TERRITORIAL SEA

INTRODUCTION

Sea is a large body of water that is surrounded by the land. It is an important a part of human trade and commerce, voyage, mineral processing, power generation and is additionally considered as an important source of blue economy nowadays. International law of the ocean may be a law of maritime space that peacefully settles the worldwide disputes on maritime boundary between or among the States and defines various jurisdictions of the maritime zones also because the rights and obligations of the coastal States in these zones, especially with reference to the conservation of marine environment and biodiversity.

Territorial sea is that part of the sea which is adjoining to the coastal State and which is adjacent to the high seas on its outer boundary. The Coastal State exercises its supremacy over this area as it exercises over its domestic waters. The sovereignty expands to the airspace over the territorial sea as well as its bed and sub-soil. This sovereignty accumulates to a State under the customary international law which no State can rebut.

Law of the Sea

The law of the ocean may be a body of customs, treaties, and global agreements; by which governments maintain order, productivity, and amicable relations on the ocean. It involves subjects such as navigational rights, sea mineral claims, and coastal waters jurisdiction.

Body of international law concerned with civic order at sea. Much of this law is codified within the United Nations Convention on the Law of the ocean, signed Dec. 10, 1982. The convention, described as a “constitution for the oceans,” represents an endeavor to systemize international law regarding territorial waters, sea-lanes and ocean resources. It came into authority in 1994 after it had been approved by the required 60 countries; by the early 21st century the convention had been approved by 150+ countries.

UN Convention of the Law of the Sea

Maritime zones are a principal component of present law of the sea. The first effort to publish and codify a comprehensive law of the sea was in the 1950s, shortly after the Truman proclamation on the continental shelf. In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) in Geneva, Switzerland, outcome of which was four treaties concluded in 1958: Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964 Convention on the ocean floor, entry into force: 10 June 1964 Convention on the High Seas, entry into force: 30 September 1962 Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966

The Convention on the ocean floor effectively codified Truman’s proclamation as customary law of nations. While UNCLOS I was widely considered a triumph, it left unwrap the concern of the extent of territorial waters. In 1960, the UN held a second Conference on the Law of the Sea (“UNCLOS II”), but this did not result in any new agreements. The pressing issue of varying claims of territorial waters was elevated at the UN in 1967 by Malta, prompting in 1973 a third United Nations Conference on the Law of the Sea in New York City. In an effort to scale back the likelihood of groups of nation-states dominating the negotiations, the conference used a consensus process instead of majority vote. With quite 160 nations participating, the conference lasted until 1982, leading to the UN Convention of the Law of the ocean, also referred to as the Law of the Sea Treaty, which defines the rights and responsibilities of nations in their use of the world’s ocean.

Territorial Sea

Maritime Belt or territorial waters is that belt of the sea which is adjacent to the costal state and over which costal state exercises the sovereignty. The territorial sea (also called territorial waters) may be a maritime area beyond and adjacent to the interior waters, and shall not extend beyond twelve nautical miles (‘nm’) from the baselines. In the territorial sea the coastal State exercises sovereignty extending to the air space over the territorial sea also on its bed and subsoil.^[1]

However, the sovereignty over this zone has to be exercised subject to the provisions of the conventions and ‘to other rules of international law’ which provides several rights to other States, particularly right of ‘innocent passage’ within the body of water of the State. The territorial sea extends to a limit of 12 nautical miles from the baseline of a coastal State. Within this zone, the coastal State exercises full sovereignty over the air space above the sea and over the seabed and subsoil. A coastal State may enact on matters concerning the security of navigation, the preservation of the environment, and the prevention, reduction, and control of pollution without any compulsion to make these rules compliant with international benchmark. Resource use within the territorial sea is strictly reserved to the coastal State.

Territorial sea, as defined by the 1982 United Nations Convention on the Law of the ocean^[2] , may be a belt of coastal waters extending at the most 12 nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea is taken into account the sovereign territory of the state, although foreign ships (military and civilian) are allowed innocent passage through it, or transit passage for straits; this sovereignty also extends to the airspace over and seabed below. Adjustment of those boundaries is named, in law of nations, maritime delimitation.

A state’s territorial sea extends up to 12 nautical miles (22.2 km; 13.8 mi) from its baseline. If this is often ready to overlap with another state’s territorial sea, the border is taken because the median point between the states’ baselines, unless the states in question agree otherwise. A state also can prefer to claim a smaller territorial sea.

Problem of Breadth of Territorial Waters

The breadth of the territorial sea has remained a tricky issue, and up to 18th century the opinion was that breadth of territorial sea extends to the range of a ‘cannon-shot’ which at that time was three nautical miles. The three-mile rule which is popularly known as ‘cannon-shot’ rule was promulgated by the Dutch jurist, Bynkershock. He had a hypothesis that a State’s sovereignty broaden to the sea as far as a canon or fire could reach.

In order to fix breadth of the maritime belt, first important attempt was made by the league of the Nations. The Hague Conference of 1930 made an unsuccessful attempt to obtain consensus of the nations on a specific breadth of territorial sea. Since, International Law could not fix definite breadth of maritime belt, different countries claimed different breadths. In order to resolve this problem, Geneva Conference on the Law of the sea was called but the controversy could not be resolved. For the same purpose another conference, known as UN Convention on the Law of the Sea was called in 1960. In this conference, America presented a compromise formula which provided that the breadth of territorial waters should be 6 miles and beyond these 6 miles rights for fishing etc. for another 6 miles. The proposal was defeated by majority of a single vote.

Before the 1982, Sea Convention was concluded; States announced varying breadth of the territorial sea, ranging from 3 to 12 miles, though in certain cases they had state publicly wider areas comparatively, in few cases up to 200 nautical miles. But at the UNCLOS-III, claims broader than 12 miles did not find favour and the 12 miles rule was accepted by the Conference, which may be considered the present customary international law position.

The U.N. Convention of 1982 under Article 3 adopts the twelve-mile limit as a breadth of the territorial sea. It provides that every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles measured from baselines determined in accordance with the Convention. Two methods have been laid down for measuring the breadth of the territorial sea:

The low-water line 2. The straight baseline.

The normal method used is the low-water line as marked on large-scale charts officially recognized by coastal State.

The method of straight baseline was expressed by the Anglo Norwegian Fisheries case, which had a decisive effect on the baseline issue.

Innocent Passage

Under the 1982, the sovereignty of a coastal State over its territorial water has a vital limitation that is the right of innocent passage enjoyed by ships (merchant ships, governmental ships and warships) of all States, whether coastal or landlocked, over the territorial sea of the coastal State. Passage means navigation through the territorial sea for the purpose of passing through that sea with no entering into internal waters or calling at a roadstead or port facility outside internal waters. Passage must be continuous and efficient; however, it may include stopping and anchoring in so far as they are incidental to ordinary navigation or are rendered necessary by inevitable accident or anguish or for the purpose of rendering assistance to persons, ships or aircraft in danger or trouble. Passage must take place in conformity with the 1982 Convention and with other rules of International Law.

Passage must be innocent; it is innocent so long as it is not detrimental to the peace, order or security of the coastal State. The coastal States has the right to make laws to regulate the territorial waters. It can implement laws and regulations governing innocent passage, and to prevent passage which is not innocent. Foreign ships in the innocent passage are required to comply with all such laws and regulations, framed by the coastal State, and other common international regulations for the prevention of collisions at sea.

The 1982 Conventions provides that the coastal State must not hamper the innocent passage of foreign ships through its territorial seas except in accordance with the Convention. The Coastal State, within the application of the Convention or of any laws or regulations adopted in conformity with it, must not impose requirements aiming at denying or impairing the right of innocent passage, or discriminate on form or actually against the ships of any State or against ships carrying cargoes to, from or on behalf of any State. It must give appropriate publicity to any danger to navigation, of which it’s knowledge, within its territorial sea. It must not levy any charges upon foreign ships by reason only of their passage through its territorial sea; charges could also be levied as payment just for specific services rendered to the ship.^[3]

The coastal State is under an obligation not to exercise its criminal jurisdiction on foreign ship elapsing through its territorial sea, except in the cases precise by the Convention. It is also under an obligation not to exercise civil jurisdiction in relation to a foreign ship or a person on its board, except in the cases specified by the Convention. Remarkably, the warships and other government ships operated for non-commercial purposes are exempted from any jurisdiction; however the coastal State, during a case of failure of any of those ships from obeying with its laws and regulations, may order it to leave its territorial Sea immediately.

The right of innocent passage is additionally enjoyed by submarines and other underwater vehicles. However, it is required that they pilot on the surface and show their flag.

Rights of the Coastal State over the Territorial Sea[4]

As the 1982 Convention provides, the sovereignty of the coastal State extends to its territorial sea as well as to the air-space over its territorial sea, its bed and subsoil. In this regard the coastal State enjoys the following:

(1) The exclusive right to fish, and to exploit the resources of the seabed and subsoil of its territorial sea.

(2) The exclusive right in the air-space over its territorial sea to the exclusion of other States. Foreign aircrafts, unlike ships, have no right of innocent fly in the air-space over the territorial sea of a State.

(3) The right to enact laws and regulations, in conformity with the 1982 Convention and other rules of International Law, particularly in respect of navigation, health, customs, immigration and preservation of the environment.

(4) The right to take the necessary steps in its territorial Sea to prevent passage which is not innocent.

(5) The exercise of criminal jurisdiction on board of a foreign ship (arresting any person or conducting any investigation in connection with any crime committed on board of the foreign ship) in the following cases: if the consequences of the crime extend to it; if the crime is of a kind to disturb the peace of the country or the good order of its territorial sea; if the assistance of the local authorities has been requested; if the measures are necessary for the suppression of illicit traffic in narcotic drugs; or after leaving its internal water.

(6) The exercise of civil jurisdiction in relation to a foreign ship (levy execution against or arrest the ship for the purpose of any civil proceedings) in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through its waters, or in respect of any civil proceedings against a foreign ship after leaving its internal waters.

[1] Art. 2 UN Convention on the Law of the Sea; Arts 1–2, Geneva Convention on the Territorial Sea and the Contiguous Zone

[2]UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, retrieved 27 April 2016.

[3]https://sites.google.com/site/walidabdulrahim/home/my-studies-in-english/12-the-law-of-the-sea

[4] The 1982 Convention on the Law of the Sea, Article 2, 21, 22, 25-28.

Independence Day

Independence Day is annually celebrated on 15 August, as a national holiday in Indiacommemorating the nation’s independencefrom the United Kingdom on 15 August 1947, the day when the provisions of the Indian Independence Act 1947, as passed by the United Kingdom Parliament, which transferred legislative sovereignty to the Indian Constituent Assembly came into effect. India retained King George VI as head of state until its transition to full republican and Constitution of India 1950 replaced the dominion prefix, Dominion of India with the enactment of the sovereign law Constitution of India. India attained independence following the Independence Movement noted for largely non-violent resistance and civil disobedience.

Election Commission of India

The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India at national, state and district level. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils, and the offices of the President and Vice President of the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. The commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election. Being a constitutional authority, Election Commission is amongst the few institutions which function with both autonomy and freedom, along with the country’s higher judiciary, the Union Public Service Commission and the Comptroller and Auditor General of India.

Functions

One of the most important features of the democratic policy in India is elections at regular intervals. Holding periodic, free and fair elections are essentials of a democratic system and a part of the basic structure of the Constitution. The Election Commission is regarded as the guardian of elections in the country. In every election, it issues a Model Code of Conduct for political parties and candidates to conduct elections in a free and fair manner. The commission issued the Code of Conduct for the first time in 1971 for the 5th Lok Sabha elections and has revised it from time to time. It lays down guidelines for the conduct of political parties and candidates during an election period. However, there have been instances of violation of the code by various political parties with complaints being received for misuse of official machinery by the candidates. The code does not have any specific statutory basis but only a persuasive effect. It contains the rules of electoral morality. However, this lack of statutory backing does not prevent the commission from enforcing it.

A law for the registration process for political parties was enacted in 1989 and a number of parties got registered with the commission. The registration helps avoid confusion and ensures that the political parties are brought under the purview of the commission.

The election commission has the right to allow symbols to the political parties. It gives recognition to the national parties, state parties and regional parties. It sets limits on poll expenses. The commission prepare electoral rolls and update the voter’s list from time to time. Notifications of dates and schedules of election for filing nominations are issued by the commission. It is noteworthy that Election commission cannot allot same symbol to two regional political parties even if they are not in the same state.

The commission is empowered with prohibiting dissemination or publication of voting trends that seek to influence voters by opinion polls or exit polls.

To curb the growing influence of money during elections, the Election Commission has made many suggestions and changes in this regard. The commission has appointed IRS officers of the Income Tax Department as Election Observers (Expenditure) of all elections and has fixed the legal limits on the amount of money which a candidate can spend during election campaigns. These limits have been revised over time. The Election Commission, by appointing expenditure observers from the Indian Revenue Service, keeps an eye on the individual account of election expenditure. The commission takes details of the candidate’s assets on affidavit at the time of submitting nomination paper, who are also required to give details of their expenditure within 30 days of the declaration of results. The campaign period has also been reduced by the commission from 21 to 14 days for Lok Sabha and Assembly elections to cut down election expenditure.

In an attempt to descriminalise politics, the Election Commission has approached the Supreme Court to put a lifetime ban on convicted politicians from contesting elections.

The general election in India, the world’s largest democracy, will take place in nine phases between April 7 and May 12. The general election is a celebration of democracy, no doubt, but it is also a huge challenge for the Election Commission, which is responsible for the smooth operation of the general election. Conducting general election in a country with over 800 million eligible voters is a nightmare and proper planning has to be carried out to ensure that there are no security breaches and that people vote in a safe and secure environment.

Security is a huge challenge for the Election Commission, especially in areas that have a significant presence of Maoist rebels. In the previous elections, Maoist rebels have opposed the elections and tried to sabotage them as well, and it will not come as a surprise if they try to do it this time around. Therefore, the Election Commission is making a list of groups that may oppose the elections and it is coming up with elaborate plans to handle them while maintaining peace in the region.

The Election Commission, apart from overseeing the general election, is tasked with keeping an eye on speeches made in the country that could disturb the peace and weaken the social fabric of the Indian society. In addition, it is required to monitor the expenditure of the various parties in India and maintain religious harmony in every state. This year, Non-Resident Indians (NRIs) will also be able to cast their votes in view of the amendment of The Representation of the People Bill in 2010. Close to 12,000 NRIs have registered as voters and they will be exercising their voting rights for the very first time. With the advancement of technology, Indians living miles away from their homeland are able to stay up to date with the current affairs and developments in the Indian political scene.

With news spreading like wild fire on social networking sites and other new media platforms, people have begun to take an interest in affairs of the nation. As such, they are involved in political and economic issues like never before. This is not just applicable to NRIs but also to people living in India. This is the first time in India’s history that people are showing enthusiasm and interest in the polls. As such, with greater participation from Indians at home and abroad, the Election Commission is expected to be more vigilant of the conduct of the people on the voting day and ensure that people abide by the rules as stated in the Constitution.

New parties have emerged on the political front in India and they are all fighting for diverse issues. The Congress, which has been in power for the last 10 years, is fighting to defend its political record and to protect the secular fabric of the nation. The Bharatiya Janata Party (BJP) is fighting for a change in the centre and is trying to convince the people of India that it can do a better job than the Congress. Regional parties are on the rise and a new party that has joined the bandwagon is the Aam Aadmi Party, which claims to represent the common man and is keen to address the problems of the common man.

With so many parties fighting for attention and votes, it is inevitable that there will be clashes between the parties and the people. So, the Election Commission has to ensure that the parties adhere to the Constitution and the rules it has put forth with regard to rallies. Mr . Veeravalli Sundaram Sampath CEC (Chief Election Commissioner of India) has a huge task at hand and with more parties joining the political scene and more voters in the picture, its job essentially gets harder. Maintaining peace in the region is crucial and it is difficult to predict when chaos will erupt. So, the Election Commission has to take proactive measures to ensure that the general election conforms to the Indian Constitution and proceeds in a smooth manner.

RATAN TATA : REAL SON OF GOD

Ratan Naval Tata

One of the most well-known and respected industrialists in India, Ratan Naval Tata is the Chairman of Tata Sons and Tata Group. At the age of 73, Tata heads one of the country’s largest conglomerates which comprise nearly 100 firms with revenues totaling about USD 67 billion. He is also the chairman of major Tata companies such as Tata Steel, Tata Motors, Tata Teleservices. Power, Tata Consultancy Services, Tata Tea, Tata Chemicals, and The Indian Hotels Company.
Tata was born on December 28, 1937 in Mumbai, in one of the richest families. His great grandfather was Jamsedji Tata, founder of the Tata group. As a young boy, Tata had a disturbed childhood after his parents split. He was raised by his grandmother, Lady Navajbai in the lap of luxury at Tata Palace. America held a special fascination for the Tata scion and he went to Cornell University to study architecture and structural engineering. Later he pursued a management course from Harvard University.

In 1962, he joined the Tata Group and his first job involved working with the Tata Steel division in Jamshedpur, where he worked with the blue-collar employees shoveling stone and working with the furnaces. He was appointed the Director-in-Charge of the National Radio & Electronics Company Limited (Nelco) in 1971 and was successful in turning Nelco around.

Tata later paved his way to become the Chairman of Tata Industries and was instrumental in ushering in a wide array of reforms. It was under his stewardship that Tata Consultancy Services went public and Tata Motors was listed in the New York Stock Exchange giving it more international power and recognition. He is credited with leading the Tatas’ successful bid for Corus- an Anglo-Dutch steel and aluminum producer as well as Jaguar and Land Rover brands from the Ford Company.

During his tenure the company witnessed the launch of india’s first truly Indian car, ‘Indica’. The car was the brainchild of Tata. In 2000 Tata’s food division acquired tea firm Tetley for GBP 70 million. In the year 2009-10 the group’s revenues have grown nearly 12-fold, totalling USD 67.4 billion. Tata also serves on the boards of Fiat SpA and Alcoa and is also on the international advisory boards of Mitsubishi Corporation, the American International Group, JP Morgan Chase, Rolls Royce, Temasek Holdings and the Monetary Authority of Singapore.

In year 2000, he was honored with Padma Bhushan by the government of India. He was also conferred an honorary doctorate in business administration by Ohio State University, an honorary doctorate in technology by the Asian Institute of Technology, Bangkok, and an honorary doctorate in science by the University of Warwick. Tata has a personal fortune of GBP 300 million and owns less than 1% of the colossal group. Over two thirds of Tata Group is owned by charitable trusts that finance good causes.

Tata set a perfect example of generosity and leadership during the 26/11 attacks. Unarmed he stood all alone outside the Taj hotel and supervised the activities to help the victims. He showcased his humane gesture by personally visiting the families of all the 80 employees who were killed or injured. He left no stone unturned to provide relief to the victims and even asked the families and dependents as to what they wanted him to do.

His retirement may still be a year away, but Tata has started chalking out plans on his post-retirement. He plans to set up a design centre of international standards and scale. He has led development of many innovative designs and products, the most celebrated being Nano. The idea of Nano was born with his concern for the safety of nuclear families commuting on two-wheelers. He was the one who suggested that the miniature car should be fitted with just one windscreen wiper. This reduced its price and maintenance cost.

Rising prices of essential commodities in India

In India, inflation or price rise is not just an economic concept but they are also a political tool, often used by the opposition parties to launch attack on the ruling government. But in case of price rise of essential commodities, price rise is more political than economic factor. Very often, there is uproar in Parliament as political parties jostle to grab as much mileage as possible from the government’s apparent failure to curb inflation, as they try to sidle up to the aam aadmi who has been worst hit by skyrocketing prices. It is because the people of lower strata are most severely affected by the rising prices, and if the price rise is in essential commodities, damage is more severe.

Commodities classified as essential under the Essential Commodities Act 1955 includes cattle fodder, oil-cakes and other concentrates, coal, including coke and other derivatives, component parts and accessories of automobiles, cotton and woolen textiles, few drugs, foodstuffs, including edible oil-seeds and oils, iron and steel, including manufactured products of iron and steel; paper, including newsprint, paperboard -and straw board; petroleum and petroleum products; raw cotton, food crops etc.

In the last five years, the prices of eight essential commodities have gone up by nearly 72 percent and on the contrary the per capita income have gone up by 38 percent of average Indian in metros, according to the latest study undertaken by apex chamber ASSOCHAM.

While prices of condiments & spices, eggs, fish and meat, milk, pulses witnessed a sharp increase, ranging between 158.07 percent, 78.88 percent, 74.12 percent and 73.69 percent respectively, other essentials like coffee, tea, wheat and fruits and vegetables saw upward moment in the range of 70.75 percent, 66.89 percent, 63.25 percent and 59.31 percent respectively during the corresponding period. 

Demand as well as supply, both factors are responsible for rise in prices of essential commodities. Apart from increasing population which itself is a major cause of rising demand, changing food habits are also giving push to demand pull inflation. Growing demand for pizzas is one big example where large quantities of cheese and butter are used. The price of milk and milk-based products in India is set to surge on the back of a variety of natural and human factors, including a shortage during monsoon months. Prices will be further impacted by the upcoming festival season which sees a spike in consumption of milk-based products, especially sweets.

On the supply side, unfavorable weather conditions also resulted in the short supply of commodities and consequently pushed their prices up. Lack of warehousing facilities, cold storages also results in the post harvest losses which are estimated to the tune of one-third of the total produce. An abnormally high percentage of fruits and vegetables goes wasted because of lack of cold-storage facilities. Thus post harvest losses also contribute to the short supply of food crops.

The sharp increase in prices of wheat and rice will have an inflationary impact on essential commodities as open market prices of both commodities were ruling slightly higher than the above the poverty line prices. Many essential commodities like petroleum products, pulses, fertilizers are either imported or are produced with imported intermediate goods. Price of such commodities depends on the international prices and as over all global prices of these commodities is increasing, pressure on domestic prices is bound to happen. Even in the case of export based goods produced in the country, if international prices of such commodities are soaring, there is an upward pressure on domestic prices as well because the producers will tend to sell these products in foreign markets where they are likely to fetch better prices. It may also create an scarcity in domestic market.

Moreover, market is also dominated by manipulators, fixers, fly by operators, corporate gamblers. Many allege that prime reason behind the rising essential commodities is that we created a commodity exchange like Multi Commodity Exchange (MCX) and other like commodity exchanges where market can be manipulate within hours according to one’s own wish. Moreover, it has nothing to do with our production, distribution, monsoon and other factors; still it effects the commodity prices. The argument is true to some extent but, such exchanges have their own benefits too.

The inflation can be controlled to the large extent if the government gives full freedom for farmers to sell their agricultural produce anywhere in India without any restriction and ensure free movement without taxing the same. All the agricultural produce is controlled by market forces which include arhatiyas, hoarders, black marketers and other rich and traditional traders. The prices of goods are decided by these individuals. They create the artificial shortage and price rise. The farmers cannot sell their agriculture produce directly due to different reasons. The real farmers are getting 1/3rd of the price. Rest of the profit is swallowed by the middleman and traders only.

Thus, the price rise is caused by several factors like hording, population explosion, low productivity, natural calamities, wars, backwardness of communication, evil motives of dishonest businessmen, smuggling, black marketing etc. Many suggest deregulation of prices of essential commodities as market forces are supposed to efficiently allocate the resources. However, it is also necessary to provide affordable prices to the vulnerable sections of the society. But indeed, comprehensive reforms, development of agriculture infrastructure, elimination of hoarders and black marketers etc is necessary to eliminate the artificial scarcity plaguing the economy.

HAPPINESS- how dependant it is on external factors:

Happiness, that’s a choice. A choice, and it comes from within, not from outside.

It is absolutely true that happiness is not dependent on external factors. In the opposite, our happiness rests solely in ourselves, on our inner influences.

Money cannot buy you happiness.

external factors which are big house, car, lucrative career, immense wealth, property, expensive electronic items, lavish furniture and last but not least excess financial status may make your day, and make you smile, but if you are not happy, or are sad in the first place, they will not make you happy!

Happiness is celebrating the small essence of life.

Happiness is more about life and being happy for all the blessings we have. The greatest aspect is that we are satisfied for small stuff that we do, people do, or what we have. Real joy is throwing it away.

A little smile, a little charity, a donation of food, essential items for the needy, and sometimes even in this difficult time giving financial assistance to the poor, is enough to make one happy.

When this contagious disease spreads, people lose their lives, it points out that being alive is happiness itself. Life can not be bought. Being able to live, thank God for all that He gives us, praying, meditating are all our true sources of joy.Being inside, practicing meditation and relaxation exercises, planting, watering seeds, reading a novel, blogging, watching Ramayana and Marabharat with your children, all of these really give you the feeling of doing something imaginative and inventive. The very essence of knowing that you can change something or do something for society is happiness.

If we look around us, when we are all in our houses, we enjoy a lot of stuff. Being around loved ones, not heading away, listening to music, snorting animals, calm waters of rivers, a nice feeling, a glimpse of the range, no noisy sound of horns or cars, is a gift in disguise.We are now giving space to our relationships, enjoying, believing in the power of social distancing, maintaining hand hygiene, controlling the infections of the entire environment and of ourselves.

We did a lot of new things a few days back in our country due to PM. All of this has instilled in us all a feeling of cohesion and solidarity.If it’s ringing bells, clapping or even lighting diyas, candles or utilizing smartphone flashlights, it’s all too simple but at the same time too pleasant. All age groups could be seen doing these little activities at the prescribed date and time. It is a joyful task for some people to sleep peacefully or play with pets.

If wealth is lost ,nothing is lost

If health is lost, something is lost

If character is lost then everything is lost

Happiness can never be tied to outside factors. In our minds and souls, joy is everything. If we want to be positive, then we are satisfied and if we choose to feel unhappy over past things no one will support. In fact, our inner thoughts, our own motivation, decisions , actions and good deeds for our society, family, country, and other people make us happy.As long as we behave as humans with empathy, compassion towards others, understanding, change, no aspirations, and above all having inner confidence that all is good and will be better in the future, we are bound to be genuinely content, productive and ultimately safe.

SUPREME COURT REVIVES PUNISHMENT PUNISHMENT OF EX LT. COL. S.S BEDI

The Supreme Court has reestablished the discipline of the punishment of cashiering to Ex. Lt. Col. S. S. Bedi who was a Medical Specialist in the Indian Army Medical Corps found as liable of the charge of using criminal power against two ladies patients.

The Supreme Court held, “We restore the punishment of penalty by considering the indefensible conduct of the Appellant misusing a place of trust being a Doctor which isn’t condonable. Be that as it may, we direct the Respondents to consider the whole record of service of the Appellant and his propelled age while taking a decision to start procedures under the Army Pension Regulations.”

A three-judge Bench of Justice Nageswara Rao, Hemant Gupta and Ravindra Gupta was not convinced with the reasons given by the Tribunal for changing over the sentence from cashiering to imposition of fine of Rs.50,000 and directed revival of the punishment.

An appeal was documented by Ex. Lt. Col. S. S. Bedi tested the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi affirming request of his conviction by the General Court Martial.

The Tribunal had anyway changed over the sentence of cashiering from administration into a fine of Rs.50,000/ – The Union of India had documented an appeal oppressed by the modification of sentence from cashiering from administration to inconvenience of fine.

The Appellant Mr Bedi was commissioned in the Indian Army Medical Corps in 1966 and was posted at Base Hospital Lucknow as a Medical Specialist in 1984.

An objection was made by two ladies against him in 1986 that he behaved badly with them during test by touching their genitals. He was charged for carrying out a civil offense and using criminal power on two ladies with purpose to shock their modesty, as opposed to Section 354 of the Indian Penal Code, 1860 (IPC). The Appellant was held liable by the General Court Martial and was sentenced to be cashiered from service on fourteenth Jan 1987.

The conviction and sentence of the General Court Martial were tested by the Petitioner before the Delhi High Court in the year 2010 and was moved by the Delhi High Court to the Principal Bench of the Armed Forces Tribunal, New Delhi. The Tribunal maintained the conviction of the Appellant however changed over the punishment of cashiering to a fine of Rs.50,000/ – .

The Counsel for the appealing party Mr. Sridhar Potaraju, had submitted before the Supreme Court that the conviction of the Appellant is impractical as the proof on record was not appropriately valued by both the General Court Martial and the Tribunal.

Additional Solicitor General showing up for the Respondent reacted by contending that there was .plentiful proof on record highlighting the guilt of the Appellant which has been appropriately valued by the General Court Martial and the Tribunal.

He informed the Court that the Respondents are just worried about the conversion of the punishment of cashiering to a fine of Rs.50,000, which as indicated by at that point was unjustifiable. The Appellant had misbehaved with two patients and the expert proof additionally shows that there was no need of the Appellant touching the private pieces of the complainant.

The Apex Court concurred with the conclusion of the General Court Martial and the Tribunal that the Appellant is liable of the charge of using criminal power against two ladies patients and denied the dispute that the conviction was unreasonable.

CENTRE TRANSFERS SUSHANT’S DEATH CASE TO THE CBI

Adding another layer to the debate encompassing the demise of actor, Sushant Singh Rajput, the Center has now acknowledged the Bihar government’s proposal for a CBI probe into the case. This was informed to the Supreme Court by Solicitor General Tushar Mehta today.

The court was hearing Rhea Chakraborthy’s plea looking for transfer of a FIR documented against her by Sushant Singh Rajput’s father from Patna to Mumbai and a stay on the investigation by the Bihar police.

The request documented by Rhea expresses the FIR in Patna asserting abetment to suicide charges against her is only a demonstration of “conspiracy” between the State of Bihar and the father of the late Actor.

Justice Hrishikesh Roy stated: “Rajput was a skilled artist who died under unordinary conditions. In the event that there is culpability involved, it should be examined.”

He added: “Everybody has a sentiment about prominent cases, however we will continue as per law. Let the Maharashtra government react to what Solicitor General Tushar Mehta has submitted.

Senior Advocate Shyam Divan, showing up for Rhea, argued that a defensive request be passed for the petitioner. But, Senior Advocate Vikas Singh, showing up for the Rajput family, brought up criticisms and presented that no defensive request ought to be passed as it could prompt altering of proof.

Justice Roy was not satisfied with the isolating of the Bihar police in Maharashtra and stated: “The quarantining of the Bihar police doesn’t send a good message. The imprisonment ..does it send a good message? Particularly when the case has gathered so much media attention? State of Maharashtra needs to guarantee that everything is done in proper manner.”

The bench has allowed three days to all parties to gather the documents. State of Maharashtra has been asked to update on condition of the investigation by Mumbai police. Matter will be recorded one week from now.

MADRAS HIGH COURT STRIKES DOWN OBJECTION TO FEES FOR INSOLVENCY PROFESSIONALS

The Madras High Court has dismissed a writ appeal challenging the Regulation 7(2)(ca) of Insolvency and Bankruptcy Board of India (IBBI), which specifies the prerequisite that the Insolvency Professionals (IP) should pay an expense calculated at 0.25% of the professional charge earned for services delivered as an IP in the previous money related year.

The petitoner, CA. Venkata Siva Kumar, is a CA and has enrolled himself as an IP with the IBBI. He expressed in his writ appeal that the guidelines of the IBBI (Insolvency Professionals) Regulations, 2016 are violative of Articles 14, 19 and 21 of the Constitution and has the right to be struck down.

The principle dispute of the petitoner was that Section 196 of Insolvency and Bankruptcy Code, 2016 doesn’t give power to IBBI to demand expenses based on the yearly compensation or the yearly turnover of the IP or IPE and that an enrollment fee of Rs 10,000 is charged every five years after the declaration of registration is granted.

The division bench of Chief Justice A.P. Sahi and Justice Senthilkumar Ramamoorthy held that plainly Section 196(1)(c) and 207 of the IBC and the IP Regulations are expected to satisfy the object and purpose behind the IBC with respect to the working of the IBBI.

“The IBC contains adequate safeguards to guarantee that the Parliament viably administers all rules and principles with the ability to change or even invalidate the same,” the seat said.

“The IBBI offers noteworthy types of assistance, including connections to IPs, and that there is an expansive correlation between charges and administrations. Given the way that chief arithmetical connection as between the charge got and service delivered isn’t necessary particularly with regards to administrative expenses, we are of the view that Regulation 7(2)(ca) of the IP Regulations doesn’t suffer the ill effects of constitutional infirmity by virtue of the absence of quid pro quo,” the bench said.

SC WORKING ON RESTORING 4G INTERNET CONNECTION IN JAMMU AND KASHMIR

The Supreme Court today today asked General Tushar Mehta to ask for directions from the Centre on the chance of opening 4G internet services in certain parts of the Union Territory of Jammu and Kashmir.

Manoj Sinha has been named the new LG of Jammu and Kashmir after G C Murmu left the post.

Fast Internet service in J-K has been suspended since August 2019 when the Centre had revoked its special status and bifurcation of the state into two UTs – Ladakh and Jammu and Kashmir.

The top court said that with the new LG, nothing changes as the special panel is there to investigate the issue.

The top court was hearing a plea of the NGO looking for inception of contempt proceedings against the Union Home Secretary and Chief Secretary of J-K for their claimed “wilful defiance” in conforming to the court’s May 11 request.

At the beginning, Solicitor General Tushar Mehta, showing up for the J-K organization advised the bench that he needs to accept directions as the LG has changed there and new LG has assumed control over yesterday.

The bench said that with the difference in LG, nothing changes as the high powered panel is there to investigate the issue.

It said that the court can’t state what the circumstances are on the ground level yet the issue is that the matter should not be postponed.

The seat asked Mehta to take directions on whether 4G administrations can be reestablished in specific zones.

Mehta said that there is no goal to postpone the issue as the top court’s structure has been conformed to in letter and soul and he would take guidelines.

The bench, including Justices NV Ramana, BR Gavai and Subhash R Reddy, was hearing a content appeal recorded by Foundation of Media Professionals, looking for sure quick restoration of 4G in the UT of Jammu and Kashmir.

The contempt petition was recorded to bring the Court’s focus to the obstinate failiure of government authorities in complying with the order of the Supreme Court, in spite of 29 days having passed since the judgment was conveyed on May 11, 2020.

Advocate Huzefa Ahmadi, representing the applicants, presented that during the past hearing the SG had looked for time to go through the reply documented by the petitioners presenting that they have followed the court’s directions. However, they have not reacted at this point.

The bench, in any case, said that it was not saying anything at the moment, as the petitioners have depended on the statement of the Governor, however now the Governor has changed.

The bench additionally said that it will decide whether there is contempt or not after they get a reply from the centre.

On July 28, the Center and the J-K organization had told the top court that it will check the statements made by the Lt Governor of Jammu and Kashmir and BJP politician Ram Madhav that 4G Internet administration can be reestablished in the Union Territory, and asked for time to document an answer to the response oath recorded by a NGO.

MOVIE RECOMMENDATIONS – THE CELEBRATION AND BEING JOHN MALKOVICH

The Celebration (1998)

The Celebration (Festen) is directed by Thomas Vinterberg. In this movie a rich family comes together to celebrate the patriarch’s 60th birthday. On the dinner table where many people have gathered, while making a toast, the eldest son reveals a wrongdoing that his dad indulged in, his confession causes chaos. There are two kinds of reactions by the people at the party, either they pretend that they didnt hear anything or they try to shut him up.

This the first film of the Dogma 95 movement started by Thomas Vinterberg and Lars Von Trier. The manifesto of this movement was basically that films will be made on a low budget – they will be shot on location, a handheld camera will be used, no props will be allowed on set and no external audio would be added after the movie is done.

This film is really well written. At it’s core it shows how people use culture to deal with unpleasantness. It points fingers at some of the negative aspects of the Danish culture. I loved how this film portrays human dynamics. It shows how this guy who’s the victim of something heinous has to face a night of humiliation either because people dont believe him or because they want to live in denial. The film is shot on a handheld camera that makes the film look like a home video. And I think that’s perfect for the film, because it is set around a family gathering, so it makes it look real. There is also use of dark humour that I thought was very well done. The film is about an uncomfortable subject, so the humor adds some light.

The Celebration is a great example of minimalist filmmaking. Do check it out, it may make you uncomfotable at times but it’s all very well done.

Being John Malkovich (1999)

Being John Malkovich is directed by Spike Jonze and written by one of my favourite screenwritesr, Charlie Kaufman. John Cusack plays a down on his luck puppeteer. So he takes up a job. Once while working late at night he comes across a portal that can take you inside the head of actor, John Malkovich.

This is one of the most crazy concepts to have ever graced the big screen. This film is an example of surrealist cinema done right. All thanks to Charlie Kaufman’s masterpiece of a screenplay. Charlie Kaufman is known to subvert all the typical Hollywood tropes. His films dont even follow the traditional three act structure, he likes to experiment and finds the traditional structute boring. So all his films are extremely original.

This film is really meta, the dialogues are smart, the character arcs are extremely well done. The film shows a lot of stuff that I couldn’t even imagine being put on the screen. But Kaufman and Spike Jonze find a way. It has a lot of twists and turns from beginning to end and all of them surprised the hell out of me. There are also some statements on our existence that will make you think. I loved how weird the characters are, John Cusack is this pervert of a puppeteer, Cameron Diaz is unrecognizable as his wife. She plays this kinda nerdy woman who works at a pet store. When i saw this film for the first time, this film made me realiise how great of an actress Catherine Keener is. She is more or less the negative character in this couple’s lives. There is this very weird and unconventional love triangle between them which I dont want to spoil for you. John Malkovich is fantastic as himself and I’m really glad that he picked this weird and ballsy film.

In the end I’d just like to say that Being John Malkovich is one of the best films I’ve ever seen. It’s an extremely original and funny film that will keep you entertained and would surprise you at every turn.

FOREIGN MOVIE RECOMMENDATIONS – DAMNATION (HUNGARY) AND CLOSE UP (IRAN)

Damnation (Karhozat) (1987)

Damnation (Karhozat) (1987) is directed by the great Hungarian auteur Bela Tarr. It is set in an unnamed town in which a man named Karrer is in love with the local bar singer, but she’s married. They have an affair for a while but then she leaves him. Karrer is offered a smuggling job by the bartender of the same bar but he gives it to the singer’s husband to get him out of the way. But things dont go as he expects and he faces a few hurdles.

The film has minimal dialogues and it is full of Bela Tarr’s signature style of long takes of mundane things. For example, there is a three minutes long take just of our lead staring out of his room’s window. The film is shot in black and white and has this sad and bleak atmosphere. The cinematography and framing are impeccable. The film deliberately moves at a snail’s pace. The shots are slow and winding. In this film, the camera’s movements are more important than the plot. The film delivers the plot visually. One of my favourite scenes was one in which our lead characters are fighting, and the crying baby’s noise in the parallel room acts as the background score. I dug the upbeat classical music throughout. It showed how the hopeless inhabitants of this town try to find joy by dancing and partying.

This film is more about the mood and the atmosphere. It’s a film about nothing but I was absorbed. I felt like I was there in this rainy and muddy shithole of a town where everything was dark and gloomy. Showing the mundane lives of these people reminded me of the films of Michaelangelo Antonioni. The topics that our characters talk about are full of philiosophy and subtext, they are deep and powerful.

Damnation is a highly stylized film that is not for everyone. The film progresses at a snail’s pace. But I didnt mind it because I was hypnotised by what I saw. I loved how the plot of the movie is told visually and the way it shows this sad and dreary world. This film is more of a sensory experience that I had a blast with.

Close Up ( 1990)

In Abbas Kiarostami’s Close up (1990) a guy named Sabzian impersonates director Mohsen Makhmalbaf and convinces a rich family that he will take them in his next movie. He runs this ruse for a while but eventually his truth comes out and he is taken in by the authorities. The film revolves around his trial.

Close Up is based on a true story and the people involved in the real story are playing themselves, this is so unique! The film is a reenactment of the real events. It is shot like a documentary so it comes under the category of docufiction.

The way Kiarostami has captured human emotions and motivations of the character, is really beautiful. The convict is shown in an empathetic light and you are made to understand his motivations. You even side with him and just hope that the judge grants him a lighter sentence. He loves the arts and cinema and he relates to the suffering that director Makhmalbaf shows in his films. So he wants to make a film about his suffering.

There is also commentary on the class divide in Iran – how impersonating this director made people treat Sabzian respectfully, and that made his life worth living.

I loved how the film portrays humanity and society in general, and takes us to the depth of human nature. It also talks about compassion and forgiveness.

Close Up is often considered to be the best film to come out of Iran. It is a film about a film buff like us. This movie is so uniquely made that I’ve never seen anything like this.

A French soap opera is about to unfold

The world’s richest woman just died. If you didn’t know this, please stop focusing on the tweets and turn your attention to more weighty matters of the world.

Liliane Bettencourt passed away four days ago at the age of 94. She was the heiress to the founder of L’Oréal, the world’s largest cosmetic company; the only child of Eugène Schueller who founded L’Oréal in 1907. She herself worked in the company from the age of 15 and rose to become its deputy Chairperson.

The future of L’Oréal is now in play. And therein lies a story that could give a beating to any soap opera on television.

In 1974, fearing that France would nationalise the company, Bettencourt did a deal with Nestle wherein she offloaded about half her holding in exchange for shares in Nestle. Since then Nestle and Bettencourt have had one of the longest tangos in business history. Nestle, a food company, with no presence at all in cosmetics, had a 30% stake in the world’s largest cosmetics company (now down to 23%). But in an agreement with Bettencourt, Nestle remained a sleeping partner and promised not to acquire any more shares or to bid for Bettencourt’s own shares as long as she was alive. Presumably Nestle had thought that she would not live so long. But they kept their word and until now have not interfered at all in the business just pocketing the dividends and biding their time. So much so that very few outside the business world probably even know that Nestle is a major shareholder in L’Oréal.

In the meantime Bettencourt’s life over the last decade has been another soap opera all by itself. Sometime in 2007, at the ripe age of 84, she took a fancy to her photographer and started to bestow gifts to him worth over €1 billion. Her daughter filed a complaint with the police that her photographer was taking advantage of her weakened psychological stake to amass a personal fortune. She and her daughter had an extremely public spat with each accusing the other of having gone mad. The courts finally made Bettencourt’s grandson as her overseer and the fortune was vested with her daughter and her two grandsons. But everything was in a state of limbo as long as she was alive.

Cue the events in Nestle. Nestle , for long, has waited patiently to consummate what was really a delayed acquisition. Both the last two Chairmen of Nestle sit on the L’Oréal Board. They were probably waiting for the death of Bettencourt to acquire L’Oréal . But alas they now have an activist shareholder in Dan Loeb who has a fair stake in Nestle and is pushing it to do the opposite – sell the stake in L’Oréal and return the money to shareholders. So there is no saying what Nestle will ultimately do – acquire L’Oréal or divest !

There are other big fish circling. Given how cheap debt is , there are enough and more funds of various stripes, including probably the notorious 3G Capital and their close friend Warren Buffet, who are getting all excited. Also interested would be two giants in the cosmetics field – Unilever and Procter & Gamble, who have long eyed Nestle’s stake with envy and made noises about what a Foods company is doing with a stake in a Cosmetics company.

Complicating this will be nationalism, for after all L’Oréal is (very) French. Would Macron be willing to let a French institution fall into the hands of the ugly Americans ? If he interfered, the tweeter in chief would surely have something to say !!

And what will Françoise Bettencourt Meyers, Liliane’s daughter and the two grandchildren to whom the 30% stake in L’Oréal passes, do ? Would they act in concert. Or would they go their own ways ? Would they buy ? Or sell ?

Every investment banker is drooling and shivering with anticipation. It is fair to assume that no first class seats are available on all flights to and from Paris, London, New York and Lausanne !

Watch this space. The knives will be out on 18th March when the six months period after Bettencourt’s death ends and all agreements expire. Bettencourt’s life was colourful to say the least – marrying a Nazi sympathiser, losing money with Bernie Madoff, a strange affair with her photographer, being declared mentally incompetent, accused of giving cash stuffed envelopes to Nicolas Sarkozy, having numerous Swiss bank accounts …… But even by those standards, what will follow in the fight for L’Oréal will be, to put it mildly, interesting.

WHY THE GOVERNMENT WANTS YOU TO STOP WEARING N95 MASK

In today’s World, face masks have become an important part of our lives. Even though they cause immense discomfort, it has become A safety necessity. This necessity has led to several types of face Masks being available in the market- You get cheap face masks being made of fabric, you get fancy ones with valves in it And you even get funny ones with Smiley images printed on them. , And recently, the indian health ministry has Issued a warning that highlights what you should and should not do with your mask and one of the Is to stop sailing face masks with respirator As they might not be COVID-19 safe As we thought they might be. Rajiv Garg, DGHS, In a letter to all the states and union territories, States, “It is to bring to knowledge that the use of Respirator N95 masks Are detrimental to the For preventing the spread of As it does not prevent the virus from escaping out of the mask.”
“In view of the above I request you to instruct all concerned to follow the use of face/mouth cover and prevent inappropriate use of N95 masks”,he added.
As highlighted by TOI, the problem with N95 mask is the valve that comes fitted with them. N95 masks are essentially a type of PPE that is designed for health care workers as well as for workers at the construction site. The mask is made of material that filters air which is coming in. Most of these masks are fitted with a valve at front that enables better ventilation so it doesn’t feel exhausting to breathe . However, most masks that are circulating in the market only have a one-way valve. Which means, while it does filter the air coming from the outside, it isn’t preventing your breath, from staying in. The valve is acting like an unfiltered outlet to spread outside. The safest, which has been suggested by health ministry is home made masks – washing it in boiling water with salt for five minutes and drying it properly before use.

Robotics Process Automation

According to Chris Huff, chief strategy officer at Kofax- “RPA is software that automates rules-based actions performed on a computer.” It is an advanced technology where the machine records a specific task done by human and then perform the same task whenever required without any human intervention.

Every RPA system must include the three capabilities stated below:

Communicating with the other systems in either way screen scrapping or API integration.
Decision Making
Interface for bot programming.

One of the most amazing things about this is that it doesn’t need any prior coding knowledge, in fact neither this requires the development of code, nor it does require direct access to the code or database of any application. So, do not have to worry if you don’t know how to code or if in case you don’t like to code much, you can still learn this.

Robotic Process Automation (RPA) is the use of computer software ‘robots’ to perform routine, rule-based automated activities such as filling in the same information in various locations, downloading data, or copying and pasting.

RPA operates by collecting knowledge from current IT systems. There are several ways RPA software can work with the applications. One choice is to connect to databases and corporate network resources in the backend. Another is via front end or laptop interfaces, which have several types.

What is the safest way? It depends on the organization and the needs that the solution must tackle. With backend networking, automation can reach applications and resources under the power of a process automation server. This is most widely used for unattended automation, where the automated robots handle back-office functions such as reviewing insurance claims on a scale.

Types of RPA:

Attended Automation: This requires human intervention while performing any task assigned.
Unattended Automation: This tool doesn’t require any human intervention while performing any task they are designed to have decision-making capabilities.
Hybrid RPA: This has the combined capabilities of both attended and unattended Automation.

Now, are RPA and any desktop application the same? And the answer is no, and the difference will be identified with their decision-making capability. Some general functions of RPA include

Opening different applications like emails, moving files, etc.
Integration with the existing tools.
Collecting data from different web portals.
Processing data which includes calculations, data extraction, etc.

Tools for RPA:

Blue Prism
Uipath
Automation Anywhere
Pega
Contextor
Nice Items

Ten years is a long time to forecast and RPA is a fairly young and developing market. Yet RPA has certainly proved it’s worth and will continue to expand rapidly. With these development tools, RPA deployment is becoming more of an area for creators of mobile robots, not just for casual business users. The RPA career is considered to be very successful. Emerging students should comfortably predict a substantial share of job opportunities in the country. Pay packages for specialists with skill sets in this area are often comparatively higher compared to other fields.

Industries that use RPA:

BPO.
Finance & Banking.
Insurance.
Healthcare.
Telecom.
Manufacturing.
Public Sector.
Retail & CPG.

Resources to learn RPA:

UiPath Academy. No learning cost its free for everyone, Complete UiPath RPA Developer Course.
Udemy. Complete UiPath RPA Developer Course.
Edureka!
IntelliPaat.
EpsilonAI Academy.

Hope you guys enjoyed this. Happy learning!

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