Police Encounters

Encounter killings is a term used to describe alleged extrajudicial killings by the police or the armed forces, supposedly in self defense, when they encounter suspected gangsters or terrorists. In India, the term became popular in the late 20thcentury because of a very high frequency of encounter killings by police in cities such as Mumbai, Chennai, and Kolkata. The Mumbai police used encounters to attack the city’s underworld, and the practice spread to other large cities. However, there is always a speculation behind the police motivation of these reported incidents, and further complain that the wide acceptance of the practice has led to incidents of police staging fake encounters to cover up the killings of suspects when they are either in custody or are unarmed.

After the encounter of Vikas Dubey and the 4 people accused by the Telengana police in the Hyderabad rape and murder case, questions have been raised over the legality and appropriateness of the police action leading to the debate that ‘whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measure of retributive justice to bring instant and speedy justice to the victims.

On such extra judicial killings, the National Human Rights Commission and the Supreme Court have laid down proper guidelines and procedures that must be followed in order to prevent any abuse of the power by the law enforcement agencies. In its landmark judgment, the Supreme Court had warned the policemen that they would not be excused for committing murder in the name of encounter on the pretext that they were carrying out the orders of their superior officers.

Article 21 of the Indian constitution states that no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law. This means that before depriving a person of their right to life, the person must be informed about the charges against them and must be given the opportunity to defend themselves. However, fake encounters step aside these legal procedures as it essentially means killing a person without a trial.

The police force has the right to injure or kill the criminal for the sole purpose of self defense but nothing must be done to settle personal feuds or with mala fide motives. NHRC guidelines in 2010 highlight that if the use of force cannot be justified and the death falls outside the jurisdiction of the above mentioned reasons, it is a crime and police officer would be guilty of culpable homicide.

Suicidal Tendency

Suicide is the act of taking one’s own life. It is said to be the third leading cause of death for the people in India. Suicidal behavior refers to talking about things elated to ending one’s life and suicidal thoughts refer to taking actions related to it. They are different from the actual action of suicide and does not include in the final act of suicide. It is a tragic reaction to stressful life situations as taking life of ourselves is an irreversible action.

The youth of the world is at a greater risk of suicide because the present times are of competition and everyone feels the need to succeed by outshining others. The teenagers think that it necessary to fit in their social groups for which they take actions that were not actually necessary and end up either being blackmailed or blackmailing others. Also due to the education system, there is a lot of pressure on the students and many of them are not able to cope up with it and think of suicide as the only option of escaping. Sometimes people also face financial crunch or go through a broken relationship which causes them overwhelming stress with which they are not able to cope up and take drastic actions.

In the time of the lockdown, many of the families faced financial problems as businesses were shut and many people faced unemployment. Also people were not able to cope up with the sudden change in their lives as they were not able to go out and meet others. Many were left with the feeling of loneliness and helplessness and many had the fear of contacting the virus. All these reasons also amounted in the increase in the suicide rates. Also there are many instances of celebrities committing suicide as they were in depression, which also tells us that a large amount of name and fame does not always make a person happy.

Preventing suicides is easy and we can help ourselves as well as others if they are suffering from it. If we feel a person’s behavior is suicidal, we can always ask them if they are thinking about suicide, keeping the person safe by removing things which can be used as a means to commit to suicide, having regular follow ups even after the tendency of suicide is over and it can always resurface, and the most important way is to always listen to the person without any judgment or biasness as being there for a person is enough to make them feel comfortable.

Promissory estoppel as a substitute to the consideration

The doctrine of consideration and promissory estoppel is a term used in contract law that deals with the bargaining condition of the contract.

The Doctrine of Promissory Estoppel

The doctrine of promissory estoppel is an equitable doctrine. It is a principal evolved by equity to avoid injustice to the parties. The true principal of promissory estoppel is where one party has by his worlds on conduct made to the offer a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go upon it is necessary for the application of the doctrine that one party has his position in reliance of the promise.in other words, promissory estoppel is a unilateral promise from one side and intended to induce some action by the other party. The promisee is note bound to act, for his gives no promisor to his promise. His act is at the same time an acceptance of and a consideration for the same. To attract the application of this doctrine, the following ingredient must be satisfied:

1)         That there was a promise in regard to something to be done in future.

2)         That the promise was intended to affect the legal relationship of the parties and to be acted upon accordingly.

3)         That it is one on which the other side has, in fact acted to its prejudice. 

The case of Hughes v. Metropolitan Railway[1] is known as a part of the origin of the doctrine. In the case the property owner gave his tenant the option of repairing the property in six months or face forfeiture. Under the lease, the owner, could make the tenant. Metropolitan Railway, do repairs on the building, so the tenant had six months to complete the repairs. Before the six months had transpired, the tenant proposed to the owner to buy the property. There were negotiations for the purchase of the property, but it wasn’t settled. After the six months expired, the owner sued the tenant for breach of contract and attempted to evict the tenant. The tenant had completed the agreed upon repairs past the six-month deadline. The owner was successful in suing the tenant, however, the appellate court overruled the decision. It was originally believed that the plaintiffs were trying to take advantage of the defendants by negotiating with them and then stalling, causing the six months to expire and then suing them. But that wasn’t true. They sued them because the six months had expired.

The ruling was that through their dealings, both parties made it inequitable to count the time of the negotiations as a part of the six months. The defendants relied on this promise, and therefore, it would be unfair to make them liable in this case. The implied promise is enough to allow estoppel to apply.

The Doctrine of Consideration

Consideration is defined under section. 2(d) of Indian Contract Act, 1872. The doctrine of consideration is defined as an act, or promise, of the price in which the other party is bought, and the entire agreements is then enforceable. The doctrine of consideration is important in all contracts, as it refers simply to an agreement that is legally enforceable.

However, it is important to note that there have been significant modifications to the pre-existing doctrine of consideration.

 In the case of Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd[2] the court held in a unanimous decision that Dunlop could not claim for damages in the circumstances. The court found that firstly, only a party to a contract can claim upon it. Secondly, Dunlop had not given any consideration to Selfridge and therefore there could be no binding contract between the parties. Lastly, Dunlop was not listed as an agent within the contract and could therefore not be included as a valid third-party who had rights to claim on the contract.

Promissory estoppel as a substitute to the consideration

The doctrine of promissory estoppel is an alternative to the doctrine of consideration. It refers to a contract that cannot be withdrawn because one party acted on the other parties’ promise. In most cases, one party was harmed or served injustice because of the broken promise that they relied on. The promissory estoppel acts as a legal shield against the other’s claim, even though they did not give any consideration.

The doctrine of promissory estoppel is the exception to the contract consideration rule. It implies that a contracted promise is enforceable by law even without any consideration present. It is important, however, to understand that the promissory estoppel can only be used as a legal defense and not to initiate a legal claim.

Promissory estoppel is an important doctrine in contract law in which a non-contractual promise lacking consideration rendered enforceable to avoid an injustice. Promissory estoppel arises when injustice can be avoided only by means of the enforcement of a promise that would otherwise be unenforceable for lack of consideration. It is usually applied in cases in which a party has relied on another party’s promise, and that party’s nonbinding promise will be enforced because to do otherwise would be unfair. Promissory estoppel is commonly used in the context of charitable donations. In some jurisdictions the charity must have reliance on the promise but in others reliance is not necessary.


[1] UKHL 1977 AC 439

[2] UKHL 1915 AC 847

The Cold War

Cold war is a state of tension between two big powers. It is used to describe the period which emerged after the Second World War. When the Second World War ended, both the United States of America and the Union of Soviet Socialist Republic were clearly the masters of the world. The main cause of this tension was the difference in the opinion of these superpowers as the US was in the favor of Capitalism and the USSR was in the favor of Socialism. The hostility continued for the next 45 years. It is not an actual or direct war but is a diplomatic war fought with potent weapons like formation military alliances, spying, propaganda, and economic and military alliances.

The US was of the ideology that all industries, business and agriculture should be owned by private people or firms. Competition between rival factories or shops or firms will cause the prices to fall and will make them more efficient. The USSR on the other hand believed that everything belongs to the state and should be run by the government on behalf of the people. A classless society can be achieved by overthrowing capitalism by revolution.

Another cause for the cold war was that both the nations wanted domination over the world as both the nations were considered to be super powers. They also wanted control over the entire Germany as it was divided into two parts on the basis of ideology they followed. This war between the superpowers influenced the foreign policies, political institutions, and economic systems in almost every corner of the world.

Each side thought that the other one was trying to rule the world and neither of them would give up and it was feared that another war would erupt. This time it could have been a nuclear war. as both the nations were well equipped in ammunition, and it would destroy the whole planet. The countries began to form alliances to protect themselves. This led to the formation of NATO and Warsaw Pact.

North Atlantic Treaty Organization (NATO) was established by a treaty in 1949 which established a system of collective defense whereby it member states agree to mutual defense in response to an attack by any external party. Its original members were – United States, United Kingdom, Canada, France, Denmark, Italy, Norway, Portugal, Belgium, Netherlands, and Luxembourg. Later Greece and West Germany also joined.

The Warsaw Pact was the socialist response to NATO and was signed on May 1, 1955 in Warsaw Poland. Military treaty, which bound its signatories to come to the aid of the others, should any one of them be the victim of foreign aggression. Its original members were – Albania, Bulgaria, Hungary, East Germany, Poland, Romania, the USSR, and the Czechoslovak Republic.

 The cold war ended in 1990 when the soviet was defeated from Afghanistan and the Soviet Union was divided into different countries. 

The Black and White Photo Challenge

Social media is a helpful tool to raise awareness about various social issues that happen all around the world. One such awareness campaign that is going all over the instagram is the Black and White photo challenge, where the person who is challenged has to put a black and white photo of them on the social media platform with the hash tags #blackandwhitephotochallenge and #challenge accepted. More than 53,00,000 people have participated in this challenge and posted their photos. Women, including the celebrities, are posting their pictures as a sign of women empowerment.

The challenge is said have began in Turkey where there was a sudden spike in gender based violence, along with nearly 474 murders of women in a society that has already normalized honor killings and domestic violence; not just at the hands of partners or husbands but also from the male members of the family.

In an article is was said that, ‘what is now a light hearted expression of female solidarity was originally, in Turkey, a campaign inspired by both the soaring rates of violence against women and the brutal murder of a 27 year old student named Pinar Gultekin. Turkish women wake up every day and see a black and white photo of women who has been murdered, either on their instagram feed or their newspapers or television. This challenge was thus started as a way for women to raise their voices and to stand in solidarity with the women we have lost.

The Turkish government has failed its women, so they need to take this matter in their own hands to create awareness. In 2011, the Istanbul convention on preventing and combating violence against women and domestic violence was signed by a number of European countries however, the Turkish government is now backing out of this. Thus we need to back the power and use our voices or whatever small or big privilege we have and effectively use the challenge to raise our voices to create awareness about gender based violence.

Emotion Recognition

Have you ever thought of any sort of interaction with any machine through emotion recognition? Yes, this is the area of the science which many want to uncover but still not able to encompass. With the constant advancement of Automated Emotion Evaluation(AEE), the emotion recognition technologies are trying to establish itself in the market. As we have a lot of advance technologies with us to make everything so easier and are still keen as mustard for more. This technology will definitely prove a boon for all of us.

Emotion recognition is a technique used in software that helps a computer to “sense” emotions on a human face through advanced image processing. Companies have been experimenting with integrating advanced algorithms with image processing techniques that have evolved in the last ten years to learn more about what the picture or video of a person’s face tells us about how he / she feels, and not only that, but also the possibility of mixed emotions a face may have.

AEE still influence a lot of great fields which are constantly developing like robotics, entertainment, education, and marketing.

  • in entertainment industries: to propose the most appropriate entertainment for the target audience
  • in education: used for improving learning processes, knowledge transfer, and perception methodologies
  • in marketing: to create specialized adverts, based on the emotional state of the potential customer
  • in robotics: to design smart collaborative or service robots which can interact with humans 

The literature presented in science attempts to classify the emotions, feelings, and set boundaries between emotions, mood, and their affects. According to the classifications done the definitions of some terms are:

  • “emotion” is a response of the organism to a particular stimulus (person, situation or event). Usually it is an intense, short duration experience and the person is typically well aware of it;
  • “affect” is a result of the effect caused by emotion and includes their dynamic interaction;
  • “feeling” is always experienced in relation to a particular object of which the person is aware; its duration depends on the length of time that the representation of the object remains active in the person’s mind;
  • “mood” tends to be subtler, longer lasting, less intensive, more in the background, but it can affect affective state of a person to positive or negative direction

The thesis also analyzes the concept of humanizing the Internet of Things and affective computing systems that have been validated by the systems developed by the authors of this analysis.Intelligent computers with human compassion are likely to make the planet a better place. The IoT sector is certainly moving ahead in recognizing human emotions thanks to advances in human emotion recognition (sensors and methods), computer vision, voice recognition, deep learning, and related technologies.

According to Stefan Winkler, CEO and Co-Founder of Opsis, the approach of his business is unique in that it provides fine-grained calculations in two dimensions: valence (positive vs. negative emotions) and anticipation (energy vs. passive expressions). This allows the machine to consider more emotions than the seven main ones – optimistic, sad, pleased, shocked, frightened, frustrated, and disgusted – in competing solutions.

Winkler noted that the understanding of feelings would only improve and improve the approval of consumers. “There have been several studies, such as Markets and Markets, that forecast that the Emotion Detection and Recognition Market will rise from US$ 6.72 billion in 2016 to US$ 36.07 billion by 2021, at a compound annual growth rate ( CAGR) of 39.9% between 2016 and 2021. Any recent high-profile acquisitions demonstrate the tremendous scope and increasing need for approaches for emotional identification. With all this high-profile takeover, A.I. is revealing. It’s set to grow, and these technologies are very much sorted out, “he said. “Our customers have been very receptive to this new avenue of recognition and understanding of the emotions of our customers.

Our clients, such as SP / SI, have shown interest in integrating feelings for a successful strategy and visualizing how consumers respond to their marketing strategies. OEM / SDK vendors are involved in integrating smart nation programs into their security approach. They expect that emotional awareness has a great potential to be incorporated in IoTs and Smart Nation for monitoring, wearable and end-sensing tools.

Covid-19

The vaccine race for covid-19 is going hotter in this days,as per latest reports Russia is planning to launch its vaccine on 12 th August 2020,it’s going to available in the market from October

Oxford university vaccine has already began its phase 2 and 3 in India with serum institute,this vaccine is planning to launch in October

According to sources,the vaccine will be available from October,and will reach to every citizen by 2021,around 150 countries are in the vaccine race