Knowledge Management and Talent Management

The talent management is more of giving due to importance to the star / high performing employees while knowledge management is more of sharing the work style and technologies.

What is talent management

The talent-management concept applies the 80/20 rule , meaning 20% of an organization’s top employees yield 80% of its positive results. This suggests that employers must treat A-level executives — those who drive and deliver superior results on a consistent basis — in an exceptional and individualized way. This occurs throughout an executive’s complete life with an organization: from his or her initial hire to development, evaluation, reward systems, retention and succession planning.

Talent management defined:

It is sometimes assumed that talent management is only concerned with key people the high flyers. But everyone in an organization has talent, and talent management processes should not be limited to the favoured few, although they are likely to focus most on those with scarce skills and high potential.

Talent management process

The key talent management processes are:

*developing the organization as an ’employer of choice’ a ‘great place to work’;

*using selection and recruitment procedures that ensure that good quality people are recruited who are likely to thrive in the organization and stay with it for a reasonable length of time (but not necessarily for life);

*designing jobs and developing roles which give people opportunities to apply and grow their skills and provide them with autonomy, interest and challenge;

*providing talented staff with opportunities for career development and growth;

*creating a working environment in which work processes and facilities enable rewarding (in the broadest sense) jobs and roles to be designed and developed;

*developing a positive psychological contract;

*developing the leadership qualities of line managers;

*recognizing those with talent by rewarding excellence, enterprise and achievement;

*succession planning ensuring that the organization has suitable people to fill vacancies arising from promotion, retirement or death;

*conducting talent audits which identify those with potential and those who might leave the organization.

what is knowledge management

Knowledge management is a business activity with two primary aspects:

Treating the knowledge component of business activity as an explicit concern of business reflected strategy, policy, and practice at all levels of the organisation. Making a direct connection between an organisation intellectual asset both explicit (recorded) and tacit (person-know-how) and positive business results.

In practice, knowledge management often encompasses identifying and maping intellectual assets within the organisation, making vast amounts of information accessible, sharing of best practices , and technology that enables all of the above including gruopware and intranet.

Knowledge management defined:

Knowledge management involves transforming knowledge resources by identifying relevant information and then disseminating it so that learning can take place.

Knowledge management is any process or practice of creating, acquiring, capturing, sharing and using knowledge, wherever it resides, to enhance learning and performance in organizations. It focuses on the development of firm specific knowledge and skills that are the result of organizational learning processes.

The contribution of HR to Knowledge management

HR can make an important contribution to knowledge management simply because knowledge is shared between people; it is not just a matter of capturing explicit knowledge through the use of information technology The role of HR is to ensure that the organization has the intellectual capital it needs. The resource based view of the firm emphasizes, that ‘distinctive human resource practices help to create unique competencies that differentiate products and services and, in turn, drive competitiveness’.

These are ways which HR can contribute:

The main ways in which HR can contribute to knowledge management are summarized below:

#Help to develop an open culture in which the values and norms emphasize the importance of sharing knowledge.

#Promote a climate of commitment and trust.

#Advise on resourcing policies and provide resourcing services which ensure that valued employees who can contribute to knowledge creation and sharing are attracted and retained.

#Advise on methods of motivating people to share knowledge and rewarding those who do so.

#Develop processes of organizational and individual learning which will generate and assist in disseminating knowledge.

#Help in the development of performance management processes which focus on the development and sharing of knowledge.

#In conjunction with IT, develop systems for capturing and, as far as possible, codifying explicit and tacit knowledge.

#Set up and organize workshops, conferences, seminars and symposia which enable knowledge to be shared on a person to person basis.

The birth of ROMO

Till the time when everything was ‘normal’, there existed a phenomenon that was quite common and that which caused stress. Termed as ‘FOMO’, and acronym for ‘Fear of Missing Out’ which describes a perception that others are having a better life, experiencing better things and are having much more fun and you are leading just a regular life. This phenomenon has existed for many years, but with the advent and excessive use of social media, this phenomenon has gained too much importance. FOMO usually occurs when a bunch of your ‘social media’ friends post some photos of some event without you (usually displaying the positive aspect while hiding the negative aspect), you tend to measure your life on their scale and you consider your life to be very ‘normal’. You feel like you are missing out on all the fun. Over the years, FOMO has manifested itself due to ‘posts’ on Facebook and Instagram.

But wait, times have changed. COVID-19 has practically faded the phenomenon ‘FOMO’ which concurrently gave birth to ‘ROMO’, an acronym of ‘Reality of Missing Out.’ Not only this pandemic has paralysed the world, it has also erased the feelings of missing out on fun considering the fact that everyone is locked indoors. With ROMO, you know that it is not cool to go outdoors and have fun with friends while breaking the rules of isolation.

ROMO gives a feeling of despair while losing out to go on to even the simplest of things. Like going out for dinner to a nearby restaurant, missing out for an ice-cream treat at park, going out for grocery shopping or even simply just going out for a stroll. The usual feeling of ‘getting bored’ is now substituted by different conflicting feelings such as – ‘Will I die?’, ‘Will my parents be alive?’, ‘Will I ever be able to go out for a nice dinner?’, ‘Will I be able to enjoy life as before?’. Apparently, such questions keep on running across my or anyone’s mind.

Isolation and quarantine has practically crippled the entire world. Everything around us seems to be on hold – like we are waiting for some kind of a miracle to lift the veil of such darkness. Events like religious festivals, sports tournaments, summer parades at my school, convocation at my B-School, to name among a few, got cancelled. It is very heart wrenching to see that life is just pacing forward and we are actually missing our present and that is a very harsh reality. Family members waiting to receive their ‘chemotherapy’ sessions, pre-final year students waiting to get back to their college and grand-parents waiting to visit their children, and we all are waiting, running desperately to reach the end of the tunnel. Our present is fleeting like sand sifting through our fingers, waiting for everything to end.

It is rather funny to think that just a few months back, we all had the opportunity to make choices, deciding where to go and which options need to be thrown out of the window. But think about now. Do we actually have any opportunities to even think over?

Source: https://www.bloomberg.com/opinion/articles/2020-04-26/covid-19-has-taken-us-from-fomo-to-romo

Death

What an unbelievable world it is,
How shortly they modify there ‘say’
By witnessing their multisided face,
Even My dead body was in shock ‘I must say’

They came to pay my body a ‘last visit’
But they ended up to converse about my peculiarities
Too soon, that too faded away
Even my dead was in shock ‘I must say’

“My wife is not moaning enough,”
“My Kid is into the phone,”
“How much balance I have left in the account,”
Their sobs disappeared and murmur took place
Even my dead body was in shock ‘I must say’

“Who will give me the shoulder,”
“Who will perform my rites,”
They were more eager to know about it,
It seemed it meant to them a lot.
My companion was crying, my little baby was almost unaware of
By seeing them paying adieu, I broke being a rock.

Indian culture and the positive changes.

Since ancient times India is known for diversity and prosperity in its Culture. It has one of the oldest civilization and culture in the world. Despite of such diversity Indian culture has the immense power to unite peoples together. There are fifteen national languages recognized by the Indian constitution and these are spoken in over 1600 dialects. With language changing across different parts of country, culture is also diverse. The Culture of India has played a vital role in its civilization.
Changing Values
We all know that Change is the law of nature. This law is governing almost everything in this universe and so as the Indian Culture. Over Centuries Indian Culture has influenced by a lot of changes and many of them has incorporated in this culture remaining the other features intact. These Changes are more or less like two faces of a coin. Some changes are beneficial for our society and culture, and some others are dangerous. In other words these changes have both Positive and Negative aspects. Changes In Indian Culture that are Positive for Indian Society
A few Centuries ago “Sati pratha” was abolished and “widow remarriage” was approved. These Changes were the major achievements of Indian Society. These changes have removed the traditions and methodologies which was a curse to all the women and humanity. These Changes were the major revolution in the Indian Society. From that time,changes have influenced a lot to the Indian Society. Now a days, there are many visible changes in our society.

Health Benefits of Tulsi plant.

Tulsi Benefits: Basil plants will be found in most homes in India. It is also worshipped in Hinduism. It is considered a symbol of happiness and well-being, but aside from mythological significance, Tulsi is also a well-known medicine. It is used in many diseases. There is an effective medicine in many major and severe diseases ranging from cold and cough.A single basil leaf can overcome many of your problems. Ayurvedically, every part of the basil plant is good for your health. So let’s know where else you can use basil leaves in addition to cough and cold.
Make the tea by adding at least 10 to 12 basil leaves and then drink it cures cough, cold and fever. If you have a respiratory disease and feel unable to breathe then put basil leaves with black salt in your mouth like a betel nut, you will get relief from this disease. If you roast basil leaves on fire and eat it with salt, then it also cures bad throat. Chewing 4 roasted cloves with basil leaves will give you relief from cough. Do you know that applying basil leaves mixed with alum also heals wounds quickly? This is because basil contains anti-bacterial elements that do not allow the wound to ripen. Apart from this, basil seeds have been considered helpful in the treatment of cancer in many types of research. However, this has not been confirmed. Most women complain of irregularities in periods. In such a situation, basil is very beneficial. Helps to remove irregularity of menstrual cycle.

Shift in the workplace legal structure

COVID-19 has completely revolutionized the workplace by pushing most of the organizations and the businesses to quickly switch from ‘office model’ to ‘work-from-home’ model. While working under the roof of an office, there existed legislations and legal framework to monitor the behaviour, but those existing policies need to be adjusted so as to incorporate the WFH scenario.

Some key areas where the legal framework needs to be adjusted are:

  1.  Women working at night. Previously as per the Shops and Establishment Act of each state, women employees were prohibited to work during some specified hours at night or they have to arrange for transport services along with escort to make sure that they reach their home safely. So employers had to face compliance issue with regard to women employees. But now since most female employees have moved to WFH, so the employers are free from such compliance issues and at the same time, the floor is open for the employers to look out for those women population who could not previously access the jobs due to geographical and other constraints.
  2. Change in compensation structure. Previously many allowances such as conveyance allowance, meal allowance or food coupons were given out to employees as a part of hardship allowance. But this might not be attractive now considering the WFH scenario. Instead, employers should provide other allowances such as internet reimbursement, ergonomic allowances, IT expenses etc.
  3. Sexual harassment at the new workplace. POSH Act was passed in the year 2013 for the prevention of sexual misconduct at office. But now as the workplace has changed, new forms of misconduct such as repeated phone calls at inappropriate and ungodly hours, forcing to switch on videos, playfully passing lewd remarks and over-discussion of work are creeping up with time. Considering the face that the boundary between work and home has become blurred, POSH needs to incorporate some new rules to prevent such misconduct.
  4. Overtime work. Just a few months back, employers used to measure productivity by checking the entry and exit times of an employee. They used to do so by either swiping their cards or by biometric screening. So if an associate is doing overtime work, usually it was thought that the person is very hardworking. But now the associates are working from home, so performance should now be measured depending on the outcome of the employees rather than on the time spent on doing the work.
  5. Security and compliance threats. SEZ does not have guidelines for WFH facility but STPI has it. As per them, it is necessary for the employees to work on Virtual Private Network. So employees should spend on securing a robust and private WiFi so that that IT security is not compromised on the local system and confidentiality is maintained.
  6. Modification of labour laws like maternity benefits and compensation laws. Previously associates can claim compensation from the employers if any accident occurs at the workplace, but now with the WFH arrangement, the existing compensation laws need to be modified so as to arrange for any compensation if any accident occurs at home.

Our workplace dynamics have completely changed and to enable smooth transition, employers also need to look into the existing legal structure so that eventually the employees does not feel to be disadvantaged. Our home is the new workplace and so laws have to be adjusted taking our ‘home-office’ into consideration.

Source – Self

Drug Addiction

Drug addiction is one the most serious problems in the country. The use of intoxicants is old practice. People in every part of the world have been using intoxicants in one or other form. In olden times, this practice was mostly adopted but nowadays people make this trend within parties and clubbing. And as time passed life became MORE complex and complicated and use of intoxicants went on increasing. With the progress of science, new types of intoxicants were introduced in the market and in today’s time you can find a large variety of intoxicants drinks and various other intoxicants are readily available in the market. Use of intoxicants and drugs has become so common that it has been a worldwide problem. All rich or poor are so much indulged in this practice that they even forget about their health and life. The poor people have some different problems like problems of food, clothing, and housing etc.and due to this they start indulging into various intoxicants. On the other hand, rich ones have made this trend look super cool by taking these intoxicants drugs and drinks in their parties. The situation is quite alarming. A survey was recently conducted in some universities in India to check and findings were staggering. Drug addiction is catching hold of young boys and girls in big cities especially like Mumbai, pune, Delhi and universities and colleges of the country. Hostels of boys and girls are becoming homes of these drug addicts.

Basically, the use of drugs has come from west of India. Most of the students start taking drugs as a matter of fashion or for thrill but later they cannot stop their use. The market is flooded with different types of intoxicants. Most of these are taken to produce sedation or under strict medical observation and care. But young boys and girls start taking them without medical advice. Most of these who start taking drugs are unemployed youth or frustrated with some other complications in life or social or family problems.

It is the duty of the government to make study of various pros and cons of the problem. Sale of drugs which are open in the market should be banned. The problem of unemployment should be tackled sincerely and taken on priority basis. Some sort of guidance and counseling should be held in universities only to provide advice to the frustrated youth of the country. Various social and voluntary organizations should take steps to maintain this nuisance. The government should use all advertising media to educate people about harmful effects of intoxicating drugs. Medical aid should be provided to those who are badly suffering from this problem. Moral education should be introduced in schools and colleges. All foreigners who visit India and encourage the use of drugs should be put behind the bars.

All these steps can help the country from menace of this drug addiction. In India, this disease is still in a state of infancy but if proper precautions may not be taken then it may take the form of epidemic. We must see the writing on the wall and net before it is too late.

Martial rape- Still not criminalized

The definition of rape is codified in section 375 of Indian Penal Code that includes all form of sexual assault involving nonconsensual intercourse with woman. However, exception 2 to section 375 states that sexual intercourse by a man with his wife not under age of 15 is not rape, whether it was done with or without her consent. This also means that section 375 does not apply to married women. This is called marital rape where a man can use her force to rape and it is not criminalized. India is one of the thirty six countries that still have not criminalized marital rape.

Violation of article 14 of Indian constitution

Article 14 ensures that the state shall not deny to any person equality before law or equal protection of law within the territory of India. Our constitution guarantees this right but Indian criminal law discriminates against female victims who have been raped by their husbands. At the time when IPC was drafted in 1860 a married woman was considered to be the chattel of her husband but with change in time women are becoming smarter than men and they do deserve equal opportunities as men have. Exception 2 of article 375 directly implies to rape and that is too accepted by our law which is disgusting.

Violation of article 21

Exception 2 is also a violation of article 21 of the Indian constitution. Article 21 states that no personal shall be deprived of his personal life and liberty according to procedure established by law. Forced sexual cohabitation is violation of fundamental rights. Our society is stuck between old customs and narrow mindset. They believe that giving more liberty to women is against Indian culture which is not right. This society believes that once a woman is married then her implied consent for sexual intercourse is always present.

The above conclusions clearly depict that expection2 of section 375 of IPC is an infringement of articles 14 and 21 of the constitution.

Whether Martial Rape constitutionally valid or not?India is one of 36 countries that still not criminalized marital rape and this exception 2 where woman is brutally raped by her husband whether her consent is there or not proves the inconvience in delivering justice by Indian law. This expectation proves to be very harsh for married women as she also has the right to equality like men. But the Supreme Court issued a landmark judgment in Independent Thought vs. Union of India 2017 which narrows the scope of marital rape. In the judgment it was stated to retain the age of 15 years under exception2 of section 375 and 46%of women between the ages of 18-29 years were married before the age of 18. Hence, criminalizing this concept would not be appropriate and practical. Thus, the age prescribed in exception 2 has been retained considering the facts and issue.

Is death sentence a solution?

All punishments are based on the same proposition i.e. there must be a penalty for wrongdoing. There are two main reasons for inflicting the punishment. One is the belief that it is both right and just that a person who has done wrong should suffer for it; the other is the belief that inflicting punishment on wrongdoers discourages others from doing wrong. The capital punishment also rests on the same proposition as other punishments. The capital punishment debate is the most generally relevant, keeping in mind the situation that has been brought about by today. Capital punishment is an integral part of the Indian criminal justice system. The increasing strength of the human rights movement in India, the existence of capital punishment is questioned as immoral. However this is an odd argument as keeping one person alive at the cost of the lives of numerous members or potential victims in the society is unbelievable and in fact, that is morally wrong.

MEANING OF CAPITAL PUNISHMENT Capital punishment, also called the death penalty, execution of an offender sentenced to death after conviction by a court of law for a criminal offence. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably with capital punishment, though the imposition of the penalty is not always followed by execution (even when it is upheld on appeal), because of the possibility of commutation to life imprisonment. The term “Capital Punishment” stands for the most severe form of punishment. It is the punishment which is to be awarded for the most heinous, grievous and detestable crimes against humanity. While the definition and extent of such crimes vary from country to country, state to state, age to age, the implication of capital punishment has always been the death sentence. By common usage in jurisprudence, criminology and penology, the capital sentence means a sentence of death.

POLITICAL COMMITMENTS REGARDING CAPITAL PUNISHMENT GLOBALLY

Ø  Several resolutions of the UN General Assembly (UNGA) have called for a moratorium on the use of the death penalty. In 2007, the UNGA called on states to “progressively restrict the use of the death penalty, reduce the number of offences for which it may be imposed” and “establish a moratorium on executions to abolish the death penalty.” In 2008, the GA reaffirmed this resolution, which was reinforced in subsequent resolutions in 2010, 2012, and 2014. Many of these resolutions noted that “a moratorium on the use of the death penalty contributes to respect for human dignity and to the enhancement and progressive development of human rights.” In 2014, 117 States had voted in favour of the most recent resolution. India has not voted in favour of these resolutions.

Ø  In a 2013 resolution, the UN Human Rights Council acknowledged “the negative impact of a parent’s death sentence and his or her execution on his or her children,” and urged “States to provide those children with the protection and assistance they may require,” Human Rights Council resolution, 2014 noted that “States with different legal systems, traditions, cultures and religious backgrounds have abolished the death penalty or are applying a moratorium on its use” and deplored the fact that “the use of the death penalty leads to violations of the human rights of those facing the death penalty and of other affected persons.” The Human Rights Council urged states to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Ø  The law of extradition has been another tool for countries pushing for the abolition of the death penalty. Several abolitionist countries either require assurances that retentions-extraditing countries not impose the death penalty, or have included such a clause in bilateral extradition treaties.

CAPITAL PUNISHMENT: THE CURRENT STATUS Supreme Court on Validity of Capital Punishment in India Article 21 of the Indian Constitution ensures the Fundamental Right to life and liberty for all persons. It adds no person shall be deprived of his life or personal liberty except according to procedure established by law. This has been legally construed to mean if there is a procedure, which is fair and valid, then the state by framing a law can deprive a person of his life. While the central government has consistently maintained it would keep the death penalty in the statute books to act as a deterrent, and for those who are a threat to society, the Supreme Court to has upheld the constitutional validity of capital punishment in “rarest of rare” cases. In Jagmohan Singh vs State of Uttar Pradesh (1973), then in Rajendra Prasad vs State of Uttar Pradesh (1979), and finally in Bachan Singh vs State of Punjab (1980), the Supreme Court affirmed the constitutional validity of the death penalty. It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict. This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

JUDICIAL REVIEW OF EXERCISE OF MERCY POWERS

The Supreme Court in Shatrughan Chauhan case has recorded that the Home Ministry considers the following factors while deciding mercy petitions:

a)      Personality of the accused (such as age, sex or mental deficiency) or circumstances of the case (such as provocation or similar justification);

b)      Cases in which the appellate court expressed doubt as to the reliability of evidence but has nevertheless decided on conviction;

c)       Cases where it is alleged that fresh evidence is obtainable mainly to see whether a fresh enquiry is justified;

d)      Where the High Court on appeal reversed acquittal or an appeal enhanced the sentence;

e)      Is there any difference of opinion in the Bench of High Court Judges necessitating reference to a larger Bench;

f)       Consideration of evidence in fixation of responsibility in gang murder case;

g)      Long delays in investigation and trial etc.

I cannot comment on if the death sentence is right or not. But I do believe that India gives enough chances for an accused to prove his innocence. Our judicial system does not take decisions on convicting or acquitting an accused hurriedly. So I feel awarding death sentence in rarest of rare cases isn’t too unfair.

obesity and social life

Obesity is a major health challenge worldwide. Apart from known health hazards such as heart disease and diabetes, it can also prevent sexual intimacy and may ruin your social life, experts say. India is home to the third-highest number of obese and overweight people, according to recent reports.

Obesity is categorised on the basis of BMI, which is defined as the body mass divided by the square of the body height and is universally expressed in units of kg/m2, resulting from mass in kilograms and height in metres.

obesity affects every aspects of people’s lives from health to relationship.

Further, apart from the physical intimacy, obesity may also affect the social life, as overweight or obese people are more prone to being bullied, humiliated or ostracised. They are also more likely to engage in bullying behaviour.

The fear of bullying may also lead them to exercise less and stay indoors.

Obesity creates a negative self-image. An individual feels demotivated and there’s lack of self-confidence. Such people are unable to accept their weight and their size can leave them sleeping single in a double bed,” Deep Goel, Director (Department of Bariatrics) and Gastrointestinal Onco Surgeon, BLK Super Speciality Hospital, told IANS.

social life

Human beings are social animals, and the tenor of someone’s social life is one of the most important influences on their mental and physical health. Without positive, durable relationships, both minds and bodies can fall apart.

“When it comes to social media, there are just times I turn off the world, you know. There are just sometimes you have to give yourself space to be quiet, which means you’ve got to set those phones down.”

As humans, social interaction is essential to every aspect of our health. Research shows that having a strong network of support or strong community bonds fosters both emotional and physical health and is an important component of adult life. Over the years, there have been a number of studies showcasing the relationship between social support and the quality of physical and psychological health.

how obesity affects your life and social life

Obesity is a social issue. An overweight person may worry about what others think. When people judge you unfairly, it can make you feel like it’s your fault. Well-meaning parents, siblings, or friends can sometimes make things worse by making “suggestions” about food or exercise. These good intentions may come across as criticism. Some teens that are overweight are teased or bullied.

Teasing and bullying can make you feel sad or embarrassed. Fear of being judged or rejected might make you shy away from people. You may stop doing things you enjoy. But the best thing to do is to take your mind — and other people’s — off your weight and back onto you as a person. The most common way to determine if a person is overweight or obese is to calculate body mass index (BMI). BMI is an estimate of body fat based on comparing a person’s weight to his or her height.

So it clearly shows that weight discrimination is a part of the obesity problem and not the solution. So, everyone, including doctors, should stop blaming and shaming people for their weight and offer support, and where appropriate, treatment because when confidence fades and self-esteem takes a beating, it’s harder to stick with a weight loss program.

Discriminating against slim, overweight or obese, people does not help them to lose weight. In fact, the embarrassment, humiliation and stress they feel from such discrimination are likely to cause them to gain weight not to lose weight.

Previous research has shown that people who are stigmatized for being overweight are more likely to engage in behaviour that promote obesity, including problematic eating, avoidance of physical activity and a refusal to restrict their food intake.

conclusion

Obesity can lead to sudden death, heart attack, diabetes and may unwanted illnesses. Stop it by making healthy choices.

serious measures are to be taken to fight against this dreadful phenomenon that is spreading its wings far and wide. Giving proper education on benefits of staying fit and mindful eating is as important as curbing this issue. Utmost importance must be given to healthy eating habits right from the small age so that they follow the same until the end of their life.

References

1.enwikipedia.org

2.www.tegonity.com

Black Racer Snake

Black Racers are very fast-moving, non-venomous, black snakes with a bluish cast to their scales. Other local common names for this handsome snake are Black Runner, Blue Racer, and Blue Runner.

Most Racers do not enjoy being handled. Black racers eat mostly mice and rats, so are extremely beneficial snakes to have around.

Racers move very quickly and can be out of sight in the blink of an eye.

Black Racers hunt down their prey. They move quickly along the forest floor, with their head held high, always alert. When prey is detected, Racers quickly grab it and swallow it whole, sometimes while it is still alive.

The “constrictor” in their scientific name is a misnomer. I suppose, it was once thought that they squeezed their prey, but now scientists know that they don’t. However, the name stuck.

Notice the hint of blue where the sun is hitting the scales of this young Black Racer. This is why some people in Louisiana call them Blue Runners.

There is also a species of Racer which inhabits other parts of the United States which is called the Blue Racer. Common names can be deceiving, with different species being given the same common name or with the same species being called different common names in separate locations.

The odd looking “kinked” posture of this individual is often seen. Some believe that this is a defense mechanism. They look a lot like a fallen branch.

Another defensive reaction is that when threatened, if running away is not successful, they will hide in the brush and rattle their tails in dry leaves, sounding much like a rattlesnake.

Very young black racers are marked differently from the adult of the species. The young are speckled with black, white and tan spots. As they age, they darken into adult coloration.

Black Racers have a reputation for biting when they are caught. It seems that they develop this defense mechanism very early in life.

Prisoners’ Rights; are we neglecting them?

In India, the debates around prison reforms and rights of prisoners have been very limited. Through our three-part series we seek to initiate a debate towards prisoners’ civil and political rights. This series will cover prisoners’ right to vote, to write and to strike with the understanding that these rights, if granted, will expand the ever so shrinking spaces for an incarcerated person to express and reach out to the world outside highlighting conditions of the prison and their experiences, including those of torture. Prisons in the modern democracy have been envisioned as reformative care-giving institutions. However, the reality of prisons is that there is overcrowding; inhuman living conditions; a dearth of basic needs such as access to food, medical treatment and cleanliness; absence of accountability and transparency of administration, targeting and surveillance, torture and even death; least of opportunities of skill building or recreation. Why is this so? For one, society’s understanding of the treatment of prisoners is being highly influenced by the fear related to crime control and increasing targeting and etherisation of persons from certain socio-political affiliations. Being tough on crime through severest punishments is the new standard for good governance. Prisoners form a section of the society which is shunned, secluded and seldom talked about. Making matters worse is the fact that no document declares mandatory rights of prisoners, leaving it up to the changing governments and changing moods of the society.

The Constitution of India empowers us with one of the basic fundamental rights – Right to life and Personal Liberty mentioned in Article 21 which implicitly states the right to life with dignity. Certain articles mentioned in our Constitution like Article 14, 20, 21, 22 deals with prisoner rights in India. Article 14 talks of equality of law whereas Article 20 prohibits self- incrimination and double jeopardy. Article 21 is vast in its own terms which state the right to life with personal liberty. Under its ambit, certain rights find its place like right to food, bail, speedy trial and free legal aid services. Article 21 provides prisoners with right against custodial violence and right to health in order to maintain basic human dignity. There have been certain legislations regarding prisoner rights in India. They have several other rights like right against inhuman treatment inside the jail, right to consult a lawyer and right against solitary confinement.  Right to interview and meet with friends and family is one the important prisoner rights.

According to the 2016 policy, the latest one, published by Government of India regarding prison management in the form of Model Prison Manual 2016, a “Perspective” chapter from the manual states:

“India shares the universally held view that a sentence of imprisonment would be justifiable only if it ultimately leads to the protection of society against crime. Such a goal could be achieved only if incarceration motivates and prepares the offender for a law-abiding and self-supporting life after his release. It further accepts that, as imprisonment deprives the offender of his liberty and self-determination, the prison system should not be allowed to aggravate the suffering already inherent in the process of incarceration.”

This perspective is a result of various judgments pronounced by the Supreme Court of India in the last several decades, in which the prison administration has been reprimanded regarding the inhuman living conditions in prisons and animal-like treatment of prisoners. The United Nation’s Standard Minimum Rules for Treatment of Prisoners also call for the dignified treatment of prisoners leading to their reintegration to into society and no further infliction of pain other than the imprisonment itself.

Following are the rights of prisoners which are implicitly provided under the Article 21 of the Constitution of India:-

  • Right of inmates of protective homes
  • Right to free legal aid
  • Right to speedy trial
  • Right against cruel and unusual punishment
  • Right to fair trial
  • Right against custodial violence and death in police lock-ups or encounters
  • Right to live with human dignity

Apart from these rights of prisoners Constitution of India also provides following rights to the prisoners:-

  • Right to meet friends and consult lawyer
  • Rights against solitary confinement, handcuffing & bar fetters and protection from torture
  • Right to reasonable wages in prison

Prisoner’s Rights under the Prisons Act, 1894

Prisons Act, of 1894 is the first legislation regarding prison regulation in India. This Act mainly focus on reformation of prisoners in connection with the rights of prisoners. Following Sections of the Prisons Act, 1894 are related with the reformation of prisoners:-

  • Accommodation and sanitary conditions for prisoners
  • Provision for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison
  • Provisions relating to the examination of prisoners by qualified Medical Officer
  • Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and under trial prisoners
  • Provisions relating to treatment of under trials, civil prisoners, parole and temporary release of prisoners.

 In the year of 2016 the Parliament has been passed the Prisons (Amendment) Bill, 2016 to amend the Prisons Act, 1894 with a view to provide protection and welfare of the prisoners.

Conclusion

It can be said that the prisoners are also entitled to all his fundamental rights while they are behind the prisons. Indian Constitution does not expressly provides for the prisoners’ rights but Articles 14, 19 and 21 implicitly guaranteed the prisoners’ rights and the provisions of the Prisons Act, 1894 contains the provisions for the welfare and protection of prisoners. The Court has ruled that it can intervene with prison administration when constitutional rights or statutory prescriptions are transgressed to the injury of the prisoner. Supreme Court in many cases held that prisoner is a human being, a natural person and also a legal person. Being a prisoner he does not cease to be a human being, natural person or legal person. Conviction for a crime does not reduce the person into a non-person, whose rights are subject to the whim of the prison administration and therefore, the imposition of any major punishment within the prison system is conditional upon the absence of procedural safeguards.

corporate social responsibility

efinition of corporate social responsibility (CSR)

Movement aimed at encouraging companies to be more aware of the impact of their business on the rest of society, including their own stakeholders and the environment. 

Corporate social responsibility (CSR) is a business approach that contributes to sustainable development by delivering economic, social and environmental benefits for all stakeholders.

CSR is a concept with many definitions and practices. The way it is understood and implemented differs greatly for each company and country. Moreover, CSR is a very broad concept that addresses many and various topics such as human rights, corporate governance, health and safety, environmental effects, working conditions and contribution to economic development. Whatever the definition is, the purpose of CSR is to drive change towards sustainability.

Although some companies may achieve remarkable efforts with unique CSR initiatives, it is difficult to be on the forefront on all aspects of CSR. Considering this, the example below provides good practices on one aspect of CSR – environmental sustainability.

Example

Unilever is a multinational corporation, in the food and beverage sector, with a comprehensive CSR strategy. The company has been ranked ‘Food Industry leader’ in the Dow Jones Sustainability World Indexes for the 11 consecutive years and ranked 7th in the ‘Global 100 Most Sustainable Corporations in the World’.

One of the major and unique initiatives is the ‘sustainable tea’ programme.  On a partnership-based model with the Rainforest Alliance (an NGO), Unilever aims to source all of its Lipton and PG Tips tea bags from Rainforest Alliance Certified™ farms by 2015.  The Rainforest Alliance Certification offers farms a way to differentiate their products as being socially, economically and environmentally sustainable. 

ReplyForward

methods for appeals in the high court:

article 227 in The Constitution Of India 1949227. Power of superintendence over all courts by the High Court(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction(2) Without prejudice to the generality of the foregoing provisions, the High Court may(a) call for returns from such courts;(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces supreme court provisions

 323A. Administrative tribunals.- (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.(2) A law made under clause (1) may— (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or
more States;
(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;
(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;
(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints
referred to in clause (1);
(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the
establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;
(f) repeal or amend any order made by the President under clause (3) of article 371D;
(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the
effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.
(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

INTERVIEW WITH advocates

Interview with-

ABHISHEK RITABH SHUKLA

LAWYER,SUPREME COURT OF INDIA

LLB ,UNIVESITY OF DELHI

Sir, what are your views on current legal education system in country?

 I am happy to see that youths are joining more as compared earlier to the law courses the numbers have increased in last 5 years also the 5 year courses are providing great platform to students who want to make carrier in law after 12th exams its providing a maturity level to the new minds .many institutes are offering nice law programmes with great sallybus which was not at our point of time .moot courts ,client councelling ,debate competitions are giving confidence to the students but at the same time they are seeing it as business and charging lots of money which should be stopped. after all the law courses has got entry into new era of education and by which I am happy .

Sir, you are a supreme court lawyer how u see the fairness in delivering justice there ?

The supreme court is the last court of appeal everybody in the country blindly trust on its proceedings .the decisions are solely made out of considering all legal factors and following rules nobody could question its proficiency in delivering justice .there had been certain issues regarding the interference of political party few months ago which I think was only a rumour or misunderstanding of judges  which has been solved .

Sir if u had been legislature what one law u wish and will try to pass?

That’s, a real journalist question[laughing] see there are several law which I wish to pass but most eminent one is right to recall [RTR] it is the most important law which are not being passed by the legislatures till now .it will the real sense of democracy as the people will get the full freedom to remove the selected legislatures when he/she refuses or not fulfil the task for which they are selected they should must not enjoy the 5 years in making money and indulging in the corruption and looting the money of innocent people

Sir, what challenges u had faced during early days of practice?

Oh that was really hard I use to woke up at 5 in the morning and I had to reach at 7 am at my senior office which was a tough dtc ride of 1 and a half hour some time it was so crowded that I felt today I am going to fell out of it. Working all day including 15 min of break for lunch I get exhausted .i worked in district courts , high courts ,supreme court with my senior . I always remember the day when I got my first reward of rs 500 after we won a case my sir called me and gave me my hard work reward tears roll out of my eyes .some times my senior ask me to go at his house and deliver vegetables to his wife .it was really a tough journey. But after all I had gained much knowledge and experience out of that journey for which I am thankful to my senior .

What advise you will give to the law students in shaping their career ?

See the biggest advise I will give to my upcoming lawyers that please do not panic and be patient u will surely get a big success in your life that will make you big and for this they have to continue it without giving up .read as much as u can like free material on web and text books , daily newspaper will keep u updated ,case laws and participate in all co ciricullar activities .and at last be honest with yourself because you are the future of this country .

Thanks a ton ,sir