Day: August 8, 2020

Coercion under English Law and Indian Law- A Comparative Analysis

Under Section 15 of Indian Contract Act, 1872 –

“Coercion” defined – “Coercion” is the committing, or threatening to commit any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. (45 of 1860).

Explanation.- It is immaterial whether the Indian Penal Code is or is not force in the place where the coercion is employed. (45 of 1860).

Coercion as defined under Section 15. It corresponds with most part with ‘Duress’, known to English Law.

Coercion comprises of the following two elements :

  1. Committing or threatening to commit an act which is contrary to law with the intention of causing any person to enter into an agreement ;
  2. Which compels an individual to act in an involuntary manner.

In case a contract is entered into by coercion, the contract shall be voidable under Section 19 of the Indian Contract Act, 1872.

Also, in case certain money has been paid or goods been delivered by the party to the contract under coercion, the same is recoverable under Section 72 of the Act.

Coercion: Voidable Contract

To cause any person to enter into an agreement is not necessary. It has been held in Purushottam Daji Mandalik v. Pandurang Chintaman Biwalkar[1] Plaintiff sued the defendant to set aside a sale-deed on he ground of coercion under Section 39 of the Specific Relief Act, 1963. Particulars of the coercion alleged were given in the plaint and further elucidated in the plaintiff’s deposition and supported by definite willingness to the effect that here has been open and violent abduction and severe beating to procure signature of the document. The contract was declared voidable.

Burden of Proof

The invalidating circumstances, which allege coercion must be stated by the party relying on the defence of coercion. Therefore, the aggrieved party which wants to set aside the contract will have to establish that the consent was obtained by coercion.

Duress

What the India Law calls coercion is called in English duress or menace. Duress is said to consist in actual or threatened violence or imprisonment of the contracting party or his wife, parent or child, inflicted or threatened by the other party or by one acting with his knowledge and for his advantage. Duress must be such as to cause immediate violence and also to unnerve a person with ordinary firmness of mind.

Test for Duress

The person who applies pressure to extract a promise from another is not allowed to excuse his wrongful behavior by using other reasons which the victim may have had for making the promise. In the case of Barton v. Armstrong[2], where the Court observed that it is enough that the pressure “was a reason (not the reason, nor the predominant reason nor the clinching reason) why the complainant acted the way he did.” In this case: A exerted pressure on B by threatening to kill B if he did not enter the agreement. There were other commercial reasons which might have induced B to enter into the agreement even in the absence of the threats from A. It was held that it was enough that A’s threat was a reason that contributed to the decision to enter into the agreement. It was not necessary to show that it was the prime reason.

DIFFERENCE BETWEEN COERCION AND DURESS

Coercion in India means committing or threatening to commit an act forbidden by the Indian Penal Code, duress under common law, consists in actual violence or threat of violence to a person. It includes doing of an illegal act against a person, whether it be a crime or a tort. Unlike coercion, duress is not confined to unlawful acts forbidden by any specific penal law like the Indian Penal Code in India.

Detaining a property or threatening to detain any property is also covered within the definition of coercion whereas duress is constituted by acts or threats against the person and not against his property.

India, coercion may proceed from a person who is not a party to the contract, and it may also be directed against a person who, against, may be a stranger to contract i.e. a third party.

Duress does not cover acts done by a party to the contract, or a person stranger to contract. In England, duress should proceed from a party to the contract and is also directed against the party to the contract himself, or his wife, parent, child, or other near relative.

[1] AIR 1968 SCR 705

[2] UKPC 1976 AC 104

What makes an employee to be motivated and satisfied with his job

There are definite links between how motivated you are at your workplace and your level of job satisfaction. Owners of small businesses should endeavor to increase job satisfaction so employee motivation will also improve, resulting in better job performance and increased efficiency. Concentrate on creating enthusiasm, optimism, contentment and feelings of teamwork to help your company flourish.

Feelings of worth

It is important to an employee’s mental outlook to believe she is valuable to your company. Encourage feelings of worth in your workers as a means of increasing motivation and job satisfaction. Praise your employees for exceptional performance, thank them for extra efforts, congratulate them on their talents and reward them with gift cards and other expressions of gratitude. Also, give them challenges such as leading a work team, designing a project or mastering the new office equipment and software, which can help increase feelings of worth when the challenges are successfully met.

Commitment

Employee commitment is enhanced when an employee feels motivated and satisfied at his job. The link between motivation and satisfaction is, therefore, illustrated by the commitment a worker shows toward his company. Therefore, motivation plus job satisfaction equals commitment.

“Happiness is affected by (employee’s) sense of control over their lives.”

Employers should also encourage employees to customize their workstations. This could include décor and/or equipment. This not only gives employees control over their work environments, but it can ease personal barriers such as back pain or eyestrain. In addition, studies show that certain colors or décor can improve happiness. Employees will be able to create a place they enjoy working in rather than being stuck in a bland office cubicle.

Another way to give employees a sense of control is to create employee-driven competitions such as sales competitions. These activities put employees in control of their success. Each employee can set personal goals, and they will feel a sense of accomplishment rather than obligation.

If you want to know how to motivate your employees and get positive employee engagement, you have to make them feel passionate to go to work every day and wanting to spend time with you and their colleagues.

There are some fantastic ways which can you use to motivate your employees :

Create a friendly work environment: Your employees spend a large amount of time of their lives working in the office. So try to make the office look as friendly and appealing as possible. When you create a pleasant atmosphere where it is welcoming and comfortable, your employees will be more than eager to go to work every day.

Acknowledge employees’ achievement: Everyone wants to be recognised for something they have done; regardless if it was for a work or personal achievement. The acknowledgement of a job well done coming from upper management will mean more to an employee than you think. Always remember to give credit when credit is due. takes more than just a pat on the back. Try giving simple incentives when rewarding engaged employees.

” For good ideas and true innovation, you need human interaction, conflict, argument , debate .”

It does not have to be monetary rewards all the time; simple things like a week of having a personal parking spot at the office would be sufficient. Rewarding employees could also be a part of the company benefits.

Positive communication is the key: Everyone communicates at work and it is probably the easiest thing you can do with your employee. Yet it can also be the most difficult. Spend a short period of time each day to have a word with your employees; discussing things from concerns to ideas. This will not only make your employee happy , it will also provide you with much-needed insight on your business from your employees.

Encourage friendly competition :

A little competition among the employees would not hurt. A competitive environment is a productive environment. Encourage employees to participate in competitions or challenges as it is healthy and may actually lead to increased camaraderie. Friendly competition amongst teams helps with employee engagement and employee participation.

Encourage creativity: Creativity does not have to be based on the work that the employees are doing. It could be simple task like giving ideas on the next company retreat or team building exercises.

“An employee’s motivation is direct result of the some of interactions with his or her manager.”

Encourage team work: Try to remove any bureaucracy and hierarchy within the company and create an ‘openness’ to new ideas at any level and working together as a team keeps employees motivated.

Welcome all ideas: Everyone is unique and unpredictable and each with individual desires and some with complicated ideas. Remember not to shunt away ideas or suggestions no matter how silly or meaningless they may sound.

Have a meaningful and worthwhile goal: Managers should ensure that the company has a vision and plan at a corporate and individual level. Employees who have a path set before them that may lead to promotion can work towards a goal. Achievable goals are very helpful as it gives employees the drive to work harder without being asked.

Be a leader worth following: As a leader, employees are going to look to you to set an example for the rest of the group. Leaders tend to be setting a tone and values for the company. By doing so, it could have a meaningful effect on the mentality of the employees. If leaders set an example of positive thinking, employees will follow and the entire work culture will become more motivating.

Thede are the ways which make an employee to be motivated and satisfied with their job at workplace. And gives a good result or outcome to the organisation. And it make effective employee and more productivity.

Every company is different; some of these ideas may work for your company, while other methods are not the right ones. Perfect your motivation strategy as you get to know the individuals in your company and they will reward you with greater dedication and a positive perspective for the company’s future. Do not forget that an employee who enjoys coming to work is a worthy investment. Try boosting your team happiness as well .

India’s Healthcare Condition

Long before the virus invasion into India, the nation already suffered from a devastatingly poor healthcare system. With more corrupt systems in Public (government owned) hospitals where only miserable think of going while the middle or upper  middle and upper classes always seek for the genuine treatments at heavily priced private hospitals. Middle class economic sectors do end up with long term bank loans.

We’ve seen many cases in the past where private hospitals literally looted patient’s families, in some cases the patient was already dead while reaching the hospital and yet doctor’s kept the dead bodies for treatment and kept fooling the family by saying “we are doing the treatment and trying our best to save the patient”. All this was done just to add up bills for the families and friends of patient.

There’s a saying about doctors worldwide that they are a form of god who saves lives but this thought is questioned when some doctors commit the hideous sins ever known to humanity. This is happening even during the treatments of covid-19 specifically in India where many citizens are falsely reported covid positive and are admitted to expensive private medical institutes who charge hefty charges (8-12 Lakhs INR) from somebody who’s already negative from the virus contagion.

In many other cases where healthy citizens wrongly reported are admitted to hospitals and later their vital body parts viz. heart, kidneys, eyes, liver etc were removed for organ trade benefits. So how these doctors were able to do this and how still many are doing this right under the nose of government administrations. The answer comes to complete absence of investigation of each dead body, these doctors know it for sure that an alleged positive patient when claimed dead would be directly sealed into a body bag by the hospital workers. No policemen and neither family nor friends are allowed to have a sneak peek at the dead body. The dead body in a body bag is directly sent for cremation. This gives an upper hand for corruption and illegal organ trade.

Some 2.4 million Indians die of treatable conditions every year, the worst situation among 136 nations studied for a report published in The Lancet. Poor care quality leads to more deaths than insufficient access to healthcare–1.6 million Indians died due to poor quality of care in 2016, nearly twice as many as due to non-utilisation of healthcare services (838,000 persons).

“For too long, the global health discourse has been focused on improving access to care, without sufficient emphasis on high quality care,” Muhammad Pate, co-chair of the commission that produced the report, who is also chief executive of Big Win Philanthropy and former minister of state for health in Nigeria, said in a statement. “Providing health services without guaranteeing a minimum level of quality is ineffective, wasteful and unethical,” he said.

As the Indian government readies to roll out its ambitious national health protection scheme, the Ayushman Bharat Yojana, by the end of September 2018, the study’s findings are crucial.

“We need to better measure the quality of our health system as a composite entity rather than be merely content with certifying hospitals and laboratories,” said Srinath Reddy, president of the Public Health Foundation of India, a Delhi-based think tank, about the lack of mechanisms for monitoring quality in India. “Some elements of quality, mainly in maternal and child health, are being monitored under NRHM [National Rural Health Mission]. However, composite measures of the health system overall are unavailable,” he said.

Public accountability and transparency on health system performance are two ways to improve the quality of healthcare, the commission recommends.

Commonly used health metrics such as the availability of medicines, equipment and skilled attendants do not reflect quality of care and even “lead to false complacency about progress”, it says, proposing a dashboard of metrics that should be implemented by countries by 2021 to enable transparent measurement and reporting of quality care.

Manish Sisodia on National Education Policy 2020

Recently an interview of Mr. Manish Sisodia, the Education Minister and Deputy Chief Minister of Delhi was published in Hindi newspaper Hindustan. He talked about the New Education Policy 2020 and what he thinks about it. I will state some of the important things he said.

He is somewhat happy with the new policy. But at the same time. He states that an education policy does not mean that all all all good things about education are to be written and kept. It means that the policy should state how to implement it. According to him a new policy has few floors which leads to confusion as to how how it will be implemented. He says that in the New Education Policy government schools are omitted and private schools are given much priority. He also emphasizes on the fact that a law should be made which specified the minimum to be spent in the education sector. He feels government schools will benefit if such a thing happens. Government schools will then be able to give quality education at par with private schools.

He appreciates the concept of foundation learning and equal education for all. But questions how is that possible if Anganwadi workers are asked to teach in government schools. Because the teachers in private schools are well educated and trained to teach. This will mean difference in standards of education provided.

Emphasizes on the fact that the board exams should be cancelled. in the new policy the students have an option to give boards twice but after that they also have to give a NTA test. he feels that if the students have to finally given the NTA then what is the need for boards. He also talks about the three language formula which states that a student will learn three languages in school two of which will be native Indian languages. appreciate the fact that in the foundation years the students will get to study their mother tongue. He says that if students learn to study in the native languages then the learn in capability will increase.

SEPARATION OF POWERS

INTRODUCTION

As said by Aristotle, “All constitutions have three elements, concerning which the good lawgiver has to regard what is expedient for each constitution. When they are well-ordered, the constitution is well-ordered, and as they differ from one another, constitutions differ. There is one element which deliberates about public affairs; secondly that concerned with the magistrates- the question being, what they should be, over what they should exercise authority, and what should be the mode of electing to them; and thirdly that which has judicial power.”[1]

Separation of power basically means distribution of the powers and authority as well as responsibilities and duties amongst the three pillars of our nation that is, the executive, the legislature and the judiciary. It deals with the function of each organ of the state and its inference on other organ. India is a quasi-federal country.

MEANING

The French thinker Montesquieu stated, early in eighteenth century, that moving power in the hands of only one organ or group of the government is tyrannical. In order to address this problem, he felt that the solution would be to place power in three separate three arms of government, namely the legislature, the executive and the judiciary. This would make it possible for each body to be autonomous of the other in such a way that there can be no encroachment or overlapping of powers and that there could be harmony that would help the smooth functioning of the government.

These words state the Doctrine of Separation of Powers as given by Montesquieu, “There would be an end of everything, were the same man or same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing laws, that of executing public resolutions, and of trying the causes of individuals.”

Understanding that the function of a government is to safeguard individual rights but recognizing that governments have traditionally been the principal violators of such rights, a number of measures to reduce that likelihood have been developed. One such measure is of the separation of powers.

The premise behind Separation of Powers is that if a single person or community has a considerable amount of control, they can become harmful to the general public. Separation of powers is a way to minimize the momentum of power in the hands of any group, making abuse and arbitrariness more difficult to be brought into practice. It is generally accepted that there is a tripartite structure of government authority and power:

(i) Legislature (ii) executive (iii) judiciary.

As per the theory of the separation of powers these three powers and functions of the government must always be kept separate in a free democracy, exercised by separate Government organs.

DOCTRINE OF SEPARATION OF POWERS

As explained by Wade and Philips, The Doctrine of Separation of Powers indicates 3 features to showcase the Powers of Government:

I. The same person should not form part of more than one of the three organs (i.e. Executive, Legislature and Judiciary) of the Government. For example, ministers should not sit in Parliament.

II. One organ of the Government should not control or interfere with any other organ of the Government in carrying out its functions. For example, judiciary should not be independent of executive.

III. One organ of the Government should not exercise the functions dispensed to any other organ. For example, ministers cannot be the part of law making body.

Separation of powers means delegation of powers for certain specified functions of the government. All the powers of the government have been conceived as falling within one or another of given three modules-

(1) The enactment of creation of laws

(2) The interpretation of the laws made

(3) The enforcement of those laws

Namely, legislative, judicial and executive. Government has been reckoned to be made up of tripartite structure having for their functions and such classification is known as classical division.

IMPORTANCE

As it is a very generally accepted fact that whenever a huge amount of power is given in the hand of any administering authority there are higher probabilities of corruption, maladministration and misuse of power. This doctrine aids in preventing the abuse of power.  This doctrine shields the individual from the arbitrary rule. The government is the violator and also safeguards individual liberty.

Basically, the importance can be summarized in the following points:

  • Terminating the authoritarianism, it safeguards the liberty of an individual.
  • It not only protects the liberty of the individual but also preserves the efficiency of the administration.
  • Focus on the requirement of independence of the judiciary
  • Prevent the legislature from enacting an arbitrary rule.

THE TRIPARTITE STRUCTURE

Model is divided into three branches of state. All have separate powers and responsibilities but are inter dependent on each other. Let’s know about these branches in brief.

Legislature:

It is the law making body of the country.

It is the basis for the functioning of the other two organs, the executive and the judiciary.

It is also sometimes accorded the first place among the three organs because until and unless laws are enacted, there can be no implementation and application of laws.

Executive:

The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.

It is the administrative head of the government.

Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.

Judiciary:

The judiciary is that branch of the government that interprets law, settles disputes and administers justice to all citizens.

The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.

It comprises of the Supreme Court, the High Courts, District and other subordinate courts.

INDIAN CONSTITUTION AND SEPARATION OF POWERS

The doctrine of separation of powers is not accorded a constitutional status. Apart from the Directive principles laid down in Article 50 which enjoins separation of judiciary from the executive, the constitutional scheme does not embody any formalistic and dogmatic division of powers. In India we have parliamentary form of government where executive is very important part of legislature. We don’t follow this doctrine with rigidity but then the essential functions have been sufficiently differentiated and it is an assumption that one organ of the state will not perform the functions of another organ of the state. Every organ of the state has to perform the essential functions, i.e. the legislature must legislate, the executive must execute and the judiciary must adjudicate.

CONCLUSION

There is no clear difference between executive and legislative forms of government: the legislation that is enacted must always be enforced and executed, and a great deal of executive intervention involves new legislation. Although, judiciary is an independent body.

As such, division can be said to be an artificial division. This is borne out by the fact that there is presently no constitutional system with a comprehensive separation of powers where there is a distribution of the three functions between three independent bodies without overlapping or cross-coordination.

[1]Aristotle- Politics- BOOK 4- Part XIV

AYURVEDA :THE ANCIENT INDIAN ART

In olden days man lived very close to nature and whenever he got in disposed he cured himself by the resources and materials provided by nature, which is nothing but the herbs. The vast field of Ayurvedic science is gaining more importance and popularity across the globe because of its amazing therapeutic values. Ayurveda is a 5,000-year-old system of medicine with historical roots of natural healing in the Indian subcontinent. Ayurveda is a science of life (Ayur = life, Veda = science or knowledge). Globalized and modernized practices derived from Ayurveda traditions are a type of alternative medicine. Approximately 90% of ayurvedic preparations are plant-based.

Ayurvedic medicines prepared from the herbs are said to have no side effects. Herbs play a major role in Ayurvedic system. Herbs possess infinite potencies or Saktis and work wonders. A small herb dissolves stones in the bladder, kidneys and gall-bladder in a minute or the twinkling of an eye.

 Ayurveda is a perfect science of life and consists of a body of most remarkable knowledge on the internal mechanism of human health and longevity, on medicinal herbs and therapeutic roots, on the efficacious treatment of human ills by eradicating from the human system the very sources of their causation. The Ayurvedic science which works based on the herbs promises wonders to mankind when taken in a wise and prudent manner.

An Ayurvedic herb is a plant source which is used in the preparation of ayurvedic medicines. The plant on the whole with its leaves, flowers, fruits, seeds, roots, roots bark, and resin has medicinal values apart from its flavour and fragrance. It acts as a perfect mechanism in bringing a balanced harmony between the mind and spirit. When compared to other synthetic drugs ayurvedic herbal medicines do not cause any side effects. It works effectively fighting against various infections and diseases and thereby gaining quick recovery.

Right from very olden days it is believed that Ayurvedic herbs are supposed to give a solution for all kinds of diseases which was even considered impossible by other field of medical science. The sages in olden days were mainly involved in experimenting the different kinds of herbs and then the preparation of ayurvedic medicine from them. Study of each herb indepth, along with its effects of the doshas is to be considered for designing the Ayurvedic herb formulas. Each herb with its own characteristic features is thus used for specific diseases and its treatment.

Spitting in India: A public nuisance

Smoking/spitting tobacco is also a major public health hazard which contributes to the spreading of communicable diseases like Tuberculosis, Swine Flu, Avian Flu and Pireumonia disease. There are new laws that can come into force as a bane to many Pan Masala lovers. The national directive on lockdown conditions issued by the Home Ministry on Wednesday, April 15 states that the violators will be punished. It states that “Spitting in public spaces shall be punishable with a fine. There should be a strict ban on the sale of liquor, gutka, tobacco etc.”

RELEVANT PROVISIONS APPLICABLE

Following are the sections under the Indian Penal Code, 1860:-

  1. Section 268 : Public nuisance:- a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.
  2. Section 269:- Negligent act likely to spread infection of disease danger­ous to life:—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
  3. Section 278 :- Making atmosphere noxious to health:—Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

WHAT’S IN IT?

With a daily rise of novel coronavirus, the patients around the country and the State Governments are ensuring strict laws. On that note, Himachal Pradesh police have issued a law for people who spit in public will now be charged with attempt to murder. The Union Ministry has made public spitting an offence under the Disaster Management Act.

Medical professionals state that droplets expelled in the air by infected patients via coughing or sneezing are the common means of transmission of the virus. As such, spitting is more dangerous as it can carry the pathogen to a longer distance than even coughing or sneezing could. The reason for this measure that not only Himachal Pradesh but various states around the country are banning spitting because of its scientific reasons.

CONCLUSION:

The Brihanmumbai Municipal Corporation imposed ₹1000 fine on anyone caught spitting in public. So everyone, do be careful and refrain from spitting in public.  Other states including Bihar, Telangana, Haryana, and Assam, have banned smokeless tobacco products and public spitting. In states like Uttar Pradesh, pan masala products are banned to discourage spitting.

REFERENCES:

  1. https://indiankanoon.org/
  2. https://www.ijlmh.com/
  3. http://pbhealth.gov.in/

Environmental Law Principles adopted by India

 

The Indian courts have successfully adopted specific environmental law principles from international environmental law jurisprudence and have combined a liberal view towards ensuring social justice and the protection of human rights. These principles have been incorporated in the Indian environmental jurisprudence and play a key role in decisions of judges even when not explicitly mentioned in the concerned statute. The principles of Indian environmental law are resident in the judicial interpretation of laws and the Constitution, and encompass several internationally recognized principles, thereby providing some semblance of consistency between domestic and global environmental standards.

 

1. Precautionary Principle:

 

A new principle for guiding human activities, to prevent harm to the environment and to human health, has been emerging during the past 10 years. It is called the “principle of  precautionary action” or the “precautionary principle” in short. This principle is controversial and its definition varies in terms of viewpoint. Environmentalists and consumer advocacy organizations that demand bans and restrictions on industrial practices or products would want policy-makers to take no action unless they would do no harm. States and advocates of economic development argue that the lack of full certainty is not a justification for preventing an action that might be harmful.

 

In India, for the first time in Vellore Citizens Welfare Forum v. Union of India , the Supreme Court explicitly recognized the precautionary principle. as a principle of Indian environmental law. In S. Jagannath v Union of India (Shrimp Culture Case), the Supreme Court Bench headed by Justice Kuldip Singh required the authority to deal with the situation created by the shrimp industry and issued remedial directions consistent with the precautionary and polluter pays principles. In A.P. Pollution Control Board v Prof M.V. Nayudu, the Court drew out the development of the precautionary principle in clear terms.

 

In the Narmada Bachao Andolan v Union of India, the Court explained that:

When there is a state of uncertainty due to the lack of data or material about the extent of damage or pollution likely to be caused, then, in order to maintain the ecology balance, the burden of proof that the said balance will be maintained must necessarily be on the industry or the unit which is likely to cause pollution.. Refusing to apply the “precautionary principle” used in cases dealing with inherently polluting activities such as heavy industries, the Court accepted the contention of the respondents that the project would have a positive impact by arresting the ecological degradation presently taking place in the drought-prone areas of Gujarat and Rajasthan, leading to sustainable agriculture and spread of green cover. The generation of hydropower would avoid the air pollution that would otherwise take place by thermal generation.

 

The movement towards adopting the precautionary principle has definitely widened the scope of corporate accountability, but the interpretation taken by the court mitigates the relevance and incorporation of this principle in Indian Jurisprudence.

 

2. The .Polluter Pays. Principle:

 

The Supreme Court with the introduction of the principle of absolute liability in M.C Mehta v Union of India calculates environmental damages not on the basis of a claim put forward by either party, but through an examination of the situation by the Court, keeping in mind factors such as the deterrent nature of the award. . This rule has been endorsed in Indian Council for Enviro-Legal action v Union of India and Vellore Citizens welfare Forum v Union of India. However, the Supreme Court held recently that the power under Article 32 to award damages, or even exemplary damages to compensate environmental harm, would not extend to the levy of a pollution fine.

 

3. Sustainable Development and Inter-generational Equity:

 

In Narmada Bachao Andolan v. Union of India43 it was observed that: Sustainable

development means what type or extent of development can take place, which can be sustained by nature/ecology with or without mitigation.. Earlier in the Vellore Citizens Welfare forum v Union of India , the traditional concept that development and ecology were opposed to each other was rejected and sustainable development was adopted. In the Taj Trapezium case this principle was accepted and again it was said that development of industry is essential for the economy of the country but at the same time the environment and ecosystem has to be protected.

 

In State of Himachal Pradesh v. Ganesh Wood Products, the Supreme Court invalidated forest-based industry, recognizing the principle of inter-generational equity as being central to the conservation of forest resources and sustainable development. In the CRZNotification case 46 the courts carried forward the concern for sustainable development by expressing its concern at the adverse ecological effects, which will have to be borne by future generations.

4. Public Trust Doctrine:

 

The  Public  Trust  Doctrine,  evolved in M.C. Mehta  v.  Kamal Nath,  states  that  certain common  properties  such  as  rivers,  forests,  seashores  and  the  air  were  held  by  Government  in  Trusteeship  for  the  free  and  unimpeded  use  of  the  general public. Granting lease to a motel located at the bank of the River Beas  would interfere with the natural flow of the water and that the State Government had  breached  the  public  trust  doctrine. The Supreme Court enunciated Professor

Joseph Saxs doctrine of public trust in this case to further justify and perhaps extract state initiative to conserve natural resources, held that the state, as a trustee of all natural resources, was under a legal duty to protect them; and that the resources were meant for public use and could not be transferred to private ownership. This doctrine was further reiterated in M.I Builders Pvt Ltd v Radhey Shyam Sahu.

Are we ready to debate On Caste-Based Reservation ?

On March 29, 2016, Haryana Assembly unanimously passed a Bill to provide reservation to Jats and five other communities in government jobs and educational institutions. The decision comes just ahead of the April 3 deadline set by the community which had launched a violent agitation in February. The issue of Jat reservation, however, is far from settled as a day after the Haryana Assembly passed the Bill, a petition has been filed before the Punjab and Haryana high court challenging its constitutionality. In the past, courts have struck down Jat demand for inclusion in the other backward classes (OBC) in Haryana.

Competitive demand for OBC status

A series of violent agitations in recent months in different parts of India by various communities to secure quotas in government jobs and educational institutions has rekindled the debate on social justice and ways to push inclusive growth among backward classes. The Jats, an economically and politically influential agrarian caste predominantly spread in Haryana, Western Uttar Pradesh, and Rajasthan, are not alone to demand inclusion in the Other Backward Classes (OBC) category. They are competing with Patels in Gujarat and Kapus in Uttar Pradesh to grab their share in backward caste pie. Like Jats, both Patels and Kapus wield significant political influence and are relatively well-off in their states. In fact, Patels are the most dominant trading community in Gujarat. But, the growing competition for inclusion as backward caste among India’s financially better-off communities highlights that the caste-based reservation policy may have outlived its utility to secure social justice.

Constitution envisaged quotas as a temporary measure

Our founding fathers envisaged reservations for SC and ST as a temporary solution to provide social justice to marginalized sections of populations. The policy was originally intended to last just a decade, but the successive governments not only kept extending it, but also expanded the definition of backward classes and their criterion for political reasons. Theoretically, at least half of the Indian population is in reservation pool, which has contributed to the ongoing fierce race to be recognized as more socially backward. From a few hundred the number of castes entitled to the benefits of reservation has gone up to more than thousand since independence. No caste group has ever been delisted from the backward category. Our policymakers have not been able to create and implement a quantifiable method to assess the advancement of several communities.

Quotas are for social empowerment, not just economic advancement

Nevertheless, the strongest case or reason for continuation of caste-based reservation comes from equality of opportunity for marginalized and underprivileged sections of the Indian society. The system creates a level-playing field for disadvantageous groups which faced most cruel forms of discrimination at the hands of upper castes. More than economic advancement, the idea behind caste-based reservation is social empowerment and advancement. But, those opposed to reservation argue that allocation of quotas in itself is a form of discrimination for the present generation in reverse form. Two wrongs do not make a right.

Reservation pie is getting smaller

They also point to the fact that as communities compete for share in the reservation pie, the pie itself is becoming increasingly smaller. The Supreme Court has set a 50% cap on quotas, exceeding this is illegal. A lack of defined benchmarking of backwardness puts poor classes at disadvantageous position against upwardly mobile classes within a caste. In other words, the system is perpetuating a new form of inequality within castes. The policymakers recognize this and are busy creating sub-categories such as the Most Backward Classes (MBCs) to accommodate their demand.

The supporters of reservation also point to the seeming success of the policy in broadening hiring base in the government sector and access to educational institutions. Now, more people from disadvantaged castes and groups are entering the elite government administrative posts and educational institutions, which is a social revolution in a country where a person’s birth status determined his tradecraft and economic status within the society. But, those opposed to reservation argue that instead of eradication of caste system, the policy has perpetuated the notion of caste as a separate identity which continues to undermine the efforts of more than six decades of nation-building. On top of it, the system has proved detrimental to meritocracy while becoming a tool to meet narrow political ends.

Case for reservation for economically weaker sections

A growing tribe of sociologists, therefore, question the monopoly of caste as a benchmark identifier to target communities for achieving social and economic advancement. They support a comprehensive targeted action plan which takes into account multiple and diverse factors that create exclusion and poverty such as caste, economic conditions, gender, education, religion. In fact, the relative success of MNREGA in job creation and boosting rural income has opened the scope for adopting a new approach in achieving more inclusive economic growth for communities across India’s social spectrum.

The results of economic welfare programs such as MNREGA would be more quantifiable compared to caste-based reservation, which, in turn, will help the government to take corrective steps. These schemes will make economic deprivation as the main factor to target communities for affirmative action and let government focus on more radical reforms aimed at job creation, GDP growth and skill enhancement. With an expanding private sector and more people looking for growth opportunities outside the government sector, a refreshed approach to affirmative action policy would help end discrimination, both social and economic.

Proud to be an Indian – Mera Bharat Mahan

Since its independence from the British on August 15, 1947, India has come a long way in terms of economic, cultural and political developments. Although we still have a long journey ahead, it is remarkable how a country with over 1.3 billion people, the second most populous country and the largest democracy in the world, has become one of the fastest growing economies. The land on we stand today has given birth to world renowned leaders such as Mahatma Gandhi, Swami Vivekananda, Maulana Abdul Kalam Azad, Lal Bahadur Shastri and Netaji Subhash Chandra Bose to name a few.     

Every country has its moments of pride and periods of downfall. Indian leaders have been known for their willpower, commitment and foresight. Mahatma Gandhi, our founding father, fought for the independence of our nation, and on August 15, 2018, we ought to pay our respects to him for bestowing upon us a land that is rich in culture. It is impossible not to be dazzled by India; nowhere on Earth can one find a potpourri and creative burst of cultures, religions, races and languages. In fact, India has 22 official languages and 447 living languages. India has given a lot to the world – the number zero, the decimal system, algebra, trigonometry, calculus, Sanskrit (the mother of all languages), Ayurveda, chess, and many more. Albert Einstein once said, “We owe a lot to the Indians, who taught us how to count, without which no scientific discovery could have been made.” Even foreigners applaud the greatness of our nation. So, it is time to put our differences and national problems aside and focus on growth and development. 

After making significant contributions to the world, we became complacent. After gaining independence, we took a back seat instead of continuing our pursuit for success. It is time to face our challenges head on and tackle problems like poverty, climate changes, corruption, scams and other discriminations. From November 2017, the World Bank started reporting poverty rates for all countries using two new international poverty lines: a “lower middle-income” line set at $3.20 per day and an “upper middle-income” line set at $5.50 per day. These are in addition to the earlier poverty line of $1.90 per day. India falls in the lower middle-income category. Using the $3.20 per day poverty line, the percentage of the population living in poverty in India (2011) was 60%. This means that 763 million people in India were living below this poverty line in 2011.The government has come up with various programmes and initiatives such as the Rural Landless Employment Guarantee Programme, National Rural Employment Programmes, and Jawahar Rojgar Yojna to reduce illiteracy and high population growth rate, and increase work opportunities.    

Although the government comes up with initiatives, many programmes have not reached the peak of success because of rampant corruption that is present in the government sector. For programmes to be successful, funds need to be channeled in the right direction and the progress of such initiatives should be monitored. Currently, there is no organisation or group of individuals that is overseeing these programmes to ensure that the benefits are reaching the masses. Countries around the world have progressed greatly because they have left their narrow mindsets behind. For India to progress, we should eradicate gender discrimination. Gone are the days when women would sit at home and take care of household matters. Today, women and men are on equal footing. Just like the developed countries in the world, we should eradicate laws that discriminate women. In 1901, the ratio was 972 women for every 1,000 men in India. In 2011, the ratio dropped to 933 women for every 1,000 men.   

There are a number of programmes and initiatives undertaken by non-governmental organisations and government bodies to enhance the education level of females in the country. We also need government bodies to keep a lookout for any forms of discrimination. Rape and violence on women should be dealt with seriously too. Despite all the shortcomings of our nation, there are a number of feats that our society has achieved, for which we should be proud of. The leading achievement of India is its strong and abiding democracy. Many countries, after gaining independence, slipped into authoritarian rule. India is one of the few countries to uphold democracy and democratic values in every aspect of life. In India, anyone can become a prime minister or a president, regardless of his/her religion. In fact, despite being a Hindu majority country, India has given opportunities to people of other faiths, and Sikhs, Muslims and Christians have served in some of the highest positions in the government over the years. India has also coped with many adversities such as the wars against Pakistan and China, starvation, and natural disasters. Over the past 20 years, India has shifted its status from a food importer to a food exporter.  

India, a country that was once plagued with droughts, now produces fresh water for its people. Instead of sending bright students abroad for further studies, India retains the bright talent and promotes high quality education in some of the best universities in the country, including the IIMs and IITs. In fact, India has one of the largest bases of professionals in the world in the areas of Science, IT and Medicine. These are some of the things that we should be proud of as an Indian. Every country has its shortcomings; so does India. Just because there are some negative aspects to the Indian society does not mean that we ignore and forget the positive aspects of life here. There is a saying that “Grass is always greener on the other side.” From afar, developed countries such as the US, the UK, Germany and Japan may seem the ideal countries to live in, devoid of any problem that India faces. But can these countries provide a rich culture, a caring community and a vibrant society that India has been showering upon its citizens for centuries ? The answer is ‘no’.   

So, instead of harping on the shortcomings, let us celebrate India’s achievements this Independence Day. Let us come together, forget our differences and stand together as Indians and salute our nation for all the blessings it has bestowed upon us – Mera Bharat Mahan.

Machine learning: How to learn

Let’s assume that computers can learn something new without explicitly programmed or without any human interference. Isn’t this sound interesting? So, let’s talk about how this could be possible. This is where the concept of machine learning comes into the frame.

It is the application of Artificial Intelligence(AI) which gives computers the ability to learn itself by data stored, observations made, and examples. The computer gets the idea of how to react by using this data. Machine learning aims to make computers more self-dependent so that they can learn themselves.

Now what you have to learn to make your computer smart enough to learn itself.so, the top 10 languages for machine learning are

  • Python
  • c++
  • Java
  • Java Script
  • C#
  • R
  • Julia
  • Go
  • TypeScript
  • Scala

ML is a growing area of AI and there are a lot of languages which support the ML libraries and frameworks, but still, python is one of the most chosen and learned language for ML followed by C++, Java, and others.

This is all about which language you should use or prefer to learn for this purpose. Now if you are a beginner then one of the most important questions is how to learn this concept? You don’t have to pay a large sum of money for this, it’s is not mandatory that you have to have a good and prior knowledge of any above-mentioned programming language. You can simply learn them anytime so if you are a fresher and an enthusiast of learning ML, let’s begin.

First of all, don’t confuse this with data science, AI, predictive analysis, etc. although many concepts may overlap they are not the same.

And trust me guys the self-starter way of learning this is doing this. The companies don’t care about the proofs all they want to know how you can turn their data into gold. So instead of spending a lot of time in textbooks and theory and ultimately get frustrated and start considering this a very hard to learn the topic. Start switching between theory and practical, make projects, do experiments. You will surely have more fun and have something good for presenting on your portfolio.

In a nutshell, the self-starter way is better, practical, and faster.

The four steps to learn machine learning are:

  • Prerequisites -Build a foundation of statistics, programming, and a bit of math.
  • Sponge mode-Immerse yourself in the essential theory behind ML.
  • Targeted Practice-Use ML packages to practice the 9 essential topics.
  • ML projects-Dive deeper into interesting domains with larger projects.

You should definitely forge these aspects to start your learning journey but here it is just a brief way of how to learn and from where so I have not encompassed these topics as a whole here but once you start exploring you would surely get to know about them.

Now being a beginner it’s very easy to distract from your goals and you might think to drop the idea to learn in this lockdown so the tip which I would like to share is to nip the idea of giving up in the bud and be keen as mustard to explore this.

Please learn to walk before you run. Try to get focused on the core concepts first so don’t get fascinated by the advanced concepts. The advanced topics will get much easier to learn once you master the core ones.

Seek different perspectives. The way a statistician explains an algorithm will be different from the way a computer scientist explains it. Seek different explanations of the same topic.

And the most important try to alternate between practice and theory. And Don’t believe the hype. Machine learning is not what the movies portray as artificial intelligence. It’s a powerful tool, but you should approach problems with rationality and an open mind. ML should just be one tool in your arsenal!

Here is a rundown of some resources from where you can learn ML:

  • CS50’s Introduction to Artificial Intelligence with Python.
  • Python programming tutorials by Socratica.
  • Google’s machine learning crash course. 
  • ML and Big Data Analytics course. 
  • Machine learning course from Stanford.
  • Elements of AI. 
  • Machine learning with Python

So, all the best for your learning journey guys. Hope you guys enjoyed it!

Independence Day 2020: Govt Schemes generating employment for youth

Narendra Modi government has laid emphasis in the skilling of youth and employment generation. The Scheme like Start-up India, Skill India, Digital India, Make in India and Khelo India were brought in the past five years by the government with a view to empower the youth, as empowered youth leads to empowered nation. Talking exclusively to AIR News, Skill Development Minister Dr Mahendra Nath Pandey said, under the skill India mission government is provident employment as well as opportunity of self employment to the youth of the country.
 
AIR Correspondent reports that even during the freedom struggle, the nation’s Youth had played a big role, under the leadership of Mahatma Gandhi. Nation is celebrating the 78th anniversary of the Quit India Movement, which was an important milestone in the Indian freedom struggle.

Serum Institute enters into partnership to accelerate manufacture, delivery of Covid19 vaccines for India

Serum Institute of India has entered into a new landmark partnership with Gavi and the Bill & Melinda Gates Foundation to accelerate the production of up to 100 million doses of COVID-19 vaccines for India and other low and middle income countries. In a statement, World largest vaccine manufacturer Serum Institute of India said, it is important to make sure that the most remote and poorest countries of the world have access to affordable cure and preventive measures to contain the Covid-19 pandemic.
 
It said, through this association, the company will ramp up the efforts to save the lives of millions of people from this dreadful disease. AIR correspondent reports that in the new arrangement, Serum Institute of India will get the funding from the Gates foundation through international vaccine alliance GAVI. The funding will provide support to vaccine maker for potential vaccines candidate from AstraZeneca and Novavax.
 
Company has set an affordable ceiling price of 3 dollar per dose. Earlier, Serum Institute of India had bagged a contract with British drugmaker AstraZeneca to supply one billion doses of Oxford University’s potential COVID-19 vaccine. Recently, American Company Novavax has entered a supply and license agreement with the Serum Institute of India for the development and commercialisation of its COVID-19 vaccine candidate.

Health Secretary holds high level virtual meeting with state administration on COVID-19 mortality

A high level virtual meeting was chaired by Health Secretary Rajesh Bhushan to engage with the district and State administration reporting higher COVID 19 mortality. The meeting was held to analyse factors driving high COVID-19 mortality in these districts and devise ways and means to reduce the mortality. These include 16 districts in Gujarat, Karnataka, Tamil Nadu and Telengana.
 
Apart from the higher case mortality, these districts account for 17 per cent of India’s active cases, high daily new cases, low tests per million, and high confirmation percentage. The districts were advised to ensure that the advisories, guidelines and clinical treatment protocols issued by the Health Ministry are adopted and effectively implemented to reduce the mortality among COVID-19 patients.

Today is 78th anniversary of Quit India movement

Today is the 78th anniversary of Quit India movement. On this day in 1942, father of the nation Mahatma Gandhi gave the clarion call of Do or Die to all Indians to drive away Britishers from the country.

The movement had begun from Gawalia Tank in Mumbai. The day is observed as August Kranti Day every year.