Tag: case study

New Towns in India

 In recent times, India has seen a spurt in such planned townships and a significant number of consumers living in major urban centres are becoming interested in the idea of living in the number of planned townships that are being built away from major urban hubs and chaos. 

Making of new towns in India is not a recent phenomenon. India has the experience of this process throughout her history. The phenomenal growth of new towns in India bears the imprint of her heritage in this field of culture and civilization. Mohenjodaro and Harappa, dating back to the Indus Valley civilization, Ayodhya, Pataliputra (present Patna) and Varanasi laid out by Indo Aryans during the Vedic period, Nalanda and Taxila built to serve as University towns during the Buddhist period. Agra, Golconda and “Dacca” (Bangladesh) of mediaeval period, Fatehpur Sikri of the Moghul period, Jaipur the ‘pink city built by Maharaja Jai Singh during the 18th century and Lutyen’s New Delhi (1930) are some of the classic examples of new towns built to satisfy the needs and aspirations of urban community during different periods. 

The new town movement of India in the recent past is associated with the beginning of railway towns of British India. These railway towns being formed of an assortment of quarter, for railway employees, stations and other transportational facilities made a sizeable settlement with minimum possible layout and service facilities. The towns mainly designed on ‘grid iron’ pattern and provided community facilities like market, temples, churches, schools, playground, cinema and theatre gave the look of a new town. Kharagpur, Asansol, Tundla, Manmad and Waltair are the landmarks in this field of new towns in colonial India. 

By 1941, India had more than 30 such towns having capacity of more than 10,000 people each. Till independence development of new towns followed this pattern with a few exceptions like Jamshedpur. Development of new towns in the truest sense in India took a turn after independence. The partition of the country in 1947 resulted in influx of refugees from east and west and their rehabilitation marked the beginning of new towns in modern India. Faridabad near Delhi, Nilokheri in Punjab, Gandhidham in Gujarat and Asokenagar in West Bengal are examples of refugee township in India. 

The new towns built in the first phase lack in design aspect and differ from European and American Standards. But it should be admitted that India started making new towns at a very difficult hour. It was Pandit Jahawarlal Nehru, the then Prime Minister of India wished decent layout of these new townships. He invited the great designer from France, viz. Le Corbusier and gave him the task of designing Chandigarh. His architectural designs and creations became a source of inspiration to other young nations. Creation of Chandigarh was a historic moment in the contemporary annals of town planning. In fact Chandigarh was the ‘flag off” stage in the race of town building in India. 

In recent times, India has seen a spurt in such planned townships and a significant number of consumers living in major urban centres are becoming interested in the idea of living in the number of planned townships that are being built away from major urban hubs and chaos. Let us have a look at some of these new towns which are redefining the way people live in our country. 

  • Navi Mumbai Navi Mumbai is a planned satellite township of Mumbai on the west coast of Maharashtra. Navi Mumbai covering 95 villages 
  • New Town, Kolkata New Town, formerly known as Rajarhat, is a fast emerging satellite township in Kolkata Metropolitan Area (KMA) and it is expected that it will be able to absorb additional population growth and help in easing the burden on Kolkata 
  • Lavasa is a private, planned city being built near Pune by the Hindustan Construction Company (HCC)

1) Navi Mumbai 

Navi Mumbai is a planned satellite township of Mumbai on the west coast of Maharashtra. After it was created in 1971, City and Industrial Development Corporation (CIDCO) was the only authority that looked after the development and maintenance of the city. It was CIDCO which prepared the developmental plan for Navi Mumbai covering 95 villages. In 1991, Navi Mumbai Municipal Corporation (NMMC) was constituted by the Maharashtra government for maintaining some of the developed nodes of Navi Mumbai, namely, Belapur, Nerul, Turbhe, Koparkhairane, Ghansoli, Airoli,and Vashi. 
Navi Mumbai is home to many software companies of Maharashtra, located in various parks. These include the Millennium Business Park in Mahape, the International InfoTech Park at Vashi, and the Belapur railway station complex. It is also home to major commodity markets as well as a major steel market. One of the important business landmarks is the shipping port of Jawaharlal Nehru Port in the Nhava Sheva – Dronagiri nodes. The major business hubs in the city are CBD Belapur, Vashi, Nerul, and Mahape. The Navi Mumbai Special Economic Zone (SEZ) located in the nodes of Dronagiri and Kalamboli is planned to provide commercial growth and employment to the city. Positioned enroute the proposed Navi Mumbai Airport, this megaproject has attracted investments close to Rs 40,000 crores. 

2) New Town, Kolkata 

New Town, formerly known as Rajarhat, is a fast emerging satellite township in Kolkata Metropolitan Area (KMA) and it is expected that it will be able to absorb additional population growth and help in easing the burden on Kolkata. The West Bengal Housing and Infrastructure Development Corporation (HIDCO) plans and executes development projects in the entire 6,000 – 7,000 hectare area in New Town. In order to render the various civic services and amenities within New Town, the New Town Kolkata Development Authority (NKDA) was constituted under the New Town Kolkata Development Authority Act, 2007. 
Towns master plan envisages a township at least three times bigger than the neighbouring planned Salt Lake City. The entire area is still under the process of development. As a planned township, New Town has been divided into three key areas: Action Area I, which mainly consists of malls, a sub Central Business District (CBD) and planned residential and commercial plots. Action Area II is to have a planned main CBD, institutional plots, IT Business Parks like DLF and Unitech, and plots for large apartment complexes. Action Area III mainly consists of high rise residential complexes and mini sub-townships like Uniworld City and Sukhobristi. 

3) Lavasa 

Lavasa is a private, planned city being built near Pune by the Hindustan Construction Company (HCC). Among the first planned hill cities of India, Lavasa is approximately 1/5th of the land area of the Municipal Corporation of Greater Mumbai. Located near the Mumbai-Pune economic corridor, along the Warasgaon Lake, Lavasa optimally balances nature and urban infrastructure. The master plan of Lavasa is based on the principles of New Urbanism which makes life easy for its residents by placing all essential components of daily life within walking distance of each other. Besides this, architectural considerations such as land character, building frontage, and other design guidelines have also been taken into consideration while making the master plan. 

Developments at Lavasa are well on schedule, and the Dasve town center is currently under an advanced stage development. While the Dasve Town Centre is already functional, all structures in education, hospitality, and leisure are fast-nearing completion. Mugaon, is 6 kms from Dasve and is being developed as a centre for residential, educational, business and commercial activities. This town has shops, cafes, cultural institutions, spiritual centres, schools, and colleges. 
Various green initiatives have been undertaken to provide a healthy life to the inhabitants of New Town. The NKDA is working on plans to set up a dedicated green walkway stretching several kilometers in the township for people to walk and breathe fresh air without having the trouble to avoid cars and other polluting vehicles coming their way. A master plan, which has been approved by the Centre, has also been prepared for developing New Town as a solar city. It mentions ways to reduce the projected energy demand from conventional power sources by following two strategies one is by use of solar and renewable power sources and another is by using more energy efficient devices. Already, a long stretch of the main arterial road in Action Area I has been illuminated with LED streetlights and more such lights will be installed on various roads in the township. 
Recently, West Bengals Transport Department and HIDCO came up with a plan to jointly set up a state of the art international bus terminus at New Town, the first of its kind in the state. The terminus will have cafes and rest rooms and services for inter-city, inter-state, and international bus routes will be operated from there. New Town is also witnessing a major real estate boom. This year, a 2.5 acre plot in the township fetched HIDCO a whopping Rs 57.33 crore. It amounts to Rs. 23 crore per acre. Lately, HIDCO has been reaping rich harvest by auctioning off plots in the township for commercial purposes.

Gandhinagar Master Plan – Case Study

 

Gandhinagar is located 23 km north of Ahemdabad planned in 1960s by Prakash M Apte and H. K. Mewada. Gandhinagar district is an administrative division of Gujarat, India, whose headquarters are at Gandhinagar, the state capital. It was organized in 1964. Gandhinagar is located in central Gujarat, Vadodra and Ahemdabad are located in the north. It is a planned city situated on the Ahmedabad, Gandhinagar is the commercial heart of Gujarat and western India. Gandhinagar is being developed as infocity. It has an area of 649 km², and a population of 13,34,455.

Streets 

Gandhinagar’s streets are numbered (eg. Road no. 1, Road no. 2 up to Road no. 7). All streets are aligned at 30 deg. N-W and 60 deg. N-E, to avoid direct glare of morning and evening sun while driving. The Gujarat assembly building is in the centre of the city to make it close to all the residents

Character of the City 

Infocity, Gandhinagar has many educational institutions like Dhirubhai Ambani Institute of ICT (Information and Communication Technology), EDI (Entrepreneurship Development Institute Of India), Indian Plasma Research Institute, and Gujarat Law University. Gandhinagar’s Education level is highest in Gujarat, 87.11% all over the Gujarat. 

Sectors 

Gandhinagar has 30 sectors which are of 1 x 0.75 km each in length and width. Each sector has a primary school, a secondary school, a higher secondary school, a medical dispensary, a shopping centre and a maintenance office. Gandhinagar is developed on the neighborhood concept.

Departments Working in Gandhinagar 

1) Roads and Building Department 

The Town planning section of this office deals only with the town planning for Gandhinagar city and the peripheral area of the city. The office deals with following activities. 

  • Preparing master plan of the city and areas outside 
  • Preparing layout of major roads and rail lines in the region 
  • Preparing layouts for residential area 
  • Preparing layouts for commercial areas 
  • Preparing layout for industrial areas 
  • Preparing layouts for special buildings such as capital complex, town hall and other public buildings
  • Preparing layouts landscaping of public buildings, parks and other public areas 
  • Guidance in policy regarding allotment of land 
  • Guidance for size of plot and land price in allotment of land 
  • Suggesting plots for auction for various uses along with base price 
  • Preparing of building bylaws for the city and the peripheral areas
  • Suggesting changes in the bylaws from time to time 
  • Permission for construction and completion of buildings as per the bye-laws 
  • Technical approval under the periphery control act 1960 for change of use (Section-11) as well as to start construction under section 5/6 of the above act. 

2) GUDA (Gandhinagar Urban Development Authority) 

This authority is the one that drafts all the town planning schemes and implements them. It was started on 12-03-1996 by Govt. of Gujarat. The prime objective of the GUDA’s formation was to carry out the sustained planned development of the area failing outside the periphery of Gandhinagar notified area. With a view to ensure well planned development of Gandhinagar capital city and 39 villages and measuring area of 388 km2 . The important functions of the authority include 

  • The preparation of development plan for the Gandhinagar urban agglomeration 
  • To prepare the draft town planning schemes 
  • To implement the revised town planning schemes and 
  • To monitor and control the development activities in accordance with the revised development plan 
  • Besides, it is also responsible for the development of the infrastructures like road, sewerage, water supply and other basic civic amenities 

Planned as the administrative capital of the state, the current and future population employed in state government offices was distributed in 30 residential sectors around the State Assembly secretariat complex. Each residential sector could accommodate about 50% of population, and was intended to house the half of the population employed by the government. Plots on the periphery of each sector are meant for private and supporting population that constitutes the remaining 50%. The city was planned for a population of 150,000 but can accommodate double that population with increase in the floor space ratio from 1 to 2 in the areas reserved for private development. The river being the border on the east, and the industrial area to the North, the most logical future physical expansion of the city was envisaged towards the north-west. 

To establish and maintain a separate identity for the new city, the surrounding area of about 39 villages was brought under a Periphery Control Act (as in Chandigarh) that permitted new development of farm houses only. The area later constituted a separate administrative district of Gandhinagar. The city was planned for a population of 150,000 but can accommodate double that population with increase in the floor space ratio from 1 to 2 in the areas reserved for private development. The river being the border on the east, and the industrial area to the north, the most logical future physical expansion of the city was envisaged towards the north- west. 

Due to a constant military confrontation with Pakistan, whose borders are close from the city, a large military presence was required here. The land acquired on the eastern bank, adjacent to National Highway No.8, was therefore allotted to the Border Security Force and military cantonment. Considering the mostly south-west to north-east wind direction, the land to the north of the city was allotted for the then biggest thermal power station and the adjacent areas were zoned for industrial use. This area was distanced from the township by a 2000 ft. wide green strip of thick vegetation. 

Gandhinagar Master Plan 

FSI (Floor Space Index) 

Residential

Ahmedabad is currently the real estate hotspot in Gujarat, followed by Surat and Vadodara. The FSI fixed by the Ahmedabad Urban Development Authority (AUDA) in R-2 zones (city outskirts) is 1.2 and in R-1 zone, it is 1.8, allowing uniform free FSI of 1.8, barring the state capital of Gandhinagar. 

Commercial

Earlier 2.8 now allowing up to 4 FSI. Under the ‘ease of doing business’ housing and slum redevelopment, under which it will give over 3.0 FSI 

Area of Sector 

75.70 hectare Ground coverage, 13.08 hectare (16.65%) Open Area, 59.28 hectare (78.30%) Roads, Primary Area 9.82 hectare and Secondary Area: 3.12 hectare. 

Linkages And Connectivity 

National highway (NH) 8 and 8C runs through the district connecting it with major cities (20 km from city), connected with Ahmedabad by the Sarkhej-Gandhinagar highway (28 km) and with Vadodara by the Ahmedabad, Vadodara expressway (139 km). Distance from major industrial centres in the state: Rajkot (249 km), Jamnagar (337 km), Valsad (373 km), Ankleshwar (223 km), Bhavnagar (228 km), Mehsana (68 km) and Surat (306 km). Distance from major cities in India: Mumbai (573 km), Delhi (943 km), Kolkata (1952 km) and Chennai (1854 km). 

Consciously designed and planned axially based on egalitarian and Gandhian ethos. The re planning of Gandhinagar by the Consultants of Gandhinagar Urban Development Authority (GUDA) has obliterated its identity as a capital city. Unbridled capitalism has led to its debasement and inorganic extension resulting in Gandhinagar becoming just another suburb of Ahmedabad. 

The New Plan (2002) 

The consultants recently appointed by GUDA have ignored that history and want the expansion of the city to take place to the south. A southward expansion proposed by the consultants will merge it with Ahmedabad and finally become its suburb, destroying its separate identity. This extension to the south has completely destroyed the plan’s most important concept, the central vista (Road No.4). It focuses on the capitol complex, and was naturally to be extended to the north-west maintaining the axis, expanding the city physically in that direction. Over 6000 acres of green cover to the south west of the city has been designated for residential use in an attempt to join with the city of Ahmedabad. All this land, when developed can accommodate a population of over 600,000. The consultants thus seek to destroy the identity of the new capital city and make it a suburb of Ahmedabad. The “Gamthan” (built up land in a village) areas of 7 villages just abutting the city limits of Gandhinagar are increased arbitrarily (much beyond their natural growth requirements) to allow private residential development. 

Dismantling of Important Urban Design Features 

A major Area for cultural facilities, in the city square in Sector 17 of the city centre is proposed to be converted to commercial use, killing Gujarat’s traditional concept of a ‘city square’ and destroying a major element of ‘urban design’ of the new capital city. An area along J road (along the river Sabarmati) across Sector 9 covered by ravines, was proposed for conservation as an adventure park. It is now designated by the consultants for residential taking away a unique recreational facility. The open spaces at the junctions of all main roads of the city, left open in the original plan to improve road geometrics in future, ornamental landscaping, road signage, guide maps etc. are proposed to be filled up with roadside petty shops and hutments for the immigrants giving the city a slum like look.

Gandhinagar Master Plan 2026 

Gandhi Nagar Master Plan 2026 provides the framework for rationalizing the orderly movement of traffic and transportation within the city and defines the area for laying down network of various services. The plan is used for promoting integrated development of the urban centre by rationalizing its pattern of land use and their interrelationship. It also defines the strategies and solutions for overcoming the existing problems of the urban centres and to overcome its infrastructural and service related inadequacies. In addition, it provides options for accommodating the future addition to population which is likely to come to the urban centre due to natural growth and migration. Master Plan acts as a tool for determining the infrastructural cost which would be required to make the city sustainable. The plans offer futuristic solutions by laying down agenda for its growth and development. 

New Schemes in Gandhinagar 

Metro between Gandhinagar and Ahemdabad. GIFT city : It’s full form is “Gujarat International Finance Tec-City”. This place is 12 km from the Ahmedabad International Airport and 8 km from Gandhinagar. It is a Global Financial Hub. To develop and implement the project, Gujarat Urban Development Company Limited (GUDCOL) and Infrastructure Leasing and Financial Services (IL&FS) have established a Joint Venture Company, “Gujarat International Finance Tec-City Company Limited” (GIFTCL). The estimated cost of the entire project is Rs. 70,000 crore (700 billion Rs). Its main purpose is to provide high quality physical infrastructure (electricity, water, gas, district cooling, roads, telecoms and broadband), so that finance and tech firms can relocate their operations there from Mumbai, Bangalore, Gurgaon etc. 

CYBER CRIME CASE STUDY IN INDIA

Computer Crime Cyber crime encompasses any criminal act dealing with computers and networks (called hacking).Additionally, cyber crime also includes traditional crimes conducted through the internet. For example; The computer may be used as a tool in the following kinds of activity- financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyber stalking.The computer may however be target for unlawful acts in the following cases- unauthorized access to computer/ computer system/ computer networks, theft of information contained in the electronic form, e-mail bombing, Trojan attacks, internet time thefts, theft of computer system, physically damaging the computer system

Cyber Law is the law governing cyberspace. Cyberspace is a wide term and includes computers, networks,software, data storage devices (such as hard disks, USB disks), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc.

Computer crimes encompass a broad range of potentially illegal activities. Generally, however, it may be divided into one of two types of categories

(1) Crimes that target computer networks or devices directly; Examples – Malware and malicious code, Denial-of-service attacks and Computing viruses.

(2) Crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device. Examples – Cyber stalking, Fraud and identity theft, Phishing scams and Information warfare.

CASE STUDIES

Case no:1 Hosting Obscene Profiles (Tamil Nadu)

The case is about the hosting obscene profiles. This case has solved by the investigation team in Tamil Nadu. The complainant was a girl and the suspect was her college mate. In this case the suspect will create some fake profile of the complainant and put in some dating website. He did this as a revenge for not accepting his marriage proposal. So this is the background of the case.

Investigation Process

Let’s get into the investigation process. As per the complaint of the girls the investigators started investigation and analyze the webpage where her profile and details. And they log in to that fake profile by determining its credentials, and they find out from where these profiles were created by using access log. They identified 2 IP addresses, and also identified the ISP. From that ISP detail they determine that those details are uploaded from a café. So the investigators went to that café and from the register and determine suspect name. Then he got arrested and examining his SIM the investigators found number of the complainant.

Conclusion

The suspect was convicted of the crime, and he sentenced to two years of imprisonment as well as fine.

Case no:2 Illegal money transfer (Maharashtra)

ThIS case is about an illegal money transfer. This case is happened in Maharashtra. The accused in this case is a person who is worked in a BPO. He is handling the business of a multinational bank. So, he had used some confidential information of the banks customers and transferred huge sum of money from the accounts.

Investigation Process

Let’s see the investigation process of the case. As per the complaint received from the frim they analysed and studied the systems of the firm to determine the source of data theft. During the investigation the system server logs of BPO were collected, and they find that the illegal transfer were made by tracing the IP address to the internet service provider and it is ultimately through cyber café and they also found that they made illegal transfer by using swift codes. Almost has been  The registers made in cyber café assisted in identifying the accused in the case. Almost 17 accused were arrested.

Conclusion

Trail for this case is not completed, its pending trial in the court.

Case no:3 Creating Fake Profile (Andhra Pradesh)

The next case is of creating fake profile. This case is happened in Andhra Pradesh. The complainant received obscene email from unknown email IDs. The suspect also noticed that obscene profiles and pictures are posted in matrimonial sites.

Investigation Process

The investigators collect the original email of the suspect and determine its IP address. From the IP address he could confirm the internet service provider, and its leads the investigating officer to the accused house. Then they search the accused house and seized a desktop computer and a handicam. By analysing and examining the desktop computer and handicam they find the obscene email and they find an identical copy of the uploaded photos from the handicam. The accused was the divorced husband of the suspect.

Conclusion

Based on the evidence collected from the handicam and desktop computer charge sheet has been filed against accused and case is currently pending trial.

Hacking is a widespread crime nowadays due to the rapid development of the computer technologies. In order to protect from hacking there are numerous brand new technologies which are updated every day, but very often it is difficult to stand the hacker’s attack effectively. With some of these case studies, one is expected to learn about the cause and effect of hacking and then evaluate the whole impact of the hacker on the individual or the organization.

How to do a case study ?

Preparing the Case

Before you begin writing, follow these guidelines to help you prepare and understand the case study:

  1. Read and Examine the Case Thoroughly
    • Take notes, highlight relevant facts, underline key problems.
  2. Focus Your Analysis
    • Identify two to five key problems.
    • Why do they exist?
    • How do they impact the organization?
    • Who is responsible for them?
  3. Uncover Possible Solutions/Changes Needed
    • Review course readings, discussions, outside research, your experience.
  4. Select the Best Solution
    • Consider strong supporting evidence, pros, and cons. Is this solution realistic?

Drafting the Case

Once you have gathered the necessary information, a draft of your analysis should include these general sections, but these may differ depending on your assignment directions or your specific case study:

  1. Introduction
    • Identify the key problems and issues in the case study.
    • Formulate and include a thesis statement, summarizing the outcome of your analysis in 1–2 sentences.
  2. Background
    • Set the scene: background information, relevant facts, and the most important issues.
    • Demonstrate that you have researched the problems in this case study.
  3. Evaluation of the Case
    • Outline the various pieces of the case study that you are focusing on.
    • Evaluate these pieces by discussing what is working and what is not working.
    • State why these parts of the case study are or are not working well.
  4. Proposed Solution/Changes
    • Provide specific and realistic solution(s) or changes needed.
    • Explain why this solution was chosen.
    • Support this solution with solid evidence, such as:
      • Concepts from class (text readings, discussions, lectures)
      • Outside research
      • Personal experience (anecdotes)
  5. Recommendations
    • Determine and discuss specific strategies for accomplishing the proposed solution.
    • If applicable, recommend further action to resolve some of the issues.
    • What should be done and who should do it?

Finalizing the Case

After you have composed the first draft of your case study analysis, read through it to check for any gaps or inconsistencies in content or structure:

  • Is your thesis statement clear and direct?
  • Have you provided solid evidence?
  • Is any component from the analysis missing?

DOMESTIC VIOLENCE

INTRODUCTION 

Domestic violence is defined when victims including anyone, despite external identities which differ from citizen to citizen1. Domestic violence was initially known as wife abuse, Victims of domestic violence include: 

  • Spouses 
  • Sexual/Dating/Intimate partners 
  • Family members 
  • Children 
  • Cohabitants 

DATA 

The National Family Health Survey (NHFS) data shows that almost 30% of Indian women have been abused in some way or the other by their husbands at some points of their life.  

Thirty-one percent of respondents in NFHS (Round 3, 2005) – somewhat 20,000 women –complained that they were sufferers of domestic violence. Surprisingly, almost 75% did not look for assistance from anyone.2Instances of reporting to the police amplifies more than two folds when the cases of domestic violence are severe. Ergo, even then only 1.5% of women go to the police. 

The ethnographic data evinces, that of the women becoming the sufferers of severe atrocities – ranging from broken bones, bruises to burns – none approached the police to report violence except in one instance where a woman sought police help not for battery, but the abduction of her toddler son by her husband. 

Many have a sceptical attitude towards the working of police, that unless bribed they won’t work and that seeking police intervention would tarnish their reputation in the society. 

The extent to which women approached multiple sources of help is quite scanty. Of all women experiencing domestic violence, 26% seek help from at least one source, and 7% seek help from more than one sources. Many women in the rural areas continue to bear the atrocities inflicted upon them because they have nobody to rely on except for their husband, so they accept their fate and do not report to the authorities concerned. 

CONSTITUTIONAL RIGHTS 

  1. RIGHT TO BE FREE FROM VIOLENCE: 

Every citizen in the country has the right to be free from violence at any point in time. This is because everyone is equal despite age, colour, race, caste, sex. Everyone deserves a peaceful life. This right is applicable from women and children who undergo domestic violence as well. 

  1. RIGHT TO DIGNITY: 

The Constitution provides personal liberty to all persons. It includes, all the dimensions of life which makes a person’s life purposeful, complete and provides a reason for them to live.3 The human life has its reason and there is no reason why life should not be enjoyed with permitted legal pleasures. 

  1. RIGHT TO SHELTER: 

The need of human is different from that of an animal. For animals it is about the safe guarding of the body, whereas for a human being it is the residing The Constitution aims at fulfilling the development of every child.  The shelter does not have to satisfy the features of a luxurious houses, but it should be mud proof and fire proof. This is the basic shelter any being requires to run a life. The Court held that the right to shelter is a fundamental right to citizens of the nation and it was looked into Article 21 of the Constitution. The right to shelter serves as an vital right to make life function naturally.4 

WHAT REMEADY DOES THE LAW PROFFER? 

The Indian parliament was well cognisant of the quantum of atrocities faced by women. Hence, in order to put the kibosh on domestic violence, the protection of women from Domestic Violence Act 2005 was created. This act has the women and their concern in its fulcrum. Prior to the formulation of this exemplary piece of legislation, women had to approach the courts under IPC (498-A) which did not even make a mention of “domestic violence”. Further, the women had to leave the matrimonial place in fear of what might transpire out of retaliation by the husband. By the virtue of section 17 and section 19 of this act, women can continue to stay in the matrimonial house and file a complaint against the preparators, thus vanquishing the fear that the rural women had that where will they sojourn till any significant decision is taken. Fear of being homeless after filing the complaint against the husband was one of the driving forces of women not complaining the offence against the husband especially in rural areas.  Moreover, if the women decide on discontinuing to stay in her matrimonial home, then by the virtue of  section 6, the protection officer or a service provider (NGO) may request the person in charge of any shelter home and that person in charge is under an obligation to provide shelter to such aggrieved woman. The magistrate, after hearing both the parties, if comes to a conclusion that the domestic violence has taken place or is likely to take place, then he may pass orders of protection by the virtue of section 18.  

In the case of Sabita Mark Burges vs Mark Lionel Burges,5 the Bombay High Court ruled that the court may, if it deems fir, may pass orders directing the respondent from a shared household or the lone ownership  of a man, a man has no right to inflict violence on the violence he lives with and if such a misadventure occurs, he may be stalled form entering the premises to secure the person of the wife and children. However, an exception of this rule is found when the respondent is a female. 

Furthermore, unlike IPC which is oblivious of domestic violence, the DV ACT adduces an all-encompassing and exhaustive definition of the term under section 3. The definition is not limited to merely physical injury, but also sweepingly takes into account the emotional, economic, mental, verbal and sexual abuse. An important judgement comes of Gujrat HC which provided new dimensions to the definition of “domestic violence”, in Bhartiben Bipinbhai Tamboli vs State of Gujarat & others6 on 20 September, 2016. 

In the case of Smt. Haimanti Mal vs, The State of West Bengal7 on 09.07.2019. Calcutta High Court granted Rs.1,00,000/- as compensation to the wife for psychological anguish that she had gone through owing to the behaviour of the husband.  

Section 2(f) of the act defines domestic relationship. Domestic relationship relates to the relationship between two persons in which they stay in a shared household together, by the virtue of relation by marriage, blood, relation which is of similar nature to marriage, adoption or a joint family, thus the act includes but is not limited to the married woman, it also takes  into its shade the mother, sister, daughter live-in relationship etc. In the case of Sadhana V. Hemant8, Bombay High Court held that if at the time of filing of petition, the wife has already been divorced, there cannot exist any domestic relationship and, divorced wife cannot be entitled for protection under Domestic Violence Act. 

In the case of D. Veluswamy V. D. Patchaiammal9, the court recognised the status of women in live in relationships under the definition of “aggrieved person”. However, in the same case 5 key ingredients were laid down: 

  • Their demeanour must be such that they seem to be husband and wife and they must be recognized as husband and wife in the society. 
  • Both must be of valid and legal age of marriage. 
  • They must meet the qualification of entering into a matrimonial relationship. 
  • They must have cohabitated with consent for a significant time duration. 
  • They must live together in a shared household. 

Shared household has been more elaborately and unambiguously defined in the judgement of S.R. Batra And Anr vs Smt. Taruna Batra10, authored by M Katju, wife would be entitled to the possession of only a share household, a shared household, interpreted in the light of section 2(s) cannot be a property belonging to mother-in-law or father-in-law. it must be a property that the husband owns or has taken on rent of belongs to aa joint family of which the husband is a member. 

OBLIGATIONS OF THE GOVERNMENT 

Under section 8 of the herein mentioned act, the government must appoint a protection officer in each district. The number of such officers may vary in accordance with the need. Also, such an officer, preferably must be a woman 

Section 11 lays down the duties of the government. It speaks that the central and the state governments are duty bound to publicise the sections of this act in media through various conduits like T.V. radio, newspaper etc. at regular intervals in order to ensure that no woman stays oblivious to her rights. The central and state government officers must be given public sensitisation and awareness training. 

CONCLUSION 

To summarize, every citizen of our nation is equal as per the Indian Constitution, but unfortunately women and children are ill-treated. While the legislation has worked immensely well for the protection of women, extant poor implementation is still an issue. The protection officer is usually a part time officer or an incompetent officer who fails to do justice to the job. There is no provision in favour of male child. The legislation is highly women centric and is often exploited by cunning women, hence is often construed against the tenants of article 14. Providing such a superfluous definition of domestic violence can be used against men often times to persecute them. It also perceives that only women can be subject to domestic violence and turns a nelsons eye to the cases in which the men are aggrieved. 

PAKALA NARAYAN SWAMI V. EMPEROR AIR 1939

INTRODUCTION

Examination of accused defined under section161 Cr.PC is prevalently known as interrogation. The object of examination of witness u/s.161 CrPC is to generate the evidence before the court at the time of trial as per section 162. Further, these statements are beneficial for the court for framing the charge. Before trial commences copies of these statements recorded by the police should be delivered to accused without costing any charge. Confession is deliberate admission of fault by the accused person.

The term statement is not defined in the Code of Criminal Procedure but its dictionary meaning is the act of stating or reciting. Section 161 and 162, deals with the oral examination of witnesses by police, the record to be made of the statements and their use subsequently.  These sections authorize the police to examine witnesses during the course of an investigation. Any person who is supposed to be acquainted with the facts and circumstances of the case maybe examined orally and such statement can be used in court as an evidence after fulfilling required conditions. The words “any person” used in Section 161 (1) also include a person who maybe accused of the crime and suspects. This is held by the Privy Council in the case:  Pakala Narayana Swami v. Emperor.[1]

ABOUT THE CASE LAW

COURT OF JUSTICE: Bombay High Court

NAME: Pakala Narayana Swami vs Emperor

DECIDED ON: 19 January, 1939

CITATION: (1939) 41 BOMLR 428

BENCH OF JUDGES:  Justice Atkin, Justice G Rankin, Justice Porter, Justice Thankerton, Justice Wright

FACTS:

An appeal by special leave from a judgment of the High Court of Patna who affirmed the decision of the Sessions Judge at Berhampur who had convicted the appellant of the murder of one Kuree Nukaraju and sentenced him to death. The accused, his wife, his wife’s brother, and his clerk living at his house were charged with the murder before the Sub-divisional Magistrate, Chatrapur, in May and June, 1937. After hearing the evidence the examining Magistrate discharged all the accused holding that there was no sufficient evidence to support the charge. Thereupon the Sessions Judge, Berhampur, exercising his powers under the Code of Criminal Procedure, called upon the accused to show cause why they should not be committed for trial, and in July, 1937, ordered the present accused and his wife to be committed to the Court of Session to stand their trial for offences under sections of the Indian Penal Code 120B (conspiring to murder) 302 (murder) and 201 (causing evidence of an offence to disappear). At the trial the Sessions Judge acquitted the appellant’s wife of all the charges but convicted the appellant of murder and sentenced him to death. The appeal is based upon the admission of certain evidence said to be made inadmissible by provisions of the Code of Criminal Procedure and the Indian Evidence Act; and is further maintained upon the contention that whether the disputed evidence be admitted or not, and certainly if it ought to have been rejected, there is no evidence sufficient to support this conviction.[2]

It will be observed that “the circumstances” are of the transaction which resulted in the death of the declarant. In the present case the cause of the deceased’s death comes into question. The transaction is one in which the deceased was murdered on March 21, or March 22, and his body was found in a trunk proved to be bought on behalf of the accused. The statement made by the deceased on March 20 or 21 that he was setting out to the place where the accused lived, and to meet a person, the wife of the accused, who lived in the accused’s house, appears clearly to be a statement as to some of the circumstances of the transaction which resulted in his death. The statement was rightly admitted.

ISSUE:

It is now necessary to discuss the question whether the alleged statement of the accused to the police before arrest was protected by Section 162 of the Code of Criminal Procedure which provides [Sub-section (1)] :

No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police-diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made.

RELEVANT INFORMATION:

After giving powers to certain police officers to investigate certain crimes, the Code proceeds in:

Section 160, which gives power to any police officer making an investigation by an order in writing is required to take the attendance before him of persons who appear to be acquainted with the circumstances of the case.

Section 161, allows examination of witness by police.

SCOPE OF SEC.161 ( Cr.PC) STATEMENTS:

Recording of Statements of Witnesses: The Police Officer making an investigation should himself customarily inspect any person and record his statement during that investigation. However, in the cases where it is unfeasible, the Head Constable or the writer connected with the Police Station may record the statements of witnesses. In that case both the recording officer and the investigating officer should sign the statement recorded under section 161 (3) Cr.P.C. Under this section, administering oath or affirmation is not obligatory in an examination.

Here expression ‘any person’ includes accused also. Therefore, persons to be examined include whosoever may subsequently be accused of the offence in respect of which the investigation is made by the police officer. The person examined in the course of a police investigation is obliged to answer all questions put to him “other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.” Accused has got right to remain silent as he got ‘right against self incrimination’ as per S.161 (2) CrPC and Article 20 (3) of Indian Constitution. The person questioned is legally bound to state the truth. However, if a witness examined by the police does not give answers to the questions, he can be punishable u/s.179 IPC or if he gives false information, he can be punished u/s.193 IPC.

The statements of all witnesses (which are familiar with the facts and circumstances of the case and they may have to be cited as witnesses in the court) are desirable to be reduced into writing. The statement of each witness should be recorded separately. Statements recorded by Police Officers should not be in the indirect form of speech, as per Sec.161 (3) Cr.P.C. The language of Sec.162 Cr.P.C and S.145 of Evidence Act clearly point outs that the writing should be describable as a statement of the witness himself also it should be as nearly as possible, a complete record of what he has said. Sec.161 (3) Cr.P.C read together with Sec.173 (3) Cr.P.C clearly indicates that separate statements of all persons whom the prosecution proposes to examine as its witnesses should be recorded and copies thereof must be given to the accused before the instigation of the inquiry.

Evidentiary Value of statements recorded The statements recorded by the police u/s.161 CrPC are not evidence for prosecution. They can be used by the defense for oppose the prosecution witnesses. However, when the prosecution witness turns hostile with the permission of court, the Public Prosecutor can cross-examine that witness by using his Sec.161 statements to determine contradiction. But when Sec.161 statements falls u/s.27 or u/s.32 (1) of Indian Evidence Act, then those statements can be used by prosecution as an evidence. Sec.161 statements are not substantive evidence. Statement of injured witness was recorded as dying declaration but he survived, then such statement has to be considered as Sec.161 statements. But Sec. 161 statements can be treated as dying declaration if that person dies. Sec.161 statements cannot be used against the accused in criminal cases. They shall not be used for any purpose except to contradict a witness in the manner prescribed in the proviso to Sec. 162 (1). Under Sec.161 & Sec.162 Cr.P.C the Witness is not confronted with the statement. The Court cannot subsequently use the statement even for drawing any adverse impression against the witness. If thumb impression or signature is not obtained, such statements are fallacious. Signing of statement merely puts the Court on prudence and may necessitate in depth inspection of the evidence, but the evidence on this account cannot be rejected outright. Hindrance in examination of witnesses by police u/s.161 CrPC, if properly explained, is not lethal to the prosecution case

[1] AIR 1939 PC 47

[2] https://indiankanoon.org/doc/516808/

Human Resource strategies and Industrial Relation- case study

Abstract


A diversity of opinion exists about the definition, intellectual boundaries, and major premises of the
fields of human resources management (HRM) and industrial relations (IR). To help provide a
common frame of reference for discussion and debate on the symposium topic, I endeavor in this paper to flesh out a consensus position on these matters. The method used is largely historical. Based on a review of the origins and evolution of the two fields from the early 20th century to the present day, I
show that human resources (HR) up to the early 1960s was typically considered to be a subfield of IR.
In more recent years, however, HR has largely severed its links with IR and now is widely regarded as
a separate, sometimes competing and sometimes complementary field of study. In the last part of the
paper I use this historical analysis, together with a review of the literatures in the two fields and the
findings and conclusions of the other papers in this symposium, to identity both the commonalities and
differences that distinguish the two fields in terms of their approach to science building (research) and
problem solving.

Defining HR and IR


As described more fully in a moment, the fields of HRM and IR as both subject areas in
university curriculums and vocational areas of practice in the business world were born in
North America in the late 1910s to early 1920s. In the beginning a plethora of names were
used to describe this broad subject area. Names commonly encountered include employment
management, labor management, personnel management, personnel administration, labor
relations, industrial relations, industrial relations management, and employment relations.
The term ‘‘human resource management’’ was not used, as far as I can tell, but the more
general term ‘‘human resources’’ was already employed to connote the idea that the nation’s
labor input is embodied in human beings and represents a form of capital good that can be
augmented through various forms of private and public investment, such as education,
training, and public health programs (Commons, 1919, p. 129).During the 1920s certain of these terms gained ascendancy and others largely disappeared
and, at the same time, a consensus slowly emerged about their meaning and content. All of
these terms somehow dealt with work, employment, and relations between employers and
employees.

Commonalities and differences

Commonalities
Focus on employment and workplace issues.

Gives attention to management, unions, and government policy.

Recognizes the humanness of labor.

Seeks positive-sum solutions to labor problems.

Are largely applied, multidisciplinary fields.

Have normative blind spots.

Difference

HR emphasizes employer’s solution to labor problems; IR emphasizes workers’ and community’s solutions.

HR largely takes an ‘‘internal’’ perspective on employment problems/research; IR largely takes an
‘‘external’’ perspective.

HR’s primary goal is organizational effectiveness/efficiency; IR’s goal is a combination of organizational
effectiveness/efficiency and employee well-being.

HR takes a ‘‘instrumental’’ approach to promoting employee interests; IR treats employee interests as an largely
important independent end goal.

HR focuses on creating a unity of interest between employer and employees; IR focuses on mediating a conflict
of interest.

HR views management power as necessary for organizational effectiveness/efficiency; IR assumes management
power needs checks and balances.

HR assumes conflict not inevitable and can be minimized by management; IR sees conflict as inevitable and
requiring third-party intervention. HR sees management as primary contributor to positive employment outcomes and unions and government as
occasionally necessary but often burdensome constraints; IR also sees management as key contributor but only
if supplemented by strong unions and government legislation.

Conclusion


In the introduction to this essay I noted that a good deal of controversy and uncertainty exists
as to the definitions and intellectual domains of HR and IR as fields of study and how the two
fields relate to each other. Largely through an historical analysis of the two fields’ respective
origins and developments, I have tried to shed further light on these matters. My claim is that
HR and IR in North America both have common roots in the late 1910s and arose in
universities and the business world as a progressive reform movement aimed at increasing the
efficiency, justice, and humanity of the workplace. This progressive heritage still provides a
common ethos for people in the two fields, as exemplified by the continuing effort of
researchers and practitioners to craft better solutions to a host of employment-related problems.
The HR and IR fields are also distinguished, however, by numerous differences in their
approach to research and practice. When the fields were born in the late 1910s, three
alternative ‘‘solutions’’ (or strategies) to employment problems were advanced: the ‘‘employ-
er’s,’’ the ‘‘workers’,’’ and the ‘‘community’s.’’ HR and IR envision a role for all three, but
the emphasis differs. The HR field focuses on the ‘‘employer’s’’ solution of personnel/HRM,
makes increased organizational effectiveness the primary goal, and examines the role
management and HRM practices can play in this process. IR also considers organizational
effectiveness an important goal but emphasizes, in addition, the independent importance of
protecting and promoting the interests of employees. Hence, while IR views employers as an
important actor in the employment relationship, considerable attention is also given to the
workers’ solution of trade unions and collective bargaining and the community’s solution of
labor legislation and social insurance.

References

Arensberg, C., Barkin, S., Chalmers, W., Wilensky, H., Worthy, J., & Dennis, B. (Eds.) (1957). Research in
industrial human relations. Madison, WI: Industrial Relations Research Association.
Bakke, E. W. (1958). The human resource function. New Haven, CT: Yale Labor-Management Center, Yale
University. [Reprinted in part In: E. Wight Bakke, et al. (Eds.), (1960). Unions, management, and the public,
2nd ed. (pp. 173 – 177). New York: Harcourt Brace.].

Reward system In Organisation- Gasco industrial oil company.Case Study

Abstract

This paper looks at the influence of the reward and evaluation systems in GASCO industrial oil company. The paper introduced general information of the important of the reward and evaluation in company success. Moreover, how the policy of the workforce should be designed in the company for employee to understand it. GASCO designed an effective reward and evaluation system for their employee will be presented in this paper. Finally it will present some errors that obstacle the employee from getting the good performance during the evaluation process.

Introduction

Evaluation and reward system is the most important element of any organization to success and achieving the goals. The mangers of any organization private or public should consider that the employee is the power of the work, so they need effective system to motivate them to continue working in the organization. The system of evaluation and reward are different among the companies .There are a competition between the companies to create an effective system to attract a new employee to join them.

The successful evaluation and reward system should meet the employees’ need, so each organization should consider that in their planning. The important needs that employees are looking for it in the organization are safety, fair evaluation system, good environment and good amount of salary and bonds. GASCO one of the government companies that create a good planned system of evaluations and rewards which will demonstrate in this paper. Sometimes even a success evolution system has many errors that might oppose the effective of it, so the mangers should find solution for any of these difficulties.

Brief History of Gasco

Abu Dhabi Gas Industries ltd (GASCO) is one of the gas companies in AbuDhabi in the UAE. The company is managed by Mohammed Sahoo Al Suwaidi. It was established in 1978 which following the directive of late His Highness Sheikh Zayed Bin Sultan Al Nayhan. It was a partnership Company between Abu Dhabi National oil company (ADNOC) with the majority part of % 68, Shell and Total with %15 and Partex of 2%.GASCO is operating company which responsible for producing natural gases and associated gases from onshore oil production. ADNOC was completely owned GASCO in April 2001 and gave the whole responsibilities of controlling and operating the gases in Asab Plant. Now days GASCO become the largest operating gas in the world and the biggest and important oil industrial project in the UAE. There are four deserts plant that under control of GASCO, they are Asab, Bab, Bu Hasa and Habsan. All the GASCO’S four dessert transfer the gases that produced to a Ruwais Plant for continuing the process of the gases disruptions. Moreover, the product of gases which is producing from GASCO Plants are Methan (C1), ethane (C2), propane (C3), butane (C4), pentane plus (C5 plus) and produced liquid sulphur.

The GASCO’s vision is to be the most innovative and respected supplier of Gas and Hydrocarbons in the UAE. Also this vision focuses on main principles which include honesty, integrity, and respect for people with particular focus on health, safety and environment. The GASCO’s was directed by the manger Mr. Mohamed who realized to make the main goals clear for everyone who wants to join it. GASCO’s vision faced many challenging to implement it such as cultural change, changing in the workforce, and the industrial development, so he started to build a strong vision of GASCO from inside the company and focuses on the employee. He puts a strong strategy to lead the company to achieve the goals and become the most important company in the UAE. This strategy was consisted many procedures. First it was focused on team leadership and trained the employees by organizing a strategic and leadership workshop to develop their weakness and strength their performance. Second, focus on developing the customer service by improving the skills and capacities of the entire workforce which will support the stuff, technicians, operators, engineers and supervisors. Moreover, the workshops of customer service that will arrange by the company are focused on main concept which understand others and listen up. Finally, understanding the business and capacities of the entire workforce which will support the stuff, technicians, operators, engineers and supervisors. Moreover, the workshops of customer service that will arrange by the company are focused on main concept which understand others and listen up. Finally, understanding the business and operational environment in the workforce, so every employee according to his positions should understand important concept like engineers should be familiar with hydrocarbon chain. Also the financial managers should be familiar with finance operations and how the reward system works in the company. All these steps enhance the company performance and enable the company to be one of the most oil industries in the UAE.

Employee policy

GASCO is like any company that give an opportunity for qualified people to join working the in the company. The most important aim of GASCO is achieving strategic goal by giving opportunity for their employee to utilize their talent and abilities in attractive environment. The employee policy is set in clearly written and available for all employees to motivate, make the work environment attractive and more efficient. Human Resource is the most assets for every organization and responsible for setting the employee’s policy and se the system for evaluate or reward them. Also it supplied the manger with a good plan for improving the employee skill to strength them and keep record of their progress. HR’s policies are include conditions of the work, vacations and leaves of absence, salary administration ,allowances, rewards , evaluations development and health insurance.

Reward System

Reward system in the company is playing an important role to motivate the employees. Reward in business filed refer to a producers, rules and benefits that employee get for their works like salaries, allowances and health insurances. GASCO treat their employees fairly, honestly and providing them with healthy and safety environment in the workforce. The reward system in the company is very clear for every employee and written in clear way in the annual book for employee to let them understand how they will reward according to their job. GASCO’s reward system had many objectives and designed which are maintain a competitive salary level with comparable employers in the region, reward individual employees according to their performance in the work and refer the earning to the job and know differences in skills level.

The policy of salaries depends on the grade level of the employee’s position and the grade structure consists of 20 grades. The policy of company to pay equality and competitive salaries to attract, motivate qualified employee. Moreover, that will lead employee feel satisfy and fairly. The employee gets their salaried according to their performance and contribution toward the company success. There are two formal salary scales in GASCO one for UAE national and the second one for expatriates. It structures composed of two components basic salary and supplement allowances that depended on the employee’s grade level. In addition, there is a range of the salary that allows employee’s salary to progress over period depending on their performance, implement and achieving the company’s objective. There are other benefits that employee can have it like car allowances, housing allowances, educational assistance for their children and health insurance.

Errors of the evaluation system in the company

The manger in any company should be qualified and understand how to assess their employee. Sometimes there some errors that might happen during evaluating performance.

Recent Effect

This case might happen when the supervisor assess employee on the recent performance job instead of asses him according to his performance over longer period.

Contrast Errors

This error might happen when a supervisor start to assess the employee against each other’s instead of comparing them according to slandered performance. This way will confuse the employee of understand the requirements of the jobs and how they achieve the objectives or not.

Ratting Patterns

This error might happen when the supervisor tend to rate all employee with the narrow range and everyone looks average. This is not effective because he should identify the weak and strong performing employee.

Conclusion

It was clear that how the reward and evaluation systems influence the company achievements. The mangers play the important role to set an effective policy of his company and how he can realize the employee stratifications. GASCO has a good reward system that motivate and interactive any qualified employee to join them. Also it was set a clear evolution procures that will help their employee to develop their skill and perform in a high slandered. All that understanding of the employee needs and how they motivate and feel fairly in workplace will help the company to success and be the most important company like GASCO’s achievement.