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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.

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.