Tag: humanity

“The Funny boy” – A Homosexual Novel of searching identity

“For me, growing up, I felt like there was something fatally and tragically flawed in my nature and that it was my duty to try to avoid falling for that vice”.

– Shyam Selvadurai

Certainly, we all as a human, face some sort of battle within ourselves, might be towards our identity or maybe our existence. The worst crisis any human can face is the crisis within him/herself. It is one of the dangerous crises any person goes through, and this is what the author Shyam Selvadurai had gone in his own life which he portrayed in the novel “Funny Boy” through the main protagonist “Arjun” aka “Arjie”.

The Funny Boy – A Background :

The novel evidently sets in the early 1980’s at the consequent of Sri Lankan civil war, which showcase us the disputes and riots of Tamil – Sinhalese Historical enmity towards each other. The novel is divided into 6 chapters, in which every chapter has its own uniqueness which makes the novel more explicit.

The 1st chapter, “Pigs can’t fly”, begins with the Naïve life of the main character Arjie and his reminiscence of his childhood days, where he presents his own baffled thoughts of his own existence of, he being “Different” from other boys of his age. He was anxious and felt that his interests in playing with dolls and girls is a taboo for society whereas playing cricket will make him an ideal boy in the society.

“Life is full of stupid things and sometimes we just have to do them”, Arjie’s Amma says this to him when he refused to play with boys and instead, he likes to wear saree and play, “bride- bride” with his female cousins.

 This shows us how this chapter portray us that our society is prejudice towards the gender norms in which all of us are distributed. In one of the incidents when the relatives of Arjie saw him wearing a saree , made him a center of laughter and mocked him by saying him “ Funny”, through which the author tried to showcase us that the third Gender in our society is considered as unethical or as a clown which is irrelevant to the society, namely the title of the chapter “Pigs can’t fly’’, presents us how people in our society don’t accept the people who belongs to the third gender as according to them, pigs represents the people who are transgenders or gay like Arjie are breaking the norms of the culture.

“Any war, riots or a sense of violence happens within the human minds, and politically, language and cultures drift us apart sometimes to establish a war”, this quote is well explained in the second chapter “Radha Aunty”, where this chapter explains us how casteism becomes a hurdle, when people fall in love.

They say that “If two people love each other, the rest is unimportant.”

“No, it isn’t. Ultimately, you must live in the real world.

And without your family you are nothing.”

The Funny Boy

By this quote, the author explains us the tragic love story of Radha Aunty and Anil Uncle who wanted to get marry, but the enmity and disbelief in both the communities of Tamil and Sinhalese made them apart! Indeed, this tragedy is obvious to show us the situation of the Sri Lankan civil war and the rules in which people were abused to be in. Incidents of Radha Aunty where she was brutally attacked by 2 Sinhalese people show us how threatening Humans were demons for each other.

“See no evil, hear no evil”, is the chapter 3 where show us one more Tragic incident happened with “Daryl Uncle”, we can say that the novel has a theme of failed love relationships, casteism, hatred, war, and disputes, as this chapter encloses about the incident of how Daryl uncle died or rather got murdered. It portrays us how violent was the time in columbo when the Journalist like Daryl uncle was abused and murdered.

In chapter 4, “Small Choices”, we get to know about Arjie’s feelings for the male character Jegan, who came to work in Appa’s hotel. This is the chapter where Arjie started to know about his identity but hide from the outer world as it was against the norms, which Arjie felt his feelings for men is Immorality. This chapter also counts about Anti- Tamilians and how these community was making a life miserable for the innocent people of Columbo.

Often, we know who we are, what is our identity, but because of the taboo inflicted in the society, we escape from our originality and behave as how the society wants to picture us. This is what Arjie was doing to be a normal ideal boy, but somewhere he was an abnormal boy (according to him) because of his gay feelings for the character Shehan in chapter 5, “The Best School of All “show us. When Arjie fell in love with Shehan, his perception for life and his ideology of his identity changed when he met shehan and shehan removed all the perplexed thoughts floating in the minds of Arjie. Shehan made Arjie realized that “We should ultimately know who we are! We should not hide identity from ourselves”. This is what made Arjie realize that he should respect himself and his identity. This was the chapter where he was not afraid of who he was and his sexual desires for Shehan was totally legit. In this chapter, Arjie was proud to be himself as a gay and his love for Shehan was compatible.

In “Riot Journal: An Epilogue’’ is the last chapter where Arjie wrote a journal on the effects and incidents of riots and its impact how ruined his life and lost his parents. The books end in a dismal and with a sense of alienation of Arjie and the tragic feelings inculcated and made him hollow.

Funny Boy – A Novel to explore one’s own identity !

Still unending war a human faces within himself/ Herself when it is about recognizing one’s own identity. We Humans have a psychology of hiding our real personality infront of other humans which is basically due to the age old cliché ideology of “Acceptance in the society”, due to which people hide there real self.

As Humans, we live in society and communities in which we have an urge of desire that we need love, cherishment, respect and acceptance in return, thus when we don’t get it we realize we are different from others, which ultimately makes us feel that we are an outcast from our society. so, as a part of community we behave as the world wants us to behave.

Whereas, “The Funny Boy” is the best novel of all which provides you that particular kind of Catharsis if you not aware of yourself!

So, a personal recommendation to the Bibliophile out there , Go check this Book which is not only a homosexual novel, but a novel which is Heartening and will open your insights to understand your real self.

Synthetic Intelligence: Is it the new 7th kingdom?

From watching ‘I am mother’ to binging ‘Is the world going to be invaded by robots in the future?’ at 2am in your bedroom, the human mind has always weighed the possibility of synthetic intelligence taking up human roles in the near future. Even though I may be a tech person, somewhere in the least of my concerns, there is a red light that blinks whenever I come across such content. So is this red light just a jitter or does it scream the doomsday of humankind?

Spoiler alert for the book ‘Origin’!

If you have read the book ‘Origin‘ by the renowned author Dan Brown, then you may have been horrified when you reached the climax. The synthetic intelligence product Winston, much like our present-day Alexa and Google Assistant, but way advanced, plots and kills it’s own creator. Now, the twist here is that Winston did nothing but what it was said to do. Yes! Shocking right?

The only disturbing fact is the lengths it goes to execute that command. Because, unlike humans, they don’t have a way out. They are programmed to carry out a task and do whatever it takes to do it. The factor of unpredictability or ‘escape’ doesn’t exist here. But humans use it all the time. My job stresses me too much? Quit it! I’m unable to concentrate on online classes? Then don’t! Scroll Instagram!

Yin-Yang symbol and synthetic intelligence
The yin-yang symbol represents order and chaos

The human mind strives to maintain order. It does not like chaos. So it eliminates negative outcomes/thoughts automatically. If you don’t believe it, then think about the fear that would engulf each person if they consider the fact that the probability they could die right now is 4%. Maybe this is what makes us humans. The ability to accept failure. The ability to ignore problems and take a positive outlook. The ability to expect good from everyone.

Humanity and synthetic intelligence

The chances that synthetic intelligence could be the 7th kingdom is definitely high. Statistics don’t lie. But that doesn’t mean its judgement day for humankind. It took million years of Darwinian evolution to end up to the species that we are now. All the fetish around synthetic/artificial intelligence, Iot and automata was formed within a few decades. For these intelligences to reach human maturity it could take a million more years. Until then, it is safe to say that you needn’t worry about sci-fi documentaries or films that romanticize robot invasion.

I hope I’ve given you enough to think about for the day. Here is a quote to conclude the post, which ironically was the inspiration behind it.

One machine can do the work of 50 ordinary men. No machine can do the work of one extraordinary man

-Elbert Hubbard

 

 

 

 

 

 

 

Coronavirus's Impact on Mental Health

Coronavirus has put the world into a stage it has never seen before – where all activity has to be done without human contact, which is a staple of life. Even though the strict lockdowns have started to ease up and life is gradually coming back to normal, we must acknowledge the impact the pandemic has had not just on people’s physical health and daily routines but on their mental health.

Withdrawing from all social interaction and using electronic gadgets for performing the most basic tasks, as well as the inevitable immobility that accompanies a lockdown, has taken a toll on people’s mental health. Additionally, most people have experienced the effects of the global economic recession which has worsened their condition. A KFF Health Tracking Poll from July 2020 found that many adults are reporting specific negative impacts on their mental health and well-being, such as difficulty sleeping (36%) or eating (32%), increases in alcohol consumption or substance use (12%), and worsening chronic conditions (12%), due to worry and stress over the coronavirus.

There are certain groups that are disproportionately affected by this: the people with low incomes or unstable jobs, and people that have lost close ones to the coronavirus. It is incredibly difficult to be high-functioning in such a scenario which is why many are resorting to substance abuse, because even mental healthcare is inaccessible.

In a situation like this, we must realize that we cannot be as harsh with people as we could before the pandemic. Being productive in such a gloomy and confined atmosphere is difficult, and this is the time in which everyone should stand together in solidarity against the virus and understand each other’s misgivings.

Random Acts of Kindness

Humanity has gone down a downward slope over the recent years because of the growth of consumerism and capitalist selfishness. Being considerate of the welfare of others is almost an anomaly, especially in urban environments where the concepts of privacy and individualism have eroded the natural human instinct to care for fellow human beings. 


In such a scenario, we must take it upon ourselves to be kind to others and to not let our lives turn into a crude competition of self-service. Every act, every gentle word and every tangible contribution to someone else’s life with no desire for self-enrichment is a way to regain the lost selfless character of humanity. 

This random acts of kindness day, we should all pledge to go out of our way to aid our fellow human beings in any way we can. This can be done through helping our someone with their work, donating to the underprivileged, helping an old woman cross the street and so many other ways! Even the smallest contribution to someone else’s life will not just enrich their life but have a softening impact on our own character. To do so is a favor towards humanity and to ourselves. 

Must Do activities for College Student

As a college student and a teen you are at the most important entropy peak of your life, because it’s the turning point moment in your life where you can, build the best version of yourself and excel in life.

So for doing that there are lots of ways and methods to do that but the basic things which we can add up in our daily life routine and it will definitely proved to be an asset in your life.


1. Planning The Day.

At this young age we mostly focus on enjoying life and not taking thing’s seriously and we end up wasting lots of time. So have a fixed sleeping routine, plan your Daily work schedule and stick to it. Because this will not only make you productive but also saves lots of time to enjoy, because enjoying is also necessary for healthy and happy life.

2. Daily Exercise or Workout 

It is mandatory for everybody to exercise daily, whether its Gyming or doing Yoga thats your choice. Because for working productively you need to be healthy. So, try to sleep early at night and wake up early in the morning, so that you can complete your exercise at morning it will be better, otherwise its your choice but perform your exercises daily.


3. Gain Knowledge, Out of your syllabus.

It means that don’t only stick to the college course material, follow your passion and work on it by taking help of books, articles, journals, online courses, etc. Because it will not only make you happy but also provide you a special recognition in your group.

4. Real Life experiences 

Try to gain some real life experiences by others people experiences, they can be your family members or someone unknown to you. Watch various Podcasts, interviews etc. This will help you tremendously in your personal and Professional life both.

5. Be Socially active

Don’t be the book worm always. Divide some time to your activities, be socially active and available to people around you by various social media sites like LinkedIn, Facebook, Instagram, etc. This will help you being connected with others and also let you updated with whats happening in the world amd also let you aware of different opportunities .

6. Be Spiritual 

Now with this, I mean that you should believe in the different kinds of energies around you, whatever the from may be that’s your choice and be thankful for what you have in life. Because it will help you in being happy from inside and makes you a humble person, who is free from problems like stress, anxiety in life.

That’s it!, these are the must do things which will help us develp ourselves and a happy environment for society.

Thank You 🙂

 ॐ नमः शिवाय

Article Written by: Ratan Kumar Ojha

Humanity against terrorism!…

A few days back I watched a movie named “Hotel Mumbai”. It was about the 26/11 terrorist attacks. It portrayed it well how it happened and how Indian forces fought to keep the people safe. Over 1700 people were rescued in the operation and 100 lost their lives out of which 17 were hotel employees who sacrificed their lives to keep guests safe. It showed the terrorists taking orders on the phone and their handler in the neighbouring country controlling the situation watching Indian news.
It made me wonder how is this possible, how they can reach in without getting caught. The terrorists were late teenagers who were sent after brainwashing them in the name of god. We hear such incidents every year and in every part of the world. Some people connect terrorism to a particular religion. But it cannot be true. Terrorism has no religion. No religion teaches to kill innocent people. But yes few evil minds use religion as a weapon to brainwash youths. Our nation has always been an example in front of the world. We showed the world even if our religions are different, still, we live together happily.
Every nation has both good and bad kind of people. It’s always the battle of good against the evil. Thousands of soldiers around the world get killed because of terrorism. Terrorism is a parasite who’s sucking humanity out of the world. These terrorists are not always foreign invaders. The fact is they can’t plan an attack without internal support.
Now someone will say we can end it. If will kill all the terrorists around the globe, we can kill terrorism. But killing all the terrorists will help? It will help to a larger extent but it won’t eradicate terrorism. If you kill one, his son will take over and carry out terrorist activities. It’s all about the mindset. Everyone should feel the need for peace. Right from the school-age, we need to bombard students that picking up a weapon will not help at all. Peace is the ultimate truth. If we fall for such traps, we will end up destroying ourselves. We need to remind ourselves that we are humans and there is a thing called humanity. As a human, it’s our major duty to keep humanity alive.

Survival is for all!…

Today I went outside to buy some groceries. Somewhere on the road, my bike lock stopped working. So I went to a key repairer on the corner of the road. The key maker was working with my lock and I was just wandering looking here and there.
There was a city public health centre beside the key maker shop. There was a bench outside of it for the patients. I heard some sound coming under that bench. A few moments later, a puppy came out. It was him making the sound. He was struggling to walk but he was trying hard. Then I saw that he was walking with only two front legs. He was just dragging his back legs along with him. I saw his legs, his back legs were totally damaged. Some monstrous creature called human drove their bike over his legs and left him there to die. The puppy must have been in so much pain. But his struggle to survive was still on. He was just wandering here and there making sounds. After a while, two kids came there. They might be 7-8 years old. They came, parked their bicycle and then went to the dog. I saw them carrying a bag with milk inside. The dog was trying to run away and hide under the bench. The kids sat down there and opened the bag of milk. A few moments later, the puppy came outside and began to drink the milk. The puppy looked so hungry as he finished the milk in a few minutes. Later the kids were caressing him making the puppy feel comfortable. One of them was trying to help him stand along with his back legs. They were giving a massage, holding him to stand up. They were doing everything just to make him stand on his four legs. But the puppy couldn’t make it. But one thing was sure that the puppy felt safe in their company.
This incident left me in a dilemma. I saw two sides of human, one the so-called human who ruined the puppy’s legs and ran away and the second one is those kids who were trying hard to make him survive. So now I’m stuck in a question mark that which side we humans belong. I had a dog with me for 12 years so I felt this incident too close to my heart and it made my cry. We every day here such incidents where a person throws a dog from the bridge, make cow eat plastic with food inside and the worst case where they made a pregnant elephant eat food which had crackers. Such incidents make me question our existence. Are we really a human?
God created everything and every one of us. He created humans, plants, animals to live. God has given every living creature a right to live. But we humans try to snatch this right from animals who can’t express themselves. Firstly, we took their houses with this concrete jungle. Now even by mistake, we have an encounter, we make all the efforts to kill them. They also have the right to live. They just expect you to let them live. Forget about affection and love but least you can do is to make them live. We, humans, shout out loud when a tiger enters the city and kill someone. People come on roads demanding to kill the tiger. But if any human does this to an animal, no one blinks an eye. Few animal activists try to come forward to get justice for the animal. But nobody notices them and the case gets automatically closed. Do you really think nature will let us survive for long this way? Nature gave place for everyone to survive and if anyone disturbs it, nature will revert back sooner or later. So now it’s up to we humans how long we want to survive!…

HUMANS OVER GENDER.

Today, homosexuality and queer identities may happen to be acceptable to wider Indian youths than ever before, but in the confines of family, home, and school, recognition of their sexuality and liberty to openly display their gender preferences prevail to be a constant conflict for LGBT (lesbian, gay, bisexual, transgender) people. On September 6, 2018, India’s Supreme Court ruled that consensual homosexual acts would no longer constitute a crime. The historic move changed Section 377 of the Indian Penal Code which was a legacy from British colonial control. The difference was welcome by Indian and global LGBTQ+ populations being progressed towards consent and equal rights, but nearly two years following the passing of this order, what is the status of LGBTQ+ titles in India?

Several people encounter harassment and bullying, and to avoid shame and brutality they oftentimes skip classes or drop out of school entirely. Most teachers are not qualified or allowed to acknowledge to anti-LGBT bullying, so in several circumstances, they don’t. In some situations, they also join in harassment. The ‘LGBT’ stands for lesbian, gay, bisexual, and transgender. A lesbian is a woman interested in another woman. Gay is applied to indicating men who are interested in other men. Bisexual means that a person is interested in more than one gender. A transgender person is someone whose gender status differs from that one person was indicated at birth. Being different arises with its difficulties and the LGBTQ community perceives this extremely well. As people do not realize their way of life, it becomes quite tough for them to presume their lifestyles.

Modern research noticed that one of the main factors that occur in the branding of LGBT people is a familial attitude towards homosexuality. This research continues to reason that most LGBT people are allowed in the family simply if they accept to act like heterosexuals. In a culture-bound on a rigorous set of civil and social norms that decree the terms and conditions of education, profession, and wedlock, the loss of parents’ support can prove to be a huge setback to the mental and physical well-being of LGBT people. Separation and stress to conform usually drive to despair, thoughts of suicide, and psychosomatic diseases. Several of them prefer to migrate to a different city to stay aside from the extensive demand to marry and start a family.

Families that accept their identities set multiple limitations in the method they prefer to try different outfits and communicate with their partners. In the loss of parents’ support, online crowds and social media have allowed easy options to build an alliance outside of the family. It’s time for people in India to argue on the matter of homosexuality. Civic knowledge and sex education for all should hold the bottom line to resolve the sexuality regulation and to build empathy and respect for India’s homosexuals. If India wants to be acknowledged globally as an democratic country, then it should finally improve or the prejudicial law so that the neglected homosexual community can be liberated at least.

Humanity no more!…

In the dense forest of kambini national park, there lived a tigress called maya with her a year old cub zilmil. Maya was agile and strong tigress with long teeth and a beautiful pattern on her body. She ruled her territory like a queen. Zilmil was a female cub,just a replica of her mother. Maya used to teach her hunting and watch her struggle while attempting it. Both were happy together. Zilmil used to play with her mother, dance on her body and maya used to appreciate it by licking her. There was so much love in between them.
One day, hunters came into the jungle. Maya was aware of the fact that this day would come in her life for once. But zilmil was her priority. So she hides her behind bushes and goes in front. The hunter was pointing his gun towards maya. But she looked fearless. At that moment, she was not just a tigress but a mother with a fire within to protect her kid. Maya jumped furiously towards the hunter. But before she could attack, the hunter shot her down with a bullet. The hunter’s assistant asked him,’How did you do that?’. “Hunting is bread for me and enjoy killing them” he replied with a devil’s smile.
As zilmil saw her mother down in pain, she tried to attack the hunter jumping on him. But she was just a kid. The hunter grabbed her in one hand and shot her. Now both of them were down and took the final breath.
When Maya and zilmil reached the heaven, Zilmil asked maya, “What was our fault maa?” “We believed they are humans”, she replied.

Environmental Law Principles adopted by India

 

The Indian courts have successfully adopted specific environmental law principles from international environmental law jurisprudence and have combined a liberal view towards ensuring social justice and the protection of human rights. These principles have been incorporated in the Indian environmental jurisprudence and play a key role in decisions of judges even when not explicitly mentioned in the concerned statute. The principles of Indian environmental law are resident in the judicial interpretation of laws and the Constitution, and encompass several internationally recognized principles, thereby providing some semblance of consistency between domestic and global environmental standards.

 

1. Precautionary Principle:

 

A new principle for guiding human activities, to prevent harm to the environment and to human health, has been emerging during the past 10 years. It is called the “principle of  precautionary action” or the “precautionary principle” in short. This principle is controversial and its definition varies in terms of viewpoint. Environmentalists and consumer advocacy organizations that demand bans and restrictions on industrial practices or products would want policy-makers to take no action unless they would do no harm. States and advocates of economic development argue that the lack of full certainty is not a justification for preventing an action that might be harmful.

 

In India, for the first time in Vellore Citizens Welfare Forum v. Union of India , the Supreme Court explicitly recognized the precautionary principle. as a principle of Indian environmental law. In S. Jagannath v Union of India (Shrimp Culture Case), the Supreme Court Bench headed by Justice Kuldip Singh required the authority to deal with the situation created by the shrimp industry and issued remedial directions consistent with the precautionary and polluter pays principles. In A.P. Pollution Control Board v Prof M.V. Nayudu, the Court drew out the development of the precautionary principle in clear terms.

 

In the Narmada Bachao Andolan v Union of India, the Court explained that:

When there is a state of uncertainty due to the lack of data or material about the extent of damage or pollution likely to be caused, then, in order to maintain the ecology balance, the burden of proof that the said balance will be maintained must necessarily be on the industry or the unit which is likely to cause pollution.. Refusing to apply the “precautionary principle” used in cases dealing with inherently polluting activities such as heavy industries, the Court accepted the contention of the respondents that the project would have a positive impact by arresting the ecological degradation presently taking place in the drought-prone areas of Gujarat and Rajasthan, leading to sustainable agriculture and spread of green cover. The generation of hydropower would avoid the air pollution that would otherwise take place by thermal generation.

 

The movement towards adopting the precautionary principle has definitely widened the scope of corporate accountability, but the interpretation taken by the court mitigates the relevance and incorporation of this principle in Indian Jurisprudence.

 

2. The .Polluter Pays. Principle:

 

The Supreme Court with the introduction of the principle of absolute liability in M.C Mehta v Union of India calculates environmental damages not on the basis of a claim put forward by either party, but through an examination of the situation by the Court, keeping in mind factors such as the deterrent nature of the award. . This rule has been endorsed in Indian Council for Enviro-Legal action v Union of India and Vellore Citizens welfare Forum v Union of India. However, the Supreme Court held recently that the power under Article 32 to award damages, or even exemplary damages to compensate environmental harm, would not extend to the levy of a pollution fine.

 

3. Sustainable Development and Inter-generational Equity:

 

In Narmada Bachao Andolan v. Union of India43 it was observed that: Sustainable

development means what type or extent of development can take place, which can be sustained by nature/ecology with or without mitigation.. Earlier in the Vellore Citizens Welfare forum v Union of India , the traditional concept that development and ecology were opposed to each other was rejected and sustainable development was adopted. In the Taj Trapezium case this principle was accepted and again it was said that development of industry is essential for the economy of the country but at the same time the environment and ecosystem has to be protected.

 

In State of Himachal Pradesh v. Ganesh Wood Products, the Supreme Court invalidated forest-based industry, recognizing the principle of inter-generational equity as being central to the conservation of forest resources and sustainable development. In the CRZNotification case 46 the courts carried forward the concern for sustainable development by expressing its concern at the adverse ecological effects, which will have to be borne by future generations.

4. Public Trust Doctrine:

 

The  Public  Trust  Doctrine,  evolved in M.C. Mehta  v.  Kamal Nath,  states  that  certain common  properties  such  as  rivers,  forests,  seashores  and  the  air  were  held  by  Government  in  Trusteeship  for  the  free  and  unimpeded  use  of  the  general public. Granting lease to a motel located at the bank of the River Beas  would interfere with the natural flow of the water and that the State Government had  breached  the  public  trust  doctrine. The Supreme Court enunciated Professor

Joseph Saxs doctrine of public trust in this case to further justify and perhaps extract state initiative to conserve natural resources, held that the state, as a trustee of all natural resources, was under a legal duty to protect them; and that the resources were meant for public use and could not be transferred to private ownership. This doctrine was further reiterated in M.I Builders Pvt Ltd v Radhey Shyam Sahu.

Doctrine of Notional Extension under the Workmen Compensation Act, 1923

 

There is no problem in detecting that the accident occurred in the course of employment when a workman is injured in the working place and in the working hour and doing his duty. The problem arises when these elements do not coincide together. But a workmen if injured just near the work premises or just before joining the work or in the way to work problem arises. To address this kind of problem and giving some kind of relief to the workmen the theory of notional extension evolved.

“As a rule, the employment of a workman does not commence until he has reached the place of employment and does not continue when he has left the place of employment, the journey to and from the place of employment being excluded. It is now well-settled, however, that this is subject to the theory of notional extension of the employer’s premises so as to include an area which the workman passes and repasses in going to and in leaving the actual place of work. There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employer’s premises. The facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this theory of notional extension.” 

Wider interpretation of duty:

Court has given a wider and popular meaning of “duty” to expand the scope of this section. The court also talks about the service contract to determine which can be come under the preview of this section. Justice Cozens-Hardy M. R. said “……… it was an implied term of the contract of service that these trains should be provided by the employers, and that the colliers should have the right, if not the obligation, to travel to and from without charge.” In the next case the court has interpreted the term “duty” in stricter sense.

In Weaver v. Tredegar Iron Coal Co.  House of Lords after examining a large number of authorities given a wider meaning of “duty” but did not negated the duty test.In this case lord Atkin said that there can be no doubt that the course of employment cannot be limited to the time or place of the specific work which the workman is employed to do. It does not necessarily end when the “‘down tools” signal is given, or when the actual workshop where he is working is left. In other words, the employment may run on its course by its own momentum beyond the actual stopping place. There may be some reasonable extension in both time and space.” Lord Porter further said that if an accident occurs while coming to the workplace or leaving the place can be out of and in the course of employment if he is bound by the way he proceed under the terms of the contract of service express or implied. Here duty test was confirmed.

Expanding the preview of Service Contract:

In St. Helens Colliery Co Ltd v. Hewlston  the court said that the injury did not occur in the course of employment because the employee was not bound or obliged to travel by that special train and he could have taken other transport. If he were bound by the service contract to travel by that train then it would have been in the course of employment (Lord Buckmaster). It was also added that if the place of work is like that there is no alternative means of transport other than the transport given by the employer then it can be concluded that there is an implied term in the service contract to use that transport (Lord Atkinson). The same view was taken in Mackenzie v. I.M. Issak says that a workman in a colliery is not in course of his employment while using the transport of the employer if he is not bound by the terms of the contract to travel by that transport.

There was a particular situation where employee has to take bus service to reach his workplace from home and vise versa. It was necessary for doing his duty efficiently and punctually which was a condition under his service  . So, travelling in that bus was an implied condition to his duty. It was also said that this doctrine was developed to cover the factory, workshops and harbors but it can be applied in this kind of situation also. Compensation was granted holding that the accident arising in the course of employment. Though the court said what would be the indicator that when the work starts and ceases that depends on case to case basis.

In Union of India v. Mrs . Noor Jahan  a railway gangman was ordered by his employer to go to another place for cleaning and in the way from one place to another accident happened. Justice Sukla observed that the accident has occurred in the duty hour and when he was going to do his duty on behalf of his employer and he concluded that the accident has occurred in the course of his employment.

Public Place and this Doctrine:

There are some situations where this doctrine does not apply. When a workman is on the public road or public place and not there for fulfilling the obligation and his work does not make necessary to be there. The proximity of the work premises and spot of accident become immaterial. The notional extension of the place of work cease when workman come to a public road. There were some clarification made in the next case in this matter.

In Saurashtra Salt Manufacturing Co. v. Valu Raja  Justice Jafer Imam said that,

“It is well settled that when a workman is on a public road or a public place or on a public transport he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment makes it necessary for him to be there. A workman is not in the course of his employment from the moment he leaves his home and is on his way to his work. He certainly is in the course of his employment if he reaches the place of work or a point or an area which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation for any accident happening to him.”

Laws that a layman should know about

 

Indian Constitution has provided several rights to the people to protect their fundamental rights, but unfortunately, most people are not aware of their rights. Below are some laws and the rights which not only protect people’s interests but also ease their daily life.

1. If your cylinder explodes you are entitled to Rs. 40 lakh cover!

Many of us are unaware that domestic LPG consumers are entitled to a cover of Rs. 40 lakh in case of loss of life or damage to property due to cylinder explosions.

2. Penalised for receiving gifts? Yes, they can be bribes.

It has become a tradition for companies to send gifts! As these gifts can be carefully veiled bribes, the law is a smart move by the government to avoid situations of bribery.

3. Only female officers can escort women to the police station

Not only do male officers have no right to escort a woman but she can refuse to go to the police station between 6 pm to 6 am. In case of a serious crime, a written permit from the magistrate is required for male officers to escort her.

4. The tax recovery officer can arrest and release you

In case of tax violations, the TRO has the right to arrest you, though a summon has to be sent. The tax commissioner only decides how long can you be in custody, but your release will be decided by the TRO. This has been mentioned in the Income-tax Act, 1961 .

5. No traffic violation laws for non-motorised vehicles

Though it has been clarified that a golf cart is not allowed on the road but there aren’t any penalties against non motor vehicles like a cycles or rickshaws, since they don’t fall under the Motor Vehicles Act.

6. Women can lodge complaints through emails

Guidelines issued by the Delhi Police entitle women to the privilege of registering a complaint via email or even through post if she can’t go to the police station.

7. Live-in relationships are not illegal

Though it is frowned upon in our country, but as long as both the adults are ready to stay together, live-in relationships are not illegal. Moreover, live-in relationships are considered to be ‘equal to marriage’ if certain conditions are met few of which are pooling of financial and domestic arrangements, entrusting the responsibility, sexual relationship, bearing children, socialization in public and intention, conduct of the parties, etc. This is done to protect women under the Domestic Violence Act. Also, children born out of live-in relationships have the right to inherit their parent’s property.

8. Political parties can solicit your vehicle during elections

During the time of elections, a political party can solicit your car or bike for campaigning purposes after deciding a settlement with you. Also, parties cannot offer free rides to and fro from poll booths.

9. If you have been fined once in the day you maybe excused after that

Riding around without a helmet can land you into trouble, but once you are fined for it, the chalaan slip can get you out of being fined for the same till midnight. Yes, but this is not an encouragement to do so. Be safe while driving.

10. You don’t have to pay the MRP, you can buy for less

MRP is the Maximum Retail Price. As consumers, you have the right to bargain for a price below that. However, a seller can not go beyond the MRP.

11. If you aren’t paid, file a complaint immediately

The Limitation Act states that if you aren’t paid by someone who is contracted to pay you, you need to file a complaint within 3 years. After that time period your suit most likely will be dismissed, so being lazy about this is not an option.

12. 3 months in jail for PDA! (Public Display of Affection)

PDA within its limits is allowed but any obscene activity is punishable by law for upto 3 months. Since the word obscene has not been defined, couples are often harassed by policemen.

13. Head constables have limited prosecution power

No head constable can fine you for any offence which has penalty more than 100.

14. A police officer is always on duty, literally

The 1861 Police Act clearly states that a police officers is always on duty. If he or she witnesses an act of crime or if an incident is brought to their knowledge they can’t say “I am not on duty” even if they aren’t in uniform. Of course, they are entitled to some rest because of the the hard work that they put in to their work.

15. The no sex divorce

As funny as it sounds, if a husband or a wife refuse sex post marriage, it can be deemed as ‘mental cruelty’ and is a viable reason for divorce.

Concept of Delegated legislation

 

Definition:Black’s Law Dictionary defines ‘Delegation’ as ‘the act of entrusting another with authority or empowering another to act as an agent or representative’. E.g. Delegation of Contractual Duties.

‘Subordinate Legislation’ has been defined as:

“Legislation that derives from any authority other than the Sovereign Power in a state and that depends for its continued existence and validity on some superior or supreme authority.”

Salmonddefines – “Subordinate legislation is that which proceeds from any authority other than the sovereign power, and is therefore dependent for its continued existence and validity on some superior or supreme authority.”

Delegated legislation is, at times, referred to as “Ancillary”, “Subordinate”, Administrative Legislation or as Quasi-Legislation”. Delegated legislation is a technique to relieve pressure on legislature’s time so that it can concentrate on principles and formulation of policies.

 

Essential characteristics of Delegated Legislation:

· The rules should contain short titles, explanatory notes, reference to earlier amendments, etc. for clear understanding.

·     No extra-ordinary delay shall occur in making the subordinate legislation.

·   The administrative authority should not travel beyond the powers given in Parent Act.

·      Essential legislative functions cannot be delegated.

·      Sub-delegation (Delegatus non potest delegare) is not encouraged.

·    General rules should not be framed with retrospective operation, unless and until the parent Act instructs to do so.

·       Discriminatory and arbitrary rules should not be framed.

·       Wide and sufficient publicity shall be given so that general public can know it.

·   In appropriate cases, consultation also shall be made for more effectiveness and efficiency.

·   The Sub-ordinate authorities should not use rigid, crux and technical language while preparing the rules, which may cause difficulty to understand by general public.

·      The final authority of interpretation of the subordinate rules is vested to Parliament and Courts. But the administrative authorities are not empowered and authorised to interpret the statutes.

·        A tax or financial levy should not be imposed by rules.

·        Wherever it is necessary, the explanatory notes shall be given.

·        Public interest must be kept in view while delegating the powers, etc.

 

History of Delegated Leislation in India:

a. Pre – constitutional Position:

The history of delegation of powers can be traced from the charter stage of 1833 when the East India Company was regaining political influence in India. The of 1833 vested the legislative powers exclusively in Governor – General – in council, which was an executive body. He was empowered to make laws and regulations for repealing, amending or altering any laws or regulations, which were in force for all persons irrespective of their nationality. In 1935 the Government of India Ac, 1935 was passed which contained an intensive scheme of delegation. The report of the committee on ministers’ powers was submitted and approved which fully established the case for delegation of powers and delegation of legislation was regarded as inevitable in India.

b. Present Position:

Though, our constitution was based on the principal of separation of powers, a complete separation of powers was not possible hence it maintained the sanctity of the doctrine in the modern sense. The Indian Constitution does not prohibit the delegation of powers. On the other hand there are several provisions where the executive has been granted the legislative powers. For example the legislative powers of the president under the Indian Constitution are conspicuous. Under Article 123 the president has the power to promulgate the ordinances and unrestricted power to frame regulations for peace progress and good government of the union territory under Article 240. The Supreme Court of India has also upheld the delegation of legislative powers by the legislative to the legislative to the executive in the case of Raj Narayan Singh v. Chairman Patna Administration Committee

 

Growth of Delegation of Power and it’s Reason:

Many factors are responsible for the rapid growth of delegated legislation in every modern democratic state. The traditional theory of ‘laissez faire’ has been given up by every state and the old ‘police state’ has now become a ‘welfare state’. Because of this radical change in the philosophy as to role to be played by the state, their functions have increase. Consequently, delegated legislation has become essential and inevitable.

 

Some of the reasons of the growth of the Delegation of Powers are as follows:

1. Pressure upon Parliamentary Time:

As a result of the expanding horizons of the state activity, the bulk of legislation is so great that it is not possible for the legislation to devote sufficient time to discuss all the matters in detail. Hence there is need for a delegation of power.

2. Technicality:

Sometimes, the subject – matter on which legislation is required is so technical in nature that the legislator, being himself a common man, cannot be expected to appreciate and legislate on the same, and the assistance of experts may be required. Hence,  this lead to the growth of delegation of power.

3. Flexibility:

At the time of passing any legislative enactment, it is impossible to foresee all the contingencies, and some provision is required to be made for these unforeseen situations demanding exigent action. Hence there is a need for flexibility which leads to the growth of delegation of power.

4. Experiment:

The practice of delegated legislation enables the executive to experiment. The method permits rapid utilization of experience and implementation of necessary changes.

5. Emergency:

In the time of emergency, quick action is required to be taken. The legislative process is not equipped to provide for urgent solution to meet the situation. Hence there is need for delegation of power.

 

Delegation Legislation : Position under Constitution of India

The Legislature is quite competent to delegate to other authorities. To frame the rules to carry out the law made by it. In D. S. Gerewal v. The State of Punjab, K.N. Wanchoo, the then justice of the Hon’ble Supreme Court dealt in detail the powers of delegated legislation under the Article 312 of Indian Constitution. He observed: “There is nothing in the words of Article 312 which takes away the usual power of delegation, which ordinarily resides in the legislature. The words “Parliament may by law provide” in Article 312 should not be read to mean that there is no scope for delegation in law made under Article312….” In the England, the parliament being supreme can delegated any amount of powers because there is no restriction. On the other hand in America, like India, the Congress does not possess uncontrolled and unlimited powers of delegation.

In Panama Refining Co. v. Rayans, the supreme court of the United States had held that the Congress can delegate legislative powers to the Executive subject to the condition that it lays down the policies and establishes standards while leaving to the administrative authorities the making of subordinate rules within the prescribed limits. 4 Art. 13 (3) Defines law and it Includes ordinance, order, byelaw, rule, regulation & notification having the force of law.

In Sikkim v. Surendra Sharma– it is held that ‘All Laws in force’ in sub clause (k) of Art. 371 F includes subordinate legislation. Salmond defines law as that which proceeds from any authority other than the Sovereign power & is therefore, dependent for its continued existence & validity on some superior or supreme authority.

Child Labor in India

Child labor refers to the exploitation of the children by employing them to work and interfering with their ability to attend regular schools, and any work that is harmful for them mentally, socially, physically or morally. It has been a major issue all around the world, especially in the developing countries, and it destroys the future of the child employed in child labor. In Child Labor (Prohibition and Regulation) Act 1986, a child has been defined as a person who has not completed the age of 14 years. For a layman, the definition of child labor is the practice of engaging the children in economic activity as a part-time or a full time job.

Child labor has existed throughout the history. During the 19th and the early 20thcenturies children between the ages of 5-14 from poor families worked in western nations and their colonies. The children worked mainly for factories, mines, home-based operations, or agriculture. In the early 20th century, thousands of young boys were employed in glass making industries, factories and mines. The conditions of working were extremely difficult as there was extreme heat, or no advanced technologies. The children suffered eye troubles, lung problems, cuts, heat exhaustion, etc. 

CAUSES OF CHILD LABOR

  1. POVERTY – it is one of the main causes of child labor in India. It is one of the major drawbacks and the children are considered to be helping hands for the family in terms of financial support.
  2. DEBTS – due to the poor economic conditions of people, they are forced to borrow money from moneylenders who charge them high rate of interests, because of which they find it difficult to repay the debt due to which the money lenders employ the debtors, including their children, to work for them.
  3. PROFESSIONAL NEEDS – there are some industries that require delicate hands and little fingers to do the minute work, such as in bangle making factories. Bangle making industry is known for employing children.

                                    RIGHTS OF CHILDREN IN INDIA

In India, the government has taken various effective measures to eliminate child labor. The Indian constitution has incorporated provisions to secure the rights of children, such as compulsory elementary education as well as the labor protection for children. Some other provisions are:

  1. No child below the age of 14 shall be employed in any factory or mines or engaged in any other form of hazardous work.
  2. States in particular shall direct its policy towards securing the health of the workers, men and women and the tender age f children are not abused and that the citizens are not forced by economic necessity to for their children to work.
  3. The state shall provide free and compulsory education to all children between the ages of 6-14 as such a manner as the state may determine by law. 

REALITY OF CHILD LABOR IN INDIA

Even though strict laws and policies are being formed for the protection of children against child labor, the reality stands totally opposite. The laws formed are hard to enforce, especially in the rural areas where it is most prevalent and the villages are barely connected to state infrastructure. For many families in India, giving up child labor means letting go of an entire income which could push them deeper into poverty. For most of the factory owners, using child labor is the only way to produce local products at a cheap rate and be able to make them compete in the international market. The states have the responsibility to enforce laws for the protection of children, however due to the lack of funds and proper administration; they are unable to do so. Also the judicial system of India, is not competent enough to stop the violators of child labor easily. Many a times the violators can very easily slip through the cracks because of the lack of proper administration, and even though they are found guilty, the fine for the same is not enough for a practical deterrent. 

Meaning of Company and its Classification

 

A company is a voluntary association of individuals formed to carry on business to earn profits or for non profit purposes. These persons contribute towards the capital by buying its shares in which it is divided. A company is an association of individuals incorporated as a company possessing a common capital i.e. share capital contributed by the members comprising it for the purpose of employing it in some business to earn profit.

“As per Companies Act 1956, a company is formed and registered under the Companies Act or an existing company registered under any other Act”.

Types of Companies:

Companies can be classified under the following heads:

1. On the basis of formation.

2. On the basis of liability.

3. On the basis of ownership.

 

1. On the basis of formation: On the basis of formation companies can be categorised as:

(a) Statutory Company: A company formed by a Special Act of parliament or state legislature is called a Statutory Company. Reserve Bank of India, Industrial Financial Corporation of India, Life Insurance Corporation of India, Delhi State Finance Corporation are some of its examples.

(b) Registered Company: A company formed and registered under the Companies Act, 1956 or earlier Companies Acts is called a Registered Company. The working of such companies is regulated by the provisions of the Companies Act.

 

2. On the basis of liability: On the basis of liabilty, companies can be catagorised as:

(a) Company limited by shares: The liability of the member of such company is limited to the face value of its shares.

(b) Company limited by guarantee: The liabilty of each member of such company is limited to the extent of guarantee undertaken by the member. It may arise in the event of its being wound up.

(c) Unlimited Company: The company not having any limit on the liability of its members, is called an unlimited company. Liability in such a case extends to the personal property of its shareholders. Such companies do not use the word ‘limited’ at the end of their name.

(d) Company under section 25: A company created under section-25 is to promote art, culture and societal aims. Such companies need not use the term limited at the end of their name. Punjab, Haryana, Delhi chambers of commerce, etc. are the examples of such companies.

 

3. On the basis of ownership: On the basis of ownership, companies can be catagorised as :

(a) Private Company: A private company is one which by its Articles of Association :

(i) restricts the right of members to transfer its shares;

(ii) limits the number of its members to fifty (excluding its past and present employees);

(iii) prohibits any invitation to the public to subscribe to its shares, debentures.

(iv) The minimum paid up value of the company is one lakh rupees (Rs 100000). The minimum number of shareholders in such a company is two and the company is to add the words ‘private limited’ at the end of its name. Private companies do not involve participation of public in general.

(b) Public Copmpany: A company which is not a private company is a public company. Its Articles of association does not contain the above mentioned restrictions. Main features of a public company are : (i) The minimum number of members is seven.

(ii) There is no restriction on the maximum number of members.

(iii) It can invite public for subscription to its shares.

(iv) Its shares are freely tansferable.

(v) It has to add the word ‘Limited’ at the end of its name.

(vi) Its minimum paid up capital is five lakhs rupees (Rs 500,000).

(c) Government Company: A Government company is one in which not less than 51% of its paid up capital is held by (1) Central Government or (2) State Government, or (3) partly by Central Government and partly by State Governemt. Example of a Government company is Hindustan Machine Tools Limited, (HMT) State Trading Corporation (STC). Minerals as metals training corporation (MMTC).

(d) Foreign company: A foreign company is one which is incorporated outside India but has a place of business in India, for example Philips, L.G, etc. standard materials.

(e) Holding company and Subsidiary company: A holding company is a company which controls another company (called subsidiary company) either by acquiring more than half of the equity shares of another company or by controlling the composition of Baord of Directors of another company or by controlling a holding company which controls another company.

(f) Listed company and unlisted company: A company is required to file an application with stock exchange for listing of its securities on a stock exchange. When it qualifies for the admission and continuance of the said securities upon the list of the stock exchange, it is known as listed company. A company whose securities do not appear on the list of the stock exchange is called unlisted company.