Juvenile Delinquency

Juvenile Delinquency is one of the most important problems. It exhibits a specific pattern of behaviour and involves any wrong doing by a child or a young person who is under the age limit as specified by law.

As per the section 2(k) of the Juvenile Justice (Care and Protection of Children) Act 2000, a juvenile is a person who has not completed 18 years of age. ‘Juvenile in conflict with law’ means a juvenile who is alleged to have committed an offence. He/she is also called a juvenile delinquent. A delinquent is an under aged person who is guilty of anti social act and whose misconduct is an attraction of law.

A juvenile delinquent is a person who breaks the law, is a vagrant, and persists in disobeying orders and whose behaviour endangers the moral well being of his own as well as of the others. Delinquency is a type of abnormality which may not be regarded as a criminal behaviour; however juvenile delinquency is injurious for children and is thus prohibited.

There are various opinions expressed regarding this behaviour such as bad company, adolescent instability, mental and emotional conflicts, social suggestibility, motion pictures, poor recreation, vocational dissatisfaction, and physical conditions. However, explanation of delinquency in terms of living in slums, broken homes, films, or moral deprivation etc. have failed to provide a comprehensive regarding this issue.

For the purpose of eradicating juvenile delinquency, the government has established and maintained institutions of observation homes and special homes with all facilities for the temporary reception of any child in case of a conflict with the law. The government has recognised reputed and capable voluntary organizations and provided them assistance to set up and administer as many shelter homes for children or juveniles as may be required.

Communal Tensions

Communal means pertaining to a community engaged in or involving two or more communities. A community consists of people organised into a social unit. In India, a community is often organised on the basis of caste or religion. It is something that constitutes a common interest, common language, common government which is formed by any number of individuals.

India is a multi linguistic, multi religious, and multi racial country. We can find conflicts between different groups of people based on the caste, religion and race. After India gained its independence, which was on the basis of Hindu and Muslim communities i.e. India and Pakistan, it flamed the communal riots among the Hindus and the Muslims where millions were rendered homeless while many lost their homes but the worst part was that it gave rise to communal tension which has not been put to an end till now.

Communal tensions rise when there is contradiction between two groups on the question of language, community, culture, etc. During the Mughal rule, Aurangzeb inflicted much injustice and misery on the Hindus and in return, many Hindu rulers retaliated in a violent way. Many parties were also started based on the communal interests which led to conflicts. When the communities live as a separate section, there is a chance to develop tensions between them because of their varied modes of life. Hatred and disgust is also another cause for the communal tension which can arise on false thoughts which are based on ignorance.

Some of the social causes also promote communal tensions. Muslims slaughter cow and this injures the feelings of the Hindus whereas many Hindus find it objectionable to form a close relationship with Muslims as they follow another religion. The different customs followed by these communities is also a reason for them to look at each other in a slightly different manner.

For communal harmony, it is necessary to make a concerted effort and both the government and the people have to co-operate if any success is to be achieved in this regard. The mass media should be used in a form of creating a healthy national opinion. Historical events where both the hindus and the muslims worked together for the national interest should be promoted. The political parties which are formed on the basis of communalism should be banned and there should be formation of youth organization which should include people from both the communities.

Alaska Christian College

about us

Our vision is to be the premier college of choice for Alaska Native students so that our graduates follow and serve Christ within the Church and larger society.

our mission and vision

The mission of Alaska Christian College is to empower Alaska Natives through biblically-based education and Christian formation to pursue excellence in character, learning, and service as followers of Christ. Our vision is to be the premier college of choice for Alaska Native students so that our graduates follow and serve Christ within the Church and larger society.


University of Alaska

How to apply

Going to college in Alaska is only a few steps away

APPLY FOR ADMISSION
Apply to your university of choice. Each institution has an admissions application to complete and submit online. You will need to setup a new user account if you don’t already have one. There is usually an application fee, so be ready to make payment when you apply. Applications, information and contacts for help can be accessed through the admissions links below.

GET ACADEMIC ADVISING
An academic advisor is your guide to college, connecting you with a program and helping you find the tools you need to succeed. You should meet with an advisor as soon as possible after acceptance to the university to help plan your academic journey.

INVESTIGATE FINANCIAL AID
Unless you’re a millionaire you probably need help paying for classes, books and fees. Your college costs will depend on what school you select, how many classes you want to take, and for how much aid you qualify. The Free Application for Federal Student Aid, or FAFSA, is required for federal, state and privately funded student loans and scholarships in Alaska. Fill it out at fafsa.gov early to take advantage of the most funding opportunities. There are hundreds of scholarship opportunities for University of Alaska students. Explore them online viaAcademicWorks.

REGISTER FOR CLASSES
Class registration begins in early April for the the fall semester, early November for the spring semester and early February for summer semester.

JUST WANT TO TAKE A CLASS?
If you are not intending to seek a degree you can register for a class through UAOnline.

MORE APPLICATION/TRANSFER ASSISTANCE:
The new My Future Alaska gateway provides prospective students transfer checks, guided transfer pathways and campus profiles (which include information on general education requirements, admission guidelines, and more) and a cost calculator for financial planning.
Admission Requirements

Admission requirements vary depending upon the course of study and university of choice. There may not be any requirements to just take a class, but admission into certificate, bachelor, or graduate programs does require meeting institutional requirements.

For the best information and to submit an application, please visit the admissions websites for the university you wish to attend.

For the best information and to submit an application, please visit the admissions websites for the university you wish to attend.


Caste in the Contemporary Times

Casteism in India is one of the social problems that are prevalent in India. It refers to the hatred for one caste by the other or the attempts of the members of one caste to gain advantage for them to the detriment of the interest of the fellowmen of the other castes. It is a result of the growing clash between various castes for higher share in the socio economic privileges and power but the feelings of deprivation are fanned mainly by a few individuals for their own benefits in the name of the caste as a whole.

Kaka Kelelkar says that casteism is an overriding blind and supreme group loyalty that ignores the healthy social standards of justice, fair play, equality and universal brotherhood. Prasad D.N. says that casteism is loyalty to the caste translated into politics. The causes of casteism are the sense of caste prestige, marriage restrictions, illiteracy, communication propaganda, etc. The effects of casteism are the hindrance to the nationality, danger to democracy, moral degradation etc.

The old use of the term caste has changed in the present times. Now the members of the scheduled casts are proud of saying that they belong to a particular case and are even adding their caste names to their personal names. Caste sanctions have also become weak and do not operate with the same force in all sections of Indian society. The political use of caste is increasing day by day in every region of India. The structure and function of caste system have weakened and the association between caste and occupation is now a thing of the past. Many new occupations are being created where people of all castes meet freely and work together.

After India gained independence, the caste system has seen some drastic changes. Untouchability, the most undesirable feature of the caste system, has received a severe setback and is disappearing from the society. The caste panchayats used to wield all the authority and the Brahmins enjoyed a superior position, however in the modern times, village panchayats, trade unions, and the state are the exclusive features and the supremacy of the Brahmins has vanished from the society.  

The Indian constitution gives reservation to the Scheduled Castes and the Scheduled Tribes in the Legislative Assembly and the House of the People in articles 332 and 330 respectively. They have also been given reservations in education, jobs and at other places so that they are given an equal opportunity as compared to others and also to take care of their financial interests.

Law and Society

Law is the body of principles recognised and applied by the State in the administration of justice. It is a body of rules which guides human conduct in the society and is a means of social control. Every society has its own legal system and is imposed by the authorities. Those who deviate from the law are usually given the punishment of various kinds such as fines, imprisonment, exile, or death. Law means justice, morality, reason, order, and righteousness from the view point of the society. It is term used to define legal order which represents the regime of adjusting relation, and ordering conduct by the systematic application of the force of organized political society.

It is a whole body of legal precepts which exists in a politically organized society. The function of law is to achieve justice, stability, and peaceful change. It is helpful to control natural tendencies and certain human instincts. It ensures co-operation. It acts as social rule and as an instrument of state. It is used as a means to reduce disharmony in the society.

Law is a social function, an expression of human society concerning the external relations of its individual members. The purpose of society and social relations determine the nature, purpose and function of law. In a static society, law can be used as a powerful means of social change. Law introduces a new pattern of social behavior which is more conducive to the prosperity of the society. When there are odious customs, they can be put down by the law which abolishes those customs, and make it an offence to practice them, as seen in the case of Triple Talaq. Thus, law can be used as an instrument to achieve peaceful social change.

Social legislations in India before and after the independence clearly shows the efforts of the state and the society to bring the legal norms in line with the existing social norms as well as to improve the social norms on the basis of new legal norms. 

Police Encounters

Encounter killings is a term used to describe alleged extrajudicial killings by the police or the armed forces, supposedly in self defense, when they encounter suspected gangsters or terrorists. In India, the term became popular in the late 20thcentury because of a very high frequency of encounter killings by police in cities such as Mumbai, Chennai, and Kolkata. The Mumbai police used encounters to attack the city’s underworld, and the practice spread to other large cities. However, there is always a speculation behind the police motivation of these reported incidents, and further complain that the wide acceptance of the practice has led to incidents of police staging fake encounters to cover up the killings of suspects when they are either in custody or are unarmed.

After the encounter of Vikas Dubey and the 4 people accused by the Telengana police in the Hyderabad rape and murder case, questions have been raised over the legality and appropriateness of the police action leading to the debate that ‘whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measure of retributive justice to bring instant and speedy justice to the victims.

On such extra judicial killings, the National Human Rights Commission and the Supreme Court have laid down proper guidelines and procedures that must be followed in order to prevent any abuse of the power by the law enforcement agencies. In its landmark judgment, the Supreme Court had warned the policemen that they would not be excused for committing murder in the name of encounter on the pretext that they were carrying out the orders of their superior officers.

Article 21 of the Indian constitution states that no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law. This means that before depriving a person of their right to life, the person must be informed about the charges against them and must be given the opportunity to defend themselves. However, fake encounters step aside these legal procedures as it essentially means killing a person without a trial.

The police force has the right to injure or kill the criminal for the sole purpose of self defense but nothing must be done to settle personal feuds or with mala fide motives. NHRC guidelines in 2010 highlight that if the use of force cannot be justified and the death falls outside the jurisdiction of the above mentioned reasons, it is a crime and police officer would be guilty of culpable homicide.

Suicidal Tendency

Suicide is the act of taking one’s own life. It is said to be the third leading cause of death for the people in India. Suicidal behavior refers to talking about things elated to ending one’s life and suicidal thoughts refer to taking actions related to it. They are different from the actual action of suicide and does not include in the final act of suicide. It is a tragic reaction to stressful life situations as taking life of ourselves is an irreversible action.

The youth of the world is at a greater risk of suicide because the present times are of competition and everyone feels the need to succeed by outshining others. The teenagers think that it necessary to fit in their social groups for which they take actions that were not actually necessary and end up either being blackmailed or blackmailing others. Also due to the education system, there is a lot of pressure on the students and many of them are not able to cope up with it and think of suicide as the only option of escaping. Sometimes people also face financial crunch or go through a broken relationship which causes them overwhelming stress with which they are not able to cope up and take drastic actions.

In the time of the lockdown, many of the families faced financial problems as businesses were shut and many people faced unemployment. Also people were not able to cope up with the sudden change in their lives as they were not able to go out and meet others. Many were left with the feeling of loneliness and helplessness and many had the fear of contacting the virus. All these reasons also amounted in the increase in the suicide rates. Also there are many instances of celebrities committing suicide as they were in depression, which also tells us that a large amount of name and fame does not always make a person happy.

Preventing suicides is easy and we can help ourselves as well as others if they are suffering from it. If we feel a person’s behavior is suicidal, we can always ask them if they are thinking about suicide, keeping the person safe by removing things which can be used as a means to commit to suicide, having regular follow ups even after the tendency of suicide is over and it can always resurface, and the most important way is to always listen to the person without any judgment or biasness as being there for a person is enough to make them feel comfortable.

Promissory estoppel as a substitute to the consideration

The doctrine of consideration and promissory estoppel is a term used in contract law that deals with the bargaining condition of the contract.

The Doctrine of Promissory Estoppel

The doctrine of promissory estoppel is an equitable doctrine. It is a principal evolved by equity to avoid injustice to the parties. The true principal of promissory estoppel is where one party has by his worlds on conduct made to the offer a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go upon it is necessary for the application of the doctrine that one party has his position in reliance of the promise.in other words, promissory estoppel is a unilateral promise from one side and intended to induce some action by the other party. The promisee is note bound to act, for his gives no promisor to his promise. His act is at the same time an acceptance of and a consideration for the same. To attract the application of this doctrine, the following ingredient must be satisfied:

1)         That there was a promise in regard to something to be done in future.

2)         That the promise was intended to affect the legal relationship of the parties and to be acted upon accordingly.

3)         That it is one on which the other side has, in fact acted to its prejudice. 

The case of Hughes v. Metropolitan Railway[1] is known as a part of the origin of the doctrine. In the case the property owner gave his tenant the option of repairing the property in six months or face forfeiture. Under the lease, the owner, could make the tenant. Metropolitan Railway, do repairs on the building, so the tenant had six months to complete the repairs. Before the six months had transpired, the tenant proposed to the owner to buy the property. There were negotiations for the purchase of the property, but it wasn’t settled. After the six months expired, the owner sued the tenant for breach of contract and attempted to evict the tenant. The tenant had completed the agreed upon repairs past the six-month deadline. The owner was successful in suing the tenant, however, the appellate court overruled the decision. It was originally believed that the plaintiffs were trying to take advantage of the defendants by negotiating with them and then stalling, causing the six months to expire and then suing them. But that wasn’t true. They sued them because the six months had expired.

The ruling was that through their dealings, both parties made it inequitable to count the time of the negotiations as a part of the six months. The defendants relied on this promise, and therefore, it would be unfair to make them liable in this case. The implied promise is enough to allow estoppel to apply.

The Doctrine of Consideration

Consideration is defined under section. 2(d) of Indian Contract Act, 1872. The doctrine of consideration is defined as an act, or promise, of the price in which the other party is bought, and the entire agreements is then enforceable. The doctrine of consideration is important in all contracts, as it refers simply to an agreement that is legally enforceable.

However, it is important to note that there have been significant modifications to the pre-existing doctrine of consideration.

 In the case of Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd[2] the court held in a unanimous decision that Dunlop could not claim for damages in the circumstances. The court found that firstly, only a party to a contract can claim upon it. Secondly, Dunlop had not given any consideration to Selfridge and therefore there could be no binding contract between the parties. Lastly, Dunlop was not listed as an agent within the contract and could therefore not be included as a valid third-party who had rights to claim on the contract.

Promissory estoppel as a substitute to the consideration

The doctrine of promissory estoppel is an alternative to the doctrine of consideration. It refers to a contract that cannot be withdrawn because one party acted on the other parties’ promise. In most cases, one party was harmed or served injustice because of the broken promise that they relied on. The promissory estoppel acts as a legal shield against the other’s claim, even though they did not give any consideration.

The doctrine of promissory estoppel is the exception to the contract consideration rule. It implies that a contracted promise is enforceable by law even without any consideration present. It is important, however, to understand that the promissory estoppel can only be used as a legal defense and not to initiate a legal claim.

Promissory estoppel is an important doctrine in contract law in which a non-contractual promise lacking consideration rendered enforceable to avoid an injustice. Promissory estoppel arises when injustice can be avoided only by means of the enforcement of a promise that would otherwise be unenforceable for lack of consideration. It is usually applied in cases in which a party has relied on another party’s promise, and that party’s nonbinding promise will be enforced because to do otherwise would be unfair. Promissory estoppel is commonly used in the context of charitable donations. In some jurisdictions the charity must have reliance on the promise but in others reliance is not necessary.


[1] UKHL 1977 AC 439

[2] UKHL 1915 AC 847

The Cold War

Cold war is a state of tension between two big powers. It is used to describe the period which emerged after the Second World War. When the Second World War ended, both the United States of America and the Union of Soviet Socialist Republic were clearly the masters of the world. The main cause of this tension was the difference in the opinion of these superpowers as the US was in the favor of Capitalism and the USSR was in the favor of Socialism. The hostility continued for the next 45 years. It is not an actual or direct war but is a diplomatic war fought with potent weapons like formation military alliances, spying, propaganda, and economic and military alliances.

The US was of the ideology that all industries, business and agriculture should be owned by private people or firms. Competition between rival factories or shops or firms will cause the prices to fall and will make them more efficient. The USSR on the other hand believed that everything belongs to the state and should be run by the government on behalf of the people. A classless society can be achieved by overthrowing capitalism by revolution.

Another cause for the cold war was that both the nations wanted domination over the world as both the nations were considered to be super powers. They also wanted control over the entire Germany as it was divided into two parts on the basis of ideology they followed. This war between the superpowers influenced the foreign policies, political institutions, and economic systems in almost every corner of the world.

Each side thought that the other one was trying to rule the world and neither of them would give up and it was feared that another war would erupt. This time it could have been a nuclear war. as both the nations were well equipped in ammunition, and it would destroy the whole planet. The countries began to form alliances to protect themselves. This led to the formation of NATO and Warsaw Pact.

North Atlantic Treaty Organization (NATO) was established by a treaty in 1949 which established a system of collective defense whereby it member states agree to mutual defense in response to an attack by any external party. Its original members were – United States, United Kingdom, Canada, France, Denmark, Italy, Norway, Portugal, Belgium, Netherlands, and Luxembourg. Later Greece and West Germany also joined.

The Warsaw Pact was the socialist response to NATO and was signed on May 1, 1955 in Warsaw Poland. Military treaty, which bound its signatories to come to the aid of the others, should any one of them be the victim of foreign aggression. Its original members were – Albania, Bulgaria, Hungary, East Germany, Poland, Romania, the USSR, and the Czechoslovak Republic.

 The cold war ended in 1990 when the soviet was defeated from Afghanistan and the Soviet Union was divided into different countries. 

The Black and White Photo Challenge

Social media is a helpful tool to raise awareness about various social issues that happen all around the world. One such awareness campaign that is going all over the instagram is the Black and White photo challenge, where the person who is challenged has to put a black and white photo of them on the social media platform with the hash tags #blackandwhitephotochallenge and #challenge accepted. More than 53,00,000 people have participated in this challenge and posted their photos. Women, including the celebrities, are posting their pictures as a sign of women empowerment.

The challenge is said have began in Turkey where there was a sudden spike in gender based violence, along with nearly 474 murders of women in a society that has already normalized honor killings and domestic violence; not just at the hands of partners or husbands but also from the male members of the family.

In an article is was said that, ‘what is now a light hearted expression of female solidarity was originally, in Turkey, a campaign inspired by both the soaring rates of violence against women and the brutal murder of a 27 year old student named Pinar Gultekin. Turkish women wake up every day and see a black and white photo of women who has been murdered, either on their instagram feed or their newspapers or television. This challenge was thus started as a way for women to raise their voices and to stand in solidarity with the women we have lost.

The Turkish government has failed its women, so they need to take this matter in their own hands to create awareness. In 2011, the Istanbul convention on preventing and combating violence against women and domestic violence was signed by a number of European countries however, the Turkish government is now backing out of this. Thus we need to back the power and use our voices or whatever small or big privilege we have and effectively use the challenge to raise our voices to create awareness about gender based violence.

Emotion Recognition

Have you ever thought of any sort of interaction with any machine through emotion recognition? Yes, this is the area of the science which many want to uncover but still not able to encompass. With the constant advancement of Automated Emotion Evaluation(AEE), the emotion recognition technologies are trying to establish itself in the market. As we have a lot of advance technologies with us to make everything so easier and are still keen as mustard for more. This technology will definitely prove a boon for all of us.

Emotion recognition is a technique used in software that helps a computer to “sense” emotions on a human face through advanced image processing. Companies have been experimenting with integrating advanced algorithms with image processing techniques that have evolved in the last ten years to learn more about what the picture or video of a person’s face tells us about how he / she feels, and not only that, but also the possibility of mixed emotions a face may have.

AEE still influence a lot of great fields which are constantly developing like robotics, entertainment, education, and marketing.

  • in entertainment industries: to propose the most appropriate entertainment for the target audience
  • in education: used for improving learning processes, knowledge transfer, and perception methodologies
  • in marketing: to create specialized adverts, based on the emotional state of the potential customer
  • in robotics: to design smart collaborative or service robots which can interact with humans 

The literature presented in science attempts to classify the emotions, feelings, and set boundaries between emotions, mood, and their affects. According to the classifications done the definitions of some terms are:

  • “emotion” is a response of the organism to a particular stimulus (person, situation or event). Usually it is an intense, short duration experience and the person is typically well aware of it;
  • “affect” is a result of the effect caused by emotion and includes their dynamic interaction;
  • “feeling” is always experienced in relation to a particular object of which the person is aware; its duration depends on the length of time that the representation of the object remains active in the person’s mind;
  • “mood” tends to be subtler, longer lasting, less intensive, more in the background, but it can affect affective state of a person to positive or negative direction

The thesis also analyzes the concept of humanizing the Internet of Things and affective computing systems that have been validated by the systems developed by the authors of this analysis.Intelligent computers with human compassion are likely to make the planet a better place. The IoT sector is certainly moving ahead in recognizing human emotions thanks to advances in human emotion recognition (sensors and methods), computer vision, voice recognition, deep learning, and related technologies.

According to Stefan Winkler, CEO and Co-Founder of Opsis, the approach of his business is unique in that it provides fine-grained calculations in two dimensions: valence (positive vs. negative emotions) and anticipation (energy vs. passive expressions). This allows the machine to consider more emotions than the seven main ones – optimistic, sad, pleased, shocked, frightened, frustrated, and disgusted – in competing solutions.

Winkler noted that the understanding of feelings would only improve and improve the approval of consumers. “There have been several studies, such as Markets and Markets, that forecast that the Emotion Detection and Recognition Market will rise from US$ 6.72 billion in 2016 to US$ 36.07 billion by 2021, at a compound annual growth rate ( CAGR) of 39.9% between 2016 and 2021. Any recent high-profile acquisitions demonstrate the tremendous scope and increasing need for approaches for emotional identification. With all this high-profile takeover, A.I. is revealing. It’s set to grow, and these technologies are very much sorted out, “he said. “Our customers have been very receptive to this new avenue of recognition and understanding of the emotions of our customers.

Our clients, such as SP / SI, have shown interest in integrating feelings for a successful strategy and visualizing how consumers respond to their marketing strategies. OEM / SDK vendors are involved in integrating smart nation programs into their security approach. They expect that emotional awareness has a great potential to be incorporated in IoTs and Smart Nation for monitoring, wearable and end-sensing tools.

Covid-19

The vaccine race for covid-19 is going hotter in this days,as per latest reports Russia is planning to launch its vaccine on 12 th August 2020,it’s going to available in the market from October

Oxford university vaccine has already began its phase 2 and 3 in India with serum institute,this vaccine is planning to launch in October

According to sources,the vaccine will be available from October,and will reach to every citizen by 2021,around 150 countries are in the vaccine race

Coercion under English Law and Indian Law- A Comparative Analysis

Under Section 15 of Indian Contract Act, 1872 –

“Coercion” defined – “Coercion” is the committing, or threatening to commit any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. (45 of 1860).

Explanation.- It is immaterial whether the Indian Penal Code is or is not force in the place where the coercion is employed. (45 of 1860).

Coercion as defined under Section 15. It corresponds with most part with ‘Duress’, known to English Law.

Coercion comprises of the following two elements :

  1. Committing or threatening to commit an act which is contrary to law with the intention of causing any person to enter into an agreement ;
  2. Which compels an individual to act in an involuntary manner.

In case a contract is entered into by coercion, the contract shall be voidable under Section 19 of the Indian Contract Act, 1872.

Also, in case certain money has been paid or goods been delivered by the party to the contract under coercion, the same is recoverable under Section 72 of the Act.

Coercion: Voidable Contract

To cause any person to enter into an agreement is not necessary. It has been held in Purushottam Daji Mandalik v. Pandurang Chintaman Biwalkar[1] Plaintiff sued the defendant to set aside a sale-deed on he ground of coercion under Section 39 of the Specific Relief Act, 1963. Particulars of the coercion alleged were given in the plaint and further elucidated in the plaintiff’s deposition and supported by definite willingness to the effect that here has been open and violent abduction and severe beating to procure signature of the document. The contract was declared voidable.

Burden of Proof

The invalidating circumstances, which allege coercion must be stated by the party relying on the defence of coercion. Therefore, the aggrieved party which wants to set aside the contract will have to establish that the consent was obtained by coercion.

Duress

What the India Law calls coercion is called in English duress or menace. Duress is said to consist in actual or threatened violence or imprisonment of the contracting party or his wife, parent or child, inflicted or threatened by the other party or by one acting with his knowledge and for his advantage. Duress must be such as to cause immediate violence and also to unnerve a person with ordinary firmness of mind.

Test for Duress

The person who applies pressure to extract a promise from another is not allowed to excuse his wrongful behavior by using other reasons which the victim may have had for making the promise. In the case of Barton v. Armstrong[2], where the Court observed that it is enough that the pressure “was a reason (not the reason, nor the predominant reason nor the clinching reason) why the complainant acted the way he did.” In this case: A exerted pressure on B by threatening to kill B if he did not enter the agreement. There were other commercial reasons which might have induced B to enter into the agreement even in the absence of the threats from A. It was held that it was enough that A’s threat was a reason that contributed to the decision to enter into the agreement. It was not necessary to show that it was the prime reason.

DIFFERENCE BETWEEN COERCION AND DURESS

Coercion in India means committing or threatening to commit an act forbidden by the Indian Penal Code, duress under common law, consists in actual violence or threat of violence to a person. It includes doing of an illegal act against a person, whether it be a crime or a tort. Unlike coercion, duress is not confined to unlawful acts forbidden by any specific penal law like the Indian Penal Code in India.

Detaining a property or threatening to detain any property is also covered within the definition of coercion whereas duress is constituted by acts or threats against the person and not against his property.

India, coercion may proceed from a person who is not a party to the contract, and it may also be directed against a person who, against, may be a stranger to contract i.e. a third party.

Duress does not cover acts done by a party to the contract, or a person stranger to contract. In England, duress should proceed from a party to the contract and is also directed against the party to the contract himself, or his wife, parent, child, or other near relative.


[1] AIR 1968 SCR 705

[2] UKPC 1976 AC 104

What makes an employee to be motivated and satisfied with his job

There are definite links between how motivated you are at your workplace and your level of job satisfaction. Owners of small businesses should endeavor to increase job satisfaction so employee motivation will also improve, resulting in better job performance and increased efficiency. Concentrate on creating enthusiasm, optimism, contentment and feelings of teamwork to help your company flourish.

Feelings of worth

It is important to an employee’s mental outlook to believe she is valuable to your company. Encourage feelings of worth in your workers as a means of increasing motivation and job satisfaction. Praise your employees for exceptional performance, thank them for extra efforts, congratulate them on their talents and reward them with gift cards and other expressions of gratitude. Also, give them challenges such as leading a work team, designing a project or mastering the new office equipment and software, which can help increase feelings of worth when the challenges are successfully met.

Commitment

Employee commitment is enhanced when an employee feels motivated and satisfied at his job. The link between motivation and satisfaction is, therefore, illustrated by the commitment a worker shows toward his company. Therefore, motivation plus job satisfaction equals commitment.

“Happiness is affected by (employee’s) sense of control over their lives.”

Employers should also encourage employees to customize their workstations. This could include décor and/or equipment. This not only gives employees control over their work environments, but it can ease personal barriers such as back pain or eyestrain. In addition, studies show that certain colors or décor can improve happiness. Employees will be able to create a place they enjoy working in rather than being stuck in a bland office cubicle.

Another way to give employees a sense of control is to create employee-driven competitions such as sales competitions. These activities put employees in control of their success. Each employee can set personal goals, and they will feel a sense of accomplishment rather than obligation.

If you want to know how to motivate your employees and get positive employee engagement, you have to make them feel passionate to go to work every day and wanting to spend time with you and their colleagues.

There are some fantastic ways which can you use to motivate your employees :

Create a friendly work environment: Your employees spend a large amount of time of their lives working in the office. So try to make the office look as friendly and appealing as possible. When you create a pleasant atmosphere where it is welcoming and comfortable, your employees will be more than eager to go to work every day.

Acknowledge employees’ achievement: Everyone wants to be recognised for something they have done; regardless if it was for a work or personal achievement. The acknowledgement of a job well done coming from upper management will mean more to an employee than you think. Always remember to give credit when credit is due. takes more than just a pat on the back. Try giving simple incentives when rewarding engaged employees.

” For good ideas and true innovation, you need human interaction, conflict, argument , debate .”

It does not have to be monetary rewards all the time; simple things like a week of having a personal parking spot at the office would be sufficient. Rewarding employees could also be a part of the company benefits.

Positive communication is the key: Everyone communicates at work and it is probably the easiest thing you can do with your employee. Yet it can also be the most difficult. Spend a short period of time each day to have a word with your employees; discussing things from concerns to ideas. This will not only make your employee happy , it will also provide you with much-needed insight on your business from your employees.

Encourage friendly competition :

A little competition among the employees would not hurt. A competitive environment is a productive environment. Encourage employees to participate in competitions or challenges as it is healthy and may actually lead to increased camaraderie. Friendly competition amongst teams helps with employee engagement and employee participation.

Encourage creativity: Creativity does not have to be based on the work that the employees are doing. It could be simple task like giving ideas on the next company retreat or team building exercises.

“An employee’s motivation is direct result of the some of interactions with his or her manager.”

Encourage team work: Try to remove any bureaucracy and hierarchy within the company and create an ‘openness’ to new ideas at any level and working together as a team keeps employees motivated.

Welcome all ideas: Everyone is unique and unpredictable and each with individual desires and some with complicated ideas. Remember not to shunt away ideas or suggestions no matter how silly or meaningless they may sound.

Have a meaningful and worthwhile goal: Managers should ensure that the company has a vision and plan at a corporate and individual level. Employees who have a path set before them that may lead to promotion can work towards a goal. Achievable goals are very helpful as it gives employees the drive to work harder without being asked.

Be a leader worth following: As a leader, employees are going to look to you to set an example for the rest of the group. Leaders tend to be setting a tone and values for the company. By doing so, it could have a meaningful effect on the mentality of the employees. If leaders set an example of positive thinking, employees will follow and the entire work culture will become more motivating.

Thede are the ways which make an employee to be motivated and satisfied with their job at workplace. And gives a good result or outcome to the organisation. And it make effective employee and more productivity.

Every company is different; some of these ideas may work for your company, while other methods are not the right ones. Perfect your motivation strategy as you get to know the individuals in your company and they will reward you with greater dedication and a positive perspective for the company’s future. Do not forget that an employee who enjoys coming to work is a worthy investment. Try boosting your team happiness as well .