Directives for career choices.

  • By Tushar Soni

I had a difficult time choosing a career path in college. Its quite irritating that I didn’t even knew about myself, and when people heard that I didn’t know what i wanted to do for living, they would give me advice. Some would say,”What would you do if you didn’t have to worry about money? Turn that into your career.” Others would say,”Pursue a career where you can make the most money from the least amount of work.”

While both of these statements have value, there is a more thorough way to choose a career based on your passions, values, and abilities.

If you,re confused about which career path to follow, consider these few tips to help you find it.

  1. Focus on your strengths

Prepare a list of positives and negatives of the career option you have chosen. Think about how you can eliminate the negatives of your decision if it seems manageable, or else you can rethink about your career option.

2. Consider Your Hobbies

Before you do anything, consider what your hobbies are and write them down. Also think about why you enjoy these hobbies. If you like a bake, perhaps the reason why you like to create, and a creative career like wedding cake design would be a good fit for you.

Or if you enjoy running, maybe it,s because you like challenging yourself and working hard to achieve a goal. A career that demands and rewards hard work with pay raises, promotions, or commissions could be one to consider.

3. Speak to a Career Counsellor

A conversation with a career counsellor may help clear your mind and point you in the right direction. He or she can also tell you about careers you had no idea even existed.

4. Interview Professionals

If you are interested in several great careers, interview people already working in those fields. Call someone you already know in a field of interest or call local businesses and ask to do a quick phone interview. Most people are happy to discuss their day-to-day activities with a willing listener.

5. Shadow Someone

When you conduct your phone interview, ask if you can shadow someone for a day. That will give you a clear idea of what their day is like. If i hadn’t observed people i never have know about many jobs i would like to do and many jobs i wouldn’t.

6. Take a Class

While taking a class in meteorology may not tell you what it is like to be a meteorologist, you will find out whether or not you enjoy the subject. If you think you may be interested in a particular area, sign up for a class to find out for sure.

Final Word

The more effort you put into your search for the right career, the more you’ll get out of it. Diligently invest your time and effort because change like this rarely easy, but often rewarding.

“Choose a job you love, and you will never have to work a day in your life”.

5 secrets of successful person

When we talk about successful persons nearly all of us think that there must be something secret behind their success. May be we think they work hard but don’t we too work hard if yes then why do most of us think or assume that they are not successful in their life. There are no as such secrets behind success but there are surely some values which if we follow regularly become secrets behind our success. Let us learn about some so called unknown secrets of success.

1.successful people have strong self beiief:

This is the most essential quality to be successful. Such persons do sometimes get caught in self doubt but they witty enough to encounter such things. Instead of over analysing of what things could go wrong they focus on their strenghts. Thus to become successful one must have confidence in themself.

2. To be successful you need not be great all time but must be consistently good:

Yes many times people think that to be successful they must be always great in their work but no it is consistently good performance that makes one successful over the time. If you are great in your work it’s totally ok but being consistently good is must.

3.He who conquers the mind conquers the world:

Mind control is the most important thing to be successful, one must be always focused towards their goal in order to achieve success. Mind is like stearing of the vehicle, in order to reach your destination you must take control of it and keep going in the right path. There will be many distractions in the way but to win you must show strong desire and faith with you controlling the mind not your mind controlling your body.

4.Don’t bother about others, If you are clear in your goal:

This fact is always misunderstood sometimes you have to listen to elders and other experts in your field, because geart people are good listeners. However if you think someone is intentionally teasing you or distracting you from your goal, don’t even bother to reply them.

5.Don’t be arrogant or think yourself superior than others and always have faith in god:

One who is arrogant or over-confident has always risk of being failed. Only the ones who know their limits and are aware of their surroundings succeed. Great people never show-off and always know the importance of god and grateful to others. Don’t forget humans are social beings thus one who gains faith of society becomes successful.
Hope this article can help readers to redefine success in a positive way.

The Dark side of Shein

The Dark side of Shein

Due to the ongoing conflict between India and China, The Indian government banned the use of 59 Chinese app in the country. It included many famous apps like Clubfactory, Shareit, Camscanner, Shein, and many more. The one app which left every Indian fashion lover heartbroken is Shein. Shein is an international B2C fast fashion brand and probably one of the most popular apps among girls across the globe, with their cheap prices and quirky styles, they expanded pretty quickly. The company mainly focuses on women’s wear, but it also offers men’s apparel, children’s clothes, accessories, shoes, bags, and other fashion items. The brand was founded in October 2008, and since then it works on the philosophy that “everyone can enjoy the beauty of fashion”.Its business covers more than 220 countries and regions around the world. 

But do you ever wonder how did they succeed in cutting down their costs so much? The same top that you get for around 1000 rupees in brands like H&M and Zara, are easily available for half the price at Shein. This is due to the kind of fabric they use, most of their clothing items are made up of synthetic fabrics like polyester or nylon which are cheaper when compared to cotton or rayon. You must have heard a lot of people complain about their low quality and accountability but apparently, it’s all worth it when it is cheap. 

 Secondly, Shein and other Chinese fast fashion apps were importing their goods under “samples and gifts” because of which they didn’t have to pay any customs. Hence, cutting down their costs. Even though the GOI passed an amendment to India’s foreign trade policy restricting companies from importing “samples and gifts” duty-free. The aim was to keep companies like Shein from using the provisions to evade tax as they have reportedly been underbilling items to get past customs without having to pay the import duty. 

Fast fashion sites like Shein, club factory, etc are also known to use unethical ways like:-

a.) They do not pay their workers a living wage and often use child labor. The reason your dresses from Shein are so cheap is that the person sewing them isn’t paid enough.


b.) Fast fashion is also greatly harming our environment. 85% of the clothing ends up in landfills every year and makes up 10% of global carbon emissions. Fast fashion is also the 2nd largest consumer of our water supply, and it pollutes rivers with micro plastics.

c.) Sites like Shein tricks you into spending more money. It is designed for you to value quantity over quality and buy more, so even though the clothes are very cheap, you end up spending more. 

d.) They disrespect religions, recently Shein has been seen selling the sacred prayer mat used by Muslims to pray as a doormat. Shein has also been stealing designs from Indian culture and giving them their names. Similarly, certain small designers also came up accusing Shein of stealing their ideas and not giving them any credit. 

Even though the app has been banned by the government there’s no guarantee if the ban will be permanent or not. If not, I would like to encourage people not the shop from sites like Shein and club factory and support local Indian brands which will not only help the Indian economy but also help India to achieve “Aatma Nirbharta”. There are certain alternatives to apps like Shein like thrift stores available on sites like Instagram, local Facebook vendors, and many more Indian brands.    

ASIA’S LARGEST SOLAR PLANT IN MP(INDIA):BIG ACHIEVEMENT & PROUD MOMENT

Prime Minister Narendra Modi will dedicate to the nation Asia’s largest 750 MW Rewa ultra mega solar plant in Madhya Pradesh via video conferencing on July 10, Chief Minister Shivraj Singh Chouhan said in Delhi on Sunday. A state government release also quoted that Chouhan has met Union minister of state for energy R K Singh at his residence in the national capital and urged him to attend the inauguration programme. This is great achievement for India. And proud moment for India, this is going to benefit India in all aspects. This project is very successful and take India at next level of development.

India’s solar capacity addition expected to come down by 15% to 5.5 GW in FY21: ICRA

The ratings agency said that the domestic solar capacity addition in FY20 remained lower by 15 per cent than its previous estimate of about 7.5 GW

India’s domestic solar capacity is expected to add about 5.5 gigawatt (GW) during the financial year 2020-21 (FY21) due to the execution headwinds amid lockdown restrictions post-COVID pandemic, according to ICRA.

The ratings agency said that the domestic solar capacity addition in FY20 remained lower by 15 per cent than its previous estimate of about 7.5 GW as a result of various disruptions caused by the pandemic in the fourth quarter in the fiscal year.

“The solar capacity addition during FY21 is expected to come down further by 15 per cent to about 5.5 GW given the execution headwinds amid lockdown restrictions post COVID pandemic. This also assumes the execution delays by about four to five months for many of the under-construction projects and expected normalcy in construction activity during the second half of the current fiscal,” said Girishkumar Kadam, sector head and vice-president, ICRA.

He added that, however, the backlog of the awarded project pipeline continued to remain strong with more than 15 GW of aggregate project capacity providing a visibility on capacity addition over the next two-year period.

According to ICRA, the supply chain disruptions and lockdown restrictions have added to the woes of the sector which continues to remain plagued by various issues such as delays in land acquisition, receipt of evacuation approvals, regulatory delays in tariff adoption, and obtaining financial closure in a tight financing environment.

“With the dip in demand post-lockdown due to the pandemic, revenues and cash flows of the state-owned distribution utilities have been affected leading to an increase in the counterparty credit risk for the sector,” ICRA said.

It added that receivable cycles from Andhra Pradesh, Telangana, and Tamil Nadu remained severely stretched at 10-12 months impacting the overall liquidity position of developers.

“Further, timely resolution of tariff issue, which is still pending at state electricity regulatory commission and divisional bench of High Court in Andhra Pradesh, for the independent power producers in Andhra Pradesh remains extremely crucial for the renewable energy sector,” said Manasa Gopidi, assistant vice-president, ICRA.

However, ICRA said that the liquidity relief scheme notified in May 2020 for the state-owned distribution utilities has been a positive short-term measure which would benefit the IPPs impacted by the long delays in receiving payments from the discoms.

But, there has been limited progress so far and hence, timely implementation for this scheme remains important, it added.

Alchemist: A Magical Book by Paulo Coelho

Source: Google



This book is a journey of a shepherd boy, Santiago from the Spanish province, who dreams to travel in search of treasure. He travels from home to mountains to deserted land, loses each possession but he keeps traveling to get the treasure which he has dreams of. Ultimately, he reaches his aim, but what he learns throughout the journey is the actual treasure. The boy had a deep attachment to his flock, but he did not want to live a conventional life. He did not want to see a beautiful village from a mount’s view, rather he wanted to experience the village by going through it. He experienced many adventures. He met new people. As the story moves the events get connected impeccably. Santiago’s quest for treasure, soon his lucky encounter with old King who strengthens his beliefs about living his destiny, coming across mishaps and encounter with Fatima, a desert girl; all this leads him to the personal legend that converges the idea of ‘conspiring universe’. A personal legend is a key to living a successful and satisfying life as it is the destiny that one dreams of. He receives assistance from an alchemist who helps him understand his quest for accomplishing his dream. By the time his belief grows, and satisfaction nourishes as he is on the right path. He comes to know “when you want something all the universe conspires in helping you to achieve it”. Story deals with an internal conflict between his love and personal dreams. But this novel ends up showing love as a supporting tool for achieving a dream. True love gives the support to live the dream. According to Coelho dreams have a price but not living your dreams has even a bigger price. The idea of the novel is brilliant. It is a story of ‘us’. The story has been web in such a way that we will start to live our dreams. Our fear of failure has been bruised here. Overcoming this is a great victory as Coelho quoted “tell your heart that the fear of suffering is worse than the suffering itself. And that no heart has ever suffered when it goes in search of dreams because every second of the search is a second encounter with God and with eternity”. In the desert, Santiago comes to realize that he can turn base metals into gold. It may seem overrated to some when alchemist turns to lead into gold. You don’t need to agree with each and everything which Coelho has put into the novel. Instead, your reason and rationale may oppose many things. But one must have the ability to read between the lines. Despite being very unreal it is a beautiful fable that has delighted millions around the world because of its thought-provoking ideas of spirituality and destiny. Santiago while traveling understands the relation between man and nature. The setting of the novel is real, but events are magical.
The book is an asset that will help to be in the ‘never give up’ kind of mental state. The whole book is a thought process, a journey towards maturity. The preface of the book is mesmerizing. The progress of the book is a bit slow. Sometimes, reading ten pages seems like reading a hundred pages. This is a must-read book. The book is full of magical moments in real set up which can be the tool of survival in tough times.

A look at the history of witch hunts

Witch hunt, a phrase often used by politicians whenever accused has become very common these days. A witch hunt often means a persecution of someone through baseless facts and inconclusive evidence. But essentially it refers to the attempt to punish someone whose opinions are unpopular and said to be a danger to society. But the question arises as to how and when did the original witch hunts related to witchcraft started. Contrary to popular belief it wasn’t because of the uneducated masses started accusing those with odd behavior but rather belief in witches, in the sense of wicked people performing harmful magic, had existed in Europe since before the Greeks and Romans. In the early part of the Middle Ages, authorities were largely unconcerned about it. Things began to change in the 12th and 13th centuries, ironically because educated elites in Europe were becoming more sophisticated. Universities were being founded, and scholars in Western Europe began to pore over ancient texts as well as learned writings from the rest of the world, which often gave some sort of complex system of magics as an explanation for day to day phenomenon. Ordinary people – the kind who eventually got accused of being witches – didn’t perform elaborate rites from books. They gathered herbs, brewed potions, maybe said a short spell, as they had for generations. And they did so for all sorts of reasons, such practices were important in a world with only rudimentary forms of medical care.

Photo by Joy Marino on Pexels.com

Christian authorities had previously dismissed this kind of magic as empty superstition. Now they took all magic much more seriously. They began to believe simple spells worked by summoning demons, which meant anyone who performed them secretly worshiped demons. These ideas of common folk engaging in witchcraft really gained traction after the pope gave a friar and a professor of theology called Heinrich Kraemer permission to conduct inquisition in the search of witches in 1485. At first his ideas did not gain traction as the people disapproved of his harsh questioning of respectable citizens and shut down his trials. However undeterred in his supposed quest to rid the world of the devil’s influence Kraemer wrote a book called “Hammer of Witches”. He wrote a lot of ideas which would subsequently be seen practiced in various towns across Europe. His book spurned others to write their own books on the topic and give sermons on the “dangers of witchcraft”. Even though there was no evidence to support any of these claims belief in witchcraft became widespread. A witch hunt often began with a misfortune; a failed harvest, a sick cow, or a stillborn child. Many of the accused were people on the fringes of society, the elderly, the poor or social outcasts but it wasn’t just limited to them, any one could be targeted even children. While religious authorities sanctioned these hunts, it was the local secular government that carried out the detainment and punishment of the witches. Those suspected were tortured rather than questioned, and under these tortures thousands of people falsely confessed to witchcraft and implicated others to save their hides. This was a time where the way repentance rather than justice prevailed in the courts, so even with flimsy evidence a lot of people were persecuted. Punishments varied from a fine to burning at the state, for many of the poor it was always the later. While motivations of witch-hunters varied considerably from jealousy, anger and spite, many genuinely felt they were doing good by rooting out the evil in society. But like even in these troubled times, there were those of sound mind who dissented various scholars, jurists and physicians countered with logic and sense against the mob mentality of the masses and with a rise of strong central governments, witch hunting slowly declined until it disappeared altogether.

Both the onset and the demise of these atrocities came gradually and the potential for similar situations to arise is still there, where authorities use their power to mobilize against false threats, but with reasoned dissent to combat it we as a society can still move forward.

Who should choose the career?

Passing high school is very crucial, at the same time “what to do next?” is even more and more important. College life is the best phase of a student’s life. To enjoy this phase and make it more interesting and comfortable , a child should choose a career wisely.

The world is changing a lot and the dreams of each child change accordingly. Every child in this world should be more greatful to their parents. Parents are the one who suffer a lot of difficulties to bring up their kids. It is the desire of every parent to see their kids well settle in their life and thus they have the right to choose a better career for their children. So, always remember that parents are much more experienced in life than their kids.

There are enormous career opportunities available for students in India. There are huge number of options available other than regular courses. Also, one can take up different major in engineering or medicine. For instance, after completing MBBS one need not go to medical field, one can take up management in health care industry and achieve in a different field. Above all, its very essential to know your interest and take a course you wish. So , find what you like and consider your ambition as well as career accordingly.

Parents can guide their kids about the available career options. The decision should be entirely done by the child, because its the child who is more updated about the latest trends going on around and parents being outdated, they tend to follow old conventional thoughts. Every child in today’s world is unique. To each and every kid God has gifted them with unique talents. Based on scores, a child can never be judged. This is where the parents do their mistake. They presume the future of the child based on their scores and underestimate the potential of the child. Every parent has such kind of feeling, its not that they are dominant over kids, perhaps few may. But most of them knows what is good and bad for kids. At the same if your choice is good and also your parents agreed with it, then no misunderstanding crops in.

Children’s may sometimes land up in choosing wrong path in their career. Even if parents didn’t decide their career choice, they can atleast guide their kids to pick a wise decision in their career. If you choose a career as per your parents wish, which is out of your interest, then you have to face lots of obstacles and pressure. On the other hand , if a child doesn’t like what he is studying, then their parents showed a way to hate themselves. To avoid such circumstanes, choose a career in which you’re interested. Finally, it’s always better that parents as well as their kids should decide together on the career they’re willing to persuade.

2030: What if Corona never went away

It’s the year 2030, half the population of the world has disappeared by the virus. There’s less humans on the street, nature is blooming at its best. The food pyramid has stabilized, surprisingly humans have changed. They have begun to value each other, they have realised the value of time and make the most of it. No form of discrimination is seen anywhere in the world. Everyone has become earthians, it’s a beautiful place. Everyone celebrates festivals by planting trees, feeding the hungry animals and no form of cruelty is visible. Maybe this corona was a blessing to earth, a chance to humans at humanity hope they remember this lesson and continue to love and cherish time.

Everything has a reason so does this pandemic virus too has a reason. We should treat the nature with at most care else it will make us see it’s Avatar. We shouldn’t neglect the nature. We shouldn’t pollute it because if it starts to take revenge, we can’t see the fate of earth. Let’s rebuilt the nature to built our lives.

Remember the Newton’s law.. For every destruction we make, the equal destruction. we get what we have. Do what you want because you will get it back. Do good to get good back. Nature is healing, let’s give sometime fot it. It needs time to get back that’s why it sent us corona. Giving a break to us is also giving a break to nature. Nurture the nature and you can live happily.

Corona is a blessing for nature because its trying to help us live afterlife. Nature is healing. That nature is for us. We had done the damage and can’t we wait for some more time to make nature heal itself. Everything will come to an end because something must start new.

Review and Revisit to Avatar before the Release of Avatar 2

Source: Google

James Cameron took fifteen years in making the movie Avatar. This is the highest-grossing movie ever made by Cameron, the director, the scripter. It comprehends human conditioning in 2151. Director represents the movie in an eye-popping spectacle with the conflict between idyllic aliens and greedy humans. It is famous for 3D, new art and another pandora world. Pandora itself a big and different world but the movie’s message greater than that. Cameron has taken Pandora (moon) as the medium to convey his message. The movie delivers two messages. In the first five minutes from the beginning, Cameron clears the first message. The movie shows the future scenario that by 2151, the world population will be 22 million, and concerning filling the need people will finish all the resources, and humans will end up making the world as a gas chamber. It shows that the world will be under the mandate of hunger, people will take oxygen through a mask, many animals will get extinct. In a scene, the movie shows that the Bengal Tiger is being cloned back into existence at the Beijing Zoo. If the resources are being finished, so definitely the transportation will be costly. So, the first message of the movie is to make people think about the future generation and make people aware to save the green earth. We know that always the weaker gets relocated by the stronger, the powerful rules the weaker one. In the first scene, the director has shown a scene, where a powerful Male person torturing and beating a female person. The movie says the reason for these discrepancies is the finished resources. So, A powerful organization, RDA, has found out a solution. It has made a highly efficient, room-temperature superconductor,Unobtanium, which can solve the energy crisis but the source of this is on Pandora moon. Here RDA is representing the powerful human world and the Pandora people are representing the smaller community who are being exploited, this scenario represents the colonization era as well as exemplifies all the scattered stories of the mandate. The Unobtanium is representing the precious things for which the stronger country came to colonize the weaker. The movie shows the establishment of RDA on Pandora, how terrible humans can be to fulfill their needs. It says maybe the Pandora people are weaker, but their talent and technology are much they’re than human, but what human does, they try to destroy everything and extract the good rather than preservation and maintain the sustainability of goodness. There are incidents of breaking trust, winning it again. At the end by the leadership of Jake Sully, Navi wins, gets released from suppression.

It an amazing movie to experience. Everyone should for its concept, the depiction of concept, quality of the screenplay. A Worth watching movie.

All we know that Avatar 2 is in its way to come in 2021. It is kind of a review with a recap of the first film of Avatar franchise. I’d suggest all to watch the movie who haven’t seen yet and wait for the next masterpiece to come by James Cameron.

Value of family….

The value of family has been deeply ingrained in the Indian society over the ages. This is because we have been fed with mythological stories from great epics like the Ramayana and The Mahabharata, the very early in life. This rich legacy of family values and culture found reflection in the Indian joint family system.

The present generation aping the west has become highly materialistic which has led to the break up of the joint family system. This is because the meagre land holdings can no longer support their livelihood.

The positive fallout has been the end of the internal squabbles and unpleasantness, that are inherent in a joint family. The clash of individual personalities, because of ego or different aspirations have often led to tension and ill will in the family.

The breakdown may be due to economic and social compulsions. However, there is a need to preserve the rich family values, and also strengthen bonds and by showing respect to elders.

Honest Concurrent User in Trademark

The main contention to prove the honest concurrent use is that the applicant has been using the mark in good faith and/or he didn’t have the knowledge of the earlier registered trademark and thereafter explains the legal requirements to prove the claim of the bonafide user of the trademark.
Introduction
A Trademark which is similar to an already registered trademark would not be recognized. According to Section 11 of the Trade Marks Act, 1999,
a trademark shall not be registered if it is similar to a registered trademark. This provision is there to prevent confusion among the consumers as to the ownership or origin of the goods claimed.
For a trademark to get protection under the Trade Marks Act, 1999, it has to be registered with the Registrar of Trade Mark. Section 12 of the Trade Marks Act, 1999 provides for registration of a trademark in case of honest and concurrent use depending upon the subjective discretion of the Registrar.
The burden of proof under the evidentiary aspect of trademark law says that an applicant needs to establish prima facie contentions that there is no such person using an identical or similar mark, as it is not possible to show conclusively that there is no such person. The registrar may take notice of a state of affairs that would enable it to raise a presumption that according to “the common course of natural events, human conduct, and public and private business” such a situation does not exist. However, if an objection is raised such a presumption would not be raised. Then the burden is on the objecting person to prove his case in accordance with the principle of section 101 of the Evidence Act, 1872 and he must also prove that the registration of the mark would be of material detriment to him. In Concurrent registration of identical or similar marks, heavy burden lies on the applicant to prove the existence of the following conditions, the findings on which are necessarily subjective in nature.
Various Jurisdiction
The quantum of the concurrent use of the trademark in connection with the goods concerned and the duration, area and volume of the trade.
The degree of confusion likely to ensue from the resemblance of the marks, which is to an indication of the measure of public inconvenience.
The honesty of the concurrent use Whether any instances of confusion have in fact been proved. The relative inconvenience, which would be caused if the marks were registered, subject if necessary to any conditions and limitations.
In most jurisdictions, Trade Mark law provides for a Trade Mark of an honest and concurrent user to co exist with another similar mark. The defence of honest and concurrant user was conceived mainly through two cases. Firstly, the case of Dent v Turpin determined that two users of a mark (which had derived from a common predecessor) had a separate right to obtainan injunction against a third person using the mark. Secondly, in Southorn v Reynolds , the Dent case was relied on to come to a conclusion on very similar facts. Though, it should be noted that neither of these two cases was related to dispute between concurrent users. The courts, in these two cases were not protecting the exclusive property rights but restraining a person from misrepresenting his goods as those of another.
In Dr. Reddy’s Laboratories Ltd v M/s. Reddy Pharmaceutical Limited ‘Dr. Reddy’ was a mark adopted and used by Dr. Reddy Laboratories since 1984 and has acquired reputation and goodwill. However, application for registration of this mark was filed only in 2001 under various classes. Reddy Pharmaceuticals Limited, the respondent, was the agent of Dr. Reddy Laboratories for 10 years. This association was terminated on 1st April 2003 and on 17th April 2003 the respondent filed the impugned trademark application for the mark ‘Reddy’. Though the respondent’s application was filed subsequent to the applicant’s application, the mark was registered in favour of the respondent in 2005 under ‘medicinal and pharmaceutical preparations’. The IPAB observed that the applicant was the first to apply for the mark in 2001 and the respondent’s application was subsequent to the applicant’s in 2003. Therefore, the registry erred in accepting the respondent’s subsequent application. The IPAB remarked “The applicant company headed by a scientist/technocrat have indulged in benign neglect of not seeking timely protection for their brand name and are now ruing its decision.” The IPAB further stated “It is true law recognizes and preserves the right which every man has to use his own name including for carrying on trade or business provided such use is not fraudulent.” In the present case it was held that all the facts point towards the fact that the respondent deliberately adopted the impugned mark to deceive the public. It was not a bona fide user and therefore the respondent could not take support of honest and concurrent use under S. 12.
English Law
Quite often a business is advised that a certain trade mark that it wishes to register, or a confusingly similar version of it is already registered in a third party’s name. The trade mark attorneys acting for the business will then, as a matter of course, request details of the use of the mark, if any, What is the significance of this enquiry? The answer lies in section 14(1) of the Trade Marks Act 194 of 1993. It aunty that a mark can be registered, despite its conflict, among other things, with a registered mark, in the case of honest concurrent use, OE o other special circumstances that may make it proper to do so. The obvious INsue that requires attention is the meaning of the concept honest.
Relevant factor under English law were set out in the decision of Piries Application (19331 RPC 147. These include • contingencies of confusion the duration of use, • whether the choice of the mark was honestly made, • the nature of the trades of the respective purtics, and actual confusion.
In the application of these factors, the hardship Involved in refusing registration must also be considered. In practice, the most controversial aspect is probably whether the knowledge vain of a mark excludes protection. The impact of knowledge of a mark featured in Massachusetts at Work 1918 KPC 137, also a British decision. In this matter it was stated that tugh it had been suggested that the use had been other than honest, this use had taken place with full knowledge of the mark.
Registration was thus refused
In George Ballantine & Son Lule Ballantyne Stewart & Coy td|1959) RPC 47, it was said that use was in good faith in Latin, bona fide) if the user was someone ignorant of the conditions in the market and of the state of the register. In the light of such knowledge, the adoption of the mark was held not to be in good faith.
The ruling would also support the inference that knowledge of a mark amounts to an exclusion of good faith. However, in the authoritative Pirie decision, it was held that knowledge of a mark loses its significance once the selection of the mark is property explained.
Conclusion
To conclude, when claiming honest concurrent use after receipt of a similarity objection or opposition, the applicant or the defendant should produce strong evidence to substantiate such claims of extensive, honest and concurrent use of the trademark. Extensive, honest and concurrent use of the disputed mark does not negate but mitigates the likelihood of consumer confusion due to the conceptual similarity of the marks. The primary objective of a Trade Mark is to act as a source identifier, and if two identical or similar marks can exist without any public confusion then the mark can be registered subject to the subjective discretion of the Registrar.

Data Protection

Recently got a chance to attend webinar where Former Justice B.N Srikrishna talking about data protection luckily got great insights and delighted to share with you guys hope it’s helps you to understand everything about Data Protection.

India is not a party to any convention on protection of personal data which is equivalent to the GDPR or the Data Protection Directive. However, India has adopted or is a party to other international declarations and conventions such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which recognise the right to privacy.

India has also not yet enacted specific legislation on data protection. However, the Indian legislature did amend the Information Technology Act (2000) (“IT Act”) to include Section 43A and Section 72A, which give a right to compensation for improper disclosure of personal information.

The Indian central government subsequently issued the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”) under Section 43A of the IT Act. A clarification to the above Rules was issued on 24 August 2011 (the “Clarification”).

The Rules have imposed additional requirements on commercial and business entities in India relating to the collection and disclosure of sensitive personal data or information which have some similarities with the GDPR and the Data Protection Directive.India has introduced a biometric based unique identification number for residents called ‘Aadhaar’. Aadhaar is regulated by the Aadhaar (Targeted Delivery of Financial and Other Subsidies Act) 2016 (“Aadhaar Act”) and rules and regulations issued thereunder.

Entities in regulated sectors such as financial services and telecom sector are subject to obligations of confidentiality under sectoral laws which require them to keep customer personal information confidential and use them for prescribed purposes or only in the manner agreed with the customer.

To better balance privacy and innovation, India’s data protection legislation must be narrowly focused and designed to protect individuals and society against any injury resulting from data processing.In December 2019, the government introduced the Personal Data Protection Bill, 2019, in parliament, which would create the first cross-sectoral legal framework for data protection in India.

A framework for protecting personal data has to be designed on a more precise understanding of the role of privacy in society and of the harms that emanate from violations of individual privacy.The notion of informational privacy has become salient in the past decade.

India has privacy jurisprudence going back several decades. Most of it focuses on privacy in the context of harms caused due to a violation of privacy. This jurisprudence changed in 2017, when the Supreme Court in Justice K.S. Puttaswamy v. Union of India held that the Indian Constitution included a fundamental right to privacy. While deciding the case, though the court listed a long line of jurisprudence, the central deficiency in the existing jurisprudence in the court’s opinion was the lack of a “doctrinal formulation” that could help decide whether privacy is constitutionally protected.

The Personal Data Protection Bill, 2019, follows a long line of privacy jurisprudence in India that has been influenced by global developments as well as the country’s own constitutional jurisprudence.

Though the constitution does not explicitly mention a right to privacy, Indian courts have held that a right to privacy exists under the right to life guaranteed under Article 21.5 However, there was always some ambiguity regarding the exact nature of the constitutional protection of privacy due to the long-standing judgment of the Supreme Court in Kharak Singh v. State of Uttar Pradesh, where the court held that a right to privacy did not exist under the constitution.

The Bill governs the processing of personal data by:

(i) government,

(ii) companies incorporated in India,

(iii) foreign companies dealing with personal data of individuals in India.

Personal data is data which pertains to characteristics, traits or attributes of identity, which can be used to identify an individual. The Bill categorises certain personal data as sensitive personal data. This includes financial data, biometric data, caste, religious or political beliefs, or any other category of data specified by the government, in consultation with the Authority and the concerned sectoral regulator.

The Bill sets up a Data Protection Authority which may:

(i) take steps to protect interests of individuals,

(ii) prevent misuse of personal data,

(iii) ensure compliance with the Bill.

It will consist of a chairperson and six members, with at least 10 years’ expertise in the field of data protection and information technology. Orders of the Authority can be appealed to an Appellate Tribunal. Appeals from the Tribunal will go to the Supreme Court.

Offences under the Bill include:

(i) processing or transferring personal data in violation of the Bill, punishable with a fine of Rs 15 crore or 4% of the annual turnover of the fiduciary, whichever is higher,

(ii) failure to conduct a data audit, punishable with a fine of five crore rupees or 2% of the annual turnover of the fiduciary, whichever is higher. Re-identification and processing of de-identified personal data without consent is punishable with imprisonment of up to three years, or fine, or both.

HONGKONG PROTESTS AND CHINESE AUTHORITARIANISM

Currently, the state of Hongkong, formally called the Hongkong Special Administrative Region of the People’s Republic of China, is in complete chaos and rebellion. Hongkong, a metropolitan, is located on China’s southern most coast, 60km east of Macau, on the east side of the mouth of the Pearl River Estuary. It is surrounded by the south china sea on all sides except the north. Hongkong has always been the hub for protests against the authoritarian Chinese leadership since its handover to the People’s Republic of China by the United Kingdom on 1stJuly 1997. With the signing of the Sino-British Joint Declaration, the 156-year-old British rule came to an end. This declaration is extremely fundamental to the Hongkonger’s since it provided that Hongkong would retain its capitalist system and not accede to the socialist system of that of china. The principle of “one country, two system” was agreed by both the UK and China, which is to be followed until 2047. The Joint Declaration gave way to the drafting of the Hongkong Basic Laws, which further provided for several liberties and freedoms to the citizens of Hongkong. According to the Basic law, Hongkong was to have a separate judiciary and legislative system, free from Chinese influence and the citizens too enjoyed certain more liberties like freedom of speech and expression and the freedom to assembly and protest, unlike their Chinese counterpart. 

However, in June 2019, widespread protests were witnessed due to the introduction of the controversial Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill, which allowed extradition of fugitives to Mainland China, Taiwan and Macau, and even with countries it does not have an extradition treaty. This bill not only threatened the semi-autonomous sovereignty of Hongkong but also reduced the independence of its judicial system, with the Mainland Chinese laws taking precedence. Huge criticism was raised by people all over the world stating that the criminals will be subjected to arbitrary detention, unfair trials and torture under China’s judicial system. 

“The proposed changes to the extradition laws will put anyone in Hong Kong doing work related to the mainland at risk,” said Human Rights Watch’s Sophie Richardson in a statement earlier this year. “No one will be safe, including activists, human rights lawyers, journalists, and social workers.”[1]

The fierce movement led by the protesters gave rise to 5 major demands, which was put forward to the government of Hongkong, led by the Executive Chief Carrie Lam.

The demands included-

  1. Fully withdraw the extradition bill
  1. Set up an independent inquiry to probe police brutality
  2. Withdraw a characterization of early protests as “riots”
  3. Release those arrested at protests
  4. Implement universal suffrage in Hong Kong[2]

Only the first demand was conceded by Hongkong leader, Carrie Lam, but the movement had already gained momentum where it could not be stopped. This controversial bill not only highlighted the discrepancies and inefficacy of the Hongkong government but also the high level of influence of Beijing over its territories. This movement was fuelled by the anti-government and pro-democracy patriots, who voiced their opinions for anti-China, by targeting Chinese-owned business and boycotting restaurants that expressed pro-China stance. 

The movement gained wide support from people across the world, such as the UK, US, Canada and Australia, who showed concerns over the growing influence of China, not only on its territory but also around the world.  

A US congressional commission said in May it risked making Hong Kong more susceptible to China’s “political coercion” and further erode Hong Kong’s autonomy.

Britain and Canada said they were concerned over the “potential effect” that the proposed changes would have on UK and Canadian citizens in Hong Kong.

The European Union also issued a diplomatic note to Mrs Lam expressing concerns over the proposed changes to the law.

China’s foreign ministry has refuted such views, calling them attempts to “politicise” the Hong Kong government proposal and interference in China’s internal affairs.[3]

Recently, a new wave of protests erupted in Hongkong over the implementation of the nefarious National Security Law, which conferred wide powers to Beijing, that allowed for the arrest and detention of protesters in Hongkong, who promoted anti-government feelings, with harsh penalties and punishments even leading to imprisonment. The law contains 66 articles, details of which are not revealed, which criminalises any act of subversion, secession, terrorism and collusion with external or foreign forces. Anything that causes disruption to public peace and property such as government building or public property, will be deemed to be an act of terrorism followed with ‘grave’ consequences. The residents of Hongkong believed that this law will not only take away their rare freedoms but also encroach upon its civil liberties, which was awarded to Hongkong in the form of the Basic law. This law will allow the mainland legal system to encroach and intervene in the national security cases of Hongkong, leaving it’s legal system worthless and ineffective. Many experts have expressed deep concerns over this matter. 

“The law is devastating in that it appears to have no bounds,” said Sophie Richardson, the China director at Human Rights Watch. “Hong Kong activists, accustomed to operating in mostly rights-respecting environment, now face a frightening void.”

“As a national security suspect, you can be locked up for as long as six months incommunicado, subject to torture, coerced confession, no access to counsel or family or friends, before the police decide whether to process you for a crime,” said Mr. Cohen, the law professor, speaking about practices common in mainland China.[4]

“It is clear that the law will have a severe impact on freedom of expression, if not personal security, on the people of Hong Kong,” Professor Johannes Chan, a legal scholar at the University of Hong Kong, told the BBC before the passage of the law.[5]

This notorious law violates Article 23[6]of the Hongkong Basic Law, which clearly states that, 

The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in the Region, and to prohibit political organisations or bodies of the Region from establishing ties with foreign political organisations or bodies.

According to article 38, any foreign help to the protestors in form of fund or donations or those advocating the Independence of Hongkong, other than its citizens, will be arrested upon entering mainland china or Hongkong. Not only is this arbitrary but also shows the authoritarian intentions of the Chinese government over Hongkong. 

The Hongkong government, in 2003, had previously enacted a national security bill of its own but it was soon retracted due to its unpopularity and mass demonstration. 

This new law aims at silencing the criticisms of the party’s policies in Hongkong by activists and journalists, leading to corrosion of the judicial independence of the Hongkong. Many claim this law to be “the end of Hongkong”, and rightly so, due to the extreme measures of the mainland government,  and is likely to be  successful in being able to put off the chances of Hongkong ever achieving full democracy as it was promised. 

Works Cited

Hernández, J. C. (2020, June 30). Harsh Penalties, Vaguely Defined Crimes: Hong Kong’s Security Law Explained. Retrieved from The New York Times: https://www.nytimes.com/2020/06/30/world/asia/hong-kong-security-law-explain.html

BBC News. (2020, June 30). Hong Kong security law: What is it and is it worrying?Retrieved from BBC News: https://www.bbc.com/news/world-asia-china-52765838

BBC news. (2019, December 19). Hong Kong-China extradition plans explained. Retrieved from BBC News: https://www.bbc.com/news/world-asia-china-47810723

Yeung, J. (2019, December 20). From an extradition bill to a political crisis: A guide to the Hong Kong protests. Retrieved from CNN : https://edition.cnn.com/2019/11/15/asia/hong-kong-protests-explainer-intl-hnk-scli/index.html


[1]https://www.bbc.com/news/world-asia-china-47810723

[2]https://edition.cnn.com/2019/11/15/asia/hong-kong-protests-explainer-intl-hnk-scli/index.html

[3]https://www.bbc.com/news/world-asia-china-47810723

[4]https://www.nytimes.com/2020/06/30/world/asia/hong-kong-security-law-explain.html

[5]https://www.bbc.com/news/world-asia-china-52765838

[6] “Basic Law – Chapter 2”. Hong Kong government. Archived from the original on 29 July 2010. Retrieved 20 March 2018

Crimes against women in India : What society we are heading towards?


women held a high place of respect in ancient Indian society as mentioned in the Rigveda and other scriptures. Volumes can be written about the status of our women and their heroic deeds from the Vedic period to modern times. But later on, because of social, political and economic changes women lost their status and was relegated to the background. Many evil customs and traditions steeped in which enslaved the women and tied them to the boundaries of the house.

Domestic Violence
Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. The violence
may involve physical abuse, sexual assault and threats. Sometimes it’s more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home. Social isolation and emotional abuse can have long-lasting effects as well as physical violence.
This form of domestic violence is most common of all. One of the reasons for it being so prevalent is the orthodox and idiotic mindset of the society that women are physically and emotionally weaker than the males. According to United Nation Population Fund Report, around two-third of married Indian women face it.
And now, fuelled by mandatory stay-at-home rules, social distancing, economic uncertainties and anxieties caused by the coronavirus pandemic, It has increased globally.

Rape
In criminal law, rape is an assault by a person involving sexual intercourse with another person without that person’s consent. Outside of law, the term is often used interchangeably with sexual assault, a closely related (but in
most jurisdictions technically distinct) form of assault typically including rape and other forms of non-consensual sexual activity
According to Section 375 of Indian Penal Code, a man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following
descriptions:
First: – Against her will.
Secondly: -without her consent.
Thirdly: – With her consent, when her consent has been obtained by putting
her or any person in whom she is interested in fear of death or of hurt.
Fourthly: -With her consent, when the man knows that he is not her
husband, and that her consent is given because she believes that he is
another man to whom she is or believes herself to be lawfully married.
Fifthly: – With her consent, when, at the time of giving such consent, by
reason of unsoundness of mind or intoxication or the administration by him
personally or through another of any stupefying or unwholesome
substance, she is unable to understand the nature and consequences of
that to which she gives consent.
Sixthly: – With or without her consent, when she is under sixteen years of age.

According to the National Crime Records Bureau, one woman is raped every 20 minutes in India. Incidents of reported rape increased 3% from 2011 to 2012. Incidents of reported incest rape increased 46.8% from 268 cases in 2011 to 392 cases in 2012. Despite its prevalence, rape accounted for 10.9% of reported cases of violence against women in 2016.

Sexual harrassment
Sexual harassment is intimidation, bullying or coercion of a sexual nature, or the unwelcome inappropriate promise of rewards in exchange for sexual favours. Sexual harassment in India is termed “Eve teasing” and is described as : unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other
unwelcome physical, verbal/non-verbal conduct being sexual in nature. The
critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator. According to India’s constitution, sexual harassment infringes the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution.

From 2011 to 2012, there was a 5.5% increase in reported assaults on women with intent to outrage her modesty. Madhya Pradesh had 6,655 cases, accounting for 14.7% of the national incidents. From 2011 to 2012, there was a 7.0% increase in reported insults to the modesty of women.Andhra Pradesh had 3,714 cases, accounting for 40.5% of the national accounts, and Maharashtra had 3,714 cases, accounting for 14.1% of the national accounts.

Female foeticide
Female foeticide is a heinous act and an indicator of violence against women. Women in India have suffered a lot and have swallowed
innumerable atrocities for so many generations. Be it wife battering, rapes
or dowry deaths, she has been suffering and subjected to discrimination. The homicide of women exists in various forms in the societies all over. Female foeticide is one of the worst case scenarios which women expect in this country. It is because of this reason that the sex ratio of girls to boys in many parts of the country has dropped to less than 800:1,000. The determination of the sex of the foetus by ultrasound scanning, amniocentesis, and in vitro fertilization has aggravated this situation.

Dowry related marriage and early marriage

In india marriages are preceded by the payment of an agreed-upon dowry by the bride’s family. Failure to pay the dowry can lead to violence.

In Uttar Pradesh, 2,244 cases were reported, accounting for 27.3% of the dowry deaths nationwide. In, Bihar, 1,275 cases were reported, accounting for 15.5% of cases nationwide. Incidents of dowry deaths have decreased 4.5% from 2011 to 2012.

In 2018, still as many as 5,000 dowry deaths are recorded each year.

Early marriage, especially without the consent of the girl, is another form of human rights violation. Early marriage followed by multiple pregnancies can affect the health of women for life.
The report of the Special Rapporteur has documented the destructive effects of marriage of female children under 18 and has urged
Governments to adopt relevant legislation.

Acid throwing

Acid throwing, also called an acid attack, a vitriol attack or vitriolage, is a form of violent assault used against women in India. Acid throwing is the act of throwing acid or an alternative corrosive substance onto a person’s body “with the intention to disfigure, maim, torture, or kill. Acid attacks are usually directed at a victim’s face which burns the skin causing damage and often exposing or dissolving bone. Acid attacks can lead to permanent scarring, blindness, as well as social, psychological and economic difficulties.

Trafficking
Trafficking is defined as a trade in something that should not be traded in for various social, economic or political reasons. Thus we have terms like drug trafficking, arms trafficking and human trafficking. The concept of human trafficking refers to the criminal practice of exploiting human beings by treating them like commodities for profit. Even after being trafficked victims are subjected to long term exploitation.
Women and children from India are sent to nations of the Middle East daily. Girls in prostitution and domestic service in India, Pakistan and the Middle East are tortured, held in virtual imprisonment, sexually abused, and raped.

Every year thousands of women are abducted and traffic to other countries as Sex slaves.

Online bullying

In recent times, social media has gained immense popularity. Often young girls and women are stalked by perverts. They are bullied, trolled and shamed badly.

These were the major crimes against women in India. There are a lot of many other crimes also that women face. All of this are making gender equality a myth in India.

State Duty-Bound To Ensure Well-being

In a commendable and courageous judgment, the Kerala High Court just recently on July 1, 2020 in Jana Samparka Samithy Vs State of Kerala in Case No. : WP(C). No. 27148 of 2015 has minced no words to make it unmistakably clear that the State Government has a duty to ensure well-being, life and liberty of migrant workers also. The State Government cannot abdicate this onerous responsibility under any circumstances. All the State Governments must always pay heed to this what the Kerala High Court has held so elegantly, effectively and eloquently!

                                To start with, the ball is set rolling in para 1 of this latest, landmark and extremely laudable judgment authored by Justice Shaji P Chaly of Kerala High Court and its Chief Justice S Manikumar wherein it is observed that, “W.P.(C) No. 23724 of 2016 is a Public Interest Litigation suo motu registered by this Court on 17.06.2016 on the basis of the common judgment in W.P.(C) Nos. 31925 of 2015 and 15370 of 2016 of a learned single judge of this court portraying the pathetic conditions of migrant labourers in the Labour Camps situated within the State of Kerala. As per the judgment in W.P.(C) No. 31925 of 2015, the Secretary of the Vadavucode Puthencruz Grama Panchayat was directed to seal the buildings of the respondents in the said writ petition, and the District Administration along with the Local Self Government Institutions were directed to take immediate steps to avert nuisance caused by the property, remove the contaminants and restore it to ensure safe habitation of the nearby residents. Other requisite directions were also issued. One of the directions was to the District Collector, Ernakulam to depute an Officer sufficiently senior in the hierarchy to conduct an inspection of the premises and close down the labour camp by providing alternate facilities for accommodating the migrant labourers and collect samples from the well water and to conduct analysis of the same. Since we found that the captioned writ petitions have intrinsic connection, we heard them together on agreement.”

                                            To be sure, it is then stated in para 2 that, “The learned single Judge, taking into account the social ramifications emerged out of the specific instance brought before it in the writ petition, has directed as per an order dated 20.06.2016 to place the judgment before the then Acting Chief Justice requesting to take a decision as to whether a suo motu Public Interest Litigation was to be initiated, along with a memo filed by the learned Government Pleader in W.P. (C) No. 31925 of 2015 and the report of the District Collector with the photographs taken at the time of inspection. It was accordingly that the suo motu proceedings started. Thereafter, as per the order dated 18.07.2016, a Division Bench of this Court impleaded the Kerala State Legal Services Authority represented by its Member Secretary as an additional respondent in the writ petition, in addition to the State, its various Departments, District Collector, Ernakulam, an official of the Labour Department, public sector undertakings like Bharat Petroleum Corporation Limited, Indian Rare Earths Limited, Hindustan Organic Chemicals Ltd. etc. The member Secretary of KELSA was also directed to allot the suo motu case to Smt. Parvathy Sanjay, and with her consent she was appointed as amicus curiae on behalf of the Kerala State Legal Services Authority.”  

                                       While continuing in the same vein, it is then specified in para 3 that, “Thereafter, this Court was issuing periodical directions to the respondents as well as the amicus curiae to submit reports so as to issue directions to the State Government and the officials to take appropriate steps to protect the interest of the migrant labourers. The Secretary of KELSA has filed various reports before this Court pointing out the deficiencies existing in the labour camps, and the deplorable conditions of life of the migrant labourers who have been working in various establishments, especially at Perumbavoor, Ernakulam District where they were employed by the Plywood Manufacturers. Along with the report, KELSA as well as the amicus curiae have produced photographs, which would speak in volumes the pathetic condition under which the migrant labourers were living and the difficulties faced by them due to lack of facilities. To combat these issues suggestions were also placed before this Court.”

                                   Be it noted, it is then envisaged in para 4 that, “The amicus curiae has also produced before this Court emergent reports taking into account the urgent actions to be taken and also seeking appropriate directions to the State as well as the other authorities. Likewise, taking into account the report of the amicus curiae, directions were issued to the public sector undertakings who were found to be the principal employers. The report also demonstrated the unhygienic conditions, and the poor maintenance of the bathroom and toilets in labour camps. Pollution problems were also reported to be persisting in the labour camps, however consequent to the successive orders issued by this Court, steps were taken by the authorities and the public sector undertakings to abate the nuisance. Steps were also taken to decongest the labour camps consequent to such reports. The Panchayat  as well as the other authorities were also given the liberty to inspect each of the labour camps and take appropriate decisions so as to ensure only a minimum number of labourers residing in such labour camps. In fact, on the basis of the report that there was exploitation of the migrant labourers, appropriate directions were issued by this Court, and due to the constant and frequent reports of KELSA, statement filed by the Government and its officials, as also the report of the amicus curiae, and the consequent monitoring by this court, many of the problems that were faced by those migrant labourers could be curbed and other situations were also able to be regulated to a considerable and satisfactory extent. While continuing so, situations have arisen due to the lock-down restrictions on account of the pandemic, Covid-19 vis-à-vis the difficulties faced by the migrant labourers. Due to the closure of the business establishments and the factories, the migrant labourers were faced with various difficulties, including loss of employment and situations with respect to their day-to-day affairs. Thereupon, on the basis of the reports submitted by the KELSA and the amicus curiae, clarifications were sought by this Court from the Government and its officials and after considering the rival submissions, directions were being issued to sort out the difficulties faced by the migrant labourers. In fact, such reports filed by the KELSA and the amicus curiae were extending help to the State Government and its officials to identify the issues specifically, and to take urgent steps to abate the nuisances confronted by the migrant labourers, and also to alleviate the difficulties faced by them due to the unemployment, and the consequential unrest generated.”        

                                         To say the least, it is then elucidated in para 14 that, “After hearing the learned counsel for the petitioner in the said writ petition, learned Sr. Government Pleader, Sri Surin George Ipe, and the learned amicus curiae Smt. Parvathy Sanjay representing the KELSA, we are of the view that the writ petition can be disposed of with appropriate directions taking into account the present situations prevailing in the State of Kerala. Needless to say, the State Government is duty bound to protect the health and welfare of the migrant workers in accordance with the mandate contained under Article 21 of the Constitution of India and the obligations and duties contained under the directive principles which are fundamental in the governance of the State and also the fundamental duties imbibed in every citizens under Article 51-A of the Constitution of India.”  

                                                  As a corollary, it is also then said in para 15 that, “On a conjoint reading of the said provisions of the Constitution of India, we are of the view that, the State has an onerous duty to ensure the well being and life and liberty of every citizen, which includes the migrant workers also.”

                           On the face of it, what is then further underscored in para 16 is that, “Therefore, the State Government has a duty to ensure that the employers are providing appropriate shelter to the migrant workers, a clean environment and a healthy living condition with sufficient ventilation, light etc. along with other basic amenities. It is also the duty of the State Government to see that employers are satisfying the requirements in accordance with the prevailing laws with respect to the wages, contribution to welfare funds etc. of the migrant labourers. So also, adequate measures shall be taken for curbing ill-treatment of the labourers in any manner, by the employers.”

                                           Going forward, it is then stated in para 17 that, “In that view of the matter, there will be a direction to the State Government to ensure that the life and liberty of the migrants labourers are protected envisioned by the framers of the Constitution of India and bearing in mind the responsibilities and the fundamental duties and obligations of the State Government in doing so. If any information is received by the State Government and its officials in respect of any ill-treatment of the migrant labourers from any responsible corners, quick action shall be taken for ensuring their well being and life and liberty. It is also made clear that if any of the migrant labourers expressed his intention to go back to his native State, adequate steps shall be taken by the State Government through its Offices to ensure return of such migrant workers subject to the lockdown restrictions and consequential SOPs issued by the respective Governments. So also, the Government shall always be watchful to ensure that no forcible detention are made by the employers of any migrant workers so as to cause any prejudice to the migrants, and if any such action on the part of the employers are noted by the Government, adequate steps shall be taken to initiate appropriate action against such persons. We also make it clear that the State Government is at liberty to implement the suggestions in Ext. P1 report in W.P.(C) No. 23724 of 2016, if they are genuinely required to improve the health and welfare of the migrant labourers.”  

                                  In essence, this latest, landmark and extremely laudable judgment by a two Judge Bench of the Kerala High Court very rightly accords the topmost priority to the well-being, life and liberty of migrant workers also who always render their invaluable contribution in State’s development in all spheres as we have already dwelt in detail. It enjoins upon the Kerala State Government to ensure that the same is protected always! The Kerala State Government and its officials must comply with accordingly with the directions stated in the judgment without fail! There can be no denying or disputing it!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh