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Responsibility of Media in Democracy

Media refers to the communication tools or channels through which news, music, movies, education, promotional messages, and other information is disseminated. It includes mediums like radio, television, magazines, newspapers, internet, etc. It describes the different ways in which we communicate in the society ranging from a telephone call to the news on television. The term media is used to denote a medium that is designed to reach out to a large audience such as the population of a country.

For instance, in the present times of the pandemic, media is constantly updating us about the scenario of the country as well as of the world regarding the number of active cases, the policies that government has adopted, etc. Along with the news of the pandemic, the media is also regularly updating about the other things happening in the country.

Media plays an important role to inform the public about the social, economic, and political activities happening in the world. It shows the ground reality of the society and portrays what the truth is. Media is the 4th pillar of democracy and plays a vital role in generating a democratic culture that is beyond the politics and helps increase the public consciousness. They are known as the watchdogs of the democracy as they supply the information about various candidates standing for the elections so that the people can choose their representative on those bases.

ROLE OF MEDIA IN DEMOCRACY

The Indian Constitution guarantees the fundamental right of ‘Freedom of Speech and Expression’ to every citizen, which includes ‘Freedom of Press’. For a democracy to function properly, the government and the citizens need to go hand in hand and for this purpose, media works to bridge the gap between them. The judiciary has protected the rights of the media as well as constrained it in the interest of justice as well as the fundamental rights of the others. Media exposes loopholes in the democratic society which helps the government to fill those vacuums and make the system more responsive, accountable and democratic friendly. Media has also helped to shape the democratic society by emphasizing issues such as child birth and care, domestic violence, and sexual harassment, which would have been private. It also helps in molding the public opinion and bringing social change in the society by highlighting issues such corruption in the government or the non functioning of the government. It is also a means for educating people, especially those in the rural areas, by circulating information without any bias.

RESPONSIBILITY OF THE MEDIA

  1. The media has the power to reach the government and expose their real picture to the world so that transparency can be maintained in the government.
  2. A challenging role for the media is to reveal any piece of information or truth to the public in such a way that no particular group of people are agitated from it.
  3. It also has the responsibility to help the citizens nourish and enjoy their rights and also to check that they exercise those rights in a lawful manner.
  4. Media can organise debates to challenge the loopholes in the functioning of the government and also appreciating the good work of the government.
  5. They can also build a sense of patriotism in the citizens who without the fear of any politician can work for the betterment of the nation.
  6. Media should never present any information by deliberately twisting it to create a hype in the people.
  7. It should also not get involved in creating fake news, or promoting a party or a brand just for the sake of money.
  8. Presenting real and important issues should be the main motive of the media, rather than indulging in presenting issues that are of no importance to the general public.

Child Labor in India

Child labor refers to the exploitation of the children by employing them to work and interfering with their ability to attend regular schools, and any work that is harmful for them mentally, socially, physically or morally. It has been a major issue all around the world, especially in the developing countries, and it destroys the future of the child employed in child labor. In Child Labor (Prohibition and Regulation) Act 1986, a child has been defined as a person who has not completed the age of 14 years. For a layman, the definition of child labor is the practice of engaging the children in economic activity as a part-time or a full time job.

Child labor has existed throughout the history. During the 19th and the early 20thcenturies children between the ages of 5-14 from poor families worked in western nations and their colonies. The children worked mainly for factories, mines, home-based operations, or agriculture. In the early 20th century, thousands of young boys were employed in glass making industries, factories and mines. The conditions of working were extremely difficult as there was extreme heat, or no advanced technologies. The children suffered eye troubles, lung problems, cuts, heat exhaustion, etc. 

CAUSES OF CHILD LABOR

  1. POVERTY – it is one of the main causes of child labor in India. It is one of the major drawbacks and the children are considered to be helping hands for the family in terms of financial support.
  2. DEBTS – due to the poor economic conditions of people, they are forced to borrow money from moneylenders who charge them high rate of interests, because of which they find it difficult to repay the debt due to which the money lenders employ the debtors, including their children, to work for them.
  3. PROFESSIONAL NEEDS – there are some industries that require delicate hands and little fingers to do the minute work, such as in bangle making factories. Bangle making industry is known for employing children.

                                    RIGHTS OF CHILDREN IN INDIA

In India, the government has taken various effective measures to eliminate child labor. The Indian constitution has incorporated provisions to secure the rights of children, such as compulsory elementary education as well as the labor protection for children. Some other provisions are:

  1. No child below the age of 14 shall be employed in any factory or mines or engaged in any other form of hazardous work.
  2. States in particular shall direct its policy towards securing the health of the workers, men and women and the tender age f children are not abused and that the citizens are not forced by economic necessity to for their children to work.
  3. The state shall provide free and compulsory education to all children between the ages of 6-14 as such a manner as the state may determine by law. 

REALITY OF CHILD LABOR IN INDIA

Even though strict laws and policies are being formed for the protection of children against child labor, the reality stands totally opposite. The laws formed are hard to enforce, especially in the rural areas where it is most prevalent and the villages are barely connected to state infrastructure. For many families in India, giving up child labor means letting go of an entire income which could push them deeper into poverty. For most of the factory owners, using child labor is the only way to produce local products at a cheap rate and be able to make them compete in the international market. The states have the responsibility to enforce laws for the protection of children, however due to the lack of funds and proper administration; they are unable to do so. Also the judicial system of India, is not competent enough to stop the violators of child labor easily. Many a times the violators can very easily slip through the cracks because of the lack of proper administration, and even though they are found guilty, the fine for the same is not enough for a practical deterrent. 

Residential Status (Section 6) of the Income Tax Act, 1961

 The basis of charging income tax is the taxable income of every person. To determine taxable income, it is essential to find out residential status of the person and scope of total income. There are two types of taxpayers from residential point of view – Resident in India and Non-resident in India. Indian income is taxable in India whether the person earning income is resident or non resident. Conversely, foreign income of a person is taxable in India only if such person is resident in India. Foreign income of a non-resident is not taxable in India. Therefore, the tax liability of a person is dependent upon the residential status of a person.

 

RESIDENTIAL STATUS AND TAX LIABILITY (SECTION 6)

According to the residential status, the assessee can either be;

 Resident in India, or

 Non-resident in India

However, a resident individual and a resident HUF can further be classified as:

 Resident and Ordinarily resident in India (ROR) or

 Resident but not Ordinarily resident in India (RNOR).

 

It must be noted that only an individual or a HUF can be resident, not ordinarily resident or non resident in India. All other assesses can be either resident or non-resident in India but cannot be not ordinarily resident in the matter of their residential status for all purposes of income tax. Section 6 of the Income-tax Act prescribes the conditions to be fulfilled by various taxpayers to determine their residential status.

 

RESIDENTIAL STATUS OF AN INDIVIDUAL:

An individual first needs to satisfy basics condition in order to become resident in India. If a resident individual satisfies additional conditions, he becomes resident and ordinarily resident (ROR), otherwise he is resident but not ordinarily resident (RNOR).

BASIC CONDITIONS FOR AN INDIVIDUAL TO BE RESIDENT

Under Section 6(1) of the Income-tax Act, an individual is said to be resident in India in any previous year if he:

1. he has been in India for at least 182 days during the previous year; or,

2. he has been in India for at least sixty days (60 days) during the previous year and for at least three hundred and sixty-five days (365 days) during the four years immediately preceding the previous year.

Exceptions to above conditions

In the following two cases, second condition is not applicable, i.e., if condition (1) is satisfied then an individual is resident otherwise he will be non-resident:

i. the individual is a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship, or for the purpose of employment outside India, or

ii. the individual is a citizen of India or person of Indian origin engaged outside India (whether for rendering service outside or not) and who comes on a visit to India in the any previous year.

Therefore, in the above two exceptional cases, only the basic condition 1 needs to be checked. If it is satisfied, then the individual is treated as a resident, otherwise he will be treated as non resident.

NON-RESIDENT

If an individual does not satisfy any of the above two basic conditions then, he will be treated as non-resident.

It must be noted that the fulfilment of any one of the above conditions 1 or 2 will make an individual resident in India since both these conditions are alternative and not cumulative in their application

ADDITIONAL CONDITIONS FOR AN INDIVIDUAL TO BE RESIDENT AND ORDINARY RESIDENT (ROR)

An individual may become a resident and ordinarily resident in India if he satisfies both the following conditions given u/s 6(1) besides satisfying any one of the above mentioned conditions:

1. he is a resident in atleast any two out of the ten previous years immediately preceding the relevant previous year, and

2. he has been in India for 730 days or more during the seven previous years immediately preceding the relevant previous year.

 

RESIDENT AND NOT ORDINARY RESIDENT (RNOR)

If a resident individual is not able to satisfy both the additional conditions, then he will be resident but not ordinary resident (RNOR).


Important Points to be considered while determining Residential Status:

The residential status of the assessee should be determined for each year separately. This is because a person resident in one year may become non-resident or not ordinarily resident in another year and vice versa.

1. The residential status of an individual for tax purposes does not depend upon his citizenship, nationality and place of birth or domicile. This is because for tax purposes, an individual may be resident in more than one country in respect of the same year.

2. The period of stay required in each of the conditions need not necessarily be continuous nor is the purpose of stay is insignificant in determining the residential status.

3. It is not required that the stay should be at the usual place of residence, business or employment of the individual. The stay may be anywhere in India and for any length of time at each place.

4. India means territory of India, its territorial waters, continental shelf, Exclusive Economic Zone (upto 200 nautical miles) and airspace above its territory and territorial waters.

5. Where the exact arrival and departure time is not available then the day he comes to India and the day he leaves India is counted as stay in India.

Meaning of Company and its Classification

 

A company is a voluntary association of individuals formed to carry on business to earn profits or for non profit purposes. These persons contribute towards the capital by buying its shares in which it is divided. A company is an association of individuals incorporated as a company possessing a common capital i.e. share capital contributed by the members comprising it for the purpose of employing it in some business to earn profit.

“As per Companies Act 1956, a company is formed and registered under the Companies Act or an existing company registered under any other Act”.

Types of Companies:

Companies can be classified under the following heads:

1. On the basis of formation.

2. On the basis of liability.

3. On the basis of ownership.

 

1. On the basis of formation: On the basis of formation companies can be categorised as:

(a) Statutory Company: A company formed by a Special Act of parliament or state legislature is called a Statutory Company. Reserve Bank of India, Industrial Financial Corporation of India, Life Insurance Corporation of India, Delhi State Finance Corporation are some of its examples.

(b) Registered Company: A company formed and registered under the Companies Act, 1956 or earlier Companies Acts is called a Registered Company. The working of such companies is regulated by the provisions of the Companies Act.

 

2. On the basis of liability: On the basis of liabilty, companies can be catagorised as:

(a) Company limited by shares: The liability of the member of such company is limited to the face value of its shares.

(b) Company limited by guarantee: The liabilty of each member of such company is limited to the extent of guarantee undertaken by the member. It may arise in the event of its being wound up.

(c) Unlimited Company: The company not having any limit on the liability of its members, is called an unlimited company. Liability in such a case extends to the personal property of its shareholders. Such companies do not use the word ‘limited’ at the end of their name.

(d) Company under section 25: A company created under section-25 is to promote art, culture and societal aims. Such companies need not use the term limited at the end of their name. Punjab, Haryana, Delhi chambers of commerce, etc. are the examples of such companies.

 

3. On the basis of ownership: On the basis of ownership, companies can be catagorised as :

(a) Private Company: A private company is one which by its Articles of Association :

(i) restricts the right of members to transfer its shares;

(ii) limits the number of its members to fifty (excluding its past and present employees);

(iii) prohibits any invitation to the public to subscribe to its shares, debentures.

(iv) The minimum paid up value of the company is one lakh rupees (Rs 100000). The minimum number of shareholders in such a company is two and the company is to add the words ‘private limited’ at the end of its name. Private companies do not involve participation of public in general.

(b) Public Copmpany: A company which is not a private company is a public company. Its Articles of association does not contain the above mentioned restrictions. Main features of a public company are : (i) The minimum number of members is seven.

(ii) There is no restriction on the maximum number of members.

(iii) It can invite public for subscription to its shares.

(iv) Its shares are freely tansferable.

(v) It has to add the word ‘Limited’ at the end of its name.

(vi) Its minimum paid up capital is five lakhs rupees (Rs 500,000).

(c) Government Company: A Government company is one in which not less than 51% of its paid up capital is held by (1) Central Government or (2) State Government, or (3) partly by Central Government and partly by State Governemt. Example of a Government company is Hindustan Machine Tools Limited, (HMT) State Trading Corporation (STC). Minerals as metals training corporation (MMTC).

(d) Foreign company: A foreign company is one which is incorporated outside India but has a place of business in India, for example Philips, L.G, etc. standard materials.

(e) Holding company and Subsidiary company: A holding company is a company which controls another company (called subsidiary company) either by acquiring more than half of the equity shares of another company or by controlling the composition of Baord of Directors of another company or by controlling a holding company which controls another company.

(f) Listed company and unlisted company: A company is required to file an application with stock exchange for listing of its securities on a stock exchange. When it qualifies for the admission and continuance of the said securities upon the list of the stock exchange, it is known as listed company. A company whose securities do not appear on the list of the stock exchange is called unlisted company.

Take chance of Covid 19

 

Whenever there arise economy crash down , we came to witness a decline throughout History a Global emission. The air pollution has reduced   , skies became clear and water bodies also improved in some polluted cities , the sky have turned from dusty to blue. This opportunity came into hand when declared by PM Narendra Modi , the first lockdown . So , we came across some benefited positive change  throughout India along with the pandemic situation , which was not possible to achieve before. Although we are benefited from the situation , but if we focus then we are left in a poorer world ,financially crisis , few jobs and other added anxieties/ depression. Therefore Government and other employment sectors have to get down into the field after this situation  recovers , in order to recovering economy . India always had national and state action plans for climate change  but the problem is they never became successful. Thus , this corona provides a break from past . They drive government towards change.

Lets focus on changes-
PEOPLE IN DELHI can see clear skies and stars , the air pollution has gone down which is visible Nowadays.
JALANDHAR, PUNJAB’s people said that Himalayas are visiblevwhich was sighted after 30 years and snow capped mountains in clear blue skies.
California ,Beijing are having clearer skies and canals in vehicle , rivers like Ganga and Yumuna in India also cleaned up.
 Another on exporting products ,  before world top economics – America , China , Japan ,Germany , and other European and western Countries were into exporting food , but at present they may run out of stock , so basic essentials such as food grains , can be provided and also depend on supplies . 
Lets also Make India Atmanirbhar , a compitable good supply chain.
Government set up a new set of rules to govern the country’s environment clearance regime for industrial projects. The environment impact assessment EIA  notification 2020 dillutes rules by expanding the list of projects exempted from public consultation and does not prescribe a robust post environment clearance monitoring system. EIA 2020 changed few defination like capital dredging . The draft changes – 1. No public consultation for construction 2. Power to retrospectively regularise projects , exemption for project with strategic consideration concerning national defence , security , other .  The project imply critical to the policies framed by government .oversight of certain construction projects to exclude B2 category projects ( aerial ropeways , paint manufacturing bulk drug manufacturing projects . 
 Sustainable  recovery and development possible only when sound environment responses , plans and policies given importance . It is the only key concept and solution in creating a promising and prosperous future for societies. 

Materialism

‘The best things that happen to us are not always things.’ – A saying that has been going around a long time and its meaning is the true essence of our life. The happiness that we may receive after making others smile or spending time with our family cannot be compared buying a brand new phone or branded clothes. Materialism is the belief that having money and other possessions is the most important thing in life. This belief has acquired a strong place in the people, especially the youth. They are pumped up by the advertisements that portray the notion ‘you are what you possess’ , as a result the youth is fascinated from the money as well as luxuries that they may or may not be able to afford.
The youth tries to identify themselves as well as the people around them with the money and the things they have, which creates a rift between the rich and the poor. The present day trends, such as clubbing or having lavish birthday parties, having latest gadgets or buying the newest car in the market, have a tight grip on the youth; so much so that people sometimes stress over how to keep up with these trends. There are many out there who just feel the need to buy new clothes or expensive phone to fit in with their peer group. They don’t realize the pressure it can create on their parents who work hard day and night just to make the ends meet for their family.
People don’t feel the need to have a good personality or empathy for others which can help them to be a good individual as well as a good reputation for people to recognize them; instead they feel that the only way to have a good reputation is by owning material things. There is no particular harm in owning things, however it sometimes leads to buying things that we don’t even need in our lives. People now-a-days try and measure the level of happiness of a person with the amount of money or the luxuries that the person owns. Whenever they see that someone has a thing that seem to good enough, they have an urge to buy it, even though they might not need it.
Society has embedded the notion in our heads that a person who owns more is respected more; due to which people are chasing money and power. Priority is given to having and earning a good amount of money over having a good and humble personality. It is also the reason for the huge gap between the rich and the poor in terms of wealth as the economic system is provoking the people to spend more money and for that they need to work hard and earn more.  Studies point out that if the parents tend to have a materialistic approach and tend to buy things after being influenced by the advertisements, then the children may also develop materialism in them.

The beliefs of the society are changing. Earlier it was said that people are supposed to love each other and the things are meant to be used as long as they serve, however now quite the opposite is happening in the society. Things are loved and people are used as long as they serve the purpose. There is no value for others in the society which is creating an impact on the relationships that people have with each other. People who are materialistic are never happy as contrary to the belief that they tend to be content. Therefore, one should never forget that in times of need, it is the people close to us that come to our rescue and not the things. 

Property of a female Hindu to be her absolute property

 

Section 14 of The Hindu Succession Act, 1956 states that,

(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.

Explanation: In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as streedhan immediately before the commencement of this Act.

(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

Under this Section , any property acquired by a Hindu female except that which is covered by sub-section 2 before the Act came into force will became her absolute property and any property acquired by a Hindu female except that which covered by the commencement of Act will be her absolute property.

 

The above stated changes could be seen while going through the observation of courts at different periods:-

In Janaki v. Narayana Swami,  Privy Council observed regarding women’s estate as “her right is of the nature of right of property, her position is that of owner; her powers in tat character are, limited…So long as she is alive , no one has vested interest in succession.”

 

In another case,  Kalawati v. Suraj, SC stated that in the context of section 14 “ ‘women’ does not mean any woman , but that woman who is the owner of woman’s estate. If the holder of woman’s estate had alienated the estate to a woman, that woman is not the woman whose estate is enlarged to full estate.”

“The effect of rule laid down in the Section 14 of The Hindu Succession Act, 1956 is to abrogate the stringent provisions against the proprietary rights of a female which are often regarded as evidence of her perpetual tutelage and to recognize her status as independent and absolute owner of property.”

Before the enactment of The Hindu Succession Act, 1956, Hindu women has streedhan as:-

(a)Absolute property and

(b) Limited estate.

 

When the constitutionality of the Act has been challenged and SC has observed that the Act has the object of enhancing women’s limited estate concept regarding property into absolute interest. It is within the spirit of court of India. Hence it is not violative of any fundamental rights especially Art.14, 15(1) of the Constitution of India.

 

S.14 has been given retrospective effect. But this Section has no application for those who has already inherited and alienated the property before the Act came into force. In Anandibhai v. Sundarabhai , High Court has been observed as “the expression ‘any property possessed by a female Hindu’ in Section 14 means ‘any property owned by a female Hindu’ at the date of the commencement of the Act, and, these words are prospective in their application. Any property ‘acquired before’ the commencement of the act shall be the absolute property. The expression ‘whether acquired before or after the commencement of this act’ shows that section is operative retrospectively.

 

There are two conditions to be fulfilled for the application of Section 14 of The Hindu Succession Act, 1956:

Ø Ownership of the property must vest in her, and

Ø She must be in the possession of the Estate when the Act came into force.

 

Supreme Courts and High courts have given wider connotations for the term possession. According to their observation, it can be in the form of actual and constructive possession. In Santosh v. Saraswathi, a question has been raised regarding the possession of property of female Hindu and Court held the view that where property was given to the woman by way of maintenance over which she had a right, her possession was accepted, it became her absolute property. Even when the property is in the possession of a trespasser, it has been held that she is in constructive possession.

Fundamental rights and the Environment

 

The Golden Triangle of the Indian Constitution – Article 14, Article 19 and Article 21 – has been invoked time and again for environmental protection. The High Courts and Supreme Court of India have read the right to a wholesome environment as a part of the right to life guaranteed in Article 21 of the Constitution of India.

In the Dehradun Quarrying Case, though the orders did not articulate the fundamental right to a clean and healthy environment, the petition was treated as a writ under Article 32, which implied that the court was seeing this right in the light of a fundamental right. The Supreme Court explained the basis of this jurisdiction in the later case of Subhash Kumar v State of Bihar where the court held that the right to life is a fundamental right under Article 21 of the Constitution and it includes right of enjoyment of pollution free water, air for full enjoyment of life. and that .if anything endangers or impairs the quality of life, in derogation of laws, a citizen has a right to have a recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.. This concept has been furthered by the Supreme Court and various High Courts decisions worded differently by concretising the idea of right to a clean and healthy environment as a part of fundamental rights.

 

The other integral part of right to life is right to livelihood as enumerated in the Olga Tellis Case, which is again a judicial enlargement of the right to life envisaged under Article 21 of the Indian Constitution. In Olga Tellis the Court looking at the limitation of the Indian State said that to deprive a person of his right to livelihood would mean depriving him of his life. The State may not by affirmative action be compellable to provide adequate means of livelihood or work to the citizens but any person who is deprived of his right to livelihood by law can challenge the deprivation as offending the right to life conferred by Article 21. Many environmentalists think that the right to livelihood could be asserted to prevent environmentally disruptive projects that threaten to uproot tribal people and villagers for depriving their right to livelihood. The recent agitation by the farmers of Singur and Nandigram in West Bengal and Narmada Bachao Andolans (NBA) campaign against the Sardar Sarovar Dam can be understood in this perspective. However, industries see a strict environmental regime at loggerheads with the right to livelihood and clean/healthy environment of the citizens. The argument forwarded by the industry interests can be rebutted on the grounds that right to clean environment and right to livelihood are complementary rather than contradictory. If all industries follow the environmental standards, then the price of products will include all the external costs which would have to be borne by the consumers. Nevertheless, even this alternative can be questioned in a third world country like India where most people are unable to afford costlier products.

 

Article 14 can be invoked to challenge government sanctions for projects with high environmental impact, where permissions are arbitrarily granted without adequate consideration, for example, of their environmental impacts. Article 19(1) (g) provides that all citizens shall have the right to practice any profession, or to carry on any occupation, trade or business but with reasonable restrictions which may be placed in the interest of the general public as provided within section 19 sub clause (6), which might include total prohibition. Accordingly, in cases involving polluting industrial units, the courts face the task of balancing the environmental imperative with the right to carry on any occupation/trade or business.

NAXALISM

Since India set its foot in the world, by becoming the fastest growing democracy in the world, it has faced many challenges that have threatened its advancements, development and national unity. One such problem is of NAXALISM. The term Naxalism is derived from the village of Naxalbari in West Bengal. The village became the centre of a tribal peasant uprising against local landlords in 1967. The rebellion was under the leadership of Kanu Santhal and Jagan Sanyal with the aim of rightful distribution of the land to the working peasants. Even though the rebellion was suppressed, it became the focus for the communist led separatist movements that began in the remote and tribal areas in India.
It is considered that the Naxalites are far-left radical communists and support the Maoist political sentiment and ideology. It started in West Bengal and slowly spread across the less developed areas of rural central and eastern India, such as Chhattisgarh, Odisha, and Andhra Pradesh. The movement found its roots among the displaced tribes and the natives who fight against the exploitation they face at the hands of major Indian corporations and local officers who are corrupt.
The Naxalites claim to represent the poor and socially marginalized members of the Indian society and stick to the Maoist doctrine of sustained peasant led revolution. For decades, the Naxalites waged guerilla warfare against the landlords, businesses, politicians, and security forces; they have also damaged transportation, communication, and power lines. They have often been able to set up their base in remote forest areas.

Participation of the Tribal in the Naxalite Movements

Due to the structural violence by the state, which includes land theft for the purpose of mineral extraction; tribal communities are more likely to participate in the naxal movements. Areas with no electricity, running water, or healthcare may accept social services from the Naxalite groups, and in return give their support to them. There are also some arguments that state’s absence has given a chance to the Naxalites to become a legitimate authority and perform state like functions such as enacting policies of redistribution and building infrastructure for irrigation. Health care services like malaria vaccination drives and medical units, in areas that have no doctors or hospitals, have also been documented. 

Causes of Naxalism
The causes for the growth of Naxalism are:
1.     Forest mismanagement was one of the main reasons as when the government began the exploitation of the forest resources, the traditional dwellers began fighting the government with the use of violence which led to the evolution of Naxalism.
2. Marginalization, displacement of the tribal communities, and haphazard implementation of the tribal policy worsened the situation of Naxalism.
3.    As naxal groups consisted mostly of the poor and the deprived like the daily wage laborers, small farmers, etc., it led to the increase of the inter-regional differences and inequalities that made people choose the Naxalites over the government.
4.  As the forest is one of the main areas for the operation of these groups, the government finds it difficult to deal with the groups due to the lack of accessibility to these areas.
5.     As the rural areas have poor infrastructure, unemployment, and lack of industries, it is creating disparity among the people which in turn is creating an anti-government mindset in the people.

RESPONSE OF THE GOVERNMENT
The response of the state governments to the Naxalite movements has evolved over the years, taking into consideration the increasing intensity of the threat and political decisions at the centre and the state. As the law and order has been shifted to the state list, the initiatives for the counter insurgency come under the jurisdiction of the state government. The centre helps to provide support for the efforts of the state through joint strategies, providing intelligence, resources, and coordination, whenever needed.
The central government has accelerated the effectiveness of the Counter-Insurgency (COIN) Strategy. These strategies combine the population-centric and enemy-centric approaches, combination of law and order mechanisms. Centre has led the COIN strategy mainly from behind by providing resources like security and finance, paramilitary, intelligence, and strategic direction.

OUTCOMES OF THE RESPONSE
Coordinated efforts from the centre and the state governments have brought a decrease in the naxal movements as well as the elimination of the important leaders of these groups. The Naxalite movement is also facing a vacuum in the leadership which is leading to the decrease in the support and coordination of the individual militants. This in turn has worsened the situations of the naxal groups. Demonetization has also played an important role in reducing the insurgent’s financial resources that had been saved to buy arms and equipments, or to lure recruits. With the combined efforts of the state actions, welfare programmes and security measures, a serious damaged has been created on the Naxalites operations.

Feminism in India – History and Present Times

The term Feminism is misunderstood as an ideology that aims to uplift only the women by bashing the male in the society. However, it is not true as the word Feminism means an ideology that fights for the upliftment for women and getting them the same political, social, and economic rights as the men in the society. The concept of feminism is not new but can be seen in the history of the world where women had fought for getting the political rights as well as have proven to be as great of a ruler for their empire as a man could have been.

Feminism is separated into three waves:
  • First wave feminism – beginning in the mid 19th century – when reformists began to speak in favor of women’s rights and making reforms in education and customs involving women.
  • Second wave feminism – from 1915 to Indian Independence, when Gandhi incorporated women’s movement into Quit India Movement and independent women’s organisation began emerging.
  • Third wave feminism – started post independence, which focuses on fair treatment of women at workplace, home, allowing them political rights etc.

Another misconception regarding feminism is that a feminist is only a woman. However, it is also not true as many of the men also identify themselves as feminist and it is evident in the history that many of the social reformists, fighting for the rights of the women, are male. Men like Raja Ram Mohan Roy who fought against the social evils like Sati, Polygamy and Child Marriage; Ishwar Chandra Vidyasagar who championed the cause of Widow Remarriage; DD Karve who worked to eradicate the bias against widows are considered to be feminists as they worked for the social and cultural upliftment for the women. Mahadev Govind Ranade founded the Widow Marriage Association in 1861while Behram Malabari started a campaign against Child Marriage and asked the legislation to prevent it.

Even though the concept is debatable, but is believed that a Fourth Wave of Feminism began around 2012, with the focus on issues like sexual harassment, body-shaming, rape culture, etc. After the Nirbhaya case, there was a spark of protest in the country seeking for stronger laws against rapes and to ensure the safety of women in the society. Around the world, women are at a greater risk of sexual harassment at work or at home. There is also a constant debate about the fact that most of the times women are not subjected to equal pay, even though they have the same position in the company, as compared to their male colleagues.

Indira Jaisingh, the first woman to be appointed as the Additional Solicitor General of India, played an instrumental role in the framing of the Domestic Violence Act (2005). Meenakshi Arora’s led to the framing of The Vishakha Guidelines which were later included in the Sexual Harassment of Women at Work Place Act (2013).The movement to secure women’s rights in India has come a long way and thanks to the fierce personalities throughout the history as well as the in the present times the fight against the patriarchal notions is seeing a lot of success.

A lot of scholars have claimed that western influence has paved the way for the growth of feminism in India. However, it is not true as women of different countries had different needs. The Indians did not have to borrow the concept of feminism from the west as our own history has given the evidence that women have asserted themselves in various ways and broke free from the existing notions that did not allow them the freedom in the society. However, the patriarchal documentations ignored the rebellions by the women and there is no record found for the same; but it cannot not be ignored that they were present and it is our duty to remember those rebellions.

PRESENT DAY TRENDS

The present day feminism in India has the following trends –
  • There is a genuine partnership and collaboration among women and men, especially youth, to fight for gender equality.
  • As there is an increase in the economic liberty for women, it is becoming easy to fight the existing stereotypes.
  • The wants of the women are also changing – from economic and political rights to social and sexual rights.
  • Women are negotiating harder for their space to expand and are not leaving it without a tough fight.
  • At last, the internet and the revolution of information sharing is also helping women from various communities as it gives them a bigger platform to voice out their opinions and demand for equal rights.

MINDFULNESS

‘Living in the moment, and seeing everything afresh without judgment and worry lets us experience life, rather than simply get through it.’ – Dr. Patrizia Collard

Our brains are always multi-tasking i.e. constantly thinking about our future actions or dwelling with the past actions along with working in the present. However because of this we are not able to sometimes live in the present, enjoy it and make the most out of it. The practice of being present in the moment is known as mindfulness. It is one of the most difficult things to achieve as it is quite common for us to constantly slip from the present moment into thinking about the future.

Mindfulness can increase our ability to be in sync with our thoughts, emotions, and body sensations which allows us to manage them and communicate about our feelings to others as well as understand theirs. The people who live in the moment are happier, calmer, relaxed, and appreciative. Its okay for us to slip back to into not being present in the moment, but to overcome that we just need to accept that we are not present and we can instantly feel more relaxed and it also makes it easier for us to slip back into the moment.

BENEFITS OF MINDFULNESS

Mindfulness meditation is a time where we can let go of all the judgments and focus on the natural curiosity about the working of our mind, and approaching our experience with warmth and kindness to others as well as ourselves. When we are present in the moment, it reduces stress, enhances our performance, gain insight and awareness through observing our mind and increase our attention to our surroundings as well as to other’s well-being. Mindfulness also helps us to emotionally connect with others as well as changes our mindset and perspective towards things.

HOW TO TUNE INTO MINDFULNESS?

The following simple tips can help us to tune into mindfulness –
  1. Spare some time from your schedule to meditate. There is no need for any special equipment; just some time and space.
  2. Observe the present moment as it is and give attention to it without any judgment.
  3. Whenever we notice that judgments are rising during the meditation, just note them in your mind and let them go.
  4. Whenever our mind gets carried away to other things other than the present, the practice of mindfulness comes into help as it brings our mind back to the present again and again.
  5. We should never be harsh on ourselves for the wandering of our minds or for others thoughts coming into our mind, as it is a natural phenomenon. Instead of judging ourselves, we should recognize the action of slipping away of our mind and try and calmly bring it back.


ADVANTAGES OF MINDFULNESS
  1. It helps to improve the social skills as it allows us to let go of the worry of being judged by others and just allows us to communicate with others more freely.
  2. Whenever we are present in the moment, we definitely find it easier to work on our creativity as it allows our brain to process things calmly and ideas just flow through our brain.
  3. Another advantage is that we become more appreciative of our surroundings as we analyze and label the people or the things around us quite less. The beauty that our world is, seems to be more enhanced as we take the moment of our life to appreciate it more.
  4. When we live in the present, we let go of the worry of the future and the past which stops us from functioning in the present moment and enjoy it. It also reduces the extra worry and stress that we create because of constant thinking of the future.

Impact of Social Media

The growing use of social media is evident in the society. It has become a platform for people to communicate with others or to stay in touch with their friends and family who are in another country or state. It provides many facilities like information sharing, communication, starting a business, start an awareness campaigns, etc. the development of technology, especially the mobile phones, has played an important role in the impact that social media has created on the people. Social media sites like facebook, twitter, instagram, pinterest, etc. has become platforms for people to share their photographs or content online for their viewers to access it. It has also become a platform for people to share their opinions about various aspects of their life with others. Social Media has also paved a way for many small businesses to have an online platform; many existing businesses are now turning to social media to expand themselves in the online world. 

WHAT MAKES SOCIAL MEDIA UNIQUE?
Social media can be termed as a unique platform because it is easily accessible to most of the people around the world. Majority of the younger generation, teenagers, and middle-aged people contribute to the highest percentage of the total social media user population. From the business perspective, social media opens possibilities of direct access to clients without any third party intervention. Advertising using social media is cost friendly as compared to the costs of the print, TV, or any other media. Also the businesses have the option to promote their products to the target audience that they have the freedom to choose based on their products.
Social media is present everywhere creating an impact on different walks of life. Most of the times, the social media is used by people to support any issue or any cause they relate to or feel strongly about. It is also used by people to build their image and to demonstrate who they are and what they stand for. They can also participate and get a feeling of involvement in things that are currently happening in the world.

IMPACT OF SOCIAL MEDIA
Social media has the following impacts:
  1.  Impact on the society – almost a quarter of the world’s population use facebook and as the social networks grow due to the interaction between people, they become more and more powerful. Each person can now share their point of view online as they know they are not alone. Through the help of social media, the social, ethical, environmental, and political ills in the society come into the mainstream and give people the right to voice out their views for the same.
  2. Impact on commerce– many of the organizations are now reaching out to its customer through either one of the social media platform, thanks to its growing use. Many businesses use the social media platform to connect with the customers, build revenue, generate insights, stimulate demands, and create targeted product offerings.
  3. Impact on the world of work – sites like LinkedIn are important social media platforms that are used by people to find employment and to stand out in their profession. Social media has had a great impact on the recruitment and hiring processes of the companies. Also the candidates who develop skills in the latest and most advanced social media techniques are the preferable choice for being employed. 

CHALLENGES OF SOCIAL MEDIA
Social media has the following challenges that are posed for its user:
  1.  Lack of Privacy– many of the users end up sharing too much information on the online profiles that should not be made available for the public eye. By the time they realize their mistake; it becomes late and cause problems for the individual. Stalking, identity-theft, personal attacks, and misuse of private information are the most common issues faced by many users on the social media.
  2. Deteriorating relationships – the increasing use of social media is affecting the relationships that people have with their families or their friends. People are now forming artificial bonds and cherishing them over the bond with actual people. The friends on the social media lack the intimacy of the conventional friendship that a person had where one gets to know each other or gets to meet each other face to face.
  3. Cyber bullying– it is the most common thing that people face, especially teenagers, online. Teens have a notion that they have to fit in, or to be popular, or to do have better content than others due to which they have immense stress leading to mental illness. Teenagers mostly use the social media platform to spread rumors about each other, share content that has the potential to ruin someone’s reputation, or to blackmail others.

Truth is beauty And Beauty Truth.

The poetic saying  emphasises the identity of beauty and truth. According to it , only truth represents beauty – a fact which all humans should take note of all their day to day thoughts , proclivities , human and socal dealings , and works of art and science. There are such things as acted truths and acted lies , and these have their impact on human life  as important as those which arise from the spoken or the written word. Truth and falsehood are qualities that belong to the work of our hands , as well as words of our lips and are often more eloquent to the eye than the words can be to ears. They are expressed by our whole personalities , by our characters , by our conduct , by our general conversion with our kith and kin or , friends in the world , and foes . Great truths are often communicated by works of art , literature , sculpture, painting , cartoons , films or other  effective media that permeates the  human mind.

Every portrait painted is either a truth or a lie , or a mixture  of the two. Its beauty depends on the degree of truth , and honesty depicted in it. It also represents the character of the painter . An artist who puts his heart and souls in his work , and applies tones of colour , themes and dedicated motifs , is able to produce a beautiful piece . If his objective is merely mercenary , simply to flatter the onlooker and paint for the sake of getting outward application , in terms of more , his work cannot be called a piece of lasting beauty.
Truth is a beautiful operation , a dynamic thing which does its beneficient work in a personal and social context. On the other hand , a lie is an offensive operation , performed by one man upon other. It resembles robbery and theft. Just as robbery cannot be committed without a victim , so lies cannot be told  without a victim  to be deceived or beguiled . A lie is an offence against logic. It is an offence against the persons to whom it is addressed.
Whatever else truth may be , there is no doubt as to its being valuable , not merely in the sense that it is good to look at , but also it does good to those who see it , know it , and act upon it . Truth is , in other words , a value not residing inertly in the personality that utters it ,  or the work of art that express it . It operates rhythmically , making a difference for the better , to every mind which accepts it . On the opposite end is the lite that makes the personality of the teller as well as of the listener , blurred.
Like Truth , Beauty is dynamic and vital ; no wonder they look to be identical.
It spreads in the whole personality of each individual , his heart , brain , the hormones , the eyes and the ears.  It is not only inspires and also sentimentalises.

Concept of Writs In India

 

A Writ is a formal written order issued by a government entity in the name of the sovereign power. In most cases, this government entity is a court. In modern democratic countries, the administrative authorities are vested with vast discretionary powers. The exercise of those powers often becomes subjective in the absence of specific guidelines etc. Hence the need for a control of the discretionary powers is essential to ensure that ‘Rule of Law’ exist in all governmental actions. The judicial review of administrative actions in the form of writ jurisdiction is to ensure that the decisions taken by the authorities are legal, rational, proper, just, fair and reasonable. Safeguard of fundamental rights and assurance of natural justice are the most important components of writ jurisdictions

Writs are meant as prerogative remedies. The writ jurisdictions exercised by the Supreme Court under article 32 and by the high courts under article 226, for the enforcement of fundamental rights are mandatory and not discretionary. But the writ jurisdiction of high courts for ‘any other purpose’ is discretionary. In that sense the writ jurisdiction of high courts are of a very intrinsic nature. Hence high courts have the great responsibility of exercising this jurisdiction strictly in accordance with judicial considerations and well established principles. When ordinary legal remedies seem inadequate, in exceptional cases, writs are applied.

 

Types of Writs:

 

1. Habeas Corpus:  The meaning of the Latin phrase Habeas Corpus is ‘have the body’. According to Article 21, “no person shall be deprived of his life or personal liberty except according to the procedure established by law”. The writ of Habeas corpus is in the nature of an order directing a person who has detained another, to produce the latter before the court in order to examine the legality of the detention and to set him free if there is no legal justification for the detention. It is a process by which an individual who has been deprived of his personal liberty can test the validity of the act before a higher court.

The objective of the writ of habeas corpus is to provide for a speedy judicial review of alleged unlawful restraint on liberty. It aims not at the punishment of the wrongdoer but to resume the release of the retinue. The writ of habeas corpus enables the immediate determination of the right of the appellant’s freedom. In the writs of habeas corpus, the merits of the case or the moral justification for the imprisonment or detention are irrelevant. In A.D.M. Jabalpur v. Shivakant Shukla , it was observed that “the writ of Habeas Corpus is a process for securing the liberty of the subject by affording an effective means of immediate relief from unlawful or unjustifiable detention whether in prison or private custody. If there is no legal justification for that detention, then the party is ordered to be released.”

 

2. Certiorari: The writ of Certiorari is generally issued against authorities exercising quasi-judicial functions. The Latin word Certiorari means ‘to certify’. Certiorari can be defined as a judicial order of the supreme court or by the high courts to an inferior court or to any other authority that exercise judicial, quasi-judicial or administrative functions, to transmit to the court the records of proceedings pending with them for scrutiny and to decide the legality and validity of the order passed by them. Through this writ, the court quashes or declares invalid a decision taken by the concerned authority. Though it was meant as a supervisory jurisdiction over inferior courts originally, these remedy is extended to all authorities who issue similar functions.

The concept of natural justice and the requirement of fairness in actions, the scope of certiorari have been extended even to administrative decisions. An instance showing the certiorari powers was exercised by the Hon’ble Supreme court in A.K.Kraipak v. Union of India, where the selection was challenged on the ground of bias. The Supreme Court delineated the distinction between quasi judicial and administrative authority. The Supreme Court exercising the powers issued the writ of Certiorari for quashing the action. Certiorari is corrective in nature. This writ can be issued to any constitutional, statutory or non statutory body or any person who exercise powers affecting the rights of citizens.

 

3. Prohibition:  The grounds for issuing the writs of certiorari and prohibition are generally the same. They have many common features too. The writ of prohibition is a judicial order issued to a constitutional, statutory or non statutory body or person if it exceeds its jurisdiction or it tries to exercise a jurisdiction not vested upon them. It is a general remedy for the control of judicial, quasi judicial and administrative decisions affecting the rights of persons.

The writ of Prohibition is issued by the court exercising the power and authorities from continuing the proceedings as basically such authority has no power or jurisdiction to decide the case. Prohibition is an extra ordinary prerogative writ of a preventive nature. The underlying principle is that ‘prevention is better than cure.’ In East India Commercial Co. Ltd v. Collector of Customs, a writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise.

 

4. Mandamus:  The writ of mandamus is a judicial remedy in the form of an order from the supreme court or high courts to any inferior court, government or any other public authority to carry out a ‘public duty’ entrusted upon them either by statute or by common law or to refrain from doing a specific act which that authority is bound to refrain from doing under the law. For the grant of the writ of mandamus there must be a public duty. The superior courts command an authority to perform a public duty or to non perform an act which is against the law. The word meaning in Latin is ‘we command’. The writ of mandamus is issued to any authority which enjoys judicial, quasi judicial or administrative power. The main objective of this writ is to keep the public authorities within the purview of their jurisdiction while performing public duties. The writ of mandamus can be issued if the public authority vested with power abuses the power or acts mala fide to it. In Halsbury’s Laws of England , it is mentioned that, “As a general rule the order will not be granted unless the party complained of has known what it was required to do, so that he had the means of considering whether or not he should comply, and it must be shown by evidence that there was a distinct demand of that which the party seeking the mandamus desires to enforce and that that demand was met by a refusal.”

 

5. Quo Warranto: The word meaning of ‘Quo warranto’ is ‘by what authority’. It is a judicial order against a person who occupies a substantive public office without any legal authority. The person is asked to show by what authority he occupies the position or office. This writ is meant to oust persons, who are not legally qualified, fro substantive public posts. The writ of Quo warranto is to confirm the right of citizens to hold public offices. In this writ the court or the judiciary reviews the action of the executive with regard to appointments made against statutory provisions, to public offices .It also aims to protect those persons who are deprived of their right to hold a public office.

In University of Mysore v. Govinda Rao, the Supreme Court observed that the procedure of quo Warranto confers the jurisdiction and authority on the judiciary to control executive action in making the appointments to public offices against the relevant statutory provisions; it also protects a citizen being deprived of public office to which he may have a right.

Welcome to New Education System 2020

 Thus to meet the need of 21st century , School education System  is  to convert  it to a 5+3+3+4 system  with 3 years  as pre -schooling. In a federal system , any reform can be made only with some  support from state and centre  who have taken the task of building an ambitious Plans. This process will help in eliminating  process of pedagogy , Structural inequalities and rampat commercialisation.  There will be  school examinations in  Grades 3 , 5 and 8  conducted by appropriate authority . A new  national Assessment centre  prakash will set up as  a standard -setting body  and thus the old system of examination of Grade 10 and 12  is  gonna re -designed.

The union cabinet on Wednesday  approved the New  Education policy . One of the major decision , the cabinet has renamed  the ministry of Human Resource and  Development  as ministry of Education. This decision of changing name came due to  recommendations listed in draft  on New Education Policy .
We already know about our education system ,regarding the poor literacy and Numeracy outcomes ,Drop out levels in middle  and Higher education failed to meet the aspirations for multi disciplinary Programmes.
Lets   speak  about  new reforms – 
1.Board  exams will test your  actual knowledge  and  not from root .
2.Mother tongue will be available till 5th standard  as instructions 
3.Report card will be on  skills  rather than on mere marks  and statements .
4.Pedagogical structure  reformed   as there will be no streams available
5.All seperation between vocational, acedemic , Curricular , Extra – curricular Will also be removed.
 
It is a new  national curriculum framework  for ECE , adult Education , and teachers.
  
360 Degree Hostilic progress card of child. It is tracking children to progress their Learning Outcomes. NTA to introduce common  enterance examination for admission to  HEIs. National professional standards for teachers . Book promotion policy and Digital  libraries. Transparent online self disclosure  for public oversight and  accountability.Public investment to reach 6 %  in Education sector . Fee fixation with Board regulation system .NEP will generate little friction like provision of an energy -filled breakfast , in addition to the nutritious mid – day meal , to help children achieve better learning outcomes. Creation of inclusion funds to help socially  and educationally disadvantaged people for pursuing Education.
Reforms in Higher Education
1.UG Programme -3 to 4 years 
2. P G programme -1 to 2 years
3 . M phil to be discontinued
4.Integrated 5 years bachelor’s / masters
 5. Multiple entry and exit 
6. Credit transfer
7. Flexibility of subjects 
8. Autonomous degree granting college.
9. All degrees will be of 4 years.

 Among all others , the deadline of achieving universal literacy and numeracy by 2025  should be a top priority goal  for progress. Bagless day to be encouraged throughout  the year for school students . The three languages will be learnt by students on their choice , state and region. Variable model for semester , annual and module papers. Exam will be twice a year, no more board  exam stress.
 The present Education system runned for 34 years from  1986 , its  after 34 years  new reform introduced in educational line. Our Government have the vision of creating  the country with youth ‘s of high quality education  and make global superior knowledge country.