World Nature Conservation Day

‘The Earth is a fine place and worth fighting for’Ernest Hemingway

Indeed it is. Today, 28th July, 2020 marks the World Nature Conservation Day, a day when we pledge to provide ultimate protection to our Mother Earth and its bountiful resource. This day is celebrated to create an awareness that it not always justifiable to always use the natural resources but it is also essential to give back to the nature. Our resources – air, water and trees, is continuously depleting due to man-made activities and this day essentially reminds us that we should adopt sustainable practices to prevent dwindling of these natural, yet depleting resources.

July 28th was initially introduced as a day to educate people about the best practices to protect the natural resources on the earth and also to create an awareness that Earth only has a limited resources to cater to the upcoming human generations.

Part 39 >> July 28, 2017 " World Nature Conservation Day " — Steemit

To embark upon the World Nature Conservation Day, as inhabitants of this earth, we can adopt some very simple measures at individual and at group level. Some of these measures are:

  • Reduce plastic use. Be it buying groceries or food delivery or throwing away our sanitary pads, we should be concerned with plastic use and substituting by either paper or cloth bag. Used plastic thrown out as garbage usually ends up in water bodies and landfills, causing death of marine life, organisms and land animals mostly due to choking. It is not biodegradable and natural process takes years for the plastic to degrade.
  • Reduce electricity consumption. Dams built across the rivers might generate thousands of watts of electricity which is a renewable source of energy but it is harmful for the marine life. Records show that it disrupts the water ecosystem which will ultimately affect the human life, at least in the long run. So care has to be taken to minimize or stop the use of electrical appliances, unless there is an emergency.
  • Tactical management of waste. Ensure to desegregate the daily wastes into degradable and non-degradable before dumping it into the ground. Human beings should religiously follow reduce, reuse and recycle mantra for waste management.
  • Reduce water consumption. In some countries, we receive water as if it is our birth right but other countries sweat to just receive a mug of it. We should ensure justified consumption of water so as to allow equitable distribution across all geographic nations.
  • Plant trees but save paper. Our world is getting depleted of trees day by day. A suggestion here is that each individual should take the onus to plant one sapling once a year, anywhere on this earth. Isn’t is satisfying to nurture it from time to time and to see it grow every day? But just growing trees is not a feasible solution if we do not take a chance to protect it. One way is to switch over to digital mode for reading like e-newspaper and e-books rather than going out and buying books and newspaper. Consequently, while shopping for groceries, switch to cloth bag which can be used multiple times, rather than single use of paper or plastic bags.

These are the few ways by which we can protect our Earth and the limited resources that it possess. And just by pledging to protect will not work unless we modify our shopping, eating and especially our consumer habits.

Source: https://www.hindustantimes.com/more-lifestyle/world-nature-conservation-day-2020-history-significance-how-to-live-sustainably/story-HWYhl06t7oYlZtFmT3RSJI.html

SECTION 10 AND 11, COMPETENCY TO CONTRACT

WHAT IS A CONTRACT?

The contract is an agreement between various parties which is validated and framed by Indian Contract Act, 1872. It defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law”. An agreement is a deliberate, mutual, legally binding between two or more competent parties. The Agreement creates reciprocal legal obligations between two private parties. Generally, contracts are written, but they may be implied or spoken. A contract is therefore a legal agreement that provides special rights (as specified by the contract itself) to the parties as well as responsibilities that all parties to the contract have created, established, and agreed upon.

SECTIONS 11 AND 12 AS GIVEN IN ICA,1872

SECTION 11: Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject.

SECTION 12: A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.”

A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.

A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. 

PROVISIONS UNDER SECTION 11

  • Attaining the age of majority
  • Sound minded
  • Not a disqualified person by law from contracting

ATTAINING THE AGE OF MAJORITY

The age of majority in India is specified as 18 years, according to the Indian Majority Act of 1875. Any person who has not reached 18 years of age and is a resident of India is considered a minor.

Contract with minor is void

Because a person under the age of 18 does not have the potential to enters a contract, any agreement entered into with a minor is void or void ab-initio.  However, if a minor entered a contract, he cannot ratify it even though the majority has been reached because the contract is invalid.

Conditions when contract with minor is not void

A minor could be a beneficiary of a contract:

While a minor may not be able to enter into a contract, he may be the beneficiary of one.

A minor is always given the advantage of being a minor:

Even if a minor falsely represents himself as a major and takes a credit or enter into an agreement, he may plead a minority.  The estoppel rule will not be extended against him/her.

Contract by a guardian:

In certain conditions, the guardian of a minor may enter into a valid contract on behalf of the minor. Such a contract entered into by the guardian for the benefit of the minor.

Insolvency:

A minor cannot be declared insolvent because he cannot afford debts.

A Minor and an Adult shared contract:

In the case of a joint contract between an adult and a minor, performed on behalf of the minor by the guardian, the adult shall be held liable for the contract.

SOUND MINDED PERSON

According to Section 12 of the Indian Contract Act , 1872 describes the principle of soundness of brain as follows:

A person is said to have a sound mind if he or she is capable of comprehending the contract and its effect on his or her interests. Besides, who is typically of a sound mind, but occasionally of an unsound mind, cannot enter a contract during the period of his/her unsound mind. Similarly, a person who is normally of an unsound mind, but occasionally of a sound mind, can make a contract when he is of a sound mind.

Analogy between English law and Indian law:

In England, mere unsoundness of mind is no defense; a lunatic’s contract is binding on him, unless he can prove that he was entirely incapable of comprehending what he/she was doing at the time of entering the contract and that the other party was known to his/her lunaticism. In India, the contract of a person with an unsound mind is void.

PERSONS DISQUALIFIED BY LAW

A person who is blacklisted person by law. Grounds for disqualification by law include political affiliation, legal status, etc. Some of such people are foreign sovereigns and ambassadors, alien enemies, convicts, insolvents, etc.

Alien enemy: A person who is not an Indian citizen is called an alien or non-citizen of the Republic of India. An alien enemy is a person whose country is at war with India.

Convicts: A convict is a person, who is sentenced by a competent court to the death sentence or imprisonment.

Insolvent: There is no prohibition against a contract by an insolvent after the insolvency proceedings have commenced but before adjudication.

Foreign sovereigns and diplomats: Foreign sovereigns have some special privileges. Generally, they cannot be sued unless they, themselves surrender under the jurisdiction of the Indian court of law.

Corporations: A corporation’s ability to establish a contract varies according to the corporation’s character. A corporation is an artificial entity created by law and is capable of contracting but its contractual power is subject to the limitation.

CONCLUSION

Some of the most important conditions for making an arrangement legal and enforceable in a court of law is the integrity of the parties to contract.

A contract made by a person who does not have the intellectual capacity to understand the meaning of the contract and its effects is void ab initio. In the other hand, arrangements with lunatics can / may not be void for persons under the influence of the drug depending on the circumstances surrounding the case.

A person regains the legal capacity to contract if any of the disqualifications are removed.

PAKALA NARAYAN SWAMI V. EMPEROR AIR 1939

INTRODUCTION

Examination of accused defined under section161 Cr.PC is prevalently known as interrogation. The object of examination of witness u/s.161 CrPC is to generate the evidence before the court at the time of trial as per section 162. Further, these statements are beneficial for the court for framing the charge. Before trial commences copies of these statements recorded by the police should be delivered to accused without costing any charge. Confession is deliberate admission of fault by the accused person.

The term statement is not defined in the Code of Criminal Procedure but its dictionary meaning is the act of stating or reciting. Section 161 and 162, deals with the oral examination of witnesses by police, the record to be made of the statements and their use subsequently.  These sections authorize the police to examine witnesses during the course of an investigation. Any person who is supposed to be acquainted with the facts and circumstances of the case maybe examined orally and such statement can be used in court as an evidence after fulfilling required conditions. The words “any person” used in Section 161 (1) also include a person who maybe accused of the crime and suspects. This is held by the Privy Council in the case:  Pakala Narayana Swami v. Emperor.[1]

ABOUT THE CASE LAW

COURT OF JUSTICE: Bombay High Court

NAME: Pakala Narayana Swami vs Emperor

DECIDED ON: 19 January, 1939

CITATION: (1939) 41 BOMLR 428

BENCH OF JUDGES:  Justice Atkin, Justice G Rankin, Justice Porter, Justice Thankerton, Justice Wright

FACTS:

An appeal by special leave from a judgment of the High Court of Patna who affirmed the decision of the Sessions Judge at Berhampur who had convicted the appellant of the murder of one Kuree Nukaraju and sentenced him to death. The accused, his wife, his wife’s brother, and his clerk living at his house were charged with the murder before the Sub-divisional Magistrate, Chatrapur, in May and June, 1937. After hearing the evidence the examining Magistrate discharged all the accused holding that there was no sufficient evidence to support the charge. Thereupon the Sessions Judge, Berhampur, exercising his powers under the Code of Criminal Procedure, called upon the accused to show cause why they should not be committed for trial, and in July, 1937, ordered the present accused and his wife to be committed to the Court of Session to stand their trial for offences under sections of the Indian Penal Code 120B (conspiring to murder) 302 (murder) and 201 (causing evidence of an offence to disappear). At the trial the Sessions Judge acquitted the appellant’s wife of all the charges but convicted the appellant of murder and sentenced him to death. The appeal is based upon the admission of certain evidence said to be made inadmissible by provisions of the Code of Criminal Procedure and the Indian Evidence Act; and is further maintained upon the contention that whether the disputed evidence be admitted or not, and certainly if it ought to have been rejected, there is no evidence sufficient to support this conviction.[2]

It will be observed that “the circumstances” are of the transaction which resulted in the death of the declarant. In the present case the cause of the deceased’s death comes into question. The transaction is one in which the deceased was murdered on March 21, or March 22, and his body was found in a trunk proved to be bought on behalf of the accused. The statement made by the deceased on March 20 or 21 that he was setting out to the place where the accused lived, and to meet a person, the wife of the accused, who lived in the accused’s house, appears clearly to be a statement as to some of the circumstances of the transaction which resulted in his death. The statement was rightly admitted.

ISSUE:

It is now necessary to discuss the question whether the alleged statement of the accused to the police before arrest was protected by Section 162 of the Code of Criminal Procedure which provides [Sub-section (1)] :

No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police-diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made.

RELEVANT INFORMATION:

After giving powers to certain police officers to investigate certain crimes, the Code proceeds in:

Section 160, which gives power to any police officer making an investigation by an order in writing is required to take the attendance before him of persons who appear to be acquainted with the circumstances of the case.

Section 161, allows examination of witness by police.

SCOPE OF SEC.161 ( Cr.PC) STATEMENTS:

Recording of Statements of Witnesses: The Police Officer making an investigation should himself customarily inspect any person and record his statement during that investigation. However, in the cases where it is unfeasible, the Head Constable or the writer connected with the Police Station may record the statements of witnesses. In that case both the recording officer and the investigating officer should sign the statement recorded under section 161 (3) Cr.P.C. Under this section, administering oath or affirmation is not obligatory in an examination.

Here expression ‘any person’ includes accused also. Therefore, persons to be examined include whosoever may subsequently be accused of the offence in respect of which the investigation is made by the police officer. The person examined in the course of a police investigation is obliged to answer all questions put to him “other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.” Accused has got right to remain silent as he got ‘right against self incrimination’ as per S.161 (2) CrPC and Article 20 (3) of Indian Constitution. The person questioned is legally bound to state the truth. However, if a witness examined by the police does not give answers to the questions, he can be punishable u/s.179 IPC or if he gives false information, he can be punished u/s.193 IPC.

The statements of all witnesses (which are familiar with the facts and circumstances of the case and they may have to be cited as witnesses in the court) are desirable to be reduced into writing. The statement of each witness should be recorded separately. Statements recorded by Police Officers should not be in the indirect form of speech, as per Sec.161 (3) Cr.P.C. The language of Sec.162 Cr.P.C and S.145 of Evidence Act clearly point outs that the writing should be describable as a statement of the witness himself also it should be as nearly as possible, a complete record of what he has said. Sec.161 (3) Cr.P.C read together with Sec.173 (3) Cr.P.C clearly indicates that separate statements of all persons whom the prosecution proposes to examine as its witnesses should be recorded and copies thereof must be given to the accused before the instigation of the inquiry.

Evidentiary Value of statements recorded The statements recorded by the police u/s.161 CrPC are not evidence for prosecution. They can be used by the defense for oppose the prosecution witnesses. However, when the prosecution witness turns hostile with the permission of court, the Public Prosecutor can cross-examine that witness by using his Sec.161 statements to determine contradiction. But when Sec.161 statements falls u/s.27 or u/s.32 (1) of Indian Evidence Act, then those statements can be used by prosecution as an evidence. Sec.161 statements are not substantive evidence. Statement of injured witness was recorded as dying declaration but he survived, then such statement has to be considered as Sec.161 statements. But Sec. 161 statements can be treated as dying declaration if that person dies. Sec.161 statements cannot be used against the accused in criminal cases. They shall not be used for any purpose except to contradict a witness in the manner prescribed in the proviso to Sec. 162 (1). Under Sec.161 & Sec.162 Cr.P.C the Witness is not confronted with the statement. The Court cannot subsequently use the statement even for drawing any adverse impression against the witness. If thumb impression or signature is not obtained, such statements are fallacious. Signing of statement merely puts the Court on prudence and may necessitate in depth inspection of the evidence, but the evidence on this account cannot be rejected outright. Hindrance in examination of witnesses by police u/s.161 CrPC, if properly explained, is not lethal to the prosecution case


[1] AIR 1939 PC 47

[2] https://indiankanoon.org/doc/516808/

Corruption as a Violation of International Human Rights

1 Statement of the Problem

Corruption is high on the human rights and development docket. The UN General Assembly’s Agenda 2030 for sustainable development of 2015 asks all states to ‘substantially reduce corruption and bribery in all their forms’ and to return all stolen assets by 2030.1 In their official contributions to this Agenda, the Human Rights Treaty Bodies have ‘identified mismanagement of resources and corruption as obstacles to the allocation of resources to promote equal rights’.2 In fact, countries with high rates of corruption are the ones with a poor human rights record.3 For instance, the states ranked lowest on Transparency International’s Corruption Perceptions Index of 2017 are Syria, South Sudan and Somalia, all of which have massive human rights problems.4

Against this background, both practice and scholarship have pursued a ‘human rights-based’ approach to corruption.5 The key documents of the United Nations (UN) ground this approach on the assertion that corruption has a ‘negative impact’ on the enjoyment of human rights,6 that corruption ‘undermines’ human rights,7 that it has a ‘grave and devastating effect’ on the enjoyment of human rights,8 that ‘[c]orruption in government, institutions and society at large is a significant obstacle to the enjoyment’ of human rights9and that violations of human rights covenant rights are ‘facilitated where insufficient safeguards exist to address corruption of public officials or private-to-private corruption’.10Concomitantly, it is asserted that the human rights lens ‘provides a valuable normative framework’ to address corruption.11 This assertion by the UN human rights institutions has been questioned, and the human rights-based approach has been criticized for its ‘lack of conceptual clarity’.12

Addressing this controversy, this article seeks to examine the legal quality of the assumed ‘link’ between corruption and human rights, the exact legal consequences of a human rights-based approach, its added value and its drawbacks. Importantly, we need to distinguish the vague idea of a ‘link’ between corruption and human rights from the sharper legal claim that under certain conditions a corrupt act (or the toleration of corruption) itself may constitute an actual violation of human rights.13I will investigate this latter claim through a positive and a normative analysis.14 The doctrinal question of positive law is: Can corrupt conduct be properly conceptualized as a violation of international human rights (part 2)? The normative question is: Should corrupt acts be conceptualized as human rights violations? My answer is that such a reconceptualization is legally sound as a matter of positive analysis, although very difficult doctrinal problems arise. The normative assessment is ambivalent, but, with all caution, I would say that practical benefits of the conceptualization outweigh the risk of reinforcing the anti-Western scepticism towards the fight against corruption (part 3). Part 4 examines the remedies against corruption-based human rights violations in the form of monitoring and enforcement. Part 5 concludes that the re-conceptualization of corruption not only as a human right issue but also as a potential human rights violation can contribute to closing the implementation gap of the international anti-corruption instruments but that expectations should not be overdrawn.

The proposal to infuse corruption with human rights aspects responds to the moderate success of the existing international anti-corruption instruments – at least 10 international and regional treaties with various additional protocols as well as soft law.15 Their emergence in the 1990s, in turn, was a reaction to the globalization of corruption itself, to the insight that instances of grand corruption, in particular, had inevitably acquired transboundary elements. The USA championed a treaty to criminalize foreign bribery and succeeded in persuading a large number of states within the Organisation for Economic Co-operation and Development (OECD) to adopt an Anti-Bribery Convention in 1997.16The primary goal at the time was to eliminate the unfair competitive advantages of companies paying bribes in the new markets, especially of Eastern Europe. In 2003, the UN Convention against Corruption (UNCAC) was adopted, and, in September 2018, it counted 186 state parties.17

A leading authority on corruption mentions the following goals of international anti-corruption policy: first, to improve the functioning of the global markets; second, to promote economic growth; third, to reduce poverty and, fourth, to safeguard the legitimacy of the state.18 Anti-corruption has largely been merged with the good governance agenda19 and the development discourse. And because good governance, as well as development, is in turn nowadays often analysed through a human rights lens, this type of analysis suggests itself for anti-corruption too.

2 Can Corruption Be Conceptualized as a Human Rights Violation?

A Defining Corruption

Corruption is not a technical term; it is typically not considered a criminal offence in criminal codes around the world, and it also does not have a legal definition in international treaties. The most common definition is the one by the non-governmental organization (NGO) Transparency International, according to which corruption is the abuse of entrusted power for private gain. Such abuse may happen on the level of day-to-day administration and public service (petty corruption) or on the high level of political office (grand corruption). These terms do not mark a legal distinction but merely describe variations of the same theme. Often, a particular scheme of corruption permeates the various levels of public administration and thus links both forms of corruption. Because of the growing power of large corporations and non-state actors such as the Fédération Internationale de Football Association (FIFA), the abuse of obligations arising from private law, in a private law-based principal–agent relationship, is also increasingly qualified as corruption. The relevant criminal offences are active and passive bribery, criminal breach of trust, graft, illicit enrichment, and so on. In the private sector, offences are called ‘private-to-private bribery’ or ‘commercial bribery’ and may include anti-competitive practices and regulatory offences.

B Whose Human Rights?

Traditionally, bribery – the prototypical form of corruption – has been considered a ‘victimless crime’.20 According to legal doctrine, the injured party is first of all the public. Can the bribe giver be considered a victim too? This does not seem to be the case where the victim takes the initiative to bribe and/or then blackmails the receiver. However, the briber may be victimized in many constellations of corruption. If the graduate of a public school has to pay the secretary a bribe to receive her diploma, or if she has to pay for additional private lessons from a teacher who indicates that she will not pass the examination otherwise, then she is a victim – not a perpetrator – at least in terms of human rights. Her consent to the illegal quid pro quo is the result of a desperate situation; the consent of the student (or of her parents) is not ‘free’ but, rather, is coerced.

In public procurement, the unsuccessful competitors are the potential victims if they are not awarded the contract due to extraneous criteria, at least if they have a concrete expectancy to the contract and not merely abstract prospects. Clients and end users are often also adversely affected by corruption in public procurement if they have to pay higher prices or if they receive a product that is not worth the money because funds have been diverted during the production process. From the perspective of social human rights whose proper fulfilment comprises the element of ‘affordability’ (such as the affordability of essential medicine as a component of the human right to health), the fact that bribery in procurement processes may make medicine more expensive could be seen as a human rights violation.21 Related questions are how corruption may affect the property and investor rights of the successful bidders. The assessment will differ depending on whether the bidder has won the tender through corruption or whether his investment has been tampered with later by corrupt acts of the host state. These questions will be discussed in section 3.C below.

In the political process, voters are adversely affected by candidates’ financial dependence on major donors if the candidates are politically indebted to the donors after the election and if voters are unaware of those vested interests. Overall, the examples show that human rights of various types of persons in manifold social settings might be concerned by corruption. The key question then is whether persons who are affected directly or indirectly are sufficiently individualized to be qualified as ‘victims’, and that question must be examined in each scenario and cannot be answered in the abstract.

C Which Human Rights?

The next question is which human rights are involved. This question is important because the idea here is not to propagate any (new) human right to a corruption-free society.22Such a right is neither acknowledged by legal practice nor is there a need for it. Rather, corruption affects the recognized international human rights as they have been codified by the UN human rights covenants. In practice, social rights are most affected, especially by petty corruption. For example, corruption in the health sector affects the right of everyone to the highest attainable standard of health (Article 12 of the International Covenant on Economic, Social and Cultural Rights [ICESCR]); in the education sector, the right to education (Article 13 of the ICESCR) is at issue.23

Liberal human rights may also be undermined by corruption; if a prisoner has to give the guard something in return for a blanket or better food, then the prisoner’s basic right to humane conditions of detention (Article 10 of the International Covenant on Civil and Political Rights [ICCPR]) is affected.24 If, as most observers tend to think, the current surge in human trafficking is made possible and facilitated primarily by corruption that induces police and border guards to look the other way, then this affects the human right to protection from slavery and servitude (Article 8 of the ICCPR).25 Obviously, corruption in the administration of justice endangers the basic rights to judicial protection, including the right to a fair trial without undue delay (Article 14 of the ICCPR).26 Or the human right of association and the (labour) right to organize (Article 22 of the ICCPR and relevant International Labour Organization [ILO] conventions) may be affected by bribes offered by industry to the officials of a ministry of labour in order to facilitate the resignation of a union leader, as a labour complaint in Indonesia alleged.27 In other cases of grand corruption and foreign bribery, however, the implications for human rights – such as the effect of nepotism on the right to equal access to public offices (Article 25(c) of the ICCPR) – are less clear.

D Violations?

The next question is whether it makes sense to speak of human rights violations. Only a few reports and governmental statements do so.28In the predominant practice of the UN, only weaker vocabulary is used to make the connection, both in the strategic documents – such as the new reports of the Human Rights Council – and in the country-, issue-, or individual case-specific monitoring practice of the Treaty Bodies and the UN Charter-based Human Rights Council.29

Typical for the prevailing approach is a 2010 judgment by the Economic Community of West African States (ECOWAS) Court of Justice in a proceeding instituted by a NGO on corruption in the education sector of Nigeria. The Court stated that corruption in the education sector has a ‘negative impact’ on the human right to quality education, as guaranteed by Article 17 of the African Charter of Human and People’s Rights but does not per se constitute a violation of that right.30 The Court viewed corruption, first of all, as a matter of domestic criminal and civil law, but not of international human rights law, and with which the domestic courts should deal. Corruption does not (or not in the first place) fall within the jurisdiction of the regional human rights court of ECOWAS, the Court said.31

In contrast, those domestic courts that have significantly shaped the legal contours of social human rights – namely, the Indian and South African constitutional courts – tend to assert, rather than explain properly, that and how corruption violates human rights. For instance, the Constitutional Court of South Africa held that ‘[c]orruption and maladministration are inconsistent with the rule of law and the fundamental values of our Constitution. They undermine the constitutional commitment to human dignity, the achievement of equality and the advancement of human rights and freedoms’.32 In a 2012 judgment, the Supreme Court of India held that ‘[c]orruption … undermines human rights, indirectly violating them’ and that ‘systematic corruption is a human rights’ violation in itself’.33 From a legal standpoint, it is crucial whether a situation is qualified as merely ‘undermining’ human rights – for example, in a general monitoring report – or whether it constitutes a true rights violation that could be declared unlawful in individualized enforcement proceedings (see section 4 below).

E Which State Obligations?

In order to determine whether there is a violation of human rights through corrupt state action, we have to examine the three kinds of obligations – namely, the obligations to respect, protect, and fulfil human rights. The obligation to respect is essentially a negative obligation to refrain from infringements. The obligation to protect primarily refers to protection from dangers emanating from third parties. The obligation to fulfil requires positive action by the state. The UN Committee on Economic, Social and Cultural Rights divides the latter obligation into the three subcategories of facilitate, provide, and promote.34

Next, we have to clarify exactly to which actor the obligations are attached. We must distinguish two points of contact in this regard: first, the specific corrupt conduct of an individual official that is attributed to the state due to the official’s status and, second, the general anti-corruption policy of the state as a whole as an international legal person. A corrupt act by an individual official may, depending on the context and the human right in question, potentially violate each of the mentioned dimensions of obligation. If, in the context of the implementation of a land-use plan, an official forcibly evacuates people who do not pay a bribe, then this may violate the right to housing (Article 11 of the ICESCR) in the negative dimension of the obligation to respect. If, for instance, the employee of a registration office refuses to hand over a passport without an additional bribe, then the right to leave the country (Article 12(2) of the ICCPR) may be violated in the positive dimension of the state obligation to facilitate.

1 Obligations of the State to Protect

In the following discussion, I will focus on the macro-level – on the state as a whole (not on individual officials). How must the lack of effective anti-corruption measures be qualified? The deficient implementation, application, and enforcement of effective anti-corruption measures essentially constitute an omission by the state. Because human rights give rise to the above-mentioned obligations to become active, omissions may violate human rights.35 Concomitantly, effective anti-corruption measures may be considered a way to comply with one of the three facets of the positive obligation to fulfil (facilitate, provide, promote).

More relevant than the obligations to fulfil, however, are the facets of the obligation to protect human rights. In principle, these protective obligations are addressed to all three branches of government. They obligate the legislative power to enact effective laws, the executive power to undertake effective administrative measures, and the judicial power to engage in effective legal prosecution. The case law of the international bodies is not entirely clear in answering the question of whether obligations to protect – especially, the obligations to amend laws for closing legal gaps or to prosecute – are mirrored by individual rights of the victims.36 The obligation to protect was developed in regard to dangers emanating from third parties, such as economic operators. The obligation to protect is thus suitable to provide additional human rights support for the criminalization of foreign bribery demanded by the OECD’s Anti-Bribery Convention.37 State obligations to protect in regard to the activities of transnational corporations, grounded in human rights, are set out in the soft law of the 2011 UN Guiding Principles of Business and Human Rights.38

The obligation to protect under human rights law not only requires the state to protect individuals from the acts of other private persons but also reduces structural human rights risks in which the state’s own officials are involved. For instance, in the case of police violence contrary to human rights, the European Court of Human Rights (ECtHR) demands that the state investigate and prosecute after such incidents.39 Rampant corruption constitutes a permanent structural danger to numerous human rights of persons subject to the power of officials. Therefore, in cases involving the complete inaction of the state or evidently deficient anti-corruption measures, the state is responsible under international law for its failure to discharge its human rights obligations to prevent and protect.40

The acknowledgement of the human rights obligations would significantly strengthen the specific preventive obligations under anti-corruption law. Chapter 2 of the UNCAC requires the states parties to adopt a series of preventive measures, ranging from the establishment of an anti-corruption body and the reorganization of public service to the enactment of codes of conduct for public officials, the reorganization of public procurement and the prevention of money laundering. From the perspective of general international law, these are obligations to prevent. Because the formulation of the UNCAC obligations is rather soft, it is hardly possible to hold a state party internationally responsible if it fails to fulfil its obligations or does so only poorly. But if we interpret the UNCAC obligations in conformity with human rights law (Article 31(3)(c) of the Vienna Convention on the Law of Treaties),41 it becomes apparent that the measures mentioned here must in fact be taken in an effective way in order to fulfil the obligations to protect and to fulfil (including to prevent) grounded in human rights law.42

2 Procedural and Result-Independent Obligations

Cutting across the three dimensions of human rights obligations, procedural obligations arise from all the types of human rights. In the case law of the ECtHR, these constitute the ‘procedural limb’ of the rights under the ECHR. Within the scope of social human rights, they are referred to as ‘process requirements’.43Here, one of their functions is to serve as an indicator for the fulfilment of the progressive obligation to implement, which is very difficult to measure. Procedural elements are also central to combating corruption. The human rights process requirements that are most relevant here most likely include planning obligations44 and monitoring obligations.45Transparency obligations are especially important. Not coincidentally, the best-known anti-corruption NGO in the world is called Transparency International. Transparency is also a fundamental principle of the UNCAC.46Accordingly, the procedural obligations under the UNCAC, especially the disclosure and publication requirements, which can be an effective way to curtail corruption, are equally grounded in human rights.47 Viewed in this light, failure to satisfy these obligations simultaneously constitutes a violation of the relevant human rights. A follow-up question is whether a corrupt state violates its obligations of protection and its procedural obligations only when and if individual acts of corruption are (or continue to be) in fact committed. In the context of the international obligations to prevent, it depends in principle on the specific primary obligation whether ‘prevent’ means that a state must in fact avert the undesirable result or whether the state is merely obligated to employ all reasonable and appropriate means in the sense of a due diligence obligation that is independent of the result.48

The anti-corruption obligations under human rights law mentioned above are best understood as result-independent due diligence obligations. This both corresponds to general human rights law49 and establishes a parallelism to criminal law. Bribery and other offences that we summarize under the umbrella of corruption are, generally speaking, ‘endangerment offences’. This means that they criminalize conduct that endangers legally protected interests even if that conduct does not produce a specific harmful consequence. This is appropriate to the legal good that was traditionally the only one protected by the criminalization of corruption – namely, the integrity of the public service, because it is usually impossible to determine whether a tangible harm has in fact occurred. If the bribing of a public official does not entail that the briber is granted a doctor’s appointment faster than without the bribe, or if a briber does not receive a building permit exceeding the official’s normal discretion, then the bribes would, in a non-technical sense, be ‘unsuccessful’. Nevertheless, the trust in the public service has been undermined, and, for this reason, the unlawful agreement should be punished as bribery. In the courts, this rationale is referred to as follows: ‘Justice should not only be done, but should manifestly and undoubtedly be seen to be done.’50 The situation here is different than for the obligation to prevent genocide, for example. In that case, the International Court of Justice (ICJ) held that ‘a State can be held responsible for breaching the obligation to prevent genocide only if genocide was actually committed’.51 This difference in assessment is justified because genocide is a result offence in terms of criminal law, as opposed to an endangerment offence.

Conversely, the obligation (also under human rights law) to combat corruption, as follows, for instance, from the UNCAC, does not require states to stop corruption entirely. The satisfaction of such a ‘negative’ obligation of result (and the measurement of such a result) would be impossible, given that the realization of a low level of systematic corruption is not a one-time success. It is, in contrast, easy to determine that a genocide, for instance, has not been committed. Consequently, this means that a state already violates its preventive and other procedural obligations under both anti-corruption law and human rights law if it fails to act, even if the level of corruption is low despite the laxity of the state. Conversely, a state is released from international responsibility if it takes reasonable protective measures, even if the state is not entirely ‘clean’.

F Corruption as a Violation of the Fundamental Obligations Set Out in Article 2(1) of the ICESCR

Under certain circumstances, corruption (both petty and grand) must notably be considered a violation of the ICESCR. As mentioned above, corruption – for example, in the police force and the judiciary − also affects human rights enshrined in the ICCPR. But this section concentrates on the ICESCR because the legal determination of a violation of this covenant is particularly challenging. Article 2(1) of the ICESCR, which sets out the fundamental obligations of the states parties, contains four components that are subject to monitoring by the treaty body, the Committee on Economic, Social and Cultural Rights (CESCR). Each component is a starting point for specific state obligations, including in the field of anti-corruption. Each of these obligations may become difficult or impossible to fulfil in the circumstances of grand or petty corruption.

The first element – the core obligation – is ‘to take steps’. These steps, according to the CESCR, must be ‘deliberate, concrete and targeted’.52 It is easy to see that the steps to be taken must include the elimination of obstacles to the realization of economic, social and cultural rights. Because corruption constitutes such an obstacle, states are in principle required by the ICESCR to take anti-corruption measures.53 The Inter-American Commission on Human Rights, for instance, in its guidelines for national reporting, considers ratification of the Inter-American Convention against Corruption and the existence, powers and budget of a domestic anti-corruption authority to be structural indicators for national progress reports.54

The second component of the implementation obligation set out in Article 2 of the ICESCR is that the state party must take these steps ‘with a view to achieving progressively the full realization of the rights recognized in the present Covenant’. This component obligates parties to grant a certain priority in the allocation of resources to the realization of human rights.55 The misappropriation of public funds at the highest level violates this obligation because in such cases the financing of the standard of living of high-level public officials is given priority over the realization of social human rights.56

The third element is to exhaust all possibilities the state has at its disposal (‘to the maximum of its available resources’). Primarily, the state party itself defines which resources are available and what the maximum is. However, according to the Limburg Principles, the CESCR may consider the ‘equitable and effective use of … the available resources’ when determining whether the state party has taken appropriate measures.57 The component likewise gives rise to a prohibition against the diversion of resources that were originally dedicated to social purposes.58 Indeed, embezzlement and insufficient measures against embezzlement divert funds from social budgets and, thus, breaches this state obligation.59 Corruption further reduces the ability of governments to generate maximum resources, including through international cooperation, by making countries less attractive to donors and investment.60 In their concluding observations on individual states, the various human rights treaty bodies regularly refer to the feedback loop between combatting corruption and devoting sufficient resources to the protection of human rights.61

In fact, grand corruption deprives the state of resources in an ‘inequitable’ way. This is evident when funds are directly misappropriated from the government budget. This also occurs in the case of excessive infrastructure projects or ‘white elephants’ and the exaggerated purchase of military equipment. When developing buildings, roads, airports, and so on of an inferior quality, the funds intended for construction materials can easily be diverted by high-level employees of the government purchasers. Petty corruption likewise indirectly deprives the state of resources by discouraging tax compliance.62The affected persons do not see why they should have to pay the government twice – once through taxes and once directly to corrupt public officials. Even an extremely inflated budget appropriation for the government’s public relations work may already be inequitable if the members of parliament approving the budget know that the budget item is being used to divert funds, typically by way of accepting inflated invoices from consulting companies paid by government agencies, whereupon the consultants transfer the money back to the private accounts of the ministry officials (kickbacks). It must be decided from case to case when the obligation to use all available resources as set out in Article 2(1) of the ICESCR has been violated.

The fourth component of the fundamental obligation set out in the ICESCR is to employ ‘all appropriate means’, to which I will come back in section 2.J below. Whenever the state party fails to comply with any of these obligations,63 it is in non-compliance with the covenant. In the final analysis, the CESCR could, lege artis and as a way of continuing its own practice and that of the state parties, use the existing monitoring procedures to make the authoritative determination that a state that pursues an evidently deficient anti-corruption policy in the face of rampant corruption is violating its fundamental obligation arising from the ICESCR.

Life of a teenager:

After childhood, introducing oneself to a teenage lifestyle sounds so thrilling, full of opportunity. Yet the more pleasurable it looks from the outside, the more terrifying it becomes from the within. Delighted only for those who know how to treat things skilfully without getting influenced by the teenagers around. Terrified for others who make themselves hate their peers and turn their lives unbearable.

So let talk about life of teenage:

A teenager’s experience appears to evolve every day. It’s the worst phase of your experience to be a adolescent in certain respects. This is the period of your life in which you seek to describe who you are not only to those around you, but even to yourself. The teens are grappling with appearance, gender identification, self-confidence, and lots of emotional issues.

One minute a adolescent appears to be involved in a new activity, a topic at school, or a form of music, just to totally change their gears to the next. Before their teenage years, these teens concentrated on learning, playing, and getting their parents’ permission. Yet today, as teenagers move towards becoming young adults, the previous aspirations are supplemented by a hunger for freedom.

When we reach adolescent years, both males and females are going through difficult periods. With men, they are going through improvements in their bodies and speech. We encounter conditions involving hormones, and other “masculine” substances. People are thoroughly brainwashed into thinking they must be tall, strong and attractive with as much muscle strength as possible and as little overweight as possible.

Yet I believe the focus of teen struggles falls more on females. There is such a desire in the culture and in our everyday lives for females to be the perfect, 5′ 10,” 100 pounds, white, blue-eyed, big-haired model.

They are frequently overwhelmed with videos and ads to become someone that they can’t really be. Teenagers are also depressed. They forget they are always not isolated, because everyone is supporting them: their mother, their teachers or their peers.There are challenges with the life of a teenager but I believe they are essentially part of evolution and maturity. Which does mean all these issues aren’t genuine challenges, so it’s just the manner they are managed.

Parents and teachers are sometimes unable to cope with them because they do not realize and know teens, particularly their desires, concerns or various moods, in a short period. Parents do not understand that being adult and more accountable is always very challenging, so teens must first fix their problems. So, they ‘re rude and insulting, antisocial or insane. They aren’t any longer self-confident.

FRIENDS: 

Friendships and relationships may be challenging to obtain, develop , and sustain. Problems like gossip, rumours, and manipulation can destroy lives in a moment. 

Like many colleges, rumor spreads faster than a disease.  

Sometimes I believe teenagers’ lives begin in the emotional way. 

We want to be loved by a girl or a boy.Our friends are more important than everyone. They have got similar problems and they understand us. But we have to solve our problems on our own. We want to be free, we want to do what we think is right. 

PEER PRESSURE : 

There are a number of items that might distract or encourage a adolescent to do the wrong thing. 

Peer pressure will quickly drive teenagers into drinking, sex, and drugs. Many teens realize it’s inappropriate, but they seem that they’re doing these things to match in and be popular. Luckily, though, most teenagers know how to do things by saying no.

I think some of the hardest issues teenager face are what’s “acceptable” and what’s “expected.” 

Teenage years are a time when the sole decision of right and wrong is based on what we see and hear. Peer pressure is more and more present, and the need to “fit in” can outweigh the “right” decision.

DRUGS:

Another issue is drugs that are sometimes used by teens currently. 

Many who take these medications don’t realize why it’s a dangerous idea and that they can damage their life.

This dilemma can be overcome with the help of teachers, parents or even peers who will try to hold them safe from the dangerous ones. For certain instances, teenagers are affected by the people who waste their leisure time doing negative things.

Sexuality is another of nowadays problems of the teenagers and not only. They are interested on this thing and sometimes becomes more important than family or school. If they have a sexual life they should protect themselves from AIDS or another disease. 

In my opinion, those are the most important and the most serious teenagers problems.

 Most of us look and act completely fine but everyone is going through something mental health problems.

Nowadays it seems like everyone is having sex which has become a huge issue for teens to pressure themselves about. If you haven’t had sex yet you a loser but if you’ve had sex, everyone looks at you differently and silently judges you. 

It’s too hard to be a teenager that several of us think we could just skip this segment, and get it all figured out. The reality, though, is that you can’t run through. You’ve got to get through this phase and eventually come out safe and satisfied.

In an ideal high school world everyone would be happy with the way they look and wouldn’t force themselves to become something else. None of us would have attempted to suicide because we would all have unexpected support for each other

We, teenagers have to bind together and strive for these things to happen and we all just have to push through our issues. If we just keep pushing and hoping we will come out on the other side victorious.

We are never going to have everything figured out, not even when we are adults, so we just have to except that and remember this chapter will end. We will move on. High school is not the end of us, it’s the introduction to real life, and real life is what matters.

Chipko movement

The Bishnoi faith is a religious offshoot of Hinduism founded on 29 principles, most of which promote environmental stewardship. Bishnois strictly forbid the harming of trees and animals. The religion was founded by Guru Maharaj Jambaji in 1485 AD in the Marwar (Jodhpur) desert region of western Rajasthan, India. Jambaji witnessed the incessant clear-cutting of trees during times of drought to feed animals, only to see them die eventually as the drought continued. He also recognized the importance of trees within his local ecosystem (keeping animals alive) and banned cutting down green trees and killing birds or animals. Jambaji’s spiritual reverence for nature led to a tradition of harmony with the local ecology: in the middle of an arid desert region, the Bishnois are famous for cultivating lush vegetation, caring for animals, and collecting drinkable water.

In 1730, almost 300 years after Guru Jambaji’s 29 principles were recorded, the maharajah (king) of Jodhpur wanted to build a new palace. He sent soldiers to gather wood from the forest region near the village of Khejarli, where Bishnoi villagers had helped foster an abundance of khejri (acacia) trees. When the king’s men began to harm the trees, the Bishnois protested in anguish but were ignored by the soldiers, who were under royal orders.

Amrita Devi was a female villager who could not bear to witness the destruction of both her faith and the village’s sacred trees. She decided to literally hug the trees, and encouraged others to do so too, proclaiming: “A chopped head is cheaper than a felled tree.” Bishnois from Khejri and nearby villages came to the forest and embraced the trees one by one to protect them from being cut down. As each villager hugged a tree, refusing to let go, they were beheaded by the soldiers. This voluntary martyrdom continued until 363 Bishnoi villagers were killed in the name of the sacred Khejarli forest.

Once word got back to the King about this activity he rushed to the village and apologized, ordering the soldiers to cease logging operations. Soon afterwards, the maharajah designated the Bishnoi state as a protected area, forbidding harm to trees and animals. This legislation still exists today in the region.

In memory of the 363 Bishnois, who died protecting their dear trees, a number of khejri trees are planted around the area, which is still notably lush and rich with animal life. The Bishnoi sacrifices became the inspiration for a much larger Chipko movement that is still growing today, in which villagers physically embrace trees to save them from logging.

The dedication of the Bishnoi community to protect their land and their wildlife has also led to the creation of a vast protected wildlife reserve. Unlike better-known and more popular reserves, like Ranthambore, Sariska and Keoladheo in Rajasthan alone, the wildlands of Bishnoi do not come under the protection of the government. This is wholly a community-driven preservation project, and it shows. You’ll find animals, both endangered and otherwise, living in harmony with the Bishnois. The bond between humans and nature here is something sorely missed in the world, but you get to experience it first hand here.

A peek into ordinary village life in Bishnoi
A tour of Bishnoi shouldn’t be left without visiting one of the village homes of the people. The people are warm and welcoming, offering a hot cup of tea as they show you how they live their day-to-day lives, so different from what most of us are used to. Think earthen ‘refrigerators’ that use the properties of clay to keep its contents cool, rustic hand-operated millstones that grind flour and the opportunity to sit down with a family and discover their unique rituals and remedies.

The chance to spot endangered and endemic species
Bishnoi may not be a government-operated wildlife preserve, but centuries of harmony between the Bishnoi community and the animals that call this place home means that you get the chance to spot some rather interesting species. With a keen-eyed driver as your guide, you’ll get to see animals like the rare and beautiful blackbuck and the massive Nilgai as you make your way through Bishnoi. Large families can be seen grazing and resting on the slightly forested and grassy plains that lie right by the roads.

The opportunity to see rare migratory birds
One of the biggest draws of Bishnoi, apart from its fascinating community and the Khejarli village monument and temple, is the water reservoir of Guda Bishnoiyan. The Guda Bishnoi Lake is a big watering hole for migratory birds that fly during the winter from the north. It is one of the handful of spots where these birds rest before scattering about to different areas further south, so you’ll find an incredibly diverse range of birds here. Siberian cranes, Demoiselle cranes and Sarus cranes can be seen, along with more common bird species in the area, like the coot.

High time we forget caste system

Caste discrimination is a highly politicised and sensitive issue in India. Despite constitutional safeguards and special legislation for the protection of the country’s 201 million ‘scheduled castes’ (the official term for Hindu, Sikh and Buddhist Dalits), violations of their fundamental human rights continue on a massive scale. Key issues include access to justice and rising violence against Dalits, multiple discrimination against Dalit women, slavery and child labour, discrimination in education, untouchability and access to basic services including humanitarian aid, social and economic rights and shrinking space for Dalit human rights defenders

Caste is both a historical truth of the Indian subcontinent, and a reality of modern-day India. Some of us are still unaware of the extent to which caste remains an ordering principle in our society today. Caste is present in a massive way in most of India and caste-based discrimination and violence takes place across the nation. In metropolitan cities too, caste has its ugly presence, even if not in obvious ways.

After India achieved independence, quotas on employment- known as ‘reservations’ were introduced into the Constitution, and discriminating against the lower castes was made illegal. By 1990, the quota rose to about 49%, and it applied to groups that were classified as “Other Backward Classes”, “Scheduled Castes,” and “Scheduled Tribes” (groups of historically disadvantaged indigenous Indians).

A major misunderstanding is that there are only four castes: Brahmin, Kshatriya, Vaishya and Shudra. These are the Varna’s, which are considered ‘super castes’. However, castes are often regional, and divided based on not just profession. Profession is a minor part of the division that is mainly hereditary, based on different traditions and social status, and degrees of untouchability. And the “untouchable” castes: the main victims of this system of oppression, are not even mentioned in the Vedas. The Dalits, or Scheduled Castes as the government recognises them, form a fifth Varna kept out of the system.  

In the caste system, the women were utterly neglected. They enjoyed a very conservative and traditional type of status. They were denied the privilege of higher education. They could not voice their opinion in public affairs.

The women belonging to the higher castes led a still more precarious life due to the practice of child marriage and prohibition of widow remarriage. The desire for male made women produces more and more children which affected their physical and mental condition. Sometimes the lower caste women were sexually harassed by the higher caste males but they could not protest against them due to the prevailing social pattern. In a nutshell, women enjoyed a very low status in the caste system.

Leaders in India must continue to challenge the mindset of those who seek to maintain the status quo. Of the Dalit children who stay in education, the majority are still forced to sit in the back of class and banned from touching mid-day meals. Similarly, a recent survey found that 65% of health workers still refuse to visit SC and ST settlements at all, denying basic care to some of India’s most vulnerable people. Violence against Dalits remains rife. As long as this kind of prejudice remains progress will continue to stall. Modi, himself a member of an Other Backwards Class but at risk of alienating his core support of Gujarati Patels, has been very reluctant to challenge prejudicial language during these recent anti-reservation protests. If the Indian government remains committed to tackling extreme poverty then they must find long term solutions to caste inequality than are currently in place.  

Fiscal Policy

Fiscal policy is the guiding force that helps the government decide how much money it should spend to support the economic activity, and how much revenue it must earn from the system, to keep the wheels of the economy running smoothly.


Fiscal policy in India:

Fiscal policy in India is the guiding force that helps the government decide how much money it should spend to support the economic activity, and how much revenue it must earn from the system, to keep the wheels of the economy running smoothly. In recent times, the importance of fiscal policy has been increasing to achieve economic growth swiftly, both in India and across the world. Attaining rapid economic growth is one of the key goals of fiscal policy formulated by the Government of India. Fiscal policy, along with monetary policy, plays a crucial role in managing a country’s economy.


What is meant by Fiscal Policy in India?

Example of Fiscal Policy in India:
Through the fiscal policy, the government of a country controls the flow of tax revenues and public expenditure to navigate the economy. If the government receives more revenue than it spends, it runs a surplus, while if it spends more than the tax and non-tax receipts, it runs a deficit. To meet additional expenditures, the government needs to borrow domestically or from overseas. Alternatively, the government may also choose to draw upon its foreign exchange reserves or print additional money.
For example, during an economic downturn, the government may decide to open up its coffers to spend more on building projects, welfare schemes, providing business incentives, etc. The aim is to help make more of productive money available to the people, free up some cash with the people so that they can spend it elsewhere, and encourage businesses to make investments. At the same time, the government may also decide to tax businesses and people a little less, thereby earning lesser revenue itself.
Main objectives of Fiscal Policy in India:
• Economic growth: Fiscal policy helps maintain the economy’s growth rate so that certain economic goals can be achieved.
• Price stability: It controls the price level of the country so that when the inflation is too high, prices can be regulated.
• Full employment: It aims to achieve full employment, or near full employment, as a tool to recover from low economic activity.

The objective of fiscal policy is to maintain the condition of full employment, economic stability and to stabilize the rate of growth.
Generally following are the objectives of a fiscal policy in a developing economy:

  1. Full Employment:
    The first and foremost objective of fiscal policy in a developing economy is to achieve and maintain full employment in an economy. Therefore, to reduce unemployment and under-employment, the state should spend sufficiently on social and economic overheads. These expenFull Employment:ditures would help to create more employment opportunities and increase the productive efficiency of the economy.
    In this way, public expenditure and public sector investment have a special role to play in a modern state. A properly planned investment will not only expand income, output and employment but will also step up effective demand through multiplier process and the economy will march automatically towards full employment. Besides public investment, private investment can also be encouraged through tax holidays, concessions, cheap loans, subsidies etc.
  2. Price Stability:
    In developing economies, inflation is a permanent phenomena where there is a tendency to the rise in prices due to expanding trend of public expenditure. As a result of rise in income, aggregate demand exceeds aggregate supply. Capital goods and consumer goods fail to keep pace with rising income.
    In short, fiscal policy should try to remove the bottlenecks and structural rigidities which cause imbalance in various sectors of the economy. Moreover, it should strengthen physical controls of essential commodities, granting of concessions, subsidies and protection in the economy. In short, fiscal measures as well as monetary measures go side by side to achieve the objectives of economic growth and stability.
  3. To Accelerate the Rate of Economic Growth:
    Primarily, fiscal policy in a developing economy, should aim at achieving an accelerated rate of economic growth. But a high rate of economic growth cannot be achieved and maintained without stability in the economy. Therefore, fiscal measures such as taxation, public borrowing and deficit financing etc. should be used properly so that production, consumption and distribution may not adversely affect. It should promote the economy as a whole which in turn helps to raise national income and per capita income.
  4. Optimum Allocation of Resources:
    Fiscal measures like taxation and public expenditure programmes, can greatly affect the allocation of resources in various occupations and sectors. As it is true, the national income and per capita income of underdeveloped countries is very low. In order to gear the economy, the government can push the growth of social infrastructure through fiscal measures. Public expenditure, subsidies and incentives can favorably influence the allocation of resources in the desired channels.
    Tax exemptions and tax concessions may help a lot in attracting resources towards the favoured industries. On the contrary, high taxation may draw away resources in a specific sector. Above all, direct curtailment of consumption and socially unproductive investment may be helpful in mobilization of resources and the further check of the inflationary trends in the economy.
  5. Equitable Distribution of Income and Wealth:
    To reduce inequalities and to do distributive justice, the government should invest in those productive channels which incur benefit to low income groups and are helpful in raising their productivity and technology. Therefore, redistributive expenditure should help economic development and economic development should help redistribution.
  6. Economic Stability:
    Fiscal measures, to a larger extent, promote economic stability in the face of short-run international cyclical fluctuations. These fluctuations cause variations in terms of trade, making the most favourable to the developed and unfavourable to the developing economies. So, for the purpose of bringing economic stability, fiscal methods should incorporate built-in-flexibility in the budgetary system so that income and expenditure of the government may automatically provide compensatory effect on the rise or fall of the nation’s income.
    What is the difference between fiscal policy and monetary policy?
    The government uses both monetary and fiscal policy to meet the county’s economic objectives. The central bank of a country mainly administers monetary policy. In India, the Monetary Policy is under the Reserve Bank of India or RBI. Monetary policy majorly deals with money, currency, and interest rates. On the other hand, under the fiscal policy, the government deals with taxation and spending by the Centre.
    Importance of Fiscal Policy in India:
    • In a country like India, fiscal policy plays a key role in elevating the rate of capital formation both in the public and private sectors.
    • Through taxation, the fiscal policy helps mobilise considerable amount of resources for financing its numerous projects.
    • Fiscal policy also helps in providing stimulus to elevate the savings rate.
    • The fiscal policy gives adequate incentives to the private sector to expand its activities.
    • Fiscal policy aims to minimise the imbalance in the dispersal of income and wealth.

Book Review: The Monk Who Sold His Ferrari – A fable about fulfilling your dreams and Reaching Your Destiny


Publisher: JAICO publishing house
Author: Robin Sharma
Published year: 1997
Genre: Motivational Fable
About the Author:
“Robin Sharma is CEO of Sharma leadership international. Author of 11 international
bestseller books such as the monk who sold his Ferrari, who will cry when you die, the secret
letters. Highly influential blogger plus motivational speaker.”

“Everything is created twice, first in the mind and then in reality.”

Robin Sharma

Narration:
The story revolves around conversation between Julian Mantel, an unsatisfied
lawyer in spite of having all things one can imagine and John. Its narrative book that
narrates how he disguised himself and made a journey to India took advantage of all ancient
techniques to master thoughts. And how his journey to India brought change and why he left
and came back to his own country with an aim imparting the knowledge learned by him.

Plot and setting of story:
This book talks about seven virtues that have potential to transform your life within the span
of 21 odd days if practiced daily with dedication. This book supports each and every point with
practical examples that make it more beautiful.Every word, sentences, examples make book so
lively that while reading this book one can connect oneself and imagine oneself as a listener –
John in such a way that whatsoever doubts arise in your mind while reading are answered in book
by Julian while conversing with John and that’s magical. Once you start reading the book,throughout
there will be a smile on your face with a ray of knowledge reflecting within your mind.
So, Yes! That serves the purpose of keeping the plot of the story narrative very well.

Evaluation:
This book have the power that can hit you hard to change your age-old procrastinating behavior.
Language of books shakes you from questions such as – ‘How you can spread love
if you don’t know how to learn oneself.’
This is one of those books which talks about ‘The price of greatness is responsibility over
each of your thoughts.’ which simply makes yourself accountable for dusky days and
shinning nights. This book talks about Indian Monks – who master in the art of living. This
book is a story of a lawyer and his journey from being old to young. Yes! you read that right,
This story is more of realistic fable rather than fairy tales dreams and that’s the reason you
should grab one copy of the book if you are one of those reader like who feel the fragrance of
book first and then read book by highlighting the line you loved the most or else if you are
one who like reading on tab with a coffee and popcorn than you can go through this link:
https://www.apnamba.com/Ebookspdf/The%20Monk%20who%20sold%20his%20ferrari%2 0-%20Robin%20Sharma%20(PDF)%20%5BQwerty80%5D.pdf to read once and make your own review.

Rating:
I would like to give 4 stars out of 5 because of minimal efforts on language but that is not
exactly the case as the idea of living life is so complex that the author wanted to use the
simplest form of language to express complexity of life with a message that, “There is no
quick fix in life.”

By Sonu Chaturvedi

Intuition and its games

It seems like our intuition is like, “Why would we want to invest in something which would cost us a bomb?” We actually get more happiness than we expect out of experiences. But just like anything you could pay money to that gives you happiness, that’s not a thing, that’s like something you experience. So going on vacation, or spending some time in an awesome art gallery, or going to Europe to check out the wonderful paintings there, or going to a concert. Even something short like going out to eat , Those are the kinds of things that are experiences and they’re not going to stick around. You’re not going to have time to adapt to them. Contemporary art or perpetual sugar coated words can suffice anyone’s affection but what stays in the history is the remarkable story that you’ve made so far.

All the impulsive buys a human tends to make are the peak stage of their urge to get things done at the end of the day. Sometimes all the purchases you make when you are trying to heal yourself as a therapy would actually come in handy to make you believe that money is some part of the happiness it isn’t the whole part and parcel of the happiness These are about these experiential purchases makes us really happy. Finally, it seems like we really look forward to these experiential purchases in a way that we might not. And just the fact that you’re a person that tends to do that, that tends to think about your future experiential purchases, that might make you happier than tending to be a materialistic person that tends to think about your next material purchases.

Fashion

In the olden days, man was quite uncivilized. He covered his body with leaves of trees or used to live naked. But with advancement of time and technology they became civilized and cultured. The result was that dress became a part and parcel of life. A fashion may be defined as a manner in which a thing is done or made. In common talk, it means following up to date style. Fashion changes every day. Fashion became so ugly in every 6 months that we have altered after every period of time. Fashions are highly short lived and dynamic. They change as seasons change during the year. Now a day’s dress has been given great importance. Boot cuts are trendy and liked by girls very much. Shirts and pantaloons worn by girls make them look like boys. With the advent of space people of different countries are coming closer. It results in interchanging of dress and clothes with foreign countries. Fashion changes with time like sometimes girls like to wear tight clothes that look exactly like boys in their pantaloons and shirts. Sometimes people like to wear loose clothes. However, people have become fashionable. This smartness is also seen in villages also. In villages people used to dhoti and kurta but with change in fashion also appear in sick and spam dress. Fashion no doubt enhances the charm of women and great attraction to male students. Fashion however, has their own toll to take.

Fashionable dresses are not comfortable at all times. There are several cases when tight dresses are torn to pieces. Some dresses are not medically suited to the body. They cause allergy or skin troubles.

Fashions among students are not only limited to dresses but to so many things like new rubber paper band, tic tok heels, sling bags, sporty look shoes and many more. But the sad part of this fashion is that poor people can’t afford these expensive dresses, suits, accessories. Even sometimes middle class people also have to spend from their savings to purchase these highly standard things.

Fashion keeps on changing with changing habits of eating, social customs, ceremonies and the like. With these changes sometimes people came under debt and had to incur great losses. Fashion of everything changes like draped saree dupatta was earlier in trend now it has come back. In fact, fashion adds a charm and romance to life. Life would have been dull and dreary if things had always remained unchanged.

Sex education in school

Introducing sex education in schools is an important issue. National curriculum focus on cultivating proper understanding education of sex related issues with special focus on teenage pregnancies, drug addiction and adolescent sex education. A survey has been conducted by the ministry of women and child development that depicted more than 53% of children in India are sexually abused. Sex education issue has become debatable issue. Many people feel that such delicate issues should be left to the parents and parents feel embarrassed to talk openly with their children in this regard. Sex is still a taboo in Indian society. We can’t even speak this word openly in front of 4 people. But it’s a part of life. It is believed that teaching our children about sexuality can break down pre existing notions of modesty. But with increase cases of unwanted pregnancies, HIV AIDS and other sex related disease, it is important that sex education shou8ld be given in schools and colleges. With time of puberty changes, some physical and mental changes start appearing in children and they found it strange to cope up with the changes. So it is very important for them to provide sex e3ducation.suvey indicate that on an average every urban student watches television for 2 hrs daily. Some sex scenes shown on some foreign television channels, vulgar language shown in Indian cinema also create negative impact on them. The small screens stimulate the youngsters sexually. Thus in absence of knowledge about sex they commit mistakes which result into unwanted pregnancies, HIV positive cases and other sexually transmitted diseases. In India, the cases of unwanted pregnancies are reported much higher in comparison to other developed countries.

There has been a rise in incidents of physical abuse of children. Children fall victims and they keep silent and live with the trauma throughout their lives.sex education also provide our younger’s to resist abusive behavior and provide them forum for expressing their fears and feelings openly. In this world children are the most vulnerable section of society so they need to be taught the difference between good and bad touch in order to protect themselves from child abuse. This sex education helps adolescents to come in healthy terms with their sexual identities and overcome feelings of guilt and shame. During adolescent age children begin to see the world in a mature way.

School life became an integral part of every child. Along with academic subjects children must be given sex education in schools only because school is the second home where children learn bad or good habits. While imparting sex education the boys and girls should be divided into two groups and taught separately. A lady teacher should teach girls and a male one should teach boys so that there must be no embarrassment and they should be able to learn. They will freely clear their doubts and proper care should be given to the contents of the topic which is to be discussed.

It is high time for sex education to be introduced in the educational curriculum. It will create a liberal thinking among youths.

Life with or without Social media

There was a time when word social media wasn’t introduced. Earlier, there was plenty of time when people gather and gossip with each other, telling stories, myths and realities. Most interesting narratives were granny’s fables. People used to write letters for their loved ones and take around a week to reach. Then after some evolution radio came up. Listening to national or international news became very important and after some time print media came, then reading newspapers became an important part of life. Then, with incredible innovation of the human mind television came. Developing cities and growing villages are starting to influence television. First black and white came then colored boxes capture the prime location of every household. Whole families started watching television together which shows channels like DD national and other private channels. Other print mediums like weekly newspapers, magazines started appearing on a large scale. Then time changed and the process of communication came with word social media. It becomes a source for everyone to be updated about everything happening around the globe. Now, communication can be done so far in the world and in India. Social networking becomes a popular source of communication and entertainment as well. Some social networking sites like facebook, instagram, whatsapp, twitter, Skype etc.If we talk about the benefits and disadvantages of these then there are many such perks.

It has narrowed the distance between individuals. A man sitting in New York can chat anytime instantly. While in the past, it took days to send a photograph through courier. Now, one doesn’t need to wait to be updated about the latest news. One can easily get through social media easily. From watching movies to listening to songs, knowledge, latest updates everything is available on these social media platforms.

But it is not that social media don’t have demerits. In fact they have plenty of them. We even forget the phone numbers of our dear ones because of these smart social networking sites. We can connect through messaging or video conferencing. Right from morning to night people found themselves indulge into their smartphones they can’t even sit together for while without having their phones.

Our lives have been trapped in the net of networks. Now even we do not have time for yourself to sit with a free mind and relax for a while. A village dweller living in a remote location doesn’t even know about his personal data, his identity, his dislikes and we are living in a developed region storing all this information in the form of data on social networking sites.

Not even this, using phones all time leads to headaches in our youth. This generation is so advanced that they don’t know about customs, traditions. They only know how to socialize their world and to be trendy in their circle.

At its best, social media offers opportunities to reach a wide range to people with good connectivity and its worst, social media offers everyone an unprecedented opportunity to share without reflection.

Microservices part-2

Challenges facing with microservices

Automating the components 

Debugging

Configuration management

Different types of test for microservices

Unit testing

Acceptance test

Performance testing

Microservices vs Application interfere system

Microservices are an architectural style for web applications, where the functionality is divided up across small web services, APIs are the frameworks through which developers can interact with a web application

Design patterns for microservices 

It is divided into five patterns

Decomposition patterns

Decomposition of the application according to 

Subdomains of application

Business capability

Integration patterns

API gateway

Database patterns

Database per service

CQRS(Command Query Responsibility Segregation)

Images

Observability patterns

Performance matrix

Health check

Cross-cutting concern patterns

Circuit breaker 

Principles behind microservices

Independent&autononomous service

Scalability

Availability

De centralization

Isolation from failure

Companies using microservices

Amazon

Amazon’s “service-oriented architecture” was largely the beginning of what we now call microservices

Google

Google built systems that share many characteristics with microservices

Netflix

The microservices architecture allowed Netflix to greatly speed up development and deployment of its platform and services

How do microservices communicate?

Generally, microservices communicate using HTTP (hypertext transfer protocol)

Fundamental Rights – Right to Constitutional Remedies

Introduction

Fundamental rights are those rights which are essential for intellectual, moral and spiritual development of citizens of India. As these rights are fundamental or essential for existence and all-round development of individuals, they are called ‘Fundamental rights’. These are enshrined in Part III (Articles 12 to 35) of the Constitution of India.

These include individual rights common to most, such as equality before the law, freedom of speech and freedom of expression, religious and cultural freedom, Freedom of assembly (peaceful assembly), freedom of religion (freedom to practice religion), right to constitutional remedies for the protection of civil rights by means of writs such as Habeas Corpus, Mandamus, Writ of Prohibition, Certiorari and Quo Warranto.

Fundamental rights apply universally to all citizens, irrespective of race, birthplace, religion, caste or gender. The Indian Penal Code, Code of Criminal Procedure and other laws prescribe punishments for the violation of these rights, subject to the discretion of the judiciary. Though the rights conferred by the constitution other than fundamental rights are also valid rights protected by the judiciary, in case of fundamental rights violations, the Supreme Court of India can be approached directly for ultimate justice as per Article 32. 

There are six fundamental rights recognised by the Indian constitution:

  1. Right to equality (Articles. 14-18)
  2. Right to Freedom (Articles. 19-22)
  3. Right Against exploitation (Articles. 23-24)
  4. Right to Freedom of Religion (Articles. 25- 28)
  5. Cultural and Educational Rights (Articles. 29-30), and
  6. Right to Constitutional remedies (Articles. 32-35)

ENFORCEMENT OF FUNDAMENTAL RIGHTS  

The right to constitutional remedies is present for enforcement of fundamental rights.

Right to constitutional remedies (Articles 32 to 35) empowers the citizens to move to a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, any citizen can ask the court to see if it is according to the provisions of the law of the country by lodging a public interest litigation. If the court finds that it is not, the person must be freed. This procedure of asking the courts to preserve or safeguard the citizen’s fundamental rights can be done in various ways. The courts can issue various kinds of writs protecting the rights of the citizens. These writs are:

  • habeas corpus
  • mandamus
  • Writ of Prohibition
  • quo warranto
  • certiorari

This allows a citizen to move to court if they believe that any of their Fundamental Rights have been violated by the State. Article 32 is also called the citizens’ right to protect and defend the constitution as it can be used by the citizens to enforce the constitution through the judiciary. Dr. B. R. Ambedkar declared the right to constitutional remedies “the heart and soul” of the Indian constitution. When a national or state emergency is declared, this right is suspended by the government under article 359.

Under article 32 Supreme court acts as a guarantor and defender of the fundamental rights. Furthermore, it is originally under the Supreme Court’s jurisdiction power to issue the writs. By virtue of Article 32, an aggrieved Indian citizen has the right to file a fundamental right enforcement action directly at the Supreme Court. In Ramesh Thappar v. State of Madras, AIR 1950 SC 124, the Supreme Court ruled that a petitioner can go straight to the Supreme Court to enforce his rights without having to go to a High Court first.

Thus, it means that a person can directly approach the Supreme court for the remedy instead through the way of appealing.

Also, it is important to note that article 32 can be invoked only to get remedies related to fundamental rights. Thus, it cannot be there for any legal or constitutional right. For these rights, there are different laws available.

The High Courts of India, also have the jurisdiction to entertain matters on enforcement of Fundamental Rights. Article 226(1) of the Indian Constitution provides as follows:

Notwithstanding anything in Article 32, every High Court shall have powers throughout the territories in relation to which it exercise jurisdiction to issue to any person or authority, including in appropriate cases, any Government, within those territories, directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose”

The scope of the High Court’s jurisdiction is much wider than that of the Supreme Court. However, unlike the Supreme Court which has jurisdiction over the whole of India, territorial jurisdiction limits the scope of the High Court.

CONCLUSION

The fundamental rights created under the India Constitution are necessary for a democratic society. Articles 32 and 226 are very vital provisions, as they give citizens the medium through which they can enforce their fundamental rights, and seek appropriate remedies.  They protect and act as a guardian of fundamental rights of the citizens enrished in part III of the Constitution.