction or overcoming the pain of discipline. It is not an exaggeration to say that our lives and our identities are defined in this delicate balance. What is life, if not the sum of a hundred thousand daily battles and tiny decisions to either gut it out or give it up?

This moment when you don’t feel like doing the work? This is not a moment to be thrown away. This is not a dress rehearsal. This moment is your life as much as any other moment. Spend it in a way that will make you proud.

Nepotism and Bollywood

Nepotism” is the practice of favouritism based on kinship. The word finds its origins from the Italian nipote, whichmeans nephew. It was first used in the context of bishops granting favours to their “nephews”, who were often their illegitimate sons. The preferential treatment could range from bequeathing jobs, wealth, property, or even priesthood upon them. ‘Cold and ruthless’, ‘cruel’, ‘an outsider will always feel like an outsider’, ‘shallow industry’ and ‘a hypocritical society.’ No, these aren’t the words I am using for Bollywood, these are the words used by the very members of the film fraternity in the past few days.

As people mourn the death of 34-year-old actor Sushant Singh Rajput, the debate on how ‘Bollywood is a cruel place’ has come back to the limelight.This created an uproar on Twitter. The social media saw trending hashtages like #NepotismBollywood,  #BollywoodBlockedSushant, #MafiaBuisness, #JusticeForSushantSinghRajput,  #KaranJoharIsBULLY and many more. Nepotism isn’t new in the film industry. But rarely do big names touch upon the subject. And when they do, it sets tongues wagging. That’s what happened when actor Kangana Ranaut recently labelled filmmaker Karan Johar the ‘flag bearer of nepotism’

Well, often, people try to seal your fate when they say things like: “Oh! Your father is a business man, tera toh sab set hai, tujhe kya tension”, or “you are good in studies because your mother is a teacher”, or “you score well because you know the questions that will be asked in the exam”.The same is the case with star kids, when we just predict “inka toh set hai, actor hi banenge, ya producer”. We do feel the stress when, as a teacher’s kid, we don’t score well in exams, or choose to take up a job instead of continuing with the family business. For star kids, the pressure must be a lot worse.The other side of the picture is just how hard it is for an outsider to make it in Bollywood. You might have spent countless hours dreaming about working with your favourite actors or directors, but you can’t just walk up to them and ask for work. In fact, even meeting them is an uphill task. These struggles can easily leave one feeling defeated and embittered.

I feel destiny also plays a pivotal role. Filmdom has been kind enough to many actors, who did not have godfathers in films but had talent, which, when combined with luck, helped them in fetching not only work, but also immeasurable love and adulation from the audience. To name only a few such: Shah Rukh Khan, Akshay Kumar, Manoj Bajpayee, Ashutosh Rana, Nawazuddin Siddiqui, Irrfan Khan, Rajkumar Rao and Rajpal Yadav.Since his first movie, Shah Rukh Khan has successfully carved a niche among viewers both in and outside India. He has been enjoying the tag of King Khan of Bollywood for many years.Our favourite Bhaijaan Salman Khan is loved, admired, and idolised by many. But his brothers Sohail Khan and Arbaaz Khan are barely considered actors.

It surely must be nice to be on friendly terms with the big stars of the country, enjoy all the media and public attention, and have a reliable person (parent, sibling) launching and managing my career. The father-son duo of Sunil Dutt and Sanjay Dutt have enjoyed their own share of success, but Sanjay’s involvement in drugs, a ‘Casanova’ image, and his role in the Mumbai blasts case always troubled the his father, the late Sunil Dutt. Another father-son duo, Dharmendra and Sunny Deol, have enjoyed a lot of adulation from the audience. But Dharam ji’s second son, Bobby Deol, who undoubtedly ruled the silver screen for some years, later turned alcoholic and eventually fell into depression after not getting work for many years. After a long break, Bobby Deol was recently seen in the multi-starrer Race 3.Dharmendra and Hema Malini’s daughter Esha Deol, and Jeetendra aka Jumping Jack’s son Tusshar Kapoor, could never really taste success, despite their illustrious parents.However, it would also mean being under scrutiny 24*7, with constant comparisons with my more famous kin.

Not all filmmakers choose actors on the basis of their surname. Director Vishal Bhardwaj, has roped in Dangal star Sanya Malhotra, TV actor Radhika Madan and comedian Sunil Grover in the lead roles for his forthcoming release Pataakha.However, it is equally true that many people get fame and visibility only because of their famous family members. What is Shweta Bachchan’s identity apart from being Amitabh Bachchan and Jaya Bachchan’s daughter and Abhishekh’s sister? The lady recently got to feature alongside her father in an advertisement for Kalyan Jewellers. Who is Mira Rajput? The lady is hogging all media limelight for being Shahid Kapoor’s wife, and has recently debuted as a new face for an Olay advertisement.

This is a never ending debate: Those who are making it big without godfathers are setting an example that nobody can stop talent from shining through. Those who are born with a silver spoon, meanwhile, have to bear the brunt if they fail to shine on the silver screen.

The debate of talent Vs privilege has been a contentious one.But the issue will remain just a ‘buzzword’ if the fraternity doesn’t stand up for what’s right and wrong. As filmmaker Anubhav Sinha says, ‘the Bollywood Privilege Club must sit down and think hard.’

The iPhone shortcut which records when you say ‘I’m getting pulled over’

An iPhone shortcut that allows users to automatically record their interactions with police is gaining popularity.Once installed, a user can simply say “Siri, I’m getting pulled over” or clicks a button on the screen saver to activate.

The shortcut will pause music, turn down the brightness and volume, place the phone in the “Do Not Disturb” mode to block any incoming calls, and start a video recording on the front-facing camera.

An alert will also be sent to a friend or close contact to inform them of the situation and your location. After the video is saved, another message will be sent saying that the user is safe.

The independent shortcut was developed by Robert Petersen and first released on Reddit in 2018.Petersen told Business Insider in 2018 that the app is essentially the “civilian equivalent” of body cameras worn by many police officers.

The developer has added on Twitter that none of the police officers he has spoken to “have had any issue with it all” and that he “has his reasons” behind the technology.

Its rise in popularity comes amid the widespread global protests and anger over police brutality.Thousands of people have marched against police violence since the killing of George Floyd in Minneapolis on May 25.

Video captured on mobile devices shared the fatal arrest of Floyd on social media.The shortcut can only be downloaded and installed from Apple’s browser, Safari, on iPhone, and is not currently available on the smartphone’s app store.

Link to activate this feature :-

https://www.icloud.com/shortcuts/cc95be30b285469ea22b7cff11ce0737

This also no direct Android equivalent of the shortcut, but similar apps can be found on the Google Play Store to discreetly record videos.

Educationists call for cancellation of JEE and NEET

As the covid 19 cases increasing swiflys in india and everyone is under distress during this pandemic it effecting especially the students as many of education institutions are planning to have their regular exams.But how will be it possible ? How will they condect it ? And most important question what are the measures for student saftys? 

All over the country students are demanding for cancelling the exams this year.Apart from students,  educationists are also calling for scrapping of all india level entrance exams this year.

Dr.  R Murali,Tamil Nadu secretary said ” everyone is under distress during this movie 19 pandemic and cases are only expected to increase in July and August. An examination for crores of students across the country would be higlhy impossible to be held safely At least for this one year, the exams must be scrapped for students sake. 
The main reason behind the scrapping exams said that studetst are facing mental pressures during this period.

They are proposing for an alternative assessment for admission to student.
It will me more better to consider scools borad exams marks than entrance exams.
On the other hand many of are saying that exams should not be cancle but just postponed it till the covid 19 situation is under control as many of students have prepared day and night for entrance exam plus many students do not done good in board exams.