Patents in India

What is a patent ?

A patent is a legal document that is granted by the government of the state or the country, depending on the national rules. It gives an inventor of a particular thing, the exclusive right to make, use and sell his or her creation for a specified period of time.

The basic idea of this system is to encourage the inventors to safeguard their own creations. Books, movies, and some artworks cannot be patented. However, one can protect these assets under the law of copyright. The law of patent is one branch of the larger legal field known as intellectual property, which also includes trademark and copyright law.

Patent is a form of intellectual property rights (IPR) which apart from patents also includes trademarks, copyrights, geographical indicators etc. A patent is an exclusive right granted for an innovation, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.

Objective of patent is to grant the innovator of the product or process some benefits where invention/innovation cannot be commercially made, used, distributed or sold without the patent owner’s consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. In India, patents are governed by Indian Patents Act 1970 which initially provided for the process patents only and not for product patents for food, chemicals and drugs.

Suppose if product has been developed by an inventor, then he can file patent for the process through which that product has been developed and not for that product itself. In the case of inventions being claimed relating to food, medicine, drugs or chemical substances, only patents relating to the methods or processes of manufacturer of such substances were provided. Thus patent act of 1970 emphasized public interest over monopoly rights. However, under World Trade Organization (WTO), Trade Related Intellectual Property Rights (TRIPS) agreement provides for product patent for 20 years. After the expiry of 20 years, anyone can manufacture that product. All WTO members had to comply with TRIPS agreement before 2005 because of which Indian parliament passed Patent Amendment Act 2005 which brought product patent regime in India. Important features of 2005 Amendment Act and extension of product patent protection to all fields of technology including drugs, foods and chemicals were granted.

Exemptions under 2005 Act are –

• Frivolous claims contrary to natural laws

• Anything contrary to law or morality or injurious to public health

• Mere arrangement or rearrangement of duplication of known devices.

• A method of agriculture or horticulture

• Inventions related to atomic energy

Further, act also empowers the government to import, make or use for its own purpose. It also empowers import of drugs for public health distribution. It also empowers the government to revoke the patent which is found mischievous to state or prejudices to public. State can also acquire a patent to meet national requirements. Patents act is supposed to have most important bearing on the pharmaceutical industry. Drug manufacturing MNCs incur huge cost in the form of R&D for development of new drugs. In order to recover that cost, they sought patent and sell these drugs at exorbitant prices. After the term of patent (20years) is over, every company is free to manufacture those drugs and price of these drugs reduces drastically as new companies don’t engage in the R&D and its cost is reduced. Such drugs whose patent is expired are called as Generic medicines and Indian pharmaceutical companies produce these generic medicines at mush less cost than their western counterparts.

Under the 1997 patent act, Indian companies could produce these drugs even before expiry of 20 years through different process but after 2005 amendment; they have to comply with the product patent. Therefore, it may have an adverse impact on price of medicines in India as they have to comply with TRIPS. Bolar Provision facilitates production and marketing of patented product immediately after the expiry of term of patent by permitting preparatory action by non patent companies during the term of the patent. According to this provision, despite the patent rights, research and tests for regulatory approval does not constitute infringement of patent. There have been few apprehensions in various quarters particularly for health sector regarding its impact on drug prices as it may rule out the availability of low cost drugs. However, it is said that 97 percent drugs manufactured in India are off patents and will remain unaffected.

Further, legislation has strong provision for the outright acquisition of patents to meet national requirements. Besides, there is also Drug Price Control Order administered by National Pharmaceutical Price Authority. There are also adequate safeguards to protect the interest of domestic industry and common man from any increase in the prices of drugs. Although there are adequate safeguards are assured by the government, but some impact on prices cannot be ruled out which will further alienate the poor from the health due to rising cost of medicines. Since it is also nor immoral on part of the companies conducting extensive research on the development of life saving drugs, treatment can be assured to all the persons through universalization of Health Insurance which may be partially public funded. Just like government had imposed cess on petrol and diesel to recover the cost of High development, some cess can also be imposed to recover the cost of universal health programme. In 2009-10, as many as 34287 patents were filed out which only 6168 patents were granted. Moreover, only 17 percent of these patents were granted to Indian while rests were granted to the foreigners. In 2010-11, of the total 7,486 patents granted, Indians could claim only 1,272. On the other hand, foreigners walked away with 6,214 patents. In the world, Japan is credited with maximum number of patents.

The nightingale of India: Lata Mangeshkar

The nightingale of India, Lata Mangeshkar, who has charmed the people in India and across the globe with her melodious voice by singing over 50,000 songs as a playback singer in films at least in 14 languages. Perhaps, she must have been the most recorded voice in the history of this century.
Born on 28th September, 1929 in Indore Madhya Pradesh, Lata hails from a singers family. Her father ‘ Dinanath Mangeshkar’ was a play back singer and owned a theatrical company and her sister Asha Bhosle remind her sole competitor still the 90’s. Lata took her first music lessons from her father at the age of 5 and also studied with Aman Ali Khan Sahib and later Amanat Khan. Following her father’s death in 1942 and the burden of supporting the family forced Lata to choose the singing profession at the very early age of 16. She started her singing career by the movie Kiti Hasal in 1942. In the later coming years, she also played miscellaneous roles from a producer to composer and actress for various films.
She has been defying the law of gravity for more than 50 years by staying firmly ensconced in her position, as though age has bypassed her. Lata sang innumerable songs in her awesome repertoire which cannot be denied either on merit or success and songs that contributed to shaping one of the greatest success stories of the 20th Century. Whether she sang Madhubala to eternal fame with Ayega aanewala in Mahal at the age of 20, or at 44, she immortalized Dimple Kapadia by singing Hum tum ek kamre mein band hon in Bobby or at 69, Dimple’s daughter Twinkle attained an aura of stardom when Lata sang Madhosh dil ki dhadkan for her in Jab Pyar Kissise Hota Hai and a barely a year later, Preity Zinta swung and sang into action with Jiya jale in Dil Se. There is a halo of youthfulness around her. In her body language. Her sense of humor. The timbre of impishness in her voice, which lends itself so naturally to a Tabu (Hu Tu Tu) or a Manisha Koirala (Kachche Dhaage) even today at 74, Lata continues to exude the magic that has made her a legend and gives her voice with the same volume and melody to the actresses who are 1/3rd of her age as she did back in her young age. The telephone rings persistently with people calling to congratulate her on her latest achievement.
Lata Mangeshkar has sang in more than 500 films and for many Lata is the most admired singer. Along with singing, Lata also acted in 8 movies between 1942 and 1948 and her last movie being Chachha Zindabad in 1955. She also composed for the movie Sadhi Manse in 1965 and produced the movie Lekin in 1990. Lata Mangeshkar at 74 is a milestone and a speed-breaker. The breakneck pace at which music is written, rehearsed, rendered and recorded makes Lata a helpless giantess. For Lata, music is a kalpavruksh (a lush tree) whose every branch is covered with beautiful flowers and rich, green leaves. It was after India’s losses in the India-China war in 1962 that a young Lata had sung the song, “Ai Mere Watan Ke Logon, Zara Aankh Me Bhar Lo Pani” the song, written by Kavi Pradeep, moved many heartening people into tears and still remains to be one of the most patriotic song sung by her.
From early on Lata was recognized as being highly gifted musically, and her natural talent meant that she could master the vocal exercises effortlessly on first pass and marked her entrance into music world by competing with the strong and powerful voices of 1940s like Noorjehan, Shamshad Begum and Zohrabai Ambalewali and faced set backs. Lata was even rejected for Shaheed (1948) by producer S. Mukherjee who complained that her voice was too thin, but in 1949 broke with series of hits and particularly the song titled “Aaega Aanewaalaa” from Mahal, really struck home with the nation. By 1950, Mangeshkar’s high-pitched singing style had changed the industry and practically swept away the career of all the existing female singers of that era and dominated the industry till the late 1950s single handedly. With the rise of her sister Asha Bhosle in late 1950s both revolutionized the music world and remained the queens of Indian playback singing up until the 1990s.
Her phenomenal success made Lata the most powerful woman in the Film Industry and nothing stopped Lata from being the best. she rendered obsolete the heavy nasal voices of the day and in search of perfection she even learned Urdu by hiring a tutor. After working with stalwarlts like Madan Mohan, Sajjad Hussain, S. D. Burman, Laxmikant-Pyarelal and R. D. Burman, Lata feels that today the music is not so encouraging. These days she sings more of classical based songs and restrains herself from singing in obscenity songs.
The evidence of Lata Mangeshkar’s contribution comes from the various trophies and awards she has received. She received several doctorates from various universities varying from Pune University to New York University. Awards like Padma Bushan, Padma Vibushan and the no less prestigious Dadasaheb Phalke award in 1990 are the feathers in her Crown. Recently, she was awarded the ‘Bharatha Rathna’ – the highest civilian honor by the Government of India.
Lata has gradually eased herself out of the rat-race of playback singing, though she does sing an occasional number and she no longer needs to announce her retirement from films. Hindustani cinema has itself announced how much need it now has for her. There were those moments of high anguish when Lata felt diminished by the departure of contemporaries like Geeta Dutt, Mukesh, Mohammed Rafi, Kishore Kumar and Hemant Kumar.
For Lata, along with fame came sometimes allegations that she stole her sister’s Asha Bhosle songs or from several female playback singers who could not, perhaps, match her range and talent, alleging that she did not let other talented singers come up. It is not known how much truth there is in such allegations, but it is beyond dispute that Lata is undeniably the best singer India has produced. Her contribution to making music popular throughout India and the world is incalculable.
No human being gets everything in life and at a certain stage in life regrets, but today Lata is beyond all that and doesn’t regret for not getting married. Lata Mangeshkar is a proud Indian and in fact a true living legend.

25 years of cell phone

In the early hours of New Year’s Day 1985, Michael Harrison phoned his father Sir Ernest to wish him a happy new year. There may appear nothing remarkable in such a private show of filial affection, but Sir Ernest was chairman of Racal Electronics and his son was making the first-ever mobile phone call in the UK, using the network built by its newest investment, a company based round the corner from a curry house in Newbury, Berkshire.
Later that morning, comedian Ernie Wise made a very public mobile phone call from St Katherine’s Dock, east London, to announce that the very same network, Vodafone, was now open for business. A few days later, its sole rival, Cellnet, a joint venture between BT and Securicor, was also up and running.At the time, mobile phones were barely portable, weighing in at almost a kilogram, costing several thousand pounds and, in some cases, with little more than 20 minutes talktime. The networks themselves were small; Vodafone had just a dozen masts covering London and the M4 corridor while Cellnet launched with a single mast, stuck on the BT Tower. Neither company had any inkling of the huge potential of wireless communications and the dramatic impact that mobile phones would have on society over the next quarter century.
“We projected there would only be about a million ever sold and we would get about 35% of the market and BT projected there would be about half a million and they would get about 80% of the market,” remembers Sir Christopher Gent, former Vodafone chief executive who was at St Katherine’s Dock a quarter of a decade ago as he prepared to take up his post of managing director the following day. “In the first year, we sold about 15,000 to 20,000 phones. The hand portable Motorola was about £3,000 but most of the phones we sold were carphones from the likes of Panasonic and Nokia.”
Having seen mobile phone penetration soar above 100% in 2004, the industry has spent the later part of the past decade trying to persuade people to do more with their phones than just call and text, culminating in the fight between the iPhone and a succession of touchscreen rivals – soon to include Google’s Nexus One.
John Cunliffe, chief technology officer at Ericsson in north west Europe, believes the next wave of growth for mobile telephony will come not from persuading more people to get a phone – because many already have one – but connecting machines to wireless networks. Everything from vehicle fleets and smart electric and water meters to people’s fridge freezers will one day be able to communicate.
“What we have at the moment is 4.5 billion devices worldwide, what we at Ericsson see is that going to 50 billion devices by 2020,” he reckons. “This is all about machine to machine communication, touching all aspects of our lives.”

Fiscal structure in India

Fiscal federalism refers to the division of responsibilities with regards to public expenditure and taxation between the different levels of the government. Having a fiscal federalism mechanism allows the government to optimize their costs on economies of scale, because in this manner, people will get public service which they prefer, and there will be no unnecessary expenditure. From the economic point of view also, having a federalised structure helps as it creates a unified market.
India has a federal form of government, and hence a federal finance system. The essence of federal form of government is that the Centre and the state governments should be independent of each other in their respective, constitutionally demarcated spheres of action. Once the fundamentals of the government are spelt out, it becomes equally important that each of the government should be provided with sources of raising adequate revenues to discharge the functions entrusted to it.
Constitutional Provisions
The fiscal powers and functional responsibilities in India have been divided between the Central and State governments following the principles of federal finance. Article 246 of the Constitution lays down the list of subjects on which different levels of government can make laws. The division of functions is specified in the Seventh Schedule of the Constitution in three lists vis. the Union List, the State List and the Concurrent List.

The Union List contains 97 subjects of national importance, such as defence, railways, national highways, navigation, atomic energy, and posts and telegraphs. 66 items of State and local interest, such as law and order, public health, agriculture, irrigation, power, rural and community development, etc. have been entrusted to the state governments. 47 items such as industrial and commercial monopolies, economic and social planning, labour welfare and justice, etc. have been enumerated in the Concurrent List. The concurrent list is one in which both state and the Centre can make legislations. However, in case of a conflict or tie, federal laws prevail. Similarly, the borrowing powers have also been clearly mentioned in the Constitution. Under Article 292, the Central government is empowered to borrow funds from within and outside the country as per the limits imposed by the Parliament. According to Article 293(3), the States can borrow funds within the Country. Article 293(2) empowers the Centre to provide loans to state subject to conditions laid down by Parliament.

Fiscal Imbalances in India

Fiscal imbalance occurs when there is a mismatch between a government’s future debt obligations and future income streams.

Vertical Fiscal Imbalance occurs when the revenues of different levels of government (i.e. centre, state and local) do not match their expenditures responsibilities. There is a mismatch in the revenue capacity and expenditure responsibilities of the central, state and local govt. The lower level government (state and local) are often dependent on the central govt for finances to meet their expenditure responsibilities and this necessitates inter-governmental transfers from central govt to lower level governments.

Horizontal fiscal imbalance occurs when governments at the same level in different regions of a country have different abilities to provide services due to different abilities of raising funds. For example, not all states or municipalities in India raise equal amount of tax revenue, which will ultimately define the quality of services provided by individual states to their respective people. Then some region have higher cost of services compared to other regions, so this kind of an imbalance or mismatch in the revenue and expenditure accounts of governments at same level is known as horizontal fiscal imbalance.

Typically, federations (including the Indian one) face vertical and horizontal imbalances. A vertical imbalance arises because the tax systems are designed in a manner that yields much greater tax revenues to the Central government when compared to the state or provincial governments; the Constitution mandates relatively greater responsibilities to the state governments. For example, in India, post the advent of Goods and Services Tax (GST), the share of states in the public expenditure is 60% while it is 40% for the Centre to perform their constitutionally mandated duties.
Justifying Centripetal Biases
For the analysis of Indian fiscal federalism, nevertheless, it must be kept in mind that the Indian federation differs from the developed federations in many important respects.

First, India is vast country with wide inter-regional differences in economic endowments as well as levels of income, and is faced with conflicting tendencies of centralisation and decentralisation, the former designed to reduce inter-regional disparities and the latter to meet the diverse patterns of demand. Besides, the Indian economy is faced with severe interjurisdictional competition, underlining the need for utmost cooperation among various jurisdictions.
Second, the low levels of income and wide inter-regional disparities have necessitated governmental intervention not just in the provision of public services; the government has taken the major responsibility for economic development of the country by taking up the role of both catalyst and an entrepreneur. The multilevel planning adopted for the purpose has brought forth additional com plexities in the fiscal arrangements in terms of heavy fiscal dependence of the states on the Centre, high degree of vertical and horizontal tax and expenditure spillovers and multiplicity in intergovernmental transfer schemes with overlapping and ambiguously defined objectives.
Third, as the pattern of investments in pre-independent era was largely determined on the basis of colonial interests of the ruling power, the differences in the levels of development currently in vogue among the states do not necessarily represent their varied resource endowments.
Finally, the existence of wide inter-regional differences in the levels of development itself under lines a significant role for inter- governmental equitable transfer schemes, as the nexus between levels of development and resource endowments seems to be tenuous in most cases. In such a situation, equitable transfers at the expense of richer states may not necessarily result in lower economic growth.

The Case of Horizontal Imbalances
The horizontal imbalances arise because of differing levels of attainment by the states due to differential growth rates and their developmental status in terms of the state of social or infrastructure capital. Traditionally, Finance Commissions have dealt with these imbalances in a stellar manner, and they should continue to be the first pillar of the new fiscal federal structure of India.
However, in India, the phenomenon of horizontal imbalance needs to be understood in a more nuanced fashion. It involves two types of imbalances. Type I is to do with the adequate provision of basic public goods and services, while the second, Type II, is due to growth accelerating infrastructure or the transformational capital deficits. The latter are known to be historically conditioned or path dependent. It is here that we believe that NITI Aayog must create a niche, assume the role of another policy instrument and become the second pillar of the new fiscal federal structure.

What Can be Done?

Reimagining NITI Aayog
In the past, the Planning Commission used to give grants to the states as conditional transfers using the Gadgil-Mukherjee formula. Now with the Planning Commission disbanded, there is a vacuum especially as the NITI Aayog is primarily a think tank with no resources to dispense, which renders it toothless to undertake a “transformational” intervention. On the other hand, it is too much to expect the Union Finance Commission to do the dual job. In other words, there is an urgent need for an optimal arrangement. It is best that the Union Finance Commission be confined to focussing on the removal of the horizontal imbalance across states of the Type I: i.e. the basic public goods imbalance. We need another institution to tackle the horizontal imbalance of the Type II; for this the NITI Aayog is the most appropriate institution. It can be argued that the Finance Ministry is the other alternative to deliver the goods in this regard but it is ill-suited to do this; its primary duty is to concern itself with the country’s macro-economic stability and the proper functioning of the financial system rather than be an instrument of growth at the subnational level.
Towards this task of cooperative federalism, NITI Aayog should receive significant resources (say 1% to 2% of the GDP) to promote accelerated growth in States that are lagging and overcome their historically conditioned infrastructure deficit, thus reducing the developmental imbalance. In short, the NITI Aayog should be engaged with the allocation of “transformational” capital in a formulaic manner, complete with incentive-compatible conditionalities.
NITI Aayog should also be mandated to create an independent evaluation office which will monitor and evaluate the efficacy of the utilisation of such grants. In doing so, it should not commit the mistake of micro-management or conflicts with line departments. It must be also accorded a place at the high table of decision-making as it will need to objectively buy-in the cooperation of the richer states as their resources are transferred to the poorer ones.

Eduindex – All About Education

Unlock 3.0: MHA issues guidelines: Schools, Colleges and Coaching institutions to be shut till 31 August; yoga institutes, gyms to reopen from Aug 5

The Ministry of home affairs (MHA) has issued fresh guidelines for third phase of ‘Unlock’. These guidelines will come into effect from 1 August, 2020. The restrictions on the movement of individuals during night have been removed, while yoga institutes and gymnasiums will be allowed to open from August 5.

Lockdown shall continue to be implemented strictly in the containment zones till August 31. All activities, except the following shall be permitted outside containment zones – Metro Rail, cinema halls, swimming pools, entertainment parks, theatres, bars, auditoriums, assembly halls and similar places.

Also, schools, colleges and coaching institutions will remain closed till August 31. The government also said the new guidlines issued today are based on feedbacks received overtime by authorities and chief ministers of states and Union Territories. Social/political/sports/entertainment/academic/cultural/religious functions and other large congregations are still not permitted.

Guidelines for containment zones:

According to the order, lockdown in containment zones will remain imposed till 31 August, 2020. These virus containment zones need to be carefully demarcated by the state governments or UTs. Within the perimeters of containment zones, strict social distancing and other norms of containing the spread of the virus shall be maintained and only essential activities will be allowed, MHA said in a statement.

These containment zones will be notified on the websites of respective district collectors of the states and UTs and activities taking place in these zones will be strictly monitored by the authorities. MHA also stated that the states and UTs can impose its own guidelines outside the containment zones, which they deem necessary.

India went under a complete nationwide lockdown from 25 March in order to curb the spread of the novel coronavirus in the country. In an attempt to bring back normalcy, the MHA has been issuing a number of guidelines in its Unlock India mission in order to provide relaxations in a graded manner and kickstart the economy. Meanwhile, with 48,513 people testing positive for coronavirus in a day, India’s Covid-19 tally crossed 15 lakh-mark today, while the recoveries jumped to 9,88,029, according to the daily bulletin of Ministry of Health & Family Welfare.

The country’s death toll rose to 34,193 with 768 fatalities being recorded in a day. The fatality from covid currently stands at 2.25% in India as compared to global average of about 4%. Total virus positive cases now stand at 15,31,669 including 5,09,447 active cases, the health ministry said.

WEBSITES REFERRED:

EUTHANASIA LAW IN INDIA

WHAT IS EUTHANASIA?

The word Euthanasia originiates from the Greek words: Eu (good) and Thanatos (death) and it means “Good Death”, “Gentle and Easy Death.” It is also known as Mercy killing. It was first used in a medical context by Francis Bacon in the 17th century, to refer to an easy, painless, happy death, during which it was a “physician’s responsibility to alleviate the ‘physical sufferings’ of the body”.

According to the World Medical Association Euthanasia means:

Deliberate and intentional action with a clear intention to end another person’s life under the following conditions: The subject is a competent informed person with incurable illness. Who voluntarily asked for ending his life. The person who is acting knows about the state of this person and about his wish to die and is doing this action with an intention to end life of this person. The action is done with compassion and without any personal profit.

TYPES OF EUTHANASIA

Following are the types of euthanasia:-

Passive or Negative euthanasia means the withdrawal of necessary medical treatment with the deliberate intention to hasten the death of a terminally-ill patient is a must. In order for the death to be voluntary, the medicines which aids in saving lives will be discontinued so that death is brought about voluntarily. A common practice of this is a patient signing a ‘Do Not Resuscitate’ (DNR) document. It implies discontinuing or not using extraordinary life sustaining measures to prolong life. Others include act of omission such as failure to resuscitate a terminally ill or incapacitated patient (e.g. a severely defective new-born infant).

2. Active or Direct euthanasia means when one induces death by giving or providing medication or treatment leading to death.

3. Voluntary Euthanasia, sometimes called “assisted suicide”, is used in cases where the sufferer has made it clear that s/he wishes to die and has requested help to bring this about. When the euthanasia is practiced with the expressed desire and consent of the person concerned

4. Involuntary Euthanasia is one which is conducted without the consent and where an individual makes a decision for another person who is incapable of doing so. E.g. prolonged comma, old age, etc. It occurs when no consent or wish to die is expressed by the sufferer. When the euthanasia is practiced against the will of the person and also involuntary Euthanasia is one where patients can express a wish to die but don’t (this equates to murder).

5. Non- Voluntary Euthanasia is one where patients cannot express a wish to die. Patients who are in comas, infants, profound mentally retarded, severely brain damaged, cases of extreme senile dementia, those who cannot communicate for other reasons.

LEGAL VALIDITY IN INDIA

Passive euthanasia is legal in India. As per the 2018 ruling, The Supreme Court has held that the right to die with dignity is a fundamental right.

WHAT IS THE LEGAL POSITION AND TRENDS OF EUTHANASIA IN DIFFERENT COUNTRIES?

The Laws around the world vary greatly with regard to euthanasia, and are constantly subject to change as cultural values shift and better palliative care, or treatments become available. It is legal in some nations, while in others it may be criminalized. In some countries there is a divisive public controversy over the moral, ethical, and legal issues of euthanasia. Those who are against euthanasia may argue for the sanctity of life, while proponents of euthanasia rights emphasize alleviating suffering, and preserving bodily integrity, self-determination, and personal autonomy. Countries which have legitimized euthanasia are The Netherlands,Belgium, Oregon and Washington in the USA. In Switzerland only assisted suicide is legal. In India as mentioned above only passive euthanasia is legal.

LANDMARK CASE IN INDIA

Aruna Ramchandra Shanbaug vs Union Of India

FACTS OF THE CASE

Aruna Shanbaug, a nurse who was assaulted by a ward boy, and went into a vegetative state in 1973. • She remained blind, deaf, paralyzed and in a vegetative state till her death in 2015. A Writ Petition was filed by Pinki Virani claiming that her right to life guaranteed by the constitution had been violated. The petition was rejected by the court after medical examination. However, later in Aruna Ramchandra Shanbaug vs Union Of India, the Supreme Court in March 2011 held that passive euthanasia could be given a nod in case of exceptional circumstances and under strict monitoring of the apex court.

On 7 March 2011 the Supreme Court of India legalized passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) for 42 years until her death in 2015.

The Supreme Court of India specified two irreversible conditions to permit Passive Euthanasia:

The Brain-Dead for whom the ventilator can be switched off.
Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications.

GUIDELINES LAID DOWN BY APEX COURT:

The following guidelines were laid down: A decision has to be taken to discontinue life support either by the parents or the spouse or other close relatives, or in the absence of any of them, such a decision can be taken even by a person or a body of persons acting as a next friend. It can also be taken by the doctors attending the patient. However, the decision should be taken bona fide in the best interest of the patient.

Even if a decision is taken by the near relatives or doctors or next friend to withdraw life support, such a decision requires approval from the High Court concerned. When such an application is filled the Chief Justice of the High Court should forthwith constitute a Bench of at least two Judges who should decide to grant approval or not.

A committee of three reputed doctors to be nominated by the Bench, who will give report regarding the condition of the patient. Before giving the verdict a notice regarding the report should be given to the close relatives and the State. After hearing the parties, the High Court can give its verdict.

WHAT ARE THE ARGUMENTS FOR AND AGAINST EUTHANASIA?

Benefits of Legalizing Euthanasia (Arguments For)

Provides relief to extreme pain.
Relieves physical, mental and psychological pain for the patient and the family.
Provides more facilities and funds for other patients needing medical treatment and attention.
Euthanasia provides a way of relief when a person’s quality of life is low.
It is another case of freedom of choice – the right to commit suicide.
People should not be forced to stay alive.
Speedy termination of physical and emotional suffering.
Organs can be put to good use.
Relieve mental suffering for the patient and his relatives.

Consequences of legalizing Euthanasia (Arguments Against)

The ‘living will’ could be misused
Religious beliefs could pose as a conflict in few scenarios
The person might not be well informed of the possible treatment options
Guidelines of the content of ‘living will’ has to be standardized
Euthanasia demeans and devalues the sanctity of human life.
Euthanasia can become a means of health care cost containment.
Euthanasia will become non-voluntary.
Euthanasia would not only be for people who are terminally ill.
It amounts to murder and it is only God who can take away human life.
It destroys life, which has potential that could be yet unknown to the patient, doctor or the family members.
It discourages scientists who are looking for a cure for incurable ailments.
An irreversible damage

WEBSITES REFERRED:

New education policy

After 34 years the government of India has taken crucial decision by bringing changes in education policy by 5+3+3+4 system

The government of India also mentioned the degree students can choose the tenure of the courses, students can complete their degree in 2 years with a diploma certificate, the students need to complete their 5 the grade by mother tongue

From age 3 to 18 the students must pursue their education

Growing level of competition good for children?

In this day and age where the pace of carrying on with the existence we long for causes significant damage in us. the change through this periods of life are rarely disturbing and we either fall into them or being pushed in the race of life to endure. ultimately Darwin long back gave the mantra – its survival of the fittest.

Present populace of India is 1.27 billion and is developing step by step because of this developing populace less open door is accessible for one prompting elevated level competition,competition in any general public is viewed as solid for the development of the general public and are not left away from it and it they among whom rivalry is the most, rivalry can be in any field scholastic, vocation, or games ” it is smarter to wear out than to blur away” is presumably turning into the best impression of developing rivalry today, for youth it is a race which must be succeeded at any cost and this opposition begins with open level tests in school and continues endlessly for school, work thus on..but where does this opposition start from is an unavoidable issue? What’s more, the response for this is training because rivalry and instruction are interrelated for which rivalry begins from school when a kid contends to take confirmation in school and goes on further till he grows up and passes school life and go into progressively serious reality where he needs to confront heavy cut off ( d.u – 99%) and further more competition..the level of rivalry isn’t with others however with oneself , among young ladies and young men where young ladies wanna substantiate themselves better than young men and arrive at the top position.. rivalry in any capacity causes a kid to build up his character, it encourages a youngster to build up his abilities to come out of the weight, encourages one to know his quality and shortcoming, how to manage basic circumstance rivalry just educates us but a major issue here is that it rivalry essentially right? Is it truly helping a kid to develop decidedly or blurring endlessly his character, rivalry can be sure and adverse and the second side of the coin is pessimistic which represents a danger to youngster’s character and at last his presentation a major job in this is played by relatives and their weight on their kid to turn into the best which prompts different issues looked by a kid like mental weight, stress, tension and if a kid can’t deal with this he thinks better to take up his life, self destruction endeavor by the kids after load up tests is aftereffect of this just then again it prompts weak wrongdoing carried out by youth eg -spilling test paper or paying off and which is at times helped by their folks also,drugs and liquor turns out to be every day part of adolescents life which he feels supportive to alleviate stress,this rivalry isn’t just observed among academicians yet in addition in other circle of life like competitor enjoying different violations and so forth.. The circumstance here requests for us to see when we are standing and what might be it’s outcomes is a kid building up it’s character or simply going for futile way of life , it becomes obligation of guardians to create solid rivalry obligation of school and companions to instruct the kid right thing once abilities, , qualities ought to be improved such a way, that it prompts create a correct way and not overlook his actual character because youngsters are assets and it ought to be used in a superior manner by the general public an entirety

Healthy Competition among all gives us the feeling of where we stand yet it must be from inside not a weight included upon by the guardians or the pitiless framework which just perceives the best. India being the second biggest populated nation makes this opposition for the up and coming age slanted to a furious one. The strain to perform well should not over shadow our character and ought not propel us to tumble from the correct way. Kids must be ingrained with virtues first whereupon the belief system of Survival of the fittest must be dealt with. After the entirety of its not how well you ran the race it how you finish that issues

Public Interest Litigation in India

Introduction

The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, citizens who were passionate about the environmental issues, etc.PIL is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large.

Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi.The liberal interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received.

Some Landmark Judgements

• In December 1979, Kapila Hingorani filed a petition in regards to the condition of the prisoners detained in the Bihar jail, whose suits were pending in court. The petition was signed by prisoners of the Bihar jail and the case was filed in the Supreme Court of India before the bench headed by Justice P. N. Bhagwati. The petition was filed under the name of a prisoner, Hussainara Khatoon, and the case was therefore named Hussainara Khatoon Vs State of Bihar. The Supreme Court decided that prisoners should receive free legal aid and fast hearings. As a result, 40,000 prisoners were released from jail. Thereafter many similar cases have been registered in the Supreme Court. It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the term “public interest litigation” in the Indian context.

The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court.

A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India.

In this case it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32) seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.

M.C Mehta vs. Union of India: In a Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme Court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water.
Vishaka v. State of Rajasthan: The judgement of the case recognized sexual harassment as a violation of the fundamental constitutional rights of Article 14, Article 15 and Article 21. The guidelines also directed for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Who Can File a PIL and Against Whom?

Any citizen can file a public case by filing a petition:
- Under Art 32 of the Indian Constitution, in the Supreme Court.
- Under Art 226 of the Indian Constitution, in the High Court.
- Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
However, the court must be satisfied that the Writ petition fulfils some basic needs for PIL as the letter is addressed by the aggrieved person, public spirited individual and a social action group for the enforcement of legal or Constitutional rights to any person who are not able to approach the court for redress.
A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. The definition of State is the same as given under Article 12 of the Constitution and this includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Conclusion

Public Interest Litigation is working as an important instrument of social change. It is working for the welfare of every section of society. It’s the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional initiative towards the welfare of the needy class of the society.

Panchayatiraj :Back bone of India

Panchayats have been the backbone of the Indian villages since the beginning of the recorded history. Gandhiji s dream of every village being a republic or Panchayats having powers has been translated into reality with the introduction of three-tier Panchayati Raj system to enlist people’s participation in rural reconstruction.

24th April, 1993 was a landmark day in the history of Panchayati Raj in India as on this day the Constitution (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions.

The salient features of the Act are as follows:

i. To provide three-tier system of Panchayati Raj for all states having population of over 20 lakh.

ii. To hold Panchayat elections regularly for every 5 years.

iii. To provide reservation of seats for Scheduled Castes, Scheduled Tribes and women (not less than 33 percent).

iv. To appoint State Finance Commissions to make recommendations regarding financial powers of the Panchayats.

v. To constitute District Planning Committees to prepare draft development plan for the district as a whole.

According to the Constitution, Panchayats shall be given powers and authority to function as institutions of self-government.

The powers and responsibilities to be delegated to Panchayats at the appropriate level are:

Preparation of plan for economic development and social justice.
Implementation of schemes for economic development and social justice in relation to 29 subjects given in the Eleventh Schedule of the Constitution.
Levying and collecting the appropriate taxes, duties, tolls and fees.

The 73rd Amendment Act gives constitutional status to the Gram Sabha. The provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 extends Panchayats to the tribal areas of eight states, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan. This has come into force on 24th December, 1990. Except Rajasthan and Bihar, all states have passed laws to give effect to the provisions contained in the Act 40 of 1996.

Under the Act, Gram Sabha has been vested with powers for:

i. Ownership of minor forest produce, approval of development plans, selection of beneficiaries under various programmes.

ii. Consultation on land acquisition, manage minor water bodies, control mineral leases, regulate/prohibit sale of intoxicants, preventing alienation of land and restoring unlawfully alienated land of STs, managing village markets, controlling money lending to STs, and controlling institutions and functionaries in all social sectors.

The ministry extends limited financial assistance to the states to train and create awareness among the elected members of Panchayats and functionaries. The Ministry has been providing financial assistance through the Council for Advancement of Peoples Action and Rural Technology (CAPART) to the non-governmental organizations for conducting training and awareness generation programmes on Panchayati Raj. The Ministry also commissions research and evaluation study related to Panchayati Raj from voluntary organizations institutions.

Political Interference in Bureaucracy

The political association and bureaucratic mechanical assembly have consistently been the steady base light emissions enormous equitable set up of India. its working as the two co equal and inseparable elements shapes unequivocally the piece of English expansionism strategy. since pre-freedom time the bureaucratic association have been affected by the political support and hence , notwithstanding being two unmistakable segments ,they have worked indistinctly as one organ.this was fundamental for the successful and efficient working of a majority rules system., following which our constitution producers additionally wanted to proceed with a similar approach of government employees being responsible to the chosen governments, to fortify up and hold firm the neediness driven and ethnically isolated post autonomous India. legislature and official mastery cooperated to introduce extraordinary arrangement volt in the nation , hoisting the nation from its old status of helpless nation to that of “one of the quickest creating economy” of the world.

Causes

Most definitely we owe the current set-up to provincial heritage: Where administrators were viewed as specialists of the pilgrim experts. Choice of the organization was additionally founded on the racial, elitist ideas. With the approach of vote based system and republican and parliamentary type of govt ., where the civil servants have been characterized as local official. In any case, the impression of “Examiner raaj” and “BABUS” are still sticks to the old inheritance , at least for the rustic and semi-proficient people are concerned.People still dread about heading off to the Police stations, government offices.This thing has not occurred in isolation.The way regular open are treated there is the primary driver. The old ace serf relationship(during pioneer time) has changed and now open have been at the front. Numerous multiple times open everywhere are kept in obscurity and it is seen by the first class gathering that things are confused for people in general on the loose. Absence of straightforwardness in the framework offers ascend to illegal obstruction. Different things, for example, Nepotism, irrationality, personal stakes do add to the political obstruction. At the ground level we have seen the induction is will undoubtedly happen when the concerned administrator is less upstanding, looks for political support and so forth. Political obstruction done in the interest of open intrigue isn’t sweepingly terrible. Presently we have numerous administrations in India viz; State Services, Central administrations, All India benefits, the sort of resistance given to each help fluctuates. Resistance at times additionally becomes possibly the most important factor as an All India staff are less defenseless to neighborhood impact because of the invulnerability given to his/her administration by the constitution and things are managed on the upper layers with respect to his exchange, portfolio and so on optional force likewise fluctuates and consequently it is fundamental for the upper assistance individuals given better in-susceptibility. Cash power likewise assumes a significant job in the impedance thing, the same number of a period allurement is practiced to complete the work. Muscle-man turned legislators are additionally quick to practice this obstruction thing. Now and then Physical danger by such legislators to complete their vested work by the civil servants visa-vis delicate distribution, contracts and so forth. Not all the civil servants are spotless enough to not bow down before the government officials as they share numerous unlawful works done couple so at times coercing additionally comes into the image. It is said that favor never wants free. That rule is applied here too a few kinds of rough and brutal nexus is available in the framework which empowers the controllers to calm each other’s advantage.

In spite of the fact that this issue isn’t restricted to India just we have an exceptionally upsetting instances of such nexus in Russia and other creating nations too where such nexus brought forth “friend free enterprise”. In third world nations because of the provincial heritage and outlook things are obviously particularly interwoven where the liberal , conventional and different belief systems are at war quite often. Additionally the Bonaparte and Over-Developed state classified states are increasingly inclined.

Consequences

Bureaucracy is called steel frame of India. It is the establishment which works in the field and brings down the advantages from top to the base level. The results of a degenerate administration end up being deadly. It clears numerous a ground for different kinds of turmoil in the general population. During the hour of Emergency Indian organization was ‘submitted administration’ without a doubt the local officials will undoubtedly adhere to the directions of open delegates. And yet the officials are compelled by a solemn obligation to propose better option in contrast to political bosses. Giving tenders, agreements to shut ones through submitted official is broadly predominant in India. Also, the yield of such wrongdoing is low quality work, fragmented work and the open exchequer gets abused. Likewise this cycle sustains and individuals with personal stake do abuse all the potential associations and cash power so as to guarantee the things help come in out. Because of this precarious games and darkness ordinary citizens loses confidence in the organization of administration and accordingly the heritage of Mai-baap(colonial inheritance ) proceeds. The impedance’s are progressively regular in Police administrations and police faculty are solicited to accomplish something out from turn for the politically connected individuals: Such examples not just lead to disintegration of lawfulness circumstance yet in addition exhaust the discouragement which is given by the law. So results of negative obstruction are awful. As referenced above not generally obstruction is a terrible thing now and again an open agent who is knowledgeable with circumstance of the region may accompany some proposition and may request something to be done on pressing premise is definitely not a terrible thing. Such inputs and dynamic intercession ought not be disgraced as this record for open intrigue and this is the main intrigue which towers all other enthusiasm for residential organization.

Remedies

Remedies Lies in the issue itself we need to focus on the things which advance such things in the framework. After Identification the things ought to be turned out to be by establishing enactment, administration codes. SC in administering in 2014 opined to shape a board Civil Services Board which would take care of the exchange and posting of the officials w/o any political preference. Additionally security of residency ought to be given so as to limit the political obstruction. As this is the most looked for after panacea for the personal stake individuals have for the upstanding officials. Severe watch over the advantages development and riches gathering by the work force. Courses and Loops ought to be found through which government official civil servants keep profiting. Suggestions of ARC ought to be executed and the board ought to be framed with enough self-sufficiency to investigate the situations where upstanding officials are requested excessive favors and move can be made on such legislators. The board ought to likewise keep a tab on the staff who are being given out of the turn advancements or postings and so on. The board ought to likewise have capacity to renounce such unjustifiable favors. The board can be given protected status.The top down working model of India do offer ascent to such obstruction , Having an engaged and budgetary degenerated structure will hinder such impedance generally. So base – up approach in arranging and dynamic is the need of hour. Our own ought to be an edified organization and it’s hard working attitudes coterminous with the ‘Scholar King’ of the Plato. In spite of the fact that these are beliefs yet Ideals ought to consistently be as a primary concern when something earth shattering must be accomplished

Guidelines to be followed by Police while making an Arrest

Arrest involves the restriction of liberty of a person arrested and therefore, infringes the basic human rights of liberty. Nevertheless the Constitution of India as well as International human rights law recognize the power of the State to arrest any person as a part of its primary role of maintaining law and order. The Constitution requires a just, fair and reasonable procedure established by the law under which alone such deprivation of liberty is permissible. Although Article 22(1) of the Constitution provides that every person placed under arrest shall be informed as soon as may be the ground of arrest and shall not be denied the right to consult and be defended by a lawyer of his choice and S.50 of the Code of Criminal Procedure, 1973 (Cr. PC) requires a police officer arresting any person to “ forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest”. in actual practice these requirements are observed more in the breach. Likewise, the requirement of production of the arrested person before the court promptly which is mandated both under the Constitution [Article22(2)] and the Cr. PC (Section 57] is also not adhered to strictly.

A large number of complaints pertaining to Human Rights violations are in the area of abuse of police powers, particularly those of arrest and detention. It has, therefore, become necessary, with a view to narrowing the gap between law and practice, to prescribe guidelines regarding arrest even while at the same time not unduly curtailing the power of the police to effectively maintain and enforce law and order and proper investigation.

GUIDELINES LAID DOWN BY THE HON’BLE SUPREME COURT IN D.K. BASU CASE:

The Hon’ble Supreme Court, in D.K. Basu Vs State of West Bengal , has laid down specific guidelines required to be followed while making arrests.

THE HON’BLE SUPREME COURT GUIDELINES on arrest:

The principles laid down by the Hon’ble Supreme Court are given here under:

(i) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designation. The particular of all such personnel who handle interrogation of the arrestee must be recorded in a register.

(ii) That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

(iii) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

(iv) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aids Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(v) The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

(vi) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclosed the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.

(vii) The arrestee should, where he so request, be also examines at the time of his arrest and major and minor injuries, if any present on his /her body, must be recorded at that time. The Inspector Memo’ must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(viii) The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention In custody by a doctor on the panel of approved doctor appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.

(ix) Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.

(x) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

(xi) A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

LEASES OF IMMOVABLE PROPERTY

LEASE (SECTION 105)

A lease of an immoveable property is a transfer or handing over of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a value paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered intermittently or on specified or stated occasions to the transferor by the transferee, by whom transfer on such terms is accepted.

The person who transfers the property (transferor) is known as the lessor. The person to whom the transfer is made(transferee) is known as the lessee. The price here is acknowledged as the premium and the money, share, service, or any other thing so rendered in acknowledged as the rent.

A lease is the enjoyment of immovable property for a certain period of time or in perpetuity. But, in lease transfer of immovable property is not absolute like there it is in sale. The right of possession is separated from the right of ownership. In a sale, all the rights of ownership, which the transferor has, passes on to the transferee. In a lease, there is a partial transfer, that is a transfer of a right of enjoyment for a certain time.

A lease is transfer of an interest in an immovable property which is the subject matter of the lease and interest is the right to occupy and utilize the property for which the lease is given for period on terms and conditions as settled between the parties to lease agreement.

ESSENTIALS OF A LEASE AGREEMENT

2 Parties:

There should be two parties to a lease. The lessor and the lessee. Parties must be competent. The parties in a lease agreement should be competent to enter into a contract. Lesser should be authorised to a property and have absolute rights over that property.

Right of possession:

Ownership rights are not transferred in a lease, only the possession of the property is transferred or the right to use and enjoy the property.

Rent:

Consideration for a lease agreement can be reserved in the form of a rent or a premium.

Acceptance:

Lessee, who get the interest in the property after lease, has to agree to the lease agreement along with the time period and terms & conditions levied on the transfer.

Time Period:

Lease can continue for a certain time period which has to be specified in the lease agreement.

DURATION OF CERTAIN LEASES IN ABSENCE OF WRITTEN CONTRACT OR LOCAL USAGES (SECTION 106)

Section 106 provides for the duration of the lease in the absence of the lease agreement. It lays down that in the non-existence of a contract, lease can be terminated by both parties to the lease agreement by issuance of a notice to quit. The specified time period always initiates from the date notice to quit is received.

According to section 106 of TPA, 1882, if there is an absence of a written contract or a local usage to the contrary then in the case, a lease of immovable property for manufacturing and agriculture purpose will be from year to year and will be valid till the time until it was terminated by either of the party, by six months’ notice and if there is a lease any other purpose except agriculture or manufacturing will run from month to month then it will be terminated by 15 days’ notice.

LEASE HOW MADE (SECTION 107)

Section 107 states about lease how made. This section covers three aspects:

A lease of Immovable property for the term of 1 year or exceeding a year– This can only be prepared by a registered deed.

Another leases of Immovable property for the period less than one year can be either prepared by a registered deed or a verbal agreement or settlement, accompanied by delivery of possession of that property.

When the lease is of multiple properties that require multiple deeds, it will be made by both the parties of the lease.

DETERMINATION OF LEASE (SECTION 111)

Section 111 states concerning the determination of the lease, which sets down the methods to terminate lease:

Lapse of time – When the prescribed time of the lease expires, the lease is terminated.

Specified event – When there is a condition on termination of time of lease i.e. lease will terminate on happening of an event.

Interest – Lessor’s interest to lease the property may cease, hence the lease is terminated.

Same owner – When the interest and rights of both lessor and lessee are relocated or vested in the same person.

Express Submission– Happens when the lessee ceases to own an interest in the property and gets into a mutual agreement with the lessor.

Implied Submission – When the lessee goes into a contract with some other lessor for the lease of property, it is an implied surrender of the current lease.

Forfeiture – There are three ways in which a termination of lease can be done:

When there is a breach of an express condition by the lessee. The lessor may get the possession of his property back.

When lessee renounces his character or gives the title of the property to a third person.

When the lessee is called as insolvent by the banks, and the conditions provided for it, the lease will be held terminated.

Expiry of Notice to Quit – When the notice to quit by the lessor to the lessee expires, the lease will also expire.

RIGHTS OF LESSOR

Right to accretions- If during the tenancy period any further accession, accumulation or addition is made in the property whether naturally or artificially by the expense of the lessee. On the termination of the lease period, the lessee must surrender the accession to the lessor.

Right to collect rent- The lessor has the right to collect rent or any form of consideration as mentioned in the terms and conditions of the contract from the tenant without any form of interruptions.

LIABILITIES OF A LESSOR

Duty of disclose material defects- The lessor is bound to disclose to the buyer any material defect in the property. There are two kinds of defects:

So basically, a lessor is bound to disclose those apparent defects to the lessee, which are material with reference to the intended use of property or interfere with the enjoyment of the property by the lessee.

To give possession- The lessor must deliver possession of the leased property to the lessee on being requested by lessee. The lessor is not entitled rent unless he has fulfilled his obligations to put lessee in possession of the leased premises.

Covenant for quiet enjoyment- the lessor is deemed to contract with the lessee that if the lessee pays the rent and performs his own obligation, he may hold property during the time limited by the lease without any interruption. The Madhya Pradesh HC stated that actions such as physical interference or direct interference in the premises lead to a breach of enjoyment and interruptions.

RIGHTS OF A LESSEE

To deduct the cost for repair- If the lessor commits a breach of the covenants which the lessor is bound to do in that case the lessee can make such repairs by his personal expenses. The lessee after giving reasonable notice to the lessor, may do such repairs by his personal expenses, and recover the amount expended by him by him together with interest by deducting it from the rent.

Right to remove fixtures- Lessee has right to remove the fixtures or trees planted by him in the property during the time continuance of lease. However, after the termination of the lease deed the lessee is allowed to remove his possession in the property. It is considered optimal that property is left in the condition in which it was received by lessee.

Right to assign his interest- The lessee may transfer absolutely or by way of sub-lease or mortgage the whole or any part of his interest in the property. However, if the lease deed restricts a lessee to dispense his interest then the lessee is barred to do so and even after the transfer of his rights, the lessee is still subordinate to all the liabilities related to the lease deed.

Right to have benefits of crops- a lessee who holds the lease of uncertain duration then, in that case, the lessee or his/her legal representative has been given the right to take benefits from all the crops cultivated by them.

LIABILITIES OF A LESSEE

Duty to disclose material facts- The lessee is bound to disclose facts concerning the lessors title which increase the value of lease and of which the lessor is ignorant. In case if the lessee does not disclose material fact and the lessor undergoes any loss then the lessee is bound to compensate the lessor.

Duty to pay rent- The lessee’s liability for rent is regulated by term of the lease. He is bound to pay the rent or the premium to the lessor or his agent in the appropriate time and suitable place. In case the lessee fails to pay his/her rent then, in that case, the lessor can expel the lessee on the ground of non-payment of rent or file a suit for arrears of rent.

Duty to maintain the property- The lessee is bound to maintain and restore the property in the condition he was given the possession of the property. Only the changes caused by uncontrollable forces can act as an exception for this liability.

Duty to give notice of encroachment- duty of lessee to inform lessor when he becomes aware that any person has tried or is trying to damage the rights of the lessor or the title of the lessor is endangered then, in that case, the lessee must give notice to the lessor.

Duty to use the property in a reasonable manner- The lessee is under an obligation to use the property as a person of ordinary prudence would.

Duty not to erect any permanent structure- prohibits lessee from erecting any permanent structures except the agricultural cultivation without the consent of the lessor.

Duty to restore possession- On determination of the lease, the lessee is bound to the possession of the property to the lessor. If the lessee does not vacate the premises even after the expiry of the notice, then lessee remains liable for the rent.

CONCLUSION

The fundamental conception of a lease is that it is the separation of possession from ownership. For a lease of immovable property, there must be lessor and lessee. An agreement of lease must be executed lawfully by the parties to lease agreement.

Unsettled reality check

Getting to the complex concept of reality check , that is this phenomena of social connection. Just being around other people makes us happier than all the things we do to worry about our problem sets and worry about all that stuff. Like, it seems to matter a lot more than we think.It’s not the stuff, but it turns out it is, it seems, social connection. Just how much do you hang out with people that you’re close with? Having close ties with people – having a social connection is good for all kinds of health related stuff. It can actually make you less vulnerable to premature death. So, if I look at whether or not you’re going to die, if you’re an elderly person, you have more social connections, you tend not to. It can make you more likely to survive a fatal illness like cancer or heart disease and so on. And it makes you less likely to fall prey to the sorts of stressful events that mess up your life. All kinds of health consequences to social connection. there’s also all kinds of happiness consequences too, at least when you look at who’s happy, who’s unhappy merely just spending time with people can allow me to predict whether or not you’re going to be happy or unhappy. Happiness or sadness cannot just be predicted by looking at them , it doesn’t go around the same way not all the time , at least !

But here’s the question, is this really the case? Can we kind of intervene on people’s lives, give them more of close social connections, and increase their happiness?you’re in the solitude condition. Your goal is to just like, be like, enjoy solitude, a lot of people love solitude, just be quiet, be by yourself, and just like, try to enjoy as much as possible. Or you’re in a control.It’s only in the solitude condition, and interestingly, in the control condition where people seem to feel worse.Solitude subject is not the only solution for all your loneliness temper tantrums , we think that that might be kind of a mechanism of why a social connection is doing all of its work. It’s just making the richness of life even richer among other sorts of things that it’s doing. Reading the room and reality check has got all these things up which remains unsettled for many reasons.

What is a patent ?

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Introduction

Some Landmark Judgements

Who Can File a PIL and Against Whom?

Conclusion

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