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Feb 23, 2022

The Russia-Ukraine Crisis: Timeline

Ukraine was a cornerstone of the Soviet Union until it voted overwhelmingly in favour of independence in 1991. After the collapse of the Soviet Union, NATO (North Atlantic Treaty Organisation) pushed eastward, bringing into the fold most of the Eastern European nations that had been in Communist orbit. NATO, an intergovernmental military alliance, was founded by 12 member countries (United States, United Kingdom, Canada, France, Italy, etc) on 4th April 1949 with a purpose to guarantee the freedom and security of its members through political and military means. In 2008, NATO declared its intention to offer membership to Ukraine someday in the distant future - crossing a red line for Russia. Vladimir Putin has indicated that NATO's expansion is an existential threat, and the prospect of Ukraine joining the Western military alliance is a "hostile act." He has emphasized his view that Ukraine is part of Russia, culturally, linguistically, and politically. While some of the mostly Russian-speaking population in Ukraine's east feel the same, a more nationalist, Ukrainian-speaking population in the west has historically supported greater integration with Europe.[1] Here is the entire timeline of the important developments that led to the current crisis between Russia and Ukraine: 2008: Ukraine initiated ties with NATO and showed interest to join it, which was unacceptable to Russia. 2010: Viktor Yanukovych becomes President of Ukraine and strikes a gas pricing deal with Russia in exchange for leasing a naval base in the Black Sea Port of Ukraine. 2013: Yanukovych suspends talks with the European Union and reaffirms ties with Russia, triggering mass protests in Ukraine. Due to this, Yanukovych’s Government was overthrown. 2015: The Washington Post reported the presence of ‘elite units’ of the Russian army in Ukraine. 2017: Ukraine and the European Union sign an agreement for opening markets for free trade of goods and services, along with visa-free travel for Ukrainians across European Union nations. 2018: Russia completes the construction of a bridge over the Kerch Strait, which obstructed the waterways to Ukraine. 2021: Satellite images show a growing build-up of Russian troops along the Ukraine border. Russia presents detailed security demands to the West, including that NATO ceases all military activity in eastern Europe and Ukraine and that the alliance never accepts Ukraine or other former Soviet nations as members of NATO. January 10, 2022: US and Russian officials meet in Geneva for diplomatic talks but differences remain unresolved as Russia repeats security demands that the US disagrees to accept. January 24, 2022: NATO puts forces on standby and reinforces its military presence in Eastern Europe with more ships and fighter jets. January 31, 2022: US and Russia spar over the Ukraine crisis at a special closed session of the UN Security Council. However, the discussion remains unresolved. February 1, 2022: Putin denies planning an invasion and accuses the US of ignoring Russia’s security demands. February 6, 2022: The American officials cited anonymously in US media that Russia has set up its military forces (more than 150,000 Russian troops) and is ready to launch a full-scale invasion of Ukraine. February 12, 2022: The US President warned Russian invasion of Ukraine would cause widespread human suffering and that the West was committed to diplomacy to end the crisis. Putin complained that NATO has not yet responded satisfactorily to Russian demands that Ukraine should be prohibited from joining the military alliance and that NATO should pull back forces from Eastern Europe. February 21, 2022: Ukraine requests an urgent meeting of the UN General Security Council following the announcement by President Vladamir Putin that Russia would officially recognize certain areas of Ukraine’s eastern Donetsk and Luhansk region as independent states. The UN remains fully supportive of the sovereignty, independence, and territorial integrity of Ukraine, within its internationally recognized borders. The UN described the situation as ‘critical’ and assured the Council that the Secretary-General would continue to work towards a resolution to the current crisis. February 22, 2022: Russia deploys troops in two breakaway regions in eastern Ukraine after recognizing them as independent on Monday, accelerating a crisis the West fears could unleash a major war. February 23, 2022: Countries such as Australia, Canada, Norway, Japan, the United States, and the European Union have imposed tough economic sanctions against Russia over Ukraine. Meanwhile, four additional flights have been announced on top of the three special Air India flights on Feb 22, Feb 24, and Feb 26 by the Indian Government to bring back Indians from Ukraine. Other airlines such as Air Arabia, Fly Dubai, and Qatar Airways are also operating their routine flights from Ukraine to India. [1] http://en.kremlin.ru/events/president/news/66181

Priyanka Mangaraj

Feb 22, 2022

Rotary Peace Fellowship Program 2023-24 [Master’s Degree & Certificate Program]

Applications for Rotary Foundation’s Peace Fellowship 2023-24 are now open! Apply here by May 15th to not lose this opportunity to become a change agent. About Rotary Foundation The Rotary Foundation is a non-profit corporation that supports the efforts of Rotary International to achieve world understanding and peace through international humanitarian, educational, and cultural exchange programs. It is supported solely by voluntary contributions from Rotarians and friends of the Foundation who share its vision of a better world. The Foundation was created in 1917 by Rotary International’s sixth president, Arch C. Klumph, as an endowment fund for Rotary “to do good in the world.” It has grown from an initial contribution of US$26.50 to more than US$1billion. It has one of the largest and most prestigious international fellowship programs in the world. The Peace Fellowship Their Approach They see peace not as an abstract concept but as a living, dynamic expression of human development. Peacebuilding is a cornerstone of Rotary’s mission as a humanitarian service organization, and it is one of their six areas of focus – the channels of activity through which the members make their mark on the world. The programs, grants, and fellowships focus on creating environments where peace can be built and maintained. Rotary believes that if concerned citizens work together to create peace locally, lasting change can happen globally. How Does the Fellowship Work? Each year, Rotary awards up to 130 fully-funded fellowships for dedicated leaders from around the world to study at one of their peace centres. Through academic training, practise, and global networking opportunities, the Rotary Peace Centers program develops the capacity of peace and development professionals or practitioners to become experienced and effective catalysts for peace. Since the program began in 2002, the Rotary Peace Centers have trained more than 1,400 fellows who now work in more than 115 countries. Many serve as leaders in governments, NGOs, the military, education, law enforcement, and international organizations like the United Nations and the World Bank. Who is it for? The Rotary Peace Fellowship is designed for leaders with work experience in peace and development. Our fellows are committed to the community and international service and the pursuit of peace. Each year, the Rotary Foundation awards up to 50 fellowships for master’s degrees and 80 for certificate studies at premier universities. The Programs Master’s degree programs: Accepted candidates study peace and development issues with research-informed teaching and a diverse student body. The programs last 15 to 24 months and include a two- to three-month field study, which participants design themselves. [Click here to know more about this program] Professional development certificate program: During the one-year blended learning program, experienced peace and development professionals with diverse backgrounds gain practical skills to promote peace within their communities and across the globe. Fellows complete field studies and they also design and carry out a social change initiative. This program is intended for working professionals. [Click here to know more about this program] Eligibility Master’s Degree Programs: Master’s degree candidates must: Be proficient in English Have a bachelor’s degree Have a strong commitment to cross-cultural understanding and peace as shown through professional and academic achievements and personal or community service Potential for leadership Have at least three years of full-time experience in peace or development work They encourage people with disabilities and from other diverse backgrounds to apply. Rotary provides reasonable accommodations as needed to people with disabilities. You are not eligible if you are an active Rotary member, employee of a Rotary club, Rotary International, or other Rotary entity. Note: Rotary Peace Fellows who have completed the certificate program, or a Global Grant Scholarship, must wait three years between the end date of that program and their intended start date for the fellowship. Additionally, candidates must have a minimum of 3 years of relevant work experience between the completion of a previous academic degree program (undergraduate or graduate degree) and their intended start date for the fellowship. Professional development certificate program: The ideal candidate is a proven mid-career peace and development leader with at least five years of relevant work experience. The candidate must also: Be proficient in English Have a bachelor’s degree Have a strong commitment to cross-cultural understanding and peace as shown through professional and academic achievements and personal or community service Demonstrate leadership skills Be able to explain how their plan to promote peace aligns with Rotary’s mission Candidates for Makerere University: Either be from Africa, have worked in Africa, or work with African communities or initiatives outside the continent. They encourage people with disabilities and from other diverse backgrounds to apply. Rotary provides reasonable accommodations as needed for people with disabilities. You are not eligible if you are an active Rotary member, employee of a Rotary club, Rotary International, or other Rotary entity.* Note: Rotary Peace Fellows who have completed the certificate program, or a Global Grant Scholarship, must wait three years between the end date of that program and their intended start date for the fellowship. Additionally, candidates must have a minimum of three years of relevant work experience between the completion of a previous academic degree program (undergraduate or graduate degree) and their intended start date for the fellowship. *See, Eligibility Restrictions here. Eligibility Quiz If you think you’re fit for either of the programs or if you’re not sure, take the Eligibility Quiz. Useful Links (PDFs) Master’s Program Certificate Program Relevant Experience Eligibility Guide More about Rotary Peace Fellowships Fellowship Support The fellowships cover the following: Tuition and fees, Room and board, Round-trip transportation, and All internship and field-study expenses. Application Timeline The foundation is now accepting applications for the 2023-24 Rotary Peace Fellowship program. Candidates must submit theor online applications to The Rotary Foundation by May 15, 2022. Districts must submit their endorsement decisions to The Rotary Foundation by July 1, 2022. For more information, click here.

Gaurav

Feb 22, 2022

Social Work Fellow for Fair Trial Fellowship Program, NLU Delhi

The National Law University, Delhi (“University”) is seeking to engage on a contractual basis, Social Work Fellows for Pune and Nagpur (1 position in Pune and 2 positions in Nagpur) for the Fair Trial Fellowship programme of Project39A supported by a grant from the Azim Premji Philanthropic Initiatives. The Social Work Fellows in the programme will focus on crucial socio-legal field work relating to cases of undertrial prisoners and support the Legal Fellows in ensuring that the undertrial prisoner is provided quality legal representation. The maximum period of engagement will be for three years and the contract will be renewed on an annual basis. About the programme The Fair Trial Fellowship (“the Fellowship”) is an opportunity for young lawyers and social workers to work for providing quality legal representation to undertrial prisoners. The Fellowship will train and mentor a group of young professionals to work in collaboration with the State Legal Services Authority towards ensuring fair trial for undertrial prisoners at both pre-trial and trial stages. The Fellowship is being currently rolled out for work in Nagpur and Pune Central prisons. The twin goals of the programme are to reduce the under trial population in prisons in Pune and Nagpur and to work with the legal aid system in Maharashtra. The programme has its offices in Pune and Nagpur. Responsibilities This is a full time paid position based in Pune and Nagpur. Selected candidates will be expected to reside within the municipal limits of the city of their selection but may be required to travel frequently to other districts as per programme needs. The responsibilities of the Social Work Fellows will include: Visiting the Prisons, interacting with undertrial prisoners, identifying individuals who need legal aid from the DLSA and supporting them in writing applications to DLSA. Identifying undertrial prisoners entitled for bail/early release and refer such cases to the DLSA and the Prison Authorities. Socio-legal case work interventions and handholding undertrial prisoners through the legal proceedings at both pre-trial and trial stage. Home visits and working with families of under trials in gathering information/documents relevant to their case. Coordinating with other authorities if required for gathering relevant documents like age proof, address proof, medical certificates etc. Identifying special needs of under trials including pregnancy, claims for juvenility, disability, terminal illnesses, mental health issues etc. Travelling as required to meet and communicate with family members of undertrial prisoners and other persons who may have oral and documentary information relevant for mitigation of the prisoners, using the tools and techniques for communication and obtaining information devised. Coordinating with Legal Fellows and providing relevant socio-legal inputs in individual cases. Case Documentation with details of interventions for cases handled. Organising and conducting training workshops and conferences. Documentation and Reporting as per programmatic needs. Any other work that may be necessary to further the aims of the Fellowship Programme. Qualifications Postgraduate qualification in social work (M.A. in Social Work/MSW) or any other helping Professions/Social Science/Humanities subject or related areas from a Central/Deemed/StateRecognised University Minimum of one year experience (full time) in intervention work at the grass root level is desired Proficiency in reading, writing and speaking Marathi Ability to read, write and speak English Familiarity with the use of MS-Office, emails and the internet Prior work experience within institutions in the criminal justice system is desirable The above qualifications may be relaxed in exceptional circumstances Compensation: Fellows will be paid a fellowship amount of INR 30,000 per month Application Process: Interested persons may send their resume and a statement of purpose, explaining their interest in working on this programme. The statement of purpose must not exceed 700 words. The interviews will be held in an online or offline mode. Shortlisted candidates will be called for the selection process which may be held in Pune and Nagpur (if held in offline mode). Intimation regarding dates, venue and selection rounds will be given to the shortlisted candidates by email. Email: Interested persons must send their resume and Statement of Purpose to [email protected] and the subject of the email should be “Fair Trial Fellowship - Application for Social Work Fellows”. Applicants are also required to fill in their details in the google form via the link given here. Deadline: Applications received after midnight of 25 February, 2022 will not be considered. The shortlisted candidates shall be informed about the next round in the selection process via email. For more information, click here.

Gaurav

Feb 18, 2022

Surrogacy Regulations in India: Surrogacy (Regulation) Act, 2021

Introduction The word “Surrogacy” comes from the Latin word “Surrogatus” which means a “substitute” or an alternate option. Surrogacy is an act of reproductive practice where a third party conceives and gives birth to a child. The intending parents and surrogate mother enter into a contractual arrangement which states that after the child is born, the surrogate mother would hand over the child to the intending parents without having any legal or parental obligation over the child. Reproduction through surrogacy can be performed by two methods: Traditional and Gestational. In Traditional Surrogacy, the surrogate mother is fertilized with the semen of the male partner of the intending couple, whereas, in Gestational Surrogacy, an embryo is created in a laboratory using the female partner’s eggs and male partner’s semen of the intended couple. Then, that embryo is placed inside the uterus of the surrogate mother. Unlike gestational surrogacy, in traditional surrogacy, the child born is biologically related to the surrogate mother. Countries like Russia, USA, Mexico, Ukraine, etc, have permitted commercial surrogacy whereas France, Italy, Finland, etc have still restricted the use of surrogacy in all forms. Background India suffered from the commercialization of surrogacy for a long period of time. Until 2008, the commercialization of surrogacy was rapid in India. There was also no statutory legislation to regulate this. Surrogacy was not socially accepted in the country, but unethical commercialization was rampant, in ignorance of certain guidelines provided by the Indian Council for Medical Research (ICMR). In 2002, commercial surrogacy was legalised in India, but due to lack of strong statutory legislation, the estimated rise of the commercial surrogacy industry was $400 million per year, with more than 3000 fertility clinics across India.[1] During that time women involved in surrogacy faced several hardships, such as exploitation, poor living conditions, low cost fertility clinics, and unethical treatment. Only after the controversial case of Baby Manji Yamada v. Union of India[2], the ethical side of commercial surrogacy came under public scrutiny. Over the last few years, surrogacy has gained immense importance in the country. With the rise of 20-25 million infertile couples in the country, this Assisted Reproductive Technology has been a huge help to childless couples.[3] Surrogacy Regulations in India The first set of guidelines on surrogacy in India was the National Guidelines for Accreditation, Supervision and Regulation of ART ??Clinics in India, formed in 2005. It was not exclusively related to surrogacy, nevertheless provided some basic guidelines to be followed in Assisted Reproductive Treatment (ART)[4]. In 2009, the Law Commission of India took suo moto action to deal with regulation of surrogacy in its 228th report. The report recommended guidelines to regulate provisions for surrogacy with an aim to protect the interests of both the parties. Transparency, privacy, financial support for the surrogate child and mother, ensuring legitimacy of surrogate child, were some of the key features of the Law Commission report. Finally, based on the report, a new Bill was formed to regulate the provisions of surrogacy in 2010. However, there were several amendments made to this Bill over the years. The Surrogacy (Regulation) Bill, 2016 was introduced and passed by Lok Sabha but rejected in Rajya Sabha with a suggestion to examine its provisions once again. However, in 2019 the same bill was again introduced in Rajya Sabha without any consideration to the previous suggestions. The Surrogacy (Regulation) Bill, 2019 banned commercial surrogacy and permitted only altruistic surrogacy, thereby restricting surrogate mother to gain monetary compensation for her services. Such restrictions reinforced traditional societal values of women’s work in the private sphere and having no economic value. Once again, the Bill was not passed by Rajya Sabha, and a Committee was formed to recommend changes to the legislation. The Surrogacy (Regulation) Bill, 2020 was a significant improvement to the 2019 Bill, as it discarded several old clauses, among which an important change was made to limit the eligibility of surrogate mothers to only close relatives. The 2020 Bill allowed “willing” women to be surrogates. However, there are still debatable clauses that do not provide equal protection for both parties. The Surrogacy (Regulation) Act 2021 The Indian Parliament, in early December 2021 passed two bills which became landmark acts - Assisted Reproductive Technology (Regulation) Act and Surrogacy (Regulation) Act. Earlier while the Surrogacy (Regulation) Bill was passed in Lok Sabha, it could not be passed in the Rajya Sabha which instead relegated it to a Parliamentary Standing Committee for deliberation. Finally, on 25th December 2021, the Surrogacy (Regulation) Act, 2021 received President’s assent in order to regulate the practice and process of surrogacy. The key features of the surrogacy (Regulation) Act, 2021 are as follows: Commercial surrogacy is strictly prohibited and only altruistic surrogacy can be practiced. No surrogacy clinics, unless registered under this Act, shall be involved in any surrogacy activities or procedures; or employ any person who does not possess qualifications prescribed in the Act. Every clinic which is conducting surrogacy procedures shall within a period of sixty days, from the date of appointment of the appropriate authority, apply for registration of their clinics. Registration shall be renewed after every 3 years. No surrogacy clinic, gynecologist, embryologist, or any other medical practitioner shall conduct or promote commercial surrogacy in any form. Under the 2021 Act, only altruistic surrogacy is permitted. The intended couple shall be a legally married Indian man and woman, the man shall be between the ages of 26-55 years and the woman shall be between the ages of 25-50 years, and shall not have any previous biological, adopted, or surrogate child. The surrogate mother shall be an Indian woman between the age of 35-45 years, intending to avail the surrogacy. Any woman intending to be a surrogate mother cannot be a surrogate for more than once in her lifetime. When an intending couple has a medical necessitating surrogacy, shall obtain a ‘Certificate of Essentiality/Infertility’ from the National/State Assisted Reproductive Technology and Surrogacy Board. All the known side effects and after-effects of such procedure shall be well informed to the surrogate mother. Also, written informed consent shall be obtained from the surrogate mother, in the language she understands. There shall be established a Registry be called National Assisted Reproductive Technology and Surrogacy Registry for the purpose of registration of surrogacy clinics under this Act. Along with Centre, every State and Union Territories shall establish a similar kind of Board for surrogacy matters. According to the Surrogacy (Regulation) Act, 2021 any couple involved in commercial surrogacy shall be punished for first offence with an imprisonment up to 5 years and fine up to Rs 50,000; and for subsequent offence, imprisonment shall be up to 10 years and fine up to Rs 1,00,000. Any person, organisation or clinic involved in exploitation of surrogate mothers or childrens born through surrogacy, shall be punished with imprisonment for a term which may extend to 10 years and fine which may extend to Rs 10 lakhs.[5] Constitutional Scrutiny of the Surrogacy (Regulation) Act, 2021 In India the major obstacle for surrogacy is balancing the different interests of both parties. On one side, it is the duty of the State to prevent exploitation of surrogate mothers and protect the rights of the unborn child, while on the other hand, the right of the women to make their own reproductive choices and rights of the intended parents. India’s regulation of surrogacy is still struggling to find a right balance between these conflicting interests. In Devika Biswas v. Union of India[6], the Apex Court held that Right to Reproduction was an essential facet of the ‘Right to Life’ under Article 21 of the Indian Constitution. Right to Reproduction includes the right to carry a baby, giving birth and raising them. Thus restricting surrogacy to a particular group of age among heterosexual couples only, creates a partial imbalance. The communities such as single people, older couples, LGBTQ+ couples, are all completely denied the right to have reproductive choices, which, arguably, is a violation of Article 21 as well as Article 14 of the Indian Constitution. Experts have argued that the conflicting provisions in the Surrogacy (Regulation) Act, 2021 would not be able to protect the rights and interests of surrogate mothers and intended parents. It has been feared that these shortcomings will contribute to the development of an illegal market in surrogacy services. Concerns have been raised regarding barriers such as age limitations and excluding queer couples, not aiding in the progression of society, as surrogacy should be recognized as a reproductive right available to all individuals irrespective of their place in the community. India is going through a revolutionary time whereby the citizen’s thinking process is radically shifting from patriarchal norms to a more feministic ethos, hence there is skepticism about the current surrogacy legislation when it comes to the progression of Indian society. [1]https://www.reuters.com/article/us-india-surrogates/india-seeks-to-regulate-its-booming-rent-a-womb-industry-idUSBRE98T07F20130930 [2] (2008) 13 SCC 518 [3]https://www.livemint.com/Politics/1tiGqG9X9ChMt9Tb1pmNpM/Surrogacy-industry-thrives-in-India-amid-regulatory-gaps.html [4] Chapter 3, ICMR Guidelines on ART Clinics, 2005. [5] https://egazette.nic.in/WriteReadData/2021/232118.pdf [6] (2016) 10 SCC 726

Priyanka Mangaraj

Feb 17, 2022

Inlaks Shivdasani Foundation Scholarships 2022-23

Applications are invited from eligible candidates for the Inlaks Shivdasani Foundation Scholarships 2022-23. About Inlaks Shivdasani Foundation Scholarships Inlaks Scholarships provide the opportunity to young people with exceptional talent in most fields to broaden their vision abroad and improve their skills to operate in society, thus making them a future vehicle of change in their environment. Since 1976, Inlaks Shivdasani Scholarships have been granted to Indian students to read at top-rated American, UK, and European institutions in a full-time Masters, MPhil, or Doctoral programme. We award up to USD 100,000 to cover programme tuition as well as scholars’ living expenses, healthcare, and one-way airfare. Applicants to Imperial College, London, the Royal College of Art (RCA), London, the University of Cambridge (Cambridge Trust), and Sciences Po, Paris may benefit from additional funding through the Foundation’s joint scholarships with these institutions. The Foundation gives scholarships in a variety of subjects but DOES NOT fund the following courses: Business and Finance Computer Science Engineering Fashion Design Film and Film Animation Hospitality and Tourism Indian Studies without Contemporary Relevance Management Studies (i.e. MBA) Medicine, Dentistry, and related therapies Music Public Health Eligibility Criteria Inlaks Shivdasani Scholarships are open to all Indian citizens who have been continuously resident in India at least six months prior to the time of application. Candidates who are Indian citizens and hold an undergraduate degree from a recognized institution abroad that meets our academic standards must have resided continuously, been employed, or have been studying in India for at least two years prior to the time of application. Candidates having a postgraduate qualification (e.g. Master’s or PhD) from an institution abroad are not eligible to apply. Candidates who have already begun their postgraduate education at an institution abroad are not eligible to apply. It is essential to have prior admission to the institution and course chosen at the time of the application. The Foundation will not consider candidates without evidence of admission. Candidates who have an English language certification as a conditional part of their offer letter need to attain that certification before applying for the scholarship. Candidates who have received a deferred offer of admission must have a valid offer for the academic year 2022-23 to be eligible for the 2022 scholarships. Candidates can be a maximum of 30 years of age in the year of application. Those born on or after 1stJanuary 1992 are eligible to apply for the 2022 scholarships. For Social Sciences, Humanities, Law, Fine Arts, Architecture and related subjects, candidates must have a minimum academic grade of 65%, CGPA 6.8, or GPA 2.6 from a recognized university/institution. For Mathematics, Sciences, Environment and related subjects, candidates must have a minimum academic grade of 70%, CGPA 7.2, or GPA 2.8 from a recognized university/institution. Terms of the Scholarship The maximum funding given by the Foundation is USD 100,000. If the total funding required to complete the proposed course of study exceeds this amount, at the time of application candidates must show evidence that they have been selected to a joint Inlaks scholarship institution or that they can cover the additional costs on their own. Acceptance of other awards, teaching assistantships, and part-time jobs are welcome even if your application to the Foundation is successful; applicants are required to report additional funding sources to the Foundation when they are received. A candidate’s proposed course of study cannot require field-trips to India during the study tenure. If the scholarship does not commence within nine months of award, it will be forfeited. Application Process Application for the scholarship must be made online. A candidate must have a valid passport to apply. Only one submission per candidate will be accepted. The online portal will not accept applications that do not meet the academic and financial eligibility criteria as given above. Two letters of reference are mandatory and one must be from an academic referee; candidates must provide official email addresses for both referees. Selection Procedure An independent, Inlaks Selection Committee is appointed to select successful applications for scholarships. Applicants are judged on not only their past and present achievements but also on their future potential. Candidates applying for scholarships in art and design (fine/performing arts) will be judged primarily on the basis of their portfolios. The selection process consists in three stages: (1) review of eligible applications, (2) preliminary interviews with candidates chosen from this review and, (3) a final interview with those who succeed in the preliminary round. Candidates who do not receive any communication from the Foundation by mid-May must assume that their applications have not been successful How to Apply? Click here to apply for the scholarship. Important Dates Applications open: 15 February, 2022 Deadline: 30 March, 2022 For more information, click here.

Gaurav

Feb 17, 2022

The F.A.I.R. Project by Eight Goals One Foundation (8one)

The F.A.I.R. Project, an initiative of Eight Goals One Foundation (8one), is organising an online experiential program for individuals between 18 to 27 years of age, supported by the UNESCO New Delhi Cluster Office. About the Organisation Eight Goals One Foundation (8one) was co-founded by Ramit Singh Chimni and Varun Achreja to support the eight goals that our foundation has identified as crucial in our mission for humanity. These goals include – Well-being, Gender Equality, Peace, Environment, Hygiene, Nutrition, Education and Employment. We aim to affect pragmatic and sustainable progress across these goals with a focus on social development over other interpretations of the term ‘development’. Through their projects and initiatives, they collaborate with government entities such as the Government of India’s Ministries of Commerce and Industry, and Law and Justice, along with international and domestic organisations, such as UNESCO, CII, NAWF, amongst others. They also regularly interact with experts including, Rosalia Arteaga (former President of the Republic of Ecuador), Violeta Bulc (Former Deputy Prime Minister of Slovenia), and Eric Falt (Regional Director, UNESCO New Delhi Cluster Office), amongst many others. Details about the Event WHAT The F.A.I.R. Project, an initiative of Eight Goals One Foundation (8one), is organising an online experiential program for individuals between 18 to 27 years of age, supported by the UNESCO New Delhi Cluster Office. F.A.I.R. is a methodology of introspection which is driven by active dialogue and analysis to inculcate a mindset that focuses on what is right for all and not what benefits a few. F.A.I.R. is a continuing conversation beyond the formal program, embarking on a mission for holistic and inclusive betterment of humanity. WHY 8one believe that decisions based on collective values are possible, despite the contemporary doctrine and evidences of individualistic interests winning over the common good. The F.A.I.R. Project wants to equip you with the thought process that helps you develop real-time solutions to propagate our 8 goals, which complement the United Nations’ Sustainable Development Goals (SDGs), and mobilise change irrespective of which political, commercial, social or personal situation you may find yourself in. HOW F.A.I.R. follows an inquiry-based model, which begins with learning to question and then to unlearn and re-learn based on factual evidence and sound reason. F.A.I.R. as a process focuses on developing a rational understanding of the world through a series of interactions with relevant stakeholders and experts, critical engagement with the issues, personal introspection, and learning to question and being comfortable both factually and logically with your conclusions. F: Fact-Finding and Familiarise Yourself A: Advocate for Alternate Viewpoints I: Introspect and Interrogate Yourself R: Reason and Rationalise Eligibility Applications are invited from motivated and open-minded young individuals who are driven by their inquisitiveness and the willingness to learn and lead and are not limited by their level and field of qualification. These individuals will help build a community conducive to creating and sustaining objective, balanced, and socially pervasive change. Qualification: Between the ages of 18-27 years Number of Participants: 32 Location Online Registration and Submission Procedure Click here to apply for the FAIR Project. Instructions related to the application are listed on the application link itself. The application link will be active from 00:01 on February 1, 2022 till 23:59 of March 20, 2022. All applicants need to submit a 120-180 second video or audio clip answering any one of the following questions: What would your ideal position be with respect to the way the world looks at any of the 8 goals? According to you, what is the biggest challenge our world faces today and why? What human achievement are you most proud of? Any applicant that is unable to submit the video or audio clip can submit a 400-word write up along with their reason for their inability to submit the video/ audio clip within 50 words. Fee Details Fully-funded Deadline Deadline to apply: March 20, 2022 Program dates: June 13, 2022 – July 24, 2022 Contact Information E-mail ID: [email protected] For more information, click here.

Gaurav

Feb 17, 2022

WomenLead2030 International Fellowship Program 2022-23

Applications are invited for WomenLead2030 International Fellowship Program 2022-23. The last date of application is 5 March. About the Organiser Self Independent is a social initiative that is empowering women and supports fundraising for social causes. We aim to ‘Achieve gender equality and empower all women and girls’ by 2030 by acting on the global blueprint of sustainability that is sustainable development goals (SDGs) as proposed by the United Nations in 2015. Our primary approach of achieving our noble purpose is – Inspire a woman to work on their holistic development by providing skills and experiences that she must learn to thrive in the 21st century. This creative combination of social change and quality of life, guided us to make it a global movement. About the Fellowship WomenLead2030 is an international fellowship program (campaign) that aims to bring all the women rights activists & initiatives/organisations together on a forum to spark a big change and contribute to UN Agenda 2030 of achieving gender equality and empowering all women and girls by working on the United Nations Sustainable Development Goal 5. If you’re an individual/organisation who is directly/indirectly empowering women or working towards reducing inequality, we want to meet you through this program. Selected Applicants will be shortlisted to become a partner/ambassador of our global campaigns as our Impact Partner where you will be engaged in producing online blogs, talks, podcasts & other creative projects to structure the effective delivery of your women empowerment ideas and your inspiring achievements till now. No. of Positions 9,000 Eligibility Commitment to work on the mission and vision of the WomenLead2030 Campaign. Be Available to work with the WomenLead2030 for atleast 1 month. You should manage to be available virtually for the thriving and connected community of fellows. The WomenLead2030 Fellowship is not an academic fellowship and not-traditional Changemaker Individual/Organization are also encouraged to apply. In addition to impressive accomplishment and fine character, passion & dedication are also important traits that we are looking for in ideal fellows/partners. Location Online Benefits of Fellowship Five Most extraordinary Partners/Fellows will be nominated for the annual SDGs Champions Award 2022 under the 5th SDGs category. Get recognised as the WomenLead2030 Global Ambassador (Individual) or Impact Partner (Organization). Opportunity to work with eminents. Certification & many other future opportunities. How to Apply? Click here to apply for the fellowship. Application Deadline The last date of application is March 5, 2022. Contact information Contact us at +91 9027319177 or Write to us at [email protected] with “WomenLead2030” in the subject line. For more information, click here.

Gaurav

Feb 16, 2022

Legal Fellow for Fair Trial Fellowship Program, NLU Delhi

The National Law University, Delhi (“University”) is seeking to engage on a contractual basis, Legal Fellows for Nagpur (2 positions) for the Fair Trial Fellowship programme of Project39A supported by a grant from the Azim Premji Philanthropic Initiatives. The Legal Fellow will be assigned to work on cases of undertrial prisoners being represented by DLSA panel lawyers and will be in charge of providing assistance in court hearings, legal research, drafting and prison visits (for client interviews) to the legal aid lawyer leading the case. The maximum period of engagement will be for three years and the contract will be renewed on an annual basis. About the programme The Fair Trial Fellowship (“the Fellowship”) is an opportunity for young lawyers and social workers to work for providing quality legal representation to undertrial prisoners. The Fellowship will train and mentor a group of young professionals to work in collaboration with the State Legal Services Authority towards ensuring fair trial for undertrial prisoners at both pre-trial and trial stages. The Fellowship is being currently rolled out for work in Nagpur and Pune Central prisons. The twin goals of the programme are to reduce the under trial population in prisons in Pune and Nagpur and to work towards strengthening the legal aid system in Maharashtra. The programme has its offices in Pune and Nagpur. Responsibilities This is a full time paid position based in Nagpur. Selected candidates will be expected to reside within the municipal limits of the city of their selection but may be required to travel frequently to other districts as per programme needs. The responsibilities of the Legal Fellows will include: Visiting prison with the duty counsels of the DLSA and providing legal counseling to inmates requiring legal aid. Coordinating with DLSA and authorities from the Prison Department to ensure allocation of DLSA Panel Lawyer for under trials who do not have any legal representation. Briefing and assisting panel lawyer of the DLSA assigned on a case during court hearings at both pre-trial and trial stage. Regular Prison visits to seek instructions from an undertrial client on behalf of the DLSA Panel Lawyers. Reviewing documents brought on record in a case, providing research inputs and devising legal strategy in consultation with the DLSA Panel Lawyer concerned. Assisting the DLSA panel lawyer in drafting legal documents to be submitted at both pre-trial and trial stage. Following-up ongoing cases in court and updating the client (undertrial) and/or the family members concerned. Regularly communicating with prison authorities to obtain case specific information and documents. Preparation for recording evidence and cross examination. Preparing written arguments based on the evidence for the final submissions before the court. Travelling as required to meet and communicate with family members of undertrial prisoners and other persons who may have oral and documentary information relevant to the case procedure. Organising and conducting training workshops and conferences. Documentation and Reporting as per programmatic needs. Any other work that may be necessary to further the aims of the Fellowship Programme. Qualifications Minimum of three year experience of criminal law practice at trial court level. Registration as a practicing advocate (Sanad) with Bar Council of any state in India. Proficiency in reading, writing and speaking Marathi. Ability to read, write and speak English. Familiarity with the use of MS-Office, emails and the internet. Prior work experience in work with the District Legal Services Authority is desirable. The above qualifications may be relaxed in exceptional circumstances. Compensation: Fellows will be paid a fellowship amount of INR 30,000 per month. Application Process: Interested persons may send their resume and a statement of purpose, explaining their interest in working on this programme. The statement of purpose must not exceed 700 words. The interviews will be held in an online or offline mode. Shortlisted candidates will be called for the selection process which may be held in Pune and Nagpur (if held in offline mode). Intimation regarding dates, venue and selection rounds will be given to the shortlisted candidates by email. Email: Interested persons must send their resume and Statement of Purpose to [email protected] and the subject of the email should be “Fair Trial Fellowship - Application for Legal Fellows-Nagpur”. Applicants are also required to fill in their details in the google form via the link given here. Deadline: Applications received after midnight of 25 February, 2022 will not be considered. The shortlisted candidates shall be informed about the next round in the selection process via email. For official notification, click here.

Gaurav

Feb 11, 2022

Global Changemaker Fellowship 2022 by Connecting Dreams Foundation (CDF)

Applications are invited from eligible candidates for the Global Changemaker Fellowship 2022 by Connecting Dreams Foundation (CDF). About Connecting Dreams Foundation (CDF) Connecting Dreams Foundation (CDF) is a non-profit organisation registered and licensed under section 25 of the Companies Act, 1956, Government of India. Connecting Dreams Foundation aims to address the SDG-based challenges through entrepreneurial action and youth participation. CDF is working largely to utilize the potential of the youth and directing it towards activities that will lead to inclusive social development, enabling the achievement of SDGs. It provides the youth with an opportunity to bring about a sustainable and scalable change by working along the lines of 17 SDGs. We work to resolve a diverse set of challenges that align with the global narrative of SDGs, focusing on the multidimensionality of development from job creation, community development & empowerment, education, entrepreneurship, health, environment and many more. It has empowered and created multiple urban and rural models for solving the key SDG challenges through systemic models of entrepreneurship. About Global Changemaker Fellowship Global Changemaker Fellowship is a 10 month advancement program intended to interface and develop a pipeline of Social Change Leaders who are focused on handling challenges in their local communities. Over the course of the program, the Fellows continue with implementing their initiative while participating in immersive workshops, training and mentorship. The fellowship equips changemakers with an opportunity to get access to global knowledge, community, training and tools to become more effective collaborators of change and grow their initiatives. The Fellowship Year A Global Cohort of 30 Individuals working on solving the challenges in their communities that are selected The Fellows continue to stay in their college/ jobs during the fellowship They attend 3 fully-funded training camps around the year Between the training, they complete weekly assignments 3-4 hours per assignment The fellows will be supported in their initiative by Global Experts and Mentors At the end of 10 Months, they become a part of the lifelong global communityfe Fellowship Focus Areas Adaptive and Collaborative Leadership: Catalyzing and embracing the process of creating change through collaboration Systems Thinking: Designing solutions for all stakeholders by examining problems through a systems lens Thought Leadership: Building the capacity of leaders to articulate the vision, speak across differences, and inspire others to act Sustainable Development Goals: Learning the foundations of social change while exploring the meaning of a sustainable future Polarities Management: Leading when opposing but interdependent values are in tension Eligibility for the Fellowship Dedicated leaders aged 13-30 Years with an entrepreneurial mindset and approach towards solving community-centric challenges Demonstrate a commitment to community development in social entrepreneurship or leadership Leading or an integral part of building an initiative that is along the lines of 17 Sustainable Development Goals (SDGs) Willing to undergo an intensive 10 month-long personal and professional leadership development Vision for transforming and scaling their initiative How to Register? Click here to apply for the fellowship. Registration Deadline The last date of registration is Feb 15, 2022. Contact Email: [email protected] For more information, click here.

Gaurav

Feb 11, 2022

T-Works Fellowship 2022 by Government of Telangana, Hyderabad

Applications are invited from eligible candidates for the T-Works Fellowship 2022 by the Government of Telangana. About T-Works T-Works, a Government of Telangana initiative, is India’s largest prototyping center that aims to create and celebrate a culture of hobbyists, makers, and innovators in India who explore and experiment without the fear of failure. Phase 1 of the prototyping facility in Hyderabad is spread across 78,000 sft and incorporates industry grade tools and world class equipment for welding, metrology, machining, CNC operations, PCB fabrication, woodworking, pottery, 3D printing, electronics development and testing, and so on. T-Works aims to lower barriers for prototype development by assisting startups, innovators, SMEs, and other stakeholders. Some of our esteemed partners include GE Appliances (a Haier Company), Honeywell, Huawei, Qualcomm, and Mouser. T-Works has also established a collaboration platform for partnering with state and central government institutions such as RCI, CCMB, NSTI, CITD, NIFT, and NID that helps us further lower barriers in prototyping and product development through access to mentors, talent, and equipment. To know more about T-Works visit -https://tworks.telangana.gov.in/s/overview About the T-Works Fellowship The T-Works Fellowship is a 12-month program for creative and passionate individuals, this position is based out of Hyderabad - Telangana State. Fellows will engage with stakeholders from government, corporate, educational institutions, startups, artists and makers. Fellows are categorized based on work experience, skills and capabilities. Fellows will spend the first few weeks learning about T-Works’ existing programs and conceptualizing new programs to accomplish the vision. The remainder of the fellowship will be spent executing proposed plans. Fellows can work independently, with existing teams, or take complete ownership of a project or program. Candidates with the passion for the maker culture and one or more skills across functions can apply. Whether you like to sketch, design, model, prototype, experiment, cut, weld, drill, or just make things, you can contribute. Last date for submitting the applications is 15th February 2022. Qualification / Eligibility & Experience Candidates should have gone through a formal education in Engineering / Arts / Design / Management / Operations / or any other field Having Graduation / Diploma / Certification in the respective field of education will be preferred Creative thinkers, artists, makers, innovators Roles and Responsibilities Roles include, but are not limited to, engineering, architecture, management, marketing, communications, plant management, project management, design engineering Working on projects and programs aligned with the vision of T -Works. For example: As an engineer or designer, assist innovators to build better prototypes or products that improve livelihoods of the community As a management professional or graduate, contribute to project and product management, analysis, coordination, and communication Collaborate with teams across T-Works and the Telangana Government Ecosystem of partners and stakeholders Participate in brainstorming activities for product ideation and prototyping Collaborate with internal project delivery teams and understand current projects that are being implemented at T-Works Assist innovators, users, makers, artists, and startups at T-Works Identify problem statements and help design creative and innovative solutions Remuneration of the T-Work Fellowship T-Works Fellowship is a 12-months full-time paid program based out of Hyderabad and is offered at two levels: Fellow - Remuneration of Rs.40,000 per month, work experience under 10 years Senior Fellow - Remuneration of Rs.55000 per month, work experience greater than or equal to 10 years Remuneration is inclusive of all taxes How to Apply? Interested applicants can apply for the fellowship through this link. Contact In case of any other queries about the fellowship program, write to us at [email protected]. For more information, click here.

Gaurav

Feb 10, 2022

ICSSR National Fellowships 2022

Applications are invited from eligible and interested candidates for the ICSSR National Fellowships 2022. About ICSSR National Fellowships Nominations are invited from Vice-Chancellors of public-funded Central and State Universities, Directors of the ICSSR Research Institutes/Regional Centres, present and former Council Members and National Fellows of the ICSSR for its prestigious National Fellowship in the field of Social Sciences. National Fellowships are awarded to eminent Indian Social Scientists in recognition to their scholarly contributions and providing opportunities to engage themselves in full-time research that have the potential to contribute in advancement of knowledge in social sciences. The broad disciplines of study, within the domain of social sciences, are: Economics Management Commerce Sociology Social Work Social Anthropology Cultural Studies Socio-Sanskrit Studies Socio-Philosophical Studies Social Linguistics Gender Studies Health Studies Political Science International Studies Public Administration Diaspora Studies National Security and Strategic Studies Education Social Psychology Legal Studies Social Geography Environmental Studies Modern Social History Media Studies Library Science Eligibility Renowned retired Indian social scientists who have not availed of ICSSR National Fellowship earlier, are eligible to be nominated as described in 4.1 below. The nominees should have outstanding academic work and a significant amount of high quality research publications to their credit. Senior Government and defence officers of not less than 25 years of regular service in any of social science disciplines and demonstrable research experience through publications of books/research papers/reports can also be nominated. A fellow is required to affiliate himself/herself to a UGC recognized Indian university/institutes of national importance and ICSSR Research Institutes, of his/her choice. Funds are disbursed through the affiliating/administering institution. Procedure for Award Nominations are initially scrutinized and short listed by the ICSSR with the help of an Expert Committee. The short-listed scholars will then be requested to submit a detailed proposal for consideration by the Selection Committee constituted by the ICSSR. The Selection Committee considers the detailed proposals and make recommendation for award by the ICSSR. The Expert Committee of the ICSSR also reserves the right to convert a fellowship proposal into a Project Proposal. Duration and Value National Fellowship is a full time research work. The duration of the fellowship is for two years only. The value of the fellowship is Rs.60, 000 p.m. and contingency grant is Rs.60, 000/-p.a. irrespective of the pensionary benefit. How to Apply? Direct applications for National Fellowships are not accepted. Nominating individuals should not forward more than two nominations. For nomination, send your recommendation letter with justification. Also forward abstract of the proposed research proposal in about 1000 words, curriculum vitae, and abstracts of ten best publications of the nominee scholar. Softcopy of the nomination may be sent through email on [email protected] and hard copy to the Incharge, RFS Division, ICSSR, JNU Institutional Area, New Delhi – 110 067. Application Deadline The last date to receive nominations is Feb 15, 2022. For details, please visit here.

Gaurav

Feb 09, 2022

Asian Development Bank (ADB) – Japan Scholarship Program (JSP) 2022/23 [For PG Studies]

Applications are open for the Asian Development Bank – Japan Scholarship Program (ADB-JSP) 2022/23, for those who aspire to pursue their postgraduate studies, to further contribute to the economic and social development of their home countries. About the Scholarship The Asian Development Bank–Japan Scholarship Program (ADB-JSP) was established in April 1988 with financing from the Government of Japan. It aims to provide an opportunity for well-qualified citizens of ADB’s developing members to pursue postgraduate studies in economics, business and management, science and technology, and other development-related fields at 29 educational institutions in 10 countries in Asia and the Pacific. Upon completion of their study programs, scholars are expected to contribute to the economic and social development of their home countries. Eligibility The candidate should: be a national of an ADB borrowing member country and Japanese ODA scholarship-eligible country not hold dual citizenship of any developed country; have gained admission to an approved master’s course at a Designated Institution. hold a bachelor's degree or its equivalent with superior academic record; have at least two (2) years of full-time professional working experience (acquired after a university degree) at the time of application. The candidate must have proficiency in oral and written English communication skills to be able to pursue studies; not be more than 35 years old at the time of application, unless waived in exceptional cases with the expressed endorsement of the Government of Japan; be in good health; agree to return and work in his/her home country for at least two (2) years after completion of studies under the Program in order to contribute to its development; not be an Executive Directors, Alternate Directors, management, staff and consultants of ADB, or the close relatives of the aforementioned by blood or adoption with the term "close relative" defined as: spouse, mother, stepmother, father, stepfather, sister, stepsister, brother, stepbrother, son, daughter, aunt, uncle, niece, or nephew; not be staff of ADB–JSP Designated Institutions; not be living or working in a country other than his/her home country; and not be already enrolled in graduate degree programs. Major Fields of Study Science and Technology Agriculture, Biological Science, Computer Science, Energy, Engineering, Environment, Forestry, Genetics, and Health Economics, Business and Management Accounting, Business Administration/Management, Commerce, E-Business, Entrepreneurship, Economics, Finance, International Cooperation, and Social Sciences Development Studies Asia Pacific Studies, Development Management, and Development Studies Law and Public Policy International Business Law, International Environmental Law, Policy Studies, Political Science, Public Administration, and Public Policy What is Offered The ADB-JSP provides: full tuition fees monthly subsistence allowance (including housing) books and instructional materials medical insurance travel expenses Note: For scholars engaged in research, a special grant may be available for thesis preparation. In special circumstances, computer literacy, preparatory language and other similar courses may be covered under the scholarship. Available to citizens of the following countries/areas Afghanistan Armenia Azerbaijan Bangladesh Bhutan Cambodia Cook Islands Federated States of Micronesia Fiji Georgia India Indonesia Kazakhstan Kiribati Kyrgyz Republic Lao People’s Democratic Republic Malaysia Maldives Marshall Islands Mongolia Myanmar Nauru Nepal Niue Pakistan Palau Papua New Guinea Philippines Samoa Solomon Islands Sri Lanka Tajikistan Thailand Timor-Leste Tonga Turkmenistan Tuvalu Uzbekistan Vanuatu Viet Nam Procedures for Applying Applicant requests for information and application forms from the chosen partner institution Applicant completes required documents [1] for application including ADB-JSP information sheet Applicant sends documents to institution [2] Institution evaluates and decides on admission and applicant Institution sends shortlist of candidates to ADB [3] ADB reviews submission from institutions Duration of the Scholarship Award The scholarship is for one (1) year with an extension to the second year of study, as appropriate, which shall be conditional on the scholar maintaining a satisfactory level of performance as determined by the institute. The maximum duration of scholarship award is two (2) years for masters program. ADB recommends awardees based on its selection criteria to the Japanese executive director for approval ADB selects scholars and informs institution Institution informs all scholars Contact Information Office of Cofinancing Operations For inquiries, click here. Fax: +63 2 636 4444; +63 2 636 2456 Website: http://www.adb.org/JSP/ Facebook: https://www.facebook.com/adbjapanfunds For more information, click here.

Gaurav

Feb 08, 2022

Defamation in the Cyberspace: Lack of Data Protection Act in India

Introduction An individual’s access to the internet has a major impact on day-to-day life. Human interaction has never been simpler because of the platform given by the internet. The Internet is a low-cost, high-speed medium of communication all over the world. However, as communication has become more convenient, the inconvenience caused by the misuse of communication channels has grown accordingly. People who publish deceiving facts about a person or an entity, damaging their goodwill and reputation in society, have unrestricted powers to a greater extent on social media because limitations to freedom of engagement have been removed. Popularly referred to as "trolls" informally, such behavior constitutes cyber defamation. What is Cyber Defamation and how it is different from Physical Defamation? Section 499 of the Indian Penal Code defines defamation as whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person is said to defame that person. Defamation can be categorized into two categories, namely, "slander" and "libel." Slander is defined as "destroying someone's reputation through a false spoken statement”, whereas "Libel" is defined as "false published or written statement causing harm to someone's reputation." However, a mere criticized statement does not amount to defamation. If it does not hold any constructive comment then the publication of such a statement is a prerequisite to establishing defamation. Similarly, any act of defamation that occurs in cyberspace is referred to as cyber defamation or online defamation. When an internet device is used as a tool or medium to deceive or misguide an individual or organization's public image on social networking sites such as Facebook, Twitter, etc, then it is known as cyber defamation. Due to widespread of the reach of these social media sites, the level of harm can be vigorous. Defamation is both a civil and a criminal offense in India, where due to lack of specific data protection act, the related provisions are mentioned in the Information Technology Act, 2000. According to the Information Technology Act, 2000, such an offense must include the usage of electronic equipment. The defamation through online medium falls into the category of libel as the electronic records are designated as documents whether it may be in the form of written text, audio, or video files. The Delhi High Court observed in the case of Dharambir v. CBI (2011) that "given the wide definition of the words documents and evidence in the amended section 3 of the Evidence Act, 1872 to be read with section 2 (o) & (t) IT Act 2000, there can be no doubt that an electronic record is a document," and the Supreme Court in 2019 stated in the case of P. Gopalkrishnan v. State of Kerala that "there can be no doubt that an electronic record is a document" In such a case, the appropriate step is twofold: first, to initiate a proceeding for tracing the identity, and second, to initiate a proceeding for criminal or civil defamation, they can be done separately or concurrently, implying that the appropriate step is to locate the identity first, and then to initiate the criminal or civil proceeding. Asia’s First Case of Cyber Defamation: SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra Asia’s first case of cyber defamation was filed in India where the Delhi High Court took jurisdiction the case in which a company's reputation was being slandered through emails and issued a significant ex-parte injunction. In this case, the defendant Jogesh Kwatra, who worked for the plaintiff company, began sending derogatory, defamatory, obscene, vulgar, filthy, and abusive emails to his employers as well as to various subsidiaries of the said company around the world in order to defame the company and its Managing Director Mr. R K Malhotra. The plaintiff company filed a lawsuit seeking a permanent injunction to prevent the defendant from sending insulting emails to the employees of the plaintiff. It was argued on behalf of the plaintiffs that the defendant's emails were clearly obscene, vulgar, abusive, frightening, humiliating, and defamatory. Plaintiff’s counsel stated that the purpose of sending the emails was to defame the plaintiffs' reputation in the market both nationally and internationally. The defendant's actions invoked the plaintiffs' legal rights. Furthermore, the defendant had a legal obligation towards the plaintiff not to transmit the aforementioned communications. The plaintiff company terminated the defendant's employment after discovering the abusive emails sent by the defendant. After hearing the plaintiff's extensive arguments, the Hon'ble Judge of the Delhi High Court issued an ex-parte ad interim injunction, stating that the plaintiff had shown a prima facie case. As a result, the Delhi High Court barred the defendant from sending defamatory, obscene, vulgar, humiliating, or abusive emails to the plaintiff’s company or it’s subsidiaries outside the country. Furthermore, the defendant was barred from publishing, sending, or causing to be published any material that is disparaging, defamatory, or abusive to the plaintiffs, both in the real world and in cyberspace. Comparative analysis on cyber laws from an international perspective: Developing countries like India are progressing in many sectors, but have a slow growth rate in the cyber sector. Developed countries such as the United Kingdom and the United States, on the other hand, are significantly more advanced in the cyber domain. The United Kingdom has strong cybercrime legislation under the Computer Misuse Act, 1990, consisting of strategic legal protection for their netizens, whereas the United States check cyber crimes under the Computer Fraud and Abuse Act, 1986. India has the Information Technology Act, 2000, which was last amended in 2008, protects individuals from cyber-related offenses. Technological advancements have reached a high peak but still, India is lacking to create specific legislation aligned with international standards of data protection against cybercrimes. Lack of data protection provisions also hampers the multinational businesses as the partners hesitate to share their trade secrets with no strong guarantee of protection. The United Kingdom is more feasible to multi-partner contributions to limit its policies, but India's cybersecurity is still divided between private and government activities, with an emphasis on national security challenges. One significant distinction is observed that the developing nations consider each defamation publication to be filed in a separate lawsuit, allowing defamation on the internet to be punished in the country where it was read particularly, although American law only permits one claim for the main publication. In India, if someone has defamed you on the internet, you have several legal options available to you. These include: Filing a complaint with the cybercrime cell of the police Sending a legal notice to the person responsible for the defamatory statement, demanding an apology and retraction Filing a civil lawsuit for damages in a competent court Seeking an injunction to prevent further publication of the defamatory statement It is recommended to consult a lawyer to understand the specific laws and procedures that apply in your case. To file a complaint with the cybercrime cell of the police in India, you can follow these steps: Gather evidence: Collect all relevant evidence of the defamatory statement, including screenshots, URLs, and any other supporting documents. Visit the nearest police station: Go to the nearest police station and inform the duty officer about the incident. They will direct you to the cybercrime cell. File a complaint: Fill out a written complaint and provide all relevant information and evidence. Provide identification: Present a government-issued photo ID, such as a passport or Aadhaar card, for identification purposes. File an FIR: The police will register an FIR (First Information Report) based on your complaint. Follow up: After filing the complaint, follow up with the police regularly to inquire about the status of the case. Note: The specific procedures and requirements for filing a complaint with the cybercrime cell may vary depending on local laws and regulations. It is advisable to consult a lawyer for legal guidance. Conclusion The ease of communication has greatly improved with the introduction of the internet age. However, there are always pros and cons of such conveniences. Due to the ease of transferring data and information through the internet, it has become a significant hotspot for defamation. Despite the fact that there are laws prohibiting people from publishing defamatory information online, most people are unaware of these regulations or are too careless to recognize whether such content is defamatory or not. Apart from the strong data protection laws, the Government shall also institute cyber cells with experts who can tackle the new age of cybercrimes. In this digital era, when free speech disrupts a person's reputation, it is necessary for the legal system to create a limit, preventing it to become a weapon in the hands of offenders. Legislation that teaches and informs users on what to do and what not to do, what is wrong and what is right, and what is defamatory and what is not defamatory in cyberspace is urgently needed. Furthermore, the intermediaries responsible for the open platforms should monitor the content on their social media and take necessary action against the offenders, thus creating awareness amongst the netizens. References Defamation in Cyber Space (legalservicesindia.com) What is Cyber Defamation? - LawLex.Org REVISITING CYBER DEFAMATION LAWS IN INDIA & COMPARISON WITH ENGLISH LAW - The Daily Guardian Cybercrimes against children grew 260% in 2020, data shared with Parliament shows (careers360.com) Defamation On Social Media- What Can You Do About It? - Litigation, Mediation & Arbitration - India (mondaq.com) Author Satyam Malakar BA LLB (Hons), 2nd year NMIMS, School of Law, Mumbai

Satyam Malakar

Feb 08, 2022

Applicability of Moratorium under Insolvency leads to stay on the Cheque Bounce Proceedings

The Madras High Court in a recent Judgment in M/s Nag Leather Pvt. Ltd. V. M/s Muzain Hides reiterated the observations made by Hon’ble Apex Court in P. Mohanraj Mohanraj and Ors. V. Shah Brothers Ispat, held that upon imposition of Moratorium under Section 14 of Insolvency And Bankruptcy Code (hereinafter, the Code), proceedings under Section 138 of Negotiable Instruments Act, 1881(hereinafter, the NI Act) cannot run parallel. Such proceedings can be initiated only against natural persons as described under Section 141 of the NI Act. What is Moratorium under Insolvency and Bankruptcy Code 2016 The moratorium is defined under section 14 of the Insolvency & Bankruptcy Code 2016. As per said section 14 on the commencement of insolvency, the adjudicating authority shall by order declare moratorium for prohibiting the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority. Legal Position before this Judgement The interpretation of Section 14 of the Code prior to the present Judgment and P. Mohanraj and Ors. V. Shah Brothers Ispat was that the Proceeding under Section 138 of NI Act being criminal in nature cannot be considered proceeding as described under the said section. Thus, Moratorium was not applicable to Section 138 of the NI Act. Confusing situation before these judgments in respect of criminal proceedings u/s 138 when the moratorium was applicable? Prior to the judgments, the applicability of section 14 was considered only in civil suits. Hence, a complaint under Section 138 of the NI Act could run parallel along with the initiation of the corporate insolvency resolution process since there was no clarity whether the “proceedings” mentioned under Section 14 of the Code included only civil proceedings or criminal as well. The issue first arose before the High Court of Bombay in Tayal Cotton Pvt. Ltd. v. the State of Maharashtra. It was held that the words “suits or proceedings” under Section 14, did not include proceedings under Section 138 of the NI Act. Subsequently, the Calcutta High Court in MBL Infrastructure Ltd. v. Manik Chand Somani also held that the declaration of moratorium does not prohibit the continuation of criminal proceedings against the company or its directors. A similar interpretation was held by the NCLAT in the Shah Brothers Ispatcase. In this case, while the cheque dishonour proceedings were ongoing, parallel proceedings under Section 9 of IBC for initiation of corporate insolvency resolution process by the operational creditor, were initiated by the creditor. NCLT upon admitting the proceedings ordered a moratorium. Thereafter, two cheque bounce cases were stayed by NCLT that were initiated by the creditor. This order was challenged before the NCLAT. The NCLAT setting aside the order held that cases under the NI Act, are criminal in nature and therefore, cannot be considered a “proceeding” under Section 14 of the Code. Thereafter Hon’ble Apex Court decided the following in the case of P. Mohanraj & Ors. Vs M/s. Shah Brothers Ispat Pvt. Ltd: Proceedings under Sections 138 and 141 of the Act are considered “proceedings” under Section 14(1)(a) of the Code as Section 14(1)(a) has a broad scope. Moratorium under the Code would apply equally to actions brought under Section 138 of the NI Act. Once the moratorium period expires, the proceedings may resume. Actions under Section 138 of the NI Act against the corporate debtor’s directors/persons of the Company can be continued or begun. How this Judgment will be helpful for Companies After the clarification on the interpretation of Section 14 of the Code given by the Apex Court in the event of the imposition of Moratorium under IBC, a criminal complaint under section 138 NI Act can still continue against a natural person. Thus, recovering money from an individual will not go on hold in the scenario of the imposition of Moratorium under the Code. The judgment has come as a magnifying glass to the interpretation of section 14 of IBC, on which the code was ever silent. This would hopefully enable the recovery of money smoother under both the Acts as it harmonizes the provisions of the Code and the NI Act. Author Consultant at Mirza & Associates, Advocates & Attorneys Linkedin Page | www.mirzaandassociates.com Offices at: Delhi, Mumbai & Chennai

Gaurav

Feb 07, 2022

Netaji Subhas Chandra Bose Senior Fellowship 2022

Applications are invited from eligible candidates for the Netaji Subhas Chandra Bose Senior Fellowship 2022. About the Fellowship To commemorate 125th Birth Anniversary of Netaji Subhas Chandra Bose and to celebrate the 75 years of India’s Independence (Azadi Ka Amrit Mahotsav), Indian Council of Social Science Research (ICSSR) invites research proposals from scholars of North-Eastern States of India for Netaji Subhas Chandra Bose Senior Fellowship (NE States) for conducting full time research on themes and issues of national and social importance. The broad disciplines of study, within the domain of social sciences are: Economics Management Commerce Sociology Social Work Social Anthropology Cultural Studies Socio-Sanskrit Studies Socio-Philosophical Studies Social Linguistics Gender Studies Health Studies Political Science International Studies Public Administration Diaspora Studies National Security and Strategic Studies Education Social Psychology Legal Studies Social Geography Environmental Studies Modern Social History Media Studies Library Science Eligibility The scholar should not be less than 45 and more than 70 years of age as on the last date of application. The scholar must possess Ph.D. degree in any of the social science disciplines with outstanding research publications at the time of application. Senior government and defence officers (not less than 25 years of regular service) and persons with proven Social Science expertise possessing a Ph.D. degree in any social science discipline and demonstrable research experience through publications of books/research papers/reports, can also apply. A fellow must affiliate himself/herself to an ICSSR Research Institute/ Institutes of national importance, approved by MoE/government research institute/public funded university including deemed university of his/her choice. Funds are disbursed through the affiliating/administering institution. Faculties with regular service in public funded universities/colleges and research institutes getting UGC pay-scales may be considered for pay protection in exceptionally meritorious cases, which is to be decided by the Expert Committees of the ICSSR. The Expert Committee of the ICSSR also reserves the right to convert a fellowship proposal into a Project Proposal. Fellowship Amount There are two Fellowships with the duration of two years. It carries amount of Rs.45,000/- per month with contingency grant of Rs.40,000/- per annum. How to Apply? Softcopy of the duly filled in application form along with relevant attachments may be sent through email on [email protected] and hard copy of the same to be sent to the Incharge, RFS Division, ICSSR, JNU Institutional Area, New Delhi – 110 067. The last date of receiving the application is 15.02.2022. Application Deadline The last date of receiving the application is Feb 15, 2022. For more information, click here.

Gaurav

Feb 07, 2022

Fulbright-Nehru Master’s Fellowships 2023-2024 by USIEF

Applications are invited for Fulbright-Nehru Master’s Fellowships 2023-2024 by USIEF. The last date of application is 16 May. About The Fulbright-Nehru Master’s Fellowships are designed for outstanding Indians to pursue a master’s degree program at select U.S. colleges and universities in the areas of Arts and Culture Management including Heritage Conservation and Museum Studies; Economics; Environmental Science/Studies; Higher Education Administration; International Affairs; International Legal Studies; Journalism and Mass Communication; Public Administration; Public Health; Urban and Regional Planning; and Women’s Studies/Gender Studies. These fellowships are for highly motivated individuals who demonstrate leadership qualities, have completed the equivalent of a U.S. bachelor’s degree, have at least three years professional work experience, and are committed to return and contribute to their communities. The fellowships are for one to two years. Grant Benefits The fellowship will provide J-1 visa support, round-trip economy class air travel from fellow’s home city to the host institution in the U.S., funding for tuition and fees, living and related costs, and accident and sickness coverage per U.S. Government guidelines.* The Fulbright-Nehru Master’s Fellowships provide no financial support for dependents. USIEF funding may not cover all costs and the fellow may need to supplement grant benefits with other resources. Eligibility Requirements In addition to the General Prerequisites, the applicants: must have completed an equivalent of a U.S. bachelor's degree from a recognized Indian university with at least 55% marks. Applicants must either possess a four-year bachelor's degree or a completed master's degree; or a full-time postgraduate diploma from a recognized Indian institution, if the bachelor's degree is of less than four years' duration; must have at least three years' full-time (paid) professional work experience relevant to the proposed field of study by the application deadline; should demonstrate experience in leadership and community service; must not have another degree from a U.S. university or be enrolled in a U.S. degree program; and if employed, should follow the instructions carefully regarding employer’s endorsement. If applicable, obtain the endorsement from the appropriate administrative authority on the FNMasters Employer’s Endorsement Form. The employer must indicate that leave will be granted for the fellowship period. The applicant can download the FNMasters Employer’s Endorsement Form from the USIEF website. Fields of Study Each applicant must choose one field of study that matches his/her chief area of interest. The following field descriptions are illustrative, and applicants should note that individual academic host institution programs of study may differ in course offerings, subspecialties, and academic requirements. Applications are invited on the following fields only: Arts and Culture Management including Heritage Conservation and Museum Studies: The study of all aspects of art and culture management, including arts administration, heritage conservation and museum studies, management of profit and not-for-profit art institutions, among others. These fellowships are not for pursuing graduate degrees in fine or applied art and design or art history, but for the management of the arts. Economics: The study of production, demand and allocation of resources in society, economic trends, effects of government economic policy on the economy. Subspecialties include: development economics, international economics, macroeconomics, microeconomics, labor economics, agricultural economics, and public finance, among others. Environmental Science/Studies: The study of the environment in all its complexities. Subspecialties include environmental toxicology, natural resource management, pollution prevention, environmental law, environmental engineering and environmental policy analysis, among others. Higher Education Administration: The study of all aspects of higher education administration including policy planning and management, student affairs, academic affairs, admissions and enrollment management, curriculum design, learning assessment, financial management, alumni and community relations, internationalization of higher education, quality assurance, and use of technology in higher education, among others. International Affairs: The study of international relations with reference to foreign policy, conflict resolution, international security and strategic issues, international economic policy, environmental and energy policy, refugee and migration issues, human rights, and gender policy, among others. International Legal Studies: The study of all aspects of international legal studies including business law, commercial and trade law, employment and labor law, environmental law, global health law, human rights, intellectual property rights and law, international organizations, securities and financial regulations, litigation law, and tax law, among others. Journalism and Mass Communication: The study of all aspects of mass communication, including individual and convergent media platforms such as print, broadcast and new media. Sub-specialties include media management, and communications research and strategy. Subspecialties include media management, print journalism, online journalism, broadcast (radio, television, internet) journalism, and communications research and strategy among others. Public Administration: The study of management as it relates to the government sector (local, state, federal) or organizations serving the public. Subspecialties include policy analysis, non-profit management, international development, public sector management, public finance, healthcare management, and city/urban development, among others. Public Health: The study of all aspects of public health including biostatistics, environmental and occupational health, epidemiology, health law, bioethics and human rights, health policy and management, public health delivery systems, international health, and reproductive, maternal and child health, among others. Urban and Regional Planning: The study of all aspects of urban and regional planning, including sustainable infrastructure, transportation policy, planning and improvements, water and sanitation, town and rural planning, equitability, public space programing and governance, land use, community visioning, urban resilience, housing and real estate development, and waste management, among others. Women’s Studies/Gender Studies: The study of issues relevant to women, feminism, and gender including development, health, history, education, sexuality, law, and policy, among others. How to Apply Applications must be submitted online at: https://apply.iie.org/ffsp2023 Please carefully review the FNMaster's Applicant Instructions before starting your online application Please refer to FNMaster's Applicant Checklist before submitting the application In addition, you must complete and upload the following documents on your online applicaiton: FNMaster's Applicant Annexure, FNMaster's Employer's Endorsement Form (if applicable). Note: Application Deadline: May 16, 2022, 23:59:59 hrs (IST) Timeline and Placement Process May 16, 2022: Application due date for 2023-2024 awards End June 2022: Field-specific experts review applications End July 2022: USIEF informs the applicants about the review outcome End August 2022: National interviews of short-listed candidates Early September 2022: USIEF notifies principal and alternate nominees. Nominees take tests (such as TOEFL and GRE) October 2022: USIEF forwards applications of recommended candidates to the U.S. for J. William Fulbright Foreign Scholarship Board (FFSB) approval and placement March/April 2023: USIEF notifies finalists May/June 2023: Pre-Departure Orientation July/August 2023: Pre-academic training in the U.S. (if required) August/September 2023: Degree program begins For any queries contact: [email protected] For more information, click here.

Gaurav

Feb 02, 2022

The Indian Union Budget 2022

On 1st February 2022, the most anticipated Union Budget 2022 for Asia’s third-largest economy, India, was announced by the finance minister, Nirmala Sitharaman, for the financial year 2022-23. For the first time since independence, the Union Budget 2022 was paperless and presented through a digital tab. While discussing the budget, the finance minister stressed “inclusive development” to be the focal point of Union Budget 2022. Among the many things, Budget 2022 has proposed increasing India’s economic expenditure to Rs 39.5 trillion to kick start growth plans. Here’s a list of some of the most crucial points of Union Budget 2022: 1. Income Tax In order to provide social security benefits to the State government employees, the tax deduction limit has been increased from 10% to 14%. On the other hand, the tax deduction limit has been decreased from 18% to 15% for the employees of the Centre government in their contribution to NPAs (Non-Performing Assets, such as loans from banks). This will bring them in the same zone of benefits that are available to the employees of the Centre government. The alternative minimum tax for cooperatives has also been reduced from 18.5% to 15%. However, no action has been proposed to counter inflation in the economy. No guidance has been given to tackle the massive price rise of essential commodities. 2. Virtual Digital Assets The government has proposed to tax incomes through the transfer of any virtual digital asset at a flat rate of 30%. This implies that if an individual has any kind of cryptocurrencies = such as bitcoins, then income derived from such investments or transfers will be taxed at the rate of 30%. Also, any gift of virtual digital assets shall also be taxed at this rate by the recipient. The Finance Minister also announced that in the financial year 2022-23, the Reserve Bank of India will issue a “Digital Rupee” using blockchain and other technologies that will be accepted in the entire world for transactions. 3. Education Sector Digital DESH e-portal will be introduced for better skilling of the students. In order to provide education in regional languages “One Class, One TV Channel” will now have 200 TV channels for classes 1 to 12. A “digital university” will also be introduced to guide students for world-class education with respect to ISTE (formerly known as National Educational Technology Standards, ensuring the use of technology in teaching and learning) standards. 4. National Tele Mental Health Program The pandemic has affected the mental health of people as much as it has affected their physical health. For providing mental health counseling, the Government has proposed to launch a National Tele Mental Health Program, that will help the needy with their mental health. 5. Women-centric schemes A budget of Rs 25, 172 crores has been allotted to the Women and Child Development Ministry, which is an increase of 3% from the previous financial year 2020-21. The Government has also launched “Mission Shakti”, “Mission Vatsalya” and “Poshan 2.0” for women and child-led development. 6. National Highways and Railways A digital platform “PM Gati Shakti” was launched by the Prime Minister in October 2021, aiming towards improving integrated planning in railways and roadways together to upgrade the implementation of infrastructure connectivity projects. Budget 2022 proposes to introduce multi-modal connectivity in this scheme, which will help the states for faster implementation of development programs. An amount of Rs 20,000 crore has been allotted. This technology will implement the faster movement of goods and people. It has also been proposed that in the coming three years, 400 new generation Vande Bharat trains will be created with better energy efficiency and passenger comfort experience. 7. Hospitality Sector The Emergency Credit Line Guarantee Scheme (ECLGS) was introduced by the Finance Ministry in 2020 to aid the Micro, Small, and Medium Enterprises (MSMEs) sector in view of economic instability due to the Covid-19 pandemic. The hospitality sector in particular is still not stable. Hence the Government has decided to extend the services of ECLGS for MSMEs until March 2023. The scheme has been allotted an increased cover of Rs 50,000 crore. 8. Banking Sector Union Budget 2022 has primarily focused on Digital India. In order to increase the awareness and use of digital banking services, 75 digital banking units in 75 districts of the country will be launched. Thus, the “Ease of Doing Business 2.0” scheme will be launched by repealing 1,486 union laws. Also, 1.5 lakh post offices will come under the core banking system in 2022. 9. Agriculture Sector A wave of technology will be driven in the farming sector. “Kisan Drones” will be created to assist the farmers in crop assessments, maintenance of land records, spraying of insecticides, and aid in other farming activities. 10. Introduction of E-Passports It has been announced in Budget 2022, that “e-passports” will be rolled out in 2022-23 for easement in overseas travel. 11. Start-ups Start-up companies that have been established before 31st March 2022 will be provided a tax incentive for consecutive three years out of their ten years of incorporation. This tax incentive is also applicable to those start-ups that will be established by 31st March 2023. 12. Housing Sector The Union Budget 2022 has allotted Rs 48,000 crore to “PM Awas Yojna” under the housing scheme to enable the construction of about 80 lakh houses by the financial year 2022-23. Also, Rs 60,000 crore has been allotted to the “Har Ghar Nal Se Jal” scheme to provide clean drinking water facilities in the homes of approximately 2 crore households. 13. Defense sector The budget for the “Atmanirbhar Defense” initiative has been raised by 68%. This decision aims to decrease the dependence on imported military equipment to have a more self-dependent defense sector.

Priyanka Mangaraj

Feb 01, 2022

Trade Secrets: Codifying Laws in the Digital Age

Introduction Trade secrets are one of the most vital forms of intellectual property of a company. These secrets can be any practice, design, data, process, knowledge, or pattern which have commercial value attached to them. Trade secrets are not generally known by all the members of the company; only a few members are usually privy ro this information. They are a compilation of information that provides a competitive advantage over other rival businesses. TRIPS agreement has defined “trade secret” under Article 39 as a secret which cannot be accessible by all members of an institution; it shall have a commercial value and the person who is lawfully responsible to keep it as a secret should have taken all possible measures to protect it. Differing from other forms of intellectual properties which need registration to be protected, trade secrets do not require any sort of registration. People who are lawfully assigned to keep it a secret need to sign non-disclosure agreements which must be included in their employment agreements with the company/institutions. A non-disclosure agreement (NDA) is a type of legal confidential agreement between two or more parties to a contract which forms a confidential relationship between them and breaching of which will lead to compensatory consequences. Trade secrets do not even have a specific time period for protection unlike patents, copyright, and trademark. Once information is saved as a trade secret, it does not need to be renewed. It can remain the same as long as the trade secret owner consents. However, preventive measures must be taken to protect the secrecy of the information. Need for Policy Reform of Trade Secret in Digital Age In the 21st century, we have entered the digital era, where cyber theft has been a major drawback for most businesses. Due to globalization countries have eliminated all the global trade barriers to expand their business all over the world in order to raise the country’s economy as well as provide a number of quality options of goods and services to the customers. Hence protecting the most important information of one’s business through mere confidential agreements seems to have weakened the trade. Trade secrets are the oldest form of intellectual property that still does not have separate and proper legislation with provisions related to its infringement and rights of the specific owners. In the present digital age, data has developed to turn into a valuable instrument, and for protection of this; numerous countries have specific legal provisions for the prevention of trade secrets from being infringed. Notwithstanding, India actually doesn't have any legislation pointed toward the safety of trade secrets. The IT Act, 2000 is not well equipped for fighting offenses such as phishing, spying, bullying, hacking, spreading of fake news, etc. India is certainly in need of a separate data protection act having well emerged modern techniques and laws to combat the problems arising out of recent or future technological advancements. Before the digital age, trade secrets are physically kept somewhere and there was a chance of theft of that physical material. But nowadays physical presence of the information is not a requirement. The advancement of information technology is a great tool for expanding the business and connecting with customers but it increases the huge risk of data misuse or cyber-crime. The unauthorized use of confidential data of the business is known to be unfair trade practice. Earlier, if someone wants to misuse the information of the company then he/she could commit theft of the physical documents which are available in the office. But now everything is stored in the software or in any digital vault. However, it is not impossible for a cybercriminal or hacker to obtain the trade secrets of a business. The cyber-criminal or hacker can sit in his/her room and can access the data easily. So as a result, it is very important that the owner of the trade secrets should be very careful and protective of the trade secrets of business. There should be very limited access to confidential information. In this time others will try to find out the trade secrets of their competitors but to limit the information to certain people, signing of NDAs, a SWAT team, excellent software will help to reduce the chances of cyber theft. However, SWAT stands for special weapons and tactics. The majority of the problems are because there is no special team in the company who are responsible for the protection of trade secrets and other important information which comes under confidentiality. SWAT can be the specific team for the protection of trade secrets. The courts also did not consider the cases of companies that did not place a person or group in the management of trade security. Therefore, training and capacity building with staff and third parties should be a necessity for life. In this digital era, it is very crucial to protect the data in a very stringent manner. Physical and electronic securities are crucial to the protection of inventory. Japanese courts have ruled that the company must "exercise restrictions on physical and electronic access" so that information can be considered "confidential" in order to be protected from unfair competition with trade secrets. Companies should also put in place privacy protection and establish physical and professional security and privacy measures. In one of the leading cases of trade secrets, John Richard Brady v Chemical Process Equipments Pvt. Ltd AIR 1987 Delhi 372, where the plaintiff had shared specialized data and details of the creation unit of the defendant company, the Delhi High Court granted an order of injunction despite the shortfall of NDA between both the parties related in the suit. International Scenario While these guidelines may fill in as provisional measures to maintain a trade secret theft, India should enact its specific legislation for trade secrets. As a member of the World Trade Organization and a signatory of the General Agreement on Trade and Tariffs, India will undoubtedly consent to every instrument and annexes to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Article 1(2) of the Agreement states that the Intellectual Property will incorporate protection of undisclosed data. Further, it should also be noted the effective protection against unfair trade practices, as given in Article 10bis of the Paris Convention. The digital world is no companion to trade secrets and the organizations have to accept that others will endeavor to find and discover their trade secrets. Making stricter laws won't just guarantee that secret data is protected yet additionally will help in developing organizations and, thus, the nation's economy. When comparing the laws of data protection in different nations like European Union's General Data Protection Regulation (GDPR) and United Kingdom's Data Protection Act, residents and citizens in the European Union and the U.K. enjoy different rights, for example, high protection settings of course, so the information isn't accessible freely with no consent of their party and such assent can likewise be taken at any point of time. A few nations are considering trade secrets as a piece of their Intellectual Property system and India is also making critical improvements towards the equivalent. India approved the National IPR Policy to include Trade Secrets in its IP laws and furthermore introduced the draft Personal Data Protection Bill, which protects the rights of the people and/or companies whose information is processed by the state/private entities and furthermore gives solutions for unapproved handling of such information, guaranteeing a viable legitimate structure for all IP rights, including protection of trade secrets. The draft Bill thinks about different angles like foreign investment and the development pace of IT business in India, accordingly guaranteeing a general advancement of Intellectual Property laws in India. Suggestions The provisions of Indian law with respect to cyber-crimes are not well equipped to handle disputes in the digital world. With the rapid rise of cyber-crimes, the law also needs to follow up with the changes in society. The country in order to grow has to accept the changes happening every day and should comply with it by amending or upgrading its own legal system. Protection of trade secrets in India is at a very crucial phase. India still being a developing country has huge potential in strengthening its digital backbone. With an ample amount of research and development trade secrets, laws can be drafted as a separate legal framework that would be focusing entirely on the problems and issues of confidential information of an enterprise. References: http://www.legalservicesindia.com/articles/tradesecrets.htm https://nondisclosureagreement.com/trade-secrets-vs-patents-vs-copyrights.html https://www.mondaq.com/india/trade-secrets/412730/trade-secrets-in-india-need-for-a-comprehensive-regulatory-review?type=mondaqai&score=79 https://www.wipo.int/wipo_magazine/en/2016/01/article_0006.html https://www.mondaq.com/india/trade-secrets/412730/trade-secrets-in-india-need-for-a-comprehensive-regulatory-review https://www.mondaq.com/india/aviation/885694/drone-law-policy-developments-in-india-welcoming-drones-in-2020 Anukriti Assistant Legal Officer, Varal Consultancy DMCC

Anukriti Bhushan

Feb 01, 2022

The Ongoing Tussle over Online Gaming in India

Introduction The last decade has seen great leaps in mobile usage and Internet penetration in India. A consequence of the ubiquity of mobile devices and the Internet has been the wide adoption of online games. Being still mostly unregulated, the online gaming space has seen proliferation of games of chance as well as skill based games. More importantly, ‘real money gaming’ has exploded. The isolation imposed by COVID-19 has resulted in a significant increase in the number of casual online gamers in India. Gambling in India is viewed with a negative connotation, even today, and real money gambling is an emotive issue. This presents a unique regulatory challenge – how to limit the ‘ill effects’ of online gambling, without limiting games of skill and other legal businesses. Interestingly, certain Indian State legislatures have been at the forefront of regulation, seeking to limit what can and cannot be offered in online gaming. But Indian States have often overreached in their regulatory zeal, leading to push-back from State High Courts. This State Legislature vs. State Court tussle is gathering steam, and shows no sign of slowing down. Regulating a ‘Vice’ The primary central law regulating gambling is a 150-year-old law (Public Gambling Act, 1867). Although this law does not define gambling, it differentiates between ‘games of skill’ and ‘games of chance’; excluding the playing and offering of games of mere skill from the prohibition on gambling. Most state-enacted laws also exempt games of skill from the purview of gambling. In consonance with this, Indian Courts have generally upheld this distinction, by ruling that games of skill l’ i.e., is one where success depends principally on the superior knowledge, training, attention, experience and adroitness of a player do not fall into the category of gambling. On the other hand, since results of a ‘game of chance’ are arbitrary and dependent on elements beyond the control of the player, it constitutes gambling. Indian Courts apply the ‘dominant element’ test to determine the legality of a game– i.e., where the element of skill predominates over the element of chance, such a game shall be a ‘game of skill’. Competitions involving substantial skill do not constitute gambling activities. Courts have also clarified that no game can solely be skill based, and will inadvertently involve an element of chance. Recent State Laws Wary of the effects of online gaming, certain Indian states (particularly Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana, and Rajasthan) have sought to implement the prohibition of all forms of online gaming, irrespective of the nature of the game (skill or chance). High courts striking down prohibition Following these regulatory changes, gaming stakeholders approached the respective State’s High Courts for relief. In the recent past, the Tamil Nadu High Court (“TN HC”) and Kerala High Court (“Kerala HC”) have rolled back some of these prohibitions. On August 3, 2021, the TN HC struck down the TN Amendment’s ban imposed on online gaming. The matter was Junglee Games India Pvt. Ltd. & Anr. v The State of Tamil Nadu & Ors (“TN Judgement”). The TN HC characterised the state’s ban as contrary to the intention of established laws and Supreme Court judgements on gaming, i.e., to permit games of skill. It held that the ban was unconstitutional, disproportionate, and ‘paternalistic’ nature, as it sought to prohibit activities that it should regulate. Observing that there are no notable differences between online and offline formats of certain games (such as Chess and Scrabble), the Court also ruled that such a wide and disproportionate prohibition would deprive individuals from exploiting their skills, consequently violating the fundamental right to practice any trade, business profession or occupation. In the same vein, on September 27, 2021 the Kerala High Court (“Kerala HC”) in Gamekraft Technologies Private Limited & Ors v. State of Kerala & Ors, set aside the Notification issued by the state government withdrawing the game of skill recognition accorded to ‘Rummy’ (a card game recognised to be a game of skill by the Supreme Court of India in 1968). The Court noted that such a withdrawal had no merit as Rummy had been concluded to be a game of skill by the Supreme Court and further stated that “playing for stakes or playing not for stakes can never be a criterion to find out whether a game is a game of skill”. Echoing the views of the TN HC, the court ruled that the Notification was arbitrary, illegal and violative of the fundamental right to practice a trade comprising games of skill. This judicial trend is in keeping with judicial rulings in the past. Indian Courts have consistently upheld the game of skill v/s game of chance distinction. Since the 1960s, Indian courts have examined features of games to ascertain the dominant element and it is a fact that a game of skill recognition essentially green lights development of similar games. In particular, online fantasy sports platforms have flourished courtesy of recognition of “Dream 11” as a game of skill by various high courts. There are still areas that lack clarity, however - Poker’s legality has been a point of contention since 2012. What happens next The TN HC and Kerala HC rulings indicates that Indian courts may continue to protect games of skill, but these rulings have not deterred further regulation. The state of Karnataka very recently amended its police act to outlaw “any act on risking money or otherwise on the unknown result of an event including on a game of skill, including games of skill”. It remains be seen whether this Amendment will be challenged in the State High Court. Author - Vikram Jeet Singh (Partner at BTG Legal) and Prashant Daga (Associate at BTG Legal).

Gaurav

Jan 31, 2022

CrossCulture Programme (CCP) Fellowships 2022 [Fully Funded]

Applications are invited from eligible candidates for the fully funded CrossCulture Programme (CCP) Fellowships 2022. About CrossCulture Programme (CCP) Fellowships With the CCP Fellowships, the CrossCulture Programme (CCP) funds around 120 professionals and committed volunteers from 46 countries each year. During two to three months of work-related stays in host organisations in Germany or CCP partner countries, participants deepen their expertise, establish new contacts and acquire intercultural skills. In turn, the host organisations benefit from the expertise, regional knowledge and networks of the CCP Fellows. Participants can also attend intercultural workshops, networking and professional events hosted by the CCP. After returning to their daily working lives, participants then bring the experience they have gained into their home organisation. In 2022, fellowships will be offered as digital as well as on-site fellowships. Subject to funding by the German Federal Foreign Office and based on their personal situation and COVID-19 entry requirements, participants may decide on one of these two options. Eligibility Prerequisites The applicant must be at least 23 years old at the time of the application. At least two years of proven professional experience or volunteer work in a civil society organisation in the country of origin. Good written and spoken English skills. The applicant is in good health for a longer stay abroad. Desirable The applicant has been or is socially engaged for the long term. The applicant can prove full-time experience in their field of work. A collaboration with an organisation in the target country is in progress or planned. The applicant possesses further language skills, particularly German. Fellowships are principally awarded to people working in one of the following fields: Policy and society Media and culture Human rights and peace Sustainable development In addition, from 2019 to 2023, the following key topics will also be focussed on: Digital civil society Non-formal political education Climate justice Countries Currently Participating Algeria, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Bhutan, Bolivia, Brazil, Chile, Colombia, Cuba, Egypt, Georgia, Germany, Guatemala, Haiti, India, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Libya, Malaysia, Mauritania, Mexico, Morocco, Nepal, Oman, Pakistan, Palestinian Territory, Qatar, Republic of Moldova, Russia, Saudi Arabia, Sri Lanka, Sudan, Tajikistan, Tunisia, Ukraine, United Arab Emirates, Uzbekistan. Funding Details Primarily, CCP Fellowships promote civil society actors, strengthening them in their work. This includes the following support and offers: Collaboration with a guest organisation from the CCP network, either on-site or online Mentoring for the duration of the fellowship Online / on site professional training in the fellow’s field of work, taking their individual and professional aims into account Networking with other CCP Fellowship holders Inclusion in the CCP alumni network For fellowship holders focussing on one of the key topics of CCP: participation in a professional event The ifa will cover the following costs for participants from abroad: a monthly stipend of 550 euros plus the coverage of costs for round-trip airfare, accommodation, monthly public transportation ticket within the fellow’s city of residence, health insurance, reimbursement of any visa fees incurred. The ifa will cover the following costs for participants from Germany: a monthly stipend of 550 euros plus a monthly accommodation allowance of 550 euros, reimbursement of round-trip airfare, reimbursement of any visa fees incurred, health insurance Participants are not meant to take family members such as spouses or children with them. The ifa does not cover any costs or assume any responsibility for further persons. The scholarship amount listed above is subject to funding approval by the German Federal Foreign Office. How to Apply? Interested applicants can apply for the fellowship through this link. Application Deadline Feb 6, 2022 Contact Telephone: +49.711.2225.156 Email: [email protected] For more details, click here.

Gaurav

Jan 27, 2022

Project Bridge Scholarship – Financial Assistance for Co-curricular Activities in Law School, by Gradyoumate Foundation

Gradyoumate Foundation is calling for applications for their Project Bridge Scholarship, a financial assistance programme for co-curricular activities in law school. About the Organiser Gradyoumate Foundation is a not-for-profit organisation registered under section 8, Companies Act, 2013. The organisation is established with the motive to support and enable deserving students to overcome financial constraints at key junctures of their law school life. With the belief that crucial elements of legal learning are also imparted beyond our classrooms through activities such as debates, internships, moot courts etc., the initiative does not want law students to miss out on them owing to financial impediments. Such extra and co-curricular activities not only play a key role in making a law student ‘industry ready’ but does a world of good to their confidence. In consideration of this, Gradyoumate has tailor-made financial support programs around law school activities such as internships, certificate courses, moot courts etc. wherein we cover the costs associated with them. About the Project Bridge Scholarship Programme Project Bridge is a unique initiative that is designed to encourage students to pursue skill enhancement and extracurricular activities that has potential for knowledge building and career advancement. ? In Gradyoumate’s pursuit to render financial support to budding lawyers, Project Bridge aims to cover application fees/registration charges either in part or full for skill development programs and events such as certificate courses, workshops, moot courts, seminars, mock trial and other similar co-curricular activities that are promising and worth trying. The expenses will be borne either in full or partially depending on the available number of scholarships and the need of the applicant. Who is it for? Law students pursuing 3 year and 5 year law programs in India Law students from economically weak backgrounds Mode Online Registration Procedure Please refer to the instructions and fill the application form on or before 14th February, 2022. Deadline February 14, 2022 Contact Information E-mail: [email protected] [email protected] Instagram: @gradyoumate For more information, click here.

Gaurav

Jan 20, 2022

Turkey Scholarships 2022

Applications are invited from eligible candidates for the fully funded Turkey Scholarships 2022. About the Turkey Scholarships 2022 Turkey Scholarships is a government-funded higher education scholarship program run by the Republic of Turkey for international students. The primary purpose of Turkey Scholarships is to provide equal opportunities to successful students around the world in order for them to receive scholarship education at international standards. It is also aimed to develop mutual cooperation between Turkey and other countries and to contribute to regional and global development in many fields from academia to art, from economy to literature, technology to architecture. Eligibility Eligible Groups Citizens of all countries Graduates or those who will graduate at the end of the current academic year (before August 2022) Researchers and academics Ineligible Groups Turkish citizens and individuals who have lost Turkish citizenship Individuals who are currently enrolled in programs at Turkish universities at the level of education they will apply for Application Criteria Minimum Academic Achievement For undergraduate candidates: 70% For graduate candidates: 75% For candidates of Health Sciences (Medicine, Dentistry and Pharmacy): 90% Age Criteria For undergraduate programs: being under the age of 21 For master’s programs: being under the age of 30 For PhD programs: being under the age of 35 For Research Scholarship: being under the age of 45 Benefits provides university and department placements unlike other higher education scholarship programs. covers tuition fees. allows you to learn the language of the country study with 1-year Turkish language course. Thus, resources are diversified in your academic research and daily life becomes more pleasurable. provides accommodation for students arriving in a new country. supports you on your journey to Turkey and when you return to your country at the end of your education period and covers your once-off flight ticket. allows you to take full advantage of widespread health services when necessary with health insurance. also provides monthly stipend. 1000 TL at undergraduate level, 1,400 TL at Master’s level and 1,800 TL at PhD level per month. Important Dates Activities Dates Application Period January 10 – February 20 Evaluation Process March–April-May Interview Period June – July Announcement of Results Early August Initial Procedures August Transfers of Grantees to Türkiye September How to Apply? Interested applicants can apply for the scholarship through this link. Contact For queries and inquiries please contact us through our communication channels listed below. Türkiye Scholarships Call Centre: 0 850 455 0 982 E-mail address: [email protected]

Gaurav

Jan 20, 2022

Government of Czech Republic Scholarships 2022-23

Applications are invited from eligible candidates for the Government of Czech Republic Scholarships 2022-23. About Government of Czech Republic Scholarships The Embassy of the Czech Republic in New Delhi is announcing scholarships for the academic year 2022/2023 to graduate or postgraduate students from India for a study stay at public universities in the Czech Republic under the bilateral agreement between the two countries. Eligibility Three scholarships in total are offered for the next year and are designed for: University students, or, College students, or, Graduates, or, Ph.D. candidates (exceptionally for academic staff members) Benefits The scholarship includes: up to 10 months of research/study stay at one of the Czech public institutions of higher education in the Czech Republic free of charge, 9,000 CZK (approx. 400 USD) per month for graduate students, 9,500 CZK (approx. 420 USD) per month for postgraduate students, accommodation at the student dormitory for discounted price, breakfast, lunch and dinner provided at the student dormitory for discounted price, no visa application fee The scholarship doesn’t include air ticket to the Czech Republic. How to Apply? Students must submit the application form and supporting documents in duplicate (2 copies) to the Embassy of the Czech Republic no later than 15 February 2022. Supporting documents include: letter of invitation from the respective department academic curriculum vitae list of publications (if published any) detailed plan of study/research two letters of recommendation from academic supervisors or employer photocopy of diploma (if applicable) certified transcript(s) of records copy of passport only fine arts and performing arts students/graduates: a sample of artistic work (photographs, video/audio recording of a musical performance etc.) Students must submit their applications and supporting documents directly (by hand/by post) to the Embassy of the Czech Republic no later than 15 February 2022 at the following address: Embassy of the Czech Republic 50-M, Niti Marg, Chanakyapuri New Delhi – 110021 Note: Applicants must take care to send all documents as incomplete dossiers and or inadequately completed application forms will not be processed. Application Deadline Feb 15, 2022 Contact For any clarifications please email to [email protected] For more information, click here.

Gaurav

Jan 20, 2022

Charpak Master’s Scholarship 2022

Applications are invited from eligible candidates for the fully funded Charpak Master’s Scholarship 2022 in France. About Charpak Master’s Scholarship This scholarship is designed for one to two years, (September – June, 10 months per academic year) of studies in France at the Master’s degree level for all streams and fields of study. Eligibility The applicant must: be an Indian national and reside in India be 30 years old maximum at the time of application be a student currently enrolled/have studied at an Indian Institution of higher learning or a young professional employed in a company for a maximum of 3 years at the time of application the course must take place in France. If you have one semester or more of studies in another country, the scholarship will not be provided during that period. an exception will be made for Charpak scholarship holders who are currently completing their M1 in France. They may re-apply for a second year of funding in order to complete their M2. There is no automatic renewal of the scholarship at the M2 level. Acceptance will be subject to academic performance at the M1 level and a new statement of purpose. non-scholarship holders currently pursuing M1 in France are not eligible for the scholarship. Selection Procedure Your application will be selected on the basis of your academic excellence, as well as the consistency and quality of your statement of purpose. There is no CGPA/percentage cut-off for the scholarship. Knowledge of French will be an asset but is not mandatory. A tie-up between your current Indian institution and your future French institution will also be an asset. Benefits Monthly living allowance of 700 euros Tuition fee waiver upto 5000 euros Assistance to find affordable student accommodation (priority access to CROUS residencies, subject to availability) Student visa and Etudes en France fee waiver Application Procedure The students must submit their application on the online scholarship portal along with the scans of the following documents: Passport size photograph (please make sure that the photograph uploaded is formal) Scanned copy of the first page of your passport (with photo and expiry date). If you will be getting your passport after the deadline, please attach proof of your passport application. Full Curriculum Vitae (maximum 2 pages). Scanned copy of your admission/acceptance letter from the French higher education institution. If you have not received it before the deadline, attach an email correspondence to show that you are in the process of getting the acceptance letter from them. Scanned copies of mark sheets and degree of Higher Secondary School (XII), Bachelor’s and Master’s degrees (including those of completed semesters of the ongoing degree) French language certificate, if any (DELF /DALF or from any recognized university) Document of employment / internship record, if applicable Letter (s) of recommendation from the current Indian university/employer or the institution last attended. The letter(s) of recommendation should be submitted as scanned copies of the original typed and signed paper letters. They have to include the signature and the contact details of the referee, and (if possible) should be on headed paper of the institution and bear a stamp of the institution. Note: All the above documents must be in pdf or jpeg format (word, rtf, odt, txt, msg documents, zip folders, screenshots or scans of social media are NOT acceptable). Applications submitted without required documents, or incorrect documents, will be rejected. Incomplete applications will not be taken into consideration. Important Dates Opening of the call for applications: Monday, 3 January 2022 Deadline for the reception of applications : Monday, 28 March 2022 Publication of results: Friday, 29 April 2022 Contact If you have questions regarding the Charpak scholarship program, please contact us by e-mail: [email protected] Please note that no reason will be given for rejection of an application. The French Embassy is not obliged to respond to candidates whose applications are incomplete or not considered for the scholarship award. Awardees of the scholarship are contacted via email; the results can also be seen at: http://www.inde.campusfrance.org/en/page/charpak For detailed information, click here.

Gaurav

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