Day: May 10, 2022

Writs and provisions

The Constitution of India. | Library of Congress

Judiciary is one of the most powerful organs of Indian democracy. It has got the power to uphold the provisions laid down by the constitutions. In order to facilitate this, there are several provisions and one such provision is writs.

A Writ means a command of the Court to another person or authority by which such person/authority has to act or abstain from acting in a certain way. Thus, writs are a very essential part of the judicial power of the Courts.

In India, the supreme court and high courts can issue several writs according to the provisions of article 32 and article 226 accordingly. Further, the parliament can empower any other court to issue these writs. So far, no such provisions have been made.

The writs are borrowed from English law where they are known as ‘prerogative writs. They are so called in England as they were issued in the exercise of the prerogative of the king who has and is still, described as the ‘fountain of justice’.

Some Writs mentioned in the constitution are:

Habeas corpus

It is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of latter before it. The court then examines the legality and cause of the detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.

Mandamus

It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

Prohibition

Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies and private individuals or bodies.

Certiorari

In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative. It is not available against administrative authorities, legislative bodies and private individuals or bodies

Quo warranto

In literal sense it means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office by a person. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Writs and provisions

The Constitution of India. | Library of Congress

Judiciary is one of the most powerful organs of Indian democracy. It has got the power to uphold the provisions laid down by the constitutions. In order to facilitate this, there are several provisions and one such provision is writs.

A Writ means a command of the Court to another person or authority by which such person/authority has to act or abstain from acting in a certain way. Thus, writs are a very essential part of the judicial power of the Courts.

In India, the supreme court and high courts can issue several writs according to the provisions of article 32 and article 226 accordingly. Further, the parliament can empower any other court to issue these writs. So far, no such provisions have been made.

The writs are borrowed from English law where they are known as ‘prerogative writs. They are so called in England as they were issued in the exercise of the prerogative of the king who has and is still, described as the ‘fountain of justice’.

Some Writs mentioned in the constitution are:

Habeas corpus

It is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of latter before it. The court then examines the legality and cause of the detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.

Mandamus

It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

Prohibition

Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies and private individuals or bodies.

Certiorari

In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative. It is not available against administrative authorities, legislative bodies and private individuals or bodies

Quo warranto

In literal sense it means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office by a person. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.

How Mental Health Counseling help Gender Based Violence Survivor

Source: Alignable

Gender-based violence enormously impacts the mental health of a person. In this case, mental health counseling has a significant role to determine support to gender based violence survivors. Post-violence survivors possibly suffer with depression, anxiety and post traumatic stress disorder. Accurate role of mental healthcare prevents the increasing number of GBV; to reduce negative thoughts. Countries having Gender Based violence prevention based on rigid public health models that do not carry mental health components, though GBV must require concepts, competencies and standards of mental health to interdict the GBV. Inequality of gender, gender stereotypes & prejudice, difference of femininity and masculinity capabilities,  Upbringing in patriarchal society or mindset aggression, male ego are several elements increasing insensitivity and hideousness and intricate to control the GBV.

Source: Forbes Health

1) Mental health professionals well aware of how to help and support the survivors,  what are their emotional & psychological requirements in case of physical,verbal, sexual violences, anxiety and depression mental health professional (MHP) capable to encounter accordingly.

2) Counseling is a faithful forum where anyone can be vulnerable, survivors can find it easy to open up & release themselves emotionally in front of mental health Counselors. MHP can maintain solidarity to survivors, value their experience, understand their needs, ensure faith of confidentiality that no word will go out in fact each word will be taken into consideration.

3) In gender-based violence, survivors evidently confront the issue of acceptance and believing. Professionals competent enough to provide acceptance and build confidence in them

4) Survivors need emotional Support as  Counselors understand it  entrusts  emotional assistance.

5) Mental health counseling significantly helps survivors to uplift their lives by feeling confident that helps them to know about themselves and find sustainability on a financial level. Health professionals may support the idea of a high level of self awareness for themselves for more influential results.

6) Different Mental health counseling Programs and survey research increase the  efficiency and credibility of Counseling for survivors. Research determines the effectiveness of orientation of work,  concluding the conceptual results that enhance the relevance and reliability of surveys.

7) Mental health professionals help survivors to overcome feelings of unwantedness just by listening and understanding their outputs, that give them  sufficient emotional support.

8) Mental health counseling must be provided 24×7 through E – Governance and from NGOs online portals. Government initiatives become extremely important regarding gender Based violence, their women empowerment Policies must confirm the positive results on society that ultimately helps women socially.

9) Determining mental health counseling in rural areas is crucial because women, especially in marginalized communities, find it far more difficult to come out and express their needs because of social structure & norms. Mostly do not know what to do in such situations. At this time, mental health counselors untapped them & make them aware of their legal, social and political rights; moreover their human rights. 

10) Gender based violence survivors do not know what to do now at first, self doubt engraved in them strongly. Mental health professional advisory assistance supports them to better their condition by doing counseling sessions and penetrating positivity.

11) Cognitive behavioral therapy helpful to reduce mental health issues

12) Psychological counseling for survivors

13) Therapeutic counseling addresses issues like self blame, guilt trauma and much more.

14) Empower survivors to adopt adequate strategies to handle violence and protect themselves.

15) Crisis intervention, free legal, shelter care, supportive groups and psychotherapy to both prevent social isolation and social support.

16) Require sensitive the staff; sensitivity to the person and the problem

17) Maintain privacy and safety for clients.

National human Rights commission Report protection the Rights of LGBTQ community in Covid 19

  • No discrimination at health centre, healthcare professionals should be sensitised about it.
  • Skill development programmes
  • Online classes, provision of education without discrimination 
  • All different schemes should take into account of gender diversity and vulnerabilities of LGBTQ in terms of eligibility requirements like ID proofs, ensure transgender and interested covered in schemes.
  • Medico – legal case for survivors of domestic and sexual violence along with timely treatment, psycho- social support.
  • Access to health services at primary health centers, community health and quarantine centers.
  • Mental health treatment/therapies and counseling through all district and local hospitals and medical health centers during pandemic.

 Listen to and believe survivors because the perpetrator is only responsible for actions. Teach in schools what is to be men and make them aware of their emotional side. Call for responses and services require a mandate for solution. Understanding human values is extremely vital as men have a hard time to evaluate those values, learn the signs of abuse and how we can help and talk extensively and exclusively of gender based violence.

Anything that’s human is mentionable, and anything that is mentionable can be more manageable. When we can talk about our feelings, they become less overwhelming, less upsetting, and less scary.” — Fred Rogers

How Mental Health Counseling help Gender Based Violence Survivor

Source: Alignable

Gender-based violence enormously impacts the mental health of a person. In this case, mental health counseling has a significant role to determine support to gender based violence survivors. Post-violence survivors possibly suffer with depression, anxiety and post traumatic stress disorder. Accurate role of mental healthcare prevents the increasing number of GBV; to reduce negative thoughts. Countries having Gender Based violence prevention based on rigid public health models that do not carry mental health components, though GBV must require concepts, competencies and standards of mental health to interdict the GBV. Inequality of gender, gender stereotypes & prejudice, difference of femininity and masculinity capabilities,  Upbringing in patriarchal society or mindset aggression, male ego are several elements increasing insensitivity and hideousness and intricate to control the GBV.

Source: Forbes Health

1) Mental health professionals well aware of how to help and support the survivors,  what are their emotional & psychological requirements in case of physical,verbal, sexual violences, anxiety and depression mental health professional (MHP) capable to encounter accordingly.

2) Counseling is a faithful forum where anyone can be vulnerable, survivors can find it easy to open up & release themselves emotionally in front of mental health Counselors. MHP can maintain solidarity to survivors, value their experience, understand their needs, ensure faith of confidentiality that no word will go out in fact each word will be taken into consideration.

3) In gender-based violence, survivors evidently confront the issue of acceptance and believing. Professionals competent enough to provide acceptance and build confidence in them

4) Survivors need emotional Support as  Counselors understand it  entrusts  emotional assistance.

5) Mental health counseling significantly helps survivors to uplift their lives by feeling confident that helps them to know about themselves and find sustainability on a financial level. Health professionals may support the idea of a high level of self awareness for themselves for more influential results.

6) Different Mental health counseling Programs and survey research increase the  efficiency and credibility of Counseling for survivors. Research determines the effectiveness of orientation of work,  concluding the conceptual results that enhance the relevance and reliability of surveys.

7) Mental health professionals help survivors to overcome feelings of unwantedness just by listening and understanding their outputs, that give them  sufficient emotional support.

8) Mental health counseling must be provided 24×7 through E – Governance and from NGOs online portals. Government initiatives become extremely important regarding gender Based violence, their women empowerment Policies must confirm the positive results on society that ultimately helps women socially.

9) Determining mental health counseling in rural areas is crucial because women, especially in marginalized communities, find it far more difficult to come out and express their needs because of social structure & norms. Mostly do not know what to do in such situations. At this time, mental health counselors untapped them & make them aware of their legal, social and political rights; moreover their human rights. 

10) Gender based violence survivors do not know what to do now at first, self doubt engraved in them strongly. Mental health professional advisory assistance supports them to better their condition by doing counseling sessions and penetrating positivity.

11) Cognitive behavioral therapy helpful to reduce mental health issues

12) Psychological counseling for survivors

13) Therapeutic counseling addresses issues like self blame, guilt trauma and much more.

14) Empower survivors to adopt adequate strategies to handle violence and protect themselves.

15) Crisis intervention, free legal, shelter care, supportive groups and psychotherapy to both prevent social isolation and social support.

16) Require sensitive the staff; sensitivity to the person and the problem

17) Maintain privacy and safety for clients.

National human Rights commission Report protection the Rights of LGBTQ community in Covid 19

  • No discrimination at health centre, healthcare professionals should be sensitised about it.
  • Skill development programmes
  • Online classes, provision of education without discrimination 
  • All different schemes should take into account of gender diversity and vulnerabilities of LGBTQ in terms of eligibility requirements like ID proofs, ensure transgender and interested covered in schemes.
  • Medico – legal case for survivors of domestic and sexual violence along with timely treatment, psycho- social support.
  • Access to health services at primary health centers, community health and quarantine centers.
  • Mental health treatment/therapies and counseling through all district and local hospitals and medical health centers during pandemic.

 Listen to and believe survivors because the perpetrator is only responsible for actions. Teach in schools what is to be men and make them aware of their emotional side. Call for responses and services require a mandate for solution. Understanding human values is extremely vital as men have a hard time to evaluate those values, learn the signs of abuse and how we can help and talk extensively and exclusively of gender based violence.

Anything that’s human is mentionable, and anything that is mentionable can be more manageable. When we can talk about our feelings, they become less overwhelming, less upsetting, and less scary.” — Fred Rogers

How can Mental Health Counseling help Gender Based Violence Survivor

Mental health professionals well aware of how to help and support the survivors,  what are their emotional & psychological requirements in case of physical,verbal, sexual violences, anxiety and depression mental health professional (MHP) capable to encounter accordingly.

 2) Counseling is a faithful forum where anyone can be vulnerable, survivors can find it easy to open up & release themselves emotionally in front of mental health Counselors. MHP can maintain solidarity to survivors, value their experience, understand their needs, ensure faith of confidentiality that no word will go out in fact each word will be taken into consideration.

 3) In gender-based violence, survivors evidently confront the issue of acceptance and believing. Professionals competent enough to provide acceptance and build confidence in them

 4) Survivors need emotional Support as  Counselors understand it  entrusts  emotional assistance.

 5) Mental health counseling significantly helps survivors to uplift their lives by feeling confident that helps them to know about themselves and find sustainability on a financial level. Health professionals may support the idea of high level of self awareness for themselves for more influential results.

 6) Different Mental health counseling Programs and survey research increase the  efficiency and credibility of Counseling for survivors. Research determines the effectiveness of orientation of work,  concluding the conceptual results that enhance the relevance and reliability of surveys.

 7) Mental health professionals help survivors to overcome feelings of unwantedness just by listening and understanding their outputs, that give them  sufficient emotional support.

 8) Mental health counseling must be provided 24×7 through E – Governance and from NGOs online portals. Government initiatives become extremely important regarding gender Based violence, their women empowerment Policies must confirm the positive results on society that ultimately helps women socially.

 9) Determining mental health counseling in rural areas is crucial because women, especially in marginalized communities, find it far more difficult to come out and express their needs because of social structure & norms. Mostly do not know what to do in such situations. At this time, mental health counselors untapped them & make them aware of their legal, social and political rights; moreover their human rights. 

 10) Gender based violence survivors do not know what to do now at first, self doubt engraved in them strongly. Mental health professional advisory assistance supports them to better their condition by doing counseling sessions and penetrating positivity.

How can Mental Health Counseling help Gender Based Violence Survivor

Mental health professionals well aware of how to help and support the survivors,  what are their emotional & psychological requirements in case of physical,verbal, sexual violences, anxiety and depression mental health professional (MHP) capable to encounter accordingly.

 2) Counseling is a faithful forum where anyone can be vulnerable, survivors can find it easy to open up & release themselves emotionally in front of mental health Counselors. MHP can maintain solidarity to survivors, value their experience, understand their needs, ensure faith of confidentiality that no word will go out in fact each word will be taken into consideration.

 3) In gender-based violence, survivors evidently confront the issue of acceptance and believing. Professionals competent enough to provide acceptance and build confidence in them

 4) Survivors need emotional Support as  Counselors understand it  entrusts  emotional assistance.

 5) Mental health counseling significantly helps survivors to uplift their lives by feeling confident that helps them to know about themselves and find sustainability on a financial level. Health professionals may support the idea of high level of self awareness for themselves for more influential results.

 6) Different Mental health counseling Programs and survey research increase the  efficiency and credibility of Counseling for survivors. Research determines the effectiveness of orientation of work,  concluding the conceptual results that enhance the relevance and reliability of surveys.

 7) Mental health professionals help survivors to overcome feelings of unwantedness just by listening and understanding their outputs, that give them  sufficient emotional support.

 8) Mental health counseling must be provided 24×7 through E – Governance and from NGOs online portals. Government initiatives become extremely important regarding gender Based violence, their women empowerment Policies must confirm the positive results on society that ultimately helps women socially.

 9) Determining mental health counseling in rural areas is crucial because women, especially in marginalized communities, find it far more difficult to come out and express their needs because of social structure & norms. Mostly do not know what to do in such situations. At this time, mental health counselors untapped them & make them aware of their legal, social and political rights; moreover their human rights. 

 10) Gender based violence survivors do not know what to do now at first, self doubt engraved in them strongly. Mental health professional advisory assistance supports them to better their condition by doing counseling sessions and penetrating positivity.

Career planning?

Hello , salaam, namaste !

So how is your career planning going on? Is everything going according to your plan or did you even plan your career or not ? If not, then when are you going to? what about promotion ,bonus or salary? – same regular typical ,annoying and boring questions right asked by many of our near and dear and even far ones right?

I know , I know how it feels ,even I passed from that stage ,sorry I’m still in that stage ,so yeah I know how irritating and annoying those questions feel and how those questions even make us feel guilty about our career planning.

As a student I felt and even do feel that career planning is the most important part of my education ,but the thing was I used to be always confused about what to choose, in my +1 and +2 should I choose the stream which I like or should I play safe and choose stream which is offering more number of opportunities. ok somehow I played safe and choose a stream, but later again after choosing the stream find the exams which you have to take in order to get a good college and after joining the college struggle or say competition to find a good decent job ,so this is it ?

For a good decent job or further studies you have to start planning from 5-6 years before ,and if the plan goes well then there you have you job and if not then a back up plan and all this to enjoy good ,peaceful life, so much of planning and execution right, I know but what can we do ,this thing feels so important in one’s life specially if you are from a brown household .

If you ask me I would tell that career planning is important if you really want good career and growth in career and start doing this from early stage like in your tenth standard mostly and research about what options do you have and take opinions and advices from people of that field and get to know about their work their other opportunities .

One advice from my side is choose the stream you like ,follow your passion but also play safe and try to grab as many opportunities as possible and I can definately tell that people who work with their heart ,follow their passion and choose what they like are much more happy than people who just choose the stream because of the opportunities they are offering.

”Find out what you like doing best, and get someone to pay you for doing it.”

-Katharine Whitehorn

Career planning?

Hello , salaam, namaste !

So how is your career planning going on? Is everything going according to your plan or did you even plan your career or not ? If not, then when are you going to? what about promotion ,bonus or salary? – same regular typical ,annoying and boring questions right asked by many of our near and dear and even far ones right?

I know , I know how it feels ,even I passed from that stage ,sorry I’m still in that stage ,so yeah I know how irritating and annoying those questions feel and how those questions even make us feel guilty about our career planning.

As a student I felt and even do feel that career planning is the most important part of my education ,but the thing was I used to be always confused about what to choose, in my +1 and +2 should I choose the stream which I like or should I play safe and choose stream which is offering more number of opportunities. ok somehow I played safe and choose a stream, but later again after choosing the stream find the exams which you have to take in order to get a good college and after joining the college struggle or say competition to find a good decent job ,so this is it ?

For a good decent job or further studies you have to start planning from 5-6 years before ,and if the plan goes well then there you have you job and if not then a back up plan and all this to enjoy good ,peaceful life, so much of planning and execution right, I know but what can we do ,this thing feels so important in one’s life specially if you are from a brown household .

If you ask me I would tell that career planning is important if you really want good career and growth in career and start doing this from early stage like in your tenth standard mostly and research about what options do you have and take opinions and advices from people of that field and get to know about their work their other opportunities .

One advice from my side is choose the stream you like ,follow your passion but also play safe and try to grab as many opportunities as possible and I can definately tell that people who work with their heart ,follow their passion and choose what they like are much more happy than people who just choose the stream because of the opportunities they are offering.

”Find out what you like doing best, and get someone to pay you for doing it.”

-Katharine Whitehorn