Month: June 2020

Independence and Fearlessness of Judiciary not only Expected from Superior Courts but also from District Judiciary

It is most pleasing, most heartening and most refreshing to learn that the highest court of India that is the Supreme Court has most recently on September 26, 2019 in a latest, landmark and extremely laudable judgment titled Krishna Prasad Verma (D) Thr. LRs Vs State of Bihar & Ors in Civil Appeal No. 8950 of 2011 has minced absolutely no words to underscore clearly, convincingly and categorically the independence, sanctity and fearlessness of judiciary. No nation can function smoothly where judiciary does not function independently. While quashing disciplinary action taken against a judicial officer, the Supreme Court took a strong and commendable stand that independence and fearlessness of judiciary is not only expected at the level of the superior courts but also from the district judiciary.  

                                       To start with, this extremely commendable judgment authored by Justice Deepak Gupta (oral) for himself and Justice Aniruddha Bose in its introductory part that is para 1 of this judgment sets the flow by first and foremost observing most rightly that, “In a country which follows the Rule of Law, independence of the judiciary is sacrosanct. There can be no Rule of Law, there can be no democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary.” Who can deny this? All those who form a part of the District judiciary must also always bear this in mind while deciding cases!

                                       While continuing in the same vein and taking it further, it is then pointed out in para 2 that, “Most litigants only come in contact with the District judiciary. They cannot afford to come to the High Court or the Supreme Court. For them the last word is the word of the Magistrate or at best the Sessions Judge. Therefore, it is equally important, if not more important, that the judiciary at the District Level and at the Taluka level is absolutely honest, fearless and free from any pressure and is able to decide cases only on the basis of the facts on file, uninfluenced by any pressure from any quarters whatsoever.”

                                            To be sure, it is then further pointed out in para 3 that, “Article 235 of the Constitution of India vests control of the subordinate Courts upon the High Courts. The High Courts exercise disciplinary powers over the subordinate Courts. In a series of judgments, this Court has held that the High Courts are also the protectors and guardians of the judges falling within their administrative control. Time and time again, this Court has laid down the criteria on which actions should be taken against judicial officers. Repeatedly, this Court has cautioned the High Courts that action should not be taken against judicial officers only because wrong orders are passed. To err is human and not one of us, who has held judicial office, can claim that we have never passed a wrong order.”

                                           It is remarkable to note that the top court in this extremely landmark judgment has very candidly admitted in para 3 that to err is human and made it amply clear that no Judge of Supreme Court also can claim that he/she has never passed a wrong order! This is really laudable and all Judges even of the Supreme Court and even the Chief Justice of India must always remember this! There can be no denying it!

                                       Needless to say, it is then also however, made absolutely clear in para 4 that, “No doubt, there has to be zero tolerance for corruption and if there are allegations of corruption, misconduct or of acts unbecoming a judicial officer, these must be dealt with strictly. However, if wrong orders are passed that should not lead to disciplinary action unless there is evidence that the wrong orders have been passed for extraneous reasons and not because of the reasons on the file.”

                                 Briefly stated, it is then held in para 5 that, “We do not want to refer to too many judgments because this position has been laid down in a large number of cases but it would be pertinent to refer to the observations of this Court in Ishwar Chand Jain Vs. High Court of Punjab & Haryana and another, (1988) 3 SCC 370, wherein this Court held as follows:

“14. Under the Constitution the High Court has control over the subordinate judiciary. While exercising that control it is under a constitutional obligation to guide and protect judicial officers. An honest strict officer is likely to have adversaries in the mofussil courts. If complaints are entertained on trifling matters relating to judicial orders which may have been upheld by the High Court on the judicial side no judicial officer would feel protected and it would be difficult for him to discharge his duties in an honest and independent manner. An independent and honest judiciary is a sine qua non for rule of law. If judicial officers are under constant threat of complaint and enquiry on trifling matters and if High Court encourages anonymous complaints to hold the field the subordinate judiciary will not be able to administer justice in an independent and honest manner. It is therefore imperative that the High Court should also take steps to protect its honest officers by ignoring ill-conceived or motivated complaints made by the unscrupulous lawyers and litigants. Having regard to facts and circumstances of the instant case we have no doubt in our mind that the resolution passed by the Bar Association against the appellant was wholly unjustified and the complaints made by Shri Mehlawat and others were motivated which did not deserve aany credit. Even the vigilance Judge after holding enquiry did not record any finding that the appellant was guilty of any corrupt motive or that he had not acted judicially. All that was said against him was that he had acted improperly in granting adjournments.””     

                                          As a corollary, it is then laid down in para 6 that, “Thereafter, following the dicta laid down in Union of India & Ors. Vs. A.N. Saxena, (1992) 3 SCC 124 and Union of India & Ors. Vs. K.K. Dhawan, (1993) 2 SCC 56, this Court in P.C. Joshi Vs State of U.P. & Ors. (2001) 6 SCC 491, held as follows:

“7. In the present case, though elaborate enquiry has been conducted by the enquiry officer, there is hardly any material worth the name forthcoming except to scrutinize each one of the orders made by the appellant on the judicial side to arrive at a different conclusion. That there was possibility on a given set of facts to arrive at a different conclusion is no ground to indict a judicial officer for taking one view and that too for alleged misconduct for that reason alone. The enquiry officer has not found any other material, which would reflect on his reputation or integrity or good faith or devotion to duty or that he has been actuated by any corrupt motive. At best, he may say that the view taken by the appellant is not proper or correct and not attribute any motive to him which is for extraneous consideration that he had acted in that manner. If in every case where an order of a subordinate court is found to be faulty a disciplinary action were to be initiated, the confidence of the subordinate judiciary will be shaken and the officers will be in constant fear of writing a judgment so as not to face a disciplinary enquiry and thus judicial officers cannot act independently or fearlessly. Indeed the words of caution are given in K.K. Dhawan case and A.N. Saxena case that merely because the order is wrong or the action taken could have been different does not warrant initiation of disciplinary proceedings against the judicial officer. In spite of such caution, it is unfortunate that the High Court has chosen to initiate disciplinary proceedings against the appellant in this case.””

                                      While endorsing this again, it is then pointed out in para 7 that, “In Ramesh Chander Singh Vs. High Court of Allahabad & Anr. (2007) 4 SCC 247, a three-judge Bench of this Court, after considering the entire law on the subject, including the authorities referred to above, clearly disapproved the practice of initiating disciplinary proceedings against the officers of the district judiciary merely because the judgment/orders passed by them are wrong.”

                                       More importantly, it is then made clear in para 8 that, “No doubt, if any judicial officer conducts proceedings in a manner which would reflect on his reputation or integrity or there is prima facie material to show reckless misconduct on his part while discharging his duties, the High Court would be entitled to initiate disciplinary cases but such material should be evident from the orders and should also be placed on record during the course of disciplinary proceedings.”

                                    On a different note, it is then pointed out in para 9 that, “Coming to the facts of this case there are two charges against the appellant, who was a judicial officer. The charges are as follows:

                                     CHARGE-1

“You, Sri Krishna Prasad Verma while functioning as Additional Distt. & Sessions Judge, Chapra granted bail to M/s Bishwanath Rai and Pradeep Rai on 11.7.2002 in S.T. No. 514 of 2001 arising out of Chapra (M) Khatra P.S. Case No. 453/2000 registered U/s 302/34 I.P.C. notwithstanding the fact that the bail petitions of Bishwanath Rai was earlier rejected by this Hon’ble Court vide order dated 27.3.2001 and 4.7.2001 passed in Cr. Misc. No. 34144/2000 and 15626/2001 respectively, that of Sheo Nath Rai vide order 13.2.2001 and 26.11.2001 passed in Cr. Misc. No. 3387/2001 and Cr. Misc. No. 30563/2001 respectively and that of Pradeep Rai vide order dated 28.2.2001 passed in Cr. Misc. No. 3599/2001.

The aforesaid act on your part is indicative of some extraneous consideration which tantamount to gross judicial impropriety, judicial indiscipline, lack of integrity, gross misconduct and an act unbecoming of a Judicial Officer.

                                    CHARGE-2

You, Sri Krishna Prasad Verma while functioning as Additional District and Sessions Judge, Chapra with an intent to acquit Raju Mistry, the main accused in N.D.P.S. Case No. 15/2000 arising out of Revealganj P.S. Case No. 137/2000 (G.R. No. 1569 of 2000) registered under sections 22, 23 and 24 of the Narcotics Drugs and Psychotropic Substances Act, 1985 closed the proceeding in great haste resulting in acquittal of Raju Mistry, who was charged of driving a Jeep bearing No. W.B.C. 4049 carrying 90 Kg. Charas, without exhausting all coercive methods to record the statement of the Investigating Officer of the case as there is no proof on the record to show that the non-bailable warrant issued against the said Investigating Officer was ever served on him.

The aforesaid act on your part is indicative of some extraneous consideration which tantamount to gross judicial impropriety, judicial indiscipline, lack of integrity, gross misconduct and an act unbecoming of a Judicial Officer.””

                                    To put things in perspective, it is then elaborated upon in para 10 that, “As far as the first charge is concerned, a major fact, which was not considered by the enquiry officer, the disciplinary authority as well as the High Court was that the Additional Public Prosecutor, who had appeared on behalf of the State had not opposed the prayer of the accused for grant of bail. In case, the public prosecutor does not oppose the bail, then normally any Judge would grant bail.”

                                What’s more, it is then stated in para 11 that, “The main ground to hold the appellant guilty of the first charge is that the appellant did not take notice of the orders of the High Court whereby the High Court had rejected the bail application of one of the accused vide order dated 26.11.2001. It would be pertinent to mention that the High Court itself observed that after framing of charges, if the non-official witnesses are not examined, the prayer for bail could be removed, but after moving the Lower Court first. The officer may have been guilty of negligence in the sense that he did not carefully go through the case file and did not take notice of the order of the High Court which was on his file. This negligence cannot be treated to be misconduct. It would be pertinent to mention that the enquiry officer has not found that there was any extraneous reason for granting bail. The enquiry officer virtually sat as a court of appeal picking holes in the order granting bail.”

                                           Be it noted, it is then illustrated in para 12 that, “It would be important to mention that it seems that later it was brought to the notice of the appellant that he had not taken note of the order of the High Court while granting bail on 11.07.2002. Thereafter, he issued notice to all the three accused on 23.08.2002 i.e. within less than two months and cancelled the bail granted to all the three accused on 11.07.2002. If he had made the mistake of not seeing the whole file, on that being brought to his notice, he corrected the mistake. After the appellant cancelled the bail and the accused were again arrested, they again applied for bail and this bail application was rejected by the appellant on 18.12.2002.”

                                 What we then see being unearthed is pointed out in para 13 that, “After rejection of the bail application of the accused, two out of three accused moved the High Court. The High Court granted bail to one of the accused and the bail application of the other was rejected, not on merits but on the ground that he did not disclose the fact that he had earlier moved the High Court for grant of bail. This itself is clear indicator of the fact that probably even the order passed by the appellant is not an incorrect one.”

                                 Moving on, it is then further pointed out cogently in para 14 that, “Coming to the second charge, which is under the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “NDPS”). On 18.07.2002 the appellant, a Special Judge, closed the evidence of the prosecution which resulted in material witnesses not being examined and consequently the accused was acquitted. As far as this obligation is concerned, the enquiry officer on the basis of the statements of two clerks of the Court has made lengthy observations that the appellant did not send any communication to the Superintendent of Police, the District Magistrate and other authorities to ensure the production of the witnesses. According to the enquiry officer, this being a serious matter, the evidence should not have been closed and the appellant should have made efforts to approach the senior officials to get the witnesses produced. The Code of Criminal Procedure or the NDPS Act do not provide for any such procedure. It is the duty of the prosecution to produce the witnesses. Even in this case, interestingly, the Public Prosecutor had made a note on the side of the daily order-sheet that he is unable to produce the witnesses so the evidences may be closed. We fail to understand how the appellant has been hanged whereas no action has been taken or recommended against the Public Prosecutor concerned. We are constrained to note that the enquiry officer, while conducting the enquiry, has noted, while considering the arguments of the delinquent official, that he had raised a plea that he closed the evidence because the Public Prosecutor had made the statement, but while holding the appellant guilty of misconduct no reference has been made to the statement of the Public Prosecutor.”

                           Interestingly enough, it is then enunciated in para 15 that, “We may also note that the case of the appellant is that he had given 18 adjournments for production of the witnesses to the prosecution in the NDPS case. Such a judicial officer is between the devil and the deep sea. If he keeps on granting adjournments then the High Court will take action against him on the ground that he does not dispose of his cases efficiently and if he closes the evidence then the High Court will take action on the ground that he has let the accused go scot-free. That is not the purpose of Article 235 of the Constitution of India. That is why we again repeat that one of the responsibilities of the High Court on the administrative side is to ensure that the independence of the District judiciary is maintained and the High Court acts as a guardian and protector of the District judiciary.”

                         More consequentially, it is then enunciated in para 16 that, “We would, however, like to make it clear that we are in manner indicating that if a judicial officer passes a wrong order, then no action is to be taken. In case a judicial officer passes orders which are against settled legal norms but there is no allegation of any extraneous influences leading to the passing of such orders then the appropriate action which the High Court should take is to record such material on the administrative side and place it on the service record of the judicial officer concerned. These matters can be taken into consideration while considering career progression of the concerned judicial officer. Once note of the wrong order is taken and they form part of the service record these can be taken into consideration to deny selection grade, promotion etc., and in case there is a continuous flow of wrong or illegal orders then the proper action would be to compulsorily retire the judicial officer, in accordance with the Rules. We again reiterate that unless there are clear-cut allegations of misconduct, extraneous influences, gratification of any kind etc., disciplinary proceedings should not be initiated merely on the basis that a wrong order has been passed by the judicial officer or merely on the ground that the judicial order is incorrect.”

                               Finally, it is then held in the last para 17 that, “In view of the above discussion, we allow the appeal, set aside the judgment of the High Court and quash all the orders passed against the delinquent officer. He is directed  to be given all consequential benefits on or before 31.12.2019. The appeal is allowed with costs of Rs 25,000/-.”

                                       In summary, it is a very well written judgment which leaves no room for doubt whatsoever! All the Judges of the District Judiciary must abide in letter and spirit what has been held so rightly and brilliantly in this extremely landmark judgment by the top court! All the Superior Courts must also follow it and respect the District judiciary as directed in the said order!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Rights of Victims and Society at Large not Subservient to Rights of Accused

It has to be said right at the outset that a two Judge Bench of the Apex Court comprising of Justice Navin Sinha and Justice BR Gavai just recently on October 4, 2019 in Fainul Khan vs State of Jharkhand and another in Criminal Appeal No(s). 937 of 2011 with Criminal Appeal No(s). 938 and 939 of 2011 has very rightly maintained that the rights of victim and society at large cannot be subservient to rights of accused. The accused certainly has the right to get a fair trial but what also cannot be denied is that the rights of victim and society at large cannot be accorded any inferior position. There has to be a fair and proper balance between the rights of victim and society at large on the one hand and the rights of the accused on the other hand.

                                     To start with, this notable judgment authored by Justice Navin Sinha for himself and Justice BR Gavai first and foremost set the ball rolling by pointing out in para 1 that, “The appellants are aggrieved by their conviction under Section 302/149 of the Indian Penal Code (IPC) sentencing them to rigorous imprisonment for life, along with conviction under Sections 323/149 and 147 IPC, sentencing them to varied terms of imprisonment under the same. The sentences have been directed to run concurrently.” The appellants had high hopes that their sentence would be reduced. This alone explains why they preferred this appeal!

                                        To recapitulate, it is then unfolded in para 2 that, “The occurrence is said to have taken place on 01.11.1983 at about 06.30 PM. The accused were variously armed with spears and lathis. P.W.7 and 8 are stated to be injured eye witnesses. P.W.6 also claimed to be an eye witness. The police report was lodged by P.W.8 at the hospital.”

                             While presenting the appellant’s version, it is then pointed out in para 3 that, “Learned Senior Counsel Shri Sidharth Luthra making the lead arguments on behalf of the appellants submitted that charge was framed under Sections 302/149 and 323/149 IPC against six persons. But the charge framed under Section 147 was defective being against four persons only and without the aid of Sections 141 and 146. It was next submitted that the appellants have been seriously prejudiced in their defence because proper opportunity to defend was denied under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.) as the incriminating questions put to them were extremely casual and perfunctory in barely two pages. All relevant questions with regard to the accusations were not put to the appellants, denying them the opportunity to present their defence. It cannot be considered as a mere irregularity, to hold that no prejudice has been caused to the appellants. Emphasising the inconsistencies in the prosecution evidence it was submitted that P.W.7 claims lathi injury on his thigh and leg, but P.Ws6 and 8 are silent on the role of appellant Fainul Khan, and appellant Mir Shaukat is stated to have assaulted on the thigh of P.Ws.6 and 7 when according to the F.I.R. he hit on the head of P.W.8. Reliance in support of the submissions was placed on Masalti vs. State of U.P., AIR 1965 SC 202, Ranvir Yadav vs. State of Bihar, (2009) 6 SCC 595 and Samsul Haque vs. State of Assam, (2019) SCC Online 1093; 2019 (11) SCALE 458.”

                                     Furthermore, para 4 says that, “It was next submitted that P.W.6 was not an eye witness to the assault. He had arrived upon hearing the commotion after the appellants had left and the deceased was lying on the ground. P.W.6 also does refer to the presence of P.W.7 at the place of occurrence.” Also, para 5 then states that, “The evidence of P.Ws 6 and 8 to be injured eye witnesses was also challenged in absence of any injury report with regard to them. False implication of the appellants could not be ruled out in view of previous enmity having been admitted by the prosecution witnesses. P.W.8 deposed that the deceased was assaulted on his head from behind and fell on his face, but no facial injury has been found on the deceased.”

                                  Not stopping here, it is then illustrated in para 6 that, “The deceased was assaulted with a spear by accused Siddiq and Zabbar. The allegations of assault by the appellants on the deceased with a lathi are omnibus, since only one bruise has been found on the upper arm. There existed no common object because in that event nothing prevented the appellants from individual assaults each on a sensitive part of the body of the deceased, such as the head. Alternatively, the three appellants at best may be liable for a lesser offence relying on Najabhai Desurbhai Wagh vs. Valerabhai Deganbhai Vagh and Ors., (2017) 3 SCC 261.”

                                   On the contrary, it is then pointed out in para 7 that, “Learned counsel for the State submitted that there was no lacunae in the examination of the accused under Section 313 Cr.P.C. In any event the appellants have not been able to demonstrate any prejudice. Moreover this objection cannot be raised at the present belated stage when it had not been raised at any earlier stage. Reliance was placed on Shobhit Chamar vs. State of Bihar, (1998) 3 SCC 455 and Fahim Khan vs. State of Bihar, (2011) 13 SCC 142.”  

                                     What’s more, it is then argued on behalf of the State by the learned counsel in para 8 that, “The absence of any injury report with regard to P.Ws.7 and 8 may at best be a case of defective investigation. It cannot discredit them as injured eye witnesses in view of the nature of their oral evidence and that of P.W.11, the officer-in-charge of the Kisko police station where the deceased and the injured were taken for treatment. There are concurrent findings with regard to the presence of the appellants. There is ample evidence of the appellants sharing a common object with the co-accused.”

                                After hearing both the parties, it is then observed by the Bench in para 9 that, “We have considered the submissions on behalf of the parties as also perused the materials on record. Originally there were six accused. Two of them have since been deceased and the fate of one is not known. Section 464, Cr.P.C provides as follows:-      

        “464. Effort of omission to frame, or absence of, or error, in charge. – (1) No finding, sentence or order by a Court of competent jurisdiction shall be invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

                                          xxx”

The appellants were well aware that six of them were charged together for a common assault under Sections 302/149 and 323/149 because of their sharing a common object. The appellants were also aware that two of the accused were carrying a deadly weapon, spears, and which were used for assault. We are therefore of the considered opinion that no prejudice has been caused to the appellants and the omission by the court in framing charge under Section 147 alone against four persons only was a mere inadvertent omission. The presence of one bruise injury on the deceased is also not considered relevant in the facts of the case. The objection about a defective charge, without any evidence of the prejudice caused, has been raised for the first time in the present appeal and for that reason also merits no consideration.”  

                                    Be it noted, it is then envisaged in para 10 that, “P.W.8 and the deceased were going together when they were surrounded and assaulted by the accused persons. We do not find any lacunae in the evidence or cross-examination of the witness to doubt his presence and the injuries suffered by him in the same occurrence. P.W.7, a resident of the locality and an independent witness also suffered injuries during the same occurrence. However, we are not satisfied that P.W.6 is an eye witness. The witness was at home and reached the place of occurrence after hearing the commotion by which time the deceased was lying on the ground. P.W.7 deposed that P.W.6 reached after him. P.W.7 deposed of assault by appellant Sainul upon P.W.8 with lathi and also upon the witness himself by appellants Fainul and Mir Shaukat causing injuries on his head and right hand. Appellant Mir Shaukat is also stated to have assaulted the witness on his thigh with lathi. P.W.8 deposed that the accused surrounded him and the deceased. Appellant Sainul assaulted the deceased on the head. The witness was assaulted on his face, head and hand with the lathi. Both the witnesses deposed that they were then taken to the hospital along with the deceased where their injuries were examined. P.W.8 during the course of his deposition also showed the scars caused to him by his injuries, noticed by the trial judge. The statement of the two witnesses is also stated to have been recorded at the hospital. The fact that there is no injury report, in our opinion, can at best be classified as a defective investigation but cannot raise doubts about the credibility of their being injured witnesses in the same occurrence. The fact that P.W.8 may be related to the deceased or previous enmity existed, are irrelevant in the facts of the case. P.W.11, the officer-in-charge of the Kisko police station where the deceased and injured were taken, has specifically deposed that he submitted a request for the injury report of the witnesses and pursuant to which their injury reports were made available to him. Only thereafter was the charge sheet submitted by him. We do not find any material in his cross-examination to discredit his statements.”  

                                           Briefly stated, para 11 then brings out that, “Section 313, Cr.P.C. incorporates the principle of audi alteram partem. It provides an opportunity to the accused for his defence by making him aware fully of the prosecution allegations against him and to answer the same in support of his innocence. The importance of the provision for a fair trial brooks no debate.”

                                 While adding a caveat, it is then very rightly enunciated in para 12 that, “But equally there cannot be a generalized presumption of prejudice to an accused merely by reason of any omission or inadequate questions put to an accused thereunder. Ultimately it will be a question to be considered in the facts and circumstances of each case including the nature of other evidence available, the kind of questions put to an accused, considered with anything further that the accused may state in his defence. In other words, there will have to be a cumulative balancing of several factors.”

                           Most importantly, it is then very rightly underscored further in this same para 12 that, “While the rights of an accused to a fair trial are undoubtedly important, the rights of the victim and the society at large for correction of deviant behaviour cannot be made subservient to the rights of an accused by placing the latter at a pedestal higher than necessary for a fair trial.”

                                    Needless to say, it is then also clarified in para 13 that, “In the facts of the present case, considering the nature of ocular evidence available of the injured witnesses P.Ws.7 and 8 who have also been cross-examined by the appellants, and the evidence of P.W.11, we are of the considered opinion that no prejudice has been caused to the appellants. A specific question was put to the appellants that they participated in an unlawful assembly with the common object of murdering the deceased. Further, it was also put to them that they had caused injuries to P.W.7 and 8. Merely because no questions were put to the appellants with regard to the individual assault made by each of them, it cannot be said in the facts of the case that any prejudice has been caused to them.” It is also made clear in this same para further that, “The appellants did not offer any explanation or desire to lead evidence except for stating that they had been falsely implicated.”

                               It would be imperative to now mention that it is then stated in para 17 that, “In view of the above discussion we regret our inability to consider the alternative submission of Shri Luthra. The appellants were undoubtedly the members of an unlawful assembly some of whom were also armed with spears and assaulted the deceased. All the accused surrounded the deceased obviously to prevent his escape. The initial assault was made on the head of the deceased with the lathi by appellant Sainul. The deceased fell down and when he was trying to stand up, he was assaulted by two persons with spears. P.W.7 was assaulted on the head by appellant Fainul. In the fracas the fact that the assault by appellant Mir Shaukat landed on the thigh of the witness is not of much relevance. Likewise, P.W.8 was assaulted by appellant Sainul on the face and head. The fact that the co-accused may have assaulted on the head again cannot be considered very relevant to eschew the absence of common object.”

                                     Finally, it is then held in the last para 18 that, “We, therefore, find no reason to interfere with the conviction of the appellants. The appeals are dismissed. The appellants are stated to be on bail. Their bail bonds are cancelled and they are directed to surrender forthwith to serve out remaining period of sentence.”

                                             We thus see that the appellants appeals fail to find any favour with the top court. We also see that the Bench gives fair and adequate reasons for rejecting their appeals. So their bail bonds also stand cancelled! They have now no option but to surrender forthwith and serve out the remaining period of sentence which is indispensable now!  

                                              To sum up, it is a very well balanced and well written judgment which makes it absolutely clear that while it is true that the accused has a right to get a fair trial which is very important also but what is equally important is that the rights of the victim and also the society at large for correction of deviant behaviour cannot be made subservient to the rights of an accused by placing the latter at a pedestal higher than necessary for a fair trial. There has to be a proper balance which is what has been underscored also very aptly by the top court in this noteworthy case also! Very rightly so!   

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Businesses that are majorly affected!!!

In the pandemic situation where the world seeks a miracle of vaccines, there are many business that came to halt or even they are going to be shut soon. Currently the major task of ours is to stop the spreading of corona virus. It is wisely said “If there is Health there is Wealth”. First we need to cope up with the pandemic situation and then business can be again built, if we stay alive.

CNBC Global CFO survey says that 40% of the business are facing the problem in transportation of the goods and it is expected that it would take more 5-6 months to start and run normally (25% of them said 6 months and other would take a long than that).

intermodal container stacked on port
Photo by Samuel Wölfl on Pexels.com

 

 “Nobody knows. The economic issues are totally driven by public health issues. You tell me how long we will be at home and I will tell you how long it will take for the economy and supply chains to recover.”

-words of Yossi Sheffi, Professor at Massachusetts Institute of Technology and the director of the MIT Center for Transportation and Logistics. Yossi Sheffi further says, if we want to build our business again as soon as possible than there is only one way out to do this and that is to join the war again corona virus and defeat it as early as possible, this epic war is started by many of the companies with their different types of help they can provide, like wise:

  • Auto manufacturers like Tesla and GM motors are providing ventilators to the hospital.

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(Image source: LosAngelesTimes)

  • Apple and Facebook are the largest in supplying protective mask in the U.S.

woman in face mask using smartphone
Photo by Anna Shvets on Pexels.com

  • HanesBrands in contract with US federal government has decided to make cotton mask when the use of N-95 mask will be minimum. They decided to make 1.5 million mask weekly, and further if needed can go upto 5-6 million mask per week.

close up of face masks
Photo by Karolina Grabowska on Pexels.com

The supply chain is completely disturb there is over manufacturing as there is no one to load and unload the trucks. Border shipping is still allowed but shipping through overseas it still a major concern. There will be also huge disturb in supply chain of for pre-planned Indian weddings, as now weddings are postponed or might be done in simple way, the business related to it like party plots, wedding photographers, ca tress, decorators, wedding materials, transportation, apparels and even small-small business related to it. A single event covers many business so all the business are affected largely.

group of people gathering inside room
Photo by Vireshstudio photographer on Pexels.com

 

The business of theater and restaurant are also at halt, which may cause a major set back as there are many of the workers working in restaurant it self. In film industry too many of the workers are engaged.

 

 

 

 

 

 

World Day Against Child Labour

June 12 is known as the World Day Against Child Labour. Each year on this day, the world day brings the government, employers and millions of people all stand together, to highlight the plight of child labour and the steps needed to eradicate the problem. This day was invented by International Labour Organization (ILO) in the year 2002 to bring attention to child labour and the efforts and actions needed to eliminate a worldwide issue. World Day Against Child Labour 2020 will focus on the result of crisis on child labor, in light of the COVID-19 health pandemic and the resulting economic and labor market shock. 

 According to the International Labour Organization (ILO) defines child labor as “work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.”  According to the ILO, child labor refers to work including::

  • is mentally, physically, socially or morally dangerous and harmful to children; and
  • interferes with their schooling by:
  • depriving them of the opportunity to attend school;
  • obliging them to leave school prematurely; or
  • requiring them to attempt to combine school attendance with excessively long and heavy work.

According to Census 2011, 10.1 million children are a victim of child labor in India and 168 million worldwide. These children are often working under hazardous and dangerous working conditions. In many cases, child labor exits because to sort of pool in the family income, which is required in poor families. It is more common in the poorest areas. However, the rate has decreased from 2001 to 2011. 

“Child” as defined by the child labor (prohibition and regulation) Act 1986, is a person who has not completed the age of 14 years. People under the age of 18 should be encouraged to study and not to work as they are the future of our country. But unfortunately, due to the socio-economic problems children are forced to work in industries, leather factories, hotels and eateries. Industries such as bangle making require delicate hands and little fingers to do minute work with a lot of glass work which increases the risk. This often results in eye accidents of the children and completely ruin their rest of the lives. 

Ways to reduce the problem-

The government should take required actions and steps to reduce poverty by providing more job opportunities for their parents. As we have heard, “education is the key”, the government must allocate necessary funds to provide education to poor children. Strict punishments and fines should be made for people violating the child labor act. People who report such crime must be encouraged and awarded. There should be more awareness and education regarding child labor and the reasons to not continue it. We see child labor around us almost every other day and yet we ignore it. Some of the maids working at our homes are underage. Children we see on red lights selling balloons or polishing our shoes. It is illegal yet so common. We should stand together and against child labor not just today but everyday. 

Article 370 And Article 35A Are Nothing But Treacherous

“Mr Abdullah, you want that India should defend Kashmir. You wish India should protect your borders, she should build roads in your area, she should supply you food grains, and Kashmir should get equal status as India, but you don’t want India and any citizen of India to have any rights in Kashmir and Government of India should have only limited powers. To give consent to this proposal would be a treacherous thing against the interests of India, and I, as the Law Minister of India, will never do. I cannot betray the interests of my country.”

– Dr BR Ambedkar cited as saying in the book ‘Dr BR Ambedkar Framing Of Indian Constitution’ by Dr SN Biusi

To start with, Dr BR Ambedkar who is the founding father of our Constitution and the first Union Law Minister of India was absolutely shell shocked to hear the absurd proposal that no Indian would be allowed to settle in Jammu and Kashmir nor be allowed to buy any property there or apply for any job there under the garb of protecting people from Jammu and Kashmir! Not just this if any woman from J&K marries anyone outside the state she would lose all her rights and if she marries someone from Pakistan then she would lose no rights and the Pakistani men would gain all the rights! Nothing on earth can be more disgraceful than this and this we see Dr Ambedkar reflecting in his words also!

To be sure, Dr Ambedkar stoutly opposed granting the special status to Jammu and Kashmir. He also opposed Article 370 as he knew that it would be detrimental to our country’s national interests and separate flag, separate Constitution, separate citizenship, separate law would only encourage more secession and separatism and that is what has happened in last 72 years! We all have seen for ourselves how the entire nation bursted in joy and Indians living all across the globe also celebrated hugely the abrogation of Article 370 and Article 35A of the Constitution after the President gave his approval to the same! Union Home Minister Amit Shah who tabled the Jammu and Kashmir Reorganisation Bill, 2019 and the statutory resolutions in Rajya Sabha around 11 am after the Union cabinet met at Prime Minister Narendra Modi’s residence at 9.30 am to grant the go-ahead said that, “Article 370 was a temporary provision…how long can a temporary provision be allowed to continue…After abrogation of Article 370, Jammu and Kashmir will truly become an integral part of India.” Saying Article 370 was at the root of terrorism, Amit Shah told the House that full state status will be restored to Jammu and Kashmir at an appropriate time when normalcy returns. He rightly said that the decision to do away with the special status of J&K and to bifurcate the state into two UTs was in the supreme national interest! No denying it!

As it turned out, Amit Shah rose to place four matters before the Rajya Sabha which are as follows:-

1. Constitution (Application to Jammu & Kashmir) Order, 2019 issued by President of India to supersede the 1954 order related to Article 370.

2. Resolution for the repeal of Article 370 of the Constitution of India.

3. Jammu & Kashmir (Reorganisation) Bill, 2019 by which Jammu and Kashmir which earlier was a state was now proposed to be converted to two Union Territories – Jammu and Kashmir with legislature and Ladakh without a legislature.

4. Jammu & Kashmir Reservation (Second Amendment) Bill, 2019 providing for 10 percent reservation for SC, ST and OBCs in J&K

Eminent jurist and senior Supreme Court advocate Mohan Parasaran who is also the former Solicitor General of India candidly says that, “From a personal point of view, the GoI needs to be congratulated for uniting the country, as there was always a feeling that Jammu and Kashmir was truly not part of India, but part of the nation for historical purposes. This was exploited by politicians, and led to communal forces gaining control, post-Independence, and terrorism taking a lead role. Keeping aside the legal issues, the GoI’s intention has to be appreciated as one which is to bolster the sovereignty and integrity of the country.”

It is for the first time that we saw even many opposition parties supporting the Centre’s move. Even though Congress party opposed it but many of its tall leaders openly hailed it and former Union Law Minister Ashwani Kumar even termed it as a daring move! No doubt, the scrapping of Presidential proclamation of 1954 by the Constitution (Application to Jammu and Kashmir) Order, 2019 which was passed on August 5 in concurrence with the Government of the State of Jammu and Kashmir with immediate effect is the most boldest step by any government in India since independence! This is a more bolder step than even surgical strikes of 2016 or the Balakot air strikes! This alone explains that why even Sushma Swaraj who was the former Union External Affairs Minister and who expired just recently before dying left a most memorable tweet in which she expressed her utmost happiness in the following words, “Thank you Prime Minister. Thank you very much. I was waiting to see this day in my lifetime.”

Finally and most importantly, the integration of Jammu and Kashmir with India is now full and final! No country has no business to comment on our internal affairs! UK should mind its own business and set its own house in order before pointing fingers at India as rightly advised by Naomi Canton who herself a British citizen very rightly said that, “India, to its credit, has stayed neutral on Brexit, saying it is a sovereign matter, even indicating a favourable post-Brexit trade deal. Yet several British MPs have felt the right to publicise their views on Kashmir. Would British people expect Indian MPs to write to Prime Minister Narendra Modi and the UN asking both to intervene in Brexit? Will New York Times or Guardian demand that non-Muslims should not be allowed to settle in these locations in Detroit or Bradford where there is a majority of Muslim inhabitants? If the editors find such an idea absurd, why are they backing it in India? It is an inconvenient truth that those British MPs who say that “the removal of Artticle 370 betrays the trust of the people of Jammu and Kashmir” are the same people who wish to ignore the results of the 2016 EU referendum. Jammu and Kashmir will become two Union Territories on October 31 on exactly the same day the UK will leave the EU.”

No doubt, China should also first itself vacate the territory of Jammu and Kashmir illegally ceded by Pakistan to it and not lecture us! Similarly Pakistan should also vacate the area of Jammu and Kashmir which is in its illegal occupation! It is heartening to note that the UN also refused to intervene in between when Pakistan pleaded before it! Article 370 and Article 35A only were serving as weapons to further the dangerous, dubious and deplorable agenda of Pakistan to alienate the people of Jammu and Kashmir from the rest of India and this alone explains why it fumed and fulminated most when it was scrapped and so it is absolutely right that both these articles have been virtually dumped now!

It gives a great deal of satisfaction to note that the integration of Jammu and Kashmir with India is now full and final! The whole world has to come to terms with this now! US has already accepted this and places India on a developed nation club akin to that of China! Can anyone deny this?

Also, now Jammu and Ladakh will also develop more as more funds will be allotted for their development and it is not just Kashmir alone which will corner away all the major part of the package meant for the entire state! This is truly commendable! All Indians must bury their petty differences and unite together in supporting Centre for taking such a bold and beautiful initiative that even leaders from opposition parties cutting across party lines have chosen to endorse it differing even from their own party line! Ajit Pawar who is nephew of Sharad Pawar of NCP has also openly supported it.

Many regional parties like AAP, BSP, TDP, BJD and many others have also supported it openly! Mukul Rohatgi who is former Attorney General of India and an eminent and senior Supreme Court lawyer was quite outspoken in saying that, “If the President can issue order under Article 370 he can also withdraw it by the same route!” Very rightly so! Pakistan has no business in meddling in India’s internal affairs and Imran Khan himself has candidly confessed that the whole world is standing with India on such a sensitive issue! This is because India’s stand is justified and India has not done anything which can attract opprobrium!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

https://www.youtube.com/channel/UCCzOJDJZHoBttdHAjJsnN9w?sub_confirmation=1

DATA SCIENCE BASICS

In this post, we’ll be discussing about two fundamental questions which can assist you in shaping your career in data science.
1 . What is data science and what are its components?
2. What are the prerequisite skills needed to get a job in data science?
1 . Data science is actually the techniques which are used for extracting meaningful insights from a huge dataset. With the presence of many people on the web , companies like Facebook, Instagram, Google collected plenty of knowledge about its users. This led to Big Data. It comprises of unstructured datasets. Hence, several methods were developed to work on this data and are available up with wide scale applications. An example is that Netflix collects data from its users to return with the choices like where to put subtitles, the way to place the top credits and the way to make transition between episodes of an internet series.
So the first step is to collect data and store it. It involves collecting differing types of knowledge like user generated data, external data and storing them.
To ensure the reliable flow of knowledge , data pipelines are built on the idea of a standard structure, ETL which is Extract, Transform and cargo . Through this, the transformation of raw data is done so that it can be suitably analysed. This task is handled by data engineers.
Only after this, the “analysis” on data can be performed. Often this is often the sole part which is concentrated ignoring the essential foundations, hence people have the misunderstanding that only data analytics comprise data science.
On top of this, metrics are built on which data is tracked, categorisation of users is completed and data also can be trained with the assistance of labels. Before deploying ML models, an experimentation framework is put for getting an estimate of the changes before it’s implemented on the whole dataset.
2. Now to be able to implement it, you need the following skills for getting started in the domain of data science.
Programming LanguageIrrespective of the role, you would like to understand a programing language suitable for manipulating statistical data like Python or R. Besides this, you furthermore may got to know a database command language like SQL. With the help of Python libraries, the application of machine learning models get simpler hence it is not required to know how exactly the algorithms work initially.

Applied Mathematics You should have a solid understanding of statistics, as it will be needed for making decisions for evaluation of experiments. Knowledge of calculus and linear algebra helps in using the results of a machine learning or statistical implementation in a different case independently.
Data cleaning and visualisationDo not think that data will be readily available to you for processing. Often an excellent deal of your time is spent in cleaning the info , adjusting missed values, correcting formatting. Without this, data can’t be processed to further stages.
You should skills to use visualisation techniques to draw meaningful insights from the info . Matplotlib, ggplot can help in visualisation. Tableau has also been a well-liked tool for rendering data visually.
Software engineeringA strong software engineering background is that the most essential requirement. You should have a clear understanding of algorithms, data structures, memory management which will be always tested in the first rounds for the data science roles.

How to fix the Hulu error code 5003.

Hulu is known as one of the most popular and entertaining streaming service across the world. It fulfills the user demands by allowing to them stream popular TV shows. It is owned by the Walt Disney company and was founded in 2007. Their motto is to podcast the most recent TV shows from the most popular network and also they own and publish their originak content and independent movies. Or now Hulu is available only in the USA and Japan.

How is Hulu different from Netflix and Amazon prime?

Hulu allows the viewers to have early access to the most recent popular series which would be aired with the help of multiple traditional networks.

Apart from the success and all the mesmerizing content Hulu has several error codes and error messages which are not easy to understand and solve the problem. Some of the Hulu problems are associated with your device, the others are caused by the poor internet connection and some maybe caused by the hardware issues.

General Hulu trouble shooting problems.

The problems are generally a result of poor internet connection or the issue is related to the Hulu app, all these problems can be fixed by some general methods.

Common fixes for Hulu.

Try restarting your streaming device or restart your home network devices.

Try unplugging your steaming device and leave it unplugged for some time and then plug back in.

Try switching from a wireless to a wired network connection.

Try updating your Hulu app or reinstall it by uninstalling it first.

Make sure your browsing device is also fully updated.

These are the most general and basic tricks to solve some basic Hulu problems. But an error code is a different case where these basic ideas won’t work out. Let’s talk about the error code 5003.

Error code 5003.

The code refers and indicates an issue with the video playback while streaming on Hulu. The failure could come with the following set of messages, “We’re sorry, but there was an issue while playing the video”. Or “Please check your connection and try again”.

Reason behind the cause of Error 5003.

  • An internet connection which is not quite up to the mark could trigger the Hulu app as it requires a perfect internet connection.
  • Another reason to the problem may be an outdated app, it is really important to update your app to the latest version for a fitting experience.
  • The good news is that all the devices can have access to the Hulu app but if the device is outdated, the Error code 5003 could show up so it is really important to keep your device up to date.
  • Using VPN to access the Hulu app could end up in resulting the code 5003 as the app is only available in the USA and Japan.

Solution 1: PowerCycling Devices
As a primary troubleshooting step, we’ll be power-cycling all the devices involved within the streaming process to urge obviate any corrupt cache. In order to do that:

Unplug the power to your Internet Router and the device on which you are streaming.
Press and hold the “Power” button for a minimum of 15 seconds.
Plug the devices back in and await them to power on.
Try to stream and check to see if the issue persists.
Solution 2: Updating Application
This process might differ counting on the device that you simply are using to stream from Hulu, but we’ve listed the methods to update the Hulu app for many of the streaming devices.

For Windows:
The updating process is fairly easy for Windows. In order to update:
Close the Hulu app completely and click on on the “Microsoft Store” icon within the taskbar.
Click on the “Three Dots” within the top right corner and choose the “Downloads and Updates” button.
Select the “Get Updates” button and await the downloading process to start out .
After the updates are downloaded and installed, attempt to stream from Hulu and check to ascertain if the difficulty persists.
For Android:
Click on the PlayStore icon and choose the “Menu” button within the top left corner.
Then select “My Apps and Games” button and then select the “Updates” tab.
Click on the “Check for Updates” button and choose the “Update” button ahead of the Hulu app to initiate the updating process.
Wait for the update to be downloaded and installed.
Try to stream and check to see if the issue persists.
For Android TV:
Select the “Home” button on your remote and then choose “Google Play Store” below the “Apps” option.
Select the term “Auto-Update Apps”and then click on “Auto-Update Apps at that particular time”.
For Apple TV:
Open Settings and click on “Apps”.
Select the “Automatically Update Apps” button to configure the TV to update apps on its own.
Click on it again to turn it off after the app has been updated.
Solution 3:Updating Device Software

It is recommended that you should keep the device up to date to clear the chances of any malfunction.
Therefore, it’s recommended to see online for the tactic to update your exact console to the newest software provided by the developer. This will help in clearing out any sort of incompatibility or complicating issues with the application.

If Women Ruled the World

Our world has been male dominated since time immemorial. In this male dominated world people have become habitual to men leaders and they often hesitate in being lead by a woman, because women are portrayed as the weaker gender who didn’t possess sufficiennt qualities that are needed for being a leader.


Even with limited opportunities and encountering difficulties like gender stereotypes, bias, absence due to motherhood they outshine men in every sphere of life.


Women in comparison to men are much more efficient at handling tough and unprecedented situations and this pandemic has proved that enough. In this global pandemic countries with male leaders like Greece, Czech Republic, Australia have done well but countries with female leaders have done extremely well and have responded in a much better way than those with male leaders .


It may be argued that female leaders have walked into the current crisis with a few plus points over countries with men leaders but the handling of crisis by Germany led by Angela Merkel has proved that also wrong. Germany with 83 Million citizens has had over 1,84,00 infections but very low deaths per million far lower than most other European countries. Germany has achieved far lower death rate than Britain, France, Italy or Spain because of its approach of large scale testing programme. It has recorded highest testing programme in Europe conducting 3,50,000 tests each week detecting the virus early enough to isolate and treat patients effectively.


Its neighbouring country Denmark also responded equally well, the Prime Minister Mette Frederiksen closed the borders of the country on 13th March followed by closing educational institutions and prohibiting gathering of more than 10 people limiting its cases to 12001 with less than six hundred virus related deaths.


Four of the five Nordic countries are led by women. Countries like Finland, Iceland and Norway also performed outstandingly well during the crisis by taking early actions and adapting smart methods for eradication of the virus.

Expect Sweden the only Nordic country not led by a woman – where Prime Minister Stefan Löfven refused to impose a lockdown which resulted into a far higher death rate in of most other European countries.


Finland where Sanna Marin governs recorded less than 10% as many deaths as nearby Sweden.


Iceland Prime Minister Katrin Jakobsdottir early and aggressive intervention helped the country in its battle with the virus.


Taiwan President TsaI.Ing Wen early intervention helped the country in limiting the outbreak . Its aggressive testing, tracing and isolation measures are applauded all over the world.


New Zealand an island country of five million which heavily relies on tourism has been declared as one of the first COVID-19 free countries in the world imposed a nationwide lockdown on 23rd March much before that its international boundaries were sealed and 14 days quarantine was already imposed on anyone entering the country. With widespread testing and effective approaches the country has eradicated the virus and is the among the firsts in going back to normal.

When the leaders of worst affected countries USA, Brazil, Britain and India were busy in making their citizens believe that the light will never fade out and they will defeat the virus with the very few restrictions adopted by them at that time these female leaders understood the severity of the situation and employed effective measures and approaches to not only curb the spread of virus but also eradicate it from their countries.


The distinguished approaches of these women leaders helped them in minimizing death rates in their countries .


Women hold only 7% of the world’s government leadership roles. Yet they have proved themselves . If there would have been more female leaders the scenario would have been much better. In spite of limited opportunities they performed so well if they are provided with equal opportunities in the near future they will definitely make the world a better place to live in.


In the midst of pandemic when the entire world is battling against a virus comparing the performance of countries would be incorrect as all countries are very different from each other because of their geographical boundaries and population but highlighting the approaches adopted by countries with better performance isn’t wrong at all.

Child Labour

Child labour is a serious problem and a challenge for many countries. Several countries have enacted various laws and serious initiatives to eradicate child labour along with huge efforts made by various international organizations to eliminate child labour, but still the problem is very widespread throughout the world.

The reasons for child labour include poverty, lack of schools, lack of regulations and enforcement, corruption, lack of awareness , rapid population growth which are complex and deeply rooted into the society. Poverty seems to be the main cause. It has been observed over decades that, poverty forces poor families to send their children to work, which results in a serious problem the world is facing nowadays. Child labour can be found both in urban and rural areas. However the vast majority of child labour occurs in rural areas since poverty seems to be more prevalent. Children usually work to contribute to household income and provide financial support to their families. Their health is often ignored by their parents or they may not be aware about their children’s health. Although, many poor rural families struggle for a better life in urban areas, this pushes families to force their children to work in order to increase the family income and ensure survival.

Child labour can leave many severe consequences on children and their families. According to a recent study , it was found that the majority of child labourers are engaged in agricultural work sector. When children work, it does not mean as a standard, they support their families economically, neither all of them get paid for their work since many of them work as slaves or as bonded labour. In addition to that, they face many problems which may cause permanent damage to their childhood. A significant number of working children in India are engaged in hazardous work resulting in adverse health consequences. While many companies do not engage children in their main facilities , yet we find children engaging in other parts of their production which include smaller factories, workshops etc. Child labour includes children working in agriculture, either in family labour related activities or the farms of others , children working as servants in the home of others, children who work in factories, workshops, mines, quarries as domestic workers , children who live off the street by conducting jobs such as shoe shining, rag pickers and as street vendors, children engaged in commercial sexual exploitation , migrant children belonging mostly to rural families who leave for urban centers in search of other work. 

Child labour is a major social problem and an international concern, which needs to be resolved on an urgent basis with the support of both the people and the government as it is highly involved in inhibiting the growth and development of the country. This issue cannot be eliminated without first attacking it at the roots. Thus, poverty, unemployment, lack of social security schemes, illiteracy and the attitude of society need to be tackled first before any progress can be made . If the society as such sees child labour as a social discomfort and a threat, we will be much closer at achieving success.

The Scientific Argument for Mastering One Thing at a Time

Many people, myself included, have multiple areas of life they would like to improve. For example, I would like to reach more people with my writing, to lift heavier weights at the gym, and to start practicing mindfulness more consistently. Those are just a few of the goals I find desirable and you probably have a long list yourself.

The problem is, even if we are committed to working hard on our goals, our natural tendency is to revert back to our old habits at some point. Making a permanent lifestyle change is really difficult.

Too Many Good Intentions

If you want to master multiple habits and stick to them for good, then you need to figure out how to be consistent. How can you do that?

This finding is well proven and has been repeated in hundreds studies across a broad range of areas. For example, implementation intentions have been found to increase the odds that people will start exercising, begin recycling, stick with studying, and even stop smoking.

However (and this is crucial to understand) follow-up research has discovered implementation intentions only work when you focus on one thing at a time. In fact, researchers found that people who tried to accomplish multiple goals were less committed and less likely to succeed than those who focused on a single goal. 

What Happens When You Focus on One Thing

Here is another science-based reason to focus on one thing at a time:

When you begin practicing a new habit it requires a lot of conscious effort to remember to do it. After awhile, however, the pattern of behavior becomes easier. Eventually, your new habit becomes a normal routine and the process is more or less mindless and automatic.

Researchers have a fancy term for this process called “automaticity.” Automaticity is the ability to perform a behavior without thinking about each step, which allows the pattern to become automatic and habitual.

The most important thing to note is that there is some “tipping point” at which new habits become more or less automatic. The time it takes to build a habit depends on many factors including how difficult the habit is, what your environment is like, your genetics, and more.

Change Your Life Without Changing Your Entire Life

Alright, let’s review what I have suggested to you so far and figure out some practical takeaways.

  1. You are 2x to 3x more likely to follow through with a habit if you make a specific plan for when, where, and how you are going to implement it. This is known as an implementation intention.
  2. You should focus entirely on one thing. Research has found that implementation intentions do not work if you try to improve multiple habits at the same time.
  3. Research has shown that any given habit becomes more automatic with more practice. On average, it takes at least two months for new habits to become automatic behaviors.

The counterintuitive insight from all of this research is that the best way to change your entire life is by not changing your entire life. Instead, it is best to focus on one specific habit, work on it until you master it, and make it an automatic part of your daily life. Then, repeat the process for the next habit. 

The way to master more things in the long-run is to simply focus on one thing right now.

Acid Attack

Women are an important part of our society. Every woman has her own job or duty in
this modern society in which men are unfortunately still the ‘strongest gender’, we can’t
forget that a woman’s life is a lot more complicated than a man’s life. A woman has to
take care of her own personal life and if she is a mother, she has to take care also of her
children´s lives too. Worse still, if she is married, additional stress can be on her
shoulders. Yet they will still perform very well in the work environment in some cases
better than their male counterparts.

“Violence against women is a manifestation of
historically unequal power relations between men and women, which have led to
domination over and discrimination against women by men and to the prevention
of the full advancement of women.”

As per the provision of “Prevention of Offences (by Acids) Act 2008,(National Commission
for Woman – Draft Bill)” constitute the definition of Acid Attacks and Acid.
According to Section 3 of said Act –
“(a) “Acid” shall mean and includes any substance which has thecharacter of
acidic or corrosive or burning nature that is capable of causing bodily injuries
leading to scars or disfigurement or temporary or permanent disability.
(b) “Acid attack” means any act of throwing acid or using acid in any form on the
victim with the intention of or with knowledge that such person is likely to cause
to the other person Permanent or partial damage or deformity or disfiguration to
any part of the body of such person.”

Throwing acid leads to disfigurement of various body parts like face, vision loss, hand, chin, cheeks, death, etc. It comes under heinous crime. And its punishment is given under section 326A and 326B of the Indian Penal Code, 1860. This section was added by Criminal law(amendment act), 2013. Section 326A and 326B were added to Indian Penal Code by the case, Laxmi Agarwal vs. Union Of India. Because of this case, acid sale was regulated and compensation was given to the victim.

There is a movie based on the real story of acid attack survivor Laxmi Agarwal i.e. Chhapaak. This movie was released on 10th january, 2020. Deepika Padukone played the role of acid attack survivor Laxmi Agarwal.

Tips for monsoons plus this hot season

We are not very far from a full-fledged rainy season. And with the presence of this lockdown, we have started noticing just everything from a tiny organism that once upon a time did not exist to the beautiful peachy cloud caps. Now with the intermittent showers, we hope the lockdown will be lifted, hence citizens can feel the rain on their skin and enjoy every bit of this monsoon. 

Self care is meant to beat all the summer blues.

DIY

In case one of you is planning to confine themselves at their homes, watch Youtube DIY’s and imitate what your favourite YouTuber has in store. Today, I discovered soaking your sole inside the bucket of water with a cup of vinegar eliminates all the sole stress and dirt. 

Skincare 

Because of the lockdown most of the young women started noticing their skin with a microscope. This made them aware of their skin type and moved ahead to pamper their skin with the skincare products lying in the vanity for ages. 

Read 

Reading a book with a hot cup of brewed coffee is the best way to enjoy the monsoons with a shower view. 

Feed the strays 

Even the intermittent showers leave innocent street stray animals homeless and starving. In such trying times for them, you can feed the innocent animals and provide a shelter to protect them from the thunder and heavy showers.

Yoga

Benefits of yoga always remain therapeutic for the mind, body and soul. Let out your spiritual self out in this breezy monsoons and feel the moist earth.

Paddle your gum boots in the wet gobbles and enjoy this monsoon with enthusiasm and laughter.

Journey of the Technologies that shaped today’s world: Electricity

The heat engines namely steam engine and Internal Combustion engine solved travel and transportation problems of mankind. From depending on manual human labour and animal power- which came with a number of limitations, to portable engines that could drive the wheels without being tiered for hours and for miles; the jump was significant. The society started progressing in leaps and bounds. Raw material could reach factories faster and finished products could reach markets faster. Agriculture produces could reach to consumers faster.

But human endeavour to understand nature and natural forces did not end here. Man continued to find laws that governed nature based on natural phenomenon. These laws inspired inventors to build machine that put these laws to use for making the human lives easier and far more enriching. One such discovery that changed the course of human civilization forever was ELECTRICITY.

Humans were introduced to electricity by electric eel and such aquatic creatures. However, this introduction was hardly productive. The next big milestone came when humans discovered Static Electricity. Rubbing of certain materials on certain other materials made the material charged and it could attract lighter objects like feathers. The first record of this phenomenon is available since as early as 600 BCE. But this phenomenon was not well understood and could not be put to use to any human use.

In 17th and 18th century, more experiments were done on static electricity. Benjamin Franklin is credited to discovery of electricity. He used a kite and key to experiment in 1752. His experiment showed that the lightening is the same as electricity. This was a crucial understanding to see electricity in action in natural phenomenon. After all, science uses naturally occurring events as a step stone to develop its understanding, to mimic the event and put it to human use.

However, all these discoveries and experiments of static electricity were giving power in a sudden burst which was not possible to contain or put to any use. (In fact, to this day we wish to harness the power of lightening. It could solve all our power problems.) So, it was a milestone achievement when Italian physicist Alessandro Volta discovered that certain chemical reactions could also generate electricity. If one could control the rate of the chemical reaction, one could ensure a steady supply of electricity.

This discovery was that chemical reactions could generate electricity was quite a chance discovery. Around 1800, an Italian doctor Luigi Galvani found that a frog’s leg twitched when it touched two different kinds of metals. Volta studied these findings and concluded that the different metals created a potential difference and thus the electric current flowed. So, Volta needed only to create a potential difference between two points which could be connected through a wire for electric current to flow. As simple as water flowing through pipe.

The Voltaic cell opened a door for chemical cells. Different metals and electrolytes have been tried by different scientists. A few that we use till date are Lead Acid cell, and Dry cells (as in pencil/AAA batteries).

Research methodology: Important topic for Net Exam

Define Research –

Research is quest for knowledge and a process to find something new done in systematic, organized process.  It is used both in scientific and non-scientific field. In a practical way, it a systemized way of finding practical solution to new problems, events, phenomena and processes that arises every day and practically implementing solution and suggestion required to tackle that problem.

Classification of Research

Basic or Fundamental research – It is broadly classified into two main types of research.   It also knows as theoretical research and study of some natural phenomenon.  . Basic researches sometimes may not lead to immediate use or application. It is not concerned with solving any practical problems of immediate interest. It provides a systematic and deep insight into a problem and facilitates extraction of scientific and logical explanation and conclusion on it. It helps build new frontiers of knowledge. The outcomes of basic research form the basis for many applied research.

Key points of Basic Research is

  • Aims at basic processes
  • Attempts to explain why things happen
  • Tries to get all the facts
  • Reports in technical language of the topic
  • Seeks generalization

Applied Research
In an applied research one solves certain problems employing well known and accepted theories and principles. Most of the experimental research, case studies and inter-disciplinary research are essentially applied research. Applied research is helpful for basic research. A research, the outcome of which has immediate application is also termed as applied research. Such a research is of practical use to current activity.

Applied research

  • Studies individual or specific cases without the objective to generalize
  • Aims at any variable which makes the desired difference
  • Tries to say how things can be changed
  • Tries to correct the facts which are problematic
  • Reports in common language

Quantitative research

  • It is numerical, non-descriptive, applies statistics or mathematics and uses numbers.
  • It is an iterative process whereby evidence is evaluated.
  • The results are often presented in tables and graphs.
  • It is conclusive.
  • It investigates the what, where and when of decision making.

Qualitative research

  • It is non-numerical, descriptive, applies reasoning and uses words.
  • Its aim is to get the meaning, feeling and describe the situation.
  • Qualitative data cannot be graphed.
  • It is exploratory.
  • It investigates the why and how of decision making.

Mixed research-

Research is a research that involves the mixing of quantitative and qualitative methods or paradigm characteristics. Nature of data is mixture of variables, words and images.

Other types of research are

Exploratory research

  • Its primary goal is to understand or to explain relationships.
  • It uses correlations to study relationships between dimensions or characteristics off individuals, groups, situations, or events.

Explanatory research

  • Its primary goal is to understand or to explain relationships.
  • It uses correlations to study relationships between dimensions or characteristics off individuals, groups, situations, or events.

Longitudinal Research

Research carried out longitudinally involves data collection at multiple points in time.

Cross-sectional Research

It is Research is research in which data is gathered at once during a period of days, weeks or months.

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