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 20^thcentury 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

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 :

Committing or threatening to commit an act which is contrary to law with the intention of causing any person to enter into an agreement ;
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:-

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.
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.
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:

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.

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