Day: July 21, 2020

VIRTUE IS KNOWLEDGE.

It is very much seen that information is the indication of flawlessness , the uprightness which a man cares for so as to make his life existential and honorable. Information gives him the excellence to be regarded in the public arena, arrive at his objectives of endeavors and adventure into the universe of potential outcomes that mankind wants in this quick entry of time. Is virtue truly information, an inquiry which individuals if truly experience , the vast majority of their questions is probably going to be extinguished. The substance of uprightness in its most predominant structure can be seen in the ravel of nature.

The nature is the most lovely blessing agreed by the eternity to the humanity. It favor us with trust, inspiration, freedom to seek after our objective and show us a few characteristics to lead an ideal and healthy lifestyle. The blossoms spread their aroma with clears out all pessimism, the petals lively shading is by all accounts landed legitimately from paradise , this wonderful thing cause us to understand that we are the most lucky being on earth. Not even this the dew framed on leaves which is by all accounts like a pearl upon the sea , loaded with lucidity and ingenuity have a few message to accord to us. This ideals did essentially is information which anybody would not avoid to consolidate. Indeed, even on the way of commitment we set up a few organizations, political , efficient , social or logical , it is the astounding good character if present in them can turn the parity of accomplishment in support of themselves , along these lines conferring information. The prudence as information in political circle has significance even in the pages of history and the contemporary time also.

The extraordinary political pioneers like Mahatma Gandhi, Nelson Mandela, and so on were effective in adorning their fantasy on the grounds that their aim was acceptable. They were a virtuous man with information which records their way and deeds in brilliant history. On opposite another political pioneer of Britain , Winston Churchill who won Britain in second universal war additionally lost open order. The explanation for his annihilation can be named to be absence of goodness and ethical quality as he would like to think and the journey of harmony by the open whose great information is reflected. Indeed, even today in the event that individuals have confidence in their pioneers, at that point it just because of their goal and profound quality which can convince the mass to tail him with no terms and conditions. Indeed, even the science and logical investigations is inadequate without the information on prudence.

A similar science can be utilized for making medications , consequently sparing millions, driving poor out of the verge of destitution and with innovation like early admonition frameworks spare their valuable life and make then less powerless. Then again a similar science additionally lead to the development of atomic weapon and nuclear bomb whose image of pulverization is instilled in the spirit and soil of Japan. Thus , it appears information is deficient without goodness.

The honest youngsters grin causes us to overlook everything and it is their capacity of guilelessness that draws in us towards them making them exceptionally insightful. They are unadulterated , immaculate with the shades of malice like untruths, envy, scorn , and they know just a single thing ,i.e to spread the message of adoration and joy. The information that is being deciphered to the understudies in school and other instructive foundations ought to likewise not be just words and sentences of the book, to be sure they whenever showed great propensities, indicating admiration to their older folks, educators, being discipline, being straightforward, and so forth then just would turn into a total individual.

Subsequently , it is qualified to state that the world is where the mankind needs harmony and congruity. It needs an exhibition of inspiration and light emission. It needs an idea of belonging and pardoning alongside progress and improvement. Where man regards another man, the possibility of uniformity, freedom and rights are clear in the pages of some book as well as which wins in actuality, at that point just the genuine intensity of information will be esteemed by us with it brimming with virtue and profound quality.

Federalism in India – Competitive or Cooperative?

Federalism is a political framework wherein one basic community joins different territories shaping a country. India’s establishing father conceived a government framework with solid focus infer able from decent variety of interests and incipient phase of “nation in the making” and articulated “India is indestructible association of destructible states” and enriched focus with wide powers bringing about an arrangement of organization with unitary highlights. This doesn’t imply that inside is almighty and exercise total controls on the state issues. To ensure that separation of power schedule -7 – 7 was fused in the constitution to unmistakably differentiate the circle of forces of focus and states. Additionally to guarantee that states have an equivalent state in the issues going under the circle of impacts of focus, chamber of states was similarly enabled as lower house with the exception of in specific issues to speak to the states interests. In aggregate constitution conceive equality between the inside and states aside from in certain outstanding conditions. Aside from coordination among focus and states in the general development and improvement of the country, there is likewise a component of rivalry required among focus and states (vertical rivalry) and among the states (level rivalry) also with the goal that most extreme utility can be gotten from assets and openings.

In Cooperative federalism the Center and states share a level relationship, where they “participate” in the bigger open intrigue. It is a significant apparatus to empower states’ support in the detailing and execution of national strategies. Association and the states are unavoidably obliged to help out one another on the issues determined in Schedule VII of the constitution.

in Competitive federalism the connection between the Central and state governments is vertical and between state governments is flat. This thought of Competitive federalism picked up criticality in India post 1990s financial changes. In a free-showcase economy, the blessings of states, accessible asset base and their near focal points all encourage a feeling of rivalry. Expanding globalization, be that as it may, expanded the current disparities and lopsided characteristics between states. In Competitive federalism States need to contend among themselves and furthermore with the Center for benefits. States rival each other to draw in assets and venture, which encourages productivity in organization and improves formative exercises. The financial specialists incline toward progressively created states for putting away their cash. Association government decays assets to the states based on utilization of recently assigned assets. Sound rivalry endeavors to improve physical and social framework inside the state.

Competitive federalism has begun proving to be fruitful when certain states, for example, Gujarat and Maharashtra actualized different land change designs and facilitated different principles identified with rent augmentation, simple land securing, getting rid of assent provision and different activities which is apparent from their degree of GSDP.

Numerous a period Competitive federalism will in general win over helpful one and states shows no quiet, for example, the water questions, which have been hampering the participation of states since autonomy. Measures should be taken to spare the intrigue and the participation between states since, there is long approach.

By and large one can say that Competitive and cooperative federalism are significant for the development of the nation in all angles and one can’t conclude which to picked previous or last mentioned, It will be alright to state both are cut out of the same cloth. Focus should go about as a solid umpire and a manual for choose the subsidizing, improvement and the emergency between the states and the neighborhood government to wrap things up there ought to be balance between the cooperative and Competitive federalism.

New Domestic Cleaning Technologies That Help Save Water

Technology has always aimed in making our lives better – be it the automatic machines or smart devices- appliances have long brought convenience to our lives. 

But in the World of Climate Change and Environment preservation, we need technology to focus on Sustainability in order to save resources for the future generations.

CLEAN WASHING, LESS WATER

Washing Machines and Dish Washers have gained popularity across various parts the country due to their efficiency and convenience. But are they also water efficient?

The advertisements for various washing machines now have started to show how one can save more than two buckets of water when the clothes are washed in the machine as compared to when they are washed by hand. Dishwashers nowadays use ultrasonic technology to reduce consumption of water while making sure there is no reduction in the efficiency of cleaning. Due to technology we have been able to invent appliances that help in deeper cleaning and use less water.

DAILY ROUTINE, WATER WASTAGE

Right from brushing our teeth to taking a shower we use water that very conveniently reaches our house in pipes and showerheads

But not to worry about saving water anymore as the latest achievement in the field of technology is OPTIMIZED showerheads designed to maintain the flow pressure while drastically reducing the water consumption. One can research and purchase the one which best suits your showering needs and also saves water.

FLUSHING ACTION, SMART SOLUTION

Technologists have been continuously working towards designing a flush system to produce an alternative which is more hygienic and water-efficient in its operation. 

Apart from standard improvements, there are new water treatment systems being developed which could help recycle sink water to flush toilets in Indian homes in the near future. Such a system would save gallons of water, while making the required amount available for comprehensive and hygienic flushing action.

SUSTAINABILITY BEGINS AT HOME

The simplest method for conserving water is to turn off the tap whenever possible.

Running the water when you’re brushing your teeth, for example, wastes at least a quart of water. That may not seem like much, but it can really add up over time: a family of four could save at least 60 gallons of water a month by simply turning off the faucet.

FLOWING FAUCETS

New faucets utilize several different kinds of aerators, but all conserve water without sacrificing pressure. Older faucets use three to seven gallons of water per minute, while newer ones can cut that to around two gallons per minute, or even less.

WASTING WATER FOR WASHING WASTE

New low-flow toilets use 1.6 gallons per flush. They work as well as the older types but use considerably less water. Homeowners can also consider using dual-flush toilets, which offer two settings, depending on the type of waste in the bowl.

WATER HEATER, PRESERVE DROPS

A small pump that runs on minimal electricity can be attached to your hot water system and can help keep hot water circulating when it’s not in use. This prevents waste of up to 10 gallons of water while waiting for the shower to heat up. Tank less water heaters offer the same convenience, but cost more; a recirculation system can be sometimes be installed for as little as $300.

FIX LEAKS, SAVE GALLONS

Have water leaks in your home fixed right away. Even a tiny leak can quickly add up to a huge amount of wasted water. A faucet leak of just one drip per second can waste more than 2,000 gallons of water in a year, according to the U.S. Geological Survey.

These are some of the latest technologies that have brought the twin objectives of more hygienic homes and water conservations to the fore. As more manufacturers innovate, such technologies are projected to become standard in all Indian homes. Helping create cleaner homes at the cost of less water is also a mission of MODERN TECHNOLOGY AND SCIENCE, a movement dedicated to creating a more sustainable future for our water resources. You can also support such initiatives they’ve undertaken and join in to help conserve water for a healthier tomorrow.

Exams??

The All India Council for Technical Education, AICTE yesterday informed the Bombay High Court that it has asked all its affiliated institutions and deemed universities to follow guidelines issued by Universities Grants Commission, UGC to conduct final year degree exams. It thus has not cancelled the last semester exams in any of its affiliated colleges.

The decision to hold the final-year degree exams comes following University Grants Commission’s (UGC) direction to conduct the examinations by the end of September. In the coming days, the Telangana State Council of Higher Education (TSCHE) will hold a meeting with authorities of the State universities and a detailed schedule for exams will be released. The exams will be held in offline mode i.e. pen and paper mode.

Knowing about the Government schemes launched during COVID-19

June 2020 has seen two important government initiatives for the every-day earners for food in news. They are the Garib Kalyan Rojgar Yojana and the PM Street Vendor’s Atmanirbhar Nidhi.

First on the list is the Garib Kalyan Rojgar Yojana.  It is a central government initiative taken amidst the pandemic circumstances. The Abhiyaan was launched by the Prime Minister in June from Telihar in Bihar. As so the title suggests, the objective of the Abhiyaan is to secure, empower lives by providing livelihood opportunities. The scheme is specifically launched for that population of the country whose areas or villages have witnessed the return of a large number of migrant workers after the citizens were no longer employed following the lockdown announced for the devastating Covid-19.

This campaign is sought to be one of the components of Rs 1.70 lakh crore package under Pradhan Mantri Garib Kalyan Yojana which was set to help the poor fight against Corona Virus Pandemic.

The Campaign is nothing but a massive employment -cum- rural public works in which the public works are to be undertaken with an aim of generating a resource envelope of minimum Rs 50,000 crores. The campaign would involve 125 days of work. The public works will supposedly include rural housing for the poor along with the provision of providing drinking water through the already established Jal Jeevan mission. The infrastructure of Panchayat Bhavans, rural mandis, community toilets, rural roads, etc. are sought to be developed.

The initiative is hoped to cover 116 districts in 6 states – Uttar Pradesh, Bihar, Rajasthan, Madhya Pradesh, Odisha and Jharkhand. There are 27 aspirational districts hoped to be covered under this initiative. The mentioned are estimated to hopefully cover about 2/3 of the unemployed migrant workers. A major emphasis has also been put to the rural infrastructure. The initiative will have 25 different types of public works which is specifically to create infrastructure and importantly boost livelihood opportunities in the areas.

High speed and cheap internet are also part of the maintenances to be provided in every rural household. Thus, there shall be laying of fibre cable.

The campaign however would require a Multi-Ministerial Effort between different Departments of the Government with Ministry of Rural Development as the nodal Ministry along with the other ministries such as Panchayati Raj, Mines, Road and transport etc.

Second on the news was the PM Svanidhi. The initiative PM Street Vendor’s Atmanirbhar Nidhi was launched by the Ministry of Housing and Urban Affairs. It is launched with the aim of introducing a special micro-credit facility Scheme which would provide affordable loans to the street vendors, who recently went on losses or no business at all since the wake of the COVID-19 crisis. This scheme will thus enable the street vendors to resume work and earn their livelihoods.

The beneficiaries will include over 50 lakh people which would include the vendors, hawkers, etc. who work to supply fruits, vegetables, ready-to-eat street foods etc in the markets. It would also include the business of service providers like barber shops, laundry services etc.

The scheme shall be available for beneficiaries belonging to only those States and Union Territories which have notified been under the Rules and Scheme provided under Street Vendors Protection of Livelihood and Regulation of Street Vending Act in 2014.

The vendors or the hawkers can avail a loan (working capital) of up to Rs. 10,000 which is subject to be repayable in monthly instalments within the tenure of one year. On timely and the early repayment of the loan, credit limit was claimed to be raised and interest subsidy to be given at the rate of 7% per annum which ultimately shall be credited through Direct Benefit Transfer on a quarterly basis. 108 cities were selected, and the loan disbursement was planned to commence in July, 2020.  The eligible lenders were rated as the bank such as Regional Rural Banks, Small Finance Banks, Non-Banking Finance Companies, Micro Finance Institutions established in some States and Union territories.

The Small Industries Development Bank of India (SIDBI) is an implementation agency. It was developed to manage the credit guarantee approved to the lending institutions through Credit Guarantee Fund Trust for Micro and Small Enterprises.The SIDBI was developed through an Integrated PM SVANidhi portal. The Portal was developed to integrate  credit management and PAiSA portal of MoHUA to administer the interest subsidies automatically.

Paperless office

Today’s world are becoming paperless office. Paperless office is very beneficial for the organisation because it help organisation to maintain their documents, reduce the cost and space to maintain the documents in the files . It is a modern approach to maintain their office and eliminates staff which deduct in the cost. Paper office is now a days not much useful because in these days most of organisation using paperless office. Paper office is taking time and papers are worthless after sometime.

A paperless office, also called a paper-free office, is a work environment which uses minimal physical paper and instead uses primarily digital documents. A paperless employee is a worker who has eliminated or greatly reduced the use of paper in the workplace. The process of converting paper files into electronic files is known as digitization.

The idea of an entirely paperless office has existed since personal computers became the basis of the modern workplace. Despite the prevalence of electronic documents and email, most organizations still rely on paper documents. There are many benefits to going paperless, from saving resources to boosting security. Yet from handouts at meetings and HR onboarding documents to receipts, many business processes still revolve around paper.

Benefits of Going Paperless

Save Time

Time spent filing, organizing, and searching for paper documents is time that could be spent on more productive tasks. Digitized documents are stored in a central repository, which is basically a well-organized digital filing cabinet where all of your documents live. Using a digital document management system you’ll get to harness the same powerful search abilities that you’re used to using on Google. This means employees can find files at the click of a button, much more quickly than the laborious, manual process of searching for a specific file in a buried folder. Employees are able to use this extra time on revenue – generating projects.

Saves Money

Going digital improves process efficiency, saving you money. Paperless offices can process a much larger volume of paperwork compared to traditional offices in the same amount of time.

Further, digitization reduces money spent on paper, printers, ink, postage, office space for files and employee time to manage paperwork. The savings on employee time become especially valuable in regards to regulatory audits and repetitive, high-volume tasks like expense reimbursements.

Saves Space

Paper takes up a lot of space – as do filing cabinets and space to store those filing cabinets. Books and bookshelves are bulky, too. What’s worse, paper keeps piling up, oftentimes accumulating more quickly than it can be sorted and organized. This is particularly true of industries that have long mandatory retention periods for paperwork like the financial industry.

Digitizing files allows you to store all documents either on an on-premises server or in the cloud. Digital file folders in a repository require much less space than a physical records archive.

Eases Transfer of Information

Document management software offers a simple process for saving documents. The software easily compiles digital documents using scanners, mobile capture using a camera on a phone or tablet or importing any file type (.docx, .pdf, image files). Many commonly used applications, like Microsoft Office and Adobe Acrobat, integrate with document management systems and have native plugins which allow you to file your document into your content management system with just one click.

Promotes the Environment

Manufacturing paper products produce greenhouse gases, causing deforestation and global warming. Recycling can offset some of the environmental impact, but not by much. Most paper eventually ends up in a landfill. Further, ink and toners contain volatile compounds and non-renewable substances which are damaging to the environment. It is much more sustainable to simply reduce paper use altogether by switching to a paperless office.

Boosts Security

Physical documents are hard to track – reams of paper can get lost, misfiled or destroyed without anyone noticing. It can also be difficult to monitor the access, printing and copying of sensitive files.System administrators can set-up granular access rights, which assign permissions at the document level (e.g. settings based on the type of document), user level (e.g. settings based on person’s job function), or system level (e.g. overarching security for all data in the system).

The security benefits of a paperless workplace go beyond access rights. Implementing document management software also allows organizations to leverage electronic signatures, redact confidential information, create audit trails and more.

In paper office , these systems are followed:

Paper documents: Difficult to track changes when collaborating on a document.

Newspapers, Books and Magazines: News quickly becomes outdated. Message constrained by word space and page count.Each new book takes up more space.

Mail and faxes: Constant maintenance required to organize and find documents, especially really old ones. Easily misplaced or damaged.

Printed Maps : No way to factor in traffic, road closures and other barriers. Becomes out-of-date.

In Paperless Office, these systems are followed:

Digital Documents: Seamless electronic transfer between individuals and departments. Easy to track changes and records comments using “Track Changes” feature.

Email: Easily searchable based on content and metadata.Access from phone or browser. Archived forever. Even in the event of a deletion, can potentially be recovered.

Media , Websites and ebooks: Immediate access to content

Message not constrained by space

Real-time updates and amendments and 24-hour news cycle.

Waze, Google Maps and Navigation device : Reacts to traffic to maximize route efficiency and gives an accurate estimate of arrival time. Updated regularly to ensure accurate navigation.

These systems are followed by paper and paperless office.

The Path of Digital Transformation

Deciding to make the move from paper to paperless is part of a larger process called digital transformation.

There has five key step to completely digitized workplace:

Digitize : Convert all documents from paper to digital.

Organize : Categatized documents in a central electronic filing cabinet.

Automate: Digitize business processes using forms and workflow.

Streamline : Take a high – level view of business processes to identified bottlenecks and opportunities for mere efficiency.

Transform : Use advanced analytics to turn data into insights in how to make your company even more efficient.

CONCEPT OF POST DECISIONAL HEARING

INTRODUCTION

Principles of natural justice have been developed by democratic government for protection of rights of individuals and regulation of power against the arbitrary and ruthless use of power. One such principle of natural justice is ‘Audi Alteram Partem’ which has fundamental rule that no one should be censured unheard. Right to be heard is an essential element of principles of natural justice. Audi Alteram Partem is a rule which ensures that fair decision is made out of statutory authority of courts. This concept strengthens up the implementation of post decisional hearing.

Post-decision hearing is held where pre-decision hearing would not be viable. It is done after provisional decision is reached.

AUDI-ALTERAM PARTEM (RULE OF FAIR HEARING)

It means ‘hear the other side’ or ‘no man should be condemned unheard’ or ‘both the sides must be heard before passing any order’.

The duty to hear is imparted in all those actions which cause detriment to a person. No order involving adverse civil consequences can be passed against any person without giving him any opportunity to be heard against the passing of such order. A statue which impliedly provides or is silent, in both hearing, is implied but when it expressly excludes the hearing the court may have to exclude it to development which have expanded the scope of the rule of fair hearing are:

  1. An activist interpretation of Article 21 of the constitution whereby the words personal liberty as well as procedure established by law acquired new dimensions incorporating the duty to hear in respect to various administrative actions which cause infraction of personal liberty.
  2. Abandonment the courts of the policy of requiring hearing only in cases of quasi-judicial actions and extending such a requirement to administrative actions also.

The Audi alteram partem principle is the fundamental idea of the natural justice system. This is ‘sine qua non’ in any civilized society and means that no one is to be prosecuted without being listened. The person must get an incentive to defend himself.

RIGHT TO HEARING

 Constitutionally the rules of natural justice are must if administrative actions are not to violate certain fundamental rights. The violation of natural justice results in arbitrariness, therefore, violation of natural justice is violation of equality clause of Article 14. The court has held absolute discretion without any guidance for its exercise and without having to follow the principles of natural justice to be a reasonable restriction under Article 19(2) to (6). The right to be heard is also an aspect of ‘procedure established by law’ under Article 21 means procedural fairness.

POST DECISIONAL HEARING

Meaning:

The principle of post-decision hearing was created to ensure a balance between administrative effectiveness and individual justice. After a preliminary decision was made by the authorities, an individual would be heard during a post-decision hearing. In such cases, a standard pre-decisional hearing is unfeasible to the authorities and decisions would be taken on first-instance grounds before the person expresses his or her opinions, because it would be deemed necessary for the authorities to have post-decision hearing in accordance with the principle of Natural Justice.

Development and Proposal of idea:

The idea of post decisional hearing has been developed to maintain a balance between administrative efficiency and the fairness to the individual. The harmonizing tools were developed by Supreme Court in Maneka Gandhi vs. Union of India[1].

The post decisional hearing will give satisfaction to the affected individual that was at least given same opportunity of hearing even at a belated stage. The judicial opinion, however is not uniform about the stage. The judicial opinion however is not uniform about the stage at which the rules of natural justice are applicable.

In the case of Maneka Gandhi vs. Union of India,

Maneka Gandhi’s passport was impounded. She challenged the order of the R.P.O. on the ground that the principle of natural justice have not been followed. No hearing was allowed to her as they contended that if the hearing was done to her then the very purpose of impounding would have been frustrated. Hence, no hearing was held for the petitioner. The court evolved this because it said that you cannot have straight jacket formula. It is important but most important part is that justice has to be given to the affected party so that principles of natural justice are followed in every situation. You can pass the orders after pre decisional hearing but this order is interim but after post decisional hearing the order will become final in nature and thus the order of the passport authorities was considered as interim order. And becomes final after post decisional hearing.

Justice P.N. Bhagwati propounded three important principles:

  1. For an administrative function principles of natural justice have to be applied.
  2. Reasoned decisions.
  3. Concept of post decisional hearing.

ANOTHER CASE LAWS:

In the case, Baldev Singh v. State of H.P.[2]  in both these cases stress was being laid on Post Decisional hearing on the other hand there were series of decisions which laid down because Post Decisional Hearing is doing a mere lip service. I t is not serving the purpose of Audi Alteram Partem. Because once a decision of Post Decisional Hearing to the affected party is a formality as the authorities are rigid in bringing change in their decision as arrogance, egoism comes into picture. It is a mere formality done in the papers so there is no need to follow the same.

In the case, K.L. Shephard v. Union of India[3]the concept of Post Decisional Hearing was rejected. In this case there were three banks Hindustan Commercial Bank, Bank of Cochin and Lakshmi Commercial Bank by virtue of banking regulation Act, a scheme of amalgamation was introduced where these banks were amalgamated with 3 Nationalized Banks.

Once this amalgamation took place the services of Employees of these 3 Banks were not taken into account i.e. they lost their jobs. Accordingly the employees approached the court stating that the employees were not given any opportunity to present their case and their right to be heard has been violated. The court ruled that Post-Decisional hearing does not serve any purpose and it is a mere formality.

CONCLUSION

The implementation of this theory does not come with a strait jacketed formula, but rather is based on the facts of the case and its condition. In case pre-decision hearing cannot be implemented, post-decision hearing can come to the aid.

[1] 1978 SC 597

[2] Criminal Appeal No. 218 of 2013

[3] 1987 (4) SCC 431

Lok Adalat/People’s Court

 

Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties. The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties. The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.

2. Any dispute which has not been brought before any court and is likely to be filed before the court.

Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.

Which Lok Adalat to be Approached

As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of –

(1) Any case pending before; or

(2) Any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised.

Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law.

How to Get the Case Referred to the Lok Adalat for Settlement

(A) Case pending before the court.

(B) Any dispute at pre-litigative stage.

The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties at a pre-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party.

Levels and Composition of Lok Adalats:

At the State Authority Level –

The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court or a sitting or retired judicial officer and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

At High Court Level –

The Secretary of the High Court Legal Services Committee would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

At District Level –

The Secretary of the District Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman.

At Taluk Level –

The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman.

National Lok Adalat

National Level Lok Adalats are held for at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts right from the Supreme Court till the Taluk Levels wherein cases are disposed off in huge numbers. From February 2015, National Lok Adalats are being held on a specific subject matter every month.

Permanent Lok Adalat

The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

Mobile Lok Adalats are also organized in various parts of the country which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through this mechanism.

As on 30.09.2015, more than 15.14 lakhs Lok Adalats have been organized in the country since its inception. More than 8.25 crore cases have been settled by this mechanism so far.

Approaching opposite gender

Why can’t I speak to opposite sex? What is the reason for it? What is it stopping many of us to atleast reply them in a gentle manner? I too don’t have a answer but the answer to my question lies in question itself. Is it shy or fear which is taking us far from here? These are common and frequently faced question by almost every individual.

When you can’t face you will never face it. If you face it now you will never have to face it again. Facing now will make you face it forever and will not make you feel as though you are facing it. If you have no wrong intention then you will feel free to talk. Feeling insecure about the opinion of the person whom you wanna talk will make you feel about yourself what you feel about the feel the other person gonna feel. But he’s never gonna feel because you will never gonna speak. It’s just a feeling that you feel that will be never felt by other person. If you can speak then speak, if you can’t speak then sont think about it. Wasting time on something that you will never do is something that you never get. It will happen all of sudden. If it is meant to happen it will happen for sure. Thinking about something that you can’t do unless some force make you do so is mere waste. Don’t wait for the moment because the moment happens when it wanted to.

Feel free to make a move. Have guts to do something that is not wrong. Doing something that never gonna harm others is acceptable and it’s never done because people beleive it as some wrong thing. Speaking to speak is good but speaking for the purpose of wrong intention is wrong. If you speak something that is not wrong then no one treats you in a wrong way. If you can’t speak and it’s not intended then atleast there will sometime in future where a situation arises where you have to speak because it had to happen. The only thing is stop wasting time on thinking on how to approach opposite sex to talk. It’s as simple as that. If you can, you will. If you can’t, you can’t. Don’t think of it, if it’s intended then it will happen. Daring at the moment will make you comfortable not inly to thay moment. The intensity of comfort increses as the fear decreases. Everything is normal unless you feel it so.

Divorce

The word divorce comes from Latin word ‘divortium’ which mean ‘to separate’.
Section 13- Any marriage that was solemnized before or after commencement of this act, can be dissolved by a decree of divorce by either husband or wife.
Section 13(1) – under section 13(1) there are some grounds of divorce for both husband and wife.
1) Adultery- adultery means sexual intercourse between a married person and third party. Adultery cannot be committed without one’s consent. Now, adultery is not a punishable offence but it is used as ground of divorce.
2) Cruelty- A spouse can file a divorce when he/she is subjected to any kind of mental and physical injury that causes danger to life.
3) Desertion- In desertion one party has abandoned the other party and there is no reasonable ground for abandoning. The only intention of abandoning is to end married life and this situation has been for more than 2 yrs.
4) Conversion- When one party converts its religion from Hindu to Muslim then also divorce can be granted.
5) Insanity- In case of insanity, respondent has been suffering from such mental disorder that the petitioner cannot expect to live with.
6) Venereal disease- is a sexual communicable form of disease. This disease is communicable and it is not necessary that it should have been communicated to the petitioner.
7) Renunciation- If other party has renounced the world and entered a holy world then it is considering as ground of divorce.
8) Presumption of Death- When other party is presumed to be dead or has not been heard of being alive for at least 7 yrs then it is consider as ground for divorce.

Section 13(1-A) Ground of divorce for both husband and wife

1) No presumption of cohabitation- when there is judicial separation but there is any resumption of cohabitation for 1 yr or more.
2) No restitution of conjugal rights when there is any restitution of conjugal rights after passing decree for 1 yr or more.

Section 13(2) – Provides special ground of divorce for wife

1) Bigamy husband has more than one wife
2) If husband proven guilty of rape, bestiality or sodomy.
3) If wife has obtained an order of maintenance under section 125 Cr.p.c. or cohabitation has not resumed between parties after 1 yr.
4) Marriage has been solemnized when wife was under 15 yrs and she repudiated marriage before she was 18 yrs.

Section 13B –Divorce by mutual consent
In this both parties agree to divorce whether the above mentioned grounds were available or not.

      Section 14- this section explain when parties can file divorce. Under section 14 of HMA parties cannot apply for divorce before 1 yr of their marriage, exceptional cases like domestic violence can be heard.

 Section15- Section 15 explains when divorced party can remarry. If no appeal to decree of divorce lies or if the time period of appeal has expired then parties can remarry.

Hindu marriage act 1955

Marriage is a socially permitted voluntary, stable and exclusive union between a male and female. In Hindu Religion, Marriage is treated as holy bond between two souls. It is not just union for this life but also for coming life as well. Marriage is treated as one of the essential ‘Sanskaras’. It is essential for every Hindu to marry.

A Hindu Marriage may be solemnized in accordance with the customary rites and ceremonies of either party to the marriage. There are some conditions through which Hindu marriage can be solemnized –
1) A Hindu marriage duly can be solemnized with customary rites and ceremonies of either party.
2) If the ceremony includes saptapadi the marriage become complete and it binds both parties immediately after seventh step is complete.
These ceremonies vary according to custom.
For e.g. – In Nair caste Kerala, the bridegroom and bride wear a pair of cloth given by bridegroom side which is an important customary element.
Tying of a thread around brides’ neck by bridegroom is another important custom in Hindus.

Section 8 of HMA 1955 defines proof of a Hindu Marriage are as follows-
 The state government is authorized to make rules for the registration of marriage.
 Such rules can be related to register their marriage to registrar as may be prescribed.
 It basically depends on state government to make registration of marriage compulsory in state or not. If any such direction of registration is passed by state gout then it is necessary to register their marriage otherwise it shall be punishable with fine which may extend to 25 rupees.
 Section 8(4) provides that register must be maintained by registrar and open for inspection and can be available as evidence in reasonable time.
Recently, SC has directed the centre and state gout to make necessary amendments in regard to compulsory registration of marriages by a nodal officer of their area. This compulsory registration of marriage would provide proof to the wives who failed to provide documentary proof of marriages in maintenance of suit.

Section 9 of HMA 1955 gives the explanation of Restitution of Conjugal Rights i.e. when either husband or wife evacuate of each other, the aggrieved party may apply to restitution of conjugal rights by petition to the court. And if the court believes to the truth of statement, then court can order decree of Restitution of conjugal rights. The decree of restitution of conjugal rights will be issued under order XXI rule of 32 of C.P.C.

Hindu Marriage joins two individuals together in a bond of living together. It is a union between two spouses which is completed with proper rituals and ceremonies. But it is observed under every form of marriage women’s are given lower status then men. The instances are women were kindnapped, sold in form of gifts etc. In Previous time, Marriage is considered even after the death of husband and remarriage of widows are not allowed. But with change in time the concept of divorce came up. After so much modernization still divorced was too radical for the Indian society. But with recent culture, online date or love marriage was recognized. Now, people love to do online dating on various matrimonial sites like Jewansathi.com and choose their life partner.

Section 375

In our country like India women’s are worshipped like goddess but still are not respected. There are lot of crimes against women like acid attack , stalking, hacking their personal pictures, sexual abuse, and many more which they have to face. So, we are here to discuss one of the most serious crime that occurs in every minute of time.Section 375 of IPC define one of the most henious crime i.e. Rape

Since we have assumed women to be weaker section of society, so all these sections are introduce for them , for their protection. Our laws gives them right where they can raise their voice and fight for their justice.
There is one real incident of a boy Manav Singh 17 yrs. old who committed suicide due to being falsely accused of rape. The girl, Bhavleen Kaur confessed that she was raped by him but there was no evidence and immediately his story gets viral . She and her friends started giving threaten calls and messages to the boy. He under tremendous pressure decided to commit suicide. This happens because there is no men’s commission to raise voice for falsely accused mens. We live in a society where no matter whatsoever is wrong or right we only accept that our narrow mindset allows. It is evident that there are few provisions in IPC which are anti – feminist. These provisions violates Article 14 i.e. equality to all but in our society women’s are portrayed as victims and men as perpetrators. In some cases, Women in the name of feminism use their rights in order to exploit men. Some laws must be introduced that safeguards the dignity of men as well.

India is a country where both men and women needs to acknowledged their rights. However, our constitution provides equal platforms to raise their voice against inequality. Society thinks that men need to be strong and they are treated as perpetrators. But there should be ‘ MENTOO’ to give equal rights like women.
But, even now if we see the situation of our country, society is stuck between old customs and narrow mindset. They believes that giving more liberty to women is against Indian culture which is not right. This society believes that once a woman is married then her implied consent for sexual intercourse is always present.
Many women are sexually assaulted by their husbands. So it’s high time that we criminalized Martial Rape but before criminalizing it a lots of changes are needed to be brought up not just in law but in our society too, the mindsets of people needs to be changed or upgraded to a better level where the men understands the dignity of women as their own and vice versa.

Battling COVID with stardom

Millions across the world, rich and poor, younger and older, does not matter where, we are always facing the lurking danger of coronavirus infection. It is causing a tumultuous effect on the day to day lives of people, with increasing healthcare costs, decreasing accessibility to the proper healthcare facilities, rising prices of commodities and the ever increasing number of deaths every day. Poverty has hit its record in India and with time, there is a rising inequality in the provision of treatment, thus leading to preferential treatment.  

But what is most astonishing is the fact that this diseases which was, at first, more common among the higher ranks of the society is spurring troubles among the lower ranks. Over the past few weeks, I could see a stark difference in the mode of treatment among the various ranks of the society. Consider the low wage or daily wage and the migrant workers. On the event of such a pandemic, they lost their sole earning potential, had to be transported back to their roots in ways that was unimaginable and even back at their home, poverty has reached the zenith of their lives. They basically had to pay their own fairs, which was multiple of the usual fares and they have to arrange for their own sanitation kit at the time, when they could not even afford the basic kit required for their survival. They are facing great uncertainties in their lives owing to stoppage of income, lost employment opportunities, educational hurdles of their children and many more. There were instances when the migrants tried to return to their homes walking on foot from the working locations and then losing their lives. It is very heart wrenching to see that how the lower sections of the society have to wait for uncountable hours just to get the basic treatment in the hospitals, and most of the times they succumb to their lives. Even for medical reasons other than COVID, they are being kept in isolation and the doctors do not even care to provide the basic treatment necessary to keep that patient alive. Such is the pathetic condition, not just for them but for all the common public.

And I am simply amazed to see how our own Bollywood is treating the entire pandemic. It seems like it’s a kind of spring break for them where they have been asked to do whatever they can. Many such pompous and self-centred Bollywood actors resorted to making videos such as washing the dishes when the bai is unable to come or when they are cooking some dish, which apparently we do it almost every day and then there are others who make their son playing an instrument while she teaches him how to do classical dance. And the worst part of it all is that, they all chant the same thing as to stay inside, wear mask, frequent sanitisation and doing things at home to keep mental stress at bay, but what they are forgetting is that they might have the opportunity to stay away at Disneyland, but others have to go out of their safe haven and do something to survive. Recently, a top notch Bollywood actor was tested positive for COVID and he and some of his ‘beloved’ family members had to be admitted to the hospital. He was tested on a regular basis for COVID and his family was getting the best medical care possible. The most surprising element of this news is that, first, it was broadcasted as a breaking news almost on all the national news channels and second, all the people were desperately praying for him and his family. Such is the disparity.

My only concern is in the fact that where is the praying when it comes to the ordinary people? People who are actually working for us, where are we when we need them? Why such disparity, even when the soul is not labelled?

Alas, our society still thinks actors are ‘heroes’.

Source: Self

Ruskin Bond: Literally a ‘Legend’

The Indian author of British descent, Ruskin Bond was born in Kasauli in 1934. Bond marks his 70 years of writing by releasing his book, ‘A Song of India’ on 20th july. This book is the fourth part of his memoir series, the preceding are ‘Looking for the Rainbow’, ‘Till the Clouds Roll By’ and ‘Coming Round the Mountain’.
A Song of India, describes his journey of becoming a writer. In this book he is shedding light on his lesser known life before becoming a celebrated author.

The seven decades of writing
One of the most beloved writer of the country, Ruskin Bond wrote his first novel, The Room on the Roof, when he was seventeen. For this very first novel he won John Llewellyn Rhys Memorial Prize in 1957.
Since then he has written many exceptional classics, over 500 short stories and various essays and poems. For his immense contribution in English writing he received the Sahitya Akademi award in 1992. He was awarded the Padma Shri in 1999 and Padma Bhushan in 2014.


The Himalayan Impact
The literacy legend has lived in various cities of the world, yet he finds the foothills of Himalaya the closest of his heart. He says that, ‘In these seven decades, I have written hundreds of stories for children and just as many for adults too and I am still continuing to do so. I am very fortunate to have lived in a beautiful part of the country, in the Mountains’. The bonding of Ruskin Bond with Mountains is quite significant in his writings.
In these seventy years, Bond experimented with almost every genre of writing. His works include fiction, non-fiction, short stories, novels, romance and autobiographies. Some of his significant writings are, With Love From The Hills, The Room on the Roof, Rusty Runs Away, A Flight of Pigeons, The Blue Umbrella, A Tiger in the House, A Town called Dehra and many more.