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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.

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.

Assertiveness

 Assertiveness is a skill for effective communication and negotiation while respecting the thoughts and feelings of others. Assertive people are clear about their wants, needs, and boundaries to others and there remains no question to where they stand. Being assertive means being able to stand up for what is right, and to say no to something that does not pleases in a confident, calm, and respectful way which is neither too aggressive nor passive. It is an important personal and interpersonal skill as in all our interactions being assertive helps us to express ourselves in a clear, open, and reasonable way, without undermining our own or other’s rights.

An aggressive communication can ruin relationships for us because no one likes to be in the company of a person who constantly judges, argues, disagrees, and does not allow others to share their opinion. While a passive communication may lead to us feeling misunderstood or unheard and we may also feel that no one truly listens to us or value our input. However an assertive communication is way to present our thoughts and beliefs in a clear manner. Assertiveness is seen as a balance between aggressive and passive types of personalities.

Assertive behaviour includes –

  • Being open in expressing wishes and encouraging others to do the same
  • Listening to the views of others and responding appropriately, whether in agreement with those views or not
  • Accepting responsibilities and being able to delegate to others
  • Regularly expressing appreciation of others for what they have done or are doing
  • Being able to admit to mistakes and apologise
  • Maintaining self control
  • Behaving as an equal to others

BENEFITS OF BEING ASSERTIVE

  • Assertive people feel empowered to do whatever it takes to find the best solutions for their problems that they face.
  • They get things done by treating people with fairness and respect and are treated by others in the same way.
  • They are self assured and don’t feel threatened or upset when things don’t go as planned or as expected.
  • They are able to recognize the value of their opponent’s position and can quickly find common ground with them.
  • They are able to express themselves in a better and calm way which makes the communication effective.
  • They are confident enough to show that they are brave enough to stand up for what the resonate with as well as are in control of what they say.
  • Trust is an important part for any communication to take place and being an assertive person helps to you get their easily. 

 

Vishakha Guidelines

 In the year 1997, Indian women celebrated a landmark judgment which was passed by the supreme court of India where they formulated the VISHAKHA GUIDELINES and made it mandatory for the institutions all over the country to take up these guidelines to prevent and redress sexual harassment at workplace. These guidelines laid the foundation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Women in India comprise of almost 50% of the population of India and work in almost all the sectors and areas, even in those professions which were believed to be exclusively reserved for men and women never even thought to enter those.

This change was followed by a series of incidents where women were raped and harassed by men, and were subjected to a lot of physical and mental torture at the workplaces. This was a violation of the fundamental rights of the women such as art 14 i.e. right to equality, art 15and 16 which states that there shall be no discrimination on the basis of gender, caste, religion etc. and equality of opportunity respectively. Thus there was a necessity for the women to be treated properly at their workplace. The Vishakha Guidelines came into existence after the horrifying case of Bhanwari Devi, a government employee who was harassed by a group of people at her working hours.

FACTS OF THE CASE

Bhanwari Devi was a social worker in Rajasthan, who was brutally raped by a number of upper class men as she tried to stop a child marriage. She filed a complaint against those men but was not taken seriously by the policemen and it took 52 hours to file the complaint. The Rajasthan High Court acquitted all those men of rape on the context that a woman cannot be raped in front her husband and that the head of the village would never indulge in such acts. They convicted those men for the offence of assault, the degree for punishment of which is quite lesser than that of rape. In her support, many women’s groups and NGOs filed a PIL in the Supreme Court under the collective platform of Vishakha asking the court to give certain directions regarding the sexual harassment against women at the workplace. On 13th august 1997, the Supreme Court gave the Vishakha Guidelines which included the basic definition of sexual harassment at workplace and guidelines to deal with it.

NEED FOR THESE GUIDELINES

After the Bhanwari Devi incident, many women groups protested as they demanded recognition of their rights as the citizens of India and urging the government to take necessary actions to prevent harassment of women at their workplace. At that time, the legal system of our country did not have proper legislation that would ensure the safety of the women at their workplace or provide just and fair punishment to the offenders who would indulge in the heinous crimes of rape and sexual harassment. Also there was no rule regarding the obligation of the employer to provide support and assistance to his employee who might be a victim of harassment rather they would just throw the employee out of their jobs in order to escape the liability. Thus there was a need for a new set of laws that would punish the wrongdoers and ensure the safety of the women at their workplaces.

FEATURES OF THE VISHAKHA GUIDELINES

  1. Definition of sexual harassment– the guidelines issued by the supreme court widens the meaning and scope of sexual harassment and defines it as an unwanted sexual determination which is direct or implied and is intended to cause physical contact or advances, demand or request for sexual favors, sexually colored remarks, or any other unwelcome conduct whether it is physical, verbal, or non verbal.
  2. Providing a safer working environment– it is the duty of each employer to provide a safe working environment for each and every employee working in the company, which involves taking measures towards protecting the interest of the women employees and ensuring that none of the employees indulge in any practice of sexual harassment.
  3. Duty of the employer– the guidelines lay down that it is the obligation of the employer to file a complaint if the conduct of any of its employee amounts to a criminal offence which is punishable under the Indian Penal Code.
  4. Complaint Redressal Committee– it was made mandatory for all the organization to set up a complaint redressal committee in order to ensure that the complaints of the employees are dealt properly and suitable action is taken.

Cyberchondria

 Mental health has always been an under-rated topic in India. People don’t like the idea of talking about their mental illness let alone the mental illness of others. However, it is one of the most important parts of any individual’s live because if someone suffers from a mental illness, an impact is caused on their day-to-day working. Mental illness is a health condition that affects the emotions, thinking, or behaviour of a person. It is associated with distress or problems related to the functioning in social, work, or a family set-up. Sometimes mental illnesses can run in the family and can pass on from genes to the future generations.

One such mental illness is Cyberchondria. The term was first coined in 2001in an article in the United Kingdom newspaper to describe ‘the excessive use of the internet health sites to fuel health anxiety. Cyberchondria refers to a person’s anxiety regarding their health which is created by the use of internet to search for medical information. It is believed to affect more as the use of internet among people has been increased a lot. Many people with the access to internet turn to it for their self diagnosis as a vast of amount of information is available with only a few clicks. For some the information may be true and relatable but for others it can cause severe anxiety as the information they find online can get them to worry too much.

CAUSES OF CYBERCHONDRIA

It is likely for people with pre-existing anxiety and depression to experience Cyberchondria. There is an enormous amount of information available online however it is not always true or factual. Blogs or online support groups provide information about any disease or any other topic based on other people’s experiences which may not be fit for all. Many websites prey on the fears of the people to deliberately sell them unapproved treatment and earn loads of money. New mothers may also Google about their new babies and find information that can be stressing making them prone to this disease.

These are the factors that convince people that they suffer from some disease based on the common or vague symptoms. Sometimes such symptoms can be of some normal flu but the internet and provide an exaggerated result due to which people get anxious. People who suffer from Cyberchondria are known to be hyper aware of their bodies and the misinformation can increase their anxiety which can make their symptoms worse.

COPING WITH CYBERCHONDRIA

There are some simple steps that people with Cyberchondria may use to cope up with the illness like the first being to restrict the use of internet and avoiding it to search information regarding your health problems or to only look for information from trusted sites that provide data which is scientifically and medically approved. Also it is important to lead a healthy lifestyle which includes proper sleep, regular exercise, good nutrition, and other things for good health; one can also schedule a routinely checkup with their doctor and if they face symptoms that linger on for a few days, then they should go and seek help from a doctor rather than going to internet and performing a self diagnosis as a doctor is a more reliable source than internet.

The New Normal

The pandemic of Covid-19 has greatly affected not only the health of the people but also their lives. There is a daily increase in the cases of patients who are being infected by the virus along with the rise in the recovered patients. There has also been an impact on the economy of the country as businesses have been shut, and people are facing unemployment. The living standard of the people has also seen quite a change as people are now opting for the lifestyle that is far from luxurious because of the financial crunch they are facing. The pandemic has also taught us the importance of self hygiene as well as hygiene around us. It also made us realise the need to spend the time with our families which we were unable to do with regard to our busy schedules. As there was a lockdown, as a preventive measure against the virus, people had the opportunity to try out new things as well as work on their hobbies.

During the lockdown, proper hand washing techniques as well as keeping a sanitizer handy were the policies adopted and preached by the people. Wearing masks while going out and practicing social distancing were also two important measures that each individual opted for and is abiding by it. However, these measures are something that we should be continuing to use even when the complete lockdown is lifted; as the virus is something that is not going away anytime soon and we need to learn to live with the virus instead of living in the fear of it.

The concepts of work from home as well as online classes were the new methods that companies and schools/colleges opted for so that neither the working nor the education stops. These concepts quickly gained popularity among people as well as have been the preferred method for them. Many schools have even resumed the online classes for the session of 2020-2021 as normal wherein the children are taught the lectures online and are given assignments as homework. Many employees are willing to continue this mode of work as they feel that they are more relaxed while working from home and the environment for work is also easy-going.

Many individuals have inculcated cooking skills in them as they are everyday trying to learn new recipes and sharing them on the social media to inspire others. The people have also learned the importance of home cooked food and the fashion of eating fast food is also seeing a decrease. People are also inclined to learning new things and are enrolling themselves in various online courses, workshops, seminars etc.

Many people are and will be facing a new type of issue i.e. Adjustment Issue. Most of us might be apprehensive to go out due to the fear of virus or many would and are finding it difficult to wear masks or adapting to the new lifestyle. However, they must understand that these measures are for our own benefit and for our protection from the virus. Thus, people must wear masks whenever they go out and must also practice social distancing. They should also maintain personal hygiene by constantly washing hands for 20 seconds and avoid touching any surface when they are out. 

 

Doctrine of Notional Extension under the Workmen Compensation Act, 1923

 

There is no problem in detecting that the accident occurred in the course of employment when a workman is injured in the working place and in the working hour and doing his duty. The problem arises when these elements do not coincide together. But a workmen if injured just near the work premises or just before joining the work or in the way to work problem arises. To address this kind of problem and giving some kind of relief to the workmen the theory of notional extension evolved.

“As a rule, the employment of a workman does not commence until he has reached the place of employment and does not continue when he has left the place of employment, the journey to and from the place of employment being excluded. It is now well-settled, however, that this is subject to the theory of notional extension of the employer’s premises so as to include an area which the workman passes and repasses in going to and in leaving the actual place of work. There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employer’s premises. The facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this theory of notional extension.” 

Wider interpretation of duty:

Court has given a wider and popular meaning of “duty” to expand the scope of this section. The court also talks about the service contract to determine which can be come under the preview of this section. Justice Cozens-Hardy M. R. said “……… it was an implied term of the contract of service that these trains should be provided by the employers, and that the colliers should have the right, if not the obligation, to travel to and from without charge.” In the next case the court has interpreted the term “duty” in stricter sense.

In Weaver v. Tredegar Iron Coal Co.  House of Lords after examining a large number of authorities given a wider meaning of “duty” but did not negated the duty test.In this case lord Atkin said that there can be no doubt that the course of employment cannot be limited to the time or place of the specific work which the workman is employed to do. It does not necessarily end when the “‘down tools” signal is given, or when the actual workshop where he is working is left. In other words, the employment may run on its course by its own momentum beyond the actual stopping place. There may be some reasonable extension in both time and space.” Lord Porter further said that if an accident occurs while coming to the workplace or leaving the place can be out of and in the course of employment if he is bound by the way he proceed under the terms of the contract of service express or implied. Here duty test was confirmed.

Expanding the preview of Service Contract:

In St. Helens Colliery Co Ltd v. Hewlston  the court said that the injury did not occur in the course of employment because the employee was not bound or obliged to travel by that special train and he could have taken other transport. If he were bound by the service contract to travel by that train then it would have been in the course of employment (Lord Buckmaster). It was also added that if the place of work is like that there is no alternative means of transport other than the transport given by the employer then it can be concluded that there is an implied term in the service contract to use that transport (Lord Atkinson). The same view was taken in Mackenzie v. I.M. Issak says that a workman in a colliery is not in course of his employment while using the transport of the employer if he is not bound by the terms of the contract to travel by that transport.

There was a particular situation where employee has to take bus service to reach his workplace from home and vise versa. It was necessary for doing his duty efficiently and punctually which was a condition under his service  . So, travelling in that bus was an implied condition to his duty. It was also said that this doctrine was developed to cover the factory, workshops and harbors but it can be applied in this kind of situation also. Compensation was granted holding that the accident arising in the course of employment. Though the court said what would be the indicator that when the work starts and ceases that depends on case to case basis.

In Union of India v. Mrs . Noor Jahan  a railway gangman was ordered by his employer to go to another place for cleaning and in the way from one place to another accident happened. Justice Sukla observed that the accident has occurred in the duty hour and when he was going to do his duty on behalf of his employer and he concluded that the accident has occurred in the course of his employment.

Public Place and this Doctrine:

There are some situations where this doctrine does not apply. When a workman is on the public road or public place and not there for fulfilling the obligation and his work does not make necessary to be there. The proximity of the work premises and spot of accident become immaterial. The notional extension of the place of work cease when workman come to a public road. There were some clarification made in the next case in this matter.

In Saurashtra Salt Manufacturing Co. v. Valu Raja  Justice Jafer Imam said that,

“It is well settled that when a workman is on a public road or a public place or on a public transport he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment makes it necessary for him to be there. A workman is not in the course of his employment from the moment he leaves his home and is on his way to his work. He certainly is in the course of his employment if he reaches the place of work or a point or an area which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation for any accident happening to him.”

Tick- borne SFTS Virus

Tick-borne SFTS virus  has re-emerged in China, killing around  7 people and has infected almost 60 people. This was reported on August 5 ,2020. As the virus  is infecting several people , it has also set warning of transmission of virus from human to Human.

Over 37 of people  in Jiangsu province (East Japan) reportedly contracted the SFTS  virus in the first half 2020. And  around 23 more people were found to be infected by the same in East china’s Anhui Province.
The SFTS virus is tick – borne virus , but it is not a new born virus it is already  detected in 2009 and china isolated the Pathogen in 2011.This virus belong to Bunyavirus  category. Symptons – it causes severe fever with thrombocytopenia syndrome (SFTS), cough , vomitting ,diarrhea,low platelet count , multiple organ failure,elevated liver enzyme levels.
This virus infects the mammalian hosts  like cats ,yak ,mice ,hedgehogs etc. Blood sucking anthropods can spread or not , no gurantee. Human accidentally came across this virus. Although transmission is through tick bite but it can also spread from human whose  blood infected.
 This disease is emerging  , firstly found in central and Northeast china.Even in Japan and south korea it was found in 2015 ,mortality rate was found more than 30 % in both countries.

Kisan Rail

The First Kisan Rail introduced by the Ministry of  Railways will start  from Devlali in Maharastra Nashik at 11 am  to Danapur  in Bihar’s  capital , patna ,on August 7 , 2020. 

Narendra singh Tomar , Union Agriculture Minister will launch the country’s first kisan special parcel Train via video conference which was announced in budget 2020.
The train will make stoppage at different stations carrying fruits , vegetables ,etc and it will be not carrying regular passengers . It will have coaches 10 +1.
This train will  be going on weekly basis  and will reach Danapur at 6.45 pm the next day , after completing the distance of 1519 km in over 31 hours .
The stoppages of this train – Manmad, Naski Road ,Bhusaval ,Jalgaon ,Burhanpur ,Itarsi , khandwa  , katni , Jabalpur , Satna , Manikpur ,pt. Deendayal upadhyay Nagar , Prayagraj clhheoki , Buxar.
As per the railway ministry , Nasik and the surrounding region provides a high quality of fruits and vegetables , onions , flowers , other perishables mainly also  transported to the region around Allahabad , patna , satna and Katni.
There shall be refrigerated coaches in freight trains and express as well. A cold supply chain to be build for meat , milk and fish for transportation of perishable traffic.

Ram mandir Bhumi pujan caremony

The Ram mandir Bhumi Pujan ceremony took place on August 5 ,2020 in presence of PM Narendra Modi and other several personalities. The invite list of Ram Mandir Bhumi Pujan mentioned PM Modi and three more names.  In the list of widespread  pandemic , the list has been vastly trimmed by the trust .The invitation card with safforn theme also has an image of the idol of Ram lalla or infant Lord Ram.

During the ceremony , Prime Minister  Narendra Modi  has been joined on stage by chief  of Rashtriya Swayamsevak singh (RSS) Mohan Bhagwat , UP chief Minister Yogi Adityanath  and UP  Governor Anandiben Patel and Nritya Gopal  Das. Even Uma Bharti who was not planning to attend the ceremony due to this pandemic situation also arrived. Even Baba Ramdev even marked his presence and appreciated the presence of Government efforts. While addressing the ceremony of  Ram Mandir , uttar Pradesh Chief Minister Yogi Adityanath acknowleged one of the eminent personalities missing the ceremony called BJP veteran LK Advani and Murli Manohar Joshi and the state Government assured that in future events they will also become part of this Historical Events. 
Not only Our Hindu Religious Leaders , several other heads of  Different  communities were also attending the ceremony and accepted the Ram Mandir In Ayodhya.
As Champat Rai , General Secretary of Ram Mandir Trust , invites has been sent to around 175 people for elaborate Bhumi pujan ceremony ambid  the  nation’s  COVID -19 fight. Every invitation has security code and if they leave the venue , they cannot reentry. The invitation was only for Ayodhya Resident and not any other , the first invitation went to  Iqbal Ansari , one of the muslim litigants of the  Ram mandir case. 175 members also contained sages and saints from across the country .Mohammad Sharif  , Padma shri recipient  has also been invited. Organisation also made personal phone calls and apologized  to many people to keep up social distancing.
Jathedar and Sikh priests ,Chairman of  the sunni wakf Board from Lucknow and several other religious leaders also invited for this event.
Amit Shah , Home Minister was not able to attend the ceremony due to  being  caught by corona on August 2 ,2020.
Narendra Modi established a 40kg  silver brick  paving way the part of symbolic start of the construction of the temple. He also planted Parijat tree in the premises and the inscription of the temple  has been inaugrated.
The UP government released a Postal stamp which will be based on the temple design.

Laws that a layman should know about

 

Indian Constitution has provided several rights to the people to protect their fundamental rights, but unfortunately, most people are not aware of their rights. Below are some laws and the rights which not only protect people’s interests but also ease their daily life.

1. If your cylinder explodes you are entitled to Rs. 40 lakh cover!

Many of us are unaware that domestic LPG consumers are entitled to a cover of Rs. 40 lakh in case of loss of life or damage to property due to cylinder explosions.

2. Penalised for receiving gifts? Yes, they can be bribes.

It has become a tradition for companies to send gifts! As these gifts can be carefully veiled bribes, the law is a smart move by the government to avoid situations of bribery.

3. Only female officers can escort women to the police station

Not only do male officers have no right to escort a woman but she can refuse to go to the police station between 6 pm to 6 am. In case of a serious crime, a written permit from the magistrate is required for male officers to escort her.

4. The tax recovery officer can arrest and release you

In case of tax violations, the TRO has the right to arrest you, though a summon has to be sent. The tax commissioner only decides how long can you be in custody, but your release will be decided by the TRO. This has been mentioned in the Income-tax Act, 1961 .

5. No traffic violation laws for non-motorised vehicles

Though it has been clarified that a golf cart is not allowed on the road but there aren’t any penalties against non motor vehicles like a cycles or rickshaws, since they don’t fall under the Motor Vehicles Act.

6. Women can lodge complaints through emails

Guidelines issued by the Delhi Police entitle women to the privilege of registering a complaint via email or even through post if she can’t go to the police station.

7. Live-in relationships are not illegal

Though it is frowned upon in our country, but as long as both the adults are ready to stay together, live-in relationships are not illegal. Moreover, live-in relationships are considered to be ‘equal to marriage’ if certain conditions are met few of which are pooling of financial and domestic arrangements, entrusting the responsibility, sexual relationship, bearing children, socialization in public and intention, conduct of the parties, etc. This is done to protect women under the Domestic Violence Act. Also, children born out of live-in relationships have the right to inherit their parent’s property.

8. Political parties can solicit your vehicle during elections

During the time of elections, a political party can solicit your car or bike for campaigning purposes after deciding a settlement with you. Also, parties cannot offer free rides to and fro from poll booths.

9. If you have been fined once in the day you maybe excused after that

Riding around without a helmet can land you into trouble, but once you are fined for it, the chalaan slip can get you out of being fined for the same till midnight. Yes, but this is not an encouragement to do so. Be safe while driving.

10. You don’t have to pay the MRP, you can buy for less

MRP is the Maximum Retail Price. As consumers, you have the right to bargain for a price below that. However, a seller can not go beyond the MRP.

11. If you aren’t paid, file a complaint immediately

The Limitation Act states that if you aren’t paid by someone who is contracted to pay you, you need to file a complaint within 3 years. After that time period your suit most likely will be dismissed, so being lazy about this is not an option.

12. 3 months in jail for PDA! (Public Display of Affection)

PDA within its limits is allowed but any obscene activity is punishable by law for upto 3 months. Since the word obscene has not been defined, couples are often harassed by policemen.

13. Head constables have limited prosecution power

No head constable can fine you for any offence which has penalty more than 100.

14. A police officer is always on duty, literally

The 1861 Police Act clearly states that a police officers is always on duty. If he or she witnesses an act of crime or if an incident is brought to their knowledge they can’t say “I am not on duty” even if they aren’t in uniform. Of course, they are entitled to some rest because of the the hard work that they put in to their work.

15. The no sex divorce

As funny as it sounds, if a husband or a wife refuse sex post marriage, it can be deemed as ‘mental cruelty’ and is a viable reason for divorce.

Agro-Climatic Regions of India

 

Agro-climatic conditions mainly refer to soil types, rainfall, temperature and water availability which influence the type of vegetation. An agro ecological zone is the land unit carved out of agro-climatic zone superimposed on landform which acts as modifier to climate and length of growing period. The Planning Commission has categorized 15 agro-climatic zones in India, taking into account the physical attributes and socio-economic conditions prevailing in the regions.

1) Western Himalayan Region 

The Western Himalayan Region covers Jammu and Kashmir, Himachal Pradesh and the hill region of Uttarakhand. Topography and temperatures show great variation. Average temperature in July ranges between 5°C and 30°C, while in January it ranges between 5°C and -5°C. Mean annual rainfall varies between 75 – 150 cm; in Ladakh, however, it is less than 30 cm. There is alluvial soil in the valleys of Kashmir, Kullu and Dun, and brown soil in the hills. 
The valley floors grow rice, while the hilly tracts grow maize in the kharif season. Winter crops are barley, oats, and wheat. The region supports horticulture, especially apple orchards and other temperate fruits such as peaches, apricot, pears, cherry, almond, litchis, walnut etc. Saffron is grown in this region. The main problems of this region are poor accessibility, soil erosion, landslides, inclement weather, inadequacy of marketing and storage facilities. The population is generally rural-based and poor.

2) Eastern Himalayan Region 

The Eastern Himalayan Region includes Arunachal Pradesh, the hills of Assam, Sikkim, Meghalaya, Nagaland, Manipur, Mizoram, Tripura, and the Darjeeling district of West Bengal. The topography is rugged. Temperature variation is between 25°C and 30°C in July and between 10°C and 20°C in January. Average rainfall is between 200 – 400 cm. The red-brown soil is not highly productive Jhuming (shifting cultivation) prevails in the hilly areas. 
The main crops are rice, maize, potato and tea. There are orchards of pineapple, litchi, oranges and lime. Infrastructural facilities in the region need to be improved and shifting cultivation controlled by developing terrace farming. 

3) Lower Gangetic Plain Region 

West Bengal (except the hilly areas), eastern Bihar and the Brahmaputra valley lie in this region. Average annual rainfall lies between 100 – 200 cm. Temperature in July varies from 26°C to 41°C and for January from 9°C to 24°C. 
The region has adequate storage of ground water with high water table. Rice is the main crop which at times yields three successive crops (Aman, Aus and Boro) in a year. Jute, maize, potato, and pulses are other important crops. Planning strategies include improvement in rice farming, horticulture (banana, mango and citrus fruits), pisciculture, poultry, livestock, forage production and seed supply. 

4) Middle Gangetic Plain Region 

The Middle Gangetic Plain region includes large parts of Uttar Pradesh and Bihar. The average temperature in July varies from 26°C to 41°C and that of January 9°C to 24°C average annual rainfall is between 100 – 200 cm. It is a fertile alluvial plain drained by the Ganga and its tributaries. Rice, maize, millets in kharif, wheat, gram, barley, peas, mustard and potato in rabi are important crops. 

5) Upper Gangetic Plains Region 

In the Upper Gangetic Plains region come the central and western parts of Uttar Pradesh and the Hardwar and Udham Nagar districts of Uttarakhand. The climate is sub-humid continental with temperature in July between 26°C to 41°C and temperature in January between 7°C to 23°C. 
Average annual rainfall is between 75 – 150 cm. The soil is sandy loam. Canal, tube-well and wells are the main source of irrigation. This is an intensive agricultural region wherein wheat, rice, sugarcane, millets, maize, gram, barley, oilseeds, pulses and cotton are the main crops. 

6) Trans-Ganga Plains Region 

This region (also called the Satluj-Yamuna Plains) extends over Punjab, Haryana, Chandigarh, Delhi and the Ganganagar district of Rajasthan. Semi-arid characteristics prevail over the region, with July’s mean monthly temperature between 25°C and 40°C and that of January between 10°C and 20°C. 
The average annual rainfall varies between 65 – 125 cm. The soil is alluvial which is highly productive. Canals and tube-wells and pumping sets have been installed by the cultivators and the governments. The intensity of agriculture is the highest in the country. Important crops include wheat, sugarcane, cotton, rice, gram, maize, millets, pulses and oilseeds etc. The region has the credit of introducing Green Revolution in the country and has adopted modern methods of farming with greater degree of mechanization. The region is also facing the menace of waterlogging, salinity, alkalinity, soil erosion and falling water table. 
Some steps that may be required to make agriculture in the region more sustainable and productive are: 
  •  Diversion of some rice-wheat area to other crops like maize, pulses, oilseeds and fodder 
  •  Development of genotypes of rice, maize and wheat with inbuilt resistance to pests and diseases 
  •  Promotion of horticulture besides pulses like tur and peas in upland conditions 
  •  Cultivation of vegetables in the vicinity of industrial clusters
  •  Supply of quality seeds of vegetables and planting material for horticulture crops 
  •  Development of infra-structure of transit go downs and processing to handle additional fruit and vegetable production 
  •  Implementation of policy and programmes to increase productivity of milk and wool 
  •  Development of high quality fodder crops and animal feed by stepping up area under fodder production

7) Eastern Plateau and Hills 

This region includes the Chhotanagpur Plateau, extending over Jharkhand, Orissa, Chhattisgarh and Dandakaranya. The region enjoys 26°C to 34°C of temperature in July, 10°C to 27°C in January and 80 – 150 cm of annual rainfall. Soils are red and yellow with occasional patches of laterites and alluviums. The region is deficient in water resources due to plateau structure and non-perennial streams. Rain fed agriculture is practiced growing crops like rice, millets, maize, oilseeds, ragi, gram and potato. 

8) Central Plateau and Hills 

The region is spread over Bundelkhand, Baghelkhand, Bhander Plateau, Malwa Plateau, and Vindhyachal Hills. Semi-arid climatic conditions prevail over the region with temperature in July 26°C to 40°C, in January 7°C to 24°C and average annual rainfall from 50 – 100 cm. Soils are mixed red, yellow and black. 
There is scarcity of water. Crops grown are millets, wheat, gram, oilseeds, cotton and sunflower. In order to improve agricultural returns, measures to be adopted are water conservation through water saving devices like sprinklers and drip system; dairy development, crop diversification, ground water development, reclamation of ravine lands. 

9) Western Plateau and Hills 

Comprising southern part of Malwa plateau and Deccan plateau (Maharashtra), this is a region of the regur (black) soil with July temperature between 24°C and 41°C, January temperature between 6°C and 23°C and average annual rainfall of 25 – 75 cm. Wheat, gram, millets, cotton, pulses, groundnut and oilseeds are the main crops in the rain fed areas, while in the irrigated areas, sugarcane, rice and wheat, are cultivated. Also grown are oranges, grapes and bananas. 
Attention should be paid to increasing water efficiency by popularizing water saving devices like sprinklers and drip system. The lower value crops of jowar, bajra and rainfed wheat should give way to high value oilseeds. Improvement of milk production of cattle and buffalo through crossbreeding along with poultry development should be encouraged. 

10) Southern Plateau and Hills 

This region falls in interior Deccan and includes parts of southern Maharashtra, the greater parts of Karnataka, Andhra Pradesh, and Tamil Nadu uplands from Adilabad District in the north to Madurai District in the south. The mean monthly temperature of July varies between 25°C to 40°C, and the mean January temperature is between 10°C to 20°C. Annual rainfall is between 50 – 100 cm.
It is an area of dry-zone agriculture where millets, oilseeds, and pulses are grown. Coffee, tea, cardamom and spices are grown along the hilly slopes of Karnataka plateau. Some of the area under coarse cereals may be diverted to pulses and oilseeds. Horticulture, dairy development and poultry farming should be encouraged. 

11) Eastern Coastal Plains and Hills 

In this region are the Coromandal and northern Circar coasts of Andhra Pradesh and Orissa. The mean July temperature ranges between 25°C to 35°C and the mean January temperature varies between 20°C to 30°C. The mean annual rainfall varies between 75 – 150 cm. The soils are alluvial, loam and clay and are troubled by the problem of alkalinity. Main crops include rice, jute, tobacco, sugarcane, maize, millets, groundnut and oilseeds. Main agricultural strategies include improvement in the cultivation of spices (pepper and cardamom) and development of fisheries. 
These involve increasing cropping intensity using water efficient crops on residual moisture, discouraging growing of rice on marginal lands and bringing such lands under alternate crops like oilseeds and pulses; diversifying cropping and avoiding mono cropping; developing horticulture in upland areas, social forestry and dairy-farming. 

12) Western Coastal Plains and Ghats 

Extending over the Malabar and Konkan coastal plains and the Sahyadris, the region is humid with the mean July temperature varying between 25°C to 30°C and mean January temperatures between 18°C to 30°C. The mean annual rainfall is more than 200 cm. The soils are laterite and coastal alluvial. Rice, coconut, oilseeds, sugarcane, millets, pulses and cotton are the main crops. 
The region is also famous for plantation crops and spices which are raised along the hill slopes of the Western Ghats. The agricultural development must focus attention on raising of high value crops (pulses, spices and coconut). Development of infra structural facilities and promotion to prawn culture in brackish water should be encouraged. 

13) Gujarat Plains and Hills 

This region includes the hills and plains of Kathiawar and the fertile valleys of Mahi and Sabarmati rivers. It is an arid and semi-arid region with the mean July temperature reading 30°C and that of January about 25°C. The mean annual rainfall varies between 50 – 100 cm. 
Soils are regur in the plateau region, alluvium in the coastal plains, and red and yellow soils in Jamnagar area. Groundnut, cotton, rice, millets, oilseeds, wheat and tobacco are the main crops. It is an important oilseed producing region. The main strategy of development in this region should be canal and groundwater management, rain water harvesting and management, dry land farming, agro-forestry development, wasteland development and developing marine fishing and brackish/back water aquaculture development in coastal zones and river deltas. 

14) Western Dry Region 

Extending over Rajasthan, West of the Aravallis, this region has an erratic rainfall of an annual average of less than 25 cm. The desert climate further causes high evaporation and contrasting temperatures 28°C to 45°C in June and 5°C to 22°C in January. Bajra, jowar, and moth are main crops of kharif and wheat and gram in rabi. Livestock contributes greatly in desert ecology. 
The main areas needing a thrust for development are rainwater harvesting, increasing yield level of horticultural crops like water melon, guava and date palm, adopting high quality germ plasm in cattle to improve their breed; and adopting silvi-pastoral system over wastelands.

15) Island Region 

The island region includes Andaman-Nicobar and Lakshadweep which have typically equatorial climate (annual rainfall less than 300 cm; the mean July and January temperature of Port Blair being 30°C to 25°C respectively). The soils vary from sandy along the coast to clayey loam in valleys and lower slopes. 
The main crops are rice, maize, millets, pulses, arecanut, turmeric and cassava. Nearly half of the cropped area is under coconut. The area is covered with thick forests and agriculture is in backward stage. The main thrust in development should be on crop improvement, water management and fisheries. Improved variety of rice seeds should be popularized so as to enable farmers to take two crops of rice in place of one. For fisheries development multi-purpose fishing vessels for deep sea fishing should be introduced, suitable infrastructure for storage and processing of fish should be built up, and brackish water prawn culture should be promoted in the coastal areas. 

Time capsule

 
As  stated , In Ayodhya , lord Ram and his place of birth where time capsule will be  placed inside a  copper plate  before placing it before the site. As per chaupal , sanskrit is choosen as per long sentences can be changed into few words.
The first and foremost time capsule is placed by Indira Gandhi  , outside one of the gate of Red forts. It was named as kalpaatra  which contain post independence history on 15 August 1972. It will be opened 
 After 1000 times..
In 2010 , another time, first and foremost  female president of India  to date , prathibha patel  buried on March 6  it was buried near auditorium  of IIT kanpur .
In 2010 another capsule was buried  in Mahatma  Mandir ,Ghandhinagar to mark 50 years of foundation of temple .
In 2014 , Alexandra Girl’s Education Institution buried one time capsule  which is scheduled to be open on sep 1 ,2062 on ocassion of bi- centennial anniversary of Institution.
A time capsule has been placed in Lovely professional University  in the presence of prime minister Modi on occassion of 106 th Indian science congress organised by LPU. It contains 100 different items  that represents cross examination of technology at the time in India for the next 100 years by three distinguised noble laureates-Hungry -Born israeli  biochemist Avram Hershko, British Born American physicist F .Duncan M.Haldane and German-American Biochemist  Thomas christian sudhof.

Actually a time capsule is made from metals such as aluminium, stainless steel  or copper and the message is written on acidic free paper so that paper donot rot even after hundreds of year . The time capsule container is 3 feet longer  and buried deep inside the ground .

The time capsule is a historic cache of information or goods to communicate  with future generations. It also helps  archaeologists , anthropologists  and historians to study about a site. With this capsule the future generation an get total idea of a particular era , society or community . They are generally placed in foundation of buildings.

Concept of Delegated legislation

 

Definition:Black’s Law Dictionary defines ‘Delegation’ as ‘the act of entrusting another with authority or empowering another to act as an agent or representative’. E.g. Delegation of Contractual Duties.

‘Subordinate Legislation’ has been defined as:

“Legislation that derives from any authority other than the Sovereign Power in a state and that depends for its continued existence and validity on some superior or supreme authority.”

Salmonddefines – “Subordinate legislation is that which proceeds from any authority other than the sovereign power, and is therefore dependent for its continued existence and validity on some superior or supreme authority.”

Delegated legislation is, at times, referred to as “Ancillary”, “Subordinate”, Administrative Legislation or as Quasi-Legislation”. Delegated legislation is a technique to relieve pressure on legislature’s time so that it can concentrate on principles and formulation of policies.

 

Essential characteristics of Delegated Legislation:

· The rules should contain short titles, explanatory notes, reference to earlier amendments, etc. for clear understanding.

·     No extra-ordinary delay shall occur in making the subordinate legislation.

·   The administrative authority should not travel beyond the powers given in Parent Act.

·      Essential legislative functions cannot be delegated.

·      Sub-delegation (Delegatus non potest delegare) is not encouraged.

·    General rules should not be framed with retrospective operation, unless and until the parent Act instructs to do so.

·       Discriminatory and arbitrary rules should not be framed.

·       Wide and sufficient publicity shall be given so that general public can know it.

·   In appropriate cases, consultation also shall be made for more effectiveness and efficiency.

·   The Sub-ordinate authorities should not use rigid, crux and technical language while preparing the rules, which may cause difficulty to understand by general public.

·      The final authority of interpretation of the subordinate rules is vested to Parliament and Courts. But the administrative authorities are not empowered and authorised to interpret the statutes.

·        A tax or financial levy should not be imposed by rules.

·        Wherever it is necessary, the explanatory notes shall be given.

·        Public interest must be kept in view while delegating the powers, etc.

 

History of Delegated Leislation in India:

a. Pre – constitutional Position:

The history of delegation of powers can be traced from the charter stage of 1833 when the East India Company was regaining political influence in India. The of 1833 vested the legislative powers exclusively in Governor – General – in council, which was an executive body. He was empowered to make laws and regulations for repealing, amending or altering any laws or regulations, which were in force for all persons irrespective of their nationality. In 1935 the Government of India Ac, 1935 was passed which contained an intensive scheme of delegation. The report of the committee on ministers’ powers was submitted and approved which fully established the case for delegation of powers and delegation of legislation was regarded as inevitable in India.

b. Present Position:

Though, our constitution was based on the principal of separation of powers, a complete separation of powers was not possible hence it maintained the sanctity of the doctrine in the modern sense. The Indian Constitution does not prohibit the delegation of powers. On the other hand there are several provisions where the executive has been granted the legislative powers. For example the legislative powers of the president under the Indian Constitution are conspicuous. Under Article 123 the president has the power to promulgate the ordinances and unrestricted power to frame regulations for peace progress and good government of the union territory under Article 240. The Supreme Court of India has also upheld the delegation of legislative powers by the legislative to the legislative to the executive in the case of Raj Narayan Singh v. Chairman Patna Administration Committee

 

Growth of Delegation of Power and it’s Reason:

Many factors are responsible for the rapid growth of delegated legislation in every modern democratic state. The traditional theory of ‘laissez faire’ has been given up by every state and the old ‘police state’ has now become a ‘welfare state’. Because of this radical change in the philosophy as to role to be played by the state, their functions have increase. Consequently, delegated legislation has become essential and inevitable.

 

Some of the reasons of the growth of the Delegation of Powers are as follows:

1. Pressure upon Parliamentary Time:

As a result of the expanding horizons of the state activity, the bulk of legislation is so great that it is not possible for the legislation to devote sufficient time to discuss all the matters in detail. Hence there is need for a delegation of power.

2. Technicality:

Sometimes, the subject – matter on which legislation is required is so technical in nature that the legislator, being himself a common man, cannot be expected to appreciate and legislate on the same, and the assistance of experts may be required. Hence,  this lead to the growth of delegation of power.

3. Flexibility:

At the time of passing any legislative enactment, it is impossible to foresee all the contingencies, and some provision is required to be made for these unforeseen situations demanding exigent action. Hence there is a need for flexibility which leads to the growth of delegation of power.

4. Experiment:

The practice of delegated legislation enables the executive to experiment. The method permits rapid utilization of experience and implementation of necessary changes.

5. Emergency:

In the time of emergency, quick action is required to be taken. The legislative process is not equipped to provide for urgent solution to meet the situation. Hence there is need for delegation of power.

 

Delegation Legislation : Position under Constitution of India

The Legislature is quite competent to delegate to other authorities. To frame the rules to carry out the law made by it. In D. S. Gerewal v. The State of Punjab, K.N. Wanchoo, the then justice of the Hon’ble Supreme Court dealt in detail the powers of delegated legislation under the Article 312 of Indian Constitution. He observed: “There is nothing in the words of Article 312 which takes away the usual power of delegation, which ordinarily resides in the legislature. The words “Parliament may by law provide” in Article 312 should not be read to mean that there is no scope for delegation in law made under Article312….” In the England, the parliament being supreme can delegated any amount of powers because there is no restriction. On the other hand in America, like India, the Congress does not possess uncontrolled and unlimited powers of delegation.

In Panama Refining Co. v. Rayans, the supreme court of the United States had held that the Congress can delegate legislative powers to the Executive subject to the condition that it lays down the policies and establishes standards while leaving to the administrative authorities the making of subordinate rules within the prescribed limits. 4 Art. 13 (3) Defines law and it Includes ordinance, order, byelaw, rule, regulation & notification having the force of law.

In Sikkim v. Surendra Sharma– it is held that ‘All Laws in force’ in sub clause (k) of Art. 371 F includes subordinate legislation. Salmond defines law as that which proceeds from any authority other than the Sovereign power & is therefore, dependent for its continued existence & validity on some superior or supreme authority.