Internet Theft: Can the government be considered as a white collar criminal?

With the constant rise in digitalization, the computer stores information in binary data form and deeply on the data form which is a way that the device tracks a lot of information in an effective way. Subsequently, with the invention of personal computers and microprocessors the idea of using computers for exclusive use of an individual rose. The process was not only affordable but also made management and storage of information easier. But this evolution has also led to increased interactions and sharing of private data using computer, ultimately leading to illegal activities known as cybercrimes. Identity theft is one such crime. Identity theft refers to a crime when a person fraudulently obtains information of another person and later uses it for economic or personal gain. The theft happens in a two-step process. Firstly, the personal information gets stolen. Later, the information gets used to impersonate the victim and commit the fraud. Identity theft has already made its place among the fastest growing sector in not only the developed countries but also the developing countries. The primary reason for US being affected stands firm to the fact that all the personal information is linked to a single social security number. The number allows an individual to avail all government schemes and records related to the individual whose social security number it is. This allows very little safeguarding to the individuals whose number gets leaked. Landing on Indian records, there has been an 11% increase in identity theft and ransom ware, followed by phishing attacks increase to 9%. India also been ranked amongst top 5 countries to be affected by cybercrimes in 2013. Problematically, there is a very low conviction rate despite the high levels of cybercrime.

There are provisions in Indian Penal Code, 1860 which governed the crimes of forgery and fraud but it was later amended by the Information technology Act, 2008 as it also included the electronic record, ultimately widening the ambit of such computer data related crimes. Provisions such as section 464 criminalizing forgery, Section 465 criminalizing making of false documents, section 468 criminalizing forgery for purpose of cheating, Section 469 criminalizing forgery for purpose of harming reputation, Section 469 criminalizing the use of a genuine document as forged and section 474 of having possession of a document with intention of using the genuine document as forged were coupled with IT Act. Section 420 could be used in circumstances when the Act requires including unique identification information of any individual.

In the present scenario, the IT Act, 2000 is the main legislation governing cybercrimes in India. The objective of the Act, however, was to mainly recognize e-commerce and that’s why it did not define cybercrime. Before the 2008 amendment, the Act could impose civil liability for unauthorized access to computer or network which would have facilitated an illegal act under section 43 by way of compensation under the pecuniary limit of one crore. Also, Section 66 criminalized hacking which would result to destruction, deletion or alteration of any resource in the computer.

The Amendment of 2008 introduced the term ‘Identity Theft’. Section 66C of the Act governs the crime and provides punishment for the same.

The ‘sensitive personal data’ however required stronger laws to be formulated which could ensure the protection of private data. The ambit of the term has been defined by IT rules, 2011. It involves the data related to one’s password, financial information, sexual orientation, biometric information, medical records. Such a clause would be exceptional to the State or central government for monitoring, surveillance or interception. The same was provided under Section 69 of the Act.

Data Protection Bill 2019 and Cyber-Crime are often used together these days. Not scholarly but indeed since the bill does come with serious implications for all technological and digital service provider companies and has already generated controversies. Despite India’s attempts to create a complex legal framework with the objective of protecting data but it comes with shortcomings which are inevitable. On a bare reading, there are three serious flaws with the current draft.

Firstly, the section of data localization requires data fiduciaries to store atleast one copy of personal data on a data centre or server which is located in India. However, the centre holds the upper hand to exempt categories falling under the personal data. Also the centre can declare certain datas as critical and require them to be stored in India. In the present, this would allow all the social sites also known as foreign internet services to physically able a user data in the country. This would allow law enforcement easy access to this data, which brings to the second issue.

The law enforcement access to data section would allow processing of data considered personal by an individual in the hands of centre and in the interest of security and public welfare, the state can utilize the information which would not be illegal as it would be according to procedure established by law. Now, this access stands as a threat to the right to privacy that exists in India. If combined with the section of data localization, the government shall have access to information about users in social media.

However, this legal framework for surveillance by the government is governed by the judgment in PUCL v Union of India in which the Apex Court stated rules to concentrate the power to order and review surveillance in the executive body which doesnot require court orders or supposedly, any third party review. The measure intended to act as a stopgap measure by the SC and if any subject falls short of international human rights then there will be very little to safeguard the citizens.

The last section is about the regulatory structure created. The Centre has control significantly over the controls. The bill further gives powers to data protection authority to appoint its members by merely the recommendation of an outside committee. For a person to be an effective regulator of an institution, one must have sufficient time to learn and the bill providing only five years of term seems ineffective.

The term white collar crime has grown to define the fraudulent crimes of business and government professionals over time. The characterization of such a crime is violation of trust, concealment of information, deceit through information and categorically not dependent on any kind of force or violence imposed. White collar crimes end up having huge impacts on the society. There have been various scams in the country like the Havala scam, 2g scam, fodder scam, banking scam and many more. This does not necessarily indicate towards the entire involvement to be criminal but it merely requires one financial fraud in greed of money or power to commit such an act. Cybercrime stands as one of the biggest causes to these types of crime in the country. It is the information that single handedly threatens a person’s security and financial status.

Since the actions of Government have direct impact on the society, it is easily identifiable that when a white-collar group is discussed, the Government is a part of it.

Now, bringing the recent proposed bill and the white-collar crime concept together, the question stands whether the bill in the name of data protection is actually for protection or is merely a tool of mass surveillance by the Government.

The SC in its judgment of right to privacy in K.S Puttuswamy case declared the right as a part of Article 21 guaranteed under the Constitution. The judgment clearly stated that the right is a natural right and is a measure to protect an individual from the scrutiny of the State. Thus, any action by the State would undoubtedly result in violation of such a right and would be subject to judicial review. But the right clarified to have reasonable restrictions which empower the State to impose restrictions in accordance with a law in the interest of State’s need and also the means should be in proportion to the objectives of law.

Even if not called the worst but if the bill is passed, it would bring in major implications especially in areas of national security, foreign investment as well as international trade.

SHOR IN THE CEREBRAL CORTEX

The Krakatoa volcanic eruption in Indonesia created the loudest sound ever reported at 180 dB in the year 1883. Do you know what’s louder than that? My mind thinking, producing thoughts faster than the blink of an eye. ‘Writer must be some mad scientist solving scientific equations in her brain’, one might think. On the contrary, the equations my brain analyses are the thousand possibilities of one single situation.

Everyone is looking at me. They are talking about me. Is it my hair? Is it the shirt I’m wearing? I think the world knows about that one time when I mispronounced the word ‘laminate’ as ‘lemonade’ in 6^th grade. This is it. Life gave me lemons and the lemonade I made is SOUR.

An organ made of soft tissues and approximately two clenched fists in size has the power to make and break one’s life is a big accusation on our Brains. But who is to be blamed then?

I would like to someday adopt a Fish and a Cat and a Dog. But what if the cat eats the fish and the dog chases the cat and then they all flee my house and I’m left alone with my thoughts again. You would call it unnecessary paranoia and you would be right. I don’t really reside in my body; I’m simply paying rent to it. This rented house of mine has two windows, I call them my eyes. I guess my mind is the prison and I’m never going to get out of it.

I’m a visitor inside my brain and now my thoughts have chained me to my bed and I’m stuck. Hello, is anybody there, you got keys to my cell?

Wait a minute there is nobody here miles and miles away then who really locked the cell from outside? I give it one small push and it opens with a creak. The door to my prison was never locked? I was staying there voluntarily!

The Brain is powerful. How many doors in your life, you think are locked but aren’t? How many times have you been stuck in the mental prison of overthinking? Something that really had a simple solution. There is an old African line that says, ‘When there is no enemy within, the enemy outside can do us no harm.’ Cerebral Cortex is that part of the brain which produces thoughts, the capability of imagining things beyond reality. It is the strongest force in your life. It will force its opinions on you – ‘you are not good enough’, ‘you cannot do it’, ‘what will they say about you?’,’ stop, you are not made for this.’

Dear Mind of mine, thank you for your opinions but every overthinking thought you produce is equivalent to nothing. We bring it to life with the attention we give it. Stressful thoughts knock on our doors and we tell them ‘STAY OUT’. But that makes them knock louder.

BUT HOW DO I CONTROL AND DESTROY THOSE THOUGHTS?

The secret is – don’t mind the mind. This is the natural state of existence. This is the law of universe. In Science, the first law of Thermodynamics states that, ‘You cannot create or destroy energy but you can transfer it from one thing to another.’ Thoughts will arise and yes you will fill them but you don’t have to fight, control or defeat you mind. Just stay neutral in between those thoughts and it will dissolve into silence. A peaceful state of mind.

Or we can order a pizza and transfer the energy we spend on overthinking into the process of eating this slice of cheesy heaven. But why does the circle pizza come in a square box? And why is a slice of pizza triangle? Did mathematicians invent the pizza? Is pizza the SYMBOL OF ILLUMINATI?! WHAT IF…..and just like that the writer fell into her rabbit hole of overthinking and the Shor (noise) in her Cerebral Cortex was louder than the Shor in her city.

CHARGE UNDER TRANSFER OF PROPERTY ACT, 1882

INTRODUCTION

Concept of Charge is defined under Section 100 of Transfer of Property Act, 1882 and Companies Act 2013^[1] covers its registration.

AS DEFINED IN TPA, 1882:

Section 100 of the TPA, 1882 defines charge as,

“Where immovable property of one person is by an act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge.

Nothing in this section applies to the charge of a trustee on the trust-property for expenses properly incurred in the execution of his trust, and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge.”

It says that:

Where immovable property of one person is, by act of parties or operation of law, makes security for the payment of money to other person, and that transaction does not values as mortgage then the latter person is said to have a charge on the property, and all the provisions which apply to simple mortgage are also applied to charge.

This is an exception to charge, provisions of this section does not apply to trustee who has paid or incurred all the expenses properly in execution of his trust for the trust property. Acc. to section 32 of Trust Act: Every trustee may re-imburse himself, or pay or discharge out of the trust property, all expenses properly incurred in or about the execution of the trust, or the realization, preservation or benefit of the trust property, or the protection or support of the beneficiary. If he pays such expenses out of his own pocket, he has a first charge upon the trust property for such expenses and interest thereon; but such charge shall be enforced only by prohibiting any disposition of the trust property without previous payment of such expenses and interest.^[2] This means a trustee may repay himself for such expenses only out of the trust income and can prohibit transfer of trust property if payment of his expenses has not been done.

Hereby, exception 2 says that no charge shall be enforced on a transferee i.e. the person to whom property has been sold or transferred for the exchange of consideration and without the notice of charge. Therefore, he has taken the ownership of the property in good faith without any knowledge of such charge being associated to the property.

MEANING:

Charge means, where immovable property of one person is, by act of parties or operation of law, made security for the payment of money to another, and the transaction does not amount to mortgage, the latter person is said to have charge on the property, and all the provision hereinbefore contained which apply to simple mortgage shall, so far as may be, apply to such charge.

If charge is attached to the property charged?

The charge for maintenance, present and future, is recurring charge and is not extinguished by a decree for sale. A recurring charge is not identical with mortgage. The auction purchaser will not get the property free from the charge. The charge will continue as long as the decree holder has right to recover future maintenance. Such person can bring the property to sale whenever maintenance becomes due to her notwithstanding the fact that the property is in the hands of an auction purchaser, who purchased it in sale held previously in satisfaction of the decree for arrears of maintenance.

The words “which apply to apply to a simple mortgage shall, so far as may be, apply to such charge” in this section were substituted by section 53 of Transfer of Property (amendment) Act, 1929, for the words “as to a mortgagor shall, so far as may be, apply to the persons having such charge.” Evidently, the effect of the amendment was that all the provisions of TP Act which apply to simple mortgages were made applicable to the charges.

Case Law:

Haryana Financial Corporation v. Gurcharan Singh^{^[3]}

“An ordinary charge created under the Transfer of Property Act is compulsorily registerable. The first portion of Section 100 of the TP Act lays down that where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge. The words “which apply to a simple mortgage shall, so far as may be, apply to such charge” in this Section were substituted by Section 53 of the Transfer of Property (Amendment) Act, 1929, for the words “as to a mortgagor shall, so far as may be, apply to the owner of such property, and the provisions of Sections 81 and 82 shall, so far as may be, apply to the persons having such charge.” Evidently, the effect of the amendment was that all the provisions of the TP Act which apply to simple mortgages were made applicable to charges.”^[4]

EXCEPTIONS TO CHARGE

Charge of a trustee

It is a charge created on immovable property which is also a trust property in trustee’s favour i.e. responsible for the maintenance. This charge doesn’t extinguish by the sale of the property as it would lead to destroying the trust. A trustee can be reimbursed from the expenses out of the income of the trust, therefore he can stop the transfer of the trust property.

Transferee who had no notice about the charge

Transfer of property in hands of a person who was unknowledgeable about the charge on property i.e. no notice was given to him by the transferor therefore, charge cannot be enforced upon the transferee. A charge is ad rem and can be enforced upon transferor who got the consideration if he has taken transfer with the notice of charge.

ESSENTIALS OF CHARGE

IMMOVABLE PROPERTY

The charge must be created against an immovable property which can be a current or future property belonging to the borrower.
A charge cannot be created if the immovable property is not owned by the person from whom the payment is due.

DOES NOT AMOUNT TO MORTGAGE

A charge is not a mortgage as there is no transfer of property and interest. Right in ad rem i.e. right to payment out of a specified property is generated. It has been mentioned in section 100 that a charge doesn’t amount to mortgage, although all the provisions which apply to a simple mortgage shall also be applicable to charge.

Case Law:

MatlubHasan v Mt Kalawati^{^[5]}

It was held that:

“If an instrument is expressly stated to be a mortgage and gives the power of realization of the mortgage money by the sale of the mortgaged premises, it should be held to be a mortgage. The fact that the necessary formalities of due execution were wanting would not convert the mortgage into a charge. If, on the other hand, the instrument is not on the face of it a mortgage, but simply creates a lien, or directs the realization of money from a particular property, without reference to sale, it creates a charge.”

KINDS OF CHARGE

CREATED BY ACT OF PARTIES

An agreement which gives immovable property as security for satisfaction of a debt without transferring any interest in property constitute a charge by act of parties. No particular form of word is needed for creation of a charge. It is sufficient if having regard to all the circumstances of the transaction, the document shows an intention to make the land security for the payment of money mentioned therein. Further, the Act nowhere prescribes any particular mode of creating orally. Where however, it is created by an instrument, such instrument must be registered unless amount involved is less than Rs. 100 [Section 17 (1) (b) of Registration Act].

ARISING BY OPERATION OF LAW

A charge by operation of law is one which arises irrespective of agreement of the parties. Such charges are known as equitable liens in English law.

Vendors charge for unpaid purchase money

This is provided by Section 54 (4) (b): “where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer before payment of whole of the purchase money, the seller is entitled to charge upon the property in hands of the buyer, any transferee without consideration or any transferee with notice of the non-payment, for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part 1[from the date on which possession has been delivered.”

Vendees charge for purchase money paid in advance

Under Section 55 (6) (b), the vendee is entitled “to a charge on the property, as against the sellers and all persons claiming under him to extent of seller’s interest in the property, for the amount of ant purchase money properly paid by the buyer in anticipation of delivery and for interest on such amount.”

Other instances of charge arising by the operation of law are mortgagee’s lien under Section 73 on surplus sale proceeds, a revenue sale, the right of maintenance under Section 39 and the right of a holder of a detective title who makes improvement on property under Section 51.

CASE LAWS

Pujjuru Suryanarayana vs. Union Bank of India, Rep. by It’s…

The objection raised in the execution petition was rejected by the learned Judge relying upon the provisions of Sub-rule (2) of Rule 15 of Order XXXIV CPC. Questioning the said order, the present civil revision petition is filed by the first judgment-debtor as mentioned above.

CPC has no application to a mortgage decree and that the reliance placed by the lower Court on the judgment of this Court in Rama Mandiram v. Raghavamma, (1984(1) ALT 8) is not sustainable. The reference to ‘charge’ in Sub-rule (2) of Rule 15 is preferable to the ‘charge’ created under Section 100, Transfer of Property Act, as mentioned in Sub-rule (1) of Rule 15. The learned Judge, in the said decision, dealt with the question whether there is any necessity of obtaining any separate final decree to enforce a decree of a charge created under Section 100 of the Transfer of Property Act.

The provision clearly indicates, that till the passing of final decree and even till the confirmation of the sale made in pursuance of the final decree, the defendant is entitled to redeem the mortgage.^[6]

Debendra Chandra Roy v. Behari Lal Mukherji and Anr.

The lower Appellate Court held, and we think rightly, that the Court of first instance was wrong in holding that any charge on the property described in the document could be held to be created by the document. Section 100 of the Transfer of Property Act expressly states that where immoveable property of one person is by act of parties or by operation of law made security for the payment of money to another and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and, in this case, there can be no doubt that the document, if valid, amounted to a mortgage. In these circumstances, it is impossible to hold that any charge by it was created on the property.^[7]

CONCLUSION

Hence, every mortgage is a charge but not every charge is a mortgage. A charge is an interest created over an immovable property for securing payment of the amount which is due to the party. The property is not transferred to the lender and only interest is created. It is neither a lien nor a mortgage but some properties of both are present in a charge.

[1] Section 77, Companies Act, 2013

[2] Section 32 in The Indian Trusts Act, 1882

[3] 2014(1) AWC 212 (SC)

[4]https://indiankanoon.org/doc/183708144/

[5] 147 IC 302, AIR 1933 All 934

[6] 1991 (2) ALT 361

[7]15 IndCas 666

Ragging – A punishable offence

Ragging is a disturbing reality in the higher education system of our country. Despite the fact that over the years ragging has claimed hundreds of innocent lives and has ruined careers of thousands of bright students, the practice is still perceived by many as a way of ‘familiarization’ and an ‘initiation into the real world’ for young college-going students.

Meaning and definition of ragging
The Supreme Court defined ragging in the Vishwa Jagriti matter (1999) as, “Any disorderly conduct whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness any other student, indulging in rowdy or undisciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student or asking the students to do any act or per form something which such student will not in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student.” ( Raghavan Committee Report, 2007)
Other organisations/bodies working in this field have also attempted to define ragging, the variety of definitions being reflective of differences in perspective and interpretation. In 2007, the Committee of Consultants to Raghavan Committee considered ragging “neither a means of familiarization nor an introduction with freshers, but a form of psychopathic behaviour and a reflection of deviant personalities. Further, ragging reproduces the entrenched power configurations prevalent in civil society.”
According to the UGC Regulation on Curbing the Menace of Ragging in Higher Institutions, 2009, ragging constitutes one or more of any of the following acts:

• Any conduct by any student or students whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness a fresher or any other student.
• Indulging in rowdy or undisciplined activities by any student or students which causes or is likely to cause annoyance, hardship, physical or psychological harm or to raise fear or apprehension thereof in any fresher or any other student.
• Asking any student to do any act which such student will not in the ordinary course do and which has the effect of causing or generating a sense of shame, or torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student.
• Any act by a senior student that prevents, disrupts or disturbs the regular academic activity of any other student or a fresher.
• Exploiting the services of a fresher or any other student for completing the academic tasks assigned to an individual or a group of students.
• Any act of financial extortion or forceful expenditure burden put on a fresher or any other student by students
• Any act of physical abuse including all variants of it: sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm or any other danger to health or person;
• Any act or abuse by spoken words, emails, post, public insults which would also include deriving perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture to fresher or any other student.
• Any act of physical or mental abuse (including bullying and exclusion) targeted at another student (fresher or otherwise) on the ground of colour, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background.
Government steps against ragging

The anti-ragging campaign got an impetus in 1999 when the Hon’ble Supreme Court, in response to a PIL filed by the Vishwa Jagriti Mission, asked the University Grants Commission (UGC) to issue guidelines to universities to curb ragging. The UGC formed a four member committee under Prof K.P.S. Unny, Registrar of Jawaharlal Nehru University, New Delhi, to examine and submit a report on ragging. In their recommendations, the Unny Committee put forward a Prohibition, Prevention and Punishment proposal i.e. prohibition by law, prevention by guidelines and punishment if the prohibition and punishment do not work. They recommended that central and state governments should enact laws against ragging. They suggested punishments ranging from cancellation of admission to a monetary fine of up to Rs. 25,000 and rigorous imprisonment of up to three years. The Committee also recommended various measures to be undertaken for sensitisation against ragging and highlighted the need for incentivizing wardens and students for their good conduct and anti-ragging activities. It was also suggested that institutions failing to curb ragging should be disaffiliated.

In 2006, the issue of ragging was once again brought to the forefront when the Supreme Court expressed its disappointment in the implementation of its previous guidelines and constituted another committee under Dr. R K Raghavan, Director CBI, to suggest means and methods to prevent ragging; to suggest possible action that can be taken against persons indulging in ragging; and to suggest possible action against institutions that fail to curb ragging. The committee made several important observations. It noted that ragging has many aspects, including psychological, social, political, economic and cultural, and that it adversely impacts the standards of higher education. It considered ragging as our failure to inculcate human values from the schooling stage. The Committee made some strong recommendations to curb ragging.

UGC Regulation on Curbing the Menace of Ragging in Higher Educational Institutions, 2009
In order to address the issue of increase in ragging cases in campuses, the University Grants Commission (UGC) has brought out the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009. These regulations are to be followed mandatorily by all Higher Educational Institutions. UGC has established an Anti-Ragging toll free “helpline” 1800-180-5522 in 12 languages for helping victims of ragging. The UGC has developed an Anti-Ragging Website – http://www.antiragging.in. The Portal contains the record of registered complaints received and the status of the action taken thereon.

Punishments accorded

According to the UGC Regulation on Curbing the Menace of Ragging in Higher Educational Institutions, 2009, depending on the nature and gravity of the guilt established by the Anti-Ragging Squad, those found guilty may be awarded one or more of the following punishments, namely;
• Suspension from attending classes and academic privileges.
• Withholding/ withdrawing scholarship/ fellowship and other benefits.
• Debarring from appearing in any test/ examination or other evaluation process.
• Withholding results.
• Debarring from representing the institution in any regional, national or international meet, tournament, youth festival, etc.
• Suspension/ expulsion from the hostel.
• Cancellation of admission.
• Rustication from the institution for period ranging from one to four semesters.
• Expulsion from the institution and consequent debarring from admission to any other institution for a specified period

D. Punishments under Indian Penal Code against acts of Ragging
• Every single incident of ragging or abetting in ragging puts an obligation on the institution to get the FIR registered. There are provisions in the IPC, which can be used by a student to register an FIR in the nearest Police Station. These provisions are:
• 294 – Obscene acts and songs
323 – punishment for voluntarily causing hurt
324 – voluntarily causing hurt by dangerous weapon or means
325 – punishment for voluntarily causing grievous hurt
326 – voluntarily causing grievous hurt by dangerous weapon
339 – Wrongful Restraint
340 – Wrongful Confinement
341 – Punishment for Wrongful Restraint
342 – Punishment for Wrongful Confinement
506 – Punishment for culpable homicide not amounting to murder

Publishing ragging is banned : The institutions are required to publish that the ragging is totally banned in the institution and anyone found doing/abetting ragging would be suitably punished.
Brochures/Application Form/Enrollment Form :The college brochures are required to mention these guidelines in full. The prospectus would include all directions of Supreme Court/Central and State Government as applicable. The application/enrollment form for admission will have an undertaking in English and Hindi and preferably one in regional language to be signed by parent/guardian. The school-leaving certificate should reflect the behavioral pattern of the student.
Affidavit of Student : A student during the admission process has to file an affidavit along with his parents/guardian’s signature, stating that he will not be ragging other students directly or indirectly.
Anti-Ragging Committee : Every institution shall constitute a committee to be known as the Anti-Ragging Committee. To be nominated and headed by the Head of the institution, and consisting of representatives of civil and police administration, local media, Non-Government Organizations involved in youth activities, representatives of faculty members, representatives of parents, representatives of students belonging to the freshers category as well as senior students, non-teaching staff; and shall have a diverse mix of membership in terms of levels as well as gender.

Contact detail of Anti Ragging Helpline/Anti Ragging Committee/Anti Ragging Squad : Every fresh student admitted to the institution shall be given a printed leaflet detailing to whom he/she has to turn to for help and guidance for various purposes including addresses and telephone numbers, so as to enable the student to contact the concerned person at any time. Identity of informants of ragging incidents is fully protected.
Anti ragging squad : Anti ragging committee would also monitor and oversee the performance of the Anti-Ragging Squad. It shall be the duty of the Anti-Ragging Squad to make surprise raids on hostels, and other places vulnerable to incidents of, and having the potential of, ragging.

Ragging is a problem of the students and by the students; and therefore, the solution to it also lies with the students. With ragging becoming rampant in colleges, it is about time that the the student community awakens its conscience to this inhuman practice before more and more innocent students become victims of it and before more and more educational institutes are degraded by it.

Child Labour Prohibition and Regulation Act – A great step to eradicate child labour

Children are one of the vulnerable groups in the society. Child labour is socio-economic phenomenon. This phenomenon is trapped in vicious circle by poverty, illiteracy, unemployment, demographic expansion, deep social prejudices and above all the government interest are commonly consider as the most prominent causative factors for large scale employment children.

As per the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, amended in 2016 (“CLPR Act”), a “Child” is defined as any person below the age of 14, and the CLPR Act prohibits employment of a Child in any employment including as a domestic help. It is a cognizable criminal offence to employ a Child for any work. Children between age of 14 and 18 are defined as “Adolescent” and the law allows Adolescent to be employed except in the listed hazardous occupation and processes which include mining, inflammable substance and explosives related work and any other hazardous process as per the Factories Act, 1948.

Indian constitution provides many provisions to the child, prohibited child labour and it also mention the rights of the child. They are,

The Article 15 : The state shall not discriminate against any citizen on grounds only of race, religion, caste, sex and place of birth.

Article 23: prohibition of employment children from factories

Article 39: certain principles of policy to be followed by state that are referring to the secure of children that the health and strength of workers, men and women and the tender age of age children are not abused and that citizens are not forced by economic necessity to enter evacuation and unsuited their age and strength.

Article 45: provision for early childhood care and education to the children below the age of six years.

Article 21-A: right education the state shall provide free and compulsory education to all children age of six to 14 year.

Article 24 of Indian Constitution says Prohibition of employment of children in factories, etc. which means child below the age fourteen years should not be employed in work in any factory or mine or engaged in any other hazardous employment.

Child Labour Technical Advisory Committee

The Central Government may, if it thinks it to be necessary can constitute an advisory committee i.e. the Child Labour Technical Advisory Committee by giving notification about it in the Official Gazette. It is the duty of the Committee to advise the Central Government if there’s a need to add occupations or processes to the Schedule. The Central Government appoints the members of the Committee but the Committee should not exceed more than 10 members. The Committee shall also consist of a Chairman. There isn’t any limitation on the number of meetings Committee shall have. The Committee shall meet whenever they feel necessary and the meetings shall be regulated according to the procedure which shall be decided by them.
The Committee may itself constitute one or more sub-committees if they feel a need to do so.
The Chairman and other members of the Committee are entitled to an allowance.

THE CHILD LABOUR (PROHIBITION AND REGULATION)AMENDMENT ACT, 2016

Objectives of the Act

Prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and thematters connected therewith or incidental thereto

Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, children younger than 14 years can now work in family enterprises and farms after school hours and during holidays. Children working as artists in the audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities, except the circus, have also been granted exemption, provided the work does not affect their school education.
Besides, the Act provides banning employment of children between 15-18 years in hazardous works, in sync with the Right to Children to Free and Compulsory Education Act 2009.

The Bill enhances the punishment for employing any child in an occupation. It also includes penalty for employing an adolescent in a hazardous occupation.

The penalty for employing a child was increased to imprisonment between 6 months and two years (from 3 months-one year) or a fine of Rs 20,000 to Rs 50,000 (from Rs 10,000-20,000) or both.

The penalty for employing an adolescent in hazardous occupation is imprisonment between 6 months and two years or a fine of Rs 20,000 to Rs 50,000 or both.
anyone repeats offences like employing child or employing adolescents in hazardous occupations mentions in this act under section 3A, they shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years.

[section 2] of The Child Labour (Prohibition & Regulation) Act, 1986 defines, ‘child’ means a person who has not completed his 14 years of age.

[section 2 (i)]
(i ) “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;

[section 3] No child shall be employed or permitted to work
in any occupation or process (The Child Labour (Prohibition and
Regulation) Amendment Bill, 2012 ) under this section, no child shall be employed are permitted to work in any establishment, occupation or process. Which means child should not be employed are permitted to work anywhere. but according to the [section 3 (2)] child is permitted to work at their own family business and audio & visual industry. provided that such work should not hamper or effect School education of a child.

[section 3 (2)]
According to the new amendment, child is allowed to work at certain places mentioned below.
(a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations;

(b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed: Provided that no such work under this clause shall effect the school education of the child.

Explanation.—
For the purposes of this section, the expression,

(a) ‘‘family’’ in relation to a child, means his mother, father, brother,sister and father’s sister and brother and mother’s sister and brother;
(b) ‘‘family enterprise’’ means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons;

(c) ‘‘artist’’ means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section
(2).section 3A] No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule:

THE SCHEDULE

(1) Mines.
(2) Inflammable substances or explosives.
(3) Hazardous process.

Explanation.—
For the purposes of this Schedule, “hazardous process” has the meaning assigned to it in clause (cb) of the Factories Act, 1948.’
(cb) “hazardous process” means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes, or effluents thereof would-
(i) cause material impairment to the health of the persons engaged in or connected therewith, or
(ii) result in the pollution of the general environment:

[section 7] Hours and period of work (adolescent only)

(1) No adolescent shall be required or permitted to work in any establishment in excess of such number of hours, as may be prescribed for such establishment or class of establishments.

(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no adolescent shall work for more than three hours before he has had an interval for rest for at least one hour.

(3) The period of work of a adolescent shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.

(4) No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m.

(5) No adolescent shall be required or permitted to work overtime.

(6) No adolescent shall be required or permitted to work in, any establishment on any day on which he has already been working in another establishment.

[section 8] Weekly holidays (adolescent only)
Every adolescent employed in establishment should be allowed to have a holiday for a whole day once in a week.

[section 9] Notice to Inspector
Every employer who employed adolescent at his establishment should intimate to the inspector appointed by the government within 30 days from date of employment of child.

[Section 10]. DISPUTES AS TO AGE. (adolescent) –
If any question arises between an Inspector and an occupier as to the age of any adolescent who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority.

[section 11] Maintenance of register any establishment where adolescent is employed or permitted to work, a register should be maintained by the owner of establishment and should be made available all the times during working hours for inspection by Inspector appointed by the government for this purpose. The register should contain following details

Name of the child
date of birth of the child
number of working hours and internal for rest to child
nature of work dealing child
any other particulars
Section 13 ] Healthy and Safety (adolescent )

Appropriate government is having power make rules on the following matters for the health and safety of the children employed or permitted to work in any establishment or class of establishments.

(a) cleanliness in the place of work and its freedom from nuisance;
(b) disposal of wastes and effluents;
(c) ventilation and temperature;
(d) dust and fume;
(e) artificial humidification;
(f) lighting;

(g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervision in relation to employment of children on dangerous machines;
(n) device for cutting off power;
(o) self-acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of access;
(r) pits, sumps, openings in floors, etc.;
(s) excessive weights;
(t) protection of eyes;
(u) explosive or inflammable dust, gas, etc.;
(v) precautions in case of fire;
maintenance of buildings; and
(x) safety of buildings and machinery

Constitution of Child and Adolescent Labour Rehabilitation Fund

Section 14B. (1) The appropriate Government shall constitute a Fund in every district or for two or more districts to be called the Child and Adolescent Labour
Rehabilitation Fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district or districts, shall be credited.

(2) The appropriate Government shall credit an amount of Rs. 15000/- to the Fund for each child or adolescent for whom the fine amount has been credited under sub-section
(1).

(3) The amount credited to the Fund under sub-sections (1) and (2) shall be deposited in such banks or invested in such manner, as the appropriate Government may decide.

(4) The amount deposited or invested, as the case may be under sub-section (3), and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is credited, in such manner as may be prescribed.

Explanation:—

For the purposes of appropriate Government, the Central Government shall include the Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution.

Rehabilitation of child or adolescent
14C. The child or adolescent, who is employed in contravention of the provisions of this Act and rescued, shall be rehabilitated in accordance with the laws for the time being in force.

Fails to pay

Section 14D (2) If the accused fails to pay such amount for composition of the offence, then, the proceedings shall be continued against such person in accordance with the provisions of this Act.

Inspite of all the measures taken by the government, child labour still prevails in the society. Let us hope for a better future where child labour will be eradicated completely.

Dematerialisation

Dematerialisation offers flexibility along with security and convenience. Holding share certificates in physical format carried risks like certificate forgeries, loss of important share certificates, and consequent delays in certificate transfers. Dematerialisation eliminates these hassles by allowing customers to convert their physical certificates into electronic format. Dematerialisation is a process through which physical securities such as share certificates and other documents are converted into electronic format and held in a Demat Account.

An investor intending to dematerialise its securities needs to open a Demat Account with a Depository Participant (DP). A depository is responsible for holding the securities of a shareholder in electronic form, these securities could be in the form of Share Certificates, bonds, government securities, and mutual fund units, which are held by a registered Depository Participant (DP).

As a share or debenture holder it is important to be aware of the procedures to manage the investment in securities collective name for equity shares, debenture, bonds, mutual fund units etc. Managing investment in securities is simple and easy in electronic form (dematerialised form) and it has many advantages over managing is in physical form like in past there is certificate issued in favour of shareholder if he/she buy stocks or any debenture bonds.

Section 5 of the Depositories act 1996 beneficial owner enter into an agreement with the depository for availing it’s service.

Investment in shares and debentures can be held in electronic or dematerialised can be held in electronic or dematerialised form in a depository. Depository is an entity which holds securities i.e Shares, bond’s, debentures, mutual fund units etc. of investors in electronic form at the request of the investor.

National securities depository Ltd (NSDL) and Central depository services Ltd (CDSL) are the depositories that are licensed to operate in India and are registered with SEBI.

Dematerialisation is comparable to keeping your money in a bank account. In demat form the physical share certificates are replaced by e-form buying of shares are reflected as credits in your demat account and sale are reflected as debits.

It is advisable to hold the securities in demat form as it offers many advantages like in Primary market as many public issue are taking place in demat mode. To apply in publice issue you need to have a demat account. Allotment of shares in IPO(Initial Public offer) is credited to the demat account.

In secondary market if you buy any shares thn after T+2 share credit on your demat account and you don’t have any need to visit anywhere to collect your certificate. Same in selling you can sell your shares anytime in working market. Unlike in physical shares you’ve to visit exchange office and in Ring you’ve to buy or sell your stocks. (Ring is a place where in past the buyer seller bid or ask for their shares).

ANALYSIS OF FALSE CONFESSION

WHAT IS A CONFESSION?

Confession doesn’t carry any definite meaning in definition given by ‘Sir James Fitzjames Stephen’ in his ‘A Digest of the Law of Evidence’. According to him, “a confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed a crime”. Thus, in Stephen’s definition an admission amounts to confession if the person accused or incriminated, firstly, states that he committed the crime or secondly, makes a statement by which he does not clearly admit the guilt, yet from the statement some inference maybe drawn that he might have committed the crime. But this definition was unaccepted by jurists.

The confession is nowhere defined in the Indian Evidence Act but the interpretation of admission given under provisions of Section 17 of IEA also applies to confession in an alike method, i.e. provisions for confession occur under the heading of admission. Section 17 signifies that, an admission is a statement, [oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

While ‘statement’ is a genus, ‘admission’ is a species of statement and ‘confession’ is a species of admission. A confession, if voluntarily and truthfully made is an important piece of evidence and is an ‘efficacious proof of guilt’. If it is found that the confession was made and was free, voluntary and genuine, there would remain nothing to be done by the prosecution to secure conviction.

Case Laws:

Pakala Narayan Swami V. Emperor

Lord Atkin examined and held that “A confession must either be admitted in the context of any offence or in relation with any substantial facts which inaugurate the offence with criminal proceedings. And an admission of serious wrongdoing, even conclusively incriminating fact is not itself a confession”.

Palvinder Kaur V. State of Punjab

The Supreme Court elevated the Privy Council decision in Pakala Narayan Swami case and substantiated their arguments over two reasoning- Firstly, the definition of confession only comes to endure when the statements conferring the admission that he is either liable for any offence or the admission is probating all the facts which establish the offence. Secondly, when the statement has distinctive qualities and contains such a mixture of confessional statements which conclude to the discharge of the person making the confession, then such statements doesn’t amount to a confession.

WHAT IS A FALSE CONFESSION?

Individuals at large are condemned for murders, assaults and homicides yet one may have been barely sentenced for the offence he really didn’t commit. It may sound bizarre but this practice is widespread. Evidence generated through a confession is effective but erroneous.

A false confession is a statement which claims an admission of guilt for commission of crime by a person who hasn’t committed it. In other words, false confession is acceptance of culpability for an offence against the law whereby confessor is not responsible for it. Such a confession which is bogus can be coaxed through coercion, or under mental duress, or due to incompetency of accused. A false confession can said to be an involuntary statement proving guilt for a crime under threat or mental constraint such as anxiety.

In spite of exceptional preparation done for how to behave in direct meetings with an accused person, police can’t separate better than a layman whether suspects are lying or coming clean in front of them. Suspects in confinement routinely give up their self-defensive rights to stay shut and to counsel especially if they are blameless. This is a reason why law has created a series of rules in Indian Evidence Act,1872 under sections 24 to 26 which states confessions when irrelevant or involuntary confessions.

Section 24 of Indian Evidence Act excludes confessions caused by certain inducements, threats and promises. Section 25 deals with confessions made by an accused and excludes confession made to police officer as those confessions are considered involuntary as police officer to secure confession uses shortcut method by putting the arrested person into third degree so that arrested person confesses. Section 26 prohibits proof against any person of a confession made by him in the custody of a police officer, unless it is made in the immediate presence of a magistrate.

CAUSES OF FALSE CONFESSIONS:

Police Interrogation:

Some of the tactics taught to, and then used by, police officers include:

1) The use of false evidence to cause a suspect to believe that there is enough evidence to convict them without a confession

2) Using different psychological tactics based on whether the suspect is considered an “emotional” or “non-emotional” suspect

3) Using bait questions such as, “Why would we find your fingerprints at the crime scene?”

4) Leading a suspect to accept that it is in their best interest to give a confession by convincing him/her that the benefits of confessing are relatively high while the costs are relatively low

5) Accuse the suspect as if they already have substantial evidence against them by using props such as large case files, fingerprint cards, and video tapes, etc.

6) Causing a suspect to believe that a co-suspect has already confessed and implicated them in the crime or that a witness has seen and identified them.

Serious Illness and Substance Abuse:

In excess of 75% of those with mental illness who proffer a false confession also have a co-occurring substance abuse problem. In fact, many of these mentally ill individuals are using illicit drugs at the time of their false confessions to “self-medicate” being that they are not taking their prescription medications.

KINDS OF FALSE CONFESSIONS:

VOLUNTARY FALSE CONFESSION

There are a variety of explanations why people volunteer to make false confessions — such as a pathological need for attention particularly in high-profile incidents mentioned in the news and media; a conscious or involuntary tendency for self-punishment to expiate feelings of remorse for past transgressions; an inability to differentiate fact from fiction due to a failure in perception control, a typical characteristic of serious mental illness; and a desire to shield the actual perpetrator.

COMPLIANT FALSE CONFESSIONS

Contrary to voluntary false confessions, compliant false confessions are those in which suspects are induced to confess to a crime they did not commit through interrogation. In such situations, the defendant responds with a plea demand to exit from a difficult situation, prevent penalty, or receive a conditional or possible reward.

INTERNALIZED FALSE CONFESSIONS

In the third type of false confession, innocent but pliable suspects, told that there is undoubted evidence of their involvement comes to cede not only in their behaviour, but also to believe that they may have committed the crime in subject and often false memories are fabricated in the process. Also, many fake cases surrounding confession involve the use and apparent manipulation of fabricated evidence ruse.

CASE LAW:

Birey Singh vs. State

Under the Evidence Act the confession can only be taken into consideration as against the others. A rule of caution has been adopted by all Courts that A should not be convicted on the basis of B’s confession without material corroboration. In the face of the distinct possibility that the others might have been falsely implicated, it would not be correct to convict them without material corroboration. Unless the Court is in a position to say that the others have not been falsely named in the confession, there would always remain a doubt which would prevent the conviction of the others. If they are to be convicted, that doubt must be removed by the production of evidence indicating the connection of the others with the crime. One cannot be said to be one’s own enemy, and one would have no reason to accuse own self falsely of a crime. One may not lose anything by implicating others falsely, but the same cannot be said of accusing own self falsely.

CONCLUSION

Confessions have always been perceived as the ultimate afterword when a case is on the edge of being completed. They are recognized as no less than a spotless piece of evidence for hurling the suspect in the detention centre for staying years. Confessions play a great role in shaping the judgment. However, such a conjecture is not up to the mark always. False confessions substantiate the last sentence. Confessing to an offence one didn’t commit is unintelligent and one will get inquisitive to know the answer. The answer can be seen as an amalgam of psychology and law. It can be best described as a psychological product leading to legal corollary with a deleterious impact on the victims. False confessions can be seen as a subclass of wrongful conviction.

[1] (1939) 41 BOMLR 428

[2] https://blog.ipleaders.in/confessions-under-the-indian-evidence-act/

[3] Criminal Appeal No. 41 of 1952

[4] AIR 1953 All 785

[5]https://indiankanoon.org/docfragment/901939/

Who delivers the Amazon cardboard boxes???

Cardboard boxes that have been used for generations and thrived in the age of e-commerce continue to flourish or could the cardboard box be facing a new challenger? Cardboard boxes are a very big deal within the U.S. The United States is the Saudi Arabia of trees. Someone’s going to make the first box and that’s almost inevitably a mill generally in the Southeast United States. China certainly doesn’t have trees and India the extent they do have trees they’re not necessarily the right types of trees and shouldn’t be dedicated towards making boxes for us. The box business grew rapidly up through 1999 when the U.S. coordinated box market had its peak shipment. Starting in the early 2000s the U.S. corrugated box market faced multiple economic obstacles.

The great recession dragged on box demand and even after the recession demand continued to slow for commodity like soda and for the boxes that transport them. The move to digital devices also coincided with a drop in demand for copy paper and newsprint. But box makers found a grace in e-commerce sales and Amazon sale specifically which were growing at mostly integer rates within the recession and post-recession years. Those e-commerce sales have become a significant market for the containerboard industry. In 2018 told a U.S. e-commerce sales were estimated to be $512 billion almost 50 percent higher than in 2015. Amazon captured 48 percent of those sales. Most estimates are that e-commerce accounts for about 10 percent of the U.S. box market. Amazon accounts for close to 5 percent of U.S. box demand. By our estimates they are clearly the single largest box user in the US. International Paper with a third of the market I think does closer to 50 percent of all the amazon boxes evidently they got a bit more share than perhaps some of the smaller players.

Amazon said they deal with most of the big box makers across the U.S. according to analysts. Those manufacturers include International Paper, WestRock, Packaging Corporation of America and Georgia-Pacific. Some investors were turning to these companies as a way to invest in the e-commerce giant without having to purchase Amazon’s pricey stock. People didn’t really start talking about buying International Paper or WestRock as a secondary investment in Amazon till about the last five years. Despite the boost from e-commerce sales the box business still isn’t growing all that much. And since 2018 their stocks have mostly underperformed the S&P 500. In 2018, 69 percent of International Papers total revenue came from the box business and that sales volume has been mostly flat for the past five years. Although the big producers sold less boxes in 2018 than in 2000, industry consolidation has dramatically narrowed the fields.

The handful of big players remaining are based in Memphis, Tennessee, Atlanta, Georgia and Lake Forest, Illinois. Analysts have told CNBC that substantial industry mergers have made it easier to collectively hike prices and those price increases have helped drive revenue. There are portions of the business that are in indisputable secular decline but if you’re in the brown part of the business, making these boxes, that’s been some very welcome growth. But those extra boxes piling up on people’s doorsteps have led to a backlash from disgruntled customers who are sick of receiving golf ball sized products in supersized boxes. It used to be that you’d order a toothbrush and it would come in three giant boxes and you’d say to yourself, what is this? Well, Amazon is trying to rectify that by using fewer boxes and using other types of packaging where appropriate. With e-commerce packaging underfire Amazon decided to change the way they do shipping. In 2008, Amazon introduced the Frustration Free Packaging program. It aims to reduce the extra packaging created when retail packaged products are placed inside Amazon boxes to be shipped. Instead, products certified in the program that are roughly the size of a blender or larger need to be packaged in their own ready to ship boxes. And those boxes also need to be made of 100 percent recyclable materials. For customers that means that the packaging is easy to recycle and the box is easy to open without all the excess packaging materials.

Amazon offered vendors an incentive of a dollar per shipment to modify their packaging. And starting August 1st 2019 Amazon is charging a $1.99 penalty for each product shipped that needs to be reboxed. And basically the point of this deadline is for Amazon to get out of the business of packaging. They want their vendors to send them boxes that Amazon doesn’t have to touch or rebox. Over the last two years we have invented two different kinds of flexible mailers. One is the blue and white all plastic mailer. We’ve recently launched in the last six, eight months a paper padded mailer that’s actually fully recyclable with the paper stream. Amazon said they made about 10 million shipments using the paper padded mailer and depending on the month the plastic mailer is used about 20 to 30 percent of the time. So really when we come down to deciding if the product is of the size it can go on a mailer, it’s not likely to be damaged by going in the mailer, the mailer is always the better fitting option and frankly is easier for the customer to choose to recycle than breaking down a corrugate box. We’re driving in that direction for many different reasons. But those plastic mailers generally are not accepted in municipal recycling programs and you’ll need to bring them to a store that accepts plastic bags. The latest stats from the EPA show that corrugated boxes were recycled at a rate of 92 percent in 2015 while plastic bags, sacks and wraps were recycled at a rate of 13 percent in 2015.

When you think about what is the greatest pain point for the consumer after having it get there safely arrive on time people are concerned about receiving something that is plastic or made a poly because of the environmental concerns. Some waste management companies say plastic packaging also causes problems for the recycling systems. Plastic mailers get caught in the recycling machinery slowing down the process and raising the costs for recyclers and sometimes contaminating entire bundles. Until Scotty on the Enterprise can beam the products from the warehouse to your living room I think Amazon’s going to be good for the corrugated business. I think there’s going to be noise I think you’re going to have challenges from time to time where people say, “Should we try and the plastic pouch?”, in the long run plastic is going to be on the wrong side of history. Because Amazon is a market leader in the U.S. e-commerce sector any move away from cardboard to plastic mailers could signal a shift for the entire industry. The corrugated box could be about to undergo a major facelift. We’re seeing some major trends among consumers and what they’re expecting from e-commerce and the first one is actually this desire for increased engagement with the package. In 2015, Amazon partnered with Universal Pictures and Illumination Entertainment to ship orders in bright yellow delivery boxes featuring cartoon characters from the movie Minions. The boxes promoting the movie and a special Amazon U.R.L. dedicated to shopping for merchandise from the film.

Right To Information : Here is you need to know about RTI

RTI stands for Right to Information. Right To Information Act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to information also empowers citizens to official inspect any Government work or to take the sample of material used in any work.

Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.

Right to Information Act 2005, which became effective on 13th October 2005, provides that machinery. Therefore, Right to Information Act does not give us any new right. It simply lays down the process on how to apply for information, where to apply, how much fees etc.

Objective of RTI Act?

The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in real sense. An informed citizenry will be better equipped to keep necessary vigil on the instruments of government and make the government more accountable to the governed.

The Schema of RTI Act

The Parliament recognized that proper and efficient functioning of a democracy requires an informed citizenry and transparency of information and that such transparency is vital for checking corruption and to hold governance and their instrumentalities accountable to the citizen of the country. The Parliament was also conscious that random and uncontrolled revelation of information is likely to conflict with other public interests including efficient operations of the governance, optimum use of limited fiscal resources and preservation of confidentiality of sensitive information.
In its endeavour to balance out and harmonize these conflicting interests while preserving the paramountcy of the democratic idea, the Parliament enacted the RTI Act. The object of the RTI Act is to set out a practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of public authorities.

Sec. 4 of the Act imposes an obligation on public authorities to maintain its records duly catalogued and indexed in a manner and form which facilitates the right to information under the Act.

Sec. 6 of the Act entitles a person desirous of obtaining any information under the Act, to make a request in writing to the Central or State Public Information Officer specifying the particulars of the information sought by him. The applicant is not required to give any reason as to why he is requesting for the information.

Sec. 7 of the Act requires the Public Information Officer to either provide the information or reject the request for any of the reasons specified in Secs. 8 and 9 within 30 days of receipt of the request. If the Officer fails to give a decision on the request within 30 days, he shall be deemed to have refused the request.
Under Sec. 19, if a person does not receive a decision within 30 days or is aggrieved by a decision of the Public Information Officer, he may prefer an appeal to an Officer who is senior in rank to the Public Information Officer in that Public Authority.

A second appeal is provided for against the order passed in the first appeal before the Central Information Commission or the State Information Commission as the case may be. The powers of the Information Commission are enacted in Sub-Sec. 9 of Sec. 19 which includes the power to require the Public Authority to compensate the complainant for any loss or other detriment suffered and/or to impose any of the penalties provided under the RTI Act.

Sec. 20 of the Act empowers the Information Commission to impose penalty on the Public Information Officer if the Commission is of the opinion that the Officer without any reasonable cause refused to receive an application for information or has not furnished the information sought for within the specified time under Sec. 7(1) or mala fidely denied the request for information or knowingly has given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information.

Sec. 22 of the Act is a non- obstante clause giving overriding effect to the provisions of the Act.
Under Sec. 25, the Information Commission is required after the end of each year to prepare a report on the implementation of the provisions of the Act during that year and forward a copy thereof to the appropriate Government.
Under the provisions of the Act, any citizen may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively disclose certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 12 October 2005.

Right to Information includes the right to:

Inspect works, documents, records. Take notes, extracts or certified copies of documents or records. Take certified samples of material. Obtain information in form of printouts, diskettes, floppies, tapes, video, cassettes or in any other electronic mode or through printouts. “information” means any material in any form, including records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.

Honor killing

Honour killing is seen as a dirty behaviour by the member of the family thinking to bring purity to the family. It is an act of murder by the family on the family members to bring honour to the family to eradicate the shame and dishonour brought by the family member. The male member of the family kills the female member who has violated the wishes and honour of the family. This is a kind of pre-planned murder by the members of the family against the member who had bought shame to the family. Mostly these acts are caused due to trigger done by the relatives, society, neighbours by whom the accused feels dishonoured and gets provoked. Mostly these occur against the female who are assumed for sexual and marital offences. In situation where the members should be a support for the female are against them and brings a situation where they should not exist. India is a democratic country as every citizen has their rights and freedom to do acts which does not violate law. In a society where the citizens are equal without any discrimination, honour killing brings discrimination where the family member is considered to bring dishonour by choosing a person of a different caste.(Keane 2016) Caste and status are the main reasons for honour killing in the present world as the caste and status changes for a girl when she goes to her husband house.

HONOUR KILLING IN INDIA

Honour killing is an act of shame caused to the family for which it is otherwise called as shame killing. It is an act of killing when the person does not accept for arranged marriage, marrying a person disapproved by the family, doing inter-caste marriage which is against the wish and will of the family. In India, this type of killing is been carried over since many centuries. From the olden days this has become a practice. It has become a common practice for our country. Supreme Court had brought a decision based on honour killing that, „killing or physical assault being made over young men/women who marries against the wish of the family is illegal.‟(Ercan 2014) This type of killing is a brutal and barbaric activity made by the member of the family. However, in our country, honour killing has been made a separate provision having severe punishment. In India, mostly in places of Punjab, Uttar Pradesh, Haryana and Rajasthan practice of honour killing is more. Due to
the complex socio-cultural problems the crime of honour killing is divulging more and more. The prime factors of honour killing is the high caste members do not accept inter caste marriage to maintain their caste and in case if anything occurs to bring their status down, they would feel such thing need not exist and in that case if the female /male gets married to that person of low status they feel the person need not exist instead of leaving down their status. Even in case the status and gotra is the same, the parents do not accept if the victim wants to go for love marriage. This killing is done to restore their honour which would be reduced due to the act of the young male/woman. In India, honour killing is practiced due to merciful act also. The parties who had committed the act of honour killing ca plea on the circumstance of grave and sudden provocation. Such an idea was been indulged when the act was formed as the act of honour killing is prevailing since ages. Honour killing is a crime which has become predominantly equal to other rigorous crimes. Culture is important for a family but still the young male/female that had been brought up by the family since years are also to be considered by the family. The level of importance given to the culture and status is not given to the members of the family. They think about the society and neighbors and the allegations and news spreading about the victim and get triggered to commit honour killing but does not seek remedy to safeguard the victim. This has become a spreading crime in our country.

EFFECTS OF HONOUR KILLING

Honour killing is not constrained to one gender. Men are also brought as a victim of honour killing. It is inappropriate that the victim is a man or a woman, if they had violated or brought down the name of the family, they are subjected to be killed by the members of the family. However, honour killing are focused on the women, it is not restricted so. It extends to men too. When the men violate the customs, the family members of the women or the male family members tend to join hands to kill him. For the execution of honour killing, the role of male is more. In case to commit the crime, the male descendants of the family form a group to kill the victim and especially if the victim is a girl, the male members would kill the victim. It does not matter about how close and love they had on the victim, they kill the victim if they cross the limits of the family. In certain cases, women also play a part in commission of honour killing. They join hands with the male descendants in executing the crime. They play a role in ensuring the limits of sexual regulations and plan to kill the victim, if the victim is her daughter.

SPECIFIC TRIGGERS OF HONOUR KILLING

Following are the specific reasons for which honour killing is been made(Reddy 2014; Singh 2013):

● Refusal of an arranged marriage: The member of the family be it a male or female member of the family, if refuses to accept the marriage arranged by the family, they would be triggered to be killed for the welfare of the family. It is a kind of shame the family members feel when the person does not accept the marriage arranged by the family.

● Seeking a divorce: The victim of honor killing would be a married party and would have been divorced due to family issues in their marital life. Seeking divorce by the member would bring down the prestige of the family where they feel the victim would rather die than being alive and they themselves kill the person.

● Allegations and rumors about family members: The victim may be subjected to allegations or wrong talks by the neighbors or other members in the society. In that case knowing the true fact or not, the members of the family for their status and prestige would kill the member. Killing the victim according to them brings an additional prestige and status to the family.

● Homo-sexuality: It has become natural where love comes between the people of the same sex. When a couple of the same sex wants to live together the family or the society does not permit it and in turn creates more and more allegations and triggers the members of the family.

● Victims of rape: In a society where women should be protected, they are being raped. In that case it is the duty of the family to accept such victims but the family feels it as a shame and feels the life of the girl is gone and she is completely useless to the society and the family and thus she would be killed by them.

● Inter-caste marriage: Marriage done by the victim with another person of the different caste brings down the caste of the party who seek their caste as their soul and important than their member of the family. In such case, the member who is of higher caste would kill the victim than living by lowering their caste. In case where the victim is of lower caste, and the caste is the heart and soul of their prestige, they do not care about the victim and would kill them despite of the fact that they belong to their family. Not only their family members become the victim the other party with whom they want to live also becomes a victim.

Honor killing is definitely a serious and heinous crime.

The conflict of Kashmir…

On February 14th 2019, a suicide bomber attacked a convoy of Indian security forces. “We’re getting reports of multiple casualties in a roadside…” He killed at least 40 Indian soldiers here in Kashmir. “The deadliest attack the region has seen this century.” The bomber was part of an Islamic militant group based in Pakistan. “Jaish-e-Mohammed claimed responsibility for that attack.” 12 days later, India carried out airstrikes in Northwestern Pakistan. Then Pakistan shot down at least one Indian aircraft around here. “The most serious escalation in years.” Kashmir is one of the most disputed places on Earth. Over the course of 70 years, it’s been at the center of three wars fought between two massive armies. It’s heavily occupied by more than half a million Indian troops and a deadly collection of militias and terrorist groups.

Kashmir is the stage for the relentless conflict between India and Pakistan. But focusing on the two countries can obscure what’s really at stake: The voice of Kashmiris who are caught in a vicious cycle of violence. Kashmir is one of the most strategic places in the world, where 3 powerful countries collide: India, Pakistan, and China. China invaded and took this slice of Kashmir from India. And was given this one by Pakistan. India and Pakistan control these parts, but lay claim to more. This region is at the center of a brutal conflict over these disputed borders. So it’s important to start when they were being drawn. In the mid-1800s, India was a patchwork of several hundred provinces and princely states under British rule. A century later, when British India won independence, the British left and hastily decided to split the region into two. These areas would be a new Muslim-majority country, Pakistan. And this would be the mostly Hindu, but secular, India. The partition was bloody. “Communal hatred flares up within the Punjab.” “1 million people become refugees overnight.” “They flee from savagery and butchery that has never been exceeded, even in India’s stormy history.” Amid the chaos, some princely states were given the choice to join either country. In most cases, the ruling monarchs followed the will of their people. But this state, called “Jammu & Kashmir” was different. It was right along this new border and had a Muslim-majority population, but was ruled by a Hindu monarch. When asked to pick a side, the ruler chose to stay neutral Fearing that the monarch would join India, the Kashmiri population rebelled here in 1947 Armed tribesmen from Pakistan soon joined the fight.

The monarch turned to India for military help and in exchange agreed to join them, which sparked the first Indo-Pakistan war in Kashmir. “Continuing thus increased the threat to world peace and brought the dispute to the eye of the United Nations . The UN Security Council brokered a ceasefire in 1949, which established this line with Pakistan controlling this side and India this one. It also asked Pakistani tribesmen to withdraw and Indian troops to follow, so that Kashmir could hold a direct vote to decide its own future. But neither held up their end of the deal. Pakistan argued that Kashmir’s Muslim-majority population rightfully belonged with them. While India insisted that Kashmir was handed over to them by the Hindu monarch. So they doubled down and added Kashmir to their constution. Both countries continued to tighten their grip around it for many years . “Kashmir. Fighting is going on and heavy casualties in men and equipment have been inflicted on the aggressor.”

In 1965, the second India-Pakistan war broke out in Kashmir. Thousands of people were killed between the huge armies on both sides. A ceasefire ended the war, but didn’t change this line. Kashmir was kept divided and occupied. And another war broke out in 1971. This time the focus wasn’t in Kashmir — it was in East Pakistan. Here, India helped rebels fight for independence and dealt Pakistan a devastating defeat. This region became a new country, Bangladesh, and Pakistan lost its eastern half. This made Kashmir more important than ever: It became one of the most militarized places on Earth, as India and Pakistan deployed planes, tanks, artillery, and soldiers along the Line of Control. On the political front, in ’87, India reportedly rigged an election, declaring a pro-India party as the winner. Now this was a big turning point for many Kashmiris, who felt they were again denied the chance to vote. Thousands took to the streets in Indian-controlled Kashmir to protest the occupation. But India met the movement for independence with harsh resistance. Which quickly escalated to more violence.
“In January security forces opened fire on demonstrating separatists, turning a two-year old struggling movement into a full-blown popular uprising.” “More than 600 people are killed in clashes between troops and separatists.” Kashmiri militias, just like the Jammu and Kashmir Liberation Front, started recruiting Muslim youth to fight for independence. And increasingly attacked the Indian military. Pakistan saw an opportunity in this insurgency. They helped introduce a new kind of militant group: Radical Islamic fighters who fought for a more pro-Pakistan Kashmir. By the mid ’90s, these groups dominated the insurgency. India responded with incredible military force, deploying 500,000 troops to Kashmir. And they cracked down on militants and protestors. Unarmed civilians were killed and many more were forced to flee the violence. And in ’98 the stakes were raised yet again. “Today India conducted three underground nuclear tests.” “Pakistan today successfully conducted five nuclear tests.” Kashmir became a battleground between two nuclear-armed nations and another war broke out in 1999. “More evidence of the attacks being launched on the Indian-controlled area of Kargil.” “The past two days have seen a number of the fiercest fighting thus far .” “Militant Muslim fighters have also crossed over into some parts of Indian-ruled Kashmir.” The 1999 war ended with another ceasefire, but that did not stop either country.

Over the years, Pakistan’s militant groups got bolder and launched terror attacks in Kashmir and outside of Kashmir. In 2001, members of Lashkar-e-Taiba bombed India’s parliament building in New Delhi killing 14 people. And in 2008, 10 militants from the same group killed 174 people and wounded 300 in Mumbai. Meanwhile, Indian military cracked down in Kashmir, firing bullets and pellets on unarmed protesters. Leaving hundreds wounded and blind. This is the vicious cycle of violence. The Indian Army’s crackdown drives some Kashmiris to join Pakistani-backed militant groups, who carry out violence against the Indian forces. It’s a cycle that Kashmiri civilians are stuck in the middle of. Which brings us back to 2019. The suicide bomber was 19-year old Adil Ahmed Dar from Pulwama, Kashmir. According to his parents, in 2016, Indian police officers stopped him and humiliated him by forcing his face into the ground. The same year he was shot in the leg at a protest. The next year, Dar left home with his brothers, to join Jaish-e-Mohammed, a Pakistani-supported militia that radicalized him and trained him to be a suicide bomber. A year later, he drove explosives into an Indian military convoy. For more than 70 years India and Pakistan have driven a cycle of violence, retaliation, and exploitation in Kashmir. But beneath it all is the Kashmiri’s wish to make a choice. A wish that continues to be suppressed, again and again, by violence.

Role of Youth in Eradicating Corruption.

Once, Dr. A.P.J Abdul Kalam has rightly said, ” If a country is to be corruption free and become a nation of beautiful minds, I strongly feel there are three key societal members who can make a difference. They are – Father , Mother and the teachers.”

The truth is, corruption is now a worldwide phenomenon. But according to me the fourth and the most important societal member who can eradicate corruption is the YOUTH of our country. The real war has to be fought against these social evils and as the leaders of tomorrow it is our prime responsibility and duty. Why should we create awareness in small children about such vicious crimes ? Because – Things sowed in the minds of young take deep roots.

In reality, it is very difficult to root out the infectious disease known as corruption which has become rampant in every field of life. However instead of bearing it we must challenge it. Some years ago when social activist Anna Hazare started the anti-corruption moment, the maximum crowd was of schhool and college students. Their support is what made the purpose of the protest a succesful one. But was that enough?

Mahatma Gandhi- the father of our nation has quoted ,” A small act of good deed can cause endless ripples.” Youth of our country should remain vigilant and never allow themselves to be exploited by this social evil. Many people say that nothing can be done, but I believe things can change. Of course individual efforts can bring excellence but only collective efforts can be delivered effectively.

In the modern era, our Government is slowly accepting the opinions of young minds and their needs have been put forth as priority.I truly believe that the modernisation and dinamic attitude in the Indian parliament will slowly yet steadily change the phase of our nation. According to me it is not only the duty of politicians and government officials to boycott curroption but also the duty of each and every individual to war against it.

Whenever the circumstances may come, public should not bribe school or college managements to accomodate seat and admissions. We should not bribe traffic police for violating the traffic rules. Corruption has made our country lawless. Muscle and money power has come the law. Our freedom fighters fought all their lives to give us freedom from physical slavery. However we as a educated generation are not free from financial slavery.

Gandhi led the non-violent fight against the british but the currency note which bears his photo is the medium of corruption. What an irony ! Corruption is a virus which can be eradicated if the youth of our country decides to do so. No matter how much the delay we must not pay the bribe at any cost.

Albert Einstein has rightfully said that, ” Evils in the world exist not only because of those who do them but also because of the one’s who just see them annd do nothing to prevent it.” Corruption is like cancer which starts at one part of the system and spreads to every part if not treated or cured at an early stage.

Many years ago we had tryst with destiny and now the time has come when we shall redeem our pledge as the responsible citzens of this nation. Let us wake the Anna Hazare in us and stand for ” India against Corruption”. Only when the last tree has died and the last river has been poisoned and the last fish has been caught will we realise we cannot eat money.

Even if the older generations saw corruption as an immortal enemy, we millenials think of it as a mortal one. So my dear youngsters, ask not what your country can do for you. Ask what you can do for your Country and World at large as one family.

U.S. Defense Economy…

The police, obviously, they’re not in the business of of profiting from private acquisitions. We’ve seen extensive lobbying from defense industries who produce educational videos for police who were spending hundreds of millions of dollars to directly lobby Congress for defense spending, but also for these police programs. The police also have their own lobbying organizations that work toward security budgets and equipment for local law enforcement. The National Fraternal Order of Police is one of them and has lobbied in favor of federal grants that are responsible for the militarization of police. It’s really a variety of Homeland Security grants administered by the cops office, the home, the Department of Homeland Security, etc., that have allowed departments to directly purchase military grade equipment. And this has been essential to stimulating a domestic law enforcement market for military contractors. In some cases, the folks who provide the equipment actually directly assist police departments in making these grants. There’s even a Web site that is sponsored by these defense contractors and other providers of police equipment to aid departments in the production of these grant proposals. This whole industry grew significantly during the War on Drugs campaign in the 1970s.

Congress passed a law that focused on incorporating cooperation between the military and the local law enforcement, particularly related to countering drug crimes and the war on drugs. Right. That was sort of the first connection between the military and domestic law enforcement. In 1989, Congress passed the National Defense Authorization Act, temporarily allowing the Department of Defense to transfer excess military equipment to federal and state agencies. The program continued until the 1997 National Defense Authorization Act expanded it to include local law enforcement and made it permanent under a new name. The 1033 program that began a massive transfer of military equipment to local police departments free of charge as long as they paid for shipping and maintenance. That 1033 program was the congressional authorization that allowed police departments to basically go online. There were catalogs of of weapons and vehicles and aircraft and watercraft and any kind of military surplus military equipment was available for the asking. And it was at no cost to law enforcement agencies.

Departments may purchase shotguns that are placed in police vehicles as a routine matter, and some departments are purchasing a variety of less lethal weaponry with their own resources. But when we see sniper equipment, armored vehicles, large amounts of body armor, this is often the result of federal spending. Since its inception, over 11,500 domestic law enforcement agencies have taken part in the ten thirty three program, receiving more than 7.4 billion dollars in military equipment. What you end up seeing is as a result of the 1033 program, local law enforcements continue to ramp up what we call special task force, like SWAT teams, gang task force, drug task force. Right. That all utilize this excess military material. In July 2014, Congressman Alan Grayson proposed that legislation to limit the transfer of certain weapons through the 1033 program. The amendment was met with immense opposition failing on a bipartisan vote of 62 to 355.
The people who voted not to change the 1033 program received 70 percent more money in campaign contributions from the defense sector than those who wanted restrictions. One of the really troubling developments about the involvement of the federal within the direct subsidy of purchases of militarized equipment is that this is often really about creating a new marketplace for defense contractors instead of really putting questions of public safety first. Besides providing free military equipment, the federal government also allows the police to purchase new equipment using their own funds. Under the 1122 program, it also gives local police departments the same discounts enjoyed by the federal government. We’ve seen instances across the country where local governing bodies, like boards of selectmen and mayors and city councilors are often unaware that tax dollars have been expended to acquire these kinds of military weapons and military vehicles. What makes both 1033 and 1122 programs so powerful is the lack of clear oversight and accountability.

The 1122 program, as an example , isn’t a grant or transfer program and thus isn’t required to be monitored by the federal . Meanwhile, the 1033 program has put lethal weapons within the hands of officers who haven’t any justifiable need for such equipment. We’ve seen instances reported of some small towns, even some college and university police departments that were acquiring military grade weapons with none demonstrable need for the utilization of these or the acquisition of these weapons. After the events in Ferguson, the Obama administration sought to tighten the 1033 program with additional requirements and restrictions after months of confrontations on America’s streets. President Obama today banned the federal government from giving some types of military equipment to local police. We’ve seen how militarized gear can sometimes give people a sense like there’s an occupying force as against a force that’s a part of the community that’s protecting them and serving them. And this led to calls in Congress to eliminate 1033 and eventually measure an executive order by the Obama administration to place some limits on the type of equipment that could be used, things like bayonets and turreted armored vehicles.
The Obama administration also required police agencies to justify purchases of equipment considered potentially lethal. President Trump, however, rescinded all of those measures within two years in office. Obama administration made some efforts to increase accountability in auditing of this. But even then, the restrictions and oversight were quite limited. Under the Trump administration, there’s even less evidence of any oversight. Any sense that we know how this equipment is being used or whether or not officers are being properly trained and how to use it. In some cases, equipment transfer through these programs has simply vanished due to a lack of oversight and poor bookkeeping.

There’ve been a number of situations where there have been audits of local police departments to try to figure out what they’ve done with this equipment. And these departments have been unable to provide adequate records. We don’t know if this is a local sheriff taking home camping supplies or if this is about, you know, stuff that’s really gone missing, has been resold or has just simply been lost. Oftentimes, the militarization of the police force might be what’s distracting them from their original purpose, protecting our communities.

Why economy of India is slowing down???

India is one among the world’s fasting growing economies. It had been touted as an economic and geopolitical counterweight to China. But recently its growth fell to its slowest pace in six years. Investment has weakened, and unemployment has risen. So what’s causing the slowdown, and how can it be reversed? Since the turn of the century, India’s economy has grown at a rapid rate, helping transform the country. Between 2006 and 2016, rising incomes lifted 271 million people out of poverty, meaning the proportion of Indians still living in poverty has fallen dramatically, from around 55% to twenty-eight . Access to electricity has also improved. In 2007 just 70% of the population had access to power. By 2017, that grew to nearly 93%.

More recently, the Indian government constructed around 110 million toilets — a huge step towards better sanitation designed to prevent the practice of open defecation. It’s a signature program of Prime Minister Narendra Modi, known as Swachh Bharat, or Clean India. All this development has been supported by a booming economy, but as lately , that expansion has begun to run out of steam. In the third quarter of 2019, India’s economic output grew by 4.5% – making it the primary time the country’s growth dipped below 5% since 2013. For context, 4.5% growth remains much above that of developed economies just like the U.S., But with 12 million Indians entering the workforce per annum , economists say the country needs annual growth rates to remain above nine percent to make sure there are enough jobs. So, what’s causing this recent slowdown? Well, officialdom argue turbulence in international financial markets is guilty.

Political uncertainty and U.S.-China trade tensions mean confidence levels among investors and consumers everywhere have sunk. The United Nations has even warned that a global recession in 2020 is now a “clear and present danger”. But back to India – many economists say the country’s growth problems are literally self-inflicted. One obvious culprit is the shadow banking sector. During the 2000s, India saw an investment boom. It was fuelled by state banks dispensing a load of loans for giant infrastructure projects. But some of the companies taking advantage of these loans couldn’t keep up with the repayments. That meant the state banks weren’t getting paid back and therefore struggled to give out new loans. To keep business moving, shadow banks stepped in. These financial institutions, which operate like ordinary commercial banks but don’t follow traditional banking rules, eventually made up an estimated third of all new loans nationwide. The loans played a pivotal role for the millions of small businesses and consumers who would otherwise have no access to credit. But in 2018, shadow banking giant Infrastructure Leasing & Financial Services, defaulted on its debt repayments. Its collapse sent shockwaves through the economy and shook up more traditional banks that had supported the world.
It became harder for people to shop for expensive items like cars. That hurt India’s automotive industry, which is one among the country’s biggest. It employs about 35 million people and makes up about 7% of India’s GDP. Last summer, the industry suffered its worst sales performance in nearly 19 years, and reports suggest tens of thousands of workers are laid off. The agriculture and construction sectors have also been hurting, with small and medium businesses being hit the hardest. The country’s percentage has been on an overall upward trend since July 2017, rising several percentage points to 7.7%. Higher unemployment means consumers are buying less, resulting in the unfortunate cycle of slower manufacturing, production, investment and job creation.

A survey from the Reserve Bank of India found consumer confidence has fallen to its lowest level in five years. But Indians still have a positive outlook for the longer term , with most consumers expecting to feel more optimistic during a year. However, if things don’t improve, debt could become another issue. Expecting better days ahead, many households have continued to spend, by taking out loans and dipping into savings. Household savings as a proportion of GDP has fallen from 23.6% to 17.2%. Meanwhile, household debt has surged to 10.9% during the same period. Critics say the govt in New Delhi has did not spot these risks and hasn’t done enough to urge the economy moving again. The Reserve Bank of India’s former governor Raghuram Rajan recently blamed the lack of significant reforms and a slowdown in investments since the global financial crisis. Even the country’s chief economic advisor recently admitted reforms are needed to form India more friendly to investors.
India has cut its corporate rate , but labor and land laws are still extremely strict. He also says the country must become pro-market, instead of just pro-business, to avoid costly government bailouts of failing sectors. But not all reforms have been good to the economy. In 2016, Prime Minister Modi tried to crack down on corruption, counterfeits and evasion by banning high value bank notes. In one night, the cash ban made 86% of all cash invalid. Three years later, many analysts say the policy disrupted the economy and did not achieve many of its original goals. In 2017, a replacement nuisance tax placed small businesses struggling and a few of them were forced to shut . In mid-2019, India’s government introduced a controversial new tax on foreign investors. Consequently, India’s stock exchange suffered its worst July performance in 17 years. Just one month later, the measure was scrapped.
The government has now refocused its efforts on international trade and investment, and thus the recent changes to the corporate rate could indeed help attract businesses and investors to India. But if the country wants to be a part of the world’s largest supply chains, it’ll need low and consistent tariff levels to encourage outsiders to take a position for the long term.

The country’s shifting export policy has harmed several of its largest industries, particularly clothing. India’s share of the worldwide apparel market has increased only slightly within the past 20 years. And though the Indian workforce is vast, both Bangladesh and Vietnam now export more. On top of that, the country’s import tariffs on the average are much above the world’s biggest economies. They’re also among the highest of the world’s emerging economies. Even U.S. President Donald Trump has called for the country to bring down its duties.

Has India’s growth actually slowed the maximum amount as we think? The government’s former chief economic advisor Arvind Subramanian caused a good little bit of controversy in June 2019, when he claimed the country’s official stats probably overstated GDP growth by 2.5% from 2011-2012 to 2016-2017. He says the bottom line is that India never recovered from the global financial crisis. The government denies this. But none of this has hurt Prime Minister Modi at the polls – he won by a landslide in the most recent election. So how will he keep his promise and double the dimensions of the economy by 2025? Many economists insist a well-explained economic vision would help. As would more long-term investment, better skilled workers and enhancements to infrastructure. It may not matter who or what’s responsible for India’s recent economic challenges, but bottom line – India’s economic process must recover , and fast.

Legality of Lockdown

After Unlock 2.0 we again hearing that some state govt going for lockdown, firstly on March 24 Prime Minister Narendra Modi announce 21 day lockdown than it’s extended many times. So, today let’s talk about legality of the lockdown is this legal or illegal ? Govt can put lockdown or not ?

Under Section 6 of the Disaster Management Act Ministry of Home Affairs announce the nationwide lockdown under his powers in Section 10 of the Disaster Management Act, as the Chairman of the National Executive Committee constituted U/S 8 of the Act.

The term Lockdown and curfew have not been defined under Indian law but are still being used to markdown the fundamental right of movement induct under article 19 [1] of the Indian constitution. This cannot be termed invalid as this right is subject to restrictions under Article 19 [2].

Section 2 and 2A of Epidemic Diseases act gives power to the Central or State Government to take necessary steps in the situation where people have danger to life or mankind. Section 2 [d] reads; “‘Disaster means a mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.”

This section is not meant to deal with epidemics or diseases of any kind but causes such as, but not limited to, tsunamis and earthquakes. MHA declared the spread of COVID-19 as a “notified disaster”, thus bringing into play Section 2(d) of the Disaster Management Act. This enabled the State Governments to use a larger part of the State Disaster Response Fund to fight the spread of the virus.

In furtherance of the declaration of a nationwide lockdown, the Ministry of Home Affairs published guidelines using Section 10 [2][l] of the Disaster Management Act on the measures State and Central Governments must take during this twenty-one day period. The guidelines established that all types of transport services (Air, Train, & Road travel) will not be operational during this period. Commercial and private establishments shall remain closed, except for ration shops, banks, ATMs, media services, and telecommunication companies and other essentials.

The guidelines also said that any person who violates these containment measures will be liable under Sections 51 to 60 (Offenses and Penalties) of the Disaster Management Act, and under section 188 of the Indian Penal Code which creates the punishment for disobedience to order duly promulgated by a public servant.

Yes, we can say that In an ideal scenario, the government should have involved the states in a spirit of cooperative federalism rather than the top down approach that was adopted earlier.

However, at the end of the day, it came down to the Doctrine of Necessity, which proclaims loud and clear that “Necessity knows no law”.

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