PM Narendra Modi to inaugurate Rashtriya Swachhata Kendra today

Prime Minister Narendra Modi will inaugurate Rashtriya Swachhata Kendra, an interactive experience centre on the Swachh Bharat Mission today. A tribute to Mahatma Gandhi, the Rashtriya Swachhata Kendra was first announced by the Prime Minister on 10th April 2017, on the occasion of the centenary celebrations of Gandhiji’s Champaran Satyagraha.
 
AIR Correspondent reports that the visitors will experience a unique 360 degree audio visual immersive show, which will narrate India’s Swachhata Story – a journey into the largest behaviour change campaign in the history of the world. The Swachh Bharat Mission has transformed rural sanitation in the country and has changed the behaviour of over 55 crore people from open defecation to using a toilet. The installations at Rashtriya Swachhata Kendra will introduce future generations to the successful journey of world’s largest behavioural change campaign, the Swachh Bharat Mission.
 
A balanced mix of digital and outdoor installations in the Kendra will impart information, awareness and education on Swachhata and related aspects. Prime Minister will also interact with 36 school students from Delhi, representing the 36 States and Union Territories, adhering to social distancing protocols. 

Centre asks States, UTs to conduct Corona test of all grocery shop workers, street vendors to control pandemic

Health Ministry has asked states and UTs to take up coronavirus testing of grocery shop workers, vegetable and other vendors. It stated that if undetected, grocery workers can potentially spread the infection to a large number of people. In a letter to states and UTs, Secretary, Health Ministry, Rajesh Bhushan also stressed the need for operationalising ambulance transport system with oxygen facility and quick response mechanism. He underlined that refusal rate of ambulances must be monitored at a daily basis and brought down to zero.
 
With the COVID-19 pandemic now spreading to newer areas in the country, Mr Bhushan said there are likely to be scattered cases, cluster of cases or large outbreaks in districts. He said the primary aim is to control outbreaks especially in new locations and to save lives at all cost. He said the aim should be to further reduce mortality and ensure that it does not cross the 1 per cent mark.
 
The Secretary pointed out that early detection of cases through aggressive testing, prompt isolation or admission in a healthcare facility and ensuring proper clinical management are major components of mortality reduction. He stressed on enhanced surveillance for influenza like illness, and severe acute respiratory illness as their symptoms are mostly the same as COVID.
 
Once a positive case is identified, a prompt contact-tracing should be undertaken and at least 80 per cent of the contacts must be identified and quarantined within 72 hours. He said there can be potential hotspots for spread of infection like industrial clusters with closed work environment, people coming from high prevalence areas, other high density areas such as slums, prisons, and old age homes.
 
He also asked states and UTs to undertake weekly death audits to assess the determinants of death such as age differentials, comorbidities, late reporting to hospital and clinical protocols that were followed. This will help identify challenges to be addressed and will facilitate effective case reporting and ensure timely and required medical interventions. In the letter, Bhushan also said that a regular house-to-house search must be done periodically to identify those who are at high-risk that is the elderly, people with comorbidities and pregnant women among others.

Atleast 18 people killed in plane crash at Kozhikode airport in Kerala

At least 18 people, including two pilots died when an Air India Express aircraft from Dubai crashed after overshooting the runway in Kozhikode last night. 162 people have been injured. 15 of them are in serious condition. Rescue operations at the site have been completed and all injured persons have been admitted to hospitals in Malappuram and Kozhikode. There were 191 people including 10 infants, 2 pilots and 5 cabin crew onboard the aircraft.
 
DGCA said, the Dubai-Kozhikode Air India Express flight fell 35 feet from the hilltop runway after landing at Karipur Airport and broke down in two pieces. While the two pilots are among the dead, four-cabin crew members on board the aircraft are safe. It is believed that heavy rains in Kerala could be one of the reasons behind the mishap. Civil Aviation Minister Hardeep Singh Puri said, two investigation teams of professionals from Air India, Airports Authority of India and Aircraft Accident Investigation Bureau have been rushed to Kozhikode.
 
President Ram Nath Kovind spoke to Kerala Governor Arif Mohammed Khan and inquired about the situation. Expressed deep distress, he said his thoughts & prayers are with affected passengers, crew members & their families. Vice President Venkaiah Naidu has expressed deep anguish at the loss of  lives in the tragic air mishap at Kozhikode airport. In a tweet, Mr Naidu extended condolences to the families who lost their dear ones in the crash and hoped for the speedy recovery of the injured.
 
Prime Minister Narendra Modi spoke to Kerala Chief Minister Pinarayi Vijayan and inquired about the situation. Expressing pain over the accident, Mr Modi said, his thoughts are with those who lost their loved ones. Prime Minister also wished speedy recovery to those injured. Home Minister Amit Shah said he is distressed to learn about the tragic accident. In a tweet, he said, NDRF was instructed to reach the site and assist in rescue operations.
 
External Affairs Minister S Jaishankar, MoS External Affairs V Muraleedharan and BJP MP KJ Alphons also expressed deep distress over the accident. Union Health Minister Dr Harsh Vardhan spoke to Kerala Health Minister KK Shailaja regarding rescue and medical support for those injured in the air crash. Dr Harsh Vardhan assured her of maximum support from the centre for those who are being treated at various city hospitals.

External Affairs Ministry has issued helpline numbers. These are 1800 118 797; 91 11 23012113; 91 11 23014104; 91 11 23017905. Indian Consulate in Dubai’s helpline number is 97142079444. Helpline issued by Mallapuram district administration are 8330052468 and 04832719493.

Assertiveness

 Assertiveness is a skill for effective communication and negotiation while respecting the thoughts and feelings of others. Assertive people are clear about their wants, needs, and boundaries to others and there remains no question to where they stand. Being assertive means being able to stand up for what is right, and to say no to something that does not pleases in a confident, calm, and respectful way which is neither too aggressive nor passive. It is an important personal and interpersonal skill as in all our interactions being assertive helps us to express ourselves in a clear, open, and reasonable way, without undermining our own or other’s rights.

An aggressive communication can ruin relationships for us because no one likes to be in the company of a person who constantly judges, argues, disagrees, and does not allow others to share their opinion. While a passive communication may lead to us feeling misunderstood or unheard and we may also feel that no one truly listens to us or value our input. However an assertive communication is way to present our thoughts and beliefs in a clear manner. Assertiveness is seen as a balance between aggressive and passive types of personalities.

Assertive behaviour includes –

  • Being open in expressing wishes and encouraging others to do the same
  • Listening to the views of others and responding appropriately, whether in agreement with those views or not
  • Accepting responsibilities and being able to delegate to others
  • Regularly expressing appreciation of others for what they have done or are doing
  • Being able to admit to mistakes and apologise
  • Maintaining self control
  • Behaving as an equal to others

BENEFITS OF BEING ASSERTIVE

  • Assertive people feel empowered to do whatever it takes to find the best solutions for their problems that they face.
  • They get things done by treating people with fairness and respect and are treated by others in the same way.
  • They are self assured and don’t feel threatened or upset when things don’t go as planned or as expected.
  • They are able to recognize the value of their opponent’s position and can quickly find common ground with them.
  • They are able to express themselves in a better and calm way which makes the communication effective.
  • They are confident enough to show that they are brave enough to stand up for what the resonate with as well as are in control of what they say.
  • Trust is an important part for any communication to take place and being an assertive person helps to you get their easily. 

 

Vishakha Guidelines

 In the year 1997, Indian women celebrated a landmark judgment which was passed by the supreme court of India where they formulated the VISHAKHA GUIDELINES and made it mandatory for the institutions all over the country to take up these guidelines to prevent and redress sexual harassment at workplace. These guidelines laid the foundation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Women in India comprise of almost 50% of the population of India and work in almost all the sectors and areas, even in those professions which were believed to be exclusively reserved for men and women never even thought to enter those.

This change was followed by a series of incidents where women were raped and harassed by men, and were subjected to a lot of physical and mental torture at the workplaces. This was a violation of the fundamental rights of the women such as art 14 i.e. right to equality, art 15and 16 which states that there shall be no discrimination on the basis of gender, caste, religion etc. and equality of opportunity respectively. Thus there was a necessity for the women to be treated properly at their workplace. The Vishakha Guidelines came into existence after the horrifying case of Bhanwari Devi, a government employee who was harassed by a group of people at her working hours.

FACTS OF THE CASE

Bhanwari Devi was a social worker in Rajasthan, who was brutally raped by a number of upper class men as she tried to stop a child marriage. She filed a complaint against those men but was not taken seriously by the policemen and it took 52 hours to file the complaint. The Rajasthan High Court acquitted all those men of rape on the context that a woman cannot be raped in front her husband and that the head of the village would never indulge in such acts. They convicted those men for the offence of assault, the degree for punishment of which is quite lesser than that of rape. In her support, many women’s groups and NGOs filed a PIL in the Supreme Court under the collective platform of Vishakha asking the court to give certain directions regarding the sexual harassment against women at the workplace. On 13th august 1997, the Supreme Court gave the Vishakha Guidelines which included the basic definition of sexual harassment at workplace and guidelines to deal with it.

NEED FOR THESE GUIDELINES

After the Bhanwari Devi incident, many women groups protested as they demanded recognition of their rights as the citizens of India and urging the government to take necessary actions to prevent harassment of women at their workplace. At that time, the legal system of our country did not have proper legislation that would ensure the safety of the women at their workplace or provide just and fair punishment to the offenders who would indulge in the heinous crimes of rape and sexual harassment. Also there was no rule regarding the obligation of the employer to provide support and assistance to his employee who might be a victim of harassment rather they would just throw the employee out of their jobs in order to escape the liability. Thus there was a need for a new set of laws that would punish the wrongdoers and ensure the safety of the women at their workplaces.

FEATURES OF THE VISHAKHA GUIDELINES

  1. Definition of sexual harassment– the guidelines issued by the supreme court widens the meaning and scope of sexual harassment and defines it as an unwanted sexual determination which is direct or implied and is intended to cause physical contact or advances, demand or request for sexual favors, sexually colored remarks, or any other unwelcome conduct whether it is physical, verbal, or non verbal.
  2. Providing a safer working environment– it is the duty of each employer to provide a safe working environment for each and every employee working in the company, which involves taking measures towards protecting the interest of the women employees and ensuring that none of the employees indulge in any practice of sexual harassment.
  3. Duty of the employer– the guidelines lay down that it is the obligation of the employer to file a complaint if the conduct of any of its employee amounts to a criminal offence which is punishable under the Indian Penal Code.
  4. Complaint Redressal Committee– it was made mandatory for all the organization to set up a complaint redressal committee in order to ensure that the complaints of the employees are dealt properly and suitable action is taken.

Cyberchondria

 Mental health has always been an under-rated topic in India. People don’t like the idea of talking about their mental illness let alone the mental illness of others. However, it is one of the most important parts of any individual’s live because if someone suffers from a mental illness, an impact is caused on their day-to-day working. Mental illness is a health condition that affects the emotions, thinking, or behaviour of a person. It is associated with distress or problems related to the functioning in social, work, or a family set-up. Sometimes mental illnesses can run in the family and can pass on from genes to the future generations.

One such mental illness is Cyberchondria. The term was first coined in 2001in an article in the United Kingdom newspaper to describe ‘the excessive use of the internet health sites to fuel health anxiety. Cyberchondria refers to a person’s anxiety regarding their health which is created by the use of internet to search for medical information. It is believed to affect more as the use of internet among people has been increased a lot. Many people with the access to internet turn to it for their self diagnosis as a vast of amount of information is available with only a few clicks. For some the information may be true and relatable but for others it can cause severe anxiety as the information they find online can get them to worry too much.

CAUSES OF CYBERCHONDRIA

It is likely for people with pre-existing anxiety and depression to experience Cyberchondria. There is an enormous amount of information available online however it is not always true or factual. Blogs or online support groups provide information about any disease or any other topic based on other people’s experiences which may not be fit for all. Many websites prey on the fears of the people to deliberately sell them unapproved treatment and earn loads of money. New mothers may also Google about their new babies and find information that can be stressing making them prone to this disease.

These are the factors that convince people that they suffer from some disease based on the common or vague symptoms. Sometimes such symptoms can be of some normal flu but the internet and provide an exaggerated result due to which people get anxious. People who suffer from Cyberchondria are known to be hyper aware of their bodies and the misinformation can increase their anxiety which can make their symptoms worse.

COPING WITH CYBERCHONDRIA

There are some simple steps that people with Cyberchondria may use to cope up with the illness like the first being to restrict the use of internet and avoiding it to search information regarding your health problems or to only look for information from trusted sites that provide data which is scientifically and medically approved. Also it is important to lead a healthy lifestyle which includes proper sleep, regular exercise, good nutrition, and other things for good health; one can also schedule a routinely checkup with their doctor and if they face symptoms that linger on for a few days, then they should go and seek help from a doctor rather than going to internet and performing a self diagnosis as a doctor is a more reliable source than internet.

Aerial-Seeding to induce green cover in the Aravallis

By Udbhav Bhargava

The Haryana Forest Department has employed aerial seeding technique to improve green cover in the Aravalli area of Faridabad. It is approximately 800 km in length.

WHAT IS AERIAL SEEDING?  

A technique of planting in which seed balls — seeds covered with a mixture of clay, compost, char and other components, sprayed using aerial devices, including planes, helicopters or drones. These seed balls / pellets are spread by low-flying drones in a targeted area, with the coating providing the necessary weight for seeds to airdrop at a predetermined position instead of being dissuaded by the wind. These pellets germinate when there is sufficient rain, with nutrients present in them helping in the initial growth.

ADVANTAGES

Areas that are inaccessible, have steep slopes or no forest paths, this approach can be used to target areas. The seed germination and growth process is such that after it is dispersed it requires no attention — the reason seed pellets are known as the “fire and forget” way of planting. They remove the need to plug and dig holes in the soil, and do not need to be planted as they are already surrounded by water, nutrients and microorganisms. They are also covered by the clay shell against birds, bees, and rats.

WHAT KIND OF SPECIES CAN BE DISPERSED?  

Those native to the region and hardy, with seeds of a suitable size for preparing seedballs, with a higher percentage of survival. Officials say it’s crucial the seeding timing is right. These will be dispersed in Faridabad using “seeding drones” developed by a startup that was incubated at IIT-Kanpur. It is equipped with a “precise delivery mechanism” for seeds of various sizes which drops from a height of 25 to 50 meters at predetermined intervals. A single drone can plant 20,000-30,000 seeds per day, officials said.  Areas that are inaccessible, have steep slopes or no forest paths, this approach can be used to target areas. The seed germination and growth process is such that after it is dispersed it requires no attention — the reason seed pellets are known as the “fire and forget” way of planting. The method of plantation is being implemented on 100 acres of land during the pilot phase “to test efficacy of the seed dispersal mechanism and review the success rate”. It was implemented earlier in July, in Yamunanagar and Mahendragarh. It will also give the local community work opportunities, especially women, who can prepare the seed balls. The species to be planted in the Aravalli regions include Acacia senegal (Khairi), Ziziphus mauritiana (Beri), and Holarrhena spp (Inderjo), all of which have a greater chance of survival in these areas. Officials said grass seeds “site specific” will also be added to the mix, as they serve as good soil binders.

WHAT ARE THE SURVIVAL CHANGES?

The drones scatter 5,000 seeds per hectare. In this type of plantation, the survival rate tends to be low, less than 50%. Therefore, the point of planting such a high quantity is that we will have 1,000 trees, even though the survival rate is 20 percent.

Covid-19 and Indian FinTech sector

By Udbhav Bhargava

Covid-19 is nothing short of a pivotal point for Indian fintech industry. The fear of contracting the virus forced people to take contactless payment methods, which led to the soaring digital transactions

WHAT ARE FINTECH COMPANIES?  

Financial Technology (FinTech) defines the emerging intersection of finance and technology services. So Financial Technology (Fintech) is used to describe new tech that seeks to enhance and automate financial services delivery and utilization.

Payment apps have seen the number of new users and merchants on their sites grow. In the past three months, Unified Payments System (UPI), Immediate Payment Service (IMPS), Bharat Interface for Money (BHIM) transactions were also shooting through the roof.

HOW MUCH IS THE GROWTH IN DIGITAL TRANSACTIONS?  

According to data from India’s National Payments Corporation (NPCI), the sum transacted via UPI in July 2020 was around 2,90,537.86 crores, the highest transaction volume ever, the most since the interface was launched was 149.73 crores. The sum transacted through BHIM was approximately 6,395.75 crores, the most since this year in February. In July, IMPS recorded the highest record of transactions amounting to some 2,25,775.24 crores. The volume of card and mobile payments at Rs 10.57 lakh crore surpassed ATM withdrawals in the fourth quarter of 2019, which amounted to Rs 9.12 lakh crore for the first time

WHAT IT INDICATES?  

Those figures suggest that digital payments are gradually beginning to make Indian consumers more relaxed. Last year investments in the fintech industry soared. With this increased acceptance and preference over the past three months for contactless payment methods, one would think that fintech funding would reach new heights as well. BUT, contrary to expectations, the funding that went into the fintech start-up space in Q2 2020 was the lowest in the past nine quarters — in the April-June quarter of this year only $184 million was invested. Fintech start-up investments.

REASON FOR DECLINE  

The NBFC sector is witnessing several liquidity constraints, overall credit disbursements, some of which were also affected by those facilitated by fintech companies. Payment fintech is a competitive segment; it operates on thin margins and is under relentless strain. Unlike most industries, VCs have opted to wait to see how companies are weathering the COVID storm like (in) fintech (space). The COVID scenario is altogether a new experience for the Indian FinTech segment.

TS ECET 2020

The telangana state government is planning to conduct entrance exams for engineering, tomorrow i.e.,08-08-2020 is planning to conduct event with education minister regarding conducting of exams

The state government has agreed with the decision of exams only after high court order which is going to be held on Monday

The academic year is going to start from 15 th October after entrance exams

Covid-19 Impact on Indian Economy

Year of 2020 had been an omen for the entire world and India is no exception to dodge from this curse. Unemployment rose from 6.7% on 15 March to 26% on 19 April and then back down to pre-lockdown levels by mid-June. During the lockdown, an estimated 14 crore (140 million) people lost employment while salaries were cut for many others. More than 45% of households across the nation have reported an income drop as compared to the previous year. The Indian economy was expected to lose over ₹32,000 crore (US$4.5 billion) every day during the first 21-days of complete lockdown, which was declared following the corona virus outbreak. Under complete lockdown, less than a quarter of India’s $2.8 trillion economic movement was functional. Up to 53% of businesses in the country were projected to be significantly affected. Supply chains have been put under stress with the lockdown restrictions in place; initially, there was a lack of clarity in streamlining what an “essential” is and what is not. Those in the informal sectors and daily wage groups have been at the most risk. A large number of farmers around the country who grow perishables also faced uncertainty.

The Government of India announced a variety of measures to tackle the situation, from food security and extra funds for healthcare and for the states, to sector related incentives and tax deadline extensions. On 26 March a number of economic relief measures for the poor were announced totalling over ₹170,000 Cr. The next day the Reserve Bank of India also announced a number of measures which would make available ₹374,000 Cr. to the country’s financial system. The World Bank and Asian Development Bank approved support to India to tackle the coronavirus pandemic.

Businesses across the world namely hospitality, entertainment, aviation etc have seen a major negative impact. Various sports events such as IPL and Olympics have been postponed. Schools and colleges have been closed. The virus has also disrupted the functioning of various online giants such as Amazon. Countries such as USA, Italy and Spain are suffering the most since their death toll is very high. Factories, Restaurants, Pubs, Markets, Flights, Super Markets, Malls, Universities and Colleges etc. were shut down. Fear of corona virus has limited the movement of the individuals. People were not even going to buy the daily essentials and these all were somewhere impacting the economy of the world as a whole. The Organization for Economic Co-operation and Development (OECD)reveals that they have cut their expectation for global growth to 2.4% from 2.9%, and warns that it could fall as low as 1.5%.

India faces a huge decline in government revenues and growth of the income for at least two quarters as the coronavirus hits economic activity of the country as a whole. A fall in investor sentiment impacts privatization plans, government and industry. The lockdown in India will have a sizeable impact on the economy mainly on consumption which is the biggest component of GDP. India’s total electronic imports is equal to 45% that of China. Around 1/3rd of machinery and almost 2/5th of organic chemicals that India purchases come from China. For automotive parts and fertilisers China’s share in India’s import is more than 25%. Around 65 to 70% of active pharmaceutical ingredients and around 90% of certain mobile phones come from China to India.

On the upside, better news on vaccines and treatments, and additional policy support can lead to a quicker resumption of economic activity. On the downside, further waves of infections can reverse increased mobility and spending, and rapidly tighten financial conditions, triggering debt distress. The Geopolitical and trade tensions could damage fragile global relationships at a time when trade is projected to collapse by around 12 per cent.

Believe

If you can’t do it atleast have a hope. Don’t get disappointed because that makes you go into deep depression. Take a moment to analyse yourself. Take a deep breath and have a moment to revise what gone wrong.

If you didn’t get what you want then definitely something more is waiting for you. You have to wait for the moment and be patient till then. You never know what’s next. If you know what’s gonna happen then life becomes so boring. Be brave enough to accept the failure. Success don’t teach you because failure make you think in all possible ways.

Believe in you and there will be some power deep inside which pushes you to do something that you never thought of doing. Believe while you live and make it worth.

Understanding Strict Liability

In tort, the liability of a person generally emanates from his negligence and therefore, if the person can be proved negligent then he is held liable. But this general principle of liability does not apply to any person who keeps hazardous substances in his premises or involves in hazardous activities. In that case, the person is invariably liable for the consequences of that act irrespective of the fact whether he was negligent or not. Such a principle is an exception to the general rule of “liability for fault”, it is called “Strict liability”. The principle was first laid down in Rylands v Fletcher and the exceptions to this rule are Plaintiff’s fault, Act of God or Act of the third party. The rule of absolute liability, on the other hand, is often defined as the rule of strict liability minus the exceptions of strict liability. According to this rule, if a person is involved in any hazardous activity and any person due to any accident which occurred during the carrying out of the hazardous activity is harmed, then person carrying out such activity will be held absolutely liable. In India, this rule evolved in the case of MC Mehta v Union of India. Under these acts, the liable person may be not have been involved in the act but will still be held responsible for the damage caused due to the acts.

Strict liability was established through the case of Rylands v Fletcher[1].

In the case, the defendant(Fletcher) was an owner of a mill in Answorth. He wanted to improve water supply for his mill therefore, he employed the services of independent competent Engineers to construct a reservoir. In course of excavation work they notices some old shafts and passages to defendant’s land but did not block them. When the water was filled in the reservoir it ran through the porus shafts and flooded the plaintiff’s (Rylands) coal mines on the adjoining land. The defendant did not know about the shafts nor was he told about them by the qualified Engineers who constructed the reservoir.[2]The plaintiff sued the defendant.

The issues raised were whether the defendant can be held at risk, regardless of the fact that the act of another person led to an element get away in the plaintiff’s territory? It was exceptional that there was no carelessness or expectation on part of the defendant.

The court held that the supplication of the defendant was dismissed, and he was held at liable for all the damages in Ryland’s mine. A rule was set in this case which states that, if a man keepers in his territory any hazardous thing, he will be at first sight held liable if it escapes and harms even if he was not careless in keeping it there. Regardless that the defendant had no blame or carelessness, he was held liable since he kept some unsafe thing on his territory and the said thing has gotten away from his property and caused harm.

There are certain qualifications which are required to decide whether a liability should be strict liability or not. It is only after these qualifications are satisfied can a liability be termed as “strict liability”. These qualifications include:

  1. Dangerous thing : This essentially implies that the defendant will be at risk when the thing got away from his territory was a dangerous thing. The word “dangerous” , in the context, implies that the thing can probably do any kind of mischief when it escapes.
  2. Escape : This essentially implies that the thing causing harm should escape from the territory of the defendant, and it should not be within the reach of the defendant once it escapes.
  3. Non-natural use of land : This essentially implies that for the use to be non-natural, it must be some special use that brings with it increased danger to others. It must not be ordinary use of land or use as is proper for the benefit of community.

Strict liability also includes certain exceptions in Strict Liability which are as follows:

  1. Plaintiff’s fault : If the plaintiff has any blame or any damage is caused then the defendant would not be held liable, as the plaintiff himself interacted with the dangerous thing.
  2. Act of God : This expression can be characterized as an occasion which is not under the ability to control of any human. Such acts happen solely because of characteristic reasons and cannot be anticipated even while practicing alert. The defendant, then, would not be held liable for the misfortune if the dangerous thing got away in the view of some unexpected and common occasion which could not have been controlled in any way.
  3. The Act of Third Party : This rule additionally does not make a difference when the damage is caused by a third party i.e an outsider. The outsider implies that the individual is neither a servant of the defendant, nor the defendant has any sort of agreement with him or control over their work. But in cases, where the act of the third party could have been taken care of by the defendant, he must take care. Else, he will be considered liable.
  4. Consent of the Plaintiff : This special case take the guideline of the maxim “volenti fit injuria”. Suppose if A and B are neighbors, and they share similar water source at the place of A, and if the water escapes and makes harm to B, he cannot claim damages, as A wouldn’t be obligated for the dam.

Thus, for tortious liability, whether the wrongful act was done intentionally, unintentionally or maliciously is generally immaterial as the main consideration in deciding these cases is whether the act complained by the plaintiff constitutes violation of any of his legal right. If it constitutes an infringement of the plaintiff’s legal right then the plaintiff will succeed and held to recover damages from the defendant but if there is no infringement then the case will be dismissed. The non-liability of defendant is also an indication that the alleged violation of right against the defendant has no legal existence.

[1] Rylands v Fletcher, 330 UKHL 1 (1868)

[2] N.V Paranjape , Law of torts and Consumer protection Law and Compensation under Motor vehicles Act, Central Law Pusblisher,ed.1

Globalisation- The Challenges and opportunities it poses to Business ethics.


“Globalisation is process by which events, decisions, and activities in one part of the world come to have significant consequences for individuals and communities in quite distant parts of the globe”. It refers to a deviation to a more unified, interdependent, consolidated and reciprocal, complementary shift in the world economy. In the past few decades globalization has become the buzz word and the focal point for most global companies. With the advent of globalisation various barriers in the business environment has been demolished with an establishment of direct contact with every part of the world which has resulted in the free flow of goods and services since the World War II with dramatic technological changes and development. This development has resulted in changes in life and living status of people, culture enhancement, easier penetration into markets, better communication, quicker flow of money and information, faster travel, global availability of any goods and services and enormous opportunities for the business and economy. With these advancements issues are raised on how companies will gain competitive advantage. Global brands gain the competitive advantage by being ethical. Though many believe that ethics and business cannot go hand in hand one cannot deny the fact that it is an important element of their strategic business goals taking the primary role in an vision and mission statement of any company. As William C Butcher, Retired chairman , Chase Manhattan Corporation puts it, ” “Ethical decision-making isn’t an option today. It’s an obligation-in business, in education, in government, in our daily lives” . Though every company strives to be ethical, the business industry has faced a plethora of unethical acts such as duplication of products, discrimination, child labor, money laundering, cyber crimes, sexual harassment in workplace, environment damages, stealing parents etc. Therefore many companies now have committed themselves to follow business ethics in order to gain competitive advantage, goodwill and a stand in the world of business.

Ethics helps in drawing the line between right and wrong with by imbibing certain principles, values and beliefs which fall into three categories : code and compliance, values and social outreach and it includes respecting differences culturally, honest communication and trust when posed globally.

Challenges /Threats :
A threat to enlightened self interest :
A major threat that globalization poses to ethics is going against the concept of enlightened self-interest. Enlightened self interest is a philosophy in ethics that states that a person or organization that acts to further the interest of others ultimately serve their own self interest which is simply put as “do well by doing good ” or “do unto others what you would want to do unto yourself “. But what globalization poses as a threat is the unenlightened self interest in other words selfishness or greed. Individuals might profit in the material sense by it but the commons are bound to suffer. Greenwashing is one such example of this unenlightened self interest which global companies follow with “Green” becoming one of the pressing words as the demand for green practices with companies striving to appear more sustainable than they actually are in practice for which they inevitably opt for the easy out by using green washing through marketing and advertisements by misleading consumers regarding the environmental practices of a company in order to appear environmentally responsible. H&M has been one such brand promoting greenwashing with its clothing made of sustainablly sourced material and in-store recycle bins where customers drop off their clothes and get coupons instead which is an ethical jumble since all this might seem like they are being “environmentally friendly ” but what they are actually doing is blurring the line between green and greed since giving more coupons is only going to encourage people to buy more clothes which accounts to profitability for the company but pollution to the environment.

A threat to the legal framework :
The world is a unified market and nations and states and there is a stimulation in the growth of the global economy with the increasing international trade and foreign direct investment (FDI). But liberalisation was also imposed on less developed countries who were unprepared to compete at the international market. As a result, the expected growth did not occur and even if it did, it did not bring benefits to all. Unfair tax regime has been imposed internationally which promote western standards which has led to the increase in inequality among the countries. Therefore only the international corporations are the beneficiaries of globalisation. This poses a disruption of ethics since globalisation not only promotes capitalism as a global system but empowers their role as political actors which ultimately implies “a going beyond the borders of state-nations, or even being above them”.
The government’s power is limited only to its boundaries and when economy transactions and connections is extended beyond regional territories, the more the business is prone to escape the control of the national government. A country tends to have a very different legal framework when it leaves it’s home country which gives the position to the managers when deciding on the right or wrong of any business practice. Business ethics begins where the law ends. A behaviour which is considered ethical in one country may not necessarily be ethical in another country. This also poses an issue in cultural differences. For example, The United States considers child labour as unethical but it is quite common in the Asian countries though there are laws that prohibit it. In the same way in China it is unethical to sack employees when faced with downturns but it is quite common in European countries. Therefore globalisation also poses a threat to the legal framework, for example in the above case, an US company might choose to enforce child labour while establishing a business in Asian countries and an European company might sack employees if needed so. Laws are just codified ethics but not all that is considered ethical becomes a law. Therefore this is threat to ethics in globalisation considering the fact that there is always a choice to decide to be ethical or not. For example, Nike products are produced majorly in the south east Asian countries and despite the enormous profits the company makes, these employees are paid low wages with long working hours. The sum of wages of 20,000 workers annual income ois equal to the amount paid to one of its celebrity promoters. Manufacturing outside home country is not unethical but paying substandard wages (which is considered unethical in the home country) is something that poses a threat to the legal framework and this is where corporate leadership plays a very important role. Other such threats include exploitation of workers, unhealthy labour practices, exploitation of tax loopholes, unethical financial processes etc.


Opportunities :
Ethics and corporate leadership :
Leadership works as a lever that is designed to support ethical conduct .Globalization poses a lot of dangers that require a leadership which is above all collaborative. There will be a destructive impact on the society if the leadership does not adapt to the changing environment created by globalization. Therefore, the role of corporate leadership is to strike a balance between the opportunities and the challenges that globalization extends by providing the type of ethical values that has its focus on addressing the pressing problems.
Ethics can help protect the society even before any law can because the development in technology is rapid and it is impossible for the government to regulate policies in the same pace. But corporate leaders and the corporate world know well in advance of the dangers in any technology therefore in a place where law fails ethics can play a major role. Therefore globalization provides this platform for the leaders in the corporate world to act ethical and protect even before the danger can occur. For eg, a firm managed by an ethical leader will take measures to prevent child labour or pollution even before any law can be regulated. Further more .A corporation is generally influenced by its leaders who are the primary promoters of ethical conduct Leaders. The leaders are responsible for the the code or conduct of the behavior of its employees and are responsible for the norms and codes of conduct that guide employees’ behaviour. This helps prevent hawking poor quality products and makes them compliant with the laws and statutes and develops their concern for the global communities.
Stakeholder vs shareholder :
A debate has always been a part of ethics concerning the shareholder and the stockholder viewpoints. According to the stakeholder a business has various duties towards the society, environmentally and socially in which it carries out its operation. On the other hand the shareholder view, the primary duty of a business is profit which are a part of its legal obligations to increase the wealth of a shareholder though the employer has his contractual duty towards his employees. A stakeholder business is a moral obligation whereas the shareholder model is a legal obligation. This can invariably pose a threat or provide an opportunity to business ethics. If a company chooses to follow the shareholder theory which enhances short term perspectives, then the company might pose a threat in case of ethics since most scandals and mishandling in an organization is caused by these short term perspective. For example, Adelphia communication which invented subscribers or Enron where the losses and debts where hidden in subsidiaries. But a stakeholder model adopts long term perspectives which does not just limit itself to the shareholder value of the company but also goes beyond and takes the value of the stakeholder into account. This is more relevant than the shareholder model since globalisation creates an atmosphere where both direct( like subsidaries in various locations) and indirect (eg, for raw materials) interactions are global, and beyond cultures and societies. An ethical company will help it’s stakeholders have a part in its success. For example, globalization will provide enormous opportunities for employees where they can integrate their goal and the company’s goal, globalization also provides variety of things for the customers to choose from ,suppliers to produce quality goods and services and to have ethical interaction with their customers etc. Therefore globalization can create a threat if the organization chooses to only follow the shareholder theory but a company to succeed in a global market it ought to act economical, ethical and social.

Professor Thomas Piper, an architect of the business ethics program at Harvard says
“Our emphasis is on a three-lens model: an economic imperative; a legal/regulatory imperative that connects to public policy concerns; and an ethical imperative”.
We believe that each lens is very important; no one lens is sufficient.” Therefore what can be understood is that globalization gives the privilege to the business organisations to choose between a threat or an opportunity and it does not pose any threat or opportunity by itself. It all depends on how ethical an organization and it’s leader is. It is in their hands to either change an opportunity into a threat or a threat into an opportunity.

Tips to combat problems due to increase in screen time

Now that most of the people are working from home, their dependence on mobile and laptop has significantly increased. This is adversely affecting our physical and mental health. Some of the ill effects are dry eye, redness in the eyes, irritation in the eyes, blur visibility and headache. Sometimes even pain in ears due to long usage of headphones. This effects our ability to hear.

Some of the ways you can take care of yourself are

•take your eyes off your screen every 20 minutes. This helps relieve the nerves of your eyes.

•to avoid unnecessary stress make sure to blink your eyes consistently.

•whenever your eyes feel tired wash them with cold water.

•make sure the brightness of your phone or laptop is in oneness to the brightness in your room.

•you can do some exercises like you can look left right up down and repeat it.

•use table and chair whenever working so that your posture is proper and you maintain a sufficient distance from your screen.

•eat healthy food and make sure to you take sufficient rest. Include fruits such as mausambi, dry fruits and vegetables which have sufficient Vitamin-C, in your diet.

•you can also practice yog or do some exercises like Surya namaskar, taadaasan and anulom-vilom to calm yourself.

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The New Normal

The pandemic of Covid-19 has greatly affected not only the health of the people but also their lives. There is a daily increase in the cases of patients who are being infected by the virus along with the rise in the recovered patients. There has also been an impact on the economy of the country as businesses have been shut, and people are facing unemployment. The living standard of the people has also seen quite a change as people are now opting for the lifestyle that is far from luxurious because of the financial crunch they are facing. The pandemic has also taught us the importance of self hygiene as well as hygiene around us. It also made us realise the need to spend the time with our families which we were unable to do with regard to our busy schedules. As there was a lockdown, as a preventive measure against the virus, people had the opportunity to try out new things as well as work on their hobbies.

During the lockdown, proper hand washing techniques as well as keeping a sanitizer handy were the policies adopted and preached by the people. Wearing masks while going out and practicing social distancing were also two important measures that each individual opted for and is abiding by it. However, these measures are something that we should be continuing to use even when the complete lockdown is lifted; as the virus is something that is not going away anytime soon and we need to learn to live with the virus instead of living in the fear of it.

The concepts of work from home as well as online classes were the new methods that companies and schools/colleges opted for so that neither the working nor the education stops. These concepts quickly gained popularity among people as well as have been the preferred method for them. Many schools have even resumed the online classes for the session of 2020-2021 as normal wherein the children are taught the lectures online and are given assignments as homework. Many employees are willing to continue this mode of work as they feel that they are more relaxed while working from home and the environment for work is also easy-going.

Many individuals have inculcated cooking skills in them as they are everyday trying to learn new recipes and sharing them on the social media to inspire others. The people have also learned the importance of home cooked food and the fashion of eating fast food is also seeing a decrease. People are also inclined to learning new things and are enrolling themselves in various online courses, workshops, seminars etc.

Many people are and will be facing a new type of issue i.e. Adjustment Issue. Most of us might be apprehensive to go out due to the fear of virus or many would and are finding it difficult to wear masks or adapting to the new lifestyle. However, they must understand that these measures are for our own benefit and for our protection from the virus. Thus, people must wear masks whenever they go out and must also practice social distancing. They should also maintain personal hygiene by constantly washing hands for 20 seconds and avoid touching any surface when they are out.