Food Wastage Crisis in India

Food is the most fundamental among the essential necessities of life. According to the UN’s Food and Agriculture Organization, one-third of the total global food production is wasted, costing the world economy about $750 billion. Annually, close to `31 million (70-75%) of waste is dumped into open landfill sites. Globally, India currently ranks seventh in terms of overall food wastage agricultural produce, poultry and milk. In fact , according to the agriculture ministry, INR 50,000 crores worth of food produced is wasted every year in the country.

Why is food wastage a problem?

  1. 25% of fresh water used to produce food is ultimately wasted, even as millions of people still don’t have access to drinking water. When you calculate the figures in cubic kilometers, this is a bit more than an average river.
  2. Even though the world produces enough food to feed twice the world’s present population, food wastage is ironically behind the billions who are malnourished . The numbers of hungry people in India has increased by 65 million more than the population of France. According to the survey in 2013, 20 crore Indians sleep hungry every night. About 7 million children died in 2012 because of hunger/malnutrition.
  3. Acres of land are deforested to grow food . Approximately 45% of India’s land is degraded primarily due to deforestation, unsustainable agricultural practices, and excessible groundwater extraction to meet the food demanded.
  4. 300 million barrels of oil are used to produce food that is ultimately wasted.

Food wastage cripples a country’s economy to an extent that most of us are unaware. Some measures that the government needs to take include containing wastage in transportation, improve storage facilities (the cold storage chain is 50% less than required and that too needs to be brought up to the world standards), food processing also needs to be sped up so food is saved and wasted less to feed more.

While you may not be able to reduce food lost during production, you can certainly reduce food at your personal level of food waste. Every step taken in the right direction counts.

On my way to home: RAFALE coming India

Amidst the tension at the LAC, Indian defence has an increase in its power.

France has given 10 rafale fighter jets to India of which 5 will land in India by monday. After travelling 7000km they will reach Ambala airbus by wednesday. On monday night they landed at UAE’s Al-Dhafra airbus.

These fighter jets will be a part of 17th squadron ‘Golden Arrow’. All 36 Rafale jets will reach India by 2021 end.

Indian Ambassador in France, Javed Ashraf said that the Rafale will help Indian defence get stronger during their take off from France.

Another shock to Congress within a week

Governor Kalraj Mishra has denied the permission of calling special session in the VidhanSabha for the second time and that too within a week.

This came as a big shock to the party after which the came out on the roads. The Rajasthan government has become aggresive and has even sent a letter to the President and have talked to the Prime Minister so as to look into the matter.

Not only the Governor has denied the permission, but also he has said to give a notice of 21 days along with several conditions.

As told earlier, the Congress in states other than Rajasthan came out on the road and surrounded the Rajbhawans and started their protest. They even sloganeered in UP’s RajBhawan and even got into a browl with the police after which many politicians got arrested.

On the other hand, Speaker C.P Joshi has withdrawn his petition filed in the Supreme Cout by which he was questioning the disqualification of Sachin Pilot and his 19 MLA’s.

Zombies – A Myth or a Reality?

Have you watched the popular series – “The Walking Dead”? If you have watched it, you will definitely know what exactly I am talking about. If you do not know, I will just give a brief about it. It is a series about how survivors of zombie apocalypse are trying to escape and combat the threats from the zombies and how with time, human beings formed their own communities and groups and the rise of conflict between those communities. So basically this is a series about zombie apocalypse and how they are being termed as ‘walkers’ on earth.

So what exactly are these zombies? Do they exist for real or are they just a figment of imagination? From ages, zombies are being described as flesh eating corpse with a ravenous appetite, terrorizing on the grounds like a strong robot, looking to infest on flesh. Such creatures are almost dead and oozes every signs of inhumanity.

Are these new or have they always infested the earth? Well, history says that the stories of zombies first originated in Haiti culture, where the West African slaves were brought to work on Haiti’s sugar cane plantations. But they were treated so brutally, that their life or afterlife represents the zombie culture. Other says that the Ancient Greek Civilization was the first to experience this. In fact, many skeletons which were pinned down to ground using stones were unearthed, which kind of verifies their existence.

Who is prepared for a 'zombie apocalypse'? - BBC News
Zombie Apocalyse

But there do exists some true facts about the zombies and voodoo. Voodoo is practised as a religion in some cultures like Haiti where some people believe that zombies are people who are revived by a voodoo practitioner, Bokor. It is a concoction of herbs, bones, animal parts and especially ‘tetrodotoxin’ which is a deadly neurotoxin found in marine species, which if injected in high quantities can lead to paralysis and coma. It manifest zombie like qualities among the human beings. Thinking that infected person to be dead, they usually revive and thus rose the term ‘zombie’.

But is there even a bit of truth? Medical reports suggests so. One instance was that a person named Clairvius Narcisse, who was admitted to hospital due to acute respiratory problems in 1962, but later slipped into coma and being declared as dead, was buried later. 18 years later, a man goes to Angelina Narcisse and claims to be her brother. Upon verification by doctors, that he was buried alive, he was sent off to work in the sugar plantation.

Zombies might not exist as there have been no mention of these in Old Testament or New Testament but there have been mentions of resurrections of saints and sinners in Bible. So there is a very little evidence as to whether such zombies exists or if there is even a zombie apocalypse. Not only on religious books, since the eighteenth century, there have been various literatures of spirits and ghosts. Various movies were also made such as Night of the Living Dead and World War Z, just to name a few.

It is ultimately all about perception. Disasters have always caused such huge destruction and there is always this survival of the fittest psychology which goes among us. So it might be true that zombies do not exist, but then again who are we to judge history?

Starvation

Starvation is a very deadly condition which results in malnutrition and even loss of life. India and starvation have been going hand in hand for a very long time. It is so because the people living below the poverty line in India are very high. Moreover, starvation is a cause of so many deaths every year that it needs to be stopped. We must recognize the causes of starvation in India so we can work better to eradicate them. Furthermore, when we eradicate starvation we will also be ending a lot many problems.

Causes of Starvation in India

There are a number of causes due to which starvation happens in our country. First, we will look at the regions hit most by this condition. The areas of North Bengal, Jharkhand and Madhya Pradesh suffer the most in this aspect. The most important reason is that of poor implementation of government schemes. The government of India has released numerous schemes which aim to eradicate this problem; however, there is a very poor implementation of these. Corruption makes it difficult to let these schemes become a success. Moreover, the officials who are appointed with distributing grains or monitoring this procedure have the least interest in the welfare of the people. Thus, it makes it impossible to make an adequate supply of food available to people.

Furthermore, the state does not exactly specify which people come under the ‘poor’ sector. While the National Food Security Bill promises to offer people facilities like mid-day meals and health care schemes for pregnant women, it does not specify who is eligible for this. Therefore, this vague description often contributes to the failure of such well-intended schemes.

It’s Not Just About Food

When we talk about the issue of starvation, the conversation does not merely limit to food. There are bigger problems at bay which we must be talking about. The deaths due to starvation go beyond the matter of food. It indicates how the government fails to help the underprivileged when they need it most. Furthermore, there is also the issue of illiteracy. When people won’t know what their rights are and what they are being promised, they will fail to ensure its execution. In other words, the people do not raise a voice against the corruption of the officials who are handled the task of distributing food. This is because they are not aware of their power. Similarly, they also do not go for medical treatments in these cases due to a lack of awareness. Therefore, we all need to come together to eradicate this issue completely. While there are people wasting food, there are many who die due to not getting some. This inequality must be stopped. The government must ensure their schemes are being implemented properly by honest officials.

Moreover, the NGO’s must work to feed people so there are no deaths due to starvation. Similarly, we all must volunteer for this cause and donate food whenever we can. In addition, we must also help out these NGO’s through funds and donations.

Uproar over EIA 2020

Only two weeks have left for the public response on the draft Environment Impact Assessment (EIA) 2020, and the opposing voices has been increasing with each passing day.

Central government citing the reasons of changes in the circumstances and amendments, decided to redraft the EIA 2006 and make the process more transparent and expedient. But the changes in the draft have caused a concern among the environmentalists.

What is EIA?

Environment Impact Assessment is the study or process of a proposed industrial/infrastructural project and its impact on the environment. It’s a formal process and is currently practiced in more than 100 countries. EIA examines both beneficial and adverse consequences of the project on to the socio-economic status, culture and human-health.

The assessment of EIA in India is carried out by an Expert Appraisal Committee (EAC), which consists of scientists and project management experts. The committee ensures that the effects of the proposed project, are taken into account during project design. EAC makes the report of the project and forward that to the Ministry of Environment and Forests, which gives the project final clearance.

EIA in India

As a mandatory regulatory procedure, EIA originated in the early 1970s, with the implementation of the National Environment Policy Act (NEPA) 1969 in the United States.

In India it started in 1976-77 when for the first time Planning Commission asked the Department of Science and Technology to examine the river-valley projects from an environmental angle.

Under the Environment (Protection) Act, 1986, India notified its first EIA in the year 1994. Since than every development project has been required to go through the EIA process for obtaining prior environmental clearance. Though the 1994 EIA was replaced with a modified draft in 2006.

EIA 2020

The environment ministry had put the draft notification of EIA 2020 in the public domain on March 12 for discussion and feedback. Earlier it was available for the period of 60 days but on June 30, the Delhi High Court extended the deadline to August 11.

Several environmental organisations, conservationists as well as some economists too have criticized the draft EIA 2020. In their opinion, the provisions of the newly draft EIA can cause great repercussions on the environment.

Problems with the EIA 2020

  1. Post-Facto Approval: EIA 2020 gives permission for post-facto approval for projects. Which means the environment clearance is not needed for the starting of the projects, it can be obtained afterwards. In indirect way it will legitimize any environmental damage as nothing would be left to do after the damage would have already been done. The only remedy would be to impose a fine or punishment but that would not reverse the detrimental consequences on the environment.
  2.  Public Consultation Process: The new draft notification has reduced the time period from 30 days to 20 days for public to submit their responses, during a public hearing for any application seeking environmental clearance. This reduction of time would be a problem especially for those who are living in the remote and rural areas where information is not easily accessible.
  3. Compliance Report Issue: The 2006 EIA draft required that the project proponent submit a report in every six months, showing that they are carrying out their activities as per the terms on which permission has been given. However, the EIA 2020 draft requires the promoter to submit a report only once every year. The consequence of this change can be that the project could go unnoticed or the damage could have already been done, or be too late to control any harmful impact. For example, if a mining project is being carried out at someplace which can be potentially hazardous to the nearby population and can contaminate the air or water nearby, a half-yearly report would better help in addressing these concerns in short time.
  4. Bypassing EIA Process: EIA 2020 gives the central government power to categorise projects as “strategic.” And states that once a project is considered as strategic, no information related to such projects shall be placed in the public domain, violations can only be reported suo motu by the project proponent, or by a government authority, appraisal committee, or regulatory authority.
  5. Projects exempts with the scrutiny and clearance: the draft notification states that the new construction projects up to 1,50,000 square metres instead of the existing 20,000 square metres, do not need “detailed scrutiny” by the Expert Committee, nor do they need EIA studies and public consultation. Further the draft lists the projects that would not attract environmental clearance or permission. It includes coal mining and seismic surveys for oil, methane and shale gas on some lands. The draft also provides exemption for these and some other projects from public consultation, limiting the scope of public involvement to the districts concerned, in the case of national parks and sanctuaries where pipeline infrastructure will pass. Roads and highways get liberal concessions.

Conclusion

Development at the cost of Environment is always fatal. We have seen what happened in Bhopal in 1984, how we can forget the floods of Uttarakhand in 2013 and only this year Vizag gas leak in Andhra Pradesh, Tinsukia Gas Leak in Assam. In Present, our north-east and some northern states are struggling with the heavy floods. These all are the repercussions of taking the environment for granted. Though development is necessary but not at the cost of the environment.   

Is career pressure tearing you apart and you have no idea about what you really want from life? Then read it

Vaishali Singh (Cheenu Singh Rathore)

More often the pressure of becoming successful, of attaining growth, success, money or fame encaptivate one’s mind mostly in their teen years when they are going through a lot of things from the physical changes in their bodies to the mindset changes the teen years of one’s life are the toughest and the most important years which transform a person’s life completely and the change he or she attains during this period remains with him/ her throughout their lifetime. It’s more important to analyse what’s wrong or right for one and to focus upon being better no matter what the circumstances are, 19 the last teen year which is followed by 18 the age when one becomes eligible for doing a lot of things as a person becomes adult at this age, it’s the time when one starts to think that he/she is getting older and wants to start their career, everyone has a lot of potential and a lot of skill set, thanks to this modern world where you have access to the smart devices and internet which can make you learn anything at your own pace and helps you enhance your skillset but the major problem comes into play that everyone these days has started following a rat race of working on social media, everyone wants those huge no.s in the form of followers, likes, subscribers, etc and everyone is putting so much of pressure on themselves to become the most successful and famous social media marketing influencer, but how to go with it if all the efforts, time and skill you’re putting into your social media handle is not getting served, it means it’s not getting viral, not engaging much audience and in the mean time it’s not making you feel happy about what you’re doing, then the answer to your problem is clear you’re meant to do something apart from this social media thing, because if it’s not making you happy then it won’t make you happy even in the future where perhaps you’ll get a lot of followers or fans because happiness doesn’t lies in serving others with content happiness only lies in enjoying the process of doing what you do, it might be possible that you’re not made to become an influencer probably you are destined to do something else and build massive success in that field, if you have also wasted a lot of years in pursuing a social media career and it’s not growing and not making you satisfied then it’s time to find and experiment what you love, the possibilities are that you may fail, but there are also the chances of success, and remember life is a series of experiments, a very famous quote by Thomas Edision “I have not failed. I’ve just found 10,000 ways that won’t work.” so by trying and failing ultimately you’ll figure out the method of trying and succeeding. And also remember if you’re a kid of 20 (or +2 or -2) that means from 17 to 22( or near this age group), then you’re probably in school or college, and it’s your time to take risks, experiment things in life because you have miles to go you cannot figure out everything at this age, you’re still a kid, you need to experience a lot of things do what you love and don’t associate it with success, money, fame just let it be your passion and don’t settle yourself, keep moving and experiencing.

Thank You

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World Nature Conservation Day

‘The Earth is a fine place and worth fighting for’Ernest Hemingway

Indeed it is. Today, 28th July, 2020 marks the World Nature Conservation Day, a day when we pledge to provide ultimate protection to our Mother Earth and its bountiful resource. This day is celebrated to create an awareness that it not always justifiable to always use the natural resources but it is also essential to give back to the nature. Our resources – air, water and trees, is continuously depleting due to man-made activities and this day essentially reminds us that we should adopt sustainable practices to prevent dwindling of these natural, yet depleting resources.

July 28th was initially introduced as a day to educate people about the best practices to protect the natural resources on the earth and also to create an awareness that Earth only has a limited resources to cater to the upcoming human generations.

Part 39 >> July 28, 2017 " World Nature Conservation Day " — Steemit

To embark upon the World Nature Conservation Day, as inhabitants of this earth, we can adopt some very simple measures at individual and at group level. Some of these measures are:

  • Reduce plastic use. Be it buying groceries or food delivery or throwing away our sanitary pads, we should be concerned with plastic use and substituting by either paper or cloth bag. Used plastic thrown out as garbage usually ends up in water bodies and landfills, causing death of marine life, organisms and land animals mostly due to choking. It is not biodegradable and natural process takes years for the plastic to degrade.
  • Reduce electricity consumption. Dams built across the rivers might generate thousands of watts of electricity which is a renewable source of energy but it is harmful for the marine life. Records show that it disrupts the water ecosystem which will ultimately affect the human life, at least in the long run. So care has to be taken to minimize or stop the use of electrical appliances, unless there is an emergency.
  • Tactical management of waste. Ensure to desegregate the daily wastes into degradable and non-degradable before dumping it into the ground. Human beings should religiously follow reduce, reuse and recycle mantra for waste management.
  • Reduce water consumption. In some countries, we receive water as if it is our birth right but other countries sweat to just receive a mug of it. We should ensure justified consumption of water so as to allow equitable distribution across all geographic nations.
  • Plant trees but save paper. Our world is getting depleted of trees day by day. A suggestion here is that each individual should take the onus to plant one sapling once a year, anywhere on this earth. Isn’t is satisfying to nurture it from time to time and to see it grow every day? But just growing trees is not a feasible solution if we do not take a chance to protect it. One way is to switch over to digital mode for reading like e-newspaper and e-books rather than going out and buying books and newspaper. Consequently, while shopping for groceries, switch to cloth bag which can be used multiple times, rather than single use of paper or plastic bags.

These are the few ways by which we can protect our Earth and the limited resources that it possess. And just by pledging to protect will not work unless we modify our shopping, eating and especially our consumer habits.

Source: https://www.hindustantimes.com/more-lifestyle/world-nature-conservation-day-2020-history-significance-how-to-live-sustainably/story-HWYhl06t7oYlZtFmT3RSJI.html

SECTION 10 AND 11, COMPETENCY TO CONTRACT

WHAT IS A CONTRACT?

The contract is an agreement between various parties which is validated and framed by Indian Contract Act, 1872. It defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law”. An agreement is a deliberate, mutual, legally binding between two or more competent parties. The Agreement creates reciprocal legal obligations between two private parties. Generally, contracts are written, but they may be implied or spoken. A contract is therefore a legal agreement that provides special rights (as specified by the contract itself) to the parties as well as responsibilities that all parties to the contract have created, established, and agreed upon.

SECTIONS 11 AND 12 AS GIVEN IN ICA,1872

SECTION 11: Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject.

SECTION 12: A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.”

A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.

A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. 

PROVISIONS UNDER SECTION 11

  • Attaining the age of majority
  • Sound minded
  • Not a disqualified person by law from contracting

ATTAINING THE AGE OF MAJORITY

The age of majority in India is specified as 18 years, according to the Indian Majority Act of 1875. Any person who has not reached 18 years of age and is a resident of India is considered a minor.

Contract with minor is void

Because a person under the age of 18 does not have the potential to enters a contract, any agreement entered into with a minor is void or void ab-initio.  However, if a minor entered a contract, he cannot ratify it even though the majority has been reached because the contract is invalid.

Conditions when contract with minor is not void

A minor could be a beneficiary of a contract:

While a minor may not be able to enter into a contract, he may be the beneficiary of one.

A minor is always given the advantage of being a minor:

Even if a minor falsely represents himself as a major and takes a credit or enter into an agreement, he may plead a minority.  The estoppel rule will not be extended against him/her.

Contract by a guardian:

In certain conditions, the guardian of a minor may enter into a valid contract on behalf of the minor. Such a contract entered into by the guardian for the benefit of the minor.

Insolvency:

A minor cannot be declared insolvent because he cannot afford debts.

A Minor and an Adult shared contract:

In the case of a joint contract between an adult and a minor, performed on behalf of the minor by the guardian, the adult shall be held liable for the contract.

SOUND MINDED PERSON

According to Section 12 of the Indian Contract Act , 1872 describes the principle of soundness of brain as follows:

A person is said to have a sound mind if he or she is capable of comprehending the contract and its effect on his or her interests. Besides, who is typically of a sound mind, but occasionally of an unsound mind, cannot enter a contract during the period of his/her unsound mind. Similarly, a person who is normally of an unsound mind, but occasionally of a sound mind, can make a contract when he is of a sound mind.

Analogy between English law and Indian law:

In England, mere unsoundness of mind is no defense; a lunatic’s contract is binding on him, unless he can prove that he was entirely incapable of comprehending what he/she was doing at the time of entering the contract and that the other party was known to his/her lunaticism. In India, the contract of a person with an unsound mind is void.

PERSONS DISQUALIFIED BY LAW

A person who is blacklisted person by law. Grounds for disqualification by law include political affiliation, legal status, etc. Some of such people are foreign sovereigns and ambassadors, alien enemies, convicts, insolvents, etc.

Alien enemy: A person who is not an Indian citizen is called an alien or non-citizen of the Republic of India. An alien enemy is a person whose country is at war with India.

Convicts: A convict is a person, who is sentenced by a competent court to the death sentence or imprisonment.

Insolvent: There is no prohibition against a contract by an insolvent after the insolvency proceedings have commenced but before adjudication.

Foreign sovereigns and diplomats: Foreign sovereigns have some special privileges. Generally, they cannot be sued unless they, themselves surrender under the jurisdiction of the Indian court of law.

Corporations: A corporation’s ability to establish a contract varies according to the corporation’s character. A corporation is an artificial entity created by law and is capable of contracting but its contractual power is subject to the limitation.

CONCLUSION

Some of the most important conditions for making an arrangement legal and enforceable in a court of law is the integrity of the parties to contract.

A contract made by a person who does not have the intellectual capacity to understand the meaning of the contract and its effects is void ab initio. In the other hand, arrangements with lunatics can / may not be void for persons under the influence of the drug depending on the circumstances surrounding the case.

A person regains the legal capacity to contract if any of the disqualifications are removed.

PAKALA NARAYAN SWAMI V. EMPEROR AIR 1939

INTRODUCTION

Examination of accused defined under section161 Cr.PC is prevalently known as interrogation. The object of examination of witness u/s.161 CrPC is to generate the evidence before the court at the time of trial as per section 162. Further, these statements are beneficial for the court for framing the charge. Before trial commences copies of these statements recorded by the police should be delivered to accused without costing any charge. Confession is deliberate admission of fault by the accused person.

The term statement is not defined in the Code of Criminal Procedure but its dictionary meaning is the act of stating or reciting. Section 161 and 162, deals with the oral examination of witnesses by police, the record to be made of the statements and their use subsequently.  These sections authorize the police to examine witnesses during the course of an investigation. Any person who is supposed to be acquainted with the facts and circumstances of the case maybe examined orally and such statement can be used in court as an evidence after fulfilling required conditions. The words “any person” used in Section 161 (1) also include a person who maybe accused of the crime and suspects. This is held by the Privy Council in the case:  Pakala Narayana Swami v. Emperor.[1]

ABOUT THE CASE LAW

COURT OF JUSTICE: Bombay High Court

NAME: Pakala Narayana Swami vs Emperor

DECIDED ON: 19 January, 1939

CITATION: (1939) 41 BOMLR 428

BENCH OF JUDGES:  Justice Atkin, Justice G Rankin, Justice Porter, Justice Thankerton, Justice Wright

FACTS:

An appeal by special leave from a judgment of the High Court of Patna who affirmed the decision of the Sessions Judge at Berhampur who had convicted the appellant of the murder of one Kuree Nukaraju and sentenced him to death. The accused, his wife, his wife’s brother, and his clerk living at his house were charged with the murder before the Sub-divisional Magistrate, Chatrapur, in May and June, 1937. After hearing the evidence the examining Magistrate discharged all the accused holding that there was no sufficient evidence to support the charge. Thereupon the Sessions Judge, Berhampur, exercising his powers under the Code of Criminal Procedure, called upon the accused to show cause why they should not be committed for trial, and in July, 1937, ordered the present accused and his wife to be committed to the Court of Session to stand their trial for offences under sections of the Indian Penal Code 120B (conspiring to murder) 302 (murder) and 201 (causing evidence of an offence to disappear). At the trial the Sessions Judge acquitted the appellant’s wife of all the charges but convicted the appellant of murder and sentenced him to death. The appeal is based upon the admission of certain evidence said to be made inadmissible by provisions of the Code of Criminal Procedure and the Indian Evidence Act; and is further maintained upon the contention that whether the disputed evidence be admitted or not, and certainly if it ought to have been rejected, there is no evidence sufficient to support this conviction.[2]

It will be observed that “the circumstances” are of the transaction which resulted in the death of the declarant. In the present case the cause of the deceased’s death comes into question. The transaction is one in which the deceased was murdered on March 21, or March 22, and his body was found in a trunk proved to be bought on behalf of the accused. The statement made by the deceased on March 20 or 21 that he was setting out to the place where the accused lived, and to meet a person, the wife of the accused, who lived in the accused’s house, appears clearly to be a statement as to some of the circumstances of the transaction which resulted in his death. The statement was rightly admitted.

ISSUE:

It is now necessary to discuss the question whether the alleged statement of the accused to the police before arrest was protected by Section 162 of the Code of Criminal Procedure which provides [Sub-section (1)] :

No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police-diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made.

RELEVANT INFORMATION:

After giving powers to certain police officers to investigate certain crimes, the Code proceeds in:

Section 160, which gives power to any police officer making an investigation by an order in writing is required to take the attendance before him of persons who appear to be acquainted with the circumstances of the case.

Section 161, allows examination of witness by police.

SCOPE OF SEC.161 ( Cr.PC) STATEMENTS:

Recording of Statements of Witnesses: The Police Officer making an investigation should himself customarily inspect any person and record his statement during that investigation. However, in the cases where it is unfeasible, the Head Constable or the writer connected with the Police Station may record the statements of witnesses. In that case both the recording officer and the investigating officer should sign the statement recorded under section 161 (3) Cr.P.C. Under this section, administering oath or affirmation is not obligatory in an examination.

Here expression ‘any person’ includes accused also. Therefore, persons to be examined include whosoever may subsequently be accused of the offence in respect of which the investigation is made by the police officer. The person examined in the course of a police investigation is obliged to answer all questions put to him “other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.” Accused has got right to remain silent as he got ‘right against self incrimination’ as per S.161 (2) CrPC and Article 20 (3) of Indian Constitution. The person questioned is legally bound to state the truth. However, if a witness examined by the police does not give answers to the questions, he can be punishable u/s.179 IPC or if he gives false information, he can be punished u/s.193 IPC.

The statements of all witnesses (which are familiar with the facts and circumstances of the case and they may have to be cited as witnesses in the court) are desirable to be reduced into writing. The statement of each witness should be recorded separately. Statements recorded by Police Officers should not be in the indirect form of speech, as per Sec.161 (3) Cr.P.C. The language of Sec.162 Cr.P.C and S.145 of Evidence Act clearly point outs that the writing should be describable as a statement of the witness himself also it should be as nearly as possible, a complete record of what he has said. Sec.161 (3) Cr.P.C read together with Sec.173 (3) Cr.P.C clearly indicates that separate statements of all persons whom the prosecution proposes to examine as its witnesses should be recorded and copies thereof must be given to the accused before the instigation of the inquiry.

Evidentiary Value of statements recorded The statements recorded by the police u/s.161 CrPC are not evidence for prosecution. They can be used by the defense for oppose the prosecution witnesses. However, when the prosecution witness turns hostile with the permission of court, the Public Prosecutor can cross-examine that witness by using his Sec.161 statements to determine contradiction. But when Sec.161 statements falls u/s.27 or u/s.32 (1) of Indian Evidence Act, then those statements can be used by prosecution as an evidence. Sec.161 statements are not substantive evidence. Statement of injured witness was recorded as dying declaration but he survived, then such statement has to be considered as Sec.161 statements. But Sec. 161 statements can be treated as dying declaration if that person dies. Sec.161 statements cannot be used against the accused in criminal cases. They shall not be used for any purpose except to contradict a witness in the manner prescribed in the proviso to Sec. 162 (1). Under Sec.161 & Sec.162 Cr.P.C the Witness is not confronted with the statement. The Court cannot subsequently use the statement even for drawing any adverse impression against the witness. If thumb impression or signature is not obtained, such statements are fallacious. Signing of statement merely puts the Court on prudence and may necessitate in depth inspection of the evidence, but the evidence on this account cannot be rejected outright. Hindrance in examination of witnesses by police u/s.161 CrPC, if properly explained, is not lethal to the prosecution case


[1] AIR 1939 PC 47

[2] https://indiankanoon.org/doc/516808/

Corruption as a Violation of International Human Rights

1 Statement of the Problem

Corruption is high on the human rights and development docket. The UN General Assembly’s Agenda 2030 for sustainable development of 2015 asks all states to ‘substantially reduce corruption and bribery in all their forms’ and to return all stolen assets by 2030.1 In their official contributions to this Agenda, the Human Rights Treaty Bodies have ‘identified mismanagement of resources and corruption as obstacles to the allocation of resources to promote equal rights’.2 In fact, countries with high rates of corruption are the ones with a poor human rights record.3 For instance, the states ranked lowest on Transparency International’s Corruption Perceptions Index of 2017 are Syria, South Sudan and Somalia, all of which have massive human rights problems.4

Against this background, both practice and scholarship have pursued a ‘human rights-based’ approach to corruption.5 The key documents of the United Nations (UN) ground this approach on the assertion that corruption has a ‘negative impact’ on the enjoyment of human rights,6 that corruption ‘undermines’ human rights,7 that it has a ‘grave and devastating effect’ on the enjoyment of human rights,8 that ‘[c]orruption in government, institutions and society at large is a significant obstacle to the enjoyment’ of human rights9and that violations of human rights covenant rights are ‘facilitated where insufficient safeguards exist to address corruption of public officials or private-to-private corruption’.10Concomitantly, it is asserted that the human rights lens ‘provides a valuable normative framework’ to address corruption.11 This assertion by the UN human rights institutions has been questioned, and the human rights-based approach has been criticized for its ‘lack of conceptual clarity’.12

Addressing this controversy, this article seeks to examine the legal quality of the assumed ‘link’ between corruption and human rights, the exact legal consequences of a human rights-based approach, its added value and its drawbacks. Importantly, we need to distinguish the vague idea of a ‘link’ between corruption and human rights from the sharper legal claim that under certain conditions a corrupt act (or the toleration of corruption) itself may constitute an actual violation of human rights.13I will investigate this latter claim through a positive and a normative analysis.14 The doctrinal question of positive law is: Can corrupt conduct be properly conceptualized as a violation of international human rights (part 2)? The normative question is: Should corrupt acts be conceptualized as human rights violations? My answer is that such a reconceptualization is legally sound as a matter of positive analysis, although very difficult doctrinal problems arise. The normative assessment is ambivalent, but, with all caution, I would say that practical benefits of the conceptualization outweigh the risk of reinforcing the anti-Western scepticism towards the fight against corruption (part 3). Part 4 examines the remedies against corruption-based human rights violations in the form of monitoring and enforcement. Part 5 concludes that the re-conceptualization of corruption not only as a human right issue but also as a potential human rights violation can contribute to closing the implementation gap of the international anti-corruption instruments but that expectations should not be overdrawn.

The proposal to infuse corruption with human rights aspects responds to the moderate success of the existing international anti-corruption instruments – at least 10 international and regional treaties with various additional protocols as well as soft law.15 Their emergence in the 1990s, in turn, was a reaction to the globalization of corruption itself, to the insight that instances of grand corruption, in particular, had inevitably acquired transboundary elements. The USA championed a treaty to criminalize foreign bribery and succeeded in persuading a large number of states within the Organisation for Economic Co-operation and Development (OECD) to adopt an Anti-Bribery Convention in 1997.16The primary goal at the time was to eliminate the unfair competitive advantages of companies paying bribes in the new markets, especially of Eastern Europe. In 2003, the UN Convention against Corruption (UNCAC) was adopted, and, in September 2018, it counted 186 state parties.17

A leading authority on corruption mentions the following goals of international anti-corruption policy: first, to improve the functioning of the global markets; second, to promote economic growth; third, to reduce poverty and, fourth, to safeguard the legitimacy of the state.18 Anti-corruption has largely been merged with the good governance agenda19 and the development discourse. And because good governance, as well as development, is in turn nowadays often analysed through a human rights lens, this type of analysis suggests itself for anti-corruption too.

2 Can Corruption Be Conceptualized as a Human Rights Violation?

A Defining Corruption

Corruption is not a technical term; it is typically not considered a criminal offence in criminal codes around the world, and it also does not have a legal definition in international treaties. The most common definition is the one by the non-governmental organization (NGO) Transparency International, according to which corruption is the abuse of entrusted power for private gain. Such abuse may happen on the level of day-to-day administration and public service (petty corruption) or on the high level of political office (grand corruption). These terms do not mark a legal distinction but merely describe variations of the same theme. Often, a particular scheme of corruption permeates the various levels of public administration and thus links both forms of corruption. Because of the growing power of large corporations and non-state actors such as the Fédération Internationale de Football Association (FIFA), the abuse of obligations arising from private law, in a private law-based principal–agent relationship, is also increasingly qualified as corruption. The relevant criminal offences are active and passive bribery, criminal breach of trust, graft, illicit enrichment, and so on. In the private sector, offences are called ‘private-to-private bribery’ or ‘commercial bribery’ and may include anti-competitive practices and regulatory offences.

B Whose Human Rights?

Traditionally, bribery – the prototypical form of corruption – has been considered a ‘victimless crime’.20 According to legal doctrine, the injured party is first of all the public. Can the bribe giver be considered a victim too? This does not seem to be the case where the victim takes the initiative to bribe and/or then blackmails the receiver. However, the briber may be victimized in many constellations of corruption. If the graduate of a public school has to pay the secretary a bribe to receive her diploma, or if she has to pay for additional private lessons from a teacher who indicates that she will not pass the examination otherwise, then she is a victim – not a perpetrator – at least in terms of human rights. Her consent to the illegal quid pro quo is the result of a desperate situation; the consent of the student (or of her parents) is not ‘free’ but, rather, is coerced.

In public procurement, the unsuccessful competitors are the potential victims if they are not awarded the contract due to extraneous criteria, at least if they have a concrete expectancy to the contract and not merely abstract prospects. Clients and end users are often also adversely affected by corruption in public procurement if they have to pay higher prices or if they receive a product that is not worth the money because funds have been diverted during the production process. From the perspective of social human rights whose proper fulfilment comprises the element of ‘affordability’ (such as the affordability of essential medicine as a component of the human right to health), the fact that bribery in procurement processes may make medicine more expensive could be seen as a human rights violation.21 Related questions are how corruption may affect the property and investor rights of the successful bidders. The assessment will differ depending on whether the bidder has won the tender through corruption or whether his investment has been tampered with later by corrupt acts of the host state. These questions will be discussed in section 3.C below.

In the political process, voters are adversely affected by candidates’ financial dependence on major donors if the candidates are politically indebted to the donors after the election and if voters are unaware of those vested interests. Overall, the examples show that human rights of various types of persons in manifold social settings might be concerned by corruption. The key question then is whether persons who are affected directly or indirectly are sufficiently individualized to be qualified as ‘victims’, and that question must be examined in each scenario and cannot be answered in the abstract.

C Which Human Rights?

The next question is which human rights are involved. This question is important because the idea here is not to propagate any (new) human right to a corruption-free society.22Such a right is neither acknowledged by legal practice nor is there a need for it. Rather, corruption affects the recognized international human rights as they have been codified by the UN human rights covenants. In practice, social rights are most affected, especially by petty corruption. For example, corruption in the health sector affects the right of everyone to the highest attainable standard of health (Article 12 of the International Covenant on Economic, Social and Cultural Rights [ICESCR]); in the education sector, the right to education (Article 13 of the ICESCR) is at issue.23

Liberal human rights may also be undermined by corruption; if a prisoner has to give the guard something in return for a blanket or better food, then the prisoner’s basic right to humane conditions of detention (Article 10 of the International Covenant on Civil and Political Rights [ICCPR]) is affected.24 If, as most observers tend to think, the current surge in human trafficking is made possible and facilitated primarily by corruption that induces police and border guards to look the other way, then this affects the human right to protection from slavery and servitude (Article 8 of the ICCPR).25 Obviously, corruption in the administration of justice endangers the basic rights to judicial protection, including the right to a fair trial without undue delay (Article 14 of the ICCPR).26 Or the human right of association and the (labour) right to organize (Article 22 of the ICCPR and relevant International Labour Organization [ILO] conventions) may be affected by bribes offered by industry to the officials of a ministry of labour in order to facilitate the resignation of a union leader, as a labour complaint in Indonesia alleged.27 In other cases of grand corruption and foreign bribery, however, the implications for human rights – such as the effect of nepotism on the right to equal access to public offices (Article 25(c) of the ICCPR) – are less clear.

D Violations?

The next question is whether it makes sense to speak of human rights violations. Only a few reports and governmental statements do so.28In the predominant practice of the UN, only weaker vocabulary is used to make the connection, both in the strategic documents – such as the new reports of the Human Rights Council – and in the country-, issue-, or individual case-specific monitoring practice of the Treaty Bodies and the UN Charter-based Human Rights Council.29

Typical for the prevailing approach is a 2010 judgment by the Economic Community of West African States (ECOWAS) Court of Justice in a proceeding instituted by a NGO on corruption in the education sector of Nigeria. The Court stated that corruption in the education sector has a ‘negative impact’ on the human right to quality education, as guaranteed by Article 17 of the African Charter of Human and People’s Rights but does not per se constitute a violation of that right.30 The Court viewed corruption, first of all, as a matter of domestic criminal and civil law, but not of international human rights law, and with which the domestic courts should deal. Corruption does not (or not in the first place) fall within the jurisdiction of the regional human rights court of ECOWAS, the Court said.31

In contrast, those domestic courts that have significantly shaped the legal contours of social human rights – namely, the Indian and South African constitutional courts – tend to assert, rather than explain properly, that and how corruption violates human rights. For instance, the Constitutional Court of South Africa held that ‘[c]orruption and maladministration are inconsistent with the rule of law and the fundamental values of our Constitution. They undermine the constitutional commitment to human dignity, the achievement of equality and the advancement of human rights and freedoms’.32 In a 2012 judgment, the Supreme Court of India held that ‘[c]orruption … undermines human rights, indirectly violating them’ and that ‘systematic corruption is a human rights’ violation in itself’.33 From a legal standpoint, it is crucial whether a situation is qualified as merely ‘undermining’ human rights – for example, in a general monitoring report – or whether it constitutes a true rights violation that could be declared unlawful in individualized enforcement proceedings (see section 4 below).

E Which State Obligations?

In order to determine whether there is a violation of human rights through corrupt state action, we have to examine the three kinds of obligations – namely, the obligations to respect, protect, and fulfil human rights. The obligation to respect is essentially a negative obligation to refrain from infringements. The obligation to protect primarily refers to protection from dangers emanating from third parties. The obligation to fulfil requires positive action by the state. The UN Committee on Economic, Social and Cultural Rights divides the latter obligation into the three subcategories of facilitate, provide, and promote.34

Next, we have to clarify exactly to which actor the obligations are attached. We must distinguish two points of contact in this regard: first, the specific corrupt conduct of an individual official that is attributed to the state due to the official’s status and, second, the general anti-corruption policy of the state as a whole as an international legal person. A corrupt act by an individual official may, depending on the context and the human right in question, potentially violate each of the mentioned dimensions of obligation. If, in the context of the implementation of a land-use plan, an official forcibly evacuates people who do not pay a bribe, then this may violate the right to housing (Article 11 of the ICESCR) in the negative dimension of the obligation to respect. If, for instance, the employee of a registration office refuses to hand over a passport without an additional bribe, then the right to leave the country (Article 12(2) of the ICCPR) may be violated in the positive dimension of the state obligation to facilitate.

1 Obligations of the State to Protect

In the following discussion, I will focus on the macro-level – on the state as a whole (not on individual officials). How must the lack of effective anti-corruption measures be qualified? The deficient implementation, application, and enforcement of effective anti-corruption measures essentially constitute an omission by the state. Because human rights give rise to the above-mentioned obligations to become active, omissions may violate human rights.35 Concomitantly, effective anti-corruption measures may be considered a way to comply with one of the three facets of the positive obligation to fulfil (facilitate, provide, promote).

More relevant than the obligations to fulfil, however, are the facets of the obligation to protect human rights. In principle, these protective obligations are addressed to all three branches of government. They obligate the legislative power to enact effective laws, the executive power to undertake effective administrative measures, and the judicial power to engage in effective legal prosecution. The case law of the international bodies is not entirely clear in answering the question of whether obligations to protect – especially, the obligations to amend laws for closing legal gaps or to prosecute – are mirrored by individual rights of the victims.36 The obligation to protect was developed in regard to dangers emanating from third parties, such as economic operators. The obligation to protect is thus suitable to provide additional human rights support for the criminalization of foreign bribery demanded by the OECD’s Anti-Bribery Convention.37 State obligations to protect in regard to the activities of transnational corporations, grounded in human rights, are set out in the soft law of the 2011 UN Guiding Principles of Business and Human Rights.38

The obligation to protect under human rights law not only requires the state to protect individuals from the acts of other private persons but also reduces structural human rights risks in which the state’s own officials are involved. For instance, in the case of police violence contrary to human rights, the European Court of Human Rights (ECtHR) demands that the state investigate and prosecute after such incidents.39 Rampant corruption constitutes a permanent structural danger to numerous human rights of persons subject to the power of officials. Therefore, in cases involving the complete inaction of the state or evidently deficient anti-corruption measures, the state is responsible under international law for its failure to discharge its human rights obligations to prevent and protect.40

The acknowledgement of the human rights obligations would significantly strengthen the specific preventive obligations under anti-corruption law. Chapter 2 of the UNCAC requires the states parties to adopt a series of preventive measures, ranging from the establishment of an anti-corruption body and the reorganization of public service to the enactment of codes of conduct for public officials, the reorganization of public procurement and the prevention of money laundering. From the perspective of general international law, these are obligations to prevent. Because the formulation of the UNCAC obligations is rather soft, it is hardly possible to hold a state party internationally responsible if it fails to fulfil its obligations or does so only poorly. But if we interpret the UNCAC obligations in conformity with human rights law (Article 31(3)(c) of the Vienna Convention on the Law of Treaties),41 it becomes apparent that the measures mentioned here must in fact be taken in an effective way in order to fulfil the obligations to protect and to fulfil (including to prevent) grounded in human rights law.42

2 Procedural and Result-Independent Obligations

Cutting across the three dimensions of human rights obligations, procedural obligations arise from all the types of human rights. In the case law of the ECtHR, these constitute the ‘procedural limb’ of the rights under the ECHR. Within the scope of social human rights, they are referred to as ‘process requirements’.43Here, one of their functions is to serve as an indicator for the fulfilment of the progressive obligation to implement, which is very difficult to measure. Procedural elements are also central to combating corruption. The human rights process requirements that are most relevant here most likely include planning obligations44 and monitoring obligations.45Transparency obligations are especially important. Not coincidentally, the best-known anti-corruption NGO in the world is called Transparency International. Transparency is also a fundamental principle of the UNCAC.46Accordingly, the procedural obligations under the UNCAC, especially the disclosure and publication requirements, which can be an effective way to curtail corruption, are equally grounded in human rights.47 Viewed in this light, failure to satisfy these obligations simultaneously constitutes a violation of the relevant human rights. A follow-up question is whether a corrupt state violates its obligations of protection and its procedural obligations only when and if individual acts of corruption are (or continue to be) in fact committed. In the context of the international obligations to prevent, it depends in principle on the specific primary obligation whether ‘prevent’ means that a state must in fact avert the undesirable result or whether the state is merely obligated to employ all reasonable and appropriate means in the sense of a due diligence obligation that is independent of the result.48

The anti-corruption obligations under human rights law mentioned above are best understood as result-independent due diligence obligations. This both corresponds to general human rights law49 and establishes a parallelism to criminal law. Bribery and other offences that we summarize under the umbrella of corruption are, generally speaking, ‘endangerment offences’. This means that they criminalize conduct that endangers legally protected interests even if that conduct does not produce a specific harmful consequence. This is appropriate to the legal good that was traditionally the only one protected by the criminalization of corruption – namely, the integrity of the public service, because it is usually impossible to determine whether a tangible harm has in fact occurred. If the bribing of a public official does not entail that the briber is granted a doctor’s appointment faster than without the bribe, or if a briber does not receive a building permit exceeding the official’s normal discretion, then the bribes would, in a non-technical sense, be ‘unsuccessful’. Nevertheless, the trust in the public service has been undermined, and, for this reason, the unlawful agreement should be punished as bribery. In the courts, this rationale is referred to as follows: ‘Justice should not only be done, but should manifestly and undoubtedly be seen to be done.’50 The situation here is different than for the obligation to prevent genocide, for example. In that case, the International Court of Justice (ICJ) held that ‘a State can be held responsible for breaching the obligation to prevent genocide only if genocide was actually committed’.51 This difference in assessment is justified because genocide is a result offence in terms of criminal law, as opposed to an endangerment offence.

Conversely, the obligation (also under human rights law) to combat corruption, as follows, for instance, from the UNCAC, does not require states to stop corruption entirely. The satisfaction of such a ‘negative’ obligation of result (and the measurement of such a result) would be impossible, given that the realization of a low level of systematic corruption is not a one-time success. It is, in contrast, easy to determine that a genocide, for instance, has not been committed. Consequently, this means that a state already violates its preventive and other procedural obligations under both anti-corruption law and human rights law if it fails to act, even if the level of corruption is low despite the laxity of the state. Conversely, a state is released from international responsibility if it takes reasonable protective measures, even if the state is not entirely ‘clean’.

F Corruption as a Violation of the Fundamental Obligations Set Out in Article 2(1) of the ICESCR

Under certain circumstances, corruption (both petty and grand) must notably be considered a violation of the ICESCR. As mentioned above, corruption – for example, in the police force and the judiciary − also affects human rights enshrined in the ICCPR. But this section concentrates on the ICESCR because the legal determination of a violation of this covenant is particularly challenging. Article 2(1) of the ICESCR, which sets out the fundamental obligations of the states parties, contains four components that are subject to monitoring by the treaty body, the Committee on Economic, Social and Cultural Rights (CESCR). Each component is a starting point for specific state obligations, including in the field of anti-corruption. Each of these obligations may become difficult or impossible to fulfil in the circumstances of grand or petty corruption.

The first element – the core obligation – is ‘to take steps’. These steps, according to the CESCR, must be ‘deliberate, concrete and targeted’.52 It is easy to see that the steps to be taken must include the elimination of obstacles to the realization of economic, social and cultural rights. Because corruption constitutes such an obstacle, states are in principle required by the ICESCR to take anti-corruption measures.53 The Inter-American Commission on Human Rights, for instance, in its guidelines for national reporting, considers ratification of the Inter-American Convention against Corruption and the existence, powers and budget of a domestic anti-corruption authority to be structural indicators for national progress reports.54

The second component of the implementation obligation set out in Article 2 of the ICESCR is that the state party must take these steps ‘with a view to achieving progressively the full realization of the rights recognized in the present Covenant’. This component obligates parties to grant a certain priority in the allocation of resources to the realization of human rights.55 The misappropriation of public funds at the highest level violates this obligation because in such cases the financing of the standard of living of high-level public officials is given priority over the realization of social human rights.56

The third element is to exhaust all possibilities the state has at its disposal (‘to the maximum of its available resources’). Primarily, the state party itself defines which resources are available and what the maximum is. However, according to the Limburg Principles, the CESCR may consider the ‘equitable and effective use of … the available resources’ when determining whether the state party has taken appropriate measures.57 The component likewise gives rise to a prohibition against the diversion of resources that were originally dedicated to social purposes.58 Indeed, embezzlement and insufficient measures against embezzlement divert funds from social budgets and, thus, breaches this state obligation.59 Corruption further reduces the ability of governments to generate maximum resources, including through international cooperation, by making countries less attractive to donors and investment.60 In their concluding observations on individual states, the various human rights treaty bodies regularly refer to the feedback loop between combatting corruption and devoting sufficient resources to the protection of human rights.61

In fact, grand corruption deprives the state of resources in an ‘inequitable’ way. This is evident when funds are directly misappropriated from the government budget. This also occurs in the case of excessive infrastructure projects or ‘white elephants’ and the exaggerated purchase of military equipment. When developing buildings, roads, airports, and so on of an inferior quality, the funds intended for construction materials can easily be diverted by high-level employees of the government purchasers. Petty corruption likewise indirectly deprives the state of resources by discouraging tax compliance.62The affected persons do not see why they should have to pay the government twice – once through taxes and once directly to corrupt public officials. Even an extremely inflated budget appropriation for the government’s public relations work may already be inequitable if the members of parliament approving the budget know that the budget item is being used to divert funds, typically by way of accepting inflated invoices from consulting companies paid by government agencies, whereupon the consultants transfer the money back to the private accounts of the ministry officials (kickbacks). It must be decided from case to case when the obligation to use all available resources as set out in Article 2(1) of the ICESCR has been violated.

The fourth component of the fundamental obligation set out in the ICESCR is to employ ‘all appropriate means’, to which I will come back in section 2.J below. Whenever the state party fails to comply with any of these obligations,63 it is in non-compliance with the covenant. In the final analysis, the CESCR could, lege artis and as a way of continuing its own practice and that of the state parties, use the existing monitoring procedures to make the authoritative determination that a state that pursues an evidently deficient anti-corruption policy in the face of rampant corruption is violating its fundamental obligation arising from the ICESCR.

Life of a teenager:

After childhood, introducing oneself to a teenage lifestyle sounds so thrilling, full of opportunity. Yet the more pleasurable it looks from the outside, the more terrifying it becomes from the within. Delighted only for those who know how to treat things skilfully without getting influenced by the teenagers around. Terrified for others who make themselves hate their peers and turn their lives unbearable.

So let talk about life of teenage:

A teenager’s experience appears to evolve every day. It’s the worst phase of your experience to be a adolescent in certain respects. This is the period of your life in which you seek to describe who you are not only to those around you, but even to yourself. The teens are grappling with appearance, gender identification, self-confidence, and lots of emotional issues.

One minute a adolescent appears to be involved in a new activity, a topic at school, or a form of music, just to totally change their gears to the next. Before their teenage years, these teens concentrated on learning, playing, and getting their parents’ permission. Yet today, as teenagers move towards becoming young adults, the previous aspirations are supplemented by a hunger for freedom.

When we reach adolescent years, both males and females are going through difficult periods. With men, they are going through improvements in their bodies and speech. We encounter conditions involving hormones, and other “masculine” substances. People are thoroughly brainwashed into thinking they must be tall, strong and attractive with as much muscle strength as possible and as little overweight as possible.

Yet I believe the focus of teen struggles falls more on females. There is such a desire in the culture and in our everyday lives for females to be the perfect, 5′ 10,” 100 pounds, white, blue-eyed, big-haired model.

They are frequently overwhelmed with videos and ads to become someone that they can’t really be. Teenagers are also depressed. They forget they are always not isolated, because everyone is supporting them: their mother, their teachers or their peers.There are challenges with the life of a teenager but I believe they are essentially part of evolution and maturity. Which does mean all these issues aren’t genuine challenges, so it’s just the manner they are managed.

Parents and teachers are sometimes unable to cope with them because they do not realize and know teens, particularly their desires, concerns or various moods, in a short period. Parents do not understand that being adult and more accountable is always very challenging, so teens must first fix their problems. So, they ‘re rude and insulting, antisocial or insane. They aren’t any longer self-confident.

FRIENDS: 

Friendships and relationships may be challenging to obtain, develop , and sustain. Problems like gossip, rumours, and manipulation can destroy lives in a moment. 

Like many colleges, rumor spreads faster than a disease.  

Sometimes I believe teenagers’ lives begin in the emotional way. 

We want to be loved by a girl or a boy.Our friends are more important than everyone. They have got similar problems and they understand us. But we have to solve our problems on our own. We want to be free, we want to do what we think is right. 

PEER PRESSURE : 

There are a number of items that might distract or encourage a adolescent to do the wrong thing. 

Peer pressure will quickly drive teenagers into drinking, sex, and drugs. Many teens realize it’s inappropriate, but they seem that they’re doing these things to match in and be popular. Luckily, though, most teenagers know how to do things by saying no.

I think some of the hardest issues teenager face are what’s “acceptable” and what’s “expected.” 

Teenage years are a time when the sole decision of right and wrong is based on what we see and hear. Peer pressure is more and more present, and the need to “fit in” can outweigh the “right” decision.

DRUGS:

Another issue is drugs that are sometimes used by teens currently. 

Many who take these medications don’t realize why it’s a dangerous idea and that they can damage their life.

This dilemma can be overcome with the help of teachers, parents or even peers who will try to hold them safe from the dangerous ones. For certain instances, teenagers are affected by the people who waste their leisure time doing negative things.

Sexuality is another of nowadays problems of the teenagers and not only. They are interested on this thing and sometimes becomes more important than family or school. If they have a sexual life they should protect themselves from AIDS or another disease. 

In my opinion, those are the most important and the most serious teenagers problems.

 Most of us look and act completely fine but everyone is going through something mental health problems.

Nowadays it seems like everyone is having sex which has become a huge issue for teens to pressure themselves about. If you haven’t had sex yet you a loser but if you’ve had sex, everyone looks at you differently and silently judges you. 

It’s too hard to be a teenager that several of us think we could just skip this segment, and get it all figured out. The reality, though, is that you can’t run through. You’ve got to get through this phase and eventually come out safe and satisfied.

In an ideal high school world everyone would be happy with the way they look and wouldn’t force themselves to become something else. None of us would have attempted to suicide because we would all have unexpected support for each other

We, teenagers have to bind together and strive for these things to happen and we all just have to push through our issues. If we just keep pushing and hoping we will come out on the other side victorious.

We are never going to have everything figured out, not even when we are adults, so we just have to except that and remember this chapter will end. We will move on. High school is not the end of us, it’s the introduction to real life, and real life is what matters.

Government banned 47 more Chinese apps

Vaishali Singh

On July 27, 2020, Government Of India banned the 47 more Chinese apps. It’s been nearly a month after the ban of the 59 new Chinese apps, taking the total number of 106 blocked mobile applications.The new apps include clones and different versions of some of the original apps, official sources said, adding that action may soon be taken against more Chinese apps operating in India. About a month ago the GOVt. banned apps such as TikTok, Uc browser, Helo, CamScanner, WeChat, Shareit, MiCommunity, for engaging in activities which are prejudicial to sovereignty and integrity of India, defense of India, security of state and public order.

The new banned apps include Cam Scanner HD, and light version of censored apps such as Likee, Bigo Live, and Helo etc. It is believed thst the government is closely scrutinising other apps that have Chinese bearings. These includes top gaming apps.

The other reasons, the government is concerned about the data collection and data harvesting practices of these apps and feels that these processes may be prejudicial to the security of the country. The government has so far sent a long list of questions to Chinese app developers. Many of the companies are yet to respond to the questionnaire.

Depression : a myth or a serious problem ?

What is depression

Most of the time people feel sad or depressed. It’s normal reaction to loss or struggles in life. But when this sadness become intense – including feeling helpless, worthless , hopeless , lack of self esteem and lack of confidence – last for many days to weeks and keeps you from living your life happily, it may something more than sadness. You could have clinical depression – a treatable medical condition. 

Symptoms of depression 

Depression symptoms can vary from mild to severe and can conclude: 

1. You can’t sleep or sleep too much almost every day,

2.  You have almost no interest or pleasure in many activities nearly every day,

3.  You’ve lost or gained weight.

4.  You feel restless,

5.  You often think about suicide or death,

6. You feel tired or lack of energy,

7.  Loss pleasure in life,

8.  Have sad, anxious or empty feelings.

Physical signs of the depression

There are some physical sign of the condition they may include back pain, joint pain, digestive problems, sleep trouble and  breathing problems. At any one time it is estimated that more than 300 million people have depression – about 4% people of the world’s population when the figures were published by world health organization (WHO) in 2015 women are more likely to be depressed than man.

Treatment

The WHO estimates that Fewer than half of people with depression are receiving treatment. Many more will getting inadequate help, often focused on medication. 

The most common therapy is congnitive Behavioural therapy, which breaks down overwhelming promotion into Situations , thoughts, emotions, physical feelings And actions try to break a cycle of negative thoughts.

If you or you know someone who has symptoms of depression, talk to your doctor. he can evaluate you And offer you treatment or refer you to a mental health professional.

Conclusion

While there are more and more treatments for depression. The problem is rising not falling. 

According to a research , From 2005-15 , cases of Depressive illness increase by nearly a fifth. People born after 1945 are 10 times more likely To have depression this reflects both population growth and a proportional increase in the rate of depression. Among the most at- risk ages. the WHO said.

A key reason for the Continuing rise in depression cases Is that drug is that drug not necessarily “cure” the patient. And other therapies that can make the crucial difference are not in sufficient supply.

So we have conclude that we should openly talk about depression illness and it’s symptoms we should not take it lightly or as a myth. Mostly in Indian society when anyone is suffered by depression insted of helping the person, we considered that person as mentally disabled. We need to understand that depression is Simlar to cold and fever if anyone is needed is just the right treatment.