Still, how is it that some people have all the answers? How do the rich keeping getting richer while the poor keep getting poorer? Is the game actually rigged against us? Are we, in fact, doomed to live ordinary lives, merely controlled by our hedonistic desires and pleasures, forced to succumb to our animalistic urges, never able to actually get ahead in life, let alone get rich? Or, is there some solution? A way out, if you will?
Clearly, these are questions posed by the masses. But not everyone can pull it off. What separates those who seem to have all the answers from those that are constantly jumping from one ship to the next, never able to truly find their gravy train? Well, the answers are far simpler than most would imagine.
Don’t spend more money than you make.
Not many people follow this advice. Many are focused on spending as much as possible. Whether it’s to revel in the perception of being more well-off than they actually are, or some other purpose, this is the truth across much of the developed world.
Keep a Diary of your Expenses.
Benjamin Franklin once said, “Beware of little expenses. A small leak will sink a great ship.”
As easy as it might seem to ignore the little stuff, so to speak, the more you sweat the details, the better off you’ll be. Cancel that gym membership you haven’t used in six months. Eliminate that costly cable television plan. Stop buying expensive lattes and eating out when you know you can’t afford to do it. Download an app or purchase a small notebook and track every expense no matter how small or how big.
Quit all the Bad Habits- drinking, smoking, gambling, etc.
Bad habits hold us back from achieving many kinds of goals. They stop us from losing weight, making more money, saving, investing and everything in between. The only way you can actually get ahead in life is to decimate those bad habits. You need to quit the bad habits before they lead you down a deathly spiral.
It’s hard to achieve something that takes so much of your energy, such as getting rich, without eliminating your bad habits first. I’m not just talking about poor financial habits; I’m also talking about any other habit that eats away at you, physically, emotionally or mentally.
Save 20 % of your Income every Month.
In order to get rich, you need to save at least 20 percent of your income off the top. Everyone has heard this before, but how many people actually follow this advice?
The term “pay yourself first” holds major weight here. While some don’t find the importance in this, others realize that this not only provides a rainy-day fund in case of emergencies, but also moment-of-the-opportunity cash. When the right opportunity comes by, you need cash to seize it. If you don’t have the cash, you just missed the proverbial boat.
Pay-Off your Debts.
When you’re debt-free from the bad debt (not the good debt like mortgages for investment properties and loans to grow you business, for example), take that money and put it towards your savings. The trick is not to go spending cash and splurging on a vacation or a new car once you’re debt-free. Stay focused.
Don’t Rent but Own your House.
No matter what it takes, even if you have to downgrade your living situation, you should do what it takes to purchase a home. Sit down with a mortgage broker and assess your situation. Set some goals and create a plan of action.
Even if you don’t have enough money saved for a down payment right now, figure out what it’s going to take to buy your home. We’re not talking about your dream home here. However, over time, the money spent on your mortgage is far better invested than money spent paying rent.
Invest, but only after Researching the hell out of it.
Many people invest for the sake of it. If you don’t have proper knowledge about the plans your investment offers then you might never really grow your money in it. The better you know an industry or niche, the more likely you’ll be able to spot ideas that could possibly create massive amounts of income for you in the future. No one else is going to do this for you. And when you do invest in something that you know, be sure to track it vehemently.
Multiple source of income but not mainstream.
Anyone who’s serious about getting rich needs to build multiple streams of passive income. Passive income is incredibly important when it comes to amassing wealth. Simply put, you to need to generate your income on autopilot if you want to create a considerable net worth.
There are a number of passive income generating ideas that you could implement. Some of the most popular involve real estate and dividend income for those that can afford the often high-cost barrier of entry into those fields. Others opt for generating passive income by starting a blog, creating digital products such as e-books or courses, and even creating online tutorials, just to name a few examples.
Time Value of Money.
We all have the same amount of time in this world. You don’t have more than the next person and that person doesn’t have more time than another. No matter if they’re a powerful politician, a business magnate or a famous athlete, they don’t have more time than you do. Time is life’s greatest equalizer.
It all depends on how you utilize your time. Every second is precious. Become lazy or procrastinate and lose your dream of being rich.
Romewas notbuiltin a day.
Daily goal setting provides milestones on your way to your bigger goals. Break the big goal down to achievable daily goals that won’t seem so overwhelming. For example, if you want a $10 million dollar net worth in the next five or 10 years, figure out what it’s going to take on a daily basis to move closer to that goal.
If I were given a chance to start my life, it would be something which I am dreaming right now. Might be, waking up early and wearing track suit, going for a walk then coming back and drinking a glass of healthy juice.I wish to put on some music and dancing on it’s beat. Enjoying a healthy breakfast with family on dinning table is the best to start the day.
I would do everything to make myself feel alive whether it’s like grabbing a cup of coffee along with a book in my own personalised garden or meditating in a peaceful environment that too designed by me. I want to just get myself lost in those things which adds spark to my life and don’t wish to have any regret later on.
A good relationship means that you are having a good life. Being surrounded with loving wife, supportive in-laws, bright kids and trustworthy friends what else I could have asked the God. not but least, I would love this lifestyle every day and thanksing god for showering all his blessings upon me whether may be if it is healthy food, relations, friends and materialistic things.
Students are already drowning in student loan and upon that they have miscellaneous expenses to cover. Many of you would have lost hopes of studying in prestigious Universities thinking about the expensive cos of living there. However there are cities in the world which offer cheap and affordable living especially for students.
This article derives results based on the average costs indicated on the Mercer Cost of Living Survey. Each of these cities contain not only cheap living but also some of the top universities one might be delighted to get into.
Kuala Lumpur
Kuala Lumpur, Malaysia’s capital and largest city, ranks second in the world for affordability. Also featuring in joint 29th place overall in the best student cities this year, tuition fees at one of Kuala Lumpur’s five ranked universities will cost an average of only US$2,500 per year for international students. For those looking to live in the city center, a one-bedroom apartment will cost an average of US$568 per month.
Kuala Lumpur also ranks well for affordability in the Mercer Cost of Living Survey, coming 141st of 209 countries in terms of expense.
Bangalore
the Indian city of Bangalore, a new entry in this year’s Best Student Cities index at 81st, has the lowest tuition fees of all the cities on this list (only costing US$100 per year on average.) The city also has extremely low living costs , a one bedroom apartment in the city center, for example, will cost you an average of US$250 — this is extremely low compared to cities such as London, where you’d be paying a monthly average of US$2,132.
Bangalore has two universities currently featuring in the world university rankings. It also ranks highly in both the student view indicator and the employer activity indicator, suggesting that Bangalore’s graduates are viewed highly among graduate employers.
Johannesburg
Coming in at ninth worldwide for affordability in 2019, individuals in Johannesburg’s city center can expect to pay an average of US$471 in rent per month for a one bedroom apartment, excluding bills and annual tuition fees of around US$2,300. The city also ranks 185th out of 209 cities in the Mercer Cost of Living Survey (where first place is the most expensive).
This sunny South African city is ranked 78th overall in the Best Student Cities and climbed six places this year in the affordability indicator. The city is home to two institutions featured among the world’s top 550 in the world university rankings.
Budapest
Boasting three world leading universities, and home to over three million people, Hungary’s capital ranks first once again for the affordability category in 2019. Budapest also comes 43rd overall in the Best Student Cities, rising six places his year due to its improved scores in the desirability and student mix indicators (appearing in the global top 60 for both).
Budapest will cost international students an average of US$1,400 in tuition fees per year (much lower than many other study destinations). The city also ranks 164th out of 209 countries in the Mercer Cost of Living Survey.
Tomsk
Ranking 73rd overall in the Best Student Cities index, Tomsk places joint fourth for affordability in 2019 along with fellow Russian cities Novosibirsk and St. Petersburg. Tomsk gained the title of the ‘cultural capital of Siberia’ from the 1960s, when it was fill of artists, writers and film directors, and is still known today as a major educational, scientific and innovation center in Siberia.
If you’re interested in studying at one of Tomsk’s leading institutions, international undergraduate tuition fees cost an average of US$2,600 per year.
St. Petersburg
St. Petersburg is Russia’s second largest city (after Moscow, of course) and home to over five million people. Ranked 66th in the city ranking in 2019, it’s climbed four places in the affordability indicator to claim joint fourth place, with tuition fees at its three leading universities costing an average of US$2,600 per year.
Students looking to study in this awe-inspiring city will be pleased to find out that the city’s cost of living is 28.2 percent cheaper than in Russia’s capital, Moscow. And although St Petersburg’s best score overall is for its affordability, its biggest improvement this year is in the student view indicator, rising 16 places in 2019, reflecting its popularity among students.
Manila
The capital city of the Philippines and one of the oldest cities in the world, Manila is ranked eighth in the world for affordability this year, as well as joint 85th overall in the Best Student Cities index. Manila contains four excellent universities, led by the University of Philippines, which places joint 356th in the world.
With tuition fees averaging out at around US$2,400, and the city ranking 109th out of 209 in the Mercer Cost of Living Survey, Manila is a great place to get a top-quality education without breaking the bank. On top of this, Manila earns its best score in Student View this year, based on student’s experiences whilst studying in the city, and their perceptions of the availability and quantity of graduate employment.
Wroclaw
With sensational architecture and a plethora of diverse cafés and restaurants, Wroclaw, the fourth-largest city in Poland, comes third in the affordability indicator and is a new entry in the Best Student Cities index in 2019 at 108th. Students looking to study in Wroclaw will be pleased to hear that higher education is free for Polish students, and for international students willing to take the same entrance exams and to study a course taught in Polish.
However, if you’d prefer to study in English, tuition fees are still much lower than you’ll find elsewhere. The cost of living in Wroclaw is also relatively low, estimating that the monthly rent for a single person living in the center will cost on average around US$597.
Novosibirsk
Russia’s third largest city, Novosibirsk is packed full of parks and tree lined avenues, as well as being a major manufacturing and administrative center.
It climbed six places to rank 92nd in the Best Student Cities ranking this year and is rated joint fourth for affordability, with tuition fees averaging at US$2,600 per year for international students. Living costs are lower here than in Moscow, with a single metro ticket for example only costing 22 rubles (the equivalent to only 35 US cents).
Hsinchu
Perhaps those of you looking for a great place to study abroad will be blown away by Hsinchu, the second city laying claim to the title, ‘The Windy City’ (the first, of course, being Chicago). Coming 10th for affordability this year and joint 68th overall in the Best Student Cities index, Hsinchu is an excellent option for those who want to study in Taiwan without all the hustle and bustle of a big city.
The Code was enacted in 2016 following decades of recommendations suggesting improvements to the previous insolvency regime, which was fragmented, fraught with delays and resulted in poor recoveries for creditors. [1]
The insolvency resolution process in India has in the past involved the simultaneous operation of several statutory instruments.
These include the Sick Industrial Companies Act, 1985, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Recovery of Debt Due to Banks and Financial Institutions Act, 1993, and the Companies Act, 2013.[2]
Broadly, these statutes provided for a disparate process of debt restructuring, and asset seizure and realization in order to facilitate the satisfaction of outstanding debts. [3]
As is evident, a plethora of legislation dealing with insolvency and liquidation led to immense confusion in the legal system, and there was a grave necessity to overhaul the insolvency regime.
All of these multiple legal avenues, and a hamstrung court system led to India witnessing a huge piling up of non-performing assets, and creditors waiting for years at end to recover their money. [5]
The Bankruptcy Code is an effort at a comprehensive reform of the fragmented regime of corporate insolvency framework, in order to allow credit to flow more freely in India and instill faith in investors for speedy disposal of their claims. [4]
The Code consolidates existing laws relating to insolvency of corporate entities and individuals into a single legislation.
The Code has unified the law relating to enforcement of statutory rights of creditors and streamlined the manner in which a debtor company can be revived to sustain its debt without extinguishing the rights of creditors[5]:-
1) The scheme of the Code marked a sea change from the previous regime. In respect of corporate entities, the Code introduced a creditor-in-control regime (with a focus on empowering financial creditors), a time-bound resolution process and reduced scope for judicial intervention, and established institutions such as the Insolvency and Bankruptcy Board of India, insolvency professionals and information utilities.[6]
Since the implementation of this new regime, the constitutional validity of various provisions of the Code has been challenged before various High Courts, and the Supreme Court.
Applicability
The Code provides creditors with a mechanism to initiate an insolvency resolution process in the event a debtor is unable to pay its debts. The Code makes a distinction between Operational Creditors and Financial Creditors. [7]
A Financial Creditor is one whose relationship with the debtor is a pure financial contract, where an amount has been provided to the debtor against the consideration of time value of money (“Financial Creditor”).
Recent reforms have sought to address the concerns of homebuyers by treating them as ‘financial creditors’ for the purposes of the Code. [7]
By a recently promulgated ordinance, the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (“the Ordinance”), the amount raised from allottees under a real estate project (a buyer of an under-construction residential or commercial property) is to be treated as a ‘financial debt’ as such amount has the commercial effect of a borrowing.[7]
The Ordinance does not clarify whether allottees are secured or unsecured financial creditors. Such classification will be subject to the agreement entered into between the homebuyers and the corporate debtor.
In the absence of allottees having a clear status, there may be uncertainty about their priority when receiving dues from the insolvency proceedings. [7]
An Operational Creditor is a creditor who has provided goods or services to the debtor, including employees, central or state governments (“Operational Creditor”). A debtor company may also, by itself, take recourse to the Code if it wants to avail of the mechanism of revival or liquidation. [7]
In the event of inability to pay creditors, a company may choose to go for voluntary insolvency resolution process – a measure by which the company can itself approach the NCLT for the purpose of revival or liquidation. [7]
What was the judicial approach to the Insolvency and Bankruptcy Code?
SERIES OF JUDICIAL PRONOUNCEMENT
With almost more than two years since the introduction of the Code, there have been various challenges in the effective implementation of the Code. However, constructive interpretation by the judiciary coupled with effective amendments to the Code has helped in eradicating most of these teething issues. [8]
Some of the key judicial pronouncements are discussed below:
The Insolvency and Bankruptcy Board of India which is the regulatory and supervisory body in charge of the IBC, has done a commendable job in proactively spreading awareness and regulating the space. [9]
Many important judgments were pronounced throughout the year, including certain landmark cases, where in the Supreme Court has tried to ensure that the spirit of the Code is given primacy over procedural requirements. [9]
Suspended Board of Directors of Corporate Debtor Entity are entitled to access the resolution plan and other related documents:-
In a significant judgments delivered on January 31, 2019, the Hon’ble Supreme Court of India decided on an important aspect with respect to the rights of the suspended board of directors of the Corporate Debtor Entity to receive and access the resolution plan and other related documents, whose case has been admitted by the Adjudicating Authority under the relevant provisions of the Code. [10]
Facts of the Case:
In respect of Mr. Vijay Kumar Jain, Director of Corporate Debtor (‘Appellant’) vs. Standard Chartered Bank and Ors. (As ‘Financial Creditors’), the NCLT had approved the appointment of Resolution Professional (‘RP’) to conduct Corporate Insolvency Resolution Process of Corporate Debtor Company i.e. Ruchi Soya Industries Limited (‘RSIL’). [10]
The appellant, being a member of the suspended board of RSIL, was given notice and agenda for the first meeting of Committee of Creditors (‘CoC’) and was permitted to attend the meeting of CoC. The appellant alleged that he was not granted permission to participate in subsequent meetings of CoC. [10]
As a result, the appellant filed a miscellaneous application before the NCLT to allow his participation in the subsequent meetings of CoC. The appellant also executed a Non-Disclosure Agreement (‘NDA’) to keep information received through participation in the CoC meeting strictly confidential and even undertook to indemnify RP. [10]
However, NCLT vide its order dated August 1, 2018 dismissed the said application of appellant with liberty to the appellant to attend the COC meetings, but not to insist upon the CoC or RP to provide information which is considered as confidential by the CoC or RP. [11]
Against the said order of NCLT, the appellant filed an appeal before the Appellate Tribunal, which recognized the right of appellant to attend and participate on the CoC meetings but Appellate Tribunal vide its order dated August 9, 2018 [12] denied the prayer of the appellant to have access to certain documents including sensitive resolution plan.
The appellant aggrieved by the order of the NCLAT, filed an appeal before the Hon’ble Supreme Court of India. [13]
Apex Court Observations and Findings:
On advertising relevant provisions of the Code and arguments of parties to the dispute, the Supreme Court opined that notice of each meeting of the CoC will have to be given to the suspended board of directors of the corporate debtor entity. [14]
The Supreme Court further noted that the statutory scheme of IBC makes it clear that though the suspended board are not members of the CoC, yet, they have a right to participate in each and every meeting held by the CoC and also have a right to discuss along with members of the CoC, resolution plan that are presented at such meeting. [14]
The Supreme Court further observed that Section 31(1) of the Code make it clear once the resolution plan is passed by the Adjudicating Authority, it shall be binding on the corporate debtor together with guarantors and other stakeholders. [14]
This being the case, it is clear that the erstwhile board of directors, which consists of persons who may have given personal guarantees for the debts owed by the corporate debtor, will be bound by the resolution plan, and therefore, have a vital stake in what ultimately gets passed by the CoC’s.[14]
The Supreme Court also made it clear that so far as confidential information is concerned, RP can take an undertaking in the form of NDA from suspended board of directors of the corporate debtor entity with an objective to maintain strict confidentiality in regard to resolution plan and other related documents. [14]
Further, according to Regulation 39(5) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the RP shall forthwith send a copy of the order of the Adjudicating Authority approving or rejecting a resolution plan to the participants and resolution applicant. The term ‘Participants’ includes members of the erstwhile Board of Directors of Corporate Debtor. [14]
Thus in view of the above, the Supreme Court allowed the appeal and set aside the impugned order of the Appellate Tribunal. [14]
What was the result of Insolvency and Bankruptcy Code in the present scenario? Also cite relevant case laws.
IBC came into being repealing SICA (Sick Industrial Companies Act), SICA was repealed with effect from 1 December 2016. [15]
To know the background of IBC, it is important to know more about SICA and why it failed to prevail as a law. [15]
This is the exact rationale for the existence of The Insolvency and Bankruptcy Code in India which has been into effect since 2016. [15]
To know the background of IBC, it is important to know more about SICA and why it failed to prevail as a law. [15]
The journey from SICA to IBC
The SICA, 1985:-
The name SICA, itself connotes the reason for its actuality. India witnessed an atmosphere of rampant industrial sickness in the 1980s in furtherance of which the Government of India came up with key legislation i.e. the Sick Industrial Companies Act to combat the issue. [15]
Widespread industrial sickness affects the economy in a number of ways, thus The Act came into being to spot the sick or potentially sick companies owning industrial undertakings and take speedy remedial measures for their revival or in a scenario where there is no such measure, close such units. [15]
This was an action to get the locked up investment in such industrial units released and use them in a more productive manner. SICA was repealed and replaced by the Sick Industrial Companies (Special Provisions) Act of 2003, which diluted certain provisions of SICA and filled certain gaps. [15]
One of the main changes to the new law was that, in addition to combating occupational diseases, it also aimed to reduce the growing incidence by ensuring that companies do not use a medical certificate simply to evade legal obligations and access concessions granted to financial institutions to receive. [15]
The comprehensive performance of the Act did not live up to the expected results and thus, IBC was notified as on 28th May 2016 and the repeal of SICA came into full effect from December 1, 2016. [15]
IBC Kicks In
Mistakes of the past were taken in view and The Insolvency and Bankruptcy code came into being with a wider scope and aiming to resolve the issues via more effective provisions and implementation. It is an act to consolidate and amend the laws having reorganization and insolvency resolution issues as the subject-matter. [15]
The provisions of the Act shall apply to the following in case of insolvency, liquidation, voluntary liquidation or bankruptcy; [15]
“An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.
Whether the expression “and” occurring in section 8(2)(a) may be read as “or”?
The Court held that the expression “and” occurring in section 8(2)(a) may be read as “or” in order to further the object of the statute and/ or to avoid an anomalous situation – once the operational creditor has filed an application, which is otherwise complete, the adjudicating authority must reject the application under Section 9(5)(2)(d) if notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility – So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application – A “dispute” is said to exist, so long as there is a real dispute as to payment between the parties that would fall within the inclusive definition contained in Section 5(6). [16]
2) Surendra Trading Company Vs. Juggilal Kamlapat Jute Mills Company Ltd. & Others- Supreme Court:
The time limit prescribed in IBC, 2016 for admitting or rejecting a petition or initiation of CIRP under proviso to sub-sec. (5) of Sec. 9, is directory. [17]
The question before the NCLAT was to whether time of fourteen days under section 9(5) given to the adjudicating authority for ascertaining the existence of default and admitting or rejecting the application is mandatory or directory. [17]
NCLAT hold that the mandate of sub-section (5) of section 7 or sub-section (5) of section 9 or sub-section (4) of section 10 is procedural in nature, a tool of aid in expeditious dispensation of justice and is directory. [17]
Further question (with which supreme Court is concerned) was as to whether the period of seven days for rectifying the defects under proviso to sub-section (5) of Section 9 is mandatory or directory. The aforesaid provision of removing the defects within seven days is directory and not mandatory in nature. [17]
3) Essar Steel India Ltd. Vs. Reserve Bank of India-
RBI is authorized to direct any banking company to initiate insolvency resolution process- Gujarat High Court. [18]
A long-drawn legal battle for Essar Steel ends with this Supreme Court judgment. In one of the most discussed cases under IBC i.e. the case of Essar Steel Limited, the Supreme Court delivered its judgment which would probably be the final judgment of the case. Key highlights of the Essar Steel Supreme Court judgment are as follows: [19]
The requirement of completing the corporate insolvency resolution process within 330 days from the insolvency commencement date as introduced by the 2019 Amendment Act was held as non-mandatory. [19]
CoC can delegate its administrative powers or power of negotiation with the resolution applicants to a smaller committee (sub-committee) since such acts would be ultimately required to be approved and ratified by the CoC. [19]
Prospective resolution applicant has a right to receive complete information as to the CD, debts owed by it, and its activities as a going concern and as such it cannot suddenly be faced with “undecided” claims after the resolution plan submitted by it has been accepted. [19]
To put an end to uncertainty, parameters were laid down for limiting the scope of interference of Adjudicating Authority and Appellate Authority with the commercial decision taken by the requisite majority of CoC. [19]
The Supreme Court has re-emphasized the primacy of the commercial wisdom of the CoC in relation to resolution of the corporate debtor as well as difference in treatment of unequally placed creditors based on its earlier decisions in Swiss Ribbons and K. Sashidhar cases. [19]
Why are the judgments of the Insolvency and Bankruptcy cases pending with court?
The judgments of the cases are pending with the Court due to the Causes for the delays which range from frivolous challenges by operational creditors and promoters to basic issues like shortage of judges. [20]
There is no stipulated time-line for operational creditors to challenge the rejection of their claim, shortage of members at the bench, allowing intervention by promoters at the admission stage and long gaps between conclusion of hearing and passing of written orders are all causing delays,” said Sapan Gupta, national head banking and finance practice at Shardul Amarchand and Mangaldas. [20]
To be fair, delays are not a peculiarly Indian phenomenon. Many advanced countries struggle to provide quick, high-quality justice to citizens. But in India the scale of the problem is unprecedented. Focusing on capacity alone won’t reduce delays. [21]
A pervasive reason for the delays is adjournments. Many advanced countries struggle to provide quick, high-quality justice to citizens. But in India the scale of the problem is unprecedented.[21]
Conclusion
In conclusion, the Insolvency and Bankruptcy Code, 2016, is a progressive legislation that is intended to improve the efficiency of insolvency and bankruptcy proceedings in India. The new legislation provides for the early detection of financial distress and a time bound process for resolution. [22]
However, many details on the IBC’s implementation need to be worked out in the regulations, and its success will depend to a large extent on how quickly a high quality cadre of insolvency resolution professionals will emerge and on whether the time bound process for insolvency resolution will be adhered to in practice. [22]
The IBC has taken its first steps to regularize the insolvency process in India. It has amended over 11 legislations in India, bringing about one of the most significant changes to commercial laws in India in recent times. However, the 22 months of this nascent legislation have been ridden with controversies and speedy resolutions. [23]
It has also become a very important tool for banks to regularize multitudes of non-performing assets plaguing the country’s economy. Within 7 months of the enactment of the IBC, the Reserve Bank of India released a list of 12 companies which held about 25% of the gross non-performing assets of the country.[23]
With more than 11% of all loans in India being terms as bad loans, the IBC has become the need of the hour. The IBC has brought a plethora of changes to insolvency laws in India and aims to reduce the amount of bad loans that has saddled the economy over the last few years. [23]
We are beginning to see this through various companies successfully concluding their insolvency process. The first successful case of a CIRP was that of Bhushan Steel wherein TATA Steel agreed to purchase Bhushan Steel for Rupees Thirty-Two Thousand Five Hundred Crores. [23]
With many more insolvency resolution processes in the pipeline, only time will tell if the IBC will prove to be a successful tool with its objective of streamlining the insolvency process in India. [23]
1) Bankruptcy Law Reforms Committee, The Interim Report of the Bankruptcy Law Reforms Committee (2015).
2) Rule 2.1.1. of RBI Master Circular – Prudential Norms on Income Recognition, Asset Classification and Provisioning – Pertaining to Advances defines an NPA as ‘An asset, including a leased asset, becomes non-performing when it ceases to generate income for the bank. A ‘non-performing asset’ (NPA) was defined as a credit facility in respect of which the interest and/ or installment of principal has remained ‘past due’ for a specified period of time.
3) It must be noted that creditors having outstanding debts continue to have the right to approach an appropriate forum like civil courts or arbitral tribunals for recovery of debts which would be a contractual right of recovery.
4) As cited in the “Abstract” of “Emerging Jurisprudence on Corporate Insolvency” by Shipra Sayal Institute of Law, Nirma University, Ahmedabad, Gujarat, India.
5) As cited in the “Introduction” Para of “A Primer on the Insolvency and Bankruptcy Code, 2016” by Nishith Desai Associates:- The Legal and Tax Counseling Worldwide.
6) As cited in the “Introduction” para of “Understanding the Insolvency and Bankruptcy Code, 2016:- Analysing the developments in jurisprudence” by “Vidhi Bankruptcy Research Programme” at the Vidhi Centre for Legal Policy and the Legal Division of the Insolvency and Bankruptcy Board of India.
7) As cited in the “Applicability” Para of “A Primer on the Insolvency and Bankruptcy Code, 2016” by Nishith Desai Associates:- The Legal and Tax Counseling Worldwide.
8) As cited in the “4th Para ,viz, Series of Judicial Pronouncement” of “Series of Judicial Pronouncement – Insolvency and Bankruptcy Code, 2016” written by Rushabh Ajmera on TaxGuru.
9) As cited in the “Introduction” Para of “Insolvency and Bankruptcy Hotline:- ANALYSING 2018 THROUGH THE LENS OF THE INSOLVENCY CODE” written on January 17, 2019 by Nishith Desai Associates.
10) As cited in the “4th Para” viz, Series of Judicial Pronouncement” of “Series of Judicial Pronouncement – Insolvency and Bankruptcy Code, 2016” written by Rushabh Ajmera on TaxGuru Website India 11 months ago.
11) As cited in “NCLT pronounced order on August1, 2018”.
13) As cited in “Facts of the Case Para” of “Series of Judicial Pronouncement – Insolvency and Bankruptcy Code, 2016” by Rushabh Ajmera 11 Months ago on TaxGuru India Website.
14) As cited in ” Apex Court Observations and Findings Para” in “Series of Judicial Pronouncement – Insolvency and Bankruptcy Code, 2016” by Rushabh Ajmera 11 Months ago on TaxGuru India Website.
15) As cited in “IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India” written by Vidushi Trehan, LL.M from Symbiosis Law School, Pune , Intern at Khurana & Khurana, Advocates and IP Attorneys.
16) As cited in “Brief about decision para” in ” “and” occurring in section 8(2)(a) may be read as “or”- Mobilox Innovations (P) Ltd. Vs. Kirusa Software (P) Ltd.- Supreme Court” written by IBC LAWSon September 21, 2017.
17) As cited in “Case Name: M/S. Surendra Trading Company Vs. M/S. Juggilal Kamlapat Jute Mills Company Limited and Others” written by IBC LAWS on September 18, 2017
18) As cited in “RBI is authorised to direct any banking company to initiate insolvency resolution process- Essar Steel India Ltd. Vs. RBI- Gujarat High Court” written on July 17, 2017 by IBC LAWS.
19) As cited in “The Insolvency And Bankruptcy Code In 2019 : Recent Amendments And Key Judgments” written by Mayur Shetty and Chintan Gandhi of Rajani Associates on 12th March 2020.
20) As cited in “Delay becomes the norm in insolvency & bankruptcy cases” by Joel Rebello & Saikat Das, ET Bureau on Aug 15, 2019 at 11:25pm.
21) As cited in “Hidden factors that slow our courts and delay justice” written by Arghya Sengupta.
22) As cited in “Insolvency And Bankruptcy Code” written on 12 September 2017 by Samvad Partners.
23) As cited in “2016: Overview Of The Insolvency And Bankruptcy Code, 2016” written by Namrata Bhagwatula , Senior Associate on 20 September, 2018.
Legal concepts of animal cruelty reflect the morality of our society regarding the rights of animals. These concepts especially expose dominant behaviour towards animal exploitation. Omissions in the law which permit abusive animal treatment without legal penalty or threat to prosecution indicate the unquestioning support of such abuse by society. However though our society has acknowledged the need for laws on animal protection, animal welfare is usually not the main focus of these laws. Too often the underlying reason for such legislation is a public interest in shielding property or in avoiding malicious and suspicious activities.
The terminology of anti-cruelty statutes, the implementation of such laws in court, and particular regulatory provisions resulting in the absence of legal prerequisites for practices such as animal laboratory experiments all lead to an obvious conclusion: animals may cherish some levels of immunity, but they do not have rights under the constitution. Unless the legislation acknowledges more than the human interests in avoiding animal cruelty, animals would have no right to be safe from human inhibited pain and suffering.
HISTORY
The very first scriptures of Hinduism, The Vedas (originating in the second millennium BCE), teach all living beings ahimsa or nonviolence. Killing an animal in Hinduism is considered a breach of the ahimsa and cause for bad karma, his prompted many Hindus to adopt vegetarianism. However, Hindu principles do not require vegetarianism and allow the sacrificing of animals in sacred rituals and ceremonies.
India’s first National Animal Welfare Act, the Prevention of Cruelty to Animal Act or the PCA Act (1960), forbids animal cruelty, with exceptions to animal treatment for medicinal or experimental purposes. Consequent legislation has imposed controls and limitations on the use of domestic animals, livestock transport, animal slaughter, animal experimentation and employment of performing animals. General requirements for breeding and usage of animals for research have been set by The Breeding of and Experiments on Animals (Control and Supervision) Rules, 1998. According to the amendment of 2006, animals “lowest on the phylogenetic scale” must be used for experiments. 95% statistical assurance in using the minimum number of animal species and justification should be given for not using non-animal substitutes. Use of living animals in medical education experiments is banned by amendment of 2013. In 2014, ban was imposed on all cosmetic testing done on animals and the import of animal-tested cosmetics products, with this India became the 1st country in Asia to bring out such change.
HOW THE LEGAL RIGHTS OF ANIMALS AGAINST CRUELTY ARE PROPOUNDED?
Animal cruelty is wilful harming, abusing and neglecting of an animal. It is subjecting any animal to cruel mistreatment. Some forms of animal cruelty consist of deliberately placing animals in conditions that harm them, frighten them, and terrorize them.
A precedent was released in 2014 by the Supreme Court of India. It extended the shield of Article 21 of the constitution of India, which safeguards human life and liberty, to all animals. The court said, “Having an inalienable right to live in a safe and clean environment, not to be battered, kicked, bitten, tortured, pried by humans with alcohol or forced to stand in small enclosures amid bellows and crowd groans.”[1]
SOME LEGAL RIGHTS
Article 51A (g) of Constitution of India: It is the fundamental duty of every citizen of India to have compassion for all living creatures.
IPC Sections 428 and 429: To kill or maim any animal, including stray animals, is a punishable offence.
3. Section 11(1) (i) and Section 11(1) (j), PCA Act, 1960: Abandoning any animal for any reason can land you in prison for up to three months.
4. Rule 3, of PCA Act (slaughterhouse rules) 2001 and Ch.4 Food Safety and Standards Regulations, 2011: No animal (including chickens) can be slaughtered in any place other than a slaughterhouse. Sick or pregnant animals shall not be slaughtered.
5. ABC Rules, 2001: Stray dogs that have been operated for birth control cannot be captured or relocated by anybody including any authority.
6. Section 11(1) (h), PCA Act, 1960: Neglecting an animal by denying her sufficient food, water, shelter and exercise or by keeping him chained/confined for long hours is punishable by a fine or imprisonment of up to 3 months or both.
7. Wildlife (Protection) Act, 1972: Monkeys are protected and cannot be displayed or owned.
8. Section 22(ii), PCA Act, 1960: Bears, monkeys, tigers, panthers, lions and bulls are prohibited from being trained and used for entertainment purposes, either in circuses or streets.
9. Rule 3, Slaughterhouse Rules, 2001: Animal sacrifice is illegal in every part of the country.
10. Section 11(1) (m) (ii) and Section 11(1) (n), PCA Act, 1960: Organizing of or participating in or inciting any animal fight is a cognizable offence.
11. Rules 148-C and 135-B of Drugs & Cosmetics Rules, 1945: Cosmetics tested on animals and the import of cosmetics tested on animals is banned.
12. Section 38(J), Wildlife (Protection) Act, 1972:Teasing, feeding or disturbing the animals in a zoo and littering the zoo premises is an offence punishable by a fine of Rs. 25000 or imprisonment of up to three years or both.
13. Section 9, Wildlife (Protection) Act, 1972: Capturing, trapping, poisoning or baiting of any wild animal or even attempting to do and disturbing or destroying eggs or nests of birds and reptiles or chopping a tree having nests of such birds and reptiles or even attempting to do so constitutes to hunting so is punishable by law, with a fine of up to Rs. 25000 or imprisonment of up to seven years or both.
14. Section 11(1) (d) Prevention of Cruelty to Animals, (Transport of Animal) Rules, 2001 and Motor Vehicles Act 1978: Displaying or carrying animals, either in or on a vehicle, in any manner or position that causes discomfort, pain or distress, is a punishable offense under the two Central Government Acts.
CONCLUSION
The claim that animals are not supposed to be mistreated rely upon the same moral values, which offer human beings several fundamental rights. There are not simply a utilitarian criterion for respecting those rights. For example, we don’t accept slavery, even though slaves as oppressed persons are not able to confront people holding rights. It would be safer, at least economically, to hold slaves in the field according to a utilitarian viewpoint. This gross inequality is reprehensible, and the law acknowledges it. Animals, however, are not humans. There are also absurd associations between the exploited people and animals. Today, the notion that animals should have civil rights seems progressive and radical. Therefore, law in all fields importantly take an active part in encouraging animal rights.
Reservation is a fiend that is present in the Indian system for ages now. Right from the education sector till jobs and recruitment, reservation is everywhere. In simple terms, reservation in India is all about reserving access to seats in the government jobs, educational institutions, and even legislatures to certain sections of the population.
Also known as affirmative action, the reservation can also be seen as positive discrimination. Reservation in India is a government policy, backed by the Indian Constitution (through various amendments).
What is the principle of reservation in India?
The two main motives to provide reservation as per the Constitution of India are:
1. Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) OR any socially and educationally backward classes of citizens (E.g.: OBC) OR economically weaker sections (EWS) – Article 15 (4), Article 15 (5), and Article 15 (6),
2. Adequate representation of any backward class of citizens OR economically weaker sections (EWS) in the services under the State. – Article 16 (4) and Article 16 (6)
The extent of Reservation in India
In India, reservation is provided in:
1. Government Educational Institutions (like IITs, IIMs etc.) – as per Article 15 – (4), (5), and (6)
2. Government Jobs (like IAS, IPS etc.) – as per Article 16 – (4) and (6)
Before 2019, the reservation was provided mainly based on social and educational backwardness (caste). However, after the 103rd constitutional amendment in 2019, economic backwardness is also considered.
Apart from the reservation quota, additional relaxations like upper-age relaxations, additional attempts, and lower cut-off marks are also provided for various reservation categories.
A vacancy reserved for SCs or STs or OBCs cannot be filled by a candidate other than an SC or ST or OBC candidate, as the case may be.
As seen from the above table, about 60% of seats are reserved in India – for various sections like ST, SC, OBC, and EWS – for Government jobs and Higher Education Institutions. 3% of seats are also reserved for differently-abled persons across all categories.
This also means that only 40% of seats are available under merit. In the merit seats, not only the general category candidates but all other categories like SC, ST, OBC, and EWS can also compete.
History of Reservation System in India – Rectifying the Historical Injustice
To an extent, reservation as a policy is pursued by the State to correct the historical injustice done to certain castes by the so-called “upper castes”. The caste system prevailed in India had alienated many “lower castes” from the mainstream – hindering their development. To a great extent, the repercussions are still felt.
Original Constitution of India has provided reservation only for quota in legislatures – that too only for 10 years until 1960 (article 334). Subsequent amendments to the constitution extended the period of reservation for quota in legislatures.
Provisions of reservations in Educational Institutions and Government Jobs – article 15(4) and Article 16 (4) – were too created employing Constitutional Amendments later. No period is given for the validity of the reservations mentioned in article 15(4) and Article 16(4).
The initial reservations were only for SC and ST [article 15(4) and Article 16(4)]. OBCs were included in the ambit of reservation in 1991 [Article 15(5)]. In 2019, Economically Weaker Sections are also included [article 15(6) and Article 16(6)].
SC/ST Reservation
The objective of providing reservations to the Scheduled Castes (SCs), Scheduled Tribes (STs) in services is not only to give jobs to some persons belonging to these communities. It aims at empowering them and ensuring their participation in the decision-making process of the State.
Besides, the state is also keen to end practices such as untouchability.
Scheduled Castes (SC) are given 15% quota in jobs/higher educational institutions while Schedule Tribes (ST) is given 7.5% quota in jobs/higher educational institutions.
Reservation is provided not only concerning direct recruitment but also for promotions for SC/ST category (Article 16(4A)).
There is no concept of ‘creamy layer’ for SC/ST reservation. This means that irrespective of the income status or the government posts held by the parents, children of SC/ST parents will get SC/ST Reservation.
OBC Reservation
Reservation for Other Backwards Classes (OBC) was introduced based on the Mandal Commission Report (1991). The quota for OBCs is 27% in government jobs and higher educational institutions.
However, there is a concept of ‘creamy layer’ to the OBC reservation. Only those from OBC who comes under Non-Creamy Layer would get OBC reservation.
The creamy layer concept brings income and social status as parameters to exclude some of the privileged members of OBC from the extent of reservation. This concept also keeps a check to ensure that the benefits of reservation do not get extended to subsequent generations.
EWS Reservation
The Central Government of India recently introduced the EWS Reservation. 10% quota is provided for the Economically Weaker Sections (EWS) among General Category candidates in government jobs and educational institutions. This is done by adding clauses for the same in the Indian Constitution (103rd Constitution Amendment Act, 2019).
Reservation is one of the tools against social oppression and injustice against certain classes. Otherwise known as affirmative action, reservation helps in uplifting backward classes.
However, reservation is just one of the methods for social upliftment. There are many other methods like providing scholarships, funds, coaching, and other welfare schemes.
The way the reservation is implemented and executed in India is largely governed by vote-bank politics.
Indian Constitution allowed reservation only for socially and educationally backward classes. However, in India, it became a caste-based reservation instead of class-based reservation.
Initially, the reservation was intended only for SC/ST communities – that too for 10 years (1951-1961). However, it got extended ever since. After the implementation of the Mandal Commission report in 1990, the scope of the reservation was widened to include Other Backward Communities (OBCs).
The benefits of the reservation were successively enjoyed only by a few communities (or families), excluding the truly deserving ones. Even 70 years after independence, the demand for reservation has only increased.
Now, with the introduction of economic criteria for reservation, in addition to the caste-criteria which already existed, things have become more complicated.
Unequal’s should not be treated equally, but is reservation the only solution?
There is no doubt that unequal’s should not be treated equally. However, is the current system of unequal treatment perfect? Is it creating more injustice? Is it the only way out in a welfare-nation? It’s time to introspect.
Reservation based entirely on economic criteria is not an all-in-one solution, though family income can be one of the parameters. Also, it’s time to fix a period for the reservation system – rather than extending it to eternity.
Denying India, the service of the meritorious candidates, who see them being overtaken by others with lesser academic performance or brilliance, is also a crime and injustice.
Aren’t there any alternative mechanisms to uplift the marginalised so that everyone gets equal opportunities? How is affirmative action done in other countries?
A reform in the reservation system of India is the need of the hour. However, as the subject of reservation revolves around a lot of votes, parties are reluctant to disrupt the existing system.
Implications of the Judgement of the Supreme Court:
After this judgement, the members of the SC and ST communities, as mentioned in the Presidential List under Article 341 and 342 of the Constitution of India, will be presumed to be backward on account of their castes.
Such communities will be given reservation in job promotions without the need of any data to act as a proof of their backwardness.
• M Nagaraj vs Union of India, 2006: In this judgement, the Supreme Court ruled that if the state wishes to make a provision for reservation in promotions for SCs/STs, it must:
Collect quantifiable data showing backwardness of a particular class.
Prove inadequacy of representation of that class in public employment.
Prove that such a reservation in promotion would not affect the overall efficiency of public administration.
There is no second question that all castes/classes should be adequately represented in government services. However, which percentage can be called adequate – without compromising the merit or efficiency of the administration?
Is the current level of reservation adequate? Or is it less? Or has it already compromised the merit? What do you think?
Recently, UNICEF (United Nations Children’s Fund) and WHO (World Health Organization) states that 2.6 billion people lack adequate sanitation and around 1.1 billion people lack access to water supply. Myriads of water systems that were able to feed a growing population have come to an end. According to a recent study, it has been estimated that there will be no enough water left for domestic and industrial purpose by 2040. Two thirds of the world population might face huge water shortage by 2025. The shrinking clean water resources and growing demand will create negative implications for millions of people. There are many problems that can cause due to water shortage which ultimately affects the economic and social development of a country. They are;
Hunger
This is one of the basic and unavoidable problem of water shortage. Water is very much essential for farming and grow crops. Shrinking water resources will make it difficult for food production. People can hardly survive without food and water. Water shortage causes starvation to both human beings and animals.
Inadequate sanitation
Without water, there is no way to have a clean and hygienic atmosphere. Water is very much needed in order to clean our surroundings and the things we use. When people are not given access to clean water, it can lead to many diseases which can be very dangerous at times. People can easily cause disease from an unhygienic environment. It has been noted that nearly 1.6 million people die from diseases caused by lack of access of clean water, inadequate sanitation and pure hygiene.
Increased global conflict
Fresh water resources are often shared by two or more countries. Some rivers and lakes will be overlapped between two countries. These countries will have a mutual understanding in the control and usage of water. The water scarcity can thus affect these countries at the same time. There are high chances to have international conflicts between these countries because of water shortage.
Economic slowdown
More than 1.3 million worldwide jobs are heavily depended on water, including, agriculture, mining, and industries that range from paper to pharmaceuticals. Another 1.2 million jobs across world are moderately water depended. They do not use large quantities of water, such as industries that are related to construction, recreation and transportation. In short, 78 percentage of world jobs need water. Shortage of water can adversely affect these jobs which ultimately leads to an economic crisis.
Energy shortages
Energy production is one of the world’s largest consumers of water resources. High quantity of water is needed in the production of electricity. Lack of water availability can affect the production of energy. Even though there are alternative energy sources such as wind and solar energy that require far less water to produce energy, it can make only up to a small fraction of energy production.
A co-operative society is a voluntary association of individuals having common needs who join hands for the achievement of common economic interest. Its aim is to serve the interest of the poorer sections of society through the principle of self-help and mutual help. The main objective is to provide support to the members. Nobody joins a cooperative society to earn profit. People come forward as a group, pool their individual resources, utilise them in the best possible manner, and derive some common benefit out of it. A Co-operative Society can be formed as per the provisions of the Co-operative Societies Act, 1912. At least ten persons above of 18 years, having the capacity to enter into a contract with common economic objectives, like farming, weaving, consuming, etc can form a Co-operative Society. Cooperative Societies Act is a Central Act. However, ‘Cooperative Societies’ is a State Subject (Entry 32 of List II of Seventh Schedule to Constitution, i.e. State List). Though the Act is still in force, it has been specifically repealed in almost all the States and those States have their own Cooperative Societies Act. Thus, practically, the Central Act is mainly of academic interest and as per preamble to the Act, the Act is to facilitate formation of cooperative societies for the promotion of thrift and self-help among agriculturists, artisans and persons of limited means.
If object of the society is creation of funds to be lent to its members, all the members must be residing in the same town, village or group of villages or all members should be of same tribe, class, caste or occupation, unless Registrar otherwise directs. The provision of minimum 10 members or residing in same town/village etc. is not applicable if a registered society is member of another society.
The Statement of Objects and reasons states as follows:
(a) Cooperative Society can be established for purpose of credit, production or distribution. (b) Agricultural credit societies must be with unlimited liability. (c) Unlimited society is not best form of cooperation for agricultural commodities. (d) Unlimited society can distribute profits with permission of State Government.
Introduction
The need for shelter is one of the elementary human necessities in a civilized society. Over the past few decades, housing finance has become an increasingly attractive business proposition for various players in the financial market of the country. Among the various institutional arrangements made by the Central and State Governments for housing development, Co-operative Housing Society plays a dominant role in improving the housing stock. In India, Co-operative housing has emerged as a strong, well-organized and significant movement. Over the years, co-operative housing has grown from strength to strength and presently there are about 92,000 co-operative housing societies spread across the length and breadth of the country. This has enabled it to make a noticeable impact on the housing situation in the country.
Origin of Housing Co-operative society
The origin of the co-operative housing movement in the country dates back to the beginning of the present century. The first co-operative housing society was set up in the year 1909 in the former Mysore state (now Karnataka) and was known as the Bangalore Building Co-operative Society.
Maharastra also took the initiative in this field by forming a non-official body in the year 1913. This was known as the Bombay Co-operative Housing Association. This association framed a set of model bye-laws which later became the guiding factor for the organizational set up of many housing co-operatives in other parts of the country.
There has been continuous growth in the number of housing co-operatives, their membership and house construction activities. Since 1959-60 and up to March, 2001 the number of registered co-operative housing societies in the country has increased from 5564 to 92000. Their local membership has considerably increased from 0.32 million to 6.60 million and their working capital has also gone up by more than 94 times from Rs.550 million to Rs 52000 millions.
Need For housing Co-operative society
The co-operative sector has an important role to play in housing development in India. The housing co-operatives support the Government in implementing their social housing schemes especially for the rural area. Poor members are able to get houses at a relatively lower cost. They have the facilities to become owners by paying the cost in easy instalments. Co-operative housing estates and townships endeavour to provide modern amenities such as roads, street lights, parks, post office, library, school and recreation centres. Thus, housing co-operatives also facilitate community living.
Some of the important activities of housing co-operatives are discussed a) Housing Cooperatives and National Development Housing cooperatives have contributed to national development through national housing development in not only quantitative but also in qualitative terms. The housing stock created by housing co-operatives is qualitatively superior to that created by other supply sub-systems catering for lower and middle-income groups. b) Co-operative Housing for the Weaker Section- Members from the more affluent sections of the society are able to construct houses of their own without recourse to co-operative housing. But through co-operative action considerable economy is effected in land development, purchase of building material, technical consultancy, efficient architectucture, planning and providing other infrastructure facilities like sewerage, water supply, electricity and approach roads to bring down the overall cost of housing so as to be within the reach of poor families.
Conclusion
A Co-operative society is a form of voluntary organization. It enables people to attain effective realization of higher and more prosperous standard of living, better living, better business and better Farming. In essence, Co-operation is self-help made effective by the organization. It naturally relies on honesty and integrity of members for the economic amelioration of the weaker sections of the population. It follows democratic management and solves common problems for all, particularly the housing problem in the country.
Writing for the sake of writing isn’t writing. You should have a passion to write. That pushes you forward to a greater extent. The interest on writing makes you write the writings that were never written. Don’t make yourself to write, let yourself make you write. There’s a lot of difference between them. It’s like earning to write and writing to earn. What we know is a drop, what we don’t know is an ocean.
Develop a habit of writing because that makes us improve without our knowledge. Write something that happened to you because it tries to bring the coordination between our brain and hands. As the time passes our hand should be faster than our brain. We should think of next sentence while writing the previous. It can even be writing in a dairy.
Start a blog and keep on writing and express what you feel like. Share it to your contacts and ask them to suggest any improvements. Keep on writing and improving by implementing their suggestions and get improvised with your writing.
Writing not only comes from writing. Start reading the different writings. Analyse the way different people write and try to figure out the pattern they try to express themselves. Read and read until you get better in writing.
Write for someone who are looking for writers because that makes you know more about your writing from others. Try to become freelancer and ask for work. Doing work makes you improve. Such work involves lot of research and you will get a chance to know about the unknowns.
Start your journey in facebook groups and Quora groups and make friendship with your mates . Connect with like minded people and that will surely make you know more about the various styles of writing.
A few days back, I was casually chatting with my cousin sister discussing about how the pandemic is altering our life. While discussing she cited a very interesting incident which happened to her daughter, Tanaya a couple of weeks back. Tanaya is currently promoted to fifth standard and she has been attending her classes in online mode since June end. My cousin said that they have created WhatsApp group among themselves where they discuss about their ‘school-affairs’. A few days passed by, she noticed that Tanaya was feeling very low and she almost stopped communication with her fellow mates. Distressed, she questioned her if something is bothering her, since it is a very new thing for Tanaya. After a lot of pestering, she opened her unofficial WhatsApp group of their class and she says that she was shocked reading the conversation. She noticed that there were a lot of slangs for fifth standard students. The most oppressive thing that she understood was that Tanaya was completely ignored when she asks or say something, or laughed at or completely victimised her. She was so outrageous that she took the matter up to the Principal and finally after a heated discussion that volunteer parents will be a part of those group and banned the creation of any other unofficial WhatsApp groups. Upon listening, I just saluted her for what she did and how she stood up to it.
WhatsApp is the only source of communication among us right now. That is the platform where everyone, from students to professionals, converse among themselves, trying to keep up with the changing world. That said, now when we all are chatting in a public forum, we usually tend to oversee the boundaries and limitations. Students who have been programmed to attend classes in offline mode were under a lot of restrictions and discipline and so such random conversations were easily avoided. But they have started attending their classes online, where there is no restriction, no rules and especially there is no such ingrained discipline. Well, I have particularly experienced that seeing my cousin’s daughter. Considering her age, it is very well perceived that freedom of such kind in unexpected and very often, such freedom bears its own consequences. They tend to say everything, thinking that it is cool and very often they tend to exhibit groupism. At times, they say something to a particular person, out of ‘longing for acceptance’, without giving it a second thought. This is what constitutes bullying. Repeated avoidance, being laughed at or made mockery of, posting ridiculous and insulting messages as WhatsApp status, sending offensive memes or caricatures in the public groups are some forms of mental harassment in online mode, otherwise known as WhatsApp Bullying.
What I believe is that people, especially such young ones, are going through a massive change. Schools and other such institutions need to understand that just initiating classes in the online mode can make someone ‘educated’ but it will completely erode the ‘mental’ and ‘civilized’ part of our character. Parents and teacher should make them understand that everyone is feeling excluded at this hour and we should take the responsibility of making someone feel inclusive.
While leaving my cousin’s house, Tanaya came to bid me good-bye. I looked at her eyes and remembered about my past too. I smiled, and then left.
As Corona virus keeps on getting bigger and spreads so is the technology and innovation. It is making peoples life easier in the lockdown by keeping us all virtually connected. Technology is helping the authorities fight this virus.
The Drones in the Skies-
These flying camera birds are helping in patrolling and making sure evrybody is maintaining social distancing. They help the officials check on things and also maintain social distancing at the same time. In remote areas agricultural drones were used for spraying disinfectants. In some parts of the country theyare being used to deliver crucial medical supplies.
Online Clinics and Counseling-
Due to this one illness other diseases have lost its importance. People suffering from issues like hypertension and arthiritis are being provided with online medical assistance. Many institutes are also offering online psychological counseling service.
Robot nurses and Artificial Intelligence scans
Robots are also used in many Chinese hospitals to deliver food, medicine and other supplies to patients; to disinfect hospitals and other public areas; to check patients temperatures; and to answer common questions. Coronavirus is being diagnosed using AI, which can read thousands of CT scans in 20 seconds with an accuracy rate of 96%.
Virtual Classrooms
After weeks of schools being closed, possibly the biggest challenge for parents is keeping children occupied and continuing their schoolwork. To enable this, many schools have rolled out online learning platforms, where students take courses and teachers give lectures from home, via live-streaming platforms.
Research and Development
Within the first few weeks of the virus, China had sequenced the genome. By posting that sequencing online, it trigged a ripple effect in research labs across the world, with a surge in orders for synthetic samples of the virus to build copies of it from scratch. This allowed new treatments to be trialed – even experiments that failed offered vital clues in guiding researchers on where they should focus.
Smartphones and Internet
Smartphones are playing a critical role in reducing exposure. Delivery apps offer contact-less delivery, whereby drivers drop food off at a specific point – including a card stating the temperature of everyone involved in cooking and delivering the food. Another offers users maps marking residential communities with confirmed cases and their proximity to them. Meanwhile, mobile payment apps are reducing transmission along paper money, which can carry viruses for up to 17 days. With the world’s highest penetration of e-wallets and two of the world’s largest mobile pay, Chinese fin-tech is helping to slow the coronavirus spread.
Work From Home
A major challenge during the virus is being able to work. Several tech companies are offering free online collaborative tools. Other businesses have quickly adopted work-from-home policies, using online meeting software, collaborations platforms and LBS technology to clock in and ensure employees stay home. At UNDP, the use of Zoom teleconferencing and ERP Platforms have allowed us to keep working.
Virtually Connected
Compulsory quarantine has disrupted daily life and curtailed social interaction for nearly one fifth of the global population. This is leading millions to meet online instead. Families dine together with relatives in distant cities, raising a glass to each other on camera. Even weddings have been held in Virtual Reality.
While the use of technology can at times present its own challenges, and fuel debates about privacy and public good; in the fight against the coronavirus, it is playing a critical role in offering treatment, information, support, food, schooling and greater safety for many.
Recently one very disturbing news came to the public knowledge and caught the attention of social media users. Even though the highlight news of every day is only around the latest updates around the coronavirus, many other important issues are happening all over the world. One such issue is the case of JEYARAJ and PHEONIX, a father-son duo who was allegedly treated very ill by police and indeed caused their death. This happened in the southern state of Tamil Nadu, a town named SANTAKULAM near Thootukodi district. P Jeyaraj, 62, who worked at his mobile shop at Sathankulam town, was taken in custody on June 19 evening.
Jeyaraj allegedly made some critical remarks about a police patrol team on June 18 for insisting shop owners to shut shops early for lockdown rules. An auto driver had informed police about remarks and the police team had come the next day to take him in custody. After an agitated police team had taken Jeyaraj in custody, his son, J Pheonix, 32, followed the police team to the station.
At the Sathankulam police station, a senior police officer said, Pheonix saw his father being physically harassed by an officer. An agitated Pheonix questioned the officer, tried to stop the officer or pushed him to protect his father in his 60s. “It had provoked the police team; they thrashed both father and son for hours. There were two sub-inspectors and two constables in the torture team. A total of 13 officers were there at the station during the incident, including volunteers’ part of Friends of Police,” the officer said.
The alleged lockdown violation charge on Jeyaraj was something that would have got him a maximum of three months’ imprisonment if he was found guilty.
June 20. Jeyaraj’s family who waited outside the station till midnight got to see the father and son in the morning in “bad shape.” They were taken to the Sathankulam government hospital. Jeyaraj’s veshti and Phoenix’s pants were fully soaked in blood. They had to keep changing lungis at the hospital due to severe bleeding. Policemen asked the family to bring “dark colour lungis”.
After three hours at the hospital, they were then taken to Sathankulam magistrate court.
Joseph, Jeyaraj’s brother in law who witnessed the scene, said the magistrate waved his hand from the first floor of the building as the police team stood outside. Both were sent on remand to Kovilpatti Sub Jail in a few moments.
The family had no news about the father and son till June 22 evening, when they were shifted to the nearby government hospital. Due to continuous bleeding and severe external and internal injuries from alleged lock up torture, Phonix died late evening on June 22, and Jeyaraj died in the wee hours on June 23.
What action has been taken?
Even as two FIRs have been filed, no officer has been booked for murder charges. Following the outrage and protests, four police officers including two sub-inspectors have been placed under suspension. The station inspector has been transferred. A judicial inquiry is in progress, the post mortem report has been submitted to the Madras High Court in a sealed cover, and the court is waiting for a report from police.
The state government has announced a compensation of Rupees 20 lakh for the victim family. DMK’s Thoothukudi MP Kanimozhi declared a compensation of Rupees 25 lakh for the family.
Is there a communal angle in the picture?
Jeyaraj’s family belonged to the Nadar community. Multiple accounts from witnesses, relatives of victims and police show that the case had no direct communal angle but it was a brutal revenge by police officers, first for Jeyaraj’s alleged remarks against the police patrol team and for Pheonix’s alleged attempt to physically stop, push away, an officer who was beating his father.
This issue has brought light into something that was sweeped under the carpet for a long time. At least from now on there shouldn’t be any injustice and brutal behaviour from the police department.
Juvenile or Children are a conflict with law referred to children under the age of 18 years and suspected or accused of committing a crime or be part of illegal activity. Children in conflict with law cannot be arrested by a police officer and can only be apprehended. Only minors between the age of 16-18 years committed heinous crimes can be treated and tried as adults.
The child in conflict with law cannot be tried in criminal courts and should be produced before the Juvenile Justice Board Chaired by a Magistrate and two social worker members. The idea of having social workers on the Juvenile Justice Board is to handle the child with concern to his/her future and to treat them with proper care.
The child in conflict with the law has the following rights based on the Child Rights Convention, humane treatment, no corporal punishment if detained separation from adult criminals at the correctional facility, access to legal assistance, bail and release on recognizance, privacy, diversion, (Education, skill development, sports etc.), proportionate judgment (age considerate Judgement), minimum possible restrictions on liberty, automatic suspension of sentence, probation on merit, confidentiality of proceedings, right against discrimination, constitutional rights.
The major concern on the detention of a child in conflict with law is to make him/her understand and repent for the crime committed. After the Juvenile Justice Board stipulated detention the child may be released on probation. Great care is required to reintegrate the Juvenile back into society. The rehabilitation of the child in conflict with the law has to be done with the considerations to his/her age, mental and physical makeup.
Childcare institutions and social welfare organisations work hand in hand with government nodal agencies to find constructive solutions to the rehabilitation of the Juvenile. To ensure this Standard Operating Procedures (SOP) are laid down by the Ministry of women and child development. Follow up by social workers and probation or parole officer is done periodically to make sure the child reintegrate well into the society he/she was once barred from.
What is Rehabilitation?
The primary motto of punishment is to make the convict understand the grievous nature of the crime committed and regret his/her actions. Hence after the completion (full or partial) of the sentence, the convict has to be prepared to get back into society. The ex-convicts always viewed with a suspicious mind by the general public. Hence the ex-convicts should be prepared mentally and may be taught skill sets to improve their job ability.
Special programs to prevent substance abuse, improve mental health, continuing education was framed for sexual offenders, women parolees and children in conflict with the law. The importance slowly downgraded as the twentieth century progressed towards its end. It regained momentum as human rights concerns are high on the activists’ list.
How does rehabilitation for juveniles work?
While the juveniles held accountable for their violation of the law and kept in juvenile homes or other relevant correctional facilities for public safety, the primary aim is to rehabilitate them. The rehabilitative process includes psychological assessment of the crime committed by the juvenile and the environment, causing it to happen, therapeutic guidance, skill development, involving them in yoga and other mind developing activities.
Financial constraints of the government wade rehabilitation away and involvement of social workers and non-profit organisations resulted in cost-effective multi-modal rehab programs for the juveniles.
Section 40 – Process of rehabilitation and social reintegration
The rehabilitation and social reintegration of a child shall begin during the stay of the child in a children’s home or special home and the rehabilitation and social reintegration of children shall be carried out alternatively by (i) adoption, (ii) foster care, (iii) sponsorship, and (iv) sending the child to an after-care organisation.
Section 41 – Adoption
The primary responsibility for providing care and protection to children shall be that of his family.
Adoption shall be resorted to for the rehabilitation of such children as are orphaned, abandoned, neglected and abused through institutional and noninstitutional methods.
In keeping with the provisions of the various guidelines for adoption issued from time to time by the State Government, the Board shall be empowered to give children in adoption and carry out such investigations as are required for giving children in adoption in accordance with the guidelines issued by the State Government from time to time in this regard.
The children’s homes or the State Government run institutions for orphans shall be recognised as an adoption agencies both for scrutiny and placement of such children for adoption in accordance with the guidelines issued under sub-section (3).
No child shall be offered for adoption-
Section 42 – Foster care
1. The foster care may be used for temporary placement of those infants who are ultimately to be given for adoption.
In foster care, the child may be placed in another family for a short or extended period of time, depending upon the circumstances where the child’s own parent usually visit regularly and eventually after the rehabilitation, where the children may re urn to their own homes.
The State Government may make rules for the purposes of carrying out the scheme of foster care programme of children.
Section 43 – Sponsorship
The sponsorship programme may provide supplementary support to families, to children’s homes and to special homes to meet medical, nutritional, educational and other needs of the children with a view to improving their quality of life .
The State Government may make rules for the purposes of carrying out various schemes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship. Section 44 – After-care organization The State Government may, by rules made under this Act, provide-
for the establishment or recognition of after-care organisations and the functions that may be performed by them under this Act;
for a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industrious and useful life;
for the preparation or submission of a report by the probation officer or any other officer appointed by that Government in respect of each juvenile or the child prior to his discharge from a special home, children’s home, regarding the necessity and nature of after-care of such juvenile or of a child, the period of such after-care, supervision thereof and for the submission of report by the probation officer or any other officer appointed for the purpose, on the progress of each juvenile or the child;
for the standards and the nature of services to be maintained by such aftercare organisations;
for such other matters as may be necessary for the purpose of carrying out the scheme of after-care programme for the juvenile or the child;
Provided that any rule made under this section shall not provide for such juvenile or child to stay in the after-care organisation for more than three years;
Provided further that a juvenile or child over seventeen years of age but less than eighteen years of age would stay in the after-care organisation till he attains the age of twenty years.
Section 45 - Linkages and co-ordination
The State Government may make rules to ensure effective linkages between various governmental, non-governmental, corporate and other community agencies for facilitating the rehabilitation and social reintegration of the child.
Finding the highest paid jobs in India for freshers might seem a little difficult. But once you’ve found them, your task will get a lot easier. You’ll then know what you should focus on. And to help you in that regard, we have prepared the following list of the top jobs in India.
Well you need skills and alot of hard work too, to earn the highest pay that any field is offering. These options can however be one of the motivating factor for you. If you dont find the field of your interest then remember that –
“Earning money is possible in any job if one is passionate about the kind of work and hence hustles hard enough to reach the top of their game.”
The List to top highest paid jobs in India are as follows:
Blockchain developer
Much like how a normal web developer uses the protocols and design structure set up by a core web architect to build web apps, blockchain software developers build decentralized applications or Dapps using blockchain technology. Their roles include: Development of Smart Contracts
There’s a wide base of knowledge to help you become a blockchain developer. If you’re interested in joining the field, it’s an opportunity for you to make a difference by pioneering the next wave of tech innovations. It pays very well and is in high demand.
The banking sector, the insurance industry, governments, and retail industries are some of the sectors where blockchain developers can work. If you’re willing to work for it, being a blockchain developer is an excellent career choice.
Cybersecurity specialist
Cyber Security Specialist is responsible for providing security during the development stages of software systems, networks and data centers. The professionals have to search for vulnerabilities and risks in hardware and software. They manage and monitor any attacks and intrusions
Security analysts spend their days studying the devices in use, analyzing network structure, and testing security measures like firewalls and software permissions. They look for weak points and aim to shore up defenses. They also report regularly to upper administration and may have to present findings and recommendations before management. Security analysts sometimes work with other departments to ensure their colleagues understand the organization’s best practices for information security.
Digital marketing specialist
A digital marketing analyst is responsible for analyzing statistics and looking for ways that the company can improve its online marketing efforts. These efforts include things like social media ads, website banner ads, and online branding. Many businesses know that digital marketing is essential to their success.
Customer success specialist
Customer Success is an integration of functions and activities of Marketing, Sales, Professional Services, Training and Support into a new profession. There are three necessary building blocks for this emerging profession: an in-depth knowledge of the customers, effective expertise in the product being sold, and extensive domain expertise.
Growth manager
he Growth Manager function typically lives at the intersection of marketing and product development, and is focused on customer and user acquisition, activation, retention, and upsell. The Growth Manager usually reports either to the CEO, the vice president of Product Management, or the vice president of Marketing.
Artificial intelligence specialist
Artificial intelligence (AI) specialists program computers to “think.” Some AI specialists work in cognitive simulation, in which computers are used to test hypotheses about how the human mind works. For example, the AI specialist might develop a computer program to simulate the way the human brain might recognize a face. The computer’s ability to recognize a face would then be compared to a human’s ability.
Data Analysts
A good number of companies are leveraging Big Data in order to pull out the most vital and beneficial data. This practice has paved the way for augmented productivity not only for the companies but also for their employees.
So, what do Data analysts do? Well, they translate trajectories, trends, and numbers into digestible chunks of information. Businesses gather data such as inventories, profit margins, transportation costs, logistics, and sales figures, etc.
Data analysts collect that data and help the companies to go with workable business decisions. The primary job of a data analyst is to resolve the issues that increase the company’s costs and to make better decisions for the expansion of the business.
Robotics engineer
India might be a little slow when it comes to technology advancements, nut we have some of the most brilliant minds in this country. Machines have started to replace people in dangerous jobs such as defense, space, nuclear power plants, etc.
A career in robotics is a career of the future and is a high paying career to adapt for.
Robotics Engineer deals with the design, building structure, and the applications of robots and computer and their manipulation and processing. Robotic science has a tremendous scope as a career option as robots play an important role in the industrial sector.
Keep all future jobs in your mind now and start developing your skills in the one that excites you. Start finding your passion also starts working on it today. It really does not matter what career option you choose, but the key factor of getting the desired position lies in your resume writing skills. ensure that you have a professionally written resume along with sharpening your career, that 10x your chances to land your DREAM JOB.
Believe in your future if you had a bad past. If you are going through worst present then remember your sweet memories from past. You can’t decide your future with one incident because it ruins your whole future. Give more time to your future because we can’t know when is the time that changes our fate. Believe in yourself if you want a better future. It’s you who should have a hope on you. The confidence on you is the confidence on your future.
The yesterday is bad, then think of better present, if today is worse, then think of better future. Time changes the way it does. Believe in it. Everyone will have a good time but the time for everyone is not same. Be good and do good to have good. It’s not in our hands to decide our future but it’s we who have to make it from whatever it happens. Making form worse is the best thing. Have hope to create yourself from scrap. Nothing goes in vain, if you want something from nothing it take time. Believe yourself and keep on working. One day will definitely become the someday that you dreamt off.
Remembering bad incident is easy because it’s never not forgotten that easy. Cherishing happy moment is not done so often because it’s momentary. Celebrate the life by cherishing happy moments and by forgetting sad. Beleive in long life because it’s way more to live. Never settle as though believing in short life. Life keeps on going if you keep on exploring. It’s never too late to get out of your sadness. Thinking of it makes us to think more and leaves us in a cycle where we can’t escape because our mind never makes us to think out of it. So believe in having a great destiny and live accordingly.
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