Human Law & Natural Law

Making the laws and its execution onto others has consistently been the human instinct from the earliest starting point. The main part of human law was first composed when man put his foot on the earth. With the control of fire, he began to solidify and made the state or gathering; and to oversee and control the gathering, a law was set up. Clearly such law would have been identified with the chasing, sharing of food, sharing of rooftop and so forth. With the progression of time, men develop at both their scholarly and social level. A few states were made, domains were checked , intricacy in social traditions and customs emerges and in equal, a few standards and laws shaped to control individuals and their method of livings. The steady ascent in human laws are very much seen from paleolithic age to Rig vedic age. A short time later, we have risen jump and limits in foundation of the human social orders and overseeing laws.

On the off chance that we take a gander at our general public and in progressively expansive manner, at our entire world, we will discovered multitudinous sort of variety in human decisions, inclinations, customs, ceremonies, language, conduct, and laws. Obviously, such variety is normal as we as a whole have diverse character. With the ascent in expectations for everyday comforts and own mind, it is basic to set up a standard of law that may control the human exercises of same gathering in intelligent manner. Such laws are likewise expected to tie the individuals together and sustain the harmony and fraternity among them. Aside from social reconciliation, human laws likewise administer the man’s accept and confidence. Presently, from the labor to union with death commemoration, the sum total of what ceremonies have been redone through man-made laws. The human laws finished both uprightness and harmony in the public eye and constant competition among various arrangement of brains.

At whatever point, the administering laws went to oppression against individuals and society, voices have raised. Individuals are sufficiently daring to break it. They reason may either be the social or individual. With the approach of Buddha and Jain, the standing based cultural laws were protested and attempted to perplexed. The valiance of Rajput against Mughal domain is likewise one of the best case of how they were fearless against human law. The long battle of Independence of India covers an entire story of human valiant against British laws and rules. Today, there are number of issues when individuals challenge the human laws. Regardless of whether it is the issue of fear based oppression, between nation’s belief system contrasts, military hostility, common assets, we are battling to violate the laws that are against our freedom, qualities, contemplation and own advantage. A conflict on ethnicity, race, religion, language, beliefs, minds all are much of the time watched today. The war of matchless quality will go on until the end of time. As much as we have human laws, the conflicts would be grown in the public eye at a similar degree.

Nature has its own law. It oversees in its own specific manner. From the ascending of sun to grow of seeds from soil, there is a fixed arrangement of nature’s standard that apply to all living and non-living things. Nature’s law is everlasting and fixed. Nothing is over the nature’s law. In any case, maybe we individual either didn’t get it yet or as yet attempting to challenge the nature’s law with our minds and innovation. The impedance in nature’s law has consistently brought issues and challenges for us. For instance, we fabricated dams, attempted to occupy the waterways regular course and subsequently its outcome are seen to us all as flood and dry seasons. We attempted to change the nature’s law of adjusting the piece of gases in air and along these lines, it result are before us as environmental change. We and our cutting edge would endure crushed misfortune because of environmental change for a long time. By hereditary designing we attempted to meddle in nature’s organic framework. It’s outcome come to us as a few hereditary issue illnesses. Along these lines, there are endless models when individuals meddled in nature’s law and confronted the ground.

Interest is the significant qualities of person that has consistently poked to do explore different avenues regarding nature’s law. In any case, such impedance were intended to spare the human life, progress of human culture and accomplish a plunge life. However, the issue is such endeavors crossed the admissible furthest reaches of nature. We have been so excited in accomplishing our objective that we neglect to grasp the nature for whatever it has given to us. Rather than doing some investigation in the event that we would have taken in the reasonable utilization of nature’s blessings, we would have better everyday environment. The suitable utilization of normal assets with giving qualities and regard to its different perspectives is completely not quite the same as usage of assets for exclusively personal responsibility. Nature’s law are applied to all similarly. The abuse of normal assets will remunerate in its own particular manner through flood, dry seasons, infection, war and so on.

Arrangement doesn’t deceive win the nature’s law however to grasp and regard it and to oblige ourselves with nature. we can’t sufficiently courageous to nature’s law. We ought to understand this reality and attempt to fabricate our advancement in corresponding to nature’s law. Our own law is intended to carry on with a noble existence with equivalent access to every single human right however such goal shouldn’t be at the expense of nature’s law. Something else, the time isn’t far enough when the nature will show us an intense exercise and we would be not able to spare our own reality. It’s not very late. Manufacture our own law in congruity of nature’s law.

Social Media Life

Social Media can be on the whole characterized as an innovation based stage which practically associates individuals over a system (like the Internet), and causes them impart, share media, and so forth. Some unmistakable instances of this stage incorporate Facebook, Twitter, etc.

Web based life has got a lot of gestures of recognition and reactions; one noteworthy analysis is that it is naturally a narrow minded medium. Of course, the manner in which it is utilized by most of individuals, legitimizes this announcement.

The vast majority utilize the web-based social networking to loosen up from the genuine physical world, get engaged, and restore the psyche (obviously). A normal client signs in, looks through a couple of media content, speaks with a couple of individuals, feels engaged and loose, and serves his/her motivation. Such close to home intrigue speaks to a limited vision of the whole stage, and can be properly rewarded as a childish rationale. Then again, it is likewise a narrow minded rationale that keeps the normal client joined to the online life.

This thought process is of the organizations that are managing everything. Different worthwhile highlights are occasionally come in, which keep a normal client pulled in into the stage; a code word for a bug getting pulled in towards a consuming light glimmer. Therefore, the organizations are winning billions of dollars, and are serving their business thought processes. Different factors likewise utilize the internet based life to serve their inclinations.

Take the political class for instance – ideological groups are progressively utilizing this stage to encourage their gathering promulgation. The goal is to rope in more individuals, and grow their gathering bases. While no prompt mischief comes out of it, however it speaks to a narrow minded intention of utilizing the online life. In any case, another comparable strategy of roping in individuals, may carry prompt damage to the mankind.

This perspective is of the radicalization of youth by the fear outfits. Psychological militants are progressively utilizing the internet based life stages to spread their belief systems, radicalize the clients (basically the adolescents), and enroll them in their outfits. These enlisted people may then assume various jobs, such as organizing a solitary wolf assault, or carry arms and fake cash, etc. Such accursed and childish purposes must be denounced and settled, by all the partners including the law requirement organizations, guardians, and such. Be that as it may, even these partners are not insusceptible to the narrow minded intentions of certain different entertainers.

Take the part of digital security for instance – digital crooks are progressively assaulting the online networking with all types of phishing assaults, malware, ransomware, etc. Their solitary goal is to access information; information can be monetary, political, authoritative, or even touchy global ones (like the supposed Russian interfering in the 2016 US Presidential decisions). The information at that point serves the narrow minded interests of the actor(s).

From the segment above, it very well may be genuinely inferred that internet based life is an egotistical medium, serving just childish and limited interests. Be that as it may, web based life is an immense factor, in essence, and can’t be limited to such restricted range of utilization alone. To validate, the bit underneath outlines the wide range of utilization of the online life, which is to a huge degree, non-narrow minded.

Let us start with the ‘media’ in web-based social networking – with the extended availability and computerized outreach, anyone is a possible columnist. That is, any individual can report any episode (or news), alongside believable proof, to the mass everywhere; prevailing press can go with the same pattern. Despite the fact that the news can serve individual intrigue, yet the very part of engaging each client by means of online networking, gives it a non-childish touch. This likewise presents another sacrificial goal – mass availability and correspondence.

Web based life permits exceptional availability, across different levels and partners. It additionally supports the entrance of information, in this manner empowering one to settle on educated choices. Such network additionally gives a window of little scope enterprise adventures, with extremely constrained capital speculation (like home-made dish plans for instance). Since these advantages spread the whole client base, and not implied for a specific gathering or individual, these are innately non-narrow minded in nature.

At another level, internet based life permits online networking efforts and create wide-spread help for a real reason. While such battles might be started by a couple, these by and large include issues that spread a wide range of individuals, in this way making it non-egotistical. Some conspicuous online life battles of the ongoing past incorporate that of internet fairness, against lewd behavior of ladies (#MeToo crusade, etc. Proceeding onward, certain overflow perspectives likewise feature the non-childish character of the internet based life.

Take the different Research and Development (R&D) ventures that organizations convey to upkeep their upper hands. While at first determined by benefit arranged narrow minded intentions, these activities for the most part advantage humanity with new innovations that make our carries on with simpler – Geo-labeling, face recognition, etc are some huge models. The Government of India is as of now starting an undertaking to Geo-label the different resources made through the MGNREGA plot; a really non-narrow minded activity.

Discussing government, in the part of administration additionally, web based life has endlessly supported e-administration and its three principal columns – openness, straightforwardness and responsibility. By and by, in India any client can discuss even with the Ministries straightforwardly, and get their real issues settled. Since this angle benefits the whole populace, it very well may be appropriately regarded as non-childish. Be that as it may, with regards to our condition, online life ventures blended points of view.

While the facts confirm that a ton of paper (and thus trees) get spared because of the expanding number of online clients, however a great deal of e-squander is likewise produced all the while. Here, the main perspective (that of sparing trees) might be considered as non-narrow minded since it benefits humankind on the loose. Be that as it may, the subsequent viewpoint may have a narrow minded thought process, driven by the worthwhile commercials over the online life stages, and the ensuing advancement of an expendable culture. That is, the business network benefits through this activity, at the expense of the earth.

Basically, online networking isn’t narrow minded, in essence. Everything relies upon the manner in which we use it. While it might be naturally utilized by a specific gathering (or individual) for childish thought processes, it might likewise be the situation that an individual uses it for egotistical intentions now and again, while sacrificially at different occasions. It consequently relies completely on how we use it.

In this specific circumstance, it might be expressed that internet based life is progressively driving humankind towards realism, and away from the way of otherworldly development. Along these lines, ample opportunity has already past that we figure out how to switch this pattern, and adjust our activities such that gives importance and reason to our lives.

Micro services

Microservices

The World is upgrading with the latest technology, in this updated world there are many things to know like Microservices 

What are microservices??

Microservices is an architectural pattern where every application function its own service and these services are deployed in containers and these containers speak with APIs (application program interface) 

Why would I want a microservices??

Because microservices is a traditional architectural which creates large monolithic packages that can be challenging deploy, the configuration is hard to manage, so microservices are small, isolated, packaged and independent of each other that makes our work easier and manage

Microservices vs Monolithics

Monolithic is an architecture set up used to for traditional server-side up system, the entire system functions are based on a single application, Monolithcs apps are faster than Microservices, Monoliths do not require for communicating APIs(application interfere system), and microservices need to communicate with APIs

What are the advantages of microservices

There are so many advantages but these are specifical important

Independent deployment

Independent development

Mixed technology stack

Fault isolation 

Characteristics of microservices

Organized on business capabilities

Products not projects

Small endpoints

Design for failure

Microservices vs SOA

Microservices are fine-grained and SOA is course-grained

Section 124A. Sedition

What is sedition?

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three.

Section 124A of the Indian Penal Code lays down the punishment for sedition. The Indian Penal Code was enacted in 1860, under the British Raj. Section 124A forms part of Chapter VI of the Code which deals with offences against the state and section 124A was introduced in 1870.

The sedition trial of 1897 against Lokmanya Tilak is historically famous. Tilak, a lawyer by training, was also politically active in support of independence. He established and published two dailies—Kesari in Marathi and Mahratta in English; both being published from Pune. In 1894, Professor R. P. Karkaria presented his paper on the Maratha king Shivaji to the Royal Asiatic Society in Bombay. This turned into an annual celebration commemorating the anniversary of Shivaji’s coronation. Three years later, Tilak published reports of this celebration, as “Shivaji’s Utterances”; this essay doubled as an attack on the colonial government. Justice Arthur Strachey, who presided over Tilak’s case, widened the understanding of Section 124A. Under Strachey’s definition, the attempt to excite “feelings of enmity” against government was also a form of sedition. Tilak was found guilty by the jury and sentenced to 18 months of rigorous imprisonment.Tilak again faced charges against sedition for two Kesari articles, titled “The Country’s Misfortune” (12 May 1908) and “These Remedies Are Not Lasting” (9 June 1908). He was again found guilty under the newly drafted section 124A, and sentenced to six years of imprisonment in Burma.

In 1922, Mahatma Gandhi three articles for Young India resulted into his and Shankarlal Banker’s imprisonment under the sedition section. While appearing in court, Gandhi referred to Section 124A as the “prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen”.

During the 21st century, various notable authors, creative professionals, activists and politicians have been charged with sedition under Section 124A.Arundhati Roy (2010), and Aseem Trivedi (2012), Rinshad Reera (2019).

Punishment for the offence of sedition

  • Sedition is a non-bailable offence. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which fine may be added.
  • A person charged under this law is barred from a government job. They have to live without their passport and must produce themselves in the court at all times as and when required.

Dissent and criticism of the government are essential ingredients of robust public debate in a vibrant democracy. They should not be constructed as sedition. Right to question, criticize and change rulers is very fundamental to the idea of democracy.Sedition is an archaic, oppressive colonial law that exalts the government to a position of sanctity and seeks to make us obedient, unquestioning vassals of the state. It has no place in a democracy and must be abolished

IPC and Unlawful Activities Prevention Act have provisions that penalize “disrupting the public order” or “overthrowing the government with violence and illegal means”. These are sufficient for protecting the national integrity. There is no need for Section 124A.The sedition law is being misused as a tool to persecute political dissent. A wide and concentrated executive discretion is inbuilt into it which permits the blatant abuse.

In the recent consultation paper on the sedition, the Law Commission has suggested invoking 124A to only criminalize acts committed with the intention to disrupt public order or to overthrow the Government with violence and illegal means.

Recent scenario

It is a matter of concern that a large number of sedition cases have been filed against people for protesting against the CAA. Data from the National Crime Records Bureau (NCRB) show that 194 cases of sedition have been filed since the CAA was passed on December 11, 2019. More cases of sedition have been filed since December 11 than in the last three years put together, according to NCRB data. The data also show that while the number of sedition cases filed has been going up every year (numbers for sedition cases started being recorded from 2014) in the last four years, only four cases actually resulted in conviction.

Sedition law is essentially that of suppressing free speech and free thought, both of which are unpopular with the government. Sedition is an offence which existed in our Indian Penal Code (IPC) before we got Independence because the colonial master wished to penalise anybody who was trying to overthrow the state. But the irony is that in independent India, of late, this provision is being used to bully and terrorise citizens. And in the Bidar case, where a parent and the principal of a school were charged with sedition for staging a play critical of the CAA, we saw that it was used — or rather misused — to bully and terrorise small children and a young woman.

The Supreme Court, in its interpretation of Section 124A, clearly says that it has to be against the state, not against the government. One can criticise the BJP, One can criticise the Congress, One can criticise the Communist parties. That is not sedition. When someone start criticising the constitutional state of India, that is when one invite the charge of sedition and even there the Supreme Court clearly says that there has to be a direct incitement to violence. So, sedition is a very specific and a very serious offence, and when it is used to silence and terrorise the ordinary citizen who is raising a grievance, it is terrorism by the state. 

Conclusion:

India is the largest democracy of the world and the right to free speech and expression is an essential ingredient of democracy. The expression or thought that is not in consonance with the policy of the government of the day should not be considered as sedition. The Law Commission has rightly said, “an expression of frustration over the state of affairs cannot be treated as sedition”. If the country is not open to positive criticism, there would be no difference between the pre- and post-Independence eras.

Concept of ‘Power of Attorney’ (POA)

 

Meaning of the term ‘Power Of Attorney’

‘Power Of Attorney’ is an authority given by an instrument by one person, called as the donor or principal, authorising another person, called donee or agent to act on his behalf. There may be possibility of giving ‘Power Of Attorney’ by two or more persons jointly to one or more persons. Here a legal authority is given by the principal to the agent which may be broad or limited and an agent can take all necessary decisions i.e. financial, property related matters and all other matters where principal cannot be present to sign or in the case of principal’s illness and disability. A paper signed by principal giving powers to an agent is sometimes itself called a power of attorney. A paper giving a power of attorney should be clear and understandable.

 Importance of Power of Attorney

A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies. So you actually need both a POA and a will as they complement, and do not overlap, each other. To add a twist to the subject, there are two types of POA: one for property and one for personal care. These two types are completely separate. They deal with different areas of your life and both are required for effective estate planning.

Classification of Attorney

 The Power of Attorney can be classified into two categories which includes:

 General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorising the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter. If the subject matter is not general but restricted to something either specific or specifically mentioned by the principal while drafting an instrument then it will not constitute a general power of attorney. It is otherwise called as limited power of attorney.

 Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

 Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal. A power of attorney that says this is called a durable power of attorney.

To ascertain whether power of attorney is of general or special in nature, the subject matter in respect of which power is conferred Is to be seen accurately. The power of attorney is the unilateral document wherein donor or the principal gives authoritative power to the agent by signing the document and the agent’s sign is not always required.

 Persons Competent To Execute

A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the ‘Articles of Association’ and its common seal. A person must be competent to give power to the appointed person so that it will not affect the legality of the instrument/deed of power of attorney.

Authentication of power of Attorney

As per Indian law, a power of attorney is a legal document that has to be properly framed, using the right legal terminology and setting out the objectives and responsibilities that you wish to authorise the appointee to carry out on your behalf. If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

Presumption About Power of Attorney

 A power of attorney is legal written document which has more legal value and the authenticated attorney will be presumed by the court as legal document under ‘Indian Evidence Act, 1872’. According to the Section: 85 of ‘Indian Evidence Act, 1872’, which provides that the court shall presume that every document purporting to be a power of attorney, and has to be clearly authenticate and executed before the notary or magistrate. If there is any issue arises concerning to the genuineness of the attorney then proof of its execution can be called for the verification.

Today’s Women

The position of women in society has been changed from time to time. In Vedic period women were considered to be goddesses. No social or religious function was considered to be auspicious where a woman was not present. She was called Ardhangini by her husband. That’s why the name of women was always put before the name of men like Sita-Ram, Radhey- Shyam. In Muslims the position of women is always behind the men. Also, they do not take any concrete steps to improve the status of women. Our national leaders also started working for emancipation of women. But, with change in time and technology women have left man far behind in many fields like we have women legislators, doctors, ambassadors, teachers, and lawyers. With the help of education they rise and shine. Earlier they used to remain within the four walls of house now they have broken out four walls of house and stepped ahead in life.

 Now, a modern girl has begun to live his life in its own way. She is no longer a dumb cow and can compete with boys and even sphere of life. She has become ambitious and self confident. A girl born in a poor family can also fly and enjoy like her rich friends. Earlier, a woman had to depend upon her parents, husband and family for her small basic needs. Now, the education has raised their status and become self independent.

In the past women used to take Ghunghat in front of their in-laws and husband and touched the feet of their elder ones. With change in time now women used to go office and also respect their elders. They haven’t forgotten their rituals. The only change is that they have stepped up to the outside world.

The crimes against women have increased. The crime has much to do with the existing low status of women prevalent in our society. Violence is at another level that can be emotional, physical, mental, domestic and public. Though, many measures have been taken at education, economic and independence levels that have directly or indirectly helped in increasing crime against women. If we look back historically, the status of women was quite good but now they are treated like animals, often beaten up by husbands. Women were deprived from getting education and their activities were limited to household’s chores and reproduction. The range of crime against women includes very wide range like rape, domestic violence, child marriage, dowry issue and many more. The discrimination against girl child is biggest offence. In India women are treated like goddess but this discrimination made them neglected from society. Even sometimes pregnant women do not get a proper balanced diet which leads to infant mortality rate. The attitude towards women has not been changed much. They are treated as a burden and hence denied from education. Women are considered as weaker sex. That’s why all sorts of violence are perpetrated on them. They are becoming easy targets for every male. Our society has become violent today. This is due to lawlessness in our society. Increasingly violent men are to be blamed. They have become corrupt who can’t respect a woman.

The laws have to be implemented effectively and action should be taken against violators. Women themselves have to unite and spread peace among each other and education of men is also necessary to live with peace.

The Next World War Would Not Be – A Conventional War

Unlike all the wars and disputes we’ve seen in the past the upcoming war (if any) would never be the same we can guess this with the on-going pandemic of SARS COV Virus, this is just a tip of an iceberg and there’s a lot hidden from us. Major countries in the world are packed with numerous bio weapons. So much is undergoing research and these are much more deadly than the well-known nuclear weapons. That is why it called as a “war of the future” it would be “a bio-warfare” and something of definite catastrophes for all living beings on earth.

Biological warfare also known as germ warfare is the use of biological toxins or infectious agents such as bacteria, viruses, insects, and fungi with the intent to kill or incapacitate humans, animals or plants as an act of war. Biological weapons often known as “bio-weapons”, “biological threat agents”, or “bio-agents” are living organisms or replicating entities that is, viruses which are not universally considered alive. Entomological (insect) warfare is a subtype of bio-warfare.

Biological warfare is distinct from nuclear warfare, chemical warfare and radiological warfare, which together with biological warfare make up CBRN, the military initialise for nuclear, biological, and chemical warfare using weapons of mass destruction (WMDs). None of these are considered conventional weapons, which are deployed primarily for their explosive, kinetic, or incendiary potential. Although this world has prepared these weapons but it isn’t yet ready to tackle its attack.

Biological weapons may be employed in various ways to gain a strategic or tactical advantage over the enemy, either by threats or by actual deployments. Like some chemical weapons, biological weapons may also be useful as area denial weapons. These agents may be lethal or non-lethal, and may be targeted against a single individual, a group of people, or even an entire population. They may be developed, acquired, stockpiled or deployed by nation states or by non-national groups. In the latter case, or if a nation-state uses it clandestinely, it may also be considered bio-terrorism.

More than 16 million people have been infected by the coronavirus COVID-19 world-wide with the death toll crossing 650,000, the virus which first emerged in China in December 2019 could be the start of World War 3 and the world would not even know. The analysis done by major Intelligences of the world indicates so.

The virus could have been made in China and this could be a part of its intentions to start a war against the world, if the war begins then it will be fought on the basis of biological weapons (germ-warfare). It will also use psychological warfare and attack economies of the world.

Even during the past century, more than 500 million people died of infectious diseases. Several tens of thousands of these deaths were due to the deliberate release of pathogens or toxins, mostly during attacks in the Second World War. Two international treaties outlawed biological weapons in 1925 and 1972, but they have largely failed to stop countries from conducting offensive weapons research and large-scale production of biological weapons. And as our knowledge of the biology of disease-causing agents—viruses, bacteria and toxins—increases, it is legitimate to fear that modified pathogens could constitute devastating agents for biological warfare.

India like every other nation need to dig more into these type of microorganisms and boost its virology science. Protection from these bioweapons could be only when we know them in advance. Knowing them into deep Nano science is the key to protective measures from them.

Knowledge Management and Talent Management

The talent management is more of giving due to importance to the star / high performing employees while knowledge management is more of sharing the work style and technologies.

What is talent management

The talent-management concept applies the 80/20 rule , meaning 20% of an organization’s top employees yield 80% of its positive results. This suggests that employers must treat A-level executives — those who drive and deliver superior results on a consistent basis — in an exceptional and individualized way. This occurs throughout an executive’s complete life with an organization: from his or her initial hire to development, evaluation, reward systems, retention and succession planning.

Talent management defined:

It is sometimes assumed that talent management is only concerned with key people the high flyers. But everyone in an organization has talent, and talent management processes should not be limited to the favoured few, although they are likely to focus most on those with scarce skills and high potential.

Talent management process

The key talent management processes are:

*developing the organization as an ’employer of choice’ a ‘great place to work’;

*using selection and recruitment procedures that ensure that good quality people are recruited who are likely to thrive in the organization and stay with it for a reasonable length of time (but not necessarily for life);

*designing jobs and developing roles which give people opportunities to apply and grow their skills and provide them with autonomy, interest and challenge;

*providing talented staff with opportunities for career development and growth;

*creating a working environment in which work processes and facilities enable rewarding (in the broadest sense) jobs and roles to be designed and developed;

*developing a positive psychological contract;

*developing the leadership qualities of line managers;

*recognizing those with talent by rewarding excellence, enterprise and achievement;

*succession planning ensuring that the organization has suitable people to fill vacancies arising from promotion, retirement or death;

*conducting talent audits which identify those with potential and those who might leave the organization.

what is knowledge management

Knowledge management is a business activity with two primary aspects:

Treating the knowledge component of business activity as an explicit concern of business reflected strategy, policy, and practice at all levels of the organisation. Making a direct connection between an organisation intellectual asset both explicit (recorded) and tacit (person-know-how) and positive business results.

In practice, knowledge management often encompasses identifying and maping intellectual assets within the organisation, making vast amounts of information accessible, sharing of best practices , and technology that enables all of the above including gruopware and intranet.

Knowledge management defined:

Knowledge management involves transforming knowledge resources by identifying relevant information and then disseminating it so that learning can take place.

Knowledge management is any process or practice of creating, acquiring, capturing, sharing and using knowledge, wherever it resides, to enhance learning and performance in organizations. It focuses on the development of firm specific knowledge and skills that are the result of organizational learning processes.

The contribution of HR to Knowledge management

HR can make an important contribution to knowledge management simply because knowledge is shared between people; it is not just a matter of capturing explicit knowledge through the use of information technology The role of HR is to ensure that the organization has the intellectual capital it needs. The resource based view of the firm emphasizes, that ‘distinctive human resource practices help to create unique competencies that differentiate products and services and, in turn, drive competitiveness’.

These are ways which HR can contribute:

The main ways in which HR can contribute to knowledge management are summarized below:

#Help to develop an open culture in which the values and norms emphasize the importance of sharing knowledge.

#Promote a climate of commitment and trust.

#Advise on resourcing policies and provide resourcing services which ensure that valued employees who can contribute to knowledge creation and sharing are attracted and retained.

#Advise on methods of motivating people to share knowledge and rewarding those who do so.

#Develop processes of organizational and individual learning which will generate and assist in disseminating knowledge.

#Help in the development of performance management processes which focus on the development and sharing of knowledge.

#In conjunction with IT, develop systems for capturing and, as far as possible, codifying explicit and tacit knowledge.

#Set up and organize workshops, conferences, seminars and symposia which enable knowledge to be shared on a person to person basis.

Section 28 of the Indian Evidence Act, 1872: Confession made after removal of impression caused by inducement, threat or promise, relevant

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Section 28 deals with the confession made after removal of impression caused by inducement, threat or promise, relevant. It provides that if such a confession as is referred to in Section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant. In the case of Abdul Razak v. State of Maharashtra, it was held that confession made after removal of impression caused by inducement, threat or promise is relevant under Section 28 of the Indian Evidence Act, 1872.

Section 28 provides that when at the time of confession, the impression created in the mind of the accused by threats etc. was no longer there, the confession would be relevant. In the context of the Bombay terror attack, a confession made in custody was nevertheless held to be voluntary as it was made months after the confessing accused had remained in custody and after many sessions of interrogation. Voluntariness of the confession was further becoming clear from the fact that the confession was made to set an example to others to follow him.

This section deals with the validity of confession which is made after the effect of inducement is already over. Once the mind is set free from the fear created by threats of evil or from the hope of advantage from confessing (e.g. by lapse the time), any confession made is likely to be free and voluntary and there can hardly be any objection as to its validity. Thus, a confession which is rendered irrelevant under Sec. 24 may become relevant under this section. Sec. 28 lays down the conditions under which a confession rendered irrelevant by Sec. 24 may become relevant.

A confession is admissible after the impression caused by inducement, etc., has been fully removed because it then becomes free and voluntary. The confession, as mentioned in this section, should be voluntary and received as a result of reflection and free determination, unaffected and non-induced by original threat or promise.

A confession obtained by the person in authority from an accused person exercising inducements or extending threats or promise of the kind mentioned in Sec. 24, is under our law irrelevant.

The principle, on which this exclusion of the above kind of confession is based is that an accused, more often under those circumstances may be led to falsely incriminating himself having the immediate object of freeing himself from the domineering influence of the person in authority in whose charge he was for the nonce.

Whether actually the inducement or threat or promise prompted an accused person to make a confession, is not a matter for close scrutiny it is enough if it appears that the confession was due to the inducement, threat or promise.

The casual connection between the improper influences and the confession is not meant to be of mathematical certainty for if it appears that the confession was engendered by such influences, then it will be excluded from consideration so the consideration. So the considerations which govern this matter are, whether inducements, threats or promises presided the making of a confession and whether they appear to have influenced and accused to make confession.

There is another aspect of this matter which is dealt with in Sec. 28. It is that an inducement, threat or promise once exercised, is not deemed to have a lasting impression or effect on the accused.

There is a scope of every possibility for the impression created in the minds of an accused, on account of inducement, threat or promises, to wane and make an accused a free agent to express his violation. While dealing with this kind of a question, a Judge or Magistrate has to decide beforehand, that the impression resulted from improper influence is fully removed.

The enquiry in this regard should be real and substantial and the proof that the impression was removed, should be stronger than for the matter of seeing whether a confession was evoked by an inducement, threat or promise.

Prof. Wigmore has the following passage regarding this subject; “the exclusion of a confession necessarily assume:-

1. That the inducement, if it operated at all, was likely to produce a false confession, and

2. That it did, in fact, operate upon the mind of the person.

The question arising under the first of these elements is that the nature of the inducement having been examined remains to notice those arising under the the existence and operation of the inducement.

Where an inducement sufficient to exclude any confession obtained by it, has been offered, the question often arises, whether a confession subsequent in time to the inducement was in fact influenced by it. “It must be remembered that no attempt was ever to be made to investigate the actual motive of the person confessing or the part played by the inducement among other motives. The whole theory of the inducement rests on the probable effect, not actual effect, upon the person. While that inducement is held out if a confession is made, no enquiry is ever made into the exact share or influence which the inducement had in evoking confession.

Nevertheless, though there is no enquiry into the actuality of the operation of inducement, and though it is assumed that if it was there, it operated, we may often have to inquire whether, in fact, it was there at all i.e., present to the mind of the person confessing.” There are two kinds of cases in which the question may be raised.

In the one kind, the enquiry is “Did the inducement, for the person in hand, ever come into existence at all?” In another kind, the enquiry is “Was the inducement, for the person in hand, brought to an end before the confession was made?

Sec. 28 serves as an exception to the rule contained in Sec. 24, and therefore its place should have been immediately after Sec. 24. But the arrangement in the Indian Evidence Act appears to be that all confessions made irrelevant under it, are placed in juxtaposition while all confessions which are relevant are embodied in the Act, in a serial order. This principle is contained in “Stephen’s Digest of the Law of Evidence”, Art22.

It is to the following effect: “A confession is deemed to be voluntary if it is shown to have been made after the complete removal of the impression produced by any inducement, threat or promise which would otherwise render it involuntary.” The impression may not linger for all times. So lapse of time may remove it. The result can be achieved by counter suggestions that the inducement or threats or promises are not going to benefit him, or by cautioning that a confession made by him will be used as evidence against him.

So if a court by Judicious exercised of its mind, in a position to hold that the impression caused by an inducement or threat or promise is fully removed, at the time of the making of a confession by an accused, then such confession can be admitted as evidence. It is of the first importance, regarding this matter, to see that no trace of the effect of inducement etc., is lingering in the mind of the accused.

What amounts to such total effacement of the impression and what circumstance can bring about such a result must necessarily be questions of fact and no cast-iron rules can be predicted for this purpose.

Thus a Magistrate merely telling the accused that he should not allow himself to be influenced by any inducement cannot be held to be sufficient to end the effects of an inducement. The section commences with the words “If such a confession as is referred to in Sec. 24 is made etc.”

What is the meaning of this expression? Is it necessary that the confession should have been actually made in pursuance of an inducement, threat or promise?

The word confession in this section is used in its accepted sense with the only qualification that it should be one made to a person in authority, after an inducement, threat or promise was extended and when those factors were present which have a tendency to create a particular impression in the mind of the accused over whom they were used. Even such a confession is rendered relevant by this section if it is made after the impression referred above is fully removed.

This section deals with the legality of confession which is made after the effect of inducement is already ended. Once the mind is set free from the apprehension created by threats of evil or from hopes of advantage from confessing any confession made is likely to be open and voluntary and there can barely be any doubt to its validity.

It is necessary that the effect of threats or inducements has been completely removed and to the pleasure of the court. All promises or threats should have been inhibited.

WEBSITES REFERRED:

  1. https://www.yayimages.com/26865692/confession-concept-word-art-illustration.html

2. https://advocatespedia.com/SECTION28OFTHEINDIANEVIDENCEACT1872CONFESSIONMADEAFTERREMOVALOFIMPRESSIONCAUSEDBYINDUCEMENTTHREATORPROMISERELEVANT

The birth of ROMO

Till the time when everything was ‘normal’, there existed a phenomenon that was quite common and that which caused stress. Termed as ‘FOMO’, and acronym for ‘Fear of Missing Out’ which describes a perception that others are having a better life, experiencing better things and are having much more fun and you are leading just a regular life. This phenomenon has existed for many years, but with the advent and excessive use of social media, this phenomenon has gained too much importance. FOMO usually occurs when a bunch of your ‘social media’ friends post some photos of some event without you (usually displaying the positive aspect while hiding the negative aspect), you tend to measure your life on their scale and you consider your life to be very ‘normal’. You feel like you are missing out on all the fun. Over the years, FOMO has manifested itself due to ‘posts’ on Facebook and Instagram.

But wait, times have changed. COVID-19 has practically faded the phenomenon ‘FOMO’ which concurrently gave birth to ‘ROMO’, an acronym of ‘Reality of Missing Out.’ Not only this pandemic has paralysed the world, it has also erased the feelings of missing out on fun considering the fact that everyone is locked indoors. With ROMO, you know that it is not cool to go outdoors and have fun with friends while breaking the rules of isolation.

ROMO gives a feeling of despair while losing out to go on to even the simplest of things. Like going out for dinner to a nearby restaurant, missing out for an ice-cream treat at park, going out for grocery shopping or even simply just going out for a stroll. The usual feeling of ‘getting bored’ is now substituted by different conflicting feelings such as – ‘Will I die?’, ‘Will my parents be alive?’, ‘Will I ever be able to go out for a nice dinner?’, ‘Will I be able to enjoy life as before?’. Apparently, such questions keep on running across my or anyone’s mind.

Isolation and quarantine has practically crippled the entire world. Everything around us seems to be on hold – like we are waiting for some kind of a miracle to lift the veil of such darkness. Events like religious festivals, sports tournaments, summer parades at my school, convocation at my B-School, to name among a few, got cancelled. It is very heart wrenching to see that life is just pacing forward and we are actually missing our present and that is a very harsh reality. Family members waiting to receive their ‘chemotherapy’ sessions, pre-final year students waiting to get back to their college and grand-parents waiting to visit their children, and we all are waiting, running desperately to reach the end of the tunnel. Our present is fleeting like sand sifting through our fingers, waiting for everything to end.

It is rather funny to think that just a few months back, we all had the opportunity to make choices, deciding where to go and which options need to be thrown out of the window. But think about now. Do we actually have any opportunities to even think over?

Source: https://www.bloomberg.com/opinion/articles/2020-04-26/covid-19-has-taken-us-from-fomo-to-romo

Death

What an unbelievable world it is,
How shortly they modify there ‘say’
By witnessing their multisided face,
Even My dead body was in shock ‘I must say’

They came to pay my body a ‘last visit’
But they ended up to converse about my peculiarities
Too soon, that too faded away
Even my dead was in shock ‘I must say’

“My wife is not moaning enough,”
“My Kid is into the phone,”
“How much balance I have left in the account,”
Their sobs disappeared and murmur took place
Even my dead body was in shock ‘I must say’

“Who will give me the shoulder,”
“Who will perform my rites,”
They were more eager to know about it,
It seemed it meant to them a lot.
My companion was crying, my little baby was almost unaware of
By seeing them paying adieu, I broke being a rock.