True Happiness

What does it mean to be truly happy?
Happiness is essential to life. It’s important and it’s important. Most people can do anything… But what is real happiness?

Here are some ideas below:

Follow your purpose in life
Knowing what you want to achieve in life is the essence of feeling satisfied. Only then can you work to achieve it. The goals you set should have a purpose.

Have the work of your dreams
You may want to exercise professionally, with a formal education, relevant skills, and work experience, so that you have a job or profession of your choice. This can be your key achievement.

Live by your own conditions
You could be someone (like me) who likes to work from home with flexibility or maybe be an entrepreneur, starting your own business. What about blogging, YouTube, a podcast, or the Instagram influencer?

Being in a good relationship
When it comes to happiness, it is natural to think about relationships. People around you are key. They can also affect how you feel. Your life partner plays an important role in your life. However, when you face difficult times, make yourself feel better! On the other hand, many people decide to remain single by choice.

‘To enjoy good health, to bring true happiness to one’s family, to bring peace to all, one must first discipline and control one’s mind. If a man can control his mind he can find the way to Enlightenment, and all wisdom and goodness will come to him naturally. ’- Buddha

Internal motives
Having goals that are within your reach often helps to ensure your happiness. For example, when you do things without expecting revenge, you are truly happy with the person you helped. If they don’t give you back, you don’t have to worry about it. You know that you support this person with all your heart.

‘In my life I have learned that real happiness comes from giving. Helping others along the way gives you a sense of identity. I think love is what we all want. I have never met anyone who has never been a better person in love. ’- Marla Gibbs

External motives
The external search usually refers to a number of material objects. For example, if you wanted a higher salary, worked for it, and eventually got a raise, at some point in time, you may not have much value. You start to take it for granted and get used to it.

‘Happiness, real happiness, is an inner quality. It is an attitude. When your mind is at peace, you are happy. If your mind is calm, but you have nothing else, you can be happy. If you have everything the world has to offer – pleasure, possessions, energy – but you lack peace of mind, you will never be happy. ‘- Dada Vaswani

There are endless ways to feel happy or not, so I can keep going. The main point is that everyone is different. However, true happiness comes from within!

The conclusion

In short, we all want a happy life. Fortunately, much (if not all) depends on our approach and our state of health. Therefore, choose happiness by seeing what you already have, while working on your goals and aspirations.

The Impact Of Internet On Society: A Global Perspective

 The Impact Of Internet On Society: A Global Perspective

This article entails the broad societal impacts of the Internet in our lives. But first, let us throw some light on the definition of the Internet. 

What Is the Internet, Exactly?

The Internet is a global computer network that provides a variety of information and communication facilities to people around the world and consists of interconnected networks. In a nutshell, it connects millions of computers globally.

The discovery of the Internet has revolutionized the world; this alone bears the basis of other inventions happening worldwide. The Internet laid the foundation for communication and information technology and made our work more comfortable in every sector.

How Has It Impacted Us?

Today we can not imagine our lives without the Internet, it has become a necessary utility for us. Through this discovery, humans are now connected more than ever in all its entirety. This has proved to be a boon for us. It has provided us easy and affordable access to communicate with anyone on the planet and free and effortless information about anything, including the routers that help to connect. This resource provides us with various router logins. Besides, this reforming discovery laid the stepping stones for e-commerce, cashless transactions, digital marketing, and much more.

Has It Helped Us In Any Way?

The Internet has brought unprecedented growth in the world’s economy by making all the rigorous methods into unchallenging acts. Moreover, this has provided awareness and education to the masses and simultaneously made the decision-making process a piece of cake. 

‘Internet is a technology of freedom’ words of Ithiel De Sola Pool in 1973. This freedom has opened doorways to the utopian and dystopian perceptions when analyzed carefully.

It has pioneered social networking, enabling people to socialize and connect intimately with their friends and family in the nick of time, which has proved to be benevolent and malevolent. There are so many platforms for people to engage with others on the Internet like Facebook, the largest of all social media websites accessible worldwide, Mixi in Japan, Baidu for China, Orkut in Brazil, and many more. These platforms brought a significant change for society at large.

Has It Redefined Socializing?

These social media websites have brought a profound meaning of socializing. As of now, around 4.5 billion people are Internet-connected, 3.725 billion active social media users, and ordinary people spend about 142 minutes of the day being on social networking. These stats have proved the irony that people are more social in virtual life than in the real material world.

Due to the Internet’s presence in the business sector, it has seen exponential growth as people are now taking initiatives and launching their startups more efficiently than ever before. Companies are managing the offshore subsidiaries, marketing their products, and operating like a walk in the park.

The Internet has played a vital role in the booming of the entertainment industry. It is also very beneficial for other sectors to take the lead like the Tourism sector, telecommunications, and more. It has decreased by about 70% of the red tape and provided a place to store your data and information safely.

Is It All Good, Or Does It Have Its Bad Sides?

In the world where the balance concept has a large fan base, Yes, the Internet does have a dark side. Today it is also easier to fall prey to the illegal activities and malpractices performed by people, and also it has increased bullying, stalking, spamming and social isolation. The Internet is the leading cause of pornographic content and violent acts, moreover people hack accounts of others to get access to private things. 

 

What Is Cyber Crime?

Together, these acts of aggression have coined the term ‘Cyber Crimes, ’ which in brief entails all the wrongful doings on the Internet.

The Internet poses significant challenges to us as expansion in every sector is seen in terms of technology and can create vulnerable systems in which security and privacy are the biggest concerns. The growth of the Internet Of Things has a lot to offer but protecting, and safeguarding have been holding it back. During the era of cybercrimes, you should be well aware of insightful guides from routerlogin.mobi.

With the burgeoning merits of the Internet, the disadvantages also have taken an upturn. Thus, people using the Internet daily look at the bright side and end up being easy targets to illicit practices. The Internet has also been an encouragement to social segregation, anxiety, addiction, trolling, fake news, and viruses.

Conclusion

The Internet is a two-edged sword, but the better side outweighs the other one. This century is defined by the discovery of the Internet, hence to enjoy the benefits, we have to tackle the dark effects that come with it. To be safe and secure, we must first be aware of all the scams and misdoings happening around us and then follow the steps to safeguard ourselves towards them.

From writing letters to taking meetings on Zoom, we all grew up and can see the change and dynamism that came with this reforming invention. The Internet is the weapon to destroy humanity\’s hopes for the worse, or it has the power to trigger revolutionary change for the betterment of humankind.

https://www.youtube.com/channel/UCCzOJDJZHoBttdHAjJsnN9w?sub_confirmation=1

Embrace Gratitude Joyfully

Do you take the time to say thank you? Are you too busy with it? Daily gratitude has many benefits that you must not lose. Read my blog post to see why you need it and how it helps…

Gratitude: ‘The quality of gratitude; willingness to show appreciation and reciprocity ’- Lexico Dictionary

  1. Gratitude
    Gratitude reminds you of the simple joys of life. Your child’s smile, your morning tea or coffee, reading a book… Recognizes the blessings that are there. Thanks for all the hidden treasures you already have!
  2. Kindness
    Being kind to others and being kind can make your day fun (and someone else’s). Think of the last time someone was helpful to you while driving on the road. Didn’t that make you feel good? Do you not feel even more motivated to show honor to others by giving back?
  3. Happiness
    Happiness comes from within. While you can control your life to 100%, you can, fortunately, choose satisfaction! Much of it depends on you. Start by being thankful for what you have and generally ignore it, or ignore it. You are so much better than you usually think!
  4. Self-love
    Self-care is very important! If you do not take good care of yourself, you will soon regret it. Thanksgiving is an important part of self-love! When you compliment your health, you gain better self-esteem and confidence.
  5. Thinking
    If you are grateful, you are taking time to live in the moment. Be present and enjoy every moment. Consideration has various benefits. Thanksgiving goes with it!
  6. Maturity
    Gratitude is a sign of maturity. When I was younger, I didn’t always see things the way I do now. When you think of maturity, you better understand the things that matter most to you in life!
  7. Relationships
    Taking time to listen closely strengthens your relationship. Keep your phone away, do not have screen time, and listen to those near you. Tell your date and let others talk.

Interaction
Gratitude helps you to progress professionally. For example, when you help and support each other at work, things get better for the whole group. Really strong people agree, and don’t feel threatened by showing understanding, working with a successful network!

  1. Reach the goals
    Use gratitude to achieve your set goals. How? Yes, know your small victory, celebrate each milestone you achieve… Do not let failure discourage you, instead learn from them and be patient. You will succeed in what you do!
  2. Natural practice
    I write every day and make it a point to point out 1 to 3 things I am grateful for during the day. This helps me a lot and keeps me motivated, day by day. Keep a thank-you note and make it your own. Make it a natural habit and keep smiling!

Decriminalising Adultery Could Lead To Instability In Armed Forces

To start with, the Centre has in a measured, commendable and calibrated move very rightly sought a clarification from the Supreme Court to the effect that the 2018 order decriminalizing adultery would apply only to civilians and not defence personnel because not prosecuting soldiers for adultery could cause “instability” in the armed force. Soldiers are expected to maintain utmost discipline always and if they lose their moral character then certainly this will lead to erosion of faith among the soldiers on their seniors who indulge in adultery and this can never be in the long term interest of armed forces as they will stop respecting them and will instead themselves also try to emulate the same which will certainly have potentially dangerous consequences for our nation as it is the armed forces who save guard our country from not just external aggression but also internal disturbances! How can this be allowed to happen under any circumstances? 

While maintaining that “honour is the sine qua non of the services”, a plea by the Ministry of Defence (MoD) asserted that adultery must remain a valid ground to prosecute defence personnel under army laws? How can adultery be ever tolerated in the armed forces? What message will go among the soldiers if it is decriminalized in armed forces also? Will it not encourage adultery? The answer is quite ostensible! 
It must be recollected that in September 2018, a five Judge Constitution Bench had struck down Section 497 of the IPC pertaining to adultery in the notable case titled Joseph Shine vs Union of India declaring it to be unconstitutional and violative of the right to equality of women in treating them as “chattel” (an item of property) and inferior to their husbands. As most of us know that Section 497 made adultery an offence only with respect to a man who has a relationship with the wife of someone else. The wife was considered neither an adulterous nor an abettor while the man instead could be jailed for up to a term of five years.
Truth be told, the MoD’s clarification plea was argued by Attorney General KK Venugopal before a Bench headed by Justice Rohinton Fali Nariman where the law officer submitted that the Army Act and other pertinent laws must be treated as outside the scope of the 2018 judgment. KK Venugopal who is one of the most senior and eminent lawyer of the Apex Court is absolutely right in pleading so. He rightly told the Bench that, “We thus want a clarification that the…judgment is not applicable to personnel of the armed forces.” Agreeing with the Attorney General, the Bench also mercifully responded that it was also of the prima facie view that the IPC and the Army Act or other laws governing navy and air force stood on a different footing and therefore even as adultery was no more an offence, it could constitute an “unbecoming conduct” under the Act.
To put things in perspective, the plea by the MoD has very rightly stated that, “The aforesaid judgment passed by this court may cause instability within the Services, as defence personnel are expected to function in peculiar conditions during the course of which many a time they have to stay separated from their families for long durations, when they are posted on borders or other far-flung areas or in areas having inhospitable weather and terrain.”
As it turned out, KK Venugopal also on January 13, 2021 submitted before the Apex Court Bench headed by Justice Rohinton Fali Nariman that the armed forces required a completely different standard of discipline and that, therefore, the Army Act and other pertinent laws must be treated as outside the scope of the 2018 judgment. Venugopal also told the Bench which also apart from Nariman included Justice Navin Sinha and Justice KM Joseph that, “Adultery can be defined as an ‘unbecoming act’ or punishable under “good order and discipline” rule under the Army Act. Such officers can be court martialled and cashiered. We thus want a clarification that the Constitution Bench judgment is not applicable to personnel of the armed forces.”
Needless to say, Venugopal also added that this clarification was required to obviate any counter-argument by an officer sought to be prosecuted that the armed forces were acting contrary to the Supreme Court’s verdict. Agreeing with the Attorney General, the Bench then responded that it was also of the prima facie view that the Indian Penal Code (IPC) and the Army Act or other laws governing navy and air force stood on different footings and therefore, even as adultery was no more an offence under the IPC, it could constitute an “unbecoming conduct” under the Army Act.
While adding a rider, the Bench then in the same vein also added that it was not competent to issue a clarification in this regard since the 2018 judgment was passed by a Constitution Bench of five Judges. The Bench also added further that, “This will have to be put up before the Constitution Bench.” Very rightly so!
Going ahead, the Bench then referred the matter to the Chief Justice of India for constituting a five-Judge Bench to examine the MoD’s application. It, however, issued a notice to the PIL petitioner in the case – Kerala-resident Joseph Shine who was represented in the court through advocate Kaleeswaran Raj. This was rightly considered necessary by the Apex Court.
To be sure, the MoD sought to highlight apart from what has been stated above that since the Supreme Court has decriminalized adultery, “there will always be a concern in the minds of the army personnel who are operating far away from their families under challenging conditions about the family indulging in untoward activity.”
Quite remarkably, what cannot be just glossed over is that while drawing a distinction between Section 497 in the IPC and the relevant laws in the armed forces, the MoD stated that unlike Section 497, the army laws did not make a difference between a male or a female and that it was a gender-neutral provision prosecuting soldiers of both the sexes for such acts.” Furthermore, the application stated that, “In other words, the army would equally proceed against a female subject to the Act, if she enters into an adulterous/illicit relationship.” It was also added that the laws governing the defence personnel were not discriminatory in nature.
Of course, it must be stated here that the Attorney General’s arguments in the Apex Court are based on inputs obtained from the defence ministry and the armed forces, army officials familiar with the case on the condition of anonymity. The officials very rightly added that adultery definitely amounts to conduct unbecoming of a soldier and those guilty have to be punished. There can be no denying or disputing it!
It goes without saying that the armed forces are hundred percent right in seeing adultery which implies “stealing the affections of a brother officer’s wife” as an offence that is just a notch below the worst offence an enlisted person can be accused of, cowardice. The provision to deal with this, drawn from Section 497, exists in all three services and the punishment is usually dismissal.
No doubt, the MoD very rightly underscored the necessity of retention of adultery as an offence for the defence personnel. It rightly maintained in simple and straight language: “That one has to remember that the Armed Forces exist in an environment wholly different and distinct from civilians. Honour is a sine qua non of the service. Courage, and devotion to duty, even at the risk of one’s lives, is part of the unwritten contract governing the members of the armed forces.”
As anticipated, it also relied rightly upon Article 33 of the Constitution to make a point that this provision allowed Parliament to restrict or modify operation of fundamental rights with regard to armed forces so as to ensure proper discharge of duties and maintenance of discipline. Looking from this prism too, the MoD said that its laws to govern defence personnel could not be held bad only because they abridged some of their fundamental rights.
While adding more to it, Additional Solicitor General Madhavi Divan who argued the Defence Ministry’s case in the top court very rightly remarked that, “I can only say that the armed forces require their own code of conduct in order to maintain discipline in the forces. The judgment striking down adultery is being applied to quash disciplinary proceedings in some cases. The provisions of the statutes which govern the armed forces permit disciplinary action in a manner different from the civilian population. That should be left intact and untouched.” Who can deny this?
It also certainly cannot be overlooked that another lawyer Chitrangada Rastravara pointed out that they were several actions which did not constitute an offence under the penal laws of India, but are punishable offences under the Army Act. She further rightly waxed eloquent to state that, “For example, desertion has no consequences under penal law; however it is a very serious offence, punishable by death under military law.”
It also cannot be denied that even woman officers want adultery law in the army and have pressed for retaining the criminality of adultery in the armed forces. Armed forces are always rightly expected to be most disciplined and it is imperative also as the security itself of our country depends on them! So let us fervently hope from now that a five Judge Bench of the Apex Court would soon be constituted and it would endorse the upright stand taken by the MoD on this key and sensitive issue! The ball is for now clearly in the court of the Apex Court. We have to keep our fingers crossed till the final verdict comes on this as it is for the Judges who have to finally decide on this as to what should be done finally! 
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh

Sharing Citizens Health Data Without Their Informed Consent – ‘Aarogya Setu’

It is in the fitness of things that the Karnataka High Court has most recently on January 25, 2021 in its interim order in the latest, landmark, learned and laudable judgment titled Anavir A Aravind vs Ministry of Home Affairs and others has restrained the Government of India and National Informatics Centre (NIC) from sharing the response data of users of Aarogya Setu app, observed that sharing of health data of citizens without their informed consent will violate right to privacy under Article 21 of the Constitution. A Division Bench of Chief Justice Abhay Oka and Justice S Vishwaith Shetty very rightly noted that, “The information contains data about the health of the user which all the more requires the protection of right to privacy.” It was also very rightly observed that, “The sharing of health data of a citizen without his/her consent will necessarily infringe his/her right of privacy under Article 21 of the Constitution of India.” This observation is the real crux of this entire commendable judgment.

While specifying the purpose of the writ petition, it is stated right at the outset that, “This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondent Authorities to make the use of Aarogya Setu application by citizens voluntary and etc.” It is also pointed out that this Writ Petition having being heard and reserved for passing order on prayer for interim relief, coming on for pronouncement of order.
To start with, the Division Bench first and foremost sets the ball rolling by first and foremost observing in para 1 that, “On 19th August, 2020 rule nisi has been issued in this petition. Thereafter, submissions were heard from time to time on the prayer for interim relief. The submissions were lastly heard on 17th December, 2020 and order was reserved.”
To put things in perspective, the Bench then observes in para 2 that, “The issue in this writ petition concerns Aarogya Setu application (for short, ‘the Aarogya Setu app’) introduced by the Government of India after the nationwide lockdown was announced by the Hon’ble Prime Minister on 24th March, 2020. The National Informatics Centre (‘NIC’ for short)-seventh respondent launched the Aarogya Setu app on 2nd April, 2020 which is stated to have been downloaded by more than one hundred million users. One of the issues involved is whether the Government of India has a right to use the personal data of Aarogya Setu app users on the app and whether it can transfer/ share the data without obtaining the informed consent of the users. On 1st May, 2020, an order was made by the Union Home Secretary, the Ministry of Home Affairs, in his capacity as the Chairperson of the National Executive Committee of the National Disaster Management Authority (for short, ‘the NDMA’) under the Disaster Management Act, 2005 (for short, ‘the said Act of 2005’). The said order was passed in exercise of powers under Section 10 (2) (l) of the said Act, 2005, by which, new guidelines were issued on lockdown which were annexed to the said order. The guidelines appended to the said order provided for ensuring 100% coverage of the Aarogya Setu app amongst the residents of Containment Zones. On 11th May, 2020, an order was issued by the Chairperson, Empowered Group on Technology and Data Management which was constituted by the National Executive Committee of the NDMA. By the said order of 11th May, 2020, directions were issued in the name and style of “the Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020” (for short, ‘the said protocol’).”
Be it noted, the Bench then enunciates in para 4 that, “Prayer III-C refers to clause 3 (vii) of Annexure-N which is a Standard Operating Procedure (for short, ‘SOP’) issued by the Government of India, Ministry of Health and Family Welfare on 4 th June, 2020 relating to the preventive measures to contain spread of COVID-19 in the offices. Clause 3 (vii) of the said SOP seeks to make the installation and use of the Aarogya Setu app by the employees mandatory.”
For the sake of clarity, the Bench then clarifies in para 5 that, “We must note here that by the Order dated 19th October, 2020, this Court directed that till the petition is heard on the prayer for interim relief and in the absence of any legislation, neither the State Government nor the Central Government, its agencies or instrumentalities can deny any benefit of any services to a citizen only on the ground that he has not installed the Aarogya Setu app on his cell phone. As far as the prayer made in clause (2) for interim relief is concerned, we must note here that the Government of India (8th respondent), Airports Authority of India (4th respondent) and Bengaluru Metro Rail Corporation Limited (9th respondent) have taken a clear stand that installation and use of the Aarogya Setu app is not mandatory for those who want to avail facilities provided by them. The order dated 12th June, 2020 clearly records that the passengers who wish to travel by Air or Railway are not mandatorily required to download and install the Aarogya Setu app as a condition precedent for travelling. The Order dated 3rd August, 2020 records the statement made by the Government of India in the memo dated 2nd August, 2020 wherein it is stated that installation of the Aarogya Setu app is voluntary in nature which is intended to help the users to have reduced risk of infection of COVID-19. The Order dated 19th August, 2020 records the submission made by the learned counsel appearing for the Airports Authority of India to the effect that downloading and installation of the Aarogya Setu app for Air travelers is not mandatory and it is optional. Thus, the second prayer for interim relief is virtually worked out. The same is the case as regards the first prayer for interim relief. Thus, what remains for consideration is the third prayer for interim relief.”
Significantly, the Bench then puts forth in para 26 that, “We have perused the contents of Annexure-R19 which is an Order/Notification dated 11th May, 2020 regarding the issue of the said protocol. The said protocol is issued by the Chairperson, Empowered Group on Technology and Data Management appointed under Order dated 29th March, 2020 issued by the Ministry of Home Affairs, a copy of which produced as Annexure-R2. Clause-2 of Annexure-R2 is relevant which reads thus:
“2. The measures taken hitherto have been effective in containing the pandemic so far. However, considering the gravity and magnitude of the challenges, which are emerging with every passing day, there is a pressing need to augment and synchronies efforts cutting across various Ministries/Departments. Keeping in view the need for such comprehensive action and integrated response, in exercise of the powers conferred under the section 10 (2) (h) and (i) of the Disaster Management Act, 2005, the undersigned in the capacity as Chairperson, National Executive Committee, hereby constitute eleven Empowered Groups of Officers (as per Appendix). These Groups are empowered to identify problem areas and provide effective solutions therefor; delineate policy, formulate plans, strategize operations and take all necessary steps for effective and timebound implementation of these plans/policies/ strategies/decisions in their respective areas.””
More significantly, the Bench then elucidates quite remarkably in para 27 that, “On plain reading of clause-2 referred above, the role of the Empowered Group is of identification of problems/difficulties, finding out solutions, formulating contingency plan etc. There is nothing placed on record to show that the Chairperson, Empowered Group on Technology and Data Management is empowered to pass any order which will have a binding effect. Prima facie, it is not shown that this Empowered Group has any statutory power either under the said Act of 2005 or any other Act to pass such an order. There is nothing on record to show that the powers of the authorities under the said Act of 2005 have been delegated to the said Empowered Group. We have perused the said protocol. Clause 5(a) clearly stipulates that any response data and the purpose for which it is collected by NIC shall be clearly specified in the Privacy Policy of Aarogya Setu App. Perusal of Privacy Policy available on the App. shows that there is no reference incorporated therein to collection of response data by NIC and purpose of collection. Clause 6 of the protocol permits sharing of data by NIC with the entities mentioned therein. The said entities are State Government, Public Health Institutions etc., But, the Privacy Policy says that the data will be shared only with the Government of India. Clause 8 permits NIC to share the response data for research purposes with third parties. It is pertinent to note that there is no reference to the said Clauses 5, 6 and 8 in the privacy policy or terms of service available on app itself. Thus, the collection of the data as per clause 5 and sharing of response data as per Clauses 6 and 8 is being done without the consent of the user, much less, an informed consent. Though Clause 8 provides for the anonymisation, there is nothing on record to show that the claim of anonymisation is tested by any agency. The sharing of health data of a citizen without his/her consent will necessarily infringe his/her right of privacy under Article 21 of the Constitution of India. Therefore, prima facie, the said protocol regarding sharing of ‘response data’ cannot be permitted to be implemented for two reasons. Firstly, the user of Aarogya Setu app is not informed about the said protocol at all and the same is not at all a part of the terms of use or privacy policy which are available on Aarogya Setu app itself. The users are not even informed about the said protocol and the provisions therein about sharing of the response data before he uploads his personal information. Secondly, it is not the case made out by the Government of India that the informed consent of the user is obtained to sharing of the response data, as provided in the said protocol. The information contains data about the health of the user which all the more requires the protection of right to privacy. Prima facie, we find that the sharing and use of the response data as per the said protocol will infringe the right of privacy of the users, thereby amounting to violation of the rights guaranteed under Article 21 of the Constitution. We may note here that by order dated 10th November, 2020 which has been produced along with the memo dated 11th November, 2020, it has been directed that the said Protocol will remain in force for a further period of six months i.e., till 10th May, 2021.
Finally and far most significantly, the Bench then holds in para 28 that, “Therefore, we pass the following interim order:
i) We accept the assurance given by the Government of India that no individual will be denied the benefits of any services that are being provided by the Governments, its agencies and instrumentalities on the ground that he has not downloaded and installed Aarogya Setu app;
ii) Prima facie, we hold that informed consent of the users of Aarogya Setu app is taken to what is provided in the privacy policy which is available on Aarogya Setu app itself and, therefore, there is an informed consent of the users of Aarogya Setu app which is limited only to collection and manner of collection of information, use of information and retention, as provided in the privacy policy which is available on the Aarogya Setu app. However, it is made clear that the use and retention of information and data shall remain confined to what is provided in the privacy policy which is available on the Aarogya Setu app;
iii) Prima facie, we hold that there is no informed consent of users of Aarogya Setu app taken for sharing of response data as provided in the Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020, as there is no reference to the said protocol in the terms of use and Privacy Policy available on the app.
iv) Till further orders, we hereby restrain the Government of India and National Informatics Centre, the eighth and seventh respondents respectively from sharing the response data by applying the provisions of the Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020 issued vide order dated 11th May, 2020 (Annexure-R19) unless the informed consent of the users of Aarogya Setu app is taken;
v) However, it will be open for the Union of India and National Informatics Centre, the eighth and seventh respondents respectively to file an affidavit for satisfying the Court that the Chairperson, Empowered Group on Technology and Data Management or the said Empowered Group is legally empowered to issue the said protocol and that the informed consent of the users of Aarogya Setu app is taken for implementation of clauses regarding sharing of the data as provided in the said protocol. After filing of an affidavit and the documents as aforesaid, it will be open for the said respondents to apply for vacating the limited interim relief granted as above, in terms of clause (iii).”
Of course, it goes without saying that the Karnataka High Court Division Bench has very rightly upheld the prayer made in the petition filed by cyber security activist Anivar A Aravind who had specifically sought an order restraining the respondents during the pendency of the petition from proceeding with the Aarogya Setu app and with the data collected, in any manner, whether the collection of data from members of the public is stated to be voluntary or involuntary. Senior Apex Court advocate Colin Gonsalves while appearing for the petitioner had heavily and very rightly relied on the landmark judgment of the Supreme Court in the case of Justice KS Puttaswamy (retired) vs Union of India. It is certainly a well-written, well-reasoned, well-substantiated, well-articulated and well-comprehended 50-page judgment by a Division Bench of the Karnataka High Court which must be read certainly in its entirety! All the governments must always respect the right of privacy of citizens which is an inalienable fundamental right and should desist from sharing any data without the prior informed consent of concerned citizens as held very commendably in this leading case also! There can certainly be no denying or disputing it!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh

AN YEAR SINCE KOBE BID ADIEU

Today, 26th January 2021 marks the first death anniversary of Kobe Bean Bryant, the renowned basketball legend of America, widely known as ‘black mamba’. He passed away in a tragic helicopter crash that happened last year along with his 13 year old daughter Gianna Bryant and 7 others while traveling to Bryant’s Mamba Academy in  Thousand Oaks for a basketball match. Kobe’s shocking demise came early at the age of 41 leaving his wife Vanessa with his other daughters Natalia, Bianca and Capri. 

Kobe was born to former National Basketball Association (NBA)  player Joe Bryant and Pamela Cox Bryant on August 23, 1978 in Philadelphia. Kobe started playing basketball at a very young age of 3. He joined the NBA in 1997 at the age of 17 when he signed for Los Angeles Lakers, becoming the sixth player in the history of the NBA to do so. He further went on to become the youngest player ever to play in an NBA game and the youngest NBA starter. During his long career with Lakers which stretched over an outstanding 20 seasons, Kobe managed to average 25.0 points, 5.2 rebounds, and 4.7 assists in 1,346 regular season games. Throughout his NBA career, Kobe won a MVP award, played 18 all star games and won five NBA championships with the Lakers. He was a part of the gold winning basketball team which represented the USA in the Beijing and London Olympics. He announced his retirement in 2015 owing to his fading form after a prolonged career and series of injuries.

August 24 is declared to be remembered as Kobe Bryant day by the Orange County’s Board of Supervisors to commemorate his invaluable achievements and the inspiration he was to many aspiring athletes. During his NBA career Kobe wore the numbers 8 and 24, which is chosen as a date to celebrate the talent and the cultural icon he was.

IMPACT OF PORN ON MODERN SOCIETY

We are living in the 21st century where the term ‘sex’ is considered as a taboo by our society. Since sex, a very basic human necessity, has been dealt so covertly, people ended up being hesitant to talk or discuss it openly in public. Sex education was included in the school curriculum as a result of relentless demands by the liberal and freethinking blocks of the society but has ended up more like a human biology and anatomy education rather than actual sex education. This has led to the scenario of people being poorly aware of the topic even after being taught about it.

Unlike a few years ago, with the advent of modern technologies like the internet, smartphone etc, porn has become a readily accessible material to everyone, especially teenagers. The lack of proper sex education and overexposure to pornographic contents set forth a complex scenario of our young generation mistaking the fantasies portrayed in porn for real. Porn often manipulates one’s idea of an ideal partner with unrealistic expectations which eventually leaves a considerable impact on our relationships with one another. As time passes, the enticing fantasies of porn drag one into the psychological traps of darker themes such as incest, rape, racial stereotypes, child porn etc. 

Though many studies and researches are yet to be conducted on the effects of porn and porn addiction, the report from the American Psychology Association provides us with a short insight into the topic. The annual traffic statistics of popular porn websites reported that an average Indian spent around eight minutes watching porn at a stretch. Another entrancing insight is that one-third of porn viewers are women and 48% are of the age group 18-24. Many consider porn as a private and harmless way through which people can enhance their sex life and relieve tension by releasing latent sexual energy. But watching porn regularly develops addictive behaviour resulting in an unhealthy lifestyle and broken relationships. The male-centric porn culture deceives its viewers into the devious mentality of objectifying women as mere sex tools to satisfy their urges. Porn drains love, respect and intimacy off a human being when he gets addicted to it and seeks for aggressive sex they’ve been exposed all their lives through porn. Lack of interest, sexual dissatisfaction, body image issues etc are a few among the list of relationship issues caused by porn addiction.

A revamping of the sex education imparted in schools by experts along with medical professionals, school managements and parents is essential to reduce the negative impacts of porn on teenagers to an extend. In addition to biology, sex education should consider the socio-psychological factors to ensure the eradication of taboo and reticence that persists regarding the topic. Setting a clear cut distinction between fact and fiction is necessary to prevent our children from having damaging unrealistic sexual fantasies. It is a natural instinct of teenagers to explore their sexuality and have sexual curiosity. Instead of blaming them for their sexual inclination and muffling the discussions regarding sex, timely guidance is what our society should provide our teenagers with.

Porn is a multi-billion dollar industry spread across the web which makes it nearly impossible to reduce or cut off the exposure to it. It’s just like any other commercial movie industry, a definite work of fiction with actors and directors producing contents for a targeted audience. One should realize that what porn showcases are an exaggerated product which is far from reality and attempts to imitate it in real life will result in issues with confidence and self-esteem. While you might learn a thing or two from watching porn or reading a sexy book, it shouldn’t be considered an alternative to sex education. A doctor or sex therapist should be the ones to be approached to clarify your queries rather than porn sites.

GROPING WITHOUT ‘SKIN TO SKIN CONTACT’ – NOT A SEXUAL ASSAULT; SAYS BOMBAY HIGH COURT

The Bombay High Court is under negative spotlight recently following a verdict passed on a POCSO case. In the detailed copy of the judgement which has been made available lately, Justice Pushpa Ganediwala of the Nagpur bench of the Bombay High Court has said that ‘skin to skin contact with sexual intent without penetration is necessary for the act to be considered as a sexual assault’. The ruling also said that ‘mere groping’ will not fall under sexual assault.

A complaint regarding the pursuant events was filed by the victim’s mother on 14th December 2016 at Gittikhadan Police Station in Nagpur. The complaint registered at the station is that “on the pretext of giving her [the minor] a guava in his house, Satish Ragde pressed her breast and attempted to remove her salwar.” The girl was found crying while the mother rescued her. She complained that the man attempted to silence her when she started to cry while disrobing.

The accused was charged with Sections 354 (assault or criminal force to woman with intent to outrage her modesty); 363 (punishment for kidnapping); 342 (punishment for wrongful confinement) of the IPC; and Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences Act (POCSO) by the police in the FIR. During the hearing, the special court added Section 361 (kidnapping from lawful guardianship) to the aforementioned charges. The accused was found guilty by the special court and was sentenced for 3 years of imprisonment with a fine of Rs.1500 in total. 

In pursuit of the appeal filed by Ragde at the High Court of Bombay, challenging the verdict passed by the special court, Justice Pushpa Ganediwala has acquitted him of Section 8 of the POCSO charges. The Court convicted him for minor charges of IPC, thereby cutting down his three years of imprisonment to one year. 

According to Section 8 of POSCO, ‘Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.’ The High Court ruled out the POSCO charges by saying, “Considering the stringent nature of punishment provided for the offence, in the opinion of the court, stricter proof and serious allegations are required. The act of pressing of the breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside the top and pressed her breast, would not fall in the definition of sexual assault.”

This shocking verdict on sexual assault towards women and children has led to outrage across the country. The judicial system is turning a blind eye against its paramount concern of protecting its citizens through this judgement.

Ramani Wiped 50 Years Of My Hard Work With One Stroke: MJ Akbar

Let me begin with a disclaimer: I have no affiliation with eminent and senior journalist MJ Akbar of any kind and I have never met him in person nor am I affiliated in any way with his political party BJP of which he is a member and earlier was Union Minister of State also for External Affairs. But ever since I gained senses I have been a regular reader of his scholarly articles in most prestigious magazines like “India Today” among others and so also in many eminent newspapers. I used to enjoy reading his learned articles most when I was in school and in college even though later also I made it a point to always read his articles! I was most shocked to learn when his name figured in a controversy and when his name was dragged in it. To be brutally honest, it was the worst shock that I could ever have imagined in my life!

Needless to say, MJ Akbar has always enjoyed an impeccable reputation and even his worst critic could never have questioned his unimpeachable conduct, his impeccable reputation until Priya Ramani raised serious questions marks on his conduct. MJ Akbar through his counsel argued that it was journalist Priya Ramani who “targeted him” for which he was prompted to file the defamation complaint.
It may be recalled that MJ Akbar was left with no option but to resign as Union Minister of State for External Affairs even before the charges have been proved against him in any court and he too became a victim of “MeToo Media Trial”! Hang him if he is guilty but condemning him even before charges have been framed against him in any court and tarnishing his “impeccable reputation” which he has earned in his entire life in just few seconds cannot be justified under any circumstances! MJ Akbar could have easily continued as a Minister but he preferred to resign and first challenge those who tarnished his impeccable reputation in court.
Bluntly put: Is MJ Akbar not entitled to the benefit of the due process of law and legal defence? Should he not be given a chance to prove his innocence? There are many senior eminent women journalists like Tavleen Singh who have always appreciated him and have said that they have never experienced any such “alleged misconduct” from him but this is never highlighted in the media! Tavleen Singh is most famous for calling a spade a spade and she never fears anyone! How can all this be ignored?
Most recently, a woman journalist deposed in court in his favour and admired his upright approach in always dealing with her. Only the numbers are highlighted that 16 or 17 women have levelled most serious charges against him but I want to ask: Why they never dared to lodge FIR against him in any police station of India till now? Why they kept quiet for so many years? Why inspite of being professional they chose to keep quiet? Were they not aware of their legal rights?
Going forward: Why did they not immediately complaint? Why they didn’t spill the beans earlier? Why was there a consensual conspiracy of silence? Why were they lured to keep quiet? Why they compromised themselves just for getting some material benefit? Are they not guilty just like an adulterous women? 
It also cannot be ignored that Union Minister Pon Radhakrishnan asked: “If someone makes an allegation that such a thing happened when the incident happened we were playing together while in class 5. Would it be fair? The ‘MeToo’ movement had sullied the image of the country. Will it be right for men to start making similar accusations like them.” Even Union Minister for Tourism K Alphons had cautioned against frivolous complaints by “insincere” people with an agenda. He said that, “People should be extremely careful when they raise an allegation. Yes, if something inappropriate has taken place, it should be in public domain. There should not be any doubt about it, but I hope frivolous complaints are not raised by insincere people to fix people whom they do not like.”
We heard earlier how KWAN founder Anirban Das attempted suicide after sexual misconduct allegations but was saved by an alert police team patrolling the Navi Mumbai bridge! MJ Akbar has vowed to fight for sake of his reputation till the end! There are very few who care for what “mental trauma” a man undergoes when false allegations are levelled against him and he is defamed by “media trial” to the fullest even before charges are framed against him in any court! This must stop once and for all as it mutilates and maims to pieces a men’s integral right to reputation and right not to be defamed and denounced even before any court takes cognizance of the charges levelled against him! 
“You do me favors, I do you favors 30 years later
lets call it “me too”
A strong woman does not wait 30, 20, 10 years to speak up, she slaps him on the first “bad touch” and knocks him out
Don’t hide your weakness, the favors in returns that you enjoyed and the work you got by “I was too scared” cry now
You were scared to say NO then because its hard to stand up for what is right and you were scared to loose your status and position in the work place, so YOU CHOOSE to accept the molestation and went back for more …Its very easy to play the abla nari card later and gain sympathy
The Shakti does not wait later to speak up, she silences the evil on spot…
My thoughts on this nonsense of me too
I don’t have me too stories …anyone who tried got a tight slap then and there and I was never afraid to walk out with my head held high ..be it a Job or relationship!
“strong women don’t have me too sob
Stories, they have I gave him thappad
(slap) back short essays”.”
– Geetanjali Arora in Sunday Times of India dated October 21, 2018
Every person must applaud, admire and appreciate Geetanjali Arora for what she has written so courageously on 9 October at 5.35 pm which got published on October 21 in one of the most reputed newspapers of India – The Times Of India! Why should women be treated always as victims? Why should women keep quiet for many decades and then speak up if she herself has nothing to hide from the world?
Does men have no right? Should only women have all the right to speak up whenever she likes? Very few know that a woman had levelled serious allegations against eminent film actor Jitender about an act allegedly done by him 47 years ago when she was very young but the Himachal Pradesh High Court didn’t accept it and rejected the petition as it said that the time limit of lodging the complaint within the limitation period of 3 years was not complied with! 
Anyway, coming to the case at hand, while appearing before Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey, senior women advocate Geeta Luthra further argued that Ramani didn’t feel the need to check with the Ministry, department or PRO to confirm if he had resigned before tweeting that he did. “You wiped out 50 years of his hard work with one stroke,” submitted Luthra while rebutting the submissions of Ramani’s lawyer, senior counsel Rebecca John. John had on a previous occasion submitted that, “It is not defamation to impute anything which is true concerning any person if it for the public good… If the imputation of sexual harassment is in good faith and for public it is not defamation. It is not defamation if the imputation relates to something that touches a public question.”
While contesting this submission, Geeta Luthra quipped: “Good faith would have been if you had any evidence. It can’t be for public good. Public good doesn’t mean you will malign someone’s image. Public good is when you’re making a statement then you have to do it with responsibility.”
Most significantly, Geeta Luthra very rightly pointed out while referring to a sexual harassment incident that, “Just by calling it my truth, doesn’t make it a truth… you haven’t proved whether you have made a call to the complainant, you haven’t proved that you met (Akbar).” Luthra also further pointed out that, “This version is a figment of imagination and not truth..After 30 years you are trying to bring something without any evidence. It is all in the air.”
While stating that “whether you make a whisper that a person is a thief or a cheat” it has to be backed with evidence. Luthra told the court that, “You have to have empirical evidence which can stand scrutiny in the court of law. There is no such evidence in this case. There is no investigation.” 
As it turned out, Luthra then read out the statement of a witness, Joyeeta Basu who had testified from Akbar’s side. Basu, Luthra claimed, was called a tutored witness. Calling Basu a respected journalist, the counsel said she was a natural witness unlike Ramani’s witness. Luthra also added that, “Her witness is her friend who doesn’t know anything about the alleged incident.” 
Needless to say, for Akbar, the defamation complaint was filed as the “malicious tweets by Ramani” had “destroyed my reputation in the eyes of the society”. Luthra also read out another testimony of one Akbar’s witnesses, Sunil Gujral to assert that his reputation was “impeccable”. Gujral was stated to have known Akbar for a long time personally and professionally.
MJ Akbar through his counsel Luthra rightly submitted that, “Harm is done by the man who instigates and ignites the first flame.” The submissions were made by Luthra before Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey. While reading Ramani’s testimony, Luthra told the court that, “She wrote an article without naming anyone because it was a piece of fiction..You said you didn’t name him because he didn’t do anything. The tweet doesn’t say that I’m saying all this because so many women are speaking up.” 
Moreover, it cannot be lightly dismissed that MJ Akbar also told the court that Priya Ramani “deliberately, intentionally and maliciously” destroyed evidence by deleting the Twitter account. Akbar’s lawyer Geeta Luthra told the court that, “This strange argument that this Twitter account, the court didn’t tell me to save so I didn’t. How can one take a defence like this?” Luthra also told the court that Ramani knew there was a criminal complaint pending against her. 
More to the point, Geeta Luthra also pertinently told the court that, “These are all tweets. They were all primary evidence. Can she destroy evidence…another criminal case can be made out. I would have wanted to cross examine her. This whole thing is destruction of evidence which is not something which is not viewed very seriously…suppose the court wanted to see it. Fact is that everything has been deliberately destroyed to subvert the cause of justice.
Furthermore, Luthra also told the court that, “All evidence which was part of the trial..deliberately, intentionally, maliciously has been destroyed by deleting the Twitter account. These lies have left me defending my reputation in the last few years. It is unpardonable. I wonder at what kind of cost has it come to you. You have damaged a person’s 50 years of reputation.” Luthra also said that, “There was no overt physical attack.”
Adding further more, Luthra said that, “Here also she is self contradictory. She said it was sarcasm then takes alternate defence. Sarcasm is also defamation. Did he do anything or not do anything..same can’t have a non-sarcastic meaning and still be sarcastic…First she says first fourt para are about her. But then talks about ‘shared experience’. Whom did she interview? This has to be before the cause of action. She says it’s my story..what is she trying? Every sentence when examined is contradictory to the next.” 
     <div style="text-align: justify"><br /></div><div style="text-align: justify"><br /></div><div style="text-align: justify">Truth be told, Akbar had filed a defamation case in 2018 stating that Ramani’s allegations were viewed and read by several people online and he received numerous calls from friends and colleagues from the media and political sphere. For having reportedly suffered “great humiliation” and his reputation being “severely tarnished” he had sought court’s intervention. Luthra reiterated that Ramani had some other motive and “there is no public interest. There is no good faith.”</div><div style="text-align: justify"><br /></div><div style="text-align: justify">Without mincing any words, Luthra said that, “What she (Ramani) said does not mean predator. Many people in positions of hierarchy are more powerful but you can’t call them a predator. There are many words to describe a junior-senior relationship.” Luthra also told the court that, “You cannot turn around and say that you are calling a person the media’s biggest predator…You are a journalist. You have to be responsible ..You can’t write as if without any sense of responsibility or accountability..It doesn’t matter what people say post facto. Harm is done by the man who instigates and ignites the first flame. She is not an eye witness. It is fabricated. She is an interested witness.” Luthra told the court that the meaning of the word predator is a person who has propensity for violent sexual behaviour. </div><div style="text-align: justify"><br /></div><div style="text-align: justify">What has really shaken me most is the enlightening editorial written by Ramesh Thakur who is Professor of Public Policy, Australian National University in ‘The Times Of India’ dated November 9, 2018 titled “Believe Evidence Over Gender” which begins by coming straight to the point saying that, “The #MeToo campaign began as a long overdue effort to call out men abusing positions of power and authority to exploit vulnerable women sexually, but then morphed into some settling of scores for dates gone wrong. In the age of social media, #MeToo swarms of screaming mobs, and bird-dogging, the wildest accusations are amplified instantaneously across the whole world. This makes the charge themselves a powerful political weapon.” He rightly suggests the following to check mud slinging matches: “First, ensure anonymity for both or neither. Name only the guilty party after the trial. If the verdict is inconclusive, keep all names confidential. Second, treat both accuser and accused with sympathy, respect and courtesy. Evaluate the testimony of both with equal skepticism, ask questions accordingly, and weigh their statements against the facts. Everyone deserves a fair hearing: no one deserves to be believed in the absence of evidence; and shifting evidence and timeline to suit the narrative warrants over suspicion. Third, match the prosecution and penalty for false accusations to those of conviction. This will put in place a powerful deterrent. Without consequences, the political weaponisation of false charges will continue. Above all, believe evidence over gender. Senator Susan Collins was branded a rape apologist for doing so.”</div><div style="text-align: justify"><br /></div><div style="text-align: justify">It was in 2018 that we saw how in a landmark judgment titled ‘Joseph Shine v Union of India’, the Supreme Court led by Justice Dr DY Chandrachud very rightly decriminalized adultery as it felt that sex with consent cannot be crime and he overruled his father’s decision rendered earlier in Sowmithri Vishnu in 1985! Law has to change with time. Even the definition of rape needs change and sex with consent should not be termed rape. A woman after having consensual sex with a men for many years cannot and should not be allowed suddenly to scream rape and play the victim card by weeping!  The moot question that arises here is: Why the women promptly didn’t lodge complaint if she was forced to enter into sexual relationship? Also, why always men alone be condemned? What if it was women who lured men into sex? Why always women version is to be believed? Why should women not be punished and sent to jail for at least an year if she levels false allegations against a men solely for denigrating, damaging and destroying his untarnished reputation in front of the world? Why should she not be made to pay compensation to him for tarnishing his reputation in front of the world? Why can’t the laws be suitably amended in this regard? Why should only women have right to reputation and right not to be defamed and denounced? Why do we ignore that our laws and Constitution treats men and women as alike? Why should men be deprived of the basic fundamental tenet of law that everyone is innocent until proven guilty? </div><div style="text-align: justify"><br /></div><div style="text-align: justify">It cannot be lightly dismissed that in a criminal case, where the accused will forfeit his liberty if convicted, the standard of proof required to convict him not just is higher but also needs to be proved “beyond all reasonable doubt”. It is high time and all news channels and media groups should refrain from just glamourising “#MeToo” movement and should instead always convince so called “female victims” to approach the court at the earliest and not after 10 or 20 or 30 or 40 or 50 years and fight the legal battle which would seek evidence for both prosecution and proving innocence instead of just levelling the most damning allegations after many decades which only exposes her to “defamation suits” to get real justice for herself! Also, it must be ensured that the identity of both the women levelling the allegations and the men against whom allegations are levelled are not revealed in public until the case is decided at least in the lower court! Such cases too must be decided at the earliest and not after many years as the reputation of both the women and the men suffers enormously which only robs them of their right to privacy which just recently in KS Puttaswamy case has been declared to be a fundamental right!</div><div style="text-align: justify"><br /></div><div style="text-align: justify">It is high time and now women too must be jailed and punished for levelling false allegations. Section 498A of IPC and so also Domestic Violence Act is many times misused and so there must be strict provision for punishing women if her allegations turn out to be false. Women is now no less inferior to men in any field. Then why should she be given blank cheque of exemption if she levels false charge against any men? Even men has the right to reputation and dignity just like women which gets severely compromised when women levels false and wild allegations against men and so should never go unpunished under any circumstances!</div><div style="text-align: justify"><br /></div><div style="text-align: justify">I am certainly not against women getting justice who have suffered at the hands of men but I also simultaneously favour the reasoned and logical stand that, “Men too have right not to be defamed and denounced without facing strictest legal scrutiny in accordance with due procedure of law”. Every Indian women must always abide by what Geetanjali Arora who is herself a female has said which I have quoted right at the beginning! Women are beating men in studies and outsmarting them in every field then why should they take things lying down when it comes to sexual offences?</div><div style="text-align: justify"><br /></div><div style="text-align: justify">Why not lodge complaint at the first place instead of just indulging in character assassination after many years as part of “#MeToo” campaign and getting defamed yourself also and making a huge public spectacle of yourself? Now it is for women to decide for themselves which course of action they would like to adopt but now they must stop laying the victim card and abide in totality by what Geetanjali Arora has said so rightly and never tolerate any sort of any misconduct from any men under any circumstances whatsoever! It is high time and now women must be actually treated at par with men by not always allowing women to play always the “victim card” and encouraging her to always take men head on whenever any men dares to violate her physical or mental integrity in any manner instead of waking up after decades! There can be certainly no denying it!</div><div style="text-align: justify"><br /></div><div style="text-align: justify">Needless to say, MJ Akbar’s case is still pending in court and we have to keep our fingers crossed till the case is finally decided. But certainly the immeasurable pain, anguish and heart bleed that MJ Akbar faced is clearly apparent and one only hopes that justice is done with him and I am sure that judiciary will vindicate the unflinching faith that he has posed in it! </div><div style="text-align: justify"><br /></div><div style="text-align: justify">Sanjeev Sirohi, Advocate,</div><div style="text-align: justify"><br /></div><div style="text-align: justify">s/o Col BPS Sirohi,</div><div style="text-align: justify"><br /></div><div style="text-align: justify">A 82, Defence Enclave,</div><div style="text-align: justify"><br /></div><div style="text-align: justify">Sardhana Road, Kankerkhera,</div><div style="text-align: justify"><br /></div><div style="text-align: justify">Meerut – 250001, Uttar Pradesh</div>

To Constitute AIJS Would Be The Greatest Step Since Independence

Coming straight to the nub of the matter, let me begin penning down my forthright views by first and foremost expressing my utmost happiness to note that Centre has finally decided to get its act together and constitute the All India Judicial Service (AIJS) about which we have been hearing since ages! AIJS is the crying need of the hour and must be debated, discussed and deliberated fully so that all best features are included in it and all possible drawbacks are deleted before it is finally created. There can be no two opinions on it.

It delights me to no end to see that Prime Minister Narendra Modi while addressing a function to celebrate the completion of 50 years of the Delhi High Court on October 31, 2016 set the cat among the pigeons when he sought a debate on creating AIJS which has been hanging fire right since independence. It is most tragic to see that AIJS has always been mocked at by the ruling party in Centre. Even now if AIJS is constituted, it will be the greatest step since independence.
It needs no rocket scientist to figure out that how much our judicial system which is currently on the verge of collapsing due to a whooping number of pending cases will benefit if AIJS is created soon. While I fully support the creation of AIJS, I don’t support reservation in judiciary at all. I certainly would welcome the inclusion of people from the lower strata of society into the judicial system but only when they enter by their own merit and I know that they can do it on their own. They are no less than others in anyway.
Did Dr BR Ambedkar make a name for himself by coming up through reservation? Selection should only and only be on merit alone. There should be no other criteria for selection. No compromise should be made on merit under any circumstances, come what may!
While craving for the exclusive indulgence of my esteemed readers, let me inform you all that I am not at all against Dalits, oppressed, poor and people coming from lower strata of society entering AIJS. But that should not be at the cost of merit under any circumstances as most unfortunately we have been seeing in other services since last 70 years even though Dr Ambedkar had proposed reservations only for 10 years! In fact, I treat them just like others and very strongly feel that they too can do whatever they want just like others! Why should they be treated worse than disabled?
Who is stopping Centre from imparting free coaching to Dalits and all those coming from lower strata of society? Why can’t more scholarship be given to them? Why can’t they be coached by top successful persons of the field for which they are trying? Why can’t they be allowed free expense for giving as many exams as they like? They can be helped in thousands of ways other than reservations. Why politicians favour only reservation as the best possible way? Did Tina Dabi who topped IAS thus becoming the first Dalit to become a topper did by availing reservation benefit? No, by her merit she made it to the top!
How long will this cancer of reservation be allowed to fester and harm the unity and integrity of our nation endlessly? What precedent are politicians and PM setting by always talking about reservations only and never talking about finishing them as Dr Ambedkar wanted them to finish after 10 years only?
Reservation is the worst form of tool and only spreads hatred in society. Also, once it is inserted in the system, it is never thrown out as we can see in our own country where Dr BR Ambedkar who is the founding father of our Constitution wanted reservation only for 10 years but what an unbeatable irony that 70 years later we still see no end of reservations rather many States have increased it beyond 50% which only draws the ire of Supreme Court. This should never happen in AIJS.
For my esteemed readers exclusive benefit, let me tell them that it has been widely reported in the media that the Centre is getting ready to set up All-India Judicial Service (AIJS) by March 2022, according to a proposal submitted by the law ministry to the Union Council of Ministers. This was reported in ‘The Economic Times’ newspaper dated 2 March 2020 with heading “All-India Judicial Service Likely by March 2022”. So it is not that this cannot be worked out in the near future! It was also pointed out in this newspaper that, “The ministry in its recent presentation to the sectoral group of secretaries informed that AIJS was one of its top priority matters. The reports of the 10 sectoral group of secretaries were reviewed by PM Modi and the Council of Ministers. The biggest challenge is to get all states and high courts on board.” 
Needless to say, we must applaud PM Modi’s courage and conviction to do what no PM has ever dared to do even though they too supported it – creation of AIJS. PM Modi has called for debate and discussion on creating AIJS but I very strongly feel that Law Commission has time and again recommended the creation of AIJS, former CJI too have recommended, Parliamentary Standing Committee also has recommended and National Judicial Pay Commission too has recommended then why so much of inordinate delay over it? It must be cleared soon now. After the Modi’s Cabinet clears the landmark proposal, the Union Public Service Commission (UPSC) will be entrusted with the AIJS examinations. The Delhi High Court asked the government in an earlier petition by Ashwini Kumar Upadhyay to decide on creating the IJS. It will again hear another petition by him for creating an IJS. 
Be it noted, the move for an AIJS didn’t curry much favour with the higher judiciary in the past. The Chief Justices Conferences in 1961, 1963 and 1965 favoured the creation of an AIJS, but the proposal had to be shelved after some states and high courts opposed it. What should have happened way back in 1960s that we don’t see happening even in 2016 and it is only now after PM Narendra Modi has spoken on its dire need from a public platform and that too while addressing a function of lawyers and judges to celebrate the completion of 50 years of the Delhi High Court that some bright ray of hope has finally emerged.
To put things in perspective, subsequently, the Constitution was amended in 1977 to provide for an AIJS. The proposal was again floated by the UPA government in 2012 when it got it vetted by a committee of secretaries and prepared a cabinet note. But the draft bill was shelved after fierce opposition from high court chief justices. In 1972, the then Chief Justice of India had again endorsed the creation of AIJS.
Enough is enough! Now not any more! No more endless wait for AIJS! If Centre is really serious to combat the more than three and a half crore cases pending in lower courts all across the country, it has just no other viable option left before it but to start the AIJS. Ad hoc measures like re-employing retired judicial officers won’t serve much in the longer turn even though it may provide some relief. It cannot be a permanent cure. Centre must realize this which it has failed to realize in last 70 years.
In the absence of AIJS, it is becoming increasingly difficult to maintain the required judge strength in district courts and high courts. The available judges are unable to clear the huge backlog of over 30 million cases. Inspite of all this, IJS not started till date and mere opposition by few States/High Courts gave a lame excuse to successive Union Governments to just sleep over the matter.
Let me reveal here that in his PIL, Ashwini Upadhyay, who is also a BJP spokesperson contends fiercely that the establishment of IJS under the Article 312 of the Constitution of India, is not only necessary to provide equal opportunity to all prospective Advocates in spirit of Article 16 but also essential to secure fundamental right of fair trial and speedy justice to the citizens in spirit of Article 21. IJS has not been established in spite of constitutional provision and despite the Apex Court strongly endorsing it, he states in his petition. He further states that, while most government department has ‘All India Service’ recruits, the Judiciary is the only setup that does not have a national level selection process to attract the best prospective Advocates. “When IAS officers can be allotted State cadres and adjust to local requirements, why can’t IJS officers? Every organ of the State including the judiciary needs to be accountable to the public. People need to know how judges are appointed, what criteria they have been evaluated on. Many judges appointed by the collegiums or by political intervention may have been brilliant, yet their recruitment process is questionable. Judiciary should reflect social reality and the country’s diversity,” the petition reads.
Significantly, the Delhi High Court asked the government on July 11, 2016 to consider a lawyer’s representation seeking setting up of a All India Judicial Service on the lines of the Indian Administrative and Police Services. A Bench of Delhi High Court comprising of the then Chief Justice G Rohini and Justice Sangita Dhingra Sehgal asked the Ministry of Law and Justice to take a decision on the petitioner’s representation and inform him. In his plea, Ashwini Upadhyay said the step to set up the AIJS was “long overdue and has been hanging fire for ever five decades”. He also pointed out that, “Most government departments now had ‘All India Service’ recruits, the Judiciary does not have a national level selection process to attract the best possible talent”.
Before proceeding ahead, it would be imperative to quickly recapitulate the important events associated with AIJS. It will help us broadly in understanding this subject better. The list of important events are as follows: –
03-01-1977: AIJS inserted into Article 312 by the Constitution (Forty-second Amendment) Act 1976. The purpose of the constitutional amendment was to ensure uniformity in standard of selection and to attract the bright and young talent in judiciary so that fair trial and speedy justice made available to every citizen throughout the country.
27-11-1986: Law Commission submitted in its 116th report titled “Formation of All India Judicial Service” to the Union Law Minister and explained in details the importance and urgent need of All India Judicial Service.
10-4-1995: The Hon’ble Supreme Court in WP(C) 1022 of 1989, All India Judges Association v Union of India, directed the Union Government to take immediate measures for setting up the All India Judicial Service. The Union Government sought the views of the State Governments and High Courts on constituting the All-India Judicial Service before moving a resolution in Rajya Sabha.
10-2-1997: Union Government submitted a status report n constituting the All India Judicial Service in the Apex Court. Out of 25 states, 08 states endorsed AIJS, 08 states conditionally agreed upon AIJS, 07 states disagreed on AIJS and 02 states not responded. Out of 18 High Courts, 04 High Courts endorsed AIJS, 04 High Courts conditionally endorsed the AIJS, 03 High Courts disagreed with AIJS and 07 High Courts not responded on AIJS.
24-10-2009: Hon’ble Chief Justice of India endorsed the All India Judicial Service in his inaugural address in a conference titled “National Consultation for Strengthening the Judiciary towards Reducing Pendency and Delays” in Delhi. 
25-10-2009: Conference titled “National Consultation for Strengthening the Judiciary towards Reducing Pendency and Delays” unanimously adopted the resolutions presented by Union Law Minister for establishment of All India Judicial Service and increase in the strength of judges by 25% to reduce the pendency of cases from 15 years to 3 years.
19-05-2014: Hon’ble 41st Chief Justice of India Sh. R.M. Lodha on the eve of assuming charge reiterated the need of the All India Judicial Service. He said: “Setting up of All India Judicial Service, being planned by the government on the lines of the IAS and IPS for recruiting judges for subordinate courts, should be given serious thought. A national consensus is lacking as some states have raised reservations on the framework of the Indian Judicial Service. Those states should also be brought on board.”
It must be emphasized here that the Law Commission of India has four times – in its 1st, 8th, 77th and 116th reports called for Indian Judicial Service. The Apex Court has twice – first in 1991, then in All India Judges Case (1992) endorsed the creation of AIJS. It is imperative to ensure fair selection of incumbents and to attract bright and best law graduates to judiciary.
Be it noted, Centre too strongly felt that to prevent the fresh law graduates from rushing to the all enticing private and corporate sector, it is imperative that All India Judicial Service be started immediately and they too are made eligible just like we see in case of Civil Services. Presently, what we are seeing is that the best talent is wasting no time in jumping on the bandwagon of corporate and private sector who is ever ready to hire them at attractive prices. To stop this to a great extent, it is all the more imperative that AIJS be started immediately without any more delay!
Most significantly, it cannot fbe lightly dismissed that three most eminent Judges in the annals of the Apex Court – Justice VR Krishna Iyer, Justice JS Verma and Justice MN Venkatachaliah gave their joint views on the constitution of All India Judicial Service as follows: “We agree with the urgent need to constitute the All India Judicial Service envisaged by Article 312 of the Constitution of India; at par with the other All India Services like the IAS, to attract the best available talent at the threshold for the subordinate judiciary; which is at the cutting edge of the justice delivery system to improve its quality. Moreover, the subordinate judiciary is important feeder-line for appointments to the High Courts. The general reluctance of competent lawyers to join the Bench even at the higher level adds an additional urgency to the problem. AIJS will in due course of time, also help to improve the quality of the High Courts and the Supreme Court. The modalities for creating the AIJS to achieve its avowed purpose, and the necessary constitutional changes and the legal framework can be worked out after acceptance of the proposal in principle.” 
No less significant is the irrefutable fact that the First Law Commission of India, headed by learned MC Setalwad, with the benefit of the opinion of the then Chief Justices of India KN Wanchoo and Justice MC Chagla and eminent jurist Nani Palkhiwala among others, had made a strong recommendation for the constitution of an All-India Judicial Service, like the IAS and IPS. The felt need for such a service increased several fold in the last 57 years since that recommendation was made. 
It is worth noting that in its 77th Report presented by the Law Commission of India to the then Law Minister Shanti Bhushan, it was noted in Para 9.6: “At the same time, we are of the view that the suggestion to have an All India Judicial Service of the same rank and same pay-scales as the Indian Administrative Service should receive serious consideration. According to article 312, as now amended, Parliament may by law provide for the creation of one or more all-India services (including an all-India Judicial Service) common to the Union and the States. We are conscious of the fact that a school of thought and many States are strongly opposed to the creation of All India Judicial Service. The objection is mostly based upon the consideration that since the proceedings before the subordinate courts would be conducted in regional languages, members of the higher judicial service hailing from other States would not be in a position to efficiently discharge their functions. This difficulty can be obviated if, like recruits to the Indian Administrative Service, the recruits to the All India Judicial Service also undergo a training period of two years. During that period, they can acquire also familiarity with and mastery of the regional language of the State to which they are to be allocated after the completion of their training period. The requirement about practice at the bar may perhaps have to be waived for recruitment to All India Judicial Service, as they will be recruited at a comparatively younger age. It should, however, be essential that the competitors are graduates in law.” 
Para 9.6A of this very 77th Report further notes: “Another reason which should weigh in favour of the creation of the All India Judicial Service is the attraction that an All India Service holds for bright young graduates, including law graduates. The result is that many of them compete for and are selected for the Indian Administrative Service. If the All India Judicial Service is created with the same rank and pay scale as Indian Administrative Service, the Judicial Service would hold perhaps greater attraction for bright law graduates. The Judicial Service in such an event would not be denuded of talented young persons. The Law Commission presided over by Shri Setalvad also felt this difficulty and observed that an important factor which detracts from the attractiveness of the judicial service is the inferiority of the status of a judicial officer compared with that of the executive officer. The Law Commission in this connection referred to the following observations of an experienced Chief Justice: –
“One reason why meritorious young men or young practitioners of some standing keep away from the judicial service is the comparative inferiority of the status of district judicial officers vis-a vis officers of the district executive. Formerly, the district judge, like the district magistrate, used to be a member of the Indian Civil Service and its position in the District was superior to that of the District Magistrate. Under the present system, the district magistrate is a member of the Indian Administrative Service which is a service of an all-India character, while the district judge is a member of the higher judicial service which is a State service. The difference in the category of the cadres to which they belong is reflected in the status they occupy in relation to each other and in the estimation of the public vis-à-vis the district judge feels small and is treated as a person of little consequence. Nor can the district judge attain the sense of independence which he might have acquired, if he had not been under the administrative control of the State Government in regard to his service.”
It must also be brought out here that Parliament Standing Committee endorsed the AIJS in its 64th Report (Para – 50). The Report says: “All India Judicial Service has been envisaged under Article 312 of the Constitution of India. The Committee expresses its concern over the delay in its creation. The Committee insists that All India Judicial Service may be created without further delay to attract best talent to the subordinate judiciary from where 33% of the judicial officers are elevated to the Bench of High Courts. Reservation as per existing policy of the Government may be made applicable in All India Judicial Service.” 
It is also worth pointing out that the first-ever National Judicial Pay Commission (NJPC), headed by Justice K Jagannatha Shetty who is a former Judge of the Supreme Court and who submitted its report in November, 1999 too recommended constitution of All India Judicial Service in the cadre of District Judges as per provision of Article 312(3) of the Constitution of India. The NJPC mooted that the District Judges, directly recruited and promoted, should constitute the AIJS. Seniority of All India Judicial Service will be on All India basis and as per the ranking in the select list. The inter-se seniority between direct recruits and promoters will be determined according to the date of allotment of promotion. Such direct recruit must thus be annexed to the respective State Judicial Service within the three-tier system. At present, there are only three All India Services i.e. The Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFS). While the first two were inherited from British Raj, the IFS is the only All-India Service which was created after independence. It was constituted in 1966 under the All India Service Act, 1951 by the Government of India.
It is high time and now as PM Modi has himself said that the setting up of AIJS must be debated, discussed and deliberated upon before finally transforming it into reality. But it must be done soon. It should have happened right at the time of independence but 74 years later we see it still has not materialized! No delay any longer!
It must be underscored that uniformity in standards for selection will definitely improve the quality of different High Courts and will minimize the scope of partiality, arbitrariness and aberrations in judicial selection and simultaneously the quality of dispensation of justice will improve considerably right from the top to the bottom, as it essentially hinges upon the quality of judges recruited. It is the larger public interest that will be served if AIJS is created and also the interest of fair trial and speedy justice. The recruitment of Judges right from the entry level should be handled by an independent agency just like UPSC and can be named National Judicial Service Commission (NJSC).
It would be the job of NJSC to ensure that only and only the best talent selected through open competition is selected into AIJS thereby ensuring fair and transparent selection process just like IAS, IPS and others are selected into Civil Services by UPSC. Also, there should be comprehensive training of 2-3 years after selection in AIJS to be undergone in National Judicial Academy as we see in Bhopal.
We see court cases not ending even after more than 50 years. This completely erodes and tears apart the otherwise irrevocable faith of people in getting justice from courts. In foreign countries like USA, UK and Canada cases are decided very soon. But in India it is exactly the opposite. This must change if we want to project the image of India as a global destination centre for investment. That can happen only when cases are decided in time. Fair, fast and uniform justice keeps the people’s faith ingrained in the system which is so important for the successful functioning of any democratic country. Access to fair, fast and uniform justice is deeply rooted in the concept of democracy and regarded as a basic human right. 
For cases to be decided in time, we need to have adequate number of judges which in turn is possible only if AIJS is started at the earliest. There is just no other viable option available and Centre must grab it with both hands and do the needful so that people at large benefit the most from it for whom justice is really meant. Only such a meritocratic service with open competitive examination and 2-3 years of comprehensive training to all the trainee judges and assured standards of probity and efficiency would be able to ensure “Fair Trial and Speedy Justice’ to citizens in spirit of the Article 21. Unnecessary delay gradually declines the citizenry faith in judicial system which is most dangerous. Fragmentation of faith has the effect potentiality to bring in a state of cataclysm where justice may become casualty. This will only usher in lawlessness which we can allow only at the cost of our own peril!
Needless to say, Opposition too must play its role well by cooperating in ensuring that the Bill for AIJS is passed with thumping majority in both Houses of Parliament. It must be noted that the Union Government cannot do anything unless the Council of States in this behalf passes a resolution to this effect, which is a mandatory requirement for creation of the same as also specified in Article 312. Centre must move a resolution in this regard without further delay. Delay of 70 years is quite a long delay by itself. Now no more alibis of any kind.
It is well accepted by thinkers, philosophers, academicians and jurists that if fair, fast and uniform justice is to be secured to all the citizens, and equality before the law and equal protection of the law has to be ensured, India needs the best talent in the judiciary. Needless to say, the quality of justice dispensation will ameliorate considerably right from subordinate courts to the Apex Court by initiating the AIJS and by establishing a NJSC like UPSC which is of seminal and pivotal concern. 
To sum it up: It is in the interest of all concerned that the guilt or innocence of the accused is determined as quickly as possible. This in turn is possible only if there are adequate Judges. Adequate judges can be made available only if they are recruited in large strength through AIJS just like we see in case of IAS, IPS, IFS and other Civil Services. This alone explains why I mince no words to state emphatically that, “To constitute AIJS would be the greatest step since independence”. It brooks no more delay anymore now! I am sure that PM Narendra Modi would take further necessary steps to ensure that AIJS is given the green signal and after getting it passed in Rajya Sabha with the cooperation of Opposition as we saw recently in case of GST is soon brought into action! It is the young generation especially those who have just graduated or are about to graduate in Law in any part of India that will benefit remarkably by leaps and bounds if PM Narendra Modi takes this landmark and momentous decision anytime soon! I only hope that it does not again turn out to be an endless wait for them also as we saw most unfortunately in the past! Let’s hope fervently that history will not repeat itself again!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh

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