Corruption

Corruption is a form of dishonesty or criminal offense undertaken by a person or organization entrusted with a position of authority, to acquire illicit benefit or abuse power for one’s private gain. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. Corruption is most commonplace in kleptocracies, oligarchies, narco-states and mafia states.[citation needed]
Corruption can occur on different scales. Corruption ranges from small favors between a small number of people (petty corruption), to corruption that affects the government on a large scale (grand corruption), and corruption that is so prevalent that it is part of the everyday structure of society, including corruption as one of the symptoms of organized crime. Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degree and proportion. Individual nations each allocate domestic resources for the control and regulation of corruption and crime. Strategies to counter corruption are often summarized under the umbrella term anti-corruption.

Everyone censures corruption at a societal stage but that does not mean that anyone has escaped from the flu of corruption. It is not an infection in one country. People worldwide are involved in the act of corruption. India is no exception to it. Corruption in India has even crossed the alarming stage. From the officials of the highest rank to a peon everyone is corrupt.

It is a term known to all of us precisely meaning an illegal, immoral or unauthorized act done in due course of employment. But literally it means “Inducement (as of a public official) by improper means (as bribery) to violate duty (as by committing a felony)”.

Corruption is a termite in every system. Once it enters the system, it goes on increasing. Today it is rampant and has gradually become routine. Worldwide, bribery alone is estimated to involve over 1 trillion US dollars annually.

This shows how big a problem is corruption. It is indeed the biggest challenge in front of any government because the system itself is handicapped as its own employees are slaves of another. In the author’s view view corruption is the root cause of all other problems that a country faces. Let us look at it with reference to India. Many big problems such as poverty, unemployment, illiteracy, pollution, external threats, underdevelopment etc. are posed in front of the Indian government. But having a glimpse at all these problems faced by India, one might notice that corruption plays an important role in making these problems even bigger. India is still facing poverty due to corruption.

The government and its employees all are corrupt so the schemes floated by the government for the betterment of poor are not properly implemented and just because corruption comes into play the grant advanced to the poor does not reach them and they remain the same and so does the problem of poverty. The same principle applies to the problem of external threats. India’s neighbouring countries are also a threat to the country and its sovereignty. Because of the officials or even citizens being corrupt either for their personal gain or enmity towards their home country the neighbours prove to be even more dangerous. Such officials may leak important information to the neighbours which gives them an upper hand. The same was hinted post 26/11 attack in India. According to the sources the attack couldn’t have been possible without the help of the insiders.

Corruption is not just limited to administration. It is very much prevalent even in legislation and judiciary so much so that it is probably the biggest challenge and needs to be eradicated from its grass root. For the same purpose the Prevention of Corruption Act, 1988 has been enacted.

This Act incorporated the Prevention of Corruption Act, 1947, the Criminal Law Amendment Act, 1952, and sec. 161 to 165-A of the Indian Penal Code. The Prevention of Corruption Act, 1988, thereby widened the coverage, strengthened the provisions and made them more effective.

This Act in particular defines the act of bribery, prescribes its punishment and also deals with the intricacies of law such as appointment of special judges, their powers, summarily triable cases etc.

The Act describes, defines, discriminates different forms and stages of corruption and prescribes punishment for the same. Under Section 7 of the Act, any public servant expecting or accepting any gratification other than his legal remuneration from any person to favour or disfavour or service or disservice any other person shall be punishable with imprisonment not less than 6 months but may extend to 5 years and also with fine.

Section 8 deals with the cases of public servants accepting gratification by illegal means to influence public servant. The same provision prescribes punishment up to 5 years imprisonment and fine. The maximum punishment prescribed under the Act is up to seven years imprisonment and fine under Section 14 that deals with those habitual of getting involved in the act of corruption in one or the other way.

Corruption is a big reason to worry for the Indian government. The Act is technically drafted in a beautiful way, but it has not effectively come to the aid of the government to curb corruption. So the punishment prescribed in the Act shall be much stricter to deter the intending violators.

VIRTUE IS KNOWLEDGE.

It is very much seen that information is the indication of flawlessness , the uprightness which a man cares for so as to make his life existential and honorable. Information gives him the excellence to be regarded in the public arena, arrive at his objectives of endeavors and adventure into the universe of potential outcomes that mankind wants in this quick entry of time. Is virtue truly information, an inquiry which individuals if truly experience , the vast majority of their questions is probably going to be extinguished. The substance of uprightness in its most predominant structure can be seen in the ravel of nature.

The nature is the most lovely blessing agreed by the eternity to the humanity. It favor us with trust, inspiration, freedom to seek after our objective and show us a few characteristics to lead an ideal and healthy lifestyle. The blossoms spread their aroma with clears out all pessimism, the petals lively shading is by all accounts landed legitimately from paradise , this wonderful thing cause us to understand that we are the most lucky being on earth. Not even this the dew framed on leaves which is by all accounts like a pearl upon the sea , loaded with lucidity and ingenuity have a few message to accord to us. This ideals did essentially is information which anybody would not avoid to consolidate. Indeed, even on the way of commitment we set up a few organizations, political , efficient , social or logical , it is the astounding good character if present in them can turn the parity of accomplishment in support of themselves , along these lines conferring information. The prudence as information in political circle has significance even in the pages of history and the contemporary time also.

The extraordinary political pioneers like Mahatma Gandhi, Nelson Mandela, and so on were effective in adorning their fantasy on the grounds that their aim was acceptable. They were a virtuous man with information which records their way and deeds in brilliant history. On opposite another political pioneer of Britain , Winston Churchill who won Britain in second universal war additionally lost open order. The explanation for his annihilation can be named to be absence of goodness and ethical quality as he would like to think and the journey of harmony by the open whose great information is reflected. Indeed, even today in the event that individuals have confidence in their pioneers, at that point it just because of their goal and profound quality which can convince the mass to tail him with no terms and conditions. Indeed, even the science and logical investigations is inadequate without the information on prudence.

A similar science can be utilized for making medications , consequently sparing millions, driving poor out of the verge of destitution and with innovation like early admonition frameworks spare their valuable life and make then less powerless. Then again a similar science additionally lead to the development of atomic weapon and nuclear bomb whose image of pulverization is instilled in the spirit and soil of Japan. Thus , it appears information is deficient without goodness.

The honest youngsters grin causes us to overlook everything and it is their capacity of guilelessness that draws in us towards them making them exceptionally insightful. They are unadulterated , immaculate with the shades of malice like untruths, envy, scorn , and they know just a single thing ,i.e to spread the message of adoration and joy. The information that is being deciphered to the understudies in school and other instructive foundations ought to likewise not be just words and sentences of the book, to be sure they whenever showed great propensities, indicating admiration to their older folks, educators, being discipline, being straightforward, and so forth then just would turn into a total individual.

Subsequently , it is qualified to state that the world is where the mankind needs harmony and congruity. It needs an exhibition of inspiration and light emission. It needs an idea of belonging and pardoning alongside progress and improvement. Where man regards another man, the possibility of uniformity, freedom and rights are clear in the pages of some book as well as which wins in actuality, at that point just the genuine intensity of information will be esteemed by us with it brimming with virtue and profound quality.

Federalism in India – Competitive or Cooperative?

Federalism is a political framework wherein one basic community joins different territories shaping a country. India’s establishing father conceived a government framework with solid focus infer able from decent variety of interests and incipient phase of “nation in the making” and articulated “India is indestructible association of destructible states” and enriched focus with wide powers bringing about an arrangement of organization with unitary highlights. This doesn’t imply that inside is almighty and exercise total controls on the state issues. To ensure that separation of power schedule -7 – 7 was fused in the constitution to unmistakably differentiate the circle of forces of focus and states. Additionally to guarantee that states have an equivalent state in the issues going under the circle of impacts of focus, chamber of states was similarly enabled as lower house with the exception of in specific issues to speak to the states interests. In aggregate constitution conceive equality between the inside and states aside from in certain outstanding conditions. Aside from coordination among focus and states in the general development and improvement of the country, there is likewise a component of rivalry required among focus and states (vertical rivalry) and among the states (level rivalry) also with the goal that most extreme utility can be gotten from assets and openings.

In Cooperative federalism the Center and states share a level relationship, where they “participate” in the bigger open intrigue. It is a significant apparatus to empower states’ support in the detailing and execution of national strategies. Association and the states are unavoidably obliged to help out one another on the issues determined in Schedule VII of the constitution.

in Competitive federalism the connection between the Central and state governments is vertical and between state governments is flat. This thought of Competitive federalism picked up criticality in India post 1990s financial changes. In a free-showcase economy, the blessings of states, accessible asset base and their near focal points all encourage a feeling of rivalry. Expanding globalization, be that as it may, expanded the current disparities and lopsided characteristics between states. In Competitive federalism States need to contend among themselves and furthermore with the Center for benefits. States rival each other to draw in assets and venture, which encourages productivity in organization and improves formative exercises. The financial specialists incline toward progressively created states for putting away their cash. Association government decays assets to the states based on utilization of recently assigned assets. Sound rivalry endeavors to improve physical and social framework inside the state.

Competitive federalism has begun proving to be fruitful when certain states, for example, Gujarat and Maharashtra actualized different land change designs and facilitated different principles identified with rent augmentation, simple land securing, getting rid of assent provision and different activities which is apparent from their degree of GSDP.

Numerous a period Competitive federalism will in general win over helpful one and states shows no quiet, for example, the water questions, which have been hampering the participation of states since autonomy. Measures should be taken to spare the intrigue and the participation between states since, there is long approach.

By and large one can say that Competitive and cooperative federalism are significant for the development of the nation in all angles and one can’t conclude which to picked previous or last mentioned, It will be alright to state both are cut out of the same cloth. Focus should go about as a solid umpire and a manual for choose the subsidizing, improvement and the emergency between the states and the neighborhood government to wrap things up there ought to be balance between the cooperative and Competitive federalism.

Exams??

The All India Council for Technical Education, AICTE yesterday informed the Bombay High Court that it has asked all its affiliated institutions and deemed universities to follow guidelines issued by Universities Grants Commission, UGC to conduct final year degree exams. It thus has not cancelled the last semester exams in any of its affiliated colleges.

The decision to hold the final-year degree exams comes following University Grants Commission’s (UGC) direction to conduct the examinations by the end of September. In the coming days, the Telangana State Council of Higher Education (TSCHE) will hold a meeting with authorities of the State universities and a detailed schedule for exams will be released. The exams will be held in offline mode i.e. pen and paper mode.

Paperless office

Today’s world are becoming paperless office. Paperless office is very beneficial for the organisation because it help organisation to maintain their documents, reduce the cost and space to maintain the documents in the files . It is a modern approach to maintain their office and eliminates staff which deduct in the cost. Paper office is now a days not much useful because in these days most of organisation using paperless office. Paper office is taking time and papers are worthless after sometime.

A paperless office, also called a paper-free office, is a work environment which uses minimal physical paper and instead uses primarily digital documents. A paperless employee is a worker who has eliminated or greatly reduced the use of paper in the workplace. The process of converting paper files into electronic files is known as digitization.

The idea of an entirely paperless office has existed since personal computers became the basis of the modern workplace. Despite the prevalence of electronic documents and email, most organizations still rely on paper documents. There are many benefits to going paperless, from saving resources to boosting security. Yet from handouts at meetings and HR onboarding documents to receipts, many business processes still revolve around paper.

Benefits of Going Paperless

Save Time

Time spent filing, organizing, and searching for paper documents is time that could be spent on more productive tasks. Digitized documents are stored in a central repository, which is basically a well-organized digital filing cabinet where all of your documents live. Using a digital document management system you’ll get to harness the same powerful search abilities that you’re used to using on Google. This means employees can find files at the click of a button, much more quickly than the laborious, manual process of searching for a specific file in a buried folder. Employees are able to use this extra time on revenue – generating projects.

Saves Money

Going digital improves process efficiency, saving you money. Paperless offices can process a much larger volume of paperwork compared to traditional offices in the same amount of time.

Further, digitization reduces money spent on paper, printers, ink, postage, office space for files and employee time to manage paperwork. The savings on employee time become especially valuable in regards to regulatory audits and repetitive, high-volume tasks like expense reimbursements.

Saves Space

Paper takes up a lot of space – as do filing cabinets and space to store those filing cabinets. Books and bookshelves are bulky, too. What’s worse, paper keeps piling up, oftentimes accumulating more quickly than it can be sorted and organized. This is particularly true of industries that have long mandatory retention periods for paperwork like the financial industry.

Digitizing files allows you to store all documents either on an on-premises server or in the cloud. Digital file folders in a repository require much less space than a physical records archive.

Eases Transfer of Information

Document management software offers a simple process for saving documents. The software easily compiles digital documents using scanners, mobile capture using a camera on a phone or tablet or importing any file type (.docx, .pdf, image files). Many commonly used applications, like Microsoft Office and Adobe Acrobat, integrate with document management systems and have native plugins which allow you to file your document into your content management system with just one click.

Promotes the Environment

Manufacturing paper products produce greenhouse gases, causing deforestation and global warming. Recycling can offset some of the environmental impact, but not by much. Most paper eventually ends up in a landfill. Further, ink and toners contain volatile compounds and non-renewable substances which are damaging to the environment. It is much more sustainable to simply reduce paper use altogether by switching to a paperless office.

Boosts Security

Physical documents are hard to track – reams of paper can get lost, misfiled or destroyed without anyone noticing. It can also be difficult to monitor the access, printing and copying of sensitive files.System administrators can set-up granular access rights, which assign permissions at the document level (e.g. settings based on the type of document), user level (e.g. settings based on person’s job function), or system level (e.g. overarching security for all data in the system).

The security benefits of a paperless workplace go beyond access rights. Implementing document management software also allows organizations to leverage electronic signatures, redact confidential information, create audit trails and more.

In paper office , these systems are followed:

Paper documents: Difficult to track changes when collaborating on a document.

Newspapers, Books and Magazines: News quickly becomes outdated. Message constrained by word space and page count.Each new book takes up more space.

Mail and faxes: Constant maintenance required to organize and find documents, especially really old ones. Easily misplaced or damaged.

Printed Maps : No way to factor in traffic, road closures and other barriers. Becomes out-of-date.

In Paperless Office, these systems are followed:

Digital Documents: Seamless electronic transfer between individuals and departments. Easy to track changes and records comments using “Track Changes” feature.

Email: Easily searchable based on content and metadata.Access from phone or browser. Archived forever. Even in the event of a deletion, can potentially be recovered.

Media , Websites and ebooks: Immediate access to content

Message not constrained by space

Real-time updates and amendments and 24-hour news cycle.

Waze, Google Maps and Navigation device : Reacts to traffic to maximize route efficiency and gives an accurate estimate of arrival time. Updated regularly to ensure accurate navigation.

These systems are followed by paper and paperless office.

The Path of Digital Transformation

Deciding to make the move from paper to paperless is part of a larger process called digital transformation.

There has five key step to completely digitized workplace:

Digitize : Convert all documents from paper to digital.

Organize : Categatized documents in a central electronic filing cabinet.

Automate: Digitize business processes using forms and workflow.

Streamline : Take a high – level view of business processes to identified bottlenecks and opportunities for mere efficiency.

Transform : Use advanced analytics to turn data into insights in how to make your company even more efficient.

CONCEPT OF POST DECISIONAL HEARING

INTRODUCTION

Principles of natural justice have been developed by democratic government for protection of rights of individuals and regulation of power against the arbitrary and ruthless use of power. One such principle of natural justice is ‘Audi Alteram Partem’ which has fundamental rule that no one should be censured unheard. Right to be heard is an essential element of principles of natural justice. Audi Alteram Partem is a rule which ensures that fair decision is made out of statutory authority of courts. This concept strengthens up the implementation of post decisional hearing.

Post-decision hearing is held where pre-decision hearing would not be viable. It is done after provisional decision is reached.

AUDI-ALTERAM PARTEM (RULE OF FAIR HEARING)

It means ‘hear the other side’ or ‘no man should be condemned unheard’ or ‘both the sides must be heard before passing any order’.

The duty to hear is imparted in all those actions which cause detriment to a person. No order involving adverse civil consequences can be passed against any person without giving him any opportunity to be heard against the passing of such order. A statue which impliedly provides or is silent, in both hearing, is implied but when it expressly excludes the hearing the court may have to exclude it to development which have expanded the scope of the rule of fair hearing are:

  1. An activist interpretation of Article 21 of the constitution whereby the words personal liberty as well as procedure established by law acquired new dimensions incorporating the duty to hear in respect to various administrative actions which cause infraction of personal liberty.
  2. Abandonment the courts of the policy of requiring hearing only in cases of quasi-judicial actions and extending such a requirement to administrative actions also.

The Audi alteram partem principle is the fundamental idea of the natural justice system. This is ‘sine qua non’ in any civilized society and means that no one is to be prosecuted without being listened. The person must get an incentive to defend himself.

RIGHT TO HEARING

 Constitutionally the rules of natural justice are must if administrative actions are not to violate certain fundamental rights. The violation of natural justice results in arbitrariness, therefore, violation of natural justice is violation of equality clause of Article 14. The court has held absolute discretion without any guidance for its exercise and without having to follow the principles of natural justice to be a reasonable restriction under Article 19(2) to (6). The right to be heard is also an aspect of ‘procedure established by law’ under Article 21 means procedural fairness.

POST DECISIONAL HEARING

Meaning:

The principle of post-decision hearing was created to ensure a balance between administrative effectiveness and individual justice. After a preliminary decision was made by the authorities, an individual would be heard during a post-decision hearing. In such cases, a standard pre-decisional hearing is unfeasible to the authorities and decisions would be taken on first-instance grounds before the person expresses his or her opinions, because it would be deemed necessary for the authorities to have post-decision hearing in accordance with the principle of Natural Justice.

Development and Proposal of idea:

The idea of post decisional hearing has been developed to maintain a balance between administrative efficiency and the fairness to the individual. The harmonizing tools were developed by Supreme Court in Maneka Gandhi vs. Union of India[1].

The post decisional hearing will give satisfaction to the affected individual that was at least given same opportunity of hearing even at a belated stage. The judicial opinion, however is not uniform about the stage. The judicial opinion however is not uniform about the stage at which the rules of natural justice are applicable.

In the case of Maneka Gandhi vs. Union of India,

Maneka Gandhi’s passport was impounded. She challenged the order of the R.P.O. on the ground that the principle of natural justice have not been followed. No hearing was allowed to her as they contended that if the hearing was done to her then the very purpose of impounding would have been frustrated. Hence, no hearing was held for the petitioner. The court evolved this because it said that you cannot have straight jacket formula. It is important but most important part is that justice has to be given to the affected party so that principles of natural justice are followed in every situation. You can pass the orders after pre decisional hearing but this order is interim but after post decisional hearing the order will become final in nature and thus the order of the passport authorities was considered as interim order. And becomes final after post decisional hearing.

Justice P.N. Bhagwati propounded three important principles:

  1. For an administrative function principles of natural justice have to be applied.
  2. Reasoned decisions.
  3. Concept of post decisional hearing.

ANOTHER CASE LAWS:

In the case, Baldev Singh v. State of H.P.[2]  in both these cases stress was being laid on Post Decisional hearing on the other hand there were series of decisions which laid down because Post Decisional Hearing is doing a mere lip service. I t is not serving the purpose of Audi Alteram Partem. Because once a decision of Post Decisional Hearing to the affected party is a formality as the authorities are rigid in bringing change in their decision as arrogance, egoism comes into picture. It is a mere formality done in the papers so there is no need to follow the same.

In the case, K.L. Shephard v. Union of India[3]the concept of Post Decisional Hearing was rejected. In this case there were three banks Hindustan Commercial Bank, Bank of Cochin and Lakshmi Commercial Bank by virtue of banking regulation Act, a scheme of amalgamation was introduced where these banks were amalgamated with 3 Nationalized Banks.

Once this amalgamation took place the services of Employees of these 3 Banks were not taken into account i.e. they lost their jobs. Accordingly the employees approached the court stating that the employees were not given any opportunity to present their case and their right to be heard has been violated. The court ruled that Post-Decisional hearing does not serve any purpose and it is a mere formality.

CONCLUSION

The implementation of this theory does not come with a strait jacketed formula, but rather is based on the facts of the case and its condition. In case pre-decision hearing cannot be implemented, post-decision hearing can come to the aid.


[1] 1978 SC 597

[2] Criminal Appeal No. 218 of 2013

[3] 1987 (4) SCC 431

Approaching opposite gender

Why can’t I speak to opposite sex? What is the reason for it? What is it stopping many of us to atleast reply them in a gentle manner? I too don’t have a answer but the answer to my question lies in question itself. Is it shy or fear which is taking us far from here? These are common and frequently faced question by almost every individual.

When you can’t face you will never face it. If you face it now you will never have to face it again. Facing now will make you face it forever and will not make you feel as though you are facing it. If you have no wrong intention then you will feel free to talk. Feeling insecure about the opinion of the person whom you wanna talk will make you feel about yourself what you feel about the feel the other person gonna feel. But he’s never gonna feel because you will never gonna speak. It’s just a feeling that you feel that will be never felt by other person. If you can speak then speak, if you can’t speak then sont think about it. Wasting time on something that you will never do is something that you never get. It will happen all of sudden. If it is meant to happen it will happen for sure. Thinking about something that you can’t do unless some force make you do so is mere waste. Don’t wait for the moment because the moment happens when it wanted to.

Feel free to make a move. Have guts to do something that is not wrong. Doing something that never gonna harm others is acceptable and it’s never done because people beleive it as some wrong thing. Speaking to speak is good but speaking for the purpose of wrong intention is wrong. If you speak something that is not wrong then no one treats you in a wrong way. If you can’t speak and it’s not intended then atleast there will sometime in future where a situation arises where you have to speak because it had to happen. The only thing is stop wasting time on thinking on how to approach opposite sex to talk. It’s as simple as that. If you can, you will. If you can’t, you can’t. Don’t think of it, if it’s intended then it will happen. Daring at the moment will make you comfortable not inly to thay moment. The intensity of comfort increses as the fear decreases. Everything is normal unless you feel it so.

Divorce

The word divorce comes from Latin word ‘divortium’ which mean ‘to separate’.
Section 13- Any marriage that was solemnized before or after commencement of this act, can be dissolved by a decree of divorce by either husband or wife.
Section 13(1) – under section 13(1) there are some grounds of divorce for both husband and wife.
1) Adultery- adultery means sexual intercourse between a married person and third party. Adultery cannot be committed without one’s consent. Now, adultery is not a punishable offence but it is used as ground of divorce.
2) Cruelty- A spouse can file a divorce when he/she is subjected to any kind of mental and physical injury that causes danger to life.
3) Desertion- In desertion one party has abandoned the other party and there is no reasonable ground for abandoning. The only intention of abandoning is to end married life and this situation has been for more than 2 yrs.
4) Conversion- When one party converts its religion from Hindu to Muslim then also divorce can be granted.
5) Insanity- In case of insanity, respondent has been suffering from such mental disorder that the petitioner cannot expect to live with.
6) Venereal disease- is a sexual communicable form of disease. This disease is communicable and it is not necessary that it should have been communicated to the petitioner.
7) Renunciation- If other party has renounced the world and entered a holy world then it is considering as ground of divorce.
8) Presumption of Death- When other party is presumed to be dead or has not been heard of being alive for at least 7 yrs then it is consider as ground for divorce.

Section 13(1-A) Ground of divorce for both husband and wife

1) No presumption of cohabitation- when there is judicial separation but there is any resumption of cohabitation for 1 yr or more.
2) No restitution of conjugal rights when there is any restitution of conjugal rights after passing decree for 1 yr or more.

Section 13(2) – Provides special ground of divorce for wife

1) Bigamy husband has more than one wife
2) If husband proven guilty of rape, bestiality or sodomy.
3) If wife has obtained an order of maintenance under section 125 Cr.p.c. or cohabitation has not resumed between parties after 1 yr.
4) Marriage has been solemnized when wife was under 15 yrs and she repudiated marriage before she was 18 yrs.

Section 13B –Divorce by mutual consent
In this both parties agree to divorce whether the above mentioned grounds were available or not.

      Section 14- this section explain when parties can file divorce. Under section 14 of HMA parties cannot apply for divorce before 1 yr of their marriage, exceptional cases like domestic violence can be heard.

 Section15- Section 15 explains when divorced party can remarry. If no appeal to decree of divorce lies or if the time period of appeal has expired then parties can remarry.

Hindu marriage act 1955

Marriage is a socially permitted voluntary, stable and exclusive union between a male and female. In Hindu Religion, Marriage is treated as holy bond between two souls. It is not just union for this life but also for coming life as well. Marriage is treated as one of the essential ‘Sanskaras’. It is essential for every Hindu to marry.

A Hindu Marriage may be solemnized in accordance with the customary rites and ceremonies of either party to the marriage. There are some conditions through which Hindu marriage can be solemnized –
1) A Hindu marriage duly can be solemnized with customary rites and ceremonies of either party.
2) If the ceremony includes saptapadi the marriage become complete and it binds both parties immediately after seventh step is complete.
These ceremonies vary according to custom.
For e.g. – In Nair caste Kerala, the bridegroom and bride wear a pair of cloth given by bridegroom side which is an important customary element.
Tying of a thread around brides’ neck by bridegroom is another important custom in Hindus.

Section 8 of HMA 1955 defines proof of a Hindu Marriage are as follows-
 The state government is authorized to make rules for the registration of marriage.
 Such rules can be related to register their marriage to registrar as may be prescribed.
 It basically depends on state government to make registration of marriage compulsory in state or not. If any such direction of registration is passed by state gout then it is necessary to register their marriage otherwise it shall be punishable with fine which may extend to 25 rupees.
 Section 8(4) provides that register must be maintained by registrar and open for inspection and can be available as evidence in reasonable time.
Recently, SC has directed the centre and state gout to make necessary amendments in regard to compulsory registration of marriages by a nodal officer of their area. This compulsory registration of marriage would provide proof to the wives who failed to provide documentary proof of marriages in maintenance of suit.

Section 9 of HMA 1955 gives the explanation of Restitution of Conjugal Rights i.e. when either husband or wife evacuate of each other, the aggrieved party may apply to restitution of conjugal rights by petition to the court. And if the court believes to the truth of statement, then court can order decree of Restitution of conjugal rights. The decree of restitution of conjugal rights will be issued under order XXI rule of 32 of C.P.C.

Hindu Marriage joins two individuals together in a bond of living together. It is a union between two spouses which is completed with proper rituals and ceremonies. But it is observed under every form of marriage women’s are given lower status then men. The instances are women were kindnapped, sold in form of gifts etc. In Previous time, Marriage is considered even after the death of husband and remarriage of widows are not allowed. But with change in time the concept of divorce came up. After so much modernization still divorced was too radical for the Indian society. But with recent culture, online date or love marriage was recognized. Now, people love to do online dating on various matrimonial sites like Jewansathi.com and choose their life partner.

Section 375

In our country like India women’s are worshipped like goddess but still are not respected. There are lot of crimes against women like acid attack , stalking, hacking their personal pictures, sexual abuse, and many more which they have to face. So, we are here to discuss one of the most serious crime that occurs in every minute of time.Section 375 of IPC define one of the most henious crime i.e. Rape

Since we have assumed women to be weaker section of society, so all these sections are introduce for them , for their protection. Our laws gives them right where they can raise their voice and fight for their justice.
There is one real incident of a boy Manav Singh 17 yrs. old who committed suicide due to being falsely accused of rape. The girl, Bhavleen Kaur confessed that she was raped by him but there was no evidence and immediately his story gets viral . She and her friends started giving threaten calls and messages to the boy. He under tremendous pressure decided to commit suicide. This happens because there is no men’s commission to raise voice for falsely accused mens. We live in a society where no matter whatsoever is wrong or right we only accept that our narrow mindset allows. It is evident that there are few provisions in IPC which are anti – feminist. These provisions violates Article 14 i.e. equality to all but in our society women’s are portrayed as victims and men as perpetrators. In some cases, Women in the name of feminism use their rights in order to exploit men. Some laws must be introduced that safeguards the dignity of men as well.

India is a country where both men and women needs to acknowledged their rights. However, our constitution provides equal platforms to raise their voice against inequality. Society thinks that men need to be strong and they are treated as perpetrators. But there should be ‘ MENTOO’ to give equal rights like women.
But, even now if we see the situation of our country, society is stuck between old customs and narrow mindset. They believes 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.
Many women are sexually assaulted by their husbands. So it’s high time that we criminalized Martial Rape but before criminalizing it a lots of changes are needed to be brought up not just in law but in our society too, the mindsets of people needs to be changed or upgraded to a better level where the men understands the dignity of women as their own and vice versa.

Battling COVID with stardom

Millions across the world, rich and poor, younger and older, does not matter where, we are always facing the lurking danger of coronavirus infection. It is causing a tumultuous effect on the day to day lives of people, with increasing healthcare costs, decreasing accessibility to the proper healthcare facilities, rising prices of commodities and the ever increasing number of deaths every day. Poverty has hit its record in India and with time, there is a rising inequality in the provision of treatment, thus leading to preferential treatment.  

But what is most astonishing is the fact that this diseases which was, at first, more common among the higher ranks of the society is spurring troubles among the lower ranks. Over the past few weeks, I could see a stark difference in the mode of treatment among the various ranks of the society. Consider the low wage or daily wage and the migrant workers. On the event of such a pandemic, they lost their sole earning potential, had to be transported back to their roots in ways that was unimaginable and even back at their home, poverty has reached the zenith of their lives. They basically had to pay their own fairs, which was multiple of the usual fares and they have to arrange for their own sanitation kit at the time, when they could not even afford the basic kit required for their survival. They are facing great uncertainties in their lives owing to stoppage of income, lost employment opportunities, educational hurdles of their children and many more. There were instances when the migrants tried to return to their homes walking on foot from the working locations and then losing their lives. It is very heart wrenching to see that how the lower sections of the society have to wait for uncountable hours just to get the basic treatment in the hospitals, and most of the times they succumb to their lives. Even for medical reasons other than COVID, they are being kept in isolation and the doctors do not even care to provide the basic treatment necessary to keep that patient alive. Such is the pathetic condition, not just for them but for all the common public.

And I am simply amazed to see how our own Bollywood is treating the entire pandemic. It seems like it’s a kind of spring break for them where they have been asked to do whatever they can. Many such pompous and self-centred Bollywood actors resorted to making videos such as washing the dishes when the bai is unable to come or when they are cooking some dish, which apparently we do it almost every day and then there are others who make their son playing an instrument while she teaches him how to do classical dance. And the worst part of it all is that, they all chant the same thing as to stay inside, wear mask, frequent sanitisation and doing things at home to keep mental stress at bay, but what they are forgetting is that they might have the opportunity to stay away at Disneyland, but others have to go out of their safe haven and do something to survive. Recently, a top notch Bollywood actor was tested positive for COVID and he and some of his ‘beloved’ family members had to be admitted to the hospital. He was tested on a regular basis for COVID and his family was getting the best medical care possible. The most surprising element of this news is that, first, it was broadcasted as a breaking news almost on all the national news channels and second, all the people were desperately praying for him and his family. Such is the disparity.

My only concern is in the fact that where is the praying when it comes to the ordinary people? People who are actually working for us, where are we when we need them? Why such disparity, even when the soul is not labelled?

Alas, our society still thinks actors are ‘heroes’.

Source: Self

Child labour

Child labour is a term you might have heard about in news or movies. It refers to a crime where children are forced to work from a very early age. It is like expecting kids to perform responsibilities like working and fending for themselves. There are certain policies which have put restrictions and limitations on children working.

The average age for a child to be appropriate to work is considered fifteen years and more. Children falling below this age limit won’t be allowed to indulge in any type of work forcefully. Why is that so? Because child labour takes away the kids opportunity of having a normal childhood, a proper education, and physical and mental well-being. In some countries, it is illegal but still, it’s a far way from being completely eradicated.

Causes of Child Labour

Child Labour happens due to a number of reasons. While some of the reasons may be common in some countries, there are some reasons which are specific in particular areas and regions. When we look at what is causing child labour, we will be able to fight it better.

Firstly, it happens in countries that have a lot of poverty and unemployment. When the families won’t have enough earning, they put the children of the family to work so they can have enough money to survive. Similarly, if the adults of the family are unemployed, the younger ones have to work in their place.

Moreover, when people do not have access to the education they will ultimately put their children to work. The uneducated only care about a short term result which is why they put children to work so they can survive their present.

Furthermore, the money-saving attitude of various industries is a major cause of child labour. They hire children because they pay them lesser for the same work as an adult. As children work more than adults and also at fewer wages, they prefer children. They can easily influence and manipulate them. They only see their profit and this is why they engage children in factories.

Eradication of Child Labour

If we wish to eradicate child labour, we need to formulate some very effective solutions which will save our children. It will also enhance the future of any country dealing with these social issues. To begin with, one can create a number of unions that solely work to prevent child labour. It should help the children indulging in this work and punishing those who make them do it.

Furthermore, we need to keep the parents in the loop so as to teach them the importance of education. If we make education free and the people aware, we will be able to educate more and more children who won’t have to do child labour. Moreover, making people aware of the harmful consequences of child labour is a must.

In addition, family control measures must also be taken. This will reduce the family’s burden so when you have lesser mouths to feed, the parents will be enough to work for them, instead of the children. In fact, every family must be promised a minimum income by the government to survive.

In short, the government and people must come together. Employment opportunities must be given to people in abundance so they can earn their livelihood instead of putting their kids to work. The children are the future of our country; we cannot expect them to maintain the economic conditions of their families instead of having a normal childhood.

Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially or morally harmful.[3] Such exploitation is prohibited by legislation worldwide,[4][5] although these laws do not consider all work by children as child labour; exceptions include work by child artists, family duties, supervised training, and some forms of child work practiced by Amishchildren, as well as by indigenous children in the Americas.[6][7][8]

Child labour has existed to varying extents throughout history. During the 19th and early 20th centuries, many children aged 5–14 from poorer families worked in Western nations and their colonies alike. These children mainly worked in agriculture, home-based assembly operations, factories, mining, and services such as news boys—some worked night shifts lasting 12 hours. With the rise of household income, availability of schools and passage of child labour laws, the incidence rates of child labour fell.[9][10][11]

In the world’s poorest countries, around one in four children are engaged in child labour, the highest number of whom (29 percent) live in sub-saharan Africa.[12] In 2017, four African nations (Mali, Benin, Chad and Guinea-Bissau) witnessed over 50 percent of children aged 5–14 working.[12] Worldwide agriculture is the largest employer of child labour.[13] The vast majority of child labour is found in rural settings and informal urban economies; children are predominantly employed by their parents, rather than factories.[14] Poverty and lack of schools are considered the primary cause of child labour.[15]

Globally the incidence of child labour decreased from 25% to 10% between 1960 and 2003, according to the World Bank.[16]Nevertheless, the total number of child labourers remains high, with UNICEF and ILOacknowledging an estimated 168 million children aged 5–17 worldwide were involved in child labour in 2013.[17]

The Child Marriage Restraint Act, 1929 and Jaya Jaitly Task Force

By Udbhav Bhargava

The minimum age of marriage for women in India will probably get changed from 18 to 21 as the government has created up a high-level committee to delve deep into to the matter to deliver their recommendations by July 31. The 10-member working group would have members from Women and Child Development, Law and Education ministries. An amendment in the marriage age provisions of the Sarda Act is seen as a probable conclusion.

Jaya Jaitly, former president of the Samata Party, is coined as the head of the committee and will guided by VK Paul (Health Department, NITI Aayog) along with the other members. The Task Force will discuss topics pertaining to motherhood and marriage at an early age, the age of motherhood, the imperatives of a decline in maternal mortality rates, and dietary changes.

A background of laws codifying legal age of marriage

The legislation prescribes a minimum marriage age to effectively prohibit child marriages and deter child violence. In 1860, the Indian Penal Code criminalized any sexual activity with a child below 10 years of age. Age of Consent Bill, 1927 found marriages with a girl below 12 illegitimate.

Sarda Act

The Child Marriage Restraint Act of 1929, defined 14 and 18 years as the minimum marriage age for women and men respectively. After its proponent Harbilas Sarda, a judge and an affiliate of Arya Samaj, the legislation is popularly known as the Sarda Act. It was the first topic of social change that an organized women’s community in India had taken up. Via picketing their delegations, carrying placards and shouting slogans, this group forced many lawmakers to back the act.  They thought passing of this act would show the world that India is serious about social reforms. During the colonial era of British rule in India the Act remained a futile exercise British did not want to gain the resentment among the communal elements of Hindus and Muslims. Principally states have been excluded from the effect of the Act.

Post-Independence the Sarda act was amended in 1978. Since then, the minimum legal age for marriage has been 18 for women and 21 for men. The Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively and have codified provisions that enable stringent measures against the promoters of child marriage.

A Rainy Day in Summer

I don’t know about you, but I absolutely love the rain. This is especially true when I am indoors with the day to myself, with the ability to do whatever I please. Rain seems to make everything cozier and more magical.

You may consider being stuck inside horrific- but it doesn’t have to be that way! First, I suggest you to forget about that to do list. If you must go out in the rain don’t forget your lovely rainboots and fetching raincoats and the thought of putting on the kettle for tea when you return.

Instead of feeling as though you are stuck inside, look at the rain as a gentle encouragement to do all of the things for yourself that you would normally put off or set aside as not important. Allow the day to unfold with ease and enjoy the cleansing feeling that rain brings.

You can Even snuggle up with a good book. Pick up something you have been wanting to read but couldn’t find the time, or an old favorite. Try to avoid books you “have to” read and instead go for something you want to read. Curl up with your softest blanket and let yourself lost within the pages.

Often the temperature drops when it rains, so warm yourself up with a nice hot cup of tea. Sip it slowly and enjoy the moment.

It is amazing the variety of sounds that rain can make. Drip, drizzle, splash, splat, slush. Listen to how the rain you are experiencing sounds and capture it in a short poem. See if you can include other senses by describing the scent, feel, look, and taste of the rain. Feel free to use your imagination.

Another way to warm up the house and cheer yourself up with some comfort food. Choose an easy recipe that you already have all the ingredients for. Baking is also a wonderful way to make your home smell delicious and inviting.

Nothing lifts the gloom off a rainy day quite like hearing a friends voice. Discover what is new in each other’s lives and just chit chat for fun. Perhaps call someone that may need a little extra comfort today. I’m sure you will both hang up the phone smiling.

Put on music that beat reflects your mood at the moment and be absorbed by the sound. Let your body move in new and spontaneous ways to the music. It doesn’t have to be traditional dance music for you to get moving! Let the music move you in a way that feels most natural for you.

Watch a childhood movie. Choose one you haven’t seen in ages. Chances are there will be scenes and conversations in the movie that went right over your head when you were little! Perhaps you remember the movie differently. In any case, you will have fun rediscovering why you loved it.