Alternative Dispute Resolution
The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a
substitute to the conventional methods of resolving disputes. ADR offers to resolve all type
of matters including civil, commercial, industrial and family etc., where people are not being
able to start any type of negotiation and reach the settlement. Generally, ADR uses neutral
third party who helps the parties to communicate, discuss the differences and resolve the
dispute. It is a method which enables individuals and group to maintain co-operation, social
order and provides opportunity to reduce hostility 1 .

Various modes of Alternative Dispute Resolution

Arbitration
The process of Arbitration cannot exist without valid arbitration agreement prior to the
emergence of dispute. In this technique of resolution parties refer their dispute to one or more
persons called arbitrators. Decision of arbitrator is bound on parties and their decision is
called ‘Award’. The object of Arbitration is to obtain fair settlement of dispute outside of
court without necessary delay and expense.

Any party to a contract where arbitration clause is there, can invoke arbitration clause either
himself or through their authorized agent which refer the dispute directly to the arbitration as
per the Arbitration clause. Here, arbitration clause means a clause that mention the course of
actions, language, number of arbitrators, seat or legal place of the arbitration to be taken
place in the event of dispute arising out between the parties.

Procedure

 Initially, applicant initiates an arbitration by filing a statement of claim that
specifies the relevant facts and remedies. The application must include the
certified copy of arbitration agreement.

1 https://blog.ipleaders.in/adr-alternative-dispute-resolution/

 Statement of claim is a written document filed in the court or tribunal for judicial
determination and a copy also send to the defendant in which claimant described
the facts in support of his case and the relief he seeks from the defendant.
 The respondent reply to the arbitration by filing an answer against the arbitration
claim of claimant that specifies the relevant facts and available defences to the
statement of claim.
 Arbitrators selection is the process in which the parties receive lists of potential
arbitrators and select the panel to hear their case.
 Then there is the exchange of documents and information in preparation for the
hearing called ‘Discovery’.
 The parties meet in persons to conduct the hearing in which the parties present the
arguments and evidences in support of their respective cases.
 After the witnesses examined and evidences are presented, then there in
conclusion arbitrator gives an ‘Award’ which is binding on the parties. 2

Mediation
Mediation is an Alternative Dispute resolution where a third neutral party aims to assist two
or more disputants in reaching agreement. It is an easy and uncomplicated party centered
negotiation process where third party acts as a mediator to resolve dispute amicably by using
appropriate communication and negotiation techniques.  This process is totally controlled by
the parties. Mediator’s work is just to facilitate the parties to reach settlement of their dispute.
Mediator doesn’t impose his views and make no decision about what a fair settlement should
be.

Conciliation
Conciliation is a form of arbitration but it is less formal in nature. It is the process of
facilitating an amicable resolution between the parties, whereby the parties to the dispute use
conciliator who meets with the parties separately to settle their dispute. Conciliator meet
separately to lower the tension between parties, improving communication, interpreting issue
to bring about a negotiated settlement  There is no need of prior agreement and cannot be
forced on party who is not intending for conciliation. It is different from arbitration in that
way.
2 http://lexisnexis.in/law-and-practice-of-alternative-dispute-resolution-in-india-a-detailed-analysis.htm

Lok Adalat
Lok Adalat is called ‘People’s Court’ presided over by a sitting or retired judicial officer,
social activists or members of Legal profession as the chairman. National Legal Service
Authority(NALSA) along with other Legal Services Institutions conducts Lok Adalats on
regular intervals for exercising such jurisdiction.  Any case pending in regular court or any
dispute which has not been brought before any court of law can be referred to Lok Adalat.
There is no court fees and rigid procedure followed, which makes the process fast. If any
matter pending in court of referred to the Lok Adalat and is settled subsequently, the court fee
originally paid in the court when the petition filed is also refunded back to the parties.   

Parties are in direct interaction with the judge, which is not possible in regular courts. It
depends on the parties if both the parties agree on case long pending in regular court can be
transferred to Lok Adalat. The persons deciding the cases have the role of statutory
conciliators only, they can only persuade the parties to come to a conclusion for settling the
dispute outside the regular court in the Lok Adalat. Legal Services Authorities (State or
District) as the case may be on receipt of an application from one of the parties at a pre-
litigation stage may refer such matter to the Lok Adalat for which notice would then be
issued to the other party. Lok Adalats do not have any jurisdiction to deal with cases of non-
compoundable offenses.

LEGISLATIONS OF ADR IN INDIA
Code of Civil Procedure
 The Code of Civil Procedure, 1859 in its sections 312 to 325 dealt with arbitration in suits
while sections 326 and 327 provided for arbitration without court intervention. The Code of
Civil Procedure (Act 5 of 1908) repealed the Act of 1882. The Code of Civil Procedure, 1908
has laid down that cases must be encouraged to go in for ADR under section 89(1). 3  Under
the First Schedule, Order XXXII A, Rule 3 a duty is cast upon the courts that it shall make an
endeavor to assist the parties in the first instance, in arriving at a settlement in respect of the
subject matter of the suit. 4  The second schedule related to arbitration in suits while briefly
providing arbitration without intervention of a court. Order I, Rule 1 of the schedule says that
where in any suit, all the parties agree that any matter in difference between them shall be
referred to arbitration, they may, at any time before judgment is pronounced; apply to the
court for an order of reference. This schedule, in a way supplemented the provisions of the
Arbitration Act of 1899.
Arbitration and Conciliation Act, 1996:
 The government enacted the Arbitration and Conciliation Act, 1996 in an effort to modernize
the 1940 Act. In 1978, the UNCITRAL Secretariat, the Asian African Legal Consultative
Committee (AALCC), the International Council for Commercial Arbitration (ICCA) and the
International Chamber of Commerce (ICC) met for a consultative meeting, where the
participants were of the unanimous view that it would be in the interest of International
Commercial Arbitration if UNCITRAL would initiate steps leading to the establishment of
uniform standards of arbitral procedure. The preparation of a Model Law on arbitration was
considered the most appropriate way to achieve the desired uniformity. The full text of this
Model Law was adopted on 21 st  June 1985 by UNCITRAL. 5 This is a remarkable legacy
given by the United Nations to International Commercial Arbitration, which has influenced
Indian Law. In India, the Model Law has been adopted almost in its entirety in the 1996
Act. This Act repealed all the three previous statutes. Its primary purpose was to encourage
arbitration as a cost-effective and quick mechanism for the settlement of commercial
disputes. It covers both domestic arbitration and international commercial arbitration.It
marked an epoch in the struggle to find an alternative to the traditional adversarial system of
litigation in India.
The changes brought about by the 1996 Act were so drastic that the entire case law built up
over the previous fifty-six years on arbitration was rendered superfluous. Unfortunately, there
was no widespread debate and understanding of the changes before such an important
legislative change was enacted. The Government of India enacted the 1996 Act by an
3 Civil Procedure Code, 1908 as amended and implemented in 2002.
4 Civil Procedure Code 1908, Order XXXII A Rule 3
5 P.C. Rao & William Sheffield, Universal Law Publishing Co. Pvt. Ltd., Alternative Dispute Resolution: What
is it and how it works, at 26(1997 ed., 2006).

ordinance, and then extended its life by another ordinance, before Parliament eventually
passed it without reference to Parliamentary Committee.
Arbitration, as practiced in India, instead of shortening the lifespan of the dispute resolution,
became one more “inning” in the game. Not only that, the arbitrator and the parties’ lawyers
treated arbitration as “extra time” or overtime work to be done after attending to court
matters. The result was that the normal session of an arbitration hearing was always for a
short duration. Absence of a full-fledged Arbitration Bar effectively prevented arbitrations
being heard continuously on day-to-day basis over the normal working hours, viz. 4-5 hours
every day. This resulted in elongation of the period for disposal.
Veerappa Moily also said in the ADR congress held in the year 2010 that the 1996 Act,
although modeled along international standards, has so far proved to be insufficient in
meeting the needs of the business community, for the speedy and impartial resolution of
disputes in India.The Law Commission of India prepared a report on the experience of the
1996 Act and suggested a number of amendments. Based on the recommendations of the
Commission, the Government of India introduced the Arbitration and Conciliation
(Amendment) Bill, 2003, in the Parliament. The standing committee of law ministry felt that
provisions of the Bill gave room for excessive intervention by the courts in arbitration

SHARES:

A unit of ownership that represents an equal proportion of a company’s capital. It entitles its holder (the shareholder) to an equal claim on the company’s profits and an equal obligation for the company’s debts and losses.
Two major types of shares are (1) ordinary shares (common stock), which entitle the shareholder to share in the earnings of the company as and when they occur, and to vote at the company’s annual general meetings and other official meetings, and (2) preference shares (preferred stock) which entitle the shareholder to a fixed periodic income (interest) but generally do not give him or her voting rights.

TYPES OF SHARES :

 Ordinary shares

Ordinary shares are the most common type. They carry one vote per share and they entitle the owner to participate equally in the company’s dividends. If the organisation is wound up, the proceeds are again allocated equally.

Ordinary shares carry voting rights but rank after preference shares with regards to rights to capital, in the event that the business is wound-up. It’s possible to break these shares down into different classes, which will be explained later.

2. Non-voting shares

Non-voting ordinary shares usually carry no right to vote and no right to attend general meetings. These shares are usually given to employees so that remuneration can be paid as dividends for the purposes of tax efficiency for both parties.

3. Preference shares

Preference shares entitle the owner to receive a fixed amount of dividend every year. This is received ahead of individuals that hold ordinary shares. It is also usually as a percentage of the nominal value (the value stated when the shares were issued).

4. Redeemable shares

Redeemable shares are issued on the terms that the company will/may buy them back at a future date. This is either fixed or, set at the director’s discretion. It’s usually done with non-voting shares given to employees so that if the employee leaves, the shares can be taken back at their nominal value.

Transfer and Transmission of Shares

Shares are like any other goods. A purchaser gets no better title than the seller .

The capital of a company is divided into a number of undividable units of a preset amount called ‘shares ‘. The Supreme Court of India in CIT v. Standard Vacuum Oil Co, observed, that a share is an interest measured by a sum of money and made up of diverse rights conferred on it.  It implies the existence of some person entitled to the rights, which are rights in action as distinct from rights in possession, and until the share is issued the person does not exist. 

Transferability is an important feature of a share in a company registered under the Companies Act, from which emanates another feature of a company- perpetual succession. It endows a company with perpetual and uninterrupted existence. Upon incorporation, a company acquires its own independent legal personality and legal entity in the company. Section 82  states that the share shall be a movable property and transferable in a manner provided by the articles of the company. It has, however, been consistently held by the courts that subject to restrictions imposed by the articles, a shareholder is free to transfer shares to a person of his own choice and that the articles cannot put a complete ban or unreasonable restriction on the transfer. While shares in a private company are not freely transferable and are subject to the restrictions imposed by the articles of the company, shares in a public company are freely transferable  . There are different types of transfer such as transfer of share by gifts, in case of joint holdings and transfer in private companies. 

Transfer of shares is a transaction resulting in a change of share ownership. A shareholder, whether in public or private company, has a property in his share which he has a right to dispose of, subject only to any express restriction which may be found in the articles of the company .

Transmission is the automatic process; when a shareholder dies, his shares immediately pass to the personal representatives or, if a member is declared bankrupt, their shares will vest in the trustee in bankruptcy .

The Depositories Act, 1996 provides for an alternate mode of effecting transfer of shares. Investors have the choice of continuing with the existing share certificates (i.e., in physical form) and adopt the existing mode of effecting their transfer. Every depository is registered with the SEBI and receives a certificate of commencement of business on fulfillment of such conditions. Upon entry into the system, share certificates belonging to the investor will be dematerialized and their names entered in the books of participants as beneficial owners. The investor’s names in register of companies concerned will be replaced by the name of the depository as the registered owner of the securities. The investors will, however, continue to enjoy the economic benefits from the shares as well as voting rights on the shares concerned

HOW IS SHARE DIFFERENT FROM DEBENTURES:

BASIS FOR COMPARISON	SHARES	DEBENTURES
Meaning	The shares are the owned funds of the company.	The debentures are the borrowed funds of the company.
What is it?	Shares represent the capital of the company.	Debentures represent the debt of the company.
Holder	The holder of shares is known as shareholder.	The holder of debentures is known as debenture holder.
Status of Holders	Owners	Creditors
Form of Return	Shareholders get the dividend.	Debenture holders get the interest.
Payment of return	Dividend can be paid to shareholders only out of profits.	Interest can be paid to debenture holders even if there is no profit.
Allowable deduction	Dividend is an appropriation of profit and so it is not allowed as deduction.	Interest is a business expense and so it is allowed as deduction from profit.
Security for payment	No	Yes
Voting Rights	The holders of shares have voting rights.	The holders of debentures do not have any voting rights.
Conversion	Shares can never be converted into debentures.	Debentures can be converted into shares.
Repayment in the event of winding up	Shares are repaid after the payment of all the liabilities.	Debentures get priority over shares, and so they are repaid before shares.
Quantum	Dividend on shares is an appropriation of profit.	Interest on debentures is a charge against profit.
Trust Deed	No trust deed is executed in case of shares.	When the debentures are issued to the public, trust deed must be executed.

The Information Technology (IT) Act 2000 was amended to allow for the admissibility of digital evidence.  The Information Technology Act, 2000 and its amendment are based on the United Nations Commission on International Trade Law (UNCITRAL) model Law on Electronic Commerce. An amendment to the Indian Evidence Act 1872, the Indian Penal Code 1860 and the Banker’s Book Evidence Act 1891 provides the legislative framework for transactions in electronic world. The e-EVIDENCE can be found in e-mails, digital photographs, ATM transaction logs, word processing, documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories databases, Contents of computer memory, Computer backups, Computer printouts, Global Positioning System tracks, Logs from a hotel’s electronic door locks, Digital video or audio files. Digital Evidence tends to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive and more readily available.

Indian evidence act : concerning sections

Sec 3- talks about the documentary and all form of electronic evidence

Sec 59

Sec65a,65b

Section 65B of the Evidence Act details this special procedure for adducing electronic records in evidence. Sub-section (2) lists the technological conditions upon which a duplicate copy (including a print-out) of an original electronic record may be used:

1. At the time of the creation of the electronic record, the computer that produced it must have been in regular use,
2. The kind of information contained in the electronic record must have been regularly and ordinarily fed in to the computer,
3. The computer was operating properly; and,
4. The duplicate copy must be a reproduction of the original electronic record.

The Section 65B of the Evidence Act makes the secondary copy in the form of computer output comprising of printout or the data copied on electronic/magnetic media admissible. It provides:²¹ Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media, produced by a computer shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

Sec. 65B (2)

The computer from which the record is generated was regularly used to store or process information in respect of activity regularly carried on by a person having lawful control over the period, and relates to the period over which the computer was regularly used; Information was fed in computer in the ordinary course of the activities of the person having lawful control over the computer; The computer was operating properly, and if not, was not such as to affect the electronic record or its accuracy; Information reproduced is such as is fed into computer in the ordinary course of activity.²²

Sec.65 B (3)

The following computers shall constitute as single computer

1. By a combination of computers operating over that period; or
2. By different computers operating in succession over that period; or
3. By different combinations of computers operating in succession over that period; or
4. In any other manner involving the successive operation over that period, in whatever order, of one or more
5. In any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers.

Sec. 65B (4)

Regarding the person who can issue the certificate and contents of certificate, it provides the certificate doing any of the following things: identifying the electronic record containing the statement and describing the manner in which it was produced; giving the particulars of device, dealing with any of the matters to which the conditions mentioned in subsection ﴾ 2 ﴿ relate and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities ﴾whichever is appropriate ﴿ shall be evidence of any matter stated in the certificate and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.²³ This contention is further strengthened by the insertion words “Notwithstanding anything contained in this Act” to Section 65A & 65B, which is a non obstante clause, further fortifies the fact that the legislature has intended the production or exhibition of the electronic records by Section 65A & 65B only. A non obstante clause is generally appended to a Section with a view to give the enacting part of the Section, in case of conflict, an overriding effect over the provision in the same or other act mentioned in the non obstante clause. It is equivalent to saying that despite the provisions or act mentioned in the non obstante clause, the provision following it will have its full operation or the provisions embraced in the non obstante clause will not be an impediment for the operation of the enactment or the provision in which the non obstante clause occurs. The aforesaid principles of interpretation with respect to the non obstante clause in form of “Notwithstanding anything contained in this Act” is further supported by the Hon’ble Apex Court in Union of India and Anr., v. G.M. Kokil and Ors.²⁴ observed “It is well known that a non obstante clause is a legislative device which is usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary provisions.” Further, the Hon’ble Apex Court in the case cited as Chandavarkar Sita Ratna Rao v. Ashalata S. Guram,²⁵ explained the scope of non obstante clause as “It is equivalent to saying that in spite of the provision of the Act or any other Act mentioned in the non obstante clause or any contract or document mentioned tahe enactment following it will have its full operation”.

when electronically stored information is offered as evidence, the following tests need to be affirmed for it to be admissible:

1. Is the information relevant.
2. Is it authentic.
3. Is it hearsay.
4. Is it original or, if it is a duplicate, is there admissible secondary evidence to support it; and
5. Does its probative value survive the test of unfair prejudice?

Cases:

Anvar vs basheer

In this regard, relevant oral evidence as to the genuineness of the record can be offered by the Examiner of Electronic Evidence, an expert witness under section 45A of the Evidence Act who is appointed under section 79A of the IT Act. In Sanjaysinh Ramrao Chavan vs. Dattatray Gulabrao Phalke.⁴⁵ The court relying upon the judgment of Anvar case while considering the admissibility of transcription of recorded conversation in a case where the recording has been translated, it was held that as the voice recorder had itself not subjected to analysis, there is no point in placing reliance on the translated version. Without source, there is no authenticity for the translation. Source and authenticity are the two key factors for electronic evidence.

Admissibility of whats app messeges in the court

 In the case of Mok Yii Chek v Sovo Sdn Bhd & Ors [2015] MLRHU 196, the High Court held that print-outs of e-mails and Whatsapp messages fall within the wide meaning of “document” under the Evidence Act. As such, those print-outs can be treated as any other printed document when it comes to admissibility.

The High Court went on to hold that even if a party disputes the genuineness of a print-out of a Whatsapp message, the Whatsapp message may still be admitted as evidence if the following criteria is met:

• The party who adduces the Whatsapp message must prove that the Whatsapp message concerns the existence or non-existence of a fact in issue, or that it is otherwise relevant to the proceedings; and
• The party who adduces the Whatsapp message must meet the procedural requirements of admitting a document produced by a computer (eg: through oral evidence that the print out was produced by the computer in the course of the ordinary use of the computer, or by providing a certificate under Section 90A of the Evidence Act 1950).

In this case, the High Court not only found the Whatsapp messages to be admissible, but added that they should be given “great weight” because of the contemporaneous nature of the Whatsapp messages with the key events in that case.  The High Court also found that the Whatsapp messages can be used to corroborate the oral testimonies of the witnesses, giving them more credibility.

Have there been situations where Whatsapp messages were not admissible?

In the recent Industrial Court case of Mohamad Azhar Abdul Halim v Naza Motor Trading Sdn Bhd [2017] 1 MELR 383, the court refused to attach any weight to a snapshot image of a Whatsapp conversation.  This was the snapshot in question:

In this case, there was a dispute as to whether the Claimant was the person who sent the alleged Whatsapp message. The Industrial Court held that the snapshot did not conclusively prove that the Claimant was the sender, since the image did not show these particulars:

• The Claimant’s name
• The date of the Whatsapp message
• The Claimant’s handphone number
• The Claimant’s profile picture

Further, through a demonstration in Court, the Claimant was able to show the Court that a Whatsapp message can be fabricated, resulting in a fabricated Whatsapp snapshot image of that message.

In another recent case, Nazaruddin Mohd Shariff @ Masari & Ors v Samsyem Saam & Ors [2017] 1 MLRH 594, the High Court found it was “wholly unsafe at this stage of the proceedings to rely on Whatsapp messages as conclusive evidence”.  Here, the Defendants attempted to rely on some Whatsapp messages with the Plaintiffs to prove that the Plaintiffs had allegedly admitted that they were not the rightful beneficiaries of the estate. The High Court concluded that this issue could easily be proven by adducing the “Sijil Faraid”, a formal document which would have conclusively shown the rightful beneficiaries of the estate, which the Defendants failed to do. As such, the High Court refused to admit the Whatsapp messages as evidence.

Commentary

The general principle is that Whatsapp messages can be admissible as evidence.  This is especially where there is no dispute as to the authenticity of the Whatsapp message, and no dispute as to the identity of the parties to the Whatsapp conversation.  Bearing in mind the findings of the cases above, parties who intend to adduce Whatsapp messages as evidence in their court cases should still ensure that:

• the snapshots of their discussions contain the necessary information to identify the sender/recipient of the messages; and
• they don’t wholly rely on Whatsapp messages to build their case, especially when there are other documents available that would be able to conclusively prove the factts

authencticity of documents.:

the documents must be admitted in the court by providing a certificate of autencticity as prescribed  under Section 90A of the Evidence Act 1950. In that that expert issues a certificate after examining the document carefully. These expert are appointed by the government on the basis of expertise in that field.

It’s almost impossible to go through life without experiencing some kind of failure. People who do so probably live so cautiously that they go nowhere. Put simply, they’re not really living at all.
But, the wonderful thing about failure is that it’s entirely up to us to decide how to look at it.

We can choose to see failure as “the end of the world,” or as proof of just how inadequate we are. Or, we can look at failure as the incredible learning experience that it often is. Every time we fail at something, we can choose to look for the lesson we’re meant to learn. These lessons are very important; they’re how we grow, and how we keep from making that same mistake again. Failures stop us only if we let them.
Many of us have probably experienced this at one time or another. The fear of failing can be immobilizing – it can cause us to do nothing, and therefore resist moving forward. But when we allow fear to stop our forward progress in life, we’re likely to miss some great opportunities along the way.
Causes: To find the causes of fear of failure, we first need to understand what “failure” actually means.

We all have different definitions of failure, simply because we all have different benchmarks, values, and belief systems. A failure to one person might simply be a great learning experience for someone else.

Many of us are afraid of failing, at least some of the time. But fear of failure (also called “atychiphobia”) is when we allow that fear to stop us doing the things that can move us forward to achieve our goals.

Fear of failure can be linked to many causes. For instance, having critical or unsupportive parents is a cause for some people. Because they were routinely undermined or humiliated in childhood, they carry those negative feelings into adulthood.

Experiencing a traumatic event at some point in your life can also be a cause. For example, say that several years ago you gave an important presentation in front of a large group, and you did very poorly.

Experience fear of failure:
◆A reluctance to try new things or get involved in challenging projects.
◆Self-sabotage – for example, procrastination, excessive anxiety , or a failure to follow through with goals.
◆Low self-esteem or self-confidence – commonly using negative statements such as “I’ll never be good enough to get that promotion,” or “I’m not smart enough to get on that team.”
◆Perfectionism – A willingness to try only those things that you know you’ll finish perfectly and successfully.
Failure can also teach us things about ourselves that we would never have learned otherwise. For instance, failure can help you discover how strong a person you are. Failing ouat something can help you discover your truest
friends, or help you find unexpected motivation to succeed.

How to stop living in fear.
If you are afraid of failure, you might be uncomfortable setting goals . But goals help us define where we want to go in life. Without goals, we have no sure destination.

Many experts recommend visualization as a powerful tool for goal setting. Imagining how life will be after you’ve reached your goal is a great motivator to keep you moving forward.

However, visualization might produce the opposite results in people who have a fear of failure. Research shows that people who have a fear of failure were often left in a strong negative mood after being asked to visualize goals and goal attainment.

as we know that flood is the natural disaster which can knock the door anytime and specially in the monsoon it goes gallant . it is well said that we can overcome over the fire but controlling the water is the biggest challenge . the lives after the flood gets completely changed i am not talking about te lavish buildings of the allied class i am just talking about the poor rural humans more focusing on the people of the bihar and the assam states the flood goes wilder in these areas . in the districts of bihar such as east and west chaparan nepal realeases the water resulting in sudden rise in the water level leaving no chance of preperation for the survival during the time . in the recent case in assam nearly 20 villages drained off by the water sudenly in the night and caused death of 22 people from the region . the grief and pain of those family can not be expressed in the words who lost ther near ones . the main assests of the rural people is the cattles wich includes cow ,ox, goat etc which was also blown by the water forces during the time . in the current scenario the govt has failed to look in to the matter leraning from the past records of floods . every year these things happens and there is no absolute measures which is initiated by the govermenet to eradicate the problems of the flood. during the pandemic time the world is most affected by the novel corona virus which has gained the attention of the whole world including india but let me tell truefacts that in floodhitareas lives are more affected than that of the covid 19 . if we talk of bihar there are 15 lakhs people who got affected and about 9.5 lakhs people were rescued by the national disater relief force frorm the down areasand had been shifted to upper areas .

ccording to the disaster management department’s daily flood bulletin, altogether 64 blocks have been affected by floods across 10 districts, including East Champaran, West Champaran, Gopalganj, Muzaffarpur, Sitamarhi, Sheohar, Supaul, Kishanganj, Darbhanga, and Khagaria. However, Thursday saw a reduction in the intensity of rainfall in the region as well as a falling trend in the water level.
The state government has initiated several steps for flood rescue and rehabilitation, including deployment of 13 NDRF teams and eight teams of eight State Disaster Response Force.
The Bagmati and Adhwara are flowing above the danger level at all 10 flood gauges in Sitamarhi, Madhubani, Darbhanga, Muzafarpur and Samastipur districts. Kosi was also flowing above the danger level at four places in Supual, Khagaria, Bhagalpur and Saharsa districts on Thursday.

. here are the steps which needs to taken up:

introduce better flood warning system

increase spending on h flood defence

Protect wetlands and introduce plant trees strategically

tacle climate change efficently

restore rivers to thier natural courses

improve soil conditins which can hold water

construct water barriers efficiently like dams and barrage

if this measures could e taken then it could be surely be helpful in the matters which is curse on the life of the human beings and more on the helpless and needy people who gets affected most during the time of the flood emergency

thanks …

On the occasion of Kargil Vijay Diwas, Information and Broadcasting Minister Prakash Javadekar paid tributes to Jawans who laid down their lives to keep the nation safe. In a tweet, Mr Javadekar said, under Operation Vijay the brave sons of India sacrificing their lives got victory in the Kargil war against Pakistan.  He said, 21 years ago the Jawans fought valiantly against Pakistani intruders and defended the borders against the enemy.

President Ram Nath Kovind has said that Kargil Vijay Diwas is symbol of fearless determination and exceptional valour of our Armed Forces. Mr Kovind saluted the soldiers who fought the enemy and laid down their life to defend Bharat Mata. In a tweet, the President said, the nation is forever grateful to them and their families.

Home Minister Amit Shah has said that Kargil Vijay Diwas is a symbol of India’s proud, valour and steadfast leadership. In a tweet Mr Shah said, he bow to the Soldiers who, with their indomitable courage, drove the enemy from the inaccessible hills of Kargil and waved the tricolor there again. He said, the country is proud of the heroes of India dedicated to protect the motherland.

The fifth phase of the Vande Bharat Mission will begin from 1st of next month to rescue Indians stranded abroad. It will continue till 31st August this year.
 
Civil Aviation Minister Hardeep Singh Puri said the detailed schedule of the mission will be shared soon. He said evacuation and outbound travel of every stranded Indian is a priority and no one will be left behind.
 
The Minister said over eight lakh 14 thousand people have returned since 6th May this year through various means under the Vande Bharat Mission.

India has registered a record number of single day COVID19 tests on the second consecutive day. Health Ministry said, in the last 24 hours, four lakh 42 thousand 31 samples were tested. For the first time, Government labs set a new record of testing 3 lakh 62 thousand 1 hundred 53 samples. Private labs also scaled a new high of 79 thousand 8 hundred 78 samples tested in a single day.
 
The Union Government has advised all States to keep up with the strategy of aggressive testing, tracking and treatment which may initially lead to a high number of daily positive cases but would eventually achieve a decline as has been demonstrated after Union Government’s efforts in Delhi.

In a fresh salvo at China, US Secretary of State Mike Pompeo has said that the South China Sea is not Beijing’s maritime empire. He said, United States’ policy is crystal clear that South China Sea dispute must be resolved through international law.
 
Mr Pompeo said, if Beijing violates international law and free nations do nothing, history shows that Chinese Communist Party will simply take more territory. Mr Pompeo’s statement comes after Australia backed United States saying Beijing’s territorial claims in the South China Sea are illegal.
 
In a letter to the United Nations, Australia’s permanent mission rejected Chinese Communist Party’s claim to disputed islands calling them inconsistent with international law.
 
Australian government said, any claims by China are inconsistent with 1982 United Nations Convention on the Law of the Sea (UNCLOS). It said maritime claims by Chinese Communist Party do not adhere to the UN rules on baselines, maritime zones and classification of features.
 
China claims nearly 90 per cent of the South China Sea as its sovereign territory. The sea, which is grouped into three archipelagos, is very crucial for global trade.
 
Earlier the US officially dismissed China’s claims to offshore resources across most of the South China Sea calling Beijing’s bullying tactics to control the region as completely unlawful.
In his July 13 statement, Mr Pompeo said, Washington will align its position over Chinese claims with the 2016 Arbitral Tribunal’s decision.
 
In 2016, an arbitral tribunal ruled that China’s claim over historic rights to resources in the South China Sea was incompatible with the detailed allocation of rights and maritime zones in the UN Convention on the Law of the Sea.