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May 18, 2023

Legal Fellowship Program at Wikimedia Foundation

About Wikimedia The Wikimedia Foundation is a nonprofit organization that operates Wikipedia and other Wikimedia free knowledge projects. They build software experiences for reading, contributing, and sharing Wikimedia content, support the volunteer communities and partners who make Wikimedia possible, and advocate for policies that enable Wikimedia and free knowledge to thrive. About the Opportunity If you’re a current law student or recent law school graduate passionate about free knowledge and open source issues, applying to the legal fellowship program at Wikimedia can provide an immersive in-house experience with specific education and training in the areas of Internet law and free knowledge organizations. Roles and Responsibilities The fellows will be assigned challenging projects based on their particular interests and strengths. These projects range from researching various legal questions to drafting licensing agreements to developing internal and external policies. Each fellow will receive individualized projects that they will be expected to spearhead under the supervision and guidance of an attorney from the Legal Department. Fellows will work closely with their supervising attorney – attending and participating in internal and external meetings, collaborating on projects, receiving feedback and support, and generally learning about the practical dimensions of practising law in-house at a web-based company. When the opportunity exists, the Legal Department will work with a fellow’s university to facilitate earning academic credits and/or receiving funding for the fellow’s time at the Wikimedia Foundation. Eligibility Criteria High energy for and commitment to the Wikimedia Foundation’s free knowledge mission, including an interest in free culture issues, open source software, Creative Commons licensing, etc. A very good sense of humour and the ability to excel in a fast-paced, multitasking environment that demands fast turn-around. Intellectual curiosity and flexibility make them enjoy tackling difficult and ambiguous problems in creative ways. Students with strong research backgrounds are preferred. Experience working with large online user communities (or at least the desire to). Students with experience with wikis or Wikimedia projects are preferred. The ability to flourish in a highly transparent and collaborative environment and work on a team with diverse demographic and cultural characteristics. Multilingual students (especially German, French, and/or Italian) are a plus! Excellent writing skills that can be adapted to communicate complex legal concepts to a large audience with varying (or no) backgrounds in law. Students with experience and/or coursework in drafting agreements and/or policies are preferred. Completed coursework in some or all of the following areas of law: internet law, freedom of speech (domestic and international), intellectual property, contract drafting, international law, privacy, data security, and/or licensing. While coursework in these areas is not required, students who have experience in these areas are heavily preferred. How to Apply? If you are a qualified applicant requiring assistance or accommodation to complete any step of the application process due to a disability, you may contact [email protected] or +1 (415) 839-6885. Contact Information For any queries, you may contact [email protected] or +1 (415) 839-6885. Click here to view the notification.

Sumasri

May 15, 2023

20 Basic Traffic Laws and Rights Every Person in India Must Know

The Government of every country is responsible for the formulation of traffic rules that must be followed by the citizens of a country. In the Indian context, the Government of India is responsible for conceptualizing traffic laws and ensuring compliance by Indian citizens. In India, the Motor Vehicles Act, 1988, recently amended by way of the Motor Vehicles (Amendment) Act, 2019, governs the rules, regulations, penalties, and other stipulations regarding vehicles and traffic in India. Recently, on July 15, 2019, Mr Nitin Gadkari, the Minister of Road Transport and Highways, introduced the Motor Vehicles (Amendment) Act, 2019 in the Lok Sabha. This act was a revolutionary measure which aimed to promote road safety, and the act also aimed to alter the erstwhile Motor Vehicles Act of 1988. The Act establishes requirements for motor vehicles, the issuance of licenses and permits relating to motor vehicles, and sanctions for violations of these laws. The main features include a programme for providing care to victims of traffic accidents during the "golden hour”, without the immediate hassle of payment, the creation of a Motor Vehicle Accident Fund, mandatory insurance for all Indian road users, and also provided for the ability for the central government to order the recall of motor vehicles which had a defect that could endanger the environment. Furthermore, according to the amended legislation, the central government has to work with state governments in tandem in order to create a National Transportation Policy. The amendment also empowered the central government to issue a notification in order to establish the National Road Safety Board. The aforementioned Board shall be instrumental in providing advice to the union and state governments on all facets of traffic control and road safety. The amendment also enhanced the penalty for a number of Act-related offences. All in all, it can be ascertained that the act sought to give teeth to the central government in the gamut of traffic laws, in the Indian context. These laws lay down an all-comprehensive set-up for governing traffic-related offences and rules in India. The Indian Laws are applicable pan-India and are enforced by way of various legislations regarding traffic laws which govern the Indian citizens. This article states 20 basic traffic laws that every Indian citizen must be aware of- Penalties for Drunk Driving- Under S.150 (2)(ii) of The Motor Vehicles Amendment Act, 2019, it is stated that the penalty for driving under the influence of alcohol has been increased from the erstwhile Rs. 2000/- to a whopping Rs. 10000/ which shall be levied according to the Indian Laws, in case person(s) are caught driving whilst under the influence of alcohol. Failure of Compliance with Vehicular Manufacturing Standards- In case a Vehicle Manufacturer contravenes the Indian Laws mandating certain specifications for the manufacturing of motor vehicles, under Section 215B(2)(a) of the Motor Vehicles Amendment Act, 2019, the persons responsible in the company can be punished with a sentence of imprisonment spanning up to a period of 1 year or a fine of Rs. 100 crore, or both. Failure of Compliance with Road Design Standards- Under S.198 A of The Motor Vehicles Amendment Act, 2019, if a contractor fails to comply with road design standards, the penalty will be a fine of up to 1 lakh Rupees. The Government of India may increase fines mentioned under the Motor Vehicles Amendment Act, 2019, every year by up to 10%. Recall of Vehicles- Section 110A(1) of The Motor Vehicles Amendment Act, 2019, allows the Government of India to immediately seek recall of motor vehicles in case of defects in the vehicle which might be a reason for causing damage to the environment, Indian citizens, road users, or infringe the rights of the driver. Liability of Manufacturer- In case a vehicle does not comply with the specifications laid down under Indian laws, then the manufacturer is liable for reimbursement of the buyers, with respect to the full cost of the vehicle, or ensuring replacement of the defective vehicle, with another piece with either equal or better specifications. Exemption of Liability for Good Samaritans- In the context of governing Indian Citizens, Under Section 134A of the Motor Vehicles Amendment Act, 2019, it is the right of such a good Samaritan not to be made liable either in a civil or criminal action under Indian laws, due to death or injury of such victim, even if they were negligent in handling the victim. A ‘Good Samaritan’, is a person who aids another by way of extending medical or non-medical assistance, to the victim of an accident or mishap, in good faith and voluntarily, without the expectation of any monetary benefit or reward. Compulsory Insurance- Section 164B(2) of The Motor Vehicles Amendment Act, 2019 provides for compulsory insurance coverage to all Indian citizens and road users in India. This coverage shall cover the treatment & compensation to a person affected by a road accident and coverage also extends to compensation for representatives of such a person affected and any other person prescribed under the Indian Laws. Applicability of Insurance- The compulsory insurance coverage to all Indian citizens shall be applicable in various cases such as when a person is a victim of a road accident and requires treatment, disbursal of funds to representatives, and others. These stipulations have been stated under Section 164B(3) of The Motor Vehicles Amendment Act, 2019, which states that insurance is necessary to protect the interests of Indian citizens and other stakeholders. Funding of Insurance Coverage- Under Section 164B of the Motor Vehicles Amendment Act, 2019, the Fund will be credited through (i) payment of a nature notified by the Government of India, (ii) a grant or loan made by the Government of India, (iii) balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents), or (iv) any other source as prescribed the Government of India. Assistance for Accidents during Golden Hour- The Government of India states that immediate assistance must be provided to Indian citizens and Road Accident Victims by way of extending cashless treatments for accidents that occur during the golden hour, which is defined under Section 12A of the Motor Vehicles Amendment Act, 2019 as a time period of up to 1 hour following a traumatic injury when the chances of prevention of death by way of appropriate medical intervention is the highest. Compensation for Hit-and-Run Accidents- Further, the Government of India states under Section 145(d) of the Motor Vehicles Amendment Act, 2019 that the interim relief to be provided to the victim of a road accident must be increased, thus increasing it to Rs. 2 Lakhs from the previous amount of Rs. 25,000/- in case of death, and in case of resultant grievous injury, Rs. 50,000/- from the present Rs. 12,500/-. Mandatory Registration of Vehicles- With respect to Indian citizens, it is stated under Section 17 of the Motor Vehicles Amendment Act, 2019 that registration of a vehicle is mandatory and has to be done necessarily by the purchaser, at the time of purchase of a vehicle. The act prohibits anyone from driving an unregistered motor vehicle on Indian roads. Indian citizens and others may be punished with a fine, and imprisonment for subsequent/second default. Mandatory Requirement of Driving License- In the context of governing Indian Citizens, Section 7 of The Motor Vehicles Amendment Act, 2019 restricts driving or plying of a vehicle in a public place until the Indian citizen or other person has been issued a driving license, following which the person has all rights to drive the vehicle. Eligibility for Receiving a Driving License- Any Indian Citizen or other who is above the age of 18 years is eligible in order to receive a driving license under Indian Law. However, no person below the age of 20 years can ply transportation vehicles. A person may also be issued a temporary license, or a learners’ license. Grounds for Suspending Driving License- Section 11 of Motor Vehicle Amendment Act, 2019, states that if a person has caused the death or serious injury of one or more people, their right to a driving license may be suspended. Conditions for license revocation by the licensing authority may include drunk driving, drug addiction, fraud or misrepresentation displayed whilst receiving a driving license, danger to the public based on previous conduct, etc. Protections to Pedestrians- The Motor Vehicle Driving Regulations Act, 2017 lays down under Section 3 that no vehicle may be operated, stopped, or parked on a road or in a public space in a way that would risk their own safety or the safety of other road users. It is imperative to protect the lives of pedestrians. Duties of Drivers and Riders- Under Section 5 of The Motor Vehicle Driving Regulations Act, 2017, has been laid down regarding various duties of drivers such as ensuring care and caution, being in full control of their physical as well as mental senses, further, the driver must always keep a sharp eye out for oncoming traffic and the road, and avoid engaging in any activity that can divert his attention. Liability of Driver to Ensure Safety- The Motor Vehicle Driving Regulations Act, 2017, under Section 5, further lays down that the driver and passengers must exercise extra caution and safety measures to protect the most vulnerable road users, such as pedestrians, cyclists, kids, the elderly, and those with disabilities. The driver is responsible for making sure that his vehicle doesn't impede or inconvenience other road users or residents of any property, whether it's moving or stopped. The driver must make sure that no obstructions to his or her vision or hearing are caused by other road users, animals, the load, or equipment in the car. Actions in case of Accident- The Motor Vehicle Driving Regulations Act, 2017, under Section 29 lays down that driver shall maintain absolute cool in case of an accident and do nothing that may harm the other driver or vehicle involved in the accident or any other person. It further lays down actions that need to be taken in case of a minor accident, and actions to be taken in case of a major accident. Rear Seat Belt Mandatory- The Ministry of Road Transport and Highways, Government of India, has released proposed regulations requiring auto manufacturers to incorporate back seatbelt alarm systems. The deadline for receiving public comments on the proposed rules falls in October 2022. In case the draft materializes, it would be mandatory for back-seat passengers to wear a seatbelt to avoid and minimize the risk of accidents

Sumasri

May 05, 2023

Case Law - Maneka Gandhi v. Union of India

Judgement - Maneka Gandhi v. Union of India Citation - AIR 1978 SC 597 Introduction 'Personal Liberty' means freedom from physical restraint and coercion which is not authorised by law. Prior to this case decision, Article 21[1] guaranteed the Right to Life and Personal Liberty only against the arbitrary action of the executive and not the legislative action. This case just turned up pages and extended the protection against legislative actions. This case is regarded as one of the best judgements delivered by the apex court as it was instrumental in restoring people's faith in the judiciary and constitutional values. It was in this case that the "Golden triangle" rule was firmly established by the SC and the court firmly cemented its seat as the watchdog of democracy. This decision, which was delivered by a 7-judge bench of the Hon'ble Supreme Court on 25th January 1978, marked the development of a new era with respect to the interpretation of fundamental rights guaranteed in the Constitution. Facts of the case The petitioner Maneka Gandhi's passport was issued on 1st June 1976 as per the Passport Act of 1967[2]. On 2nd July 1977, the Regional Passport Office (New Delhi) ordered her to surrender her passport. The petitioner was also not given any reason for this arbitrary and unilateral decision of the External Affairs Ministry, citing public interest. The petitioner approached the Supreme Court by invoking its writ jurisdiction and contending that the State's act of impounding her passport was a direct assault on her Right to Personal Liberty as guaranteed by Article 21. It is pertinent to mention that the Supreme Court in Satwant Singh Sawhney v. Ramarathnam[3] held that the right to travel abroad is well within the ambit of Article 21, although the extent to which the Passport Act diluted this particular right was unclear. The authorities, however, answered that the reasons are not to be specified in the "interest of the general public". In response, the petitioner filed a writ petition under Art 32 for violation of fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution alleging that Section 10(3)(c) of the Act was ultra vires the constitution. Issues of the case Are the provisions under Articles 21, 14, and 19 connected with each other or are they mutually exclusive? Should the procedure established by law be tested for reasonability which in this case was the procedure laid down by the Passport Act of 1967? Is the right to travel outside the country a part of Article 21 or not? Is a legislative law that snatches away the right to life reasonable? Contentions of the Parties The petitioners stated that the State has infringed upon the Petitioner's fundamental rights of freedom of speech & expression, right to life & personal liberty, right to travel abroad, and the right to freedom of movement. India might not have adopted the American concept of the "due process of law", nevertheless, the procedure established by law should be fair and just, reasonable, and not arbitrary. Section 10(3)(c) of the Passport Act violates Article 21 insofar as it violates the right to life & personal liberty guaranteed by this Article. Audi Altrem Partem i.e. the opportunity of being heard is invariably acknowledged as a vital component of the principles of natural justice. Even if these principles of natural justice are not expressly mentioned in any of the provisions of the Constitution, the idea behind the spirit of Fundamental Rights embodies the very crux of these principles. On the other hand, the respondents stated that the passport was confiscated since the petitioner had to appear before a government committee for a hearing. The respondent asserted that the word 'law' under Article 21 couldn't be understood as reflected in the fundamental rules of natural justice, emphasising the principle laid down in the A K Gopalan case.[4] Article 21 contains the phrase "procedure established by law" & such procedure does not have to pass the test of reasonability and need not necessarily be in consonance with Articles 14 & 19. The marked absence of the due process of law from the provisions of the Indian Constitution clearly indicates the constitution-makers intentions. Judgement The court said that section 10(3)(c) of the Passport Act, 1967 is void because it violates Article 14 of the Indian constitution because it confers vague and undefined power to the passport authority. it is violative of Article 14 of the Constitution since it doesn't provide for an opportunity for the aggrieved party to be heard. It was also held violative of Article 21 since it does not affirm the word "procedure" as mentioned in the clause, and the present procedure performed was the worst possible one. The Court, however, refrained from passing any formal answer on the matter and ruled that the passport would remain with the authorities till they deemed fit. This judgement widened Article 21's scope immensely and it realized the goal of making India a welfare state, as assured in the Preamble. The unanimous judgement was given by a 7-judge bench. Before the enactment of the Passport Act 1967, there was no law regulating the passport whenever any person wanted to leave his native place and settle abroad. Also, the executives were entirely discretionary while issuing the passports in an unguided and unchallenged manner. Further, clause (c) of section 10(3) of the Passports Act, 1967 provides that when the state finds it necessary to seize the passport or do any such action in the interests of sovereignty and integrity of the nation, its security, its friendly relations with foreign countries, or for the interests of the general public, the authority is required to record in writing the reason of such act and on-demand furnish a copy of that record to the holder of the passport. The fundamental rights conferred in Part III of the Constitution are not distinctive nor mutually exclusive." Any law depriving a person of his personal liberty has to stand the test of one or more of the fundamental rights conferred under Article 19. When referring to Article 14, ex-hypothesi must be tested. The concept of reasonableness must be projected in the procedure. The phrase used in Article 21 is "procedure established by law" instead of due process of law which is said to have procedures that are free from arbitrariness and irrationality. There is a clear infringement of the basic ingredient of principles of natural justice i.e., audi alteram partem and hence, it cannot be condemned as unfair and unjust even when a statute is silent on it. Analysis After this case, the Supreme Court became the watchdog to protect the essence of the Constitution and safeguard the intention of the constitutional assembly that made it. The judges mandated that any law which deprives a person of his personal liberty should stand the test of Articles 21,14 as well as 19 of the Constitution. Also, principles of natural justice are sheltered under Article 21 and therefore no person is deprived of his voice to be heard inside the court. Further to declare any state action or legislation invalid, the "golden triangle". This arbitrary act of impounding the passport eventually led to the pronouncement of a unanimous decision by a seven-judge bench of the apex court comprising M.H. Beg (CJI), Y.V. Chandrachud, V.R. Krishna Iyer, P.N. Bhagwati, N.L. Untwalia, S. Murtaza Fazal Ali and P.S Kailasam This decision rendered void the plain and simple meaning of procedure established by law and introduced for the first time the concept of due process of law into the Indian constitution. The court also accepted that the Right to Travel Abroad is a very important component of the Right to Liberty, if this right is not granted, liberty is distorted. By this judgement, the court increased the scope of Article 21 of the Constitution and made it the duty to interpret Article 21 in a manner that serves the people's interest most. [1] https://indiankanoon.org/doc/1199182/ [2] https://passportindia.gov.in/AppOnlineProject/pdf/PassportActEng.pdf [3] 1967 AIR 1836, 1967 SCR (2) 525 [4]1950 AIR 27, 1950 SCR 88

Sumasri

May 04, 2023

2nd Consultation Fellowship 2023-24 by Civis at Mumbai (0-2 Years PQE)

About Civic Civis, a non-profit organization, with support from Manupatra, is launching a fellowship opportunity in Mumbai for fresh law graduates who wish to pursue a career in public policy in India. Civis has developed a platform that enables citizen engagement, in our democracies, by creating a channel for constructive dialogue between citizens and the Government on draft laws and policies. Through Civic, individuals in India can understand an upcoming law or policy and share their feedback on this law, this feedback goes straight to lawmakers. This crucial step of consultation allows for participatory design of policies, increased trust and dialogue. Civic Innovation Foundation believes that laws that are drafted for the people, should be drafted by the people. Civic works across two verticals: On national level policies, through their website. At the grassroots with urban local bodies, and non-profit partners. On their online platform, Civis : Aggregates all open laws seeking feedback. Simplifies these laws in easy-to-understand language. Translates them into local languages. Reaches out to individuals and gather inputs on these laws. Analyses and shares citizen’s feedback with the Government – building Government capacity to run effective Consultations, and gather actionable insights. About the Consultation Fellowship Consultation Fellowship allows one recent law graduate the opportunity to work with different verticals at Civis and gain an in=depth understanding of public policy in India, while being a part of a developing eco-system that promotes citizen engagement in law-making. The Consultation Fellowship of 2023-2024 is supported by Manupatra, a leading legal-tech company that specializes in designing and developing technology products to simplify operations for legal professionals. Roles & Responsibilities Responsibilities of the Consultatio Fellow are as follows: Facilitating and managing public consultations on draft laws and policies on the platform, for specific campaigns and other methods to ensure maximum feedback points from citizens are gathered. Ideating and promoting new methods of encouraging citizen participation in the lawmaking process, both online via the platform, social media and other tech tools and offline through physical feedback gathering. Leading and managing teams of volunteers and interns to facilitate the public consultation process for Civis, by simplifying policies and ensuring they are accessible and understood by citizens. Working with the Governance vertical to build partnerships with public officials and institutions and promote the public consultation process. Working with the Outreach and Communications team to ensure a wider reach of public consultations and spread awareness on a wide range of civic issues including co-creating laws with governments. Working with the product team to assist in the functioning of the platform and find innovative solutions for feedback gathering. Eligibility A law degree is essential 0-2 years of experience, preferably in policy analysis Experience with editing law reviews/journals/magazines preferred Required Skills Ability to understand and learn a content management system for our website Demonstrated interest in furthering civic engagement and participation among communities A strong interest in mobilizing students for college clubs/societies is preferred Duration of Fellowship One year full-time in-person fellowship, beginning June 2023. Stipend INR 40,000/- per month Deadline Applications are open till May 6, 2023 Location Mumbai, India How to Apply? To apply for this fellowship, please fill out the application form linked at the end of this post. Contact Information In case of any queries, write to info[at]civis.vote or call +91 89769 26914 Click here to apply.

Sumasri

Apr 24, 2023

Case Law - Kesavananda Bharati Sripadagalvaru & Ors v. State of Kerala and Anr

Judgement - Kesavananda Bharati Sripadagalvaru & Ors v. State of Kerala and Anr Citation - (1973) 4 SCC 225; AIR 1973 SC 1461 Introduction It was during 1950-51, the government of India introduced Articles 31A and 31B through the First Constitutional Amendment, 1950. These two provisions allowed the government to acquire private property for public purposes and art. 31B introduced the 9th schedule- which gives judicial immunity to any laws if brought under its ambit. Laws in that schedule shall not be judicially reviewed. This amendment affected the right to property under the then 19(1) (f) of the Indian Constitution. Many important cases such as Shankari Prasad (1951)[1], Sajjan Singh (1965)[2], and Golaknath case (1967)[3] came up. The important question was identical in all cases, and they had produced contrary judgements till the Golaknath case. These contradictions were resolved through the Kesavananda Bharati case[4], and the basic structure doctrine was introduced in India. It is rightly said that the judgement in the instant case brought an end to the conflict between the executive and the judiciary and proved to be a saviour of the democratic system and set up in the country. The majority judgement in the case was pronounced by Chief Justice S.M.Sikri, Justice Hegde, Justice Mukherjee, Justice Shehlat, Justice Grover, Justice Jaganmohan Reddy, Justice Khanna, and was dissented by Justice Ray, Justice Palekar, Justice Mathew, Justice Beg, Justice Dwivedi and Justice Chandrachud. Facts of the case Kesavananda Bharati was the head of the Edneer Mutt, a monastic religious institution located in the Kasaragod district, of Kerala. Bharati had some land in the Mutt which he owned. The Kerala state government passed the Land Reforms Amendment Act in 1969. As per this Act, the government could acquire some of the lands that belonged to the Mutt. In March 1970, Bharati moved the Supreme Court (under Section 32 of the Constitution[5]) to enforce the rights that were guaranteed to him under: Article 25: Right to Practice & Propagate Religion Article 26: Right to Manage Religious Affairs Article 14: Right to Equality Article 19(1)(f): Freedom to Acquire Property Article 31: Compulsory Acquisition of Property The Kerala state government enacted another law, the Kerala Land Reforms (Amendment) Act, 1971 even as the petition was under the court’s consideration. The contentions made by the petitioners brought to the fore the validity of various amendments that were brought in by the Parliament to nullify the effects of Golaknath v State of Punjab. The petitioners challenged, in particular, three constitutional amendments – the 24th Amendment, the 25th Amendment, and the 29th Amendment and their validity. Issues of the case Whether the 24th Constitutional (Amendment) Act, of 1971 and the 25th Constitutional (Amendment) Act, of 1972 are constitutionally valid? The extent to which the Parliament can exercise its power to amend the Constitution. Whether the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, or abrogate any part of the Constitution even to the extent of taking away all fundamental rights? Contentions by both parties Mr Palkhivala, Learned counsel for the petitioner side relied on the decision held in the Golaknath case of 1967. He also contended that any damage to fundamental rights should not be impermissible. He noted that parliament should not damage the fundamental rights of the citizens through the amending power it carries under Article 368[6] of the Indian Constitution. He regarded these fundamental rights as one of the basic ingredients or principles of the Indian Constitution. Lastly, he argued that the amending power is limited under Article 368 as per the preamble and the scheme of the constitution. The Parliament cannot amend the Constitution to change its basic structure as was set forth by Justice Mudholkar in the Sajjan Singh v State of Rajasthan case. They argued that the 24th & 25th Constitutional Amendments were violative of the Fundamental Rights provided in Article 19(1)(f). On the other hand, Mr Seervai appearing for the respondent state and Union of India, argued that taking away the rights shall be permissible after the 24th amendment to the Indian Constitution. It was also argued that amending powers of the parliament has no limitations and shall be limited on the ground of repugnancy, inalienable rights, and preamble. The respondents stressed that to fulfil its socio-economic obligations the unlimited power of the Parliament to amend the Constitution must be upheld. Judgement Two main elements are to be understood from the historic verdict of the case. One is concerning the limitations on the amending powers of the parliament. Secondly, concerning the introduction of the Doctrine of the Basic Structure of the Indian Constitution. Firstly, the Supreme Court bench upheld the 24th Constitutional Amendment and noted that Parliament should have the power to amend any part of the Constitution, which will also include fundamental rights under Part 3 of the Constitution. This is something that was implied in the Indian Constitution itself. It also upheld the decisions held in the cases of Shankari Prasad and Sajjan Singh on whether the amendment is a law and stated that Constituent power is completely different from that of ordinary legislative powers. Second and most importantly, it held that the power of the Parliament under Article 368 to amend the Constitution is limited in scope. It noted that there are no implied limitations on the powers of the amendment, and the rights which are enforceable under the Constitution shall remain as a basic part of the Constitution. The court observed and held that basic structure elements are envisaged in the preamble and also in various provisions. It noted that the Indian Constitution is built on various properties, and if we remove them, such a constitution shall collapse. A few such include sovereign, democratic, republic, justice social, economic, political, equality, liberty of thought, etc. Thus, if we withdraw these elements, the identity of the Constitution shall not survive and shall result in vagueness and improperness in the system. Thus, this is the basic structure of the Indian constitution. Analysis The case of Kesavananda Bharati vs the State of Kerala as mentioned supra had been heard for 68 days, the arguments commencing on October 31, 1972, and ending on March 23, 1973. The majority of the bench (7:6) wished to safeguard the Constitution by preserving its basic features. The judgment was based on sound reasoning and it was given after a careful analysis of multifarious aspects. The bench opined that if the Parliament were to get unfettered power to amend, there were chances of that power being misused, and that governments would change it as per their preferences and whims. Such limitless powers vested in the hands of the government would mean that the basic features and also the very essence and spirit of the Indian Constitution could be changed. There was a need for a doctrine that could protect the rights of both the Indian Parliament and Indian citizens; the bench met this need halfway and came up with the basic structure doctrine, that protects the rights of both camps. It is to be noted that while in the US, only 27 amendments have been made, India has seen over one hundred amendments since independence. Despite this big number, the spirit of the Constitution and also the ideas of the Constitution-makers have not been tampered with. It is because of the bench’s decision that the identity and spirit of the Constitution have not been lost. This landmark case has given our Constitution stability. Even though the petitioner lost this case partially, the SC ruling in the Kesavananda Bharati case turned out to be a saviour for Indian democracy and also prevented the Constitution from losing its spirit. [1]https://articles.manupatra.com/article-details/A-Case-Analysis-Shankari-Prasad-v-Union-of-India-Supreme-Court [2] https://indiankanoon.org/doc/1308308/ [3] https://indiankanoon.org/doc/120358/ [4] https://indiankanoon.org/doc/257876/ [5] https://indiankanoon.org/doc/981147/ [6] https://indiankanoon.org/doc/594125/

Sumasri

Apr 14, 2023

A Career In The Field Of Environmental Law

Introduction In today's world, environmental concerns have become more pressing than ever before. Climate change, deforestation, and biodiversity loss are some of the significant challenges that the planet is facing. To address these challenges, the need for specialized legal intervention has become increasingly crucial. This is where environmental law comes into the picture. Environmental law is a field of law that deals with environmental issues and concerns, ranging from air and water pollution to waste management and climate change. In this article, we will discuss how to specialize in environmental law, the scope and avenues of this field, and the need for environmental lawyers today. We will also break the myth that environmental lawyers cannot make money out of their careers and provide insights into the career journey of environmental specialists. What is Environmental Law? Environmental law in India is a body of laws, policies, and regulations that aim to protect and conserve the country's environment and natural resources. India has a rich and diverse natural heritage, and its environmental challenges are unique and varied. Environmental laws in India have evolved over the years and have been strengthened by landmark judgments of the Supreme Court. The Constitution of India has provisions for environmental protection under Article 48A and Article 51A(g). Article 48A states that the state shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. Article 51A(g) makes it a fundamental duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife. India has enacted several environmental laws, such as the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Wildlife Protection Act, 1972, and the Forest (Conservation) Act, 1980. These laws are enforced by various regulatory bodies such as the Central Pollution Control Board (CPCB), the State Pollution Control Boards (SPCBs), and the National Green Tribunal (NGT). According to a report[1] by the CPCB, the quality of air and water in India has deteriorated significantly in recent years. The report states that 55% of India's rivers are polluted and 70% of its water supply is contaminated. Additionally, a study by the World Health Organization (WHO) found that 14 of the world's 15 most polluted cities are in India. Environmental law plays a crucial role in protecting the environment and ensuring sustainable development, and it is essential to address the environmental challenges faced by the country today. Scope and Avenue of Environmental Law in India The scope of environmental law in India is vast and covers various aspects of environmental protection and conservation. Environmental law regulates the human impact on the environment, which includes pollution control, conservation of biodiversity and natural resources, and sustainable development. The scope of environmental law includes various sectors such as energy, transportation, agriculture, industry, and construction. Environmental law in India provides a legal framework for the management and protection of the environment. It covers issues such as air and water pollution, hazardous waste management, climate change, biodiversity, and forest conservation. The legal framework for environmental protection in India includes various laws and regulations at the central and state levels. The avenues for environmental law in India are diverse and offer a range of career opportunities for law students and professionals. One can work in law firms specializing in environmental law, in-house legal departments of companies, environmental organizations, and government agencies. The National Green Tribunal (NGT) is a specialized court that deals with environmental disputes and offers an avenue for practising environmental law. Environmental law practice requires specialized knowledge and skills, including knowledge of environmental science and policy-making. Lawyers working in this field must be well-versed in the various environmental laws and regulations and can work with scientific data and expert witnesses. The scope and avenues of environmental law in India are extensive and offer opportunities for legal professionals to work toward environmental protection and conservation. The legal framework for environmental protection in India is robust, and there is a growing need for specialized environmental lawyers to address the environmental challenges faced by the country. Financial Scope While environmental law may not be the most lucrative field of law, it still offers a range of career opportunities with decent earning potential. Environmental lawyers can work in various sectors such as law firms, corporations, non-profit organizations, and government agencies. Many law firms have environmental law departments that specialize in environmental compliance, litigation, and consulting. These firms often represent corporations and government agencies in environmental disputes and transactions, and their clients are willing to pay for their legal services. Environmental lawyers can also work in-house for corporations, advising them on environmental compliance and sustainability practices. This type of work offers a steady salary and benefits, and some corporations offer significant financial incentives for environmental performance. Non-profit organizations and government agencies also offer employment opportunities for environmental lawyers. These organizations work toward environmental protection and conservation, and their legal departments play a crucial role in their advocacy and litigation efforts. The earning potential for environmental lawyers may not be as high as some other fields of law such as corporate law or intellectual property law, but it is still a rewarding career option. The salary of an environmental lawyer may vary depending on their experience, location, and employer. According to a survey by PayScale[2], the average salary of an environmental lawyer is around $61,605/ year internationally. Environmental lawyers can make money out of their careers, and it is a viable career option for those interested in environmental protection and conservation. While it may not be the most lucrative field of law, it offers a range of career opportunities with decent earning potential. Salary of Environment Lawyers in India The salary of environmental lawyers in India varies depending on various factors such as the level of experience, the type of employer, and the location of the job. Generally, environmental lawyers working with large law firms in metropolitan cities like Delhi, Mumbai, and Bangalore tend to earn higher salaries compared to those working with smaller firms or NGOs. According to payscale.com, the average salary of an environmental lawyer in India is INR 589,581/year[3]. However, this figure can be higher for experienced lawyers and those working with top law firms. As with any profession, the salary of an environmental lawyer in India will depend on their expertise, experience, and ability to market themselves effectively. It's important to note that many environmental lawyers in India also choose to work with NGOs or public interest organizations, where the salaries may be lower compared to private firms, but the work is highly fulfilling and rewarding. How should a law student begin their career in environmental law? For law students interested in pursuing a career in environmental law, there are several avenues they can consider. Some of the ways to begin a career in environmental law are as follows: Internships: Law students can gain valuable experience by interning with law firms, NGOs, government agencies, or environmental organizations. This will provide them with exposure to the practical aspects of environmental law and help them build a network of contacts in the field. Work with NGOs: Working with NGOs can offer law students an opportunity to work toward environmental protection and conservation. NGOs often have legal departments that deal with environmental issues, and law students can work with them to gain experience. Work with Law firms: Many law firms have environmental law departments that deal with environmental compliance, litigation, and consulting. Law students can apply for internships or entry-level positions with these firms to gain exposure to the field. Some of the law firms in India that have environmental law departments are J. Sagar Associates, Shardul Amarchand Mangaldas, Trilegal, and Khaitan & Co. These firms have represented clients in various environmental disputes and transactions and offer career opportunities for environmental lawyers. Work with Companies: Companies often have in-house legal departments that deal with environmental compliance and sustainability practices. Law students can apply for internships or entry-level positions with these companies to gain exposure to the field. Working with Environmental specialists: Environmental specialists are professionals who specialize in environmental issues and hold legal backgrounds. They play a crucial role in advising governments, NGOs, and corporations on environmental matters. Some of the prominent environmental specialists with legal backgrounds include Sunita Narain, M.C. Mehta, and Ritwick Dutta. They have made significant contributions to the field of environmental law and policy. Environmental specialists having legal backgrounds often work in interdisciplinary roles that require expertise in both environmental science and law. These specialists can work in various sectors such as consulting, policy-making, and research. For instance, some environmental specialists work as environmental consultants for companies or as policy analysts for government agencies. Others may work as researchers or professors in universities or research institutions. How to specialise in Environmental Law? To specialize in Environmental Law, a law graduate should consider the following steps: Pursue relevant coursework: Law graduates can pursue coursework that focuses on environmental law, policy, and regulation. Relevant coursework can provide a foundational understanding of the legal and policy frameworks that govern environmental protection and conservation. Gain practical experience: Law graduates can gain practical experience by participating in moot court competitions, research projects, or internships with environmental organizations, law firms, government agencies, or NGOs. This can provide them with exposure to the practical aspects of environmental law and help them build a network of contacts in the field. Obtain relevant certifications: Environmental law certifications can enhance a law graduate's credentials and demonstrate their commitment to environmental law. Some of the certifications that a law graduate can pursue are the Certified Environmental Law Professional (CELP) certification, the Certified Environmental Professional (CEP) certification, and the LEED Green Associate certification. Attend relevant conferences and workshops: Attending conferences and workshops can provide law graduates with an opportunity to network with professionals in the field, stay updated on the latest developments in environmental law and policy, and gain practical knowledge and skills. Pursue advanced degrees: Law graduates can consider pursuing advanced degrees in environmental law, policy, or science. An advanced degree can provide a deeper understanding of environmental law and policy, enhance career prospects, and qualify them for higher-level positions. International Scope of Environmental Law Environmental law has a significant international scope as environmental problems transcend national boundaries, and the actions of one nation can affect the environment of other nations. International environmental law is a body of law that governs the conduct of nations and international organizations with respect to the environment. Several international agreements and treaties address environmental issues such as climate change, biodiversity conservation, and marine pollution. Examples of such treaties include the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the United Nations Convention on the Law of the Sea (UNCLOS). International environmental law also includes the principles of customary international law, such as the precautionary principle, the polluter pays principle, and the principle of sustainable development. These principles guide nations and international organizations on how to protect the environment and use natural resources sustainably. International environmental law also involves collaboration and cooperation between nations and international organizations. The development of international environmental law involves negotiations and consultations among countries, civil society, and international organizations to develop and implement effective solutions to global environmental problems. Need for environmental lawyers today The need for environmental lawyers today is more critical than ever before. Environmental issues such as climate change, air and water pollution, deforestation, and biodiversity loss are threatening the health and well-being of people and the planet. Environmental lawyers play a crucial role in protecting the environment and ensuring that laws and regulations are enforced to prevent further harm. Environmental lawyers work with various stakeholders such as government agencies, corporations, NGOs, and communities to develop and implement policies and practices that promote sustainable development and protect the environment. They provide legal advice and representation to individuals and organizations that are affected by environmental issues, and they work to hold polluters accountable for their actions. In addition to their legal expertise, environmental lawyers also play a critical role in educating the public and raising awareness about environmental issues. They help people understand the legal implications of environmental problems and advocate for policies and practices that protect the environment. In conclusion, environmental law is an essential field of law that deals with environmental issues and concerns. It offers a wide range of job opportunities and high-paying salaries. Law students interested in specializing in environmental law can gain practical experience by working with NGOs, law firms, and companies. They can also attend relevant courses, internships, and certifications. The need for environmental lawyers is more pressing today than ever before, and they play a crucial role in preserving the environment and promoting sustainable development. [1]CENTRAL POLLUTION CONTROL BOARD, ANNUAL REPORT 2020-21, https://cpcb.nic.in/openpdffile.php?id=UmVwb3J0RmlsZXMvMTQwM18xNjU1MzU0NzkxX21lZGlhcGhvdG8xNjQ3MS5wZGY= [2] Average Environmental Law Salary, payscale, https://www.payscale.com/research/US/Job=Environmental_Law/Salary [3] https://www.payscale.com/research/IN/Job=Environmental_Consultant/Salary

Sumasri

Apr 10, 2023

Climate Champions Youth Fellowship by High-Level Climate Champions

About the High-Level Climate Champions At the COP 21 United Nations climate change conference in Paris, governments agreed that mobilizing stronger and more ambitious climate action is urgently required to achieve the goals of the Paris Agreement. To connect the work of governments with the many voluntary and collaborative actions taken by cities, regions, businesses, and investors, nations decided to appoint two Climate Change High-Level Champions. About the Fellowship The climate champions team is now looking for its third cohort of ambitious and stubbornly optimistic Youth Fellows and the program creates a pathway for young professionals to work within the team supporting the UN climate change high-level champions for COP27 and COP28 – Dr. Mahmoud Mohieldin and H.E Razan Al Mubarak – to drive real-world momentum into the UN Climate Change negotiations. Roles and Responsibilities Mobilise climate action amongst non-State actors to achieve the goals of the Paris Agreement, in close collaboration with the UNFCCC, the Marrakech Partnership, and the COP Presidencies. Eligibility Criteria 30 or under 30 years of age in 2023. Minimum five years of full-time work or volunteering experience, either in one of the fellowship sectors, climate leadership, or organizing. Ability to commit a minimum of 16 hours a week to the fellowship. Strong communication skills. Self-motivated and willing to be flexible (you will be working with teams across different time zones). Adequate network relevant to sector-specific or climate-related work. Sufficient English language skills. How to Apply? Interested applicants can apply through the link given at the end of the post. Application Deadline April 17, 2023. Contact Information For further queries contact [email protected]. Click here to apply. Click here for the official notification.

Sumasri

Apr 06, 2023

Toxic Workplace Culture In India

“But you will have to be available on WhatsApp 24x7!” In India, despite the growing grandeur of workplaces, the mindset of many managers remains stagnant. Unfortunately, outdated attitudes towards employee appearance and a lack of trust in their team members are still prevalent. Some managers even resort to unreasonable demands and harassment tactics, such as imposing pay cuts for simple personal choices like colouring hair or keeping a beard. Sometimes, peons may even resort to stalking employees, while managers may enforce strict attendance policies that restrict flexibility and autonomy. This unfortunate reality makes it all the more important for Indian workplaces to prioritise creating a positive and respectful work environment for all employees. India's work culture has a toxic tendency to glorify long work hours and hard work, leading to widespread burnout and exhaustion. The pressure to constantly hustle and grind is often justified under the guise of motivational phrases like "no excuses" or "the grind never stops," but in reality, it perpetuates extreme workaholism. This toxic culture is particularly pronounced in India, where a huge population means that individuals feel dispensable and replaceable. As a result, the pressure to work constantly and be always available has reached alarming levels, leading to a dangerous cycle of exhaustion and burnout. The prevalence of toxic work cultures in India is leading to a range of disturbing issues in the workplace. From being made to skip weekends four times in a row and work 24x7 for 30 days straight to facing office favouritism, dejection, workplace remarks, and even sexual harassment, employees are being subjected to a range of disturbing behaviors. This is causing even the most talented professionals to quit their dream jobs, as the toll of working in a toxic environment becomes too great to bear. What does a toxic workplace look like? While many factors can contribute to a toxic workplace culture, weak leadership is perhaps the most pervasive. Ineffective leaders who are in the wrong positions or lack a clear and persistent business strategy can create a ripple effect throughout the organisation, leading to a variety of problems. These leaders are supposed to be the stewards of the company's image and brand, but their incompetence often has the opposite effect. From low morale and lack of direction to a toxic work environment and high turnover rates, the impact of weak leadership can be felt throughout the organisation. Toxic work environments are characterized by negative behaviours such as reprimanding employees in public, lack of clarity about organizational objectives, fear of expressing opinions, and derogatory feedback. There is an increasing level of micromanagement, passive aggression, and hostility within teams. Watch out for these warning signs in a toxic workplace: Cliques and culture of gossip - People are being excluded. Employees spread rumours behind others’ backs. Poor communication - Employee input seems to go nowhere or there’s a lack of transparency around crucial processes or events. Mistrust of leadership or between coworkers - People don’t trust others to follow through or treat them with respect. Lack of empathy from leadership - Leaders put deadlines or personal reputation before their employees’ well-being. Frequent employee turnover - You’re seeing high levels of burnout or a high number of people who quit after just a few months at your company. Subtle workplace bullying - Conduct that’s threatening, humiliating, or intimidating including verbal or emotional abuse. Poor work/life balance - People are constantly working overtime or are expected to answer work calls and emails at all hours. Unequal enforcement of policies - Exceptions to discipline or other policies are made for high performers or “favourites.” Why employers cannot afford to ignore employee burnout Creating a supportive and positive work environment should be a crucial focus for any organization today. Apart from being the right thing to do, it also makes good business sense. Neglecting employee well-being and leaving burnout unaddressed can lead to the loss of valuable talent and have a detrimental impact on employee morale. Burnout is a gradual process that takes time to develop. Employees who experience high levels of stress at work are more likely to leave their jobs. Leaders should take action early on when employees begin to show signs of disengagement to prevent burnout from escalating and affecting the team or organization negatively. What can employers do to prevent a toxic work culture? “People leave managers, not companies.” To prevent a toxic workplace culture, start by evaluating your managers to ensure they are in the right position to succeed. Assess if they have the necessary skills to lead a team and if they can relate to and empathize with their staff. Additionally, evaluate if they have a positive attitude to overcome challenges. If the answer to most of these questions is negative, it may be time to consider making a change. Employee engagement surveys are an effective way for organizations to stay connected to their workforce and address any challenges they may be facing. These surveys can provide valuable feedback on the performance of management teams and help identify areas where improvement is needed. Encouraging employees to provide honest and open feedback can help highlight executives who may be struggling to lead effectively, allowing for necessary changes to be made. Overall, conducting regular employee engagement surveys can help organizations foster a culture of transparency and improve overall employee satisfaction. To foster a positive and productive workplace culture, it is important to avoid command-and-control leadership styles that can harm employee engagement and productivity. Instead, leaders should focus on clear communication and setting realistic expectations, especially in the midst of uncertainty. The pandemic has demonstrated that effective leadership can drive strong team performance even during challenging times. It is crucial for leaders to promote positivity and eliminate negativity within the workplace culture, starting with their own leadership approach. Positive leaders have the ability to inspire their team with optimism and hope, and recognize individual and group achievements. They focus on opportunities for future improvement rather than complaining or blaming. During challenging times, leaders who show empathy, humility, and integrity can build inclusive cultures that encourage purpose, innovation, and mutual support. How can a toxic workplace be fixed? Fixing a toxic workplace culture can be a complex and long-term process that requires commitment and effort from both leaders and employees. Here are a few steps that can help: Acknowledge the problem: Leaders must acknowledge and take responsibility for the existence of a toxic workplace culture. Conduct a thorough evaluation: Identify the root causes of the problem through surveys, focus groups, and one-on-one conversations with employees. Develop a clear action plan: Based on the evaluation, develop a clear action plan to address the issues and create a positive work environment. Communicate with employees: Communicate the action plan to employees, and provide regular updates on progress. Train leaders and employees: Provide training to leaders and employees on how to recognize and address toxic behaviors, and how to promote a positive work environment. Hold people accountable: Ensure that all employees, including leaders, are held accountable for their actions and behaviors. Celebrate progress: Recognize and celebrate progress towards a positive work environment, and continue to make improvements over time.

Sumasri

Mar 31, 2023

Is Law A Good Career Option For Women In India?

Women have been essential in shaping history throughout human history. The place of women in society and the jobs they hold speaks to how the country as a whole is progressing. However, it is ironic and terrible that a large section of society, in general, does not value women's contributions even today. Women struggle to balance work and life because of their commitments to their families. Indian women still have a long way to go in terms of culture, society, and the economy even though more of them are now working outside the home. It is a common notion that discrimination against working women begins with the recruiting process. Except for a few specific professions like teaching, nursing, and office work, the majority of males in Indian society do not agree that women may coexist with men in all occupations. Due to undervaluation, women typically choose low-demand jobs, even those with highly specialized talents. Women have a responsibility to manage their many responsibilities, both at home and at work, properly. Whether they are shaping themselves or practicing law, the legal profession regularly presents individuals with a variety of difficulties.1 Challenges Faced By Female Advocates Biases at work It can be harder for women to network and socialise in the legal industry because the clientele is nearly exclusively made up of men. In some cases, working with women makes even the clients uncomfortable. In other instances, clients specifically select female lawyers because they believe they would be paid less than their male counterparts. The reputation and income of women are undoubtedly impacted by this. Not surprisingly, women lawyers have to fight hard for their rightful fees, which their male counterparts simply command. Work-life balance The existence of a rigidly scheduled 9 to 5 schedule makes it difficult for women to balance work and personal obligations. Many independent professionals either work from home or convert a part of their residence into an office. Some have hired support personnel to maintain their houses, while others have relocated closer to the courthouse or turned their homes into offices. Still, others have life partners who work in the field, making it challenging to balance work and family obligations. Others have had to restrict their practice regions or the courts in which they can represent clients. Structural Inflexibilities Since the majority of female litigators do not receive maternity benefits, there is frequently more financial pressure to start working again. Institutional inflexibilities that exclude support measures that advance equality in employment, pregnancy, maternity leave, and motherhood have a significant negative impact. One responder was forced to leave her job at the start of her fourth trimester of pregnancy due to the lengthy workdays, inadequate or separate elevators, unhygienic restrooms, and poor road conditions. Respondents who were employed by senior or law firms complained about rigid policies and the requirement to be present in the workplace at all times, which caused them to leave their jobs during their pregnancies. Gender Discrimination Women lawyers are frequently compared to and graded against their male counterparts, almost as if it were a natural law. Women can be seen participating in court proceedings at lower courts, but as you rise the judicial ladder, their numbers, particularly those of young women, start to decline. There has been a change from 30–40 years ago; there is now an equal representation of men and women in law schools, and in some places, there are more female than male candidates. However, we can see that women lawyers are leaving the profession due to lack of support or because the environment is so inhospitable or vulnerable that they are likely leaving these situations.2 Women must make a clear distinction between their personal and professional lives at some point, whereas males are unconcerned with this option. As an associate, women are faced with decisions like whether to get married or get promoted, where there is a very real option that a woman must make or is expected to make due to social expectations associated with being a woman. A glass ceiling, therefore, means that women encounter an insurmountable obstacle that stops them from rising to higher positions. Women are not promoted above this barrier but can be below it. This common glass ceiling results in unequal treatment of women all throughout the world. Gender-Wage Gap The difference in pay between men and women in the same position is referred to as the gender wage gap. Several facets of the legal sector exhibit the gender wage gap. Despite the fact that more than half of first-year law students are female, there is still a pay gap for women in the field. Despite the fact that women tend to bill more accounts than males, there is still a pay gap. Women lawyers frequently receive lower fees than males do. Equity partners' gender pay disparity has widened. Even if they reach this highest position, female equity partners are still paid less than their male counterparts. Any major change will need to come from a multifaceted approach, starting with hiring decisions and continuing through each step of the workplace culture, as this gap is a chronic issue in the legal sector. The introduction of new delivery models and a replacement of the outdated model may help accelerate this transformation as investors and other stakeholders are increasingly turning to new technology to solve their legal demands. Larger legal corporations may also demand diversity in order to help solve this issue. Legal organisations that place the value of gender equality at their centre may be able to influence this transformation.3 Comparative Analysis Among Countries Regarding Equal Pay One of the most fundamental things that humans have aspired for in a decent standard of living is equality in work and income. While every employee has the right to work and a paycheck, things become difficult when society has excessively low pay standards. The payment of unequal compensation for the same labour in a certain industry is the issue that occurs most frequently. Women have endured patriarchy and gender inequality for a very long time. However, as a result of the recent globalisation, women from various social levels have attempted to overcome all obstacles to enter the workforce. But despite their talent and worth, many women have experienced discrimination in the workplace, whether it be in the form of being passed over for promotions or receiving lower pay for work that is similar to that of men. The gender pay gap is not just present in India; it also exists in Developed states. The World Economic Forum released research in 2018 stating that it will take 202 years to close the gender pay gap. Around the world, women are paid 63% less than men. The largest pay discrepancies were found in Yemen, Syria, and Iraq, and the UK ranked 50th out of 149 nations in terms of the gender pay gap. Iceland has also had a similar comparison. The role and significance of women in Icelandic society were highlighted on October 24, 1975, when working, parenting, and housewives left their homes and workplaces. It has been said that the event marked a turning point for Iceland, which is currently regarded as one of the most gender-equal nations in the world. The United Nations has declared 1975 to be the International Year of Women.4 The World Plan of Action for the Implementation of the Objectives of the International Women's Year was adopted during the World Conference that same year. The first Gender Equality Act, which forbade gender-based discrimination, was enacted in reaction to the strike in 1976. The occasion is also recognised as opening the door for the election of Iceland's first female president, Vidgs Finnbogadóttir, who made history by being the first woman to be democratically elected as head of state in 1980. In India, where the gender proportion is nearly equivalent, men earn 82 percent of the work pay while women get only 18 percent of it, as per the World Inequality Report 2022.5 However, a significant number of businesses are proactively addressing the gender wage gap even as CEOs and company boards make significant efforts to hire more women. The Apex Court and the Parliament should both take into account the concerns regarding the working environment and social security of female attorneys. In today's India, where we talk about "Beti Bachao, Beti Padhao," we also need to recognise that it becomes vital for us to establish a secure and safe environment for women to succeed in the noble profession. [1] Siddhima. (2022, January 2). Challenges Faced By Women Lawyers In India - Jus Corpus. Jus Corpus Law Journal. https://www.juscorpus.com/challenges-faced-by-women-lawyers-in-india/ [2] K.V, S. (2016, July 22). Gender Discrimination In The Legal Profession. iPleaders. https://blog.ipleaders.in/gender-discrimination-legal-profession [3] Monahan, A. (2019, April 5). The Gender Wage Gap in the Legal Profession. LiveAbout. https://www.liveabout.com/understanding-the-gender-wage-gap-in-the-legal-profession-400062 [4] Hofverberg, E. (2022, March 8). Kvennafridagurinn – The Day Icelandic Women Went on Strike. Library of Congress. https://blogs.loc.gov/law/2022/03/kvennafridagurinn-the-day-icelandic-women-went-on-strike/ [5] https://odishabytes.com/womens-unequal-pay-for-equal-work/

Sumasri

Mar 29, 2023

Urban Fellows Programme 2023-24

ABOUT UFP UFP is scholarship-based, nine-month, full-time, residential, interdisciplinary and based at the IIHS, Bengaluru City Campus. It seeks to combine classroom teaching, site-based applied learning, and introduce Fellows to diverse forms of urban practice through a choice of independent projects; work in live IIHS projects; or external internships. The Programme is open to recent graduates and young professionals from varied educational backgrounds or practice domains. Through the UFP, Fellows will: Understand issues of urbanisation in India and the Global South from multiple disciplinary perspectives. Learn from practice as young professionals seeking to enter the urban sector. Develop skills necessary to analyse, understand, and identify key urban issues in India. Build a foundation to design interdisciplinary urban interventions. Network with diverse global, national, and local thought leaders, entrepreneurs, and change makers. Learn from a diverse and experienced faculty who bring together theory and practice. ELIGIBILITY An ideal candidate will have a Bachelor’s Degree in any subject or discipline and their age should not exceed 30 years at the time of the UFP’s commencement. Therefore, candidates should be born on or after 1 August 1993. The Programme may, subject to facts and circumstances, consider non-degree training and certification programmes completed after 10+2 schooling. Candidates without any formal education after their 10+2 may also apply, especially if they have valuable experience of formal or informal work in urban sectors. All candidates must have basic proficiency in reading English. There is support available for candidates with limited speaking ability in English and they are encouraged to apply. Candidates must be Indian citizens. OCI Card holders are not eligible to apply at this time. We strongly encourage applications from women, people with disabilities, and those from economically and socially excluded communities. IIHS provides a diverse, inclusive, open, safe and enabling learning environment. It is committed to the principle of not discriminating against individuals on the basis of personal beliefs or characteristics such as caste, class, religion, region, ethnicity, race, gender, sexual orientation, age, marital status or disability. The UFP is part of this commitment to create supportive teaching and learning environments. Fellows are also expected to aspire to the highest standards of ethics in their personal and professional interactions. APPLICATION PROCEDURE Applications can be submitted online (preferred) or by post. There are five main elements to each application: 1. Basic Personal Information 2. Educational Information 3. Work | Internship | Volunteering Experience (if any) 4. Essays & Supporting Documents Personal Statement and Essays: This section consists of three shorter essay questions that need to be completed. Please note that all three essays are mandatory. The first essay is about your motivation to apply (up to 300 words) and is focussed on your interest in the UFP and its elements. The second essay (200 words), focusses on your experiences and the ways in which these led to your interest in the Urban. The third essay requires you to choose one out of five problem statements provided and give your response to it (up to 400 words). Audio-visual material or other material of your own making that complements your application can be uploaded or sent in. Any other information you would like to provide (up to 200 words). 5. A Sample of Work: One sample of academic or professional work that best describes your capabilities and interests. The sample may take any form: e.g. text, plans, portfolios, audio files and visual media. The sample of work should preferably be your individual effort. In case you include a work representing team effort, please specify details of your particular contribution and role. Admissions and submission deadlines - 24th April, 2023 The application is followed by an interview. To apply by post, this form should be downloaded, filled in, and posted to: The UFP Admissions Committee IIHS Bengaluru City Campus, No. 197/36, 2nd Main Road, Sadashivanagar, Bengaluru 560 080 For further queries, send a mail to [email protected] or call + 91 99012 55788, 96064 84336 For files/videos click here. For more information visit the official page here.

Sumasri

Mar 24, 2023

How to Land Your Dream Job by Sending Cold Emails

Are you a recent graduate or someone looking to change jobs? Have you decided to pursue your dream job, but don't know how to get started? With the changing job market, the ways of applying for jobs and making connections are also evolving. Nowadays, it's possible to land your dream job by sending cold emails. What is a Cold Email? Cold emails are unsolicited messages sent to people with whom you have no prior relationship or communication. The goal of a cold email is to initiate a conversation for collaboration, build professional relationships, or pursue business opportunities such as acquiring new customers or clients. Cold emails are commonly used for networking or job searching, but they are also frequently employed in sales and marketing to promote goods or services. For a cold email to be effective, it should be personalised, relevant, and well-targeted. However, if not done properly, it may be perceived as spam or unwanted communication. Whom to cold mail or massage? Before diving into the steps and examples of cold emails, it's important to know to whom you should be sending them. If you're reaching out to a small business with 40 or fewer employees, try to target the CEO, CTO, or founding members. For mid-sized and larger companies, look to see if they have a designated HR department. LinkedIn can be a useful tool for identifying specific decision-makers or hiring managers within a company. You can often find their email address on their profile or on similar websites. Alternatively, you can connect with them and send a direct message by following the steps outlined for cold emailing. Or in the worst-case scenario for small businesses, it's typically just the founder's first name@firm domain. Together with first initial and last name, [email protected] also works effectively for mid-sized businesses. Give a small introduction and the reason for contacting It's important to introduce yourself in a cold email and provide information about who you are, where you work, how you obtained their information, and why you're interested in their company. Clearly state your purpose early on in the email to capture their interest and give them a reason to continue reading. With the average attention span now at around 8 seconds, it's crucial to make a strong impression and grab their attention in the first few lines. Mention a few accomplishments of yours (if any) Think of your cold email as a sales pitch and use it to showcase your skills and qualities. Don't hesitate to mention your achievements and highlight your past experiences. Explain how you plan to use these experiences in the future and why you believe you would be a valuable asset to their company. By promoting your strengths and abilities, you can demonstrate why you're a good fit for the position and why they should consider you. Have a specific and reasonable request It's important to avoid coming across as too demanding when sending a cold email. Instead, focus on building a relationship with the recipient. Asking for the job directly can be too upfront and may turn off the reader, potentially damaging your chances of making a connection. Instead, try to set up a time for a chat or call to discuss potential opportunities. Ask about the interview process or inquire if there are any recent job openings that might be a good fit for your skills and experience. By taking a more indirect approach, you can establish a connection with the recipient and build a relationship that may lead to future job opportunities. Follow up (3 times) If you don't receive a response to your cold email within a week, it's acceptable to send a brief follow-up email. Keep in mind that the person you're reaching out to may be busy and may have a backlog of emails to respond to. It's often necessary to follow up at least three times before giving up. Sending a great email only once may not be enough to be effective. In fact, several successful cold emails that resulted in interviews were only answered after several follow-ups. Tips for do’s and don’t- DO’s Use a professional id Email addresses that begin with fancy, unusual names, or numerals may not be taken seriously by potential employers. To make a good impression, it's best to use a professional-looking email address that includes your first and last name. This can help convey a sense of professionalism and seriousness to your potential employer. Write a strong subject line and keep it short When crafting a subject line for your cold email, it's important to keep it short, creative, and practical enough to entice the reader to open and read your message. You may want to consider using a common contact name or position within the company you're targeting to create a subject line that is both relevant and attention-grabbing. By doing so, you can increase the chances of your email being noticed and read by the recipient. Leave room for conversation (build relationships) When closing your cold email, it's important to avoid using a closed-ended statement and instead, leave room for the next person to reply. If you have a connection with the recruiter or company, it's a good idea to mention it in your email. You may also want to try finding any alumni from your university who have worked with the company and mention that in your email as well. By doing so, you can demonstrate that you have a genuine interest in the company and increase your chances of getting a response. DONTs Don’t follow up obsessively Following up on a cold email is essential, but it's important to avoid spamming the recipient with too many emails or messages. Instead, aim to follow up in a professional and courteous manner, and be patient in waiting for a response. Try not to look for HR always If possible, try to get in touch with the founding members or someone in charge of the recruiting process instead of relying solely on the HR department. While HR may receive a lot of these emails, there is a chance that yours could be overlooked. By targeting specific decision-makers within the company, you can increase the likelihood of your email being read and considered. Don’t send the same mail to everyone Personalization is the key to crafting a successful cold email or message. Before you begin writing, do your homework on the person and company you are contacting. Avoid sending the same generic email to everyone with only minor changes to the name and address. This approach suggests a lack of effort and interest in the recipient and is unlikely to result in a positive response. "Before sending cold emails, ensure that your resume is up-to-date. Keep in mind that cold emails typically have a low response rate and an even lower conversion rate. To improve your chances, consider sending 3 to 4 emails per day. With consistent effort and a well-crafted message, cold emailing can open the door to your dream job." Samples-1 Dear/Hello/Greetings (First Name or Mr./Ms. Last Name) Hope you are doing well. My name is (your name) and I’m 21 years old. I am a (your profession). Have worked/done an internship with (provide company name) before. Currently looking for opportunities. I have experience in (name the fields). Your assistant provided me with this email so I could get in touch with you [or state the specific way you located the person's name and email]. The purpose of the mail is whether we can get into a call/meeting to discuss your career and whether there may be any upcoming opportunities with your company. I have a flexible schedule so I can schedule a meeting or call at a time convenient for you. I look forward to your response. Sincerely, (Your Name) Sample-2 Dear/Hello/Greetings (First Name or Mr./Ms. Last Name) Hope you are having a great day. I applied for an open position at (Company name)/ for the position of (the position you applied for) on your online career site. I believe the position fits incredibly well with my 15 years of experience in (your field). Attaching my profile for you to have a look at my work and experiences. (profile link). I recently followed you on the same business social media page and I appreciate the interesting articles you provide for job seekers and how you interact with candidates. We also have a common interest in AI. I'd love to schedule a call and talk with you further about the position and my experience. I can be available for next week's working hours. I look forward to speaking with you. Sincerely, (Your Name) LegalBots.in wishes you all the best!

Sumasri

Mar 17, 2023

Digital Personal Data Protection Bill 2022

‘Privacy’ has become a hot topic of discussion in recent times. This is particularly so in light of rapid digitisation and gross breach of privacy of individuals, by organisations collecting and processing personal data to benefit themselves. India as such hasn’t had any data privacy legislation. In the year 2017, there was a need for privacy legislation expressed in the Puttaswamy judgement.[1] For privacy laws, we have so far relied on the IT Act, of 2000 which doesn't meet present-day needs. Initially, the central government introduced the Personal Data Protection Bill in 2018, which was then passed on to the “Justice BN Srikrishna committee” for examination. But owing to a few shortcomings in the Bill, it was shelved. In the year 2019, the legislature introduced a fresh bill with quite a few changes. The purpose of this 2019 Bill was to provide for the protection of the privacy of individuals relating to their personal data and to establish a Data Protection Authority of India for the said purposes and the matters concerning the personal data of an individual. However, amid the versions of the Personal Data Protection Bill that were proposed in 2018 and 2019, each received extensive scrutiny from experts across the country and alarmed tech giants with requirements such as data localization. After receiving 81 amendments from the Joint Parliamentary Committee, the 2019 bill was withdrawn in August 2022, amid promises of a new bill that fits into India's comprehensive legal framework. Digital Personal Data Protection Bill 2022 India's Ministry of Electronics and Information Technology proposed new privacy legislation, the Digital Personal Data Protection Act, 2022.[2] The Ministry of Electronics and Information Technology of the Government of India published the draft Digital Personal Data Protection Bill, 2022 on 18 November 2022 for public consultation, which was open until 2 January 2023. The draft bill aims to enable personal data processing while recognizing individuals' rights and "the need to process personal data for lawful purposes." It allows cross-border data transfers with "certain notified countries and territories" and establishes a Data Protection Board to oversee compliance and impose penalties, stated not to exceed 5 billion rupees. As the name suggests, the scope of the Digital Personal Data Protection Bill 2022 is restricted to processing digital personal data within the territory of India. As such, all offline personal data and anything not digitised will be exempt from the purview of this legislation. Such a scope carves out a large number of processing operations still relying on paper forms as the default mechanism of data collection. Additionally, the bill remains silent on the governance of digitised paper records. Rights and Duties The data principals may exercise certain rights with respect to their personal data: right to information about personal data including information regarding the status of processing, a summary of processing activities, and identities of all the data fiduciaries with whom the personal data has been shared along with the categories of personal data so shared correction and erasure of personal data; right to grievance redressal; and right to nominate any other individual to exercise the above-mentioned rights under the draft Bill in the event of the data principal's death or incapacity To protect businesses, the draft Bill imposes certain duties upon data principals, including prohibiting them from registering a false or frivolous grievance or complaint with a data fiduciary and from providing false information or suppressing material information. A penalty of up to Rs 10,000 may be levied on data principals for the failure to comply with their duties. The Data Protection Board A Data Protection Board of India is proposed to be established under the draft Bill. The Board will function as an independent body and will function digitally, however, the exact composition and other aspects of the Board are to be further elaborated and prescribed by the Central Government. The functions of the Board would include the determination of non-compliance; imposition of penalties; and directing the adoption of urgent remedial measures in cases of personal data breaches. Orders from the Board will be deemed to be decrees made by a civil court and may be appealed to the High Courts. Also, if the Board is of the opinion that any complaint may be appropriately resolved by mediation or other processes of dispute resolution, the Board may direct the concerned parties to attempt resolution of the dispute through mediation. Breach of data The draft Bill defines 'personal data breach' as 'any unauthorised processing of personal data or accidental disclosure, acquisition, sharing, use, alteration, destruction of or loss of access to personal data, that compromises the confidentiality, integrity or availability of personal data'. The draft Bill obligates the data fiduciary or the data processor to notify the Board and the affected data principals in the event of a personal data breach. The obligation to notify data principals does not exist under Indian law currently. The data fiduciary and the processor may contractually determine who is responsible for undertaking the reporting obligation. Further, the draft Bill proposes a penalty that may extend up to Rs 2 billion for non-compliance with this requirement. Transfer of data outside India Personal data can be transferred to only those countries which are notified by the Central Government in accordance with terms and conditions as may be prescribed. At present, there is no foreseeability on the basis of the factors in which countries may be notified. While the draft Bill does not expressly allow the transfer of personal data outside India, it provides that the Central Government may whitelist certain countries or territories outside India. The draft Bill itself does not throw light on the factors based on which countries or territories will be whitelisted, nor the types of personal data that may be allowed/restricted to be transferred. Post the Government's receipt of public comments and feedback, it is expected that the draft Bill will be tabled before Parliament in 2023 and is expected to become law in August 2023, as orally remarked by the Minister of Electronics and Information Technology of India. [1] K. Puttaswamy v. Union of India (2017) 105 SCC 1 [2]https://www.meity.gov.in/writereaddata/files/The%20Digital%20Personal%20Data%20Potection%20Bill%2C%202022_0.pdf

Sumasri

Mar 14, 2023

The F.A.I.R. Project by Eight Goals One Foundation

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. About the Project The F.A.I.R. Project, an initiative of Eight Goals One Foundation (8one), is an online experiential program for individuals between 18 to 27 years of age, supported by UNESCO New Delhi. 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. 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. It includes four steps: 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. Number of Participants 32 Location Online Registration and Submission Procedure Click on the link given at the end of this post 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 6, 2022 till 23:59 of March 17, 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 The programme is fully-funded and does not require participants to pay any fee at any stage of the process. Deadline Deadline to apply: March 17, 2023 Program dates: June 8, 2023 – July 21, 2023 Contact Information E-mail ID: fair[at]8one.in Click here for 8OneFoundation’s official website. Click here to apply for the FAIR project.

Sumasri

Mar 10, 2023

Euthanasia Laws in India and Other Nations

Introduction The right to life is one of the fundamental rights guaranteed by the Indian Constitution, without which no other rights can be enjoyed. The phrase "right to life" refers to a person's basic right to live. However, the million-dollar question is that if a person has the Right to Life, does he also have the right not to Live, i.e. the Right to Die? The right to life, which includes the right to live in dignity, implies that certain rights are protected until the end of an average lifespan. This may concern a dying man's right to die with dignity. However, the right to die with "dignity" should not be confused with the right to die in an unnatural way that reduces one's lifespan. As a result, the issue has sparked strong debates in India regarding whether passive euthanasia should be legalised. It basically comes down to choosing between empathy and humanity. The very concept of euthanasia is based on the idea that a man should be able to live his life on his terms. Euthanasia is typically associated with those who have terminal diseases or are on the verge of being handicapped and have no desire to live the rest of their lives. A highly disabled or near-death individual should have the option to live or die. The goal is that the person dies with dignity, putting an end to their prolonged pain and unbearable trauma. It is in the patient's best interest to be free of constant pain and suffering. Euthanasia has been a contentious issue all across the world. The debate has grown increasingly heated in light of ongoing developments in numerous nations where euthanasia is legal, for example, India, Canada, and England, among others. Recently, our Supreme Court passed a landmark decision legalising passive euthanasia, in which life support systems can be discontinued the consent of the individual and family members. The honourable court also established the concept of living will ensure that no one takes unfair advantage of it. Meaning of Euthanasia Euthanasia is derived from two Ancient Greek words: 'Eu' means 'good' and 'Thanatos' means 'death,' therefore Euthanasia means 'good death.' It is the act or practise of ending the life of a person suffering from a terminal sickness or an incurable condition through injection or by ceasing extraordinary medical care in order to relieve him of intolerable pain or terminal illness. Euthanasia is defined as the purposeful killing of a person whose life is deemed unworthy of life. For a long time, euthanasia has been a contentious issue in the health sector, with many referring to it as "suicide" if done by the patient or "murder" if done by others. It has been a source of contention for many years throughout the world, with some countries, such as the United Kingdom, still considering it illegal, while others, such as the Netherlands, Canada, Colombia, and three federal states in the United States, consider it legal. In 2018, the Supreme Court of India declared passive euthanasia legal by issuing rules. To summarise, Euthanasia or mercy killing is the provision of a less painful death to a person who has been suffering for an extended period of time. Types of Euthanasia Active Euthanasia This is a form of euthanasia in which a doctor can end a person's life immediately. It includes the use of extremely lethal drug doses that are injected directly into the patient's blood or in such a way that the patient dies instantaneously. People who suffer from incurable pain and desire to end their life to end their agonising suffering choose euthanasia. This sort of euthanasia is frequently voluntary, but it can also be non-voluntary if a person is unable to give such consent. Active euthanasia is also known as 'Positive Euthanasia' and 'Aggressive Euthanasia.' Passive Euthanasia This type of euthanasia is a practice of intentionally causing a person's death by withholding necessary and basic commodities such as food, drink, and drugs from the patient in order to provide death to such a person who is in excruciating pain and is unable to recover from any disease or injury. Simply put, this involves withdrawing life support and allowing the patient to die naturally. In comparison to active euthanasia, it is a slower method of death. Negative euthanasia is also referred to as 'Negative Euthanasia' and 'Non-Aggressive Euthanasia.' Voluntary Euthanasia Voluntary Euthanasia occurs when a person offers conscious agreement to end his or her own life. The most important aspect of this is that it be agreed to with full assent and comprehension. Non-voluntary Euthanasia Non-voluntary Euthanasia occurs when an individual is unable to offer consent due to his unconsciousness and a choice to end that person's life is made by someone else, such as a family member or his life partner. Difference between Suicide and Euthanasia Suicide and euthanasia are conceptually distinct and cannot be linked. Suicide is committed for a variety of reasons, including sadness, a broken relationship, a lack of success, or financial problems. Whereas euthanasia is a separate concept in which another person takes steps to end someone's personal life in order to relieve him of any incurable agony or suffering, which must be a bona fide act, i.e. done in good faith. When a person commits suicide, there is no criminal violation; however, if the person fails in such an attempt, there is a criminal offence, as stated in section 309 of the IPC, 1860, which has a maximum penalty of imprisonment for up to one year. In the case of euthanasia, only passive euthanasia is permitted in India; active euthanasia is still illegal. Global Position Australia The Northern Territory of Australia became the first country to allow euthanasia with the passage of the Rights of the Terminally Ill Act in 1996. The Supreme Court of Northern Territory of Australia ruled in Wake v. Northern Territory of Australia that it was legal. The Euthanasia Laws Act of 1997 made it lawful. Although assisting euthanasia is criminal in most Australian states, the prosecution has been rare. In Tasmania in 2005, a nurse was convicted of helping in the death of her mother and father, both of whom had incurable illnesses. She was sentenced to two and a half years in prison, but the court eventually delayed the verdict because he believed the community did not want the woman imprisoned. Albania In 1999, Albania legalised euthanasia, stating that any type of voluntary euthanasia was lawful under the Terminally Ill Act of 1995. If three or more family members consent to the decisions, passive euthanasia is legal. Belgium Euthanasia became legal in 2002. In September 2002, the Belgian Parliament passed the 'Belgium Act on Euthanasia,' which defines euthanasia as "the intentional termination of life by someone other than the person concerned at the latter's request." The patient must be major, have made the request willingly, thoroughly considered, and repeated, and he/she must be in a situation of consent and unbearable bodily or mental pain that can be alleviated, according to the requirements for permitting euthanasia. All of these acts must be addressed to the authorities before being permitted in order to meet essential standards. Canada Patients in Canada have the right to decline life-sustaining therapies but not to request euthanasia or assisted suicide. In Rodriguez vs. Attorney General for British Columbia, the Supreme Court of Canada stated that in the situation of assisted suicide, the interests of the state will take precedence over the interests of the person. USA There is a difference between passive and active euthanasia. While active euthanasia is prohibited, physicians are not held accountable if they refuse or remove life-sustaining care at the patient's request or the request of the patient's authorised agent. In the cases of Washington v. Glucksberg and Vacco v. Quill, the United States Supreme Court declared euthanasia to be completely unconstitutional. Only in Oregon, an American state, was physician-assisted suicide permitted in 1994 under the Death and Dignity Act. California State legislative committee adopted a bill in April 2005, making it the second state to legalise assisted suicide. Position of Euthanasia in India The legal status of India cannot and should not be analysed in isolation. India drew its constitution on the constitutions of many countries, and the courts have frequently referenced to numerous international judgements. Euthanasia is absolutely prohibited in India. Because there is an intent on the part of the doctor to murder the patient in cases of euthanasia or mercy killing, such cases would definitely fall under clause first of Section 300 of the Indian Penal Code, 1860. However, because there is legal permission of the deceased in such circumstances, Exception 5 to the abovementioned Section would be invoked, and the doctor or mercy murderer would be punished under Section 304 for culpable homicide not amounting to murder. Yet, only cases of voluntary euthanasia would qualify for Exception 5 under Section 300. Non-voluntary and involuntary euthanasia would be prohibited by proviso one to Section 92 of the IPC, making it illegal. Furthermore, The right to life is a fundamental right guaranteed by the Indian Constitution. Article 21 of the Indian Constitution ensures the right to life. It is contended that the right to life guaranteed by Article 21 includes the right to die. As a result, mercy killing is a legal right. The Supreme Court ruled in Gyan Kaur vs. the State of Punjab (1996) that euthanasia and assisted suicide are illegal in India. The court ruled that Article 21 of the Indian Constitution does not include the right to die. In Aruna Ramchandra Shanbaug vs Union of India (2011), the Supreme Court ruled that in extreme circumstances and under tight supervision, passive euthanasia could be permitted. In 2014, a three-judge bench of India's Supreme Court declared the ruling in the Aruna Shanbaug case to be inconsistent in and of itself and submitted the subject of euthanasia to the court's five-judge Constitution bench. In the case of Common Cause vs Union Of India (2018), a Constitution bench led by India's Chief Justice Dipak Mishra ruled that the fundamental right to life and dignity includes the right to refuse treatment and die with dignity. It was decided that the Fundamental Right to a Meaningful Existence includes the right to die without pain. Conclusion Euthanasia is a terrible and immoral act that is carried out in a legitimate manner. The purpose of the concept is not to take a person's life, but to relieve the individual who is in agonising pain through death. The most serious disadvantage of using euthanasia is its abuse. Euthanasia can be utilised for bad objectives and to obtain illegal benefits from the deceased, as well as against the deceased's will. In some parts of India, the rule of law is still not followed, and corruption, coercion, and undue influence will operate as hurdles to the practice of euthanasia, resulting in more murders in the name of euthanasia rather than genuine euthanasia. Therefore, both views are correct but there should be a creation of middle way which should develop euthanasia and should be adopted by more countries.

Sumasri

Mar 02, 2023

The Commonwealth Shared Scholarship programme 2023

Overview The Commonwealth Shared Scholarship programme is one of three Master’s programmes offered by the Commonwealth Scholarship Commission. The Commonwealth Scholarship Commission in the UK (CSC) provides the UK government scholarship scheme led by international development objectives. It operates within the framework of the Commonwealth Scholarship and Fellowship Plan (CSFP) and offers a vivid demonstration of the UK’s enduring commitment to the Commonwealth. By attracting individuals with outstanding talent and identifiable potential from all backgrounds and supporting them to become leaders and innovators on returning to their home countries, the CSC’s work combines sustainable development with the UK national interest and provides opportunities for international partnerships and collaboration. Purpose: Funded by the UK Foreign, Commonwealth & Development Office (FCDO), Commonwealth Shared Scholarships enable talented and motivated individuals to gain the knowledge and skills required for sustainable development, and are aimed at those who could not otherwise afford to study in the UK. Intended beneficiaries: Commonwealth Shared Scholarships are for candidates from eligible low and middle income Commonwealth countries, to undertake full-time taught Master’s study at a UK university. These scholarships are offered under the CSC’s six development themes. Universities wanting to find out about the UK university bidding process for Shared Scholarships should visit the University Bids page. Know more here.

Sumasri

Feb 23, 2023

Case Study : Salomon v. Salomon & Co. Ltd

Introduction Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. Contrastingly, the rule of “SLP” has experienced much turbulence historically and is one of the most litigated aspects within and across jurisdictions. This principle, established in the case of Salomon v Salomon, is still much prevalent and is conventionally celebrated as forming the core of, not only the English company law but of the universal commercial law regime. Name - Salomon v. Salomon & Co. Ltd. Citation - (1897) A.C. 22, [1896] UKHL 1 Facts Aron Salomon had for many years carried on a prosperous business as a leather merchant. In 1892, he decided to convert it into a limited company and for that purpose, Salomon & Co. Ltd. was formed with Salomon, his wife, his daughter, and his four sons as members, and Salomon as Managing Director. The company purchased the business of Salomon for £ 39,000. The price was satisfied by £ 10,000 in debentures, conferring a charge over all the company’s assets, £ 20,000 in fully paid up £ 1 shares, and the balance in cash. Seven shares were subscribed in cash by the members and the result was that Salomon held 20,001 shares out of 20,007 shares issued, and each of the remaining six shares was held by a member of his family. The company almost immediately ran into difficulties and only a year later the holder of debentures (Salomon had transferred his shares to another person) appointed a Receiver and the company went into liquidation. On liquidation, the value of assets was divided as £ 6,000 for liabilities,£ 10,000 for debentures, and £ 7,000 for unsecured debts. After paying off the debenture holders nothing would be left for the unsecured creditors. Thus, an action was brought by the Liquidator against Salomon holding him liable to indemnify the company against the company’s trading debts. Issues Whether Salomon & Co. Ltd. was a legally valid company? Whether Salomon was liable for the debts of the company? Judgement The Court of Appeal, declared the company to be a myth, reasoned that Salomon had incorporated the company contrary to the true intent of the then Companies Act, 1862 (hereinafter to be referred to as the Act) and that the company had conducted the business as an agent of Salomon, who should, therefore, be responsible for the debt incurred in the course of such agency. However, upon appeal, the House of Lords reversed the above ruling, and unanimously held that, as the company was duly incorporated, it is an independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are. In the present case, the Company Act of 1862 provided that any seven or more persons, associated for a lawful purpose may, by subscribing their names to a memorandum of association and otherwise complying with the provisions of the Act in respect of registration form a company with or without limited liability. The Act further provided that “no subscriber shall take less than one share.” That there were seven actual living persons who held shares in the company was never doubted. Whether the capital of the company is owned by seven persons in equal shares, with the right to equal share in profits, or whether it is almost owned by one person who takes practically the whole profits, it does not concern a creditor of the company. The company does not lose its identity if the bulk of its capital is held by one person. The company at law is an altogether different person from its subscribers/shareholders. Since the company fulfilled all the requirements of the Act, the court held that the company had been validly formed and was a real company. Corporate Veil Commencing with the Salomon case, the rule of SLP has been followed as an uncompromising precedent in several subsequent cases like Macaura v Northern Assurance Co[1]., Lee v Lee’s Air Farming Limited[2], and the Farrar case[3] The legal fiction of the corporate veil, thus established, enunciates that a company has a legal personality separate and independent from the identity of its shareholders. Hence, any rights, obligations, or liabilities of a company are discrete from those of its shareholders, where the latter are responsible only to the extent of their capital contributions, known as “limited liability”. This corporate fiction was devised to enable groups of individuals to pursue an economic purpose as a single unit, without exposure to risks or liabilities in one’s personal capacity. Accordingly, a company can own property, execute contracts, raise debt, make investments, and assume other rights and obligations, independent of its members. Moreover, as companies can then sue and be sued in their own name, it facilitates legal courses too. Lastly, the most striking consequence of SLP is that a company survives the death of its members as well. The Exception of Veil Piercing Notably, similar to most legal principles, the overarching rule of SLP applies with exceptions, where the courts may look through the veil to reach out to the insider members, known as the “lifting or piercing of the corporate veil“. It is worthwhile here to refer to the case of Adams v Cape Industries[4], which examined the common law grounds, primarily evolved through case law as an equitable remedy, namely- (a) agency, (b) fraud, (c) sham, (d) group enterprise, and (e) injustice or unfairness. The exception has been invoked widely by English courts, including in the recent cases of Beckett Investment Management Group v Hall Stone[5] & Rolls v Moore Stephens[6] and Akzo Nobel v The Competition Commission[7], etc. Needless to mention, the journey of English law in defining the contours of the SLP doctrine and carving out these exceptions has been quite a hassle. Moreover, veil piercing is now also rampant as a statutory exception. Conclusion The concept of lifting the corporate veil was later introduced after this case where no person could hide behind the company’s entity to commit fraud and avoid any sort of liability. A certain amount of proximity should be there to apply this concept of lifting the veil. In this case, it was decided that no illegal or sham act has been done by Mr Aron and that he was legally the creditor of the company and has a right to be paid at the winding up of the company before the unsecured creditors as his debt was secured by a charge against the assets of the company. [1]1925 AC 61 [2]1961 AC 1 [3] (1888) 40 ChD 39 [4] 1990 Ch. 433 [5] 2009 1 A.C. 1391 [6] 2009 UKHL 39 [7] 2013 CAT 13 (21 June 2013)

Sumasri

Feb 22, 2023

Is Moonlighting Illegal In India?

After numerous employees at IT companies were terminated on this very basis, the long-running discussion surrounding "moonlighting," a colloquial term for doing a second job in secret, has become more heated. Major IT firms like TCS, Wipro and Infosys also said that they would delay or reduce the variable payout to employees for the first quarter of FY 2023 due to reduced margins, which would cause an increase in moonlighting. The work-from-home model encouraged several employees to take on side jobs in order to supplement their income and gave rise to moonlighting among Indian professionals, which created regulatory concerns for companies. A food delivery service called Swiggy unveiled an industry-first "Moonlighting policy" in August 2022 that permitted its employees to take on additional projects after work hours, subject to certain restrictions. Rishad Premji, chairman of Wipro, referred to the idea of moonlighting as cheating a few days after Swiggy's announcement. What is Moonlighting? Moonlighting is when a person does multiple jobs without the knowledge of their primary employer outside of their regular working hours. This could be done to increase income, maintain meaningful engagement in life, or make good use of one’s skills and passions. Doctors frequently consult outside of normal business hours, teachers frequently coach students through tuitions, consultants and freelancers work for multiple companies, and employees frequently participate in artistic creative activities like volunteering, music, singing, drama, theatre, and social media content creation. The adage gained popularity when Americans started seeking second occupations to enhance their income in addition to their normal 9–5 work[1]. Is Moonlighting Legal in India? From a taxation standpoint, over-employment, also known as dual employment in India, is technically acceptable in the US and the UK. Although a second job in the UK may change a worker's tax status, the first employer's payroll department wouldn't be specifically informed of this, and in larger organizations, it's likely that it would go unnoticed[2]. In India, it's legal to hold multiple jobs without breaching the law. However, a person with a comparable set of employment could raise worries about a breach of confidence because many employers often forbid employees from holding down more than one job in their employment agreements. If an employee's contract stipulates non-compete and exclusive employment, as is the case with the majority of traditional employment contracts, moonlighting might be regarded as cheating and can lead to contractual liability. It is considered permissible if the employment contracts do not contain this clause or offer exceptions. Dual employment is not permitted under the Factories Act. IT corporations are, however, excluded from that rule in several states. Employees should carefully review their employment contract with their primary employer to ensure compliance with any moonlighting policies before seeking side work or launching a business. Why Do Employees Moonlight And & Why Are Companies Upset? While the prospect of more money is always alluring, this is not the only factor driving people to search for different job options. Others do it out of boredom, while some do it out of passion. A quick Google search will show that there are many startups and small businesses that provide part-time employment options. People have found it very simple to take up additional employment thanks to easy access to job vacancies through job portals and online tests/interviews. Priorities come first. Cash is important! Finding a side job is always a lucrative approach to increasing your income. Following the pandemic, there have been employment and wage reductions and overall stagnation, which have strained people's finances. The dread of losing one's job was another. People have turned to side businesses to pay off debts or increase their income. The desire to pursue one's passion while maintaining their primary source of income is another. A person who works in IT might also be talented in other areas unrelated to coding, programming, testing, and the like, such as music or writing. The extra time, which was a luxury before working from home became the norm, allowed them to pursue the interests that they have always had. People could more easily split their time between two gigs because of flexible working hours. One's desire to start their own business may inspire one to work on more projects[3]. On the other hand, Companies worry that having employees work two jobs at once will lower their productivity and job quality. Additionally, there is a chance that two deadlines will cause more stress than one, which could result in smaller or lower-quality output. Another side effect of a side gig is fatigue, which can cause negligence and diversion. Employers are often concerned about data and confidentiality breaches, particularly if an employee collaborates with a direct rival. Another issue is the possibility that employees will exploit company resources for a side job. Moonlighting under Existing Indian Laws and New Labour Codes Indian law does not define or specify what moonlighting is. However, dual or double employment is somewhat regulated by the legislation listed below. According to the Factories Act of 1948, an employer is prohibited from demanding or permitting an adult employee to work in the factory on days when they have already worked in another workplace. The OSH Code's prohibition on dual employment of employees who work in a mine or factory is largely equivalent to the prohibition outlined in the Factories Act. The model standing orders under the Industrial Employment (Standing Orders) Rules, 1946 prescribe additional items that are applicable to all industries, including that a worker shall never work against the interests of the industrial establishment in which they are employed and shall never take any additional employment there that could harm their employer's interests. The draught model standing orders for the IR Code contain a similar prohibition, although the employer may, in their discretion, allow the employee to accept a second job or assignment with or without restrictions after receiving their prior consent[4]. The aforementioned regulations only apply to a specific set of businesses and employee groups, hence their scope is limited. The Shops and Establishments Act governs employees who work in, among other places, retail establishments, dining establishments, theatres, and other public amusement or entertainment facilities, as well as information technology and information technology-enabled services. Each state has a unique Shops and Establishments Act. For instance, the Delhi Shops and Establishments Act of 1954 forbids multiple works. In light of the aforementioned situation, employers must specify the employee activities that they want to accept or allow during non-work hours. If the position is exclusive, the employment contract needs to make it clear. The businesses should also think about implementing strong employment contracts and HR policies that clearly define the terms of employment, including the responsibilities and limitations placed on the employees as well as what would qualify as "misconduct" by an employee and call for disciplinary action. To guarantee that it is maintained by the courts, the employer should take any action in a fair and reasonable manner. Additionally, if an employee's contract contains non-compete provisions and exclusive employment, as is the case with the great majority of conventional employment contracts, moonlighting may be regarded as unethical. Employees might not view it as a breach of confidence or trust if employment contracts do not contain this clause or offer exceptions. How to check if an employee is moonlighting? Companies can know if an employee is moonlighting and working for its competitors using their Universal Account Number (UAN) of the Employees’ Provident Fund (EPF). Companies can access an employee’s UAN number to get to know if two PF contributions are being made by different companies. When two PF contributions are being made simultaneously to a UAN, it is a clear indication of moonlighting by the employees. However, it isn’t easy to find moonlighting by an employee when he/she takes up additional work as a consultant, freelancer or part-time since an employer does not make the PF contribution for such work. [1] R V, S., & Kasiva. (2022, September 26). Moonlighting: The Indian Legal Perspective. Retrieved from Lexology website: https://www.lexology.com/library/detail.aspx?g=af9cbec7-149a-4b34-8631-4f70f180dd13 [2] Mukhopadhyay, S. (2022, August 29). Explained: What is moonlighting? Is it ethical to do more than one job in India? Mint. https://www.livemint.com/news/india/explained-what-is-moonlighting-is-it-ethical-to-do-more-than-one-job-in-india-11661748291458.html [3] George, J. K. (2022, October 17). Moonlighting: Why employees do it? Why companies oppose it? The Week. https://www.theweek.in/news/biz-tech/2022/10/16/moonlighting-reasons-benefits-laws-in-india-sacking-employers-upset-ideas-moonlight.html [4]Acharya, M. (2022, September 13). Concept of Moonlighting and Its Legality in India. ClearTax. Chronicles. https://news.cleartax.in/concept-of-moonlighting-and-its-legality-in-india/8455

Sumasri

Feb 20, 2023

Erasmus Mundus Joint Masters Scholarships

About Erasmus Mundus Joint Masters scholarships Erasmus Mundus Joint Masters are high-level and integrated study programmes, at master level. They are designed and delivered by an international partnership of higher education institutions (HEI). They involve at least three HEI from three different countries, of which at least two must be EU Member States and third countries associated to the Programme (previously called Programme Countries). By supporting these jointly recognised Master degrees, the EU aims at fostering excellence and internationalisation of the participating institutions. There are also scholarships for students to take part in these prestigious programmes; the masters themselves offer them to the best-ranked applicants worldwide. Scholarships cover the cost of a student’s participation in the programme, travel and a living allowance. Applicant profile Students at master's level from all over the world can apply. You must have a bachelor’s degree (first degree) or be in your last year of bachelor studies and graduate before the master’s programme starts. You may also apply if you demonstrate a bachelor’s equivalent level of learning. This must be officially recognised, according to national legislation and practices, in the degree awarding country Activities and outcomes The programme covers the period of your study, research, placement activities, thesis preparation and defence, in line with the requirement of the joint Master. The latter comprises at least 2 study periods in 2 countries, which must be different from your country of residence. Erasmus Mundus Joint Masters offer different study tracks to meet this condition. Duration of the masters: 1 to 2 academic years (60, 90 or 120 ECTS credits). Type of degree awarded: either a joint degree (i.e. one single degree certificate issued on behalf of at least two higher education institutions) or multiple degrees (i.e. at least two degree certificates issued by two higher education institutions of the consortium). Applications and more information You should consult the online catalogue of Erasmus Mundus masters programmes. There you will find detailed information about these EU funded programmes and a link to the websites of the masters. These latter contain all the information you need to decide if this is the right programme for you: description of the course of study, list of the participating universities and entry requirements. The programme’s website will also take you through all the steps of the application process. Don’t hesitate to contact directly the relevant university if you have further questions. A new batch of selected Erasmus Mundus Masters is added to the list each year. Most consortia will require applications to be submitted between October and January, for courses starting the following academic year. For more information click here here.

Sumasri

Feb 16, 2023

Legal Aspects of Organ Donation in India

Introduction Over 10 lakh individuals are waiting for corneal transplants, 50,000 are waiting for heart transplants, and 20,000 are in need of lung transplants in India, where the state of organ donation is deplorable. This is particularly regrettable given that an organ donor can, on average, save up to nine lives and provide 25 different organs to those in need. The transplant waiting lists in India are getting longer every day, while the list of organ donors is not currently growing at the same rate. By surgically replacing a patient's faulty organ with a healthy one, organ donation can prolong a patient's life by many years. Sometimes the only treatment for long-term illnesses like leukaemia or kidney failure is organ donation. That being said, the concept of organ donation also involves a number of legal aspects which will be discussed further in this article. Organ Donation working When an individual's organs start failing or deteriorating and they need a transplant to survive, that marks the initiation of the process. If a person is a fine fit for a transplant, a transplant centre will undertake a comprehensive evaluation and add them to the National Transplant Waiting List. The clock starts to run and the wait for an organ begins once the person is added to the list. It is a mechanism that matches donors with patients on waiting lists. Blood type, body size, the severity of the patient, proximity to the donor, tissue type, and length of the waiting list are used to categorise donors. The following criteria is never used to match organs: Gender Caste Income Someone with a high societal position. There is no way to predict how long the wait would be; in fact, some people's organ transplants are delayed because the waiting list is so long and there aren't enough donors. Because of this, a good number of people on the waiting list die on average every day. Indian Legal Provisions Administering Organ Donation And Transplantation The primary legislation, The Transplantation of The Human Organs Act, of 1944, covers organ donation and transplantation (THAO). It sought to uphold appropriate regulations for the removal, preservation, and transplantation of organs for medical purposes. The primary responsibility of the law is to stop transplant commercialism. Key aspects of the 1994 bill The authorisation Committee must be organised at the State and Center levels and consist of a unique collection of experts. The committee would be in charge of keeping track of the organs that are available and approving requests for transplants. Only the medical professional who has registered with the authority will be given the responsibility of executing the procedure for removing the organs from the deceased's body. An institution where the transplant would be performed must have authorization from the State authorities in order to be recognised as an approved centre. Without the consent of a trained neurosurgeon, a person cannot be pronounced brain dead right before the transplantation is about to begin. Amendments of 2014 After twenty years, neither has the number of organ donors has increased nor have the authorities been able to stop unlawful organ transplants and the use of human trafficking unlawful transplants. These changes were made with the intention of simplifying the organ donation process and streamlining the entire process. The modifications are as follows: Every hospital that could offer suitable care for donors and ventilators to collect the organs was given the authority to do organ transplants in order to increase accessibility and scope. In order to confirm that a neurosurgeon was required to be present when a person was declared dead, a relaxation of the earlier mandatory rule was approved. It was mandated that medical professionals approach the relatives of the deceased, inform them of the transplantation process and encourage them to move forward because it would be good for society. The recipient, his family, the government, or non-governmental organisations would be responsible for covering the cost of transportation, medical care, the donor's maintenance, and the recovery of organs or tissues. THAO, 1994: A Critical Analysis The Act outlines the procedure for obtaining organs from the deceased, a related person, or someone who is not related in order to prevent the unlawful trade in human organs. The law establishes that the primary motivation for organ donation stems from the need to help a close relative, such as a parent, sibling, child, or spouse. The relationship between these individuals must be confirmed through genetic testing or legal documentation. The Authorization Committee (AC) has been established by the government to ensure that organ donations for unrelated donors are made exclusively out of "Affection and Attachment" with the patient and that there is no unreported financial benefit being given to the donor. The Authorization Committee's goal is to ascertain whether or not there is a business relationship between the donor and the patient, as well as whether there is even a remote chance that the donation may be illegal. Authorization Committee and Others v. Balbir Singh, it was mentioned that "Near Relative" was used in this case. The Act was passed with the intention of prohibiting the trade of human organs. The law stipulates punishment for anyone who performs the unlawful and barbaric crime of selling organs for profit, including a sentence of two to seven years in prison and a fine of between Rs. 10,000 and Rs. 20,000. Despite the 2011 Amendment, this Act hasn't been able to stop the unlawful trade of organs. Requirements and Permissions The age requirement for organ donation is zero. It can begin as early as six weeks. Your organs' state of health and condition are the only things that matter. All of your organs and tissues, including your heart, kidneys, lungs, corneas, and pancreas, can be donated. Even living organ transplants are possible, particularly in the case of the kidneys since a person can survive in good condition with just one kidney. The procedure of Organ donation The Method of Living Donation To ensure that the living donor is medically compatible with the recipient, the donor must go through a number of tests and examinations. A physician certifies the medical suitability of the living donor. The transplant cannot take place until every test has conclusively shown that the donor and the recipient are compatible. Medical professionals perform surgery to remove the living donor's organs. Before being transplanted into the recipient, they will be momentarily kept in specialised chemical solutions. The living donor must remain under medical supervision for a few days or weeks following organ donation in order to be healthy enough to return home. The Donation Method for the Deceased A deceased donor is frequently someone who experienced a fatal head injury or brain haemorrhage. A group of medical professionals in a hospital declares she/he to be brain dead. Before the organ retrieval process may be started, the donor's family must approve the donation. Until the organ retrieval process can begin, the donor is kept on life support with doctors taking care of all of her or his needs. From a waiting list, suitable recipients are chosen for each organ. They receive a call and are instructed to go to their respective hospitals. The donor's body is respectfully returned to the family after retrieval. Requirement of Forms The Transplantation of The Human Organs and Tissue rules, 2014 prescribe the following forms: Form 1: Consent for organ or tissue donation from a near-relative Form 2: Consent for organ or tissue donation from the spouse Form 3: Consent for organ or tissue donation from other than a near-relative donor Form 4: Certificate of Donor’s Psychiatrist evaluation Form 5: Certificate of genetic relationship of living donor with the recipient (HLA DNA profiling report) Form 6: Consent spousal living donor Form 7: Self-consent for deceased donation Form 8: Consent for organ donation from family (also applicable for minors) Form 9: Consent for organ donation from unclaimed bodies Form 10: Brain death declaration form Form 11: Joint transplant application by donor/recipient Form 12: Registration of hospital for organ transplantation Form 13: Registration of hospital for organ retrieval Form 16: Grant of registration Form 17: Renewal of registration Form 18: Decision by hospital authorisation committee Form 19: Decision by district authorisation committee Form 20: Verification of Domicile for non-near-relative Form 21: Certificate of the relationship between donor and recipient in case of foreigners (Letter from Embassy) Website for Organ Donation National Organ and Tissue Transplant Organization (NOTTO) Link: https://notto.gov.in/index.htm The National Organ and Tissue Transplant Organization (NOTTO) is a national-level organisation housed in the Institute of Pathology (ICMR) Building at Safdarjung Hospital in New Delhi. It was established under the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India. It has the two divisions listed below: "National Biomaterial Centre" and "National Human Organ and Tissue Removal and Storage Network". Mohan Foundation Link: https://www.mohanfoundation.org/ The MOHAN Foundation is a non-profit, non-governmental organisation that was established in 1997 in Chennai by benefactors and medical experts under the direction of Dr. Sunil Shroff to promote organ donation. It is a recognised non-profit organisation with offices in Chennai, Hyderabad, Delhi-NCR, Chandigarh, Nagpur, Jaipur, Mumbai, and the United States. It is also free from income tax under Sections 80G and 35AC. A group of like-minded and concerned medical and non-medical professionals founded the MOHAN Foundation with the goal of extending the application of the Transplantation of Human Organs Act. This law was passed in 1994 by the Indian government to promote organ donation and end the trade in organs, particularly kidneys. Now, in addition to donating eyeballs, one can also donate their heart, lungs, liver, kidneys and pancreas. Organ India Link: https://www.organindia.org/ The Parashar Foundation, a Delhi-based NGO, started The Organ Receiving & Giving Awareness Network (ORGAN) India in March 2013 to address the appalling status of deceased organ donation in India. In order to address this organ donor shortage, we are working to develop the necessary infrastructure in India. The late Ashok Parashar founded the Parashar Foundation in 2000 with the goal of assisting the underprivileged by funding numerous hospitals, schools, and other organisations. While the majority of our prior efforts consisted of financial contributions to various charities, our current focus is to raise public awareness about organ donation in Delhi, which will help all people, regardless of religion, age, sex, caste, or gender. Conclusion The number of organ donors is still incredibly low despite the steady increase in demand. The illegal trade in organs has dramatically increased as a result of the strong demand for organs, and the worst-affected nations are those in developing regions with high rates of poverty and lax law enforcement. It is a sad fact that despite being in effect for 15 years, the THO Act has not been able to prevent the commercial trade in organs or to promote organ donation. The best course of action in India is to spend money raising awareness about the deceased’s contribution and passing legislation requiring the donation unless someone opts out. The conservative mindset of society needs to shift, together with strict legislative requirements and their successful implementation, in order to close the enormous gap between the supply and demand of critical organs.

Sumasri

Feb 09, 2023

Gender Wage War In India

India is among the most important countries when it comes to global economic growth and structural transformation story. But, unsurprisingly, in a country the size and diversity of India, asymmetries still abound in the country’s labour market. Women still earn less than men in many of the world’s largest and most developed economies, even when they’re doing the same job as their male counterparts in the same company. According to a report by the World Economic Forum[1], India ranks a low 108th out of 153 countries in terms of the gender pay gap, with women earning just 71% of what men earn. This disparity is not only unfair, but it also has a significant impact on the economic stability and growth of the country. According to a report by the International Labour Organization (ILO), the gender pay gap in India stands at 27% as of 2023[2]. This means that, on average, women in India earn 73% of what men earn for doing the same job. This gap is even wider in certain industries, such as the technology sector, where women earn just 60% of what men earn. Causes of Gender Wage Discrimination The gender wage gap is the difference between the average earnings of men and women in the workforce. Specifically, the gender wage gap measures how much fewer earnings women make in comparison to men. Various social and economic factors contribute to the gender wage gap, including gender discrimination, women’s unpaid responsibilities (like childcare), and women’s over-representation in lower-paying positions. Some of the causes of gender wage discrimination are - Differences in industries/jobs worked - so-called “women’s jobs,” such as health aides and childcare workers, typically offer lower pay and fewer benefits than male-dominated jobs (e.g. construction). These distinctions are true across all industries and professional levels, from frontline workers to senior-level executives. Differences in years of experience - women tend to have less professional experience than men due to unpaid obligations such as childcare, which leads to a career gap. Discrimination - gender-based wage discrimination is particularly prominent in work environments that discourage open discussions about wages or that make employees fear retaliation. Other than discriminating solely based on gender, employers may also decide to pay women less due to their previous wage history or compensation benefits. As a result, these wage decisions may end up following women from one job to another. According to the annual bulletin of the Periodic Labor Force Survey (PLFS) 2019-20 data[3], female labor force participation in India is way below that of males. In FY 2020, while the male participation rate stood at 56.8 percent, this ratio was 22.2 per cent for females. The latest quarterly PLFS surveys suggest a further decline. In the January-March 2021 quarter, this stood at 16.9%, with states like Himachal Pradesh (29.6), Andhra Pradesh (23.1), Tamil Nadu (24.2), Kerala (19.5), and West Bengal (19.5) being some of the top performers. The state of Bihar remained the worst performer with a 4.4% participation rate, following Delhi at 8.8% and Uttar Pradesh at 9.7% Societal Explanations for Wage Discrimination The common beliefs justifying the lower wages for women include the inability of women to work in heavy industries and their natural choice being light industries, women seeking employment in the unorganized sector, women being physically weaker and unable to work for a long duration, inability to devote much time to job training as they have to care for family and devote time for childcare, unlike men who can undergo long job training making them earn more than women workers. Even unmarried women are expected to get married and leave their job and potential mothers are expected to take breaks in the future. These beliefs and reasons deprive women of equality in remuneration. Another explanation for the differentials in wages is some employers are said to have a taste for discrimination against women workers. Employers are only willing to employ women if they accept lower remuneration. The wage differential is seen as compensation for the additional psychic costs imposed on the employer for employing women. This concept also applies to occupational segregation which leads to women being barred from ‘male jobs’ and overcrowding in ‘female jobs’. This societal standard has furthered educational and occupational inequalities. Investment in education is geared more toward men because women are labeled as future homemakers. Women are viewed as potential mothers who do not have time for the job and thus receive unfair pay. Accompanying the role of child caretaker, women in India generally hold a lower status than men. This leads to women being treated unfairly, one way being through smaller wages than men. One example of the gender pay gap in India is the disparity in the technology sector. Despite the fact that women make up nearly 30% of the Indian technology workforce, they are often paid less than their male counterparts. A study by the National Association of Software and Services Companies (NASSCOM)[4] found that women in technology roles earn 29% less than men, with the gap being even wider at the senior management level. This disparity is not only unfair, but it also limits the potential for economic growth in the sector, as it discourages women from pursuing careers in technology. One of the main reasons for the gender pay gap in India is the lack of women in leadership positions. According to a report by McKinsey[5], just 14% of senior-level positions in India are held by women. This lack of representation at the top levels of organizations leads to a lack of role models for women and a lack of policies and practices that support gender equality. The gender pay gap in India is not only an economic issue but also a societal one, as it is deeply rooted in cultural and societal biases. The rising compensation difference in an organisation can also be because women are mostly hired for supportive roles instead of senior-level jobs that have more pay. There is no gender pay inequality at the beginning phases when organisations employ freshers, yet the equality issue begins as women advance in their professions and continue to increment with age and promotion. Impact of Pandemic India’s female Labour Force Participation Rate (LFPR), which refers to women who are either working or looking for a job, has not only stagnated at much below the global average of 47% for several years but has declined considerably in recent years. Despite experiencing structural improvements to their lives, such as a decline in fertility rates and expansion of women’s education, India’s female LFPR is on a downward track. As per World Bank estimates, the female labor participation rate in India fell to 20.3% before the pandemic – from more than 26% in 2005 and 31.9% in 1983. This is much lower, even when compared with 30.5% in neighboring Bangladesh and 33.7% in Sri Lanka[6]. This decline in female LFPR can be attributed to various factors like obligations towards the performance of domestic duties, conservative social norms, and the lack of flexible work models. It is also observed that household constraints trump financial needs and individual preferences for job choice among women. This bleak scenario of women’s workforce participation having slid towards regression could, however, take a positive turn. The COVID-19 and post-pandemic hybrid work models could become game-changers for many women as they offered flexible and more innovative work options with increasingly empathetic work cultures. Incentives took by the Indian Government India has taken several steps in the legislative sphere to close the gender pay gap, especially at the low end of the wage distribution. In this regard, it was one of the pioneering countries to enact the Minimum Wages Act in 1948 and followed by the adoption of the Equal Remuneration Act in 1976. In 2019, India carried out comprehensive reforms in both the legislation and enacted the Code on Wages. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in 2005 benefited rural women workers and helped reduce the gender pay gap, both directly and indirectly. Directly, by raising the pay levels of women workers who participated in the programme, and indirectly, benefits accrued to women involved in agricultural occupations through higher earnings, as MGNREGA contributed to the rapid rise in overall rural and agricultural wages in the country. In 2017, the Government amended the Maternity Benefit Act of 1961, which increased the ‘maternity leave with pay protection’ from 12 weeks to 26 weeks for all women working in establishments employing 10 or more workers. This is expected to reduce the motherhood pay gap among mothers in the median and high-end wage earners working in the formal economy. The World Economic Forum’s (WEF) Global Gender Gap Report 2022[7] said that India positions 135 out of 146 nations in the gender gap. Although the numbers have improved to 140th out of 156 in 2021. With this, India has also improved in hiring more women for several work sectors. India has worked on its presentation in all the five sub-records of the health and education sectors. Female enrolment in education expanded from 92%in 2012 to 93.57% in 2022, as per WEF information. Their support for tertiary schooling, even though lower than male cooperation, went up from 15% in 2012 to 27.8% in 2022. A huge number of the ladies were educated in 2012; presently, that proportion is climbing towards 66%. The political section has also likewise shown improvement, however, partiality still exists. There were 11% women in the Parliament in 2012, and in 2022, women filled 14.9%of the positions. In any case, the ratio of women enrolled for ministerial positions declined from 10% in 2012 to 9% in 2022. Japan has the worst gender pay gap in the G7, standing at an estimated 22%. The country ranks 116th in the World Economic Forum’s Global Gender Gap rankings. Japanese law already states that men and women must be paid equally for the same work. From June 2023, businesses must report their gender pay gap as a percentage, displaying it on the company website and providing valid reasons for any difference. The rules will apply to any company with more than 300 staff and will affect 18,000 firms. It’s all part of Prime Minister Fumio Kishida’s ‘new capitalism’ action plan, which aims to address Japan’s growing labor shortages and boost growth[8]. The World Economic Forum and the Government of Japan co-launched the Japan Gender Parity Accelerator?. It’s working with more than 300 companies to close the gender pay gap. Experts believe that hiring more women in different sectors for different roles can help fill in the pay gap. Also, eliminating gender-based lawful limitations, making financial space for priority expenses like education, as well as carrying out gender-sensitive social advantages can help diminish gender pay inequality altogether. Equal pay for work of equal value is necessary to close the gender pay gap. Closing the gender pay gap is key to achieving social justice for working women, as well as economic growth for the nation as a whole. [1]https://www3.weforum.org/docs/WEF_GGGR_2022.pdf [2]https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/publication/wcms_862569.pdf [3]https://skillsip.nsdcindia.org/sites/default/files/kps-document/Insights%20from%20PLFS%202019-2020.pdf [4] https://nasscom.in/ [5]https://www.mckinsey.com/~/media/mckinsey/featured%20insights/employment%20and%20growth/the%20power%20of%20parity%20advancing%20womens%20equality%20in%20india/mgi%20india%20parity_full%20report_november%202015.pdf [6] https://www.ceicdata.com/en/indicator/india/labour-force-participation-rate [7] https://www3.weforum.org/docs/WEF_GGGR_2022.pdf [8]https://www.weforum.org/videos/japan-is-making-companies-publish-their-gender-pay-gap-f64994cc8e#:~:text=Japan%20has%20the%20worst%20gender,equally%20for%20the%20same%20work

Sumasri

Feb 06, 2023

Does Sex On The False Promise Of Marriage Amounts To Rape?

Rape is defined by Section 375 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC). The Section penalizes a man for all forms of non-consensual sexual contact and other non-consensual sexual penetration. One can infer from the provision that when dealing with rape cases, ‘consent’ plays an important role under Indian criminal law. This is the rationale behind penalizing a man for rape when he engages in sexual intercourse with a woman after acquiring her consent to the activity under the false pretext of marrying her. Needless to say, if the intention of promising marriage is to deceive the woman into establishing sexual intercourse, it must be treated as against her will. However, the law is not very clear on the aspect and there is a lot of gray area in establishing what constitutes a ‘false promise’ and ‘valid consent.’ Therefore, this article aims to better understand the current jurisprudence on rape on the false pretext of marriage through the review of several case laws that established precedents on this matter. WHAT DOES THE LAW SAY? There is no specific provision or explanation in IPC that talks about sexual intercourse on the pretext of a false promise of marriage. However, the false promise of marriage for sex is considered a ‘misconception of fact’ within the meaning of Section 90 of IPC[1]. This means that the consent obtained on the false promise is not considered valid consent in the eyes of the law and is charged under Section 375 of the IPC. In the year 2007 in Pradeep Kumar v. State of Bihar[2], the Supreme Court held that the term ‘misconception of fact’ defined under Section 90 of IPC is broad enough to include all cases pertaining to misrepresentation of facts, deceit, fraud, etc, to which consent is given. Further, Section 3 of the Indian Evidence Act, of 1872 also provides for ‘intention’ to be treated as fact. Thus, if the intention of promising marriage is to deceive a female into establishing sexual intercourse, it will be treated as against her will. In Deelip Singh v. State of Bihar[3] in the year 2004, the Supreme Court held that consent taken from the prosecutrix would be vitiated if it was obtained on the pretext of a false promise of marriage by the accused. The Supreme Court of India recently affirmed the law and held that where the promise to marry is false and the intention of the accused at the time of making the promise was not to abide by it but to deceive the victim to obtain her consent for sexual intercourse, there is a misconception of fact within the meaning of Section 90 that vitiates the woman’s consent. Further, In the State of U.P. v. Naushad[4] in the year 2013, it was held that it is the duty of the defendant to establish the fact that consent was obtained with the bonafide intention and that it is not within the meaning of Section 90. More so, in Deepak Gulati v. State of Haryana[5], the apex court held that an accused can be convicted for the offence of rape under the penal provisions only if there is evidence to show that ‘the intention of the accused was malafide and that he has clandestine motives.’ More recently, in 2019, in the case of Anurag Soni v. State of Chattisgarh[6], the Supreme Court observed that sexual intercourse on the false promise of marriage is also an offence under Section 417 of IPC which provides punishment for cheating. Thus, such consent shall not excuse the accused from the charges for the offence of rape under Section 375 of IPC. Likewise, in Honayya v. State of Karnataka[7] in the year 2000, the Karnataka High Court considered false promises as fraud. It further held that a mere ‘breach of promise’ would not come under the ambit of ‘misconception of fact’ defined under Section 90 unless it is coupled with malafide intention. For example, in the case of Uday v. State of Karnataka[8] in the year 2003, the Supreme Court observed that the consent given by the victim to sexual intercourse with a person with whom she was deeply in love on a promise to marry her in the future, cannot be said to a misconception of fact under Section 90 of IPC i.e. the promise of marriage must be a false promise, given in bad faith and with no intention of being adhered to at the time it was given to constitute as rape. Therefore, for almost two decades, the law has held that consenting to sexual activity based on a false promise to marry would be consent based on a ‘misconception of fact’ and, as a consequence, would not constitute valid consent under Section 90. In other terms, it is the same as rape. To summarize, the following elements must be satisfied in order to convict the accused of rape: It must be proven that the promise of marriage was false and that the accused had malice and no intention to keep the commitment. The woman's agreement to indulge in the sexual act was directly related to the false promise. It is clear that consent was obtained with the expectation that the accused would marry the victim. It must be demonstrated that the individual who obtained the consent was aware that it was the result of his false marriage promise. WHAT IS THE PUNISHMENT? The punishment for rape is detailed under Section 376 of the IPC. With the introduction of the Criminal Law (Amendment) Act of 2013, the minimum jail term for rape is increased from seven to ten years for an ordinary citizen. Anurag Soni v. State of Chhattisgarh, a case from 2019, involved the accused proposing to marry the victim when he already had other intentions to marry a different girl. He engaged in sexual activity with her on the falsified pretext of marriage. As the victim's consent was acquired under false pretences, it was deemed to be invalid. In accordance with IPC Section 376, the accused was found guilty of rape. WHAT ARE THE DEFENCES AVAILABLE? With live-in relationships becoming the norm, pre-marital sex is slowly ceasing to be taboo in India. Therefore, a more thorough approach is required to handle cases where the charges made by a female partner are unfounded. In these circumstances when evaluating the accused's level of guilt, the statutory provisions must be read broadly. There are conditions when the accused can avail for defence. In the case of Uday v. State of Karnataka, it was clear that the victim herself was aware of the marriage's improbability. The Court determined that her strong love for the accused led to her giving her consent to sexual intercourse. As a result, the accused was not found guilty of the rape crime. The victim in the Radhakrishan Meena case was a working, educated woman. She was forced to marry the accused, and they had a sexual relationship. However, it was emphasized that there was never any proof of the accused's malafide intention throughout the entire process. Therefore, it was determined that there was no offence and that the parties' sexual relationship was consensual. The Court had also stated that educated and powerful women were assumed to be fully aware of the consequences of premarital sex and to provide their consent in accordance with those consequences. In conclusion, a breach of promise following the establishment of sexual relations does not, by itself, fall under the definition of rape as defined by Indian criminal law. The court's discretion is ultimately reliant on the merits of the facts and circumstances in the specific case when deciding the issue of rape on the grounds of a false promise to marriage due to the absence of testamentary guidelines. That is to say, there is no hard-and-fast rule for determining if the victim's consent to sexual intercourse was granted under false pretense, as was noted in Uday v. State of Karnataka. To come to a decision, the Court must therefore weigh the available evidence and the relevant context. Moreover, it is clear from the statistics that while the percentage of rape cases committed under the guise of a false marriage has decreased, the number of such cases has climbed. The substantive rape laws currently in effect are insufficient to address situations of rape by deception. It is necessary to upgrade the law in order to cover all deception methods where malafide consent is obtained. On the other hand, it should be mentioned that many innocent girls would face oppression if the law does not incriminate the accused who had coerced the victim into engaging in sexual activity under the guise of false marriage. [1] https://indiankanoon.org/doc/1742535/ [2] https://indiankanoon.org/doc/961612/ [3] https://indiankanoon.org/doc/1181992/ [4] https://indiankanoon.org/doc/113414998/ [5] https://indiankanoon.org/doc/12623793/ [6] https://indiankanoon.org/doc/110473731/ [7] https://indiankanoon.org/doc/1873454/ [8] https://indiankanoon.org/doc/1100330/

Sumasri

Feb 05, 2023

Online Harassment: A Complete Guide to Understanding Your Rights and Legal Remedies in India

The rise of the internet and social media platforms has brought with it many positive aspects of modern-day communication, but it has also given rise to a new form of abuse and harassment – online harassment. In today’s digital age, people are increasingly exposed to online harassment, which can take many forms, including cyberbullying, cyberstalking, hate speech, and non-consensual sharing of intimate images, also known as “revenge porn”. As the number of internet users in India continues to grow, online harassment has become a growing concern, particularly for women and marginalized communities. Online harassment not only affects a person’s mental and emotional well-being, but can also have serious consequences for their personal and professional lives. If you are a victim of online harassment in India, there are several steps you can take to seek help and report the abuse. This article will outline the different types of online harassment, how to report online harassment, and the legal remedies available in India to help you take control of your situation. Types of Online Harassment Cyberbullying: Cyberbullying is defined as the use of technology to harass, humiliate, or threaten someone. This type of harassment can take many forms, including threatening or abusive messages, spreading rumors, or posting embarrassing photos or videos of someone. Cyberstalking: Cyberstalking is a form of online harassment that involves repeated and persistent behavior that causes fear or distress to the victim. This can include sending threatening or harassing messages, monitoring the victim’s online activity, or spreading false information about the victim. Hate Speech: Hate speech refers to any speech, gesture, conduct, writing, or display that may incite violence or prejudicial action against or by any individual or group, or because it disparages or intimidates a particular individual or group. Revenge Porn: Revenge porn is the non-consensual sharing of intimate images or videos of someone without their consent. This can be done by a former partner or someone who has access to the images or videos. How to Report Online Harassment in India? Report to the Platform: If you are being harassed on a social media platform, such as Facebook or Twitter, the first step is to report the abuse to the platform. Most social media platforms have a reporting system in place, and they take online harassment seriously. Once you have reported the abuse, the platform will investigate and take appropriate action. File a Complaint with the Police: If the harassment is severe or threatening, you can file a complaint with the local police. The police can investigate the matter and take appropriate action against the abuser. Seek Legal Remedies: If you are a victim of online harassment, you can seek legal remedies through the Indian legal system. There are several laws in India that deal with online harassment, including the Information Technology Act, 2000 and the Indian Penal Code. Legal Remedies for Online Harassment in India The Information Technology Act, 2000: This act provides a legal framework for the regulation of online content in India. Under this act, online harassment is considered an offense, and victims can file a complaint with the police. The Indian Penal Code: The Indian Penal Code provides for several provisions that deal with harassment and intimidation, including sections 503 (criminal intimidation), 504 (intentional insult with intent to provoke breach of the peace), and 509 (word, gesture or act intended to insult the modesty of a woman). The Protection of Children from Sexual Offences (POSCO) Act, 2012: This act provides for the protection of children from sexual abuse and exploitation, including online child sexual abuse. The act provides for stringent punishment for those who engage in child pornography or use the internet to sexually exploit children. The Criminal Law (Amendment) Act, 2013: This act was enacted to provide for stringent punishment for sexual assault and harassment of women. The act provides for punishment for those who use the internet or other forms of electronic communication to engage in harassment or sexual assault. Some organizations and support networks that can help victims of online abuse in India include: Cybercrime Investigation Cell (CIC) of the Indian Police: The CIC provides assistance and support to victims of cybercrime, including online harassment. National Commission for Women (NCW): The NCW is a statutory body in India that works to promote and protect the rights of women. The NCW provides support and assistance to women who are victims of online harassment and abuse. Digital Empowerment Foundation (DEF): DEF is a non-profit organization in India that works to promote digital literacy and provide support and assistance to victims of online harassment. Save Indian Family Foundation (SIFF): SIFF is a support group for men and women who are victims of false cases and domestic violence, including online harassment. Break the Silence Against Domestic Violence (BTDSADV): BTDSADV is a support group for victims of domestic violence and abuse, including online harassment. Lawyers Collective: Lawyers Collective is a non-profit organization in India that provides legal assistance and support to victims of human rights violations, including online harassment. These organizations and support networks can provide you with the help and support you need to take control of your situation and take steps to protect yourself and others from further harm. Online harassment is a growing concern in India, and it is important for victims to understand their rights and the legal remedies available to them. If you are a victim of online harassment, it is important to report the abuse to the platform, file a complaint with the police, and seek legal remedies through the Indian legal system. It is also important to remember that you are not alone. There are several organizations and support networks that can provide help and support to victims of online harassment in India. By taking a stand against online harassment and seeking help and support, you can take control of your situation and take steps to protect yourself and others from further harm.

Superadmin

Feb 04, 2023

How to File an RTI in India

The Right to Information (RTI) Act is a vital tool for citizens in India to access information from government agencies and public authorities. The RTI Act was enacted in 2005 with the aim of promoting transparency and accountability in governance. The RTI Act empowers citizens to seek information from any public authority, subject to certain exemptions, and holds public authorities accountable for providing accurate and timely information. Steps for filing an RTI in India: Identifying the public authority: The first step in filing an RTI application is to determine the public authority that holds the information you seek. Public authorities include government agencies, departments, and public sector undertakings, among others. Drafting the RTI application: The RTI application should contain the following details: Your name and address The information you are seeking The reason for seeking the information Your contact information (phone number, email address) The fee for the RTI application (INR 10/- for individuals and INR 50/- for others). The fee can be paid by cash, demand draft, or postal order. Submitting the RTI application: The RTI application can be submitted either in person, by post, or online. The application must be submitted to the Public Information Officer (PIO) of the public authority. The PIO is the designated official responsible for responding to RTI requests. Receiving a response: Within 30 days of receipt of the RTI application, the PIO is required to provide you with a response. The response can either be in the form of information or a written explanation of why the information cannot be provided. If the PIO does not respond within 30 days, you can file a complaint with the Information Commission. Filing an appeal: If you are not satisfied with the response from the PIO, you can file a first appeal with the Appellate Authority within 30 days of receipt of the PIO's response. The Appellate Authority is an independent body responsible for hearing and resolving RTI appeals. Example: Suppose you are a resident of Mumbai and you would like to obtain information about the construction of a new bridge in your area. To file an RTI application, you would follow the steps outlined above. First, you would identify the public authority that holds the information, which in this case would be the Mumbai Municipal Corporation. Next, you would draft the RTI application, specifying the information you are seeking and the reason for seeking it. You would then submit the RTI application to the PIO of the Mumbai Municipal Corporation, either in person, by post, or online. Within 30 days, the PIO would provide you with a response, either in the form of information or a written explanation of why the information cannot be provided. If you are not satisfied with the response from the PIO, you can file a first appeal with the Appellate Authority within 30 days of receipt of the PIO's response. Here's an example of what a sample RTI form could look like: Name: [Your Name] Address: [Your Address] Phone Number: [Your Phone Number] Email: [Your Email Address] To, Public Information Officer [Name of the Public Authority] [Address of the Public Authority] Subject: Request for Information under the Right to Information Act, 2005 Dear Sir/Madam, I am writing to request information under the Right to Information Act, 2005. The information I seek is as follows: [State the information you are seeking in detail, including any specific details such as dates, names, and relevant documents or records.] The reason for seeking this information is [state the reason for seeking the information, such as personal interest, research, or public interest]. I enclose a fee of [INR 10/- for individuals or INR 50/- for others] in the form of [cash, demand draft, or postal order]. Please provide the information requested in an electronic format, if possible, or in hard copy. My preferred method of receiving the information is [state your preferred method of receiving the information, such as email, post, or in-person]. Thank you for your time and consideration. Yours sincerely, [Your Name] [Your Signature (if submitting a hard copy)] Here is a sample form for RTI for karnataka PDO panchayat Here's an example of a sample RTI form for obtaining information from the Panchayat Development Officer (PDO) in Karnataka: Name: [Your Name] Address: [Your Address] Phone Number: [Your Phone Number] Email: [Your Email Address] To, Public Information Officer Panchayat Development Officer [Name of the Panchayat] [Address of the Panchayat] Karnataka Subject: Request for Information under the Right to Information Act, 2005 Dear Sir/Madam, I am writing to request information under the Right to Information Act, 2005. The information I seek is as follows: [State the information you are seeking in detail, such as details about the development projects in the Panchayat, budget allocation for the Panchayat, and details about the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in the Panchayat.] The reason for seeking this information is [state the reason for seeking the information, such as personal interest, research, or public interest]. I enclose a fee of [INR 10/- for individuals or INR 50/- for others] in the form of [cash, demand draft, or postal order]. Please provide the information requested in an electronic format, if possible, or in hard copy. My preferred method of receiving the information is [state your preferred method of receiving the information, such as email, post, or in-person]. Thank you for your time and consideration. Yours sincerely, [Your Name] [Your Signature (if submitting a hard copy)] Conclusion: The RTI Act provides citizens with an effective means of accessing information from public authorities and promoting transparency and accountability in governance. By following the steps outlined above, citizens can make use of the RTI Act to seek information and hold public authorities accountable. The RTI Act is a powerful tool for promoting good governance and fighting corruption in India, and it is important for citizens to understand and utilize their right to information.

Superadmin

Feb 03, 2023

Reliance Foundation Postgraduate Scholarship 2022-23

About Reliance Foundation Postgraduate Scholarship The Reliance Foundation Postgraduate Scholarships aim to nurture world-class talent that will help power India’s new era of growth. Reliance Foundation will identify and support 100 of India’s brightest postgraduate students with a generous grant award and a strong development program, nurturing future leaders who can think big, think green, and think digital for the benefit of society. First-year postgraduate students from institutes across India pursuing degree programs in Artificial Intelligence, Computer Sciences, Mathematics and Computing, Electrical and/or Electronics Engineering, Mechanical Engineering, Chemical Engineering, Renewable and New Energy, Material Science & Engineering and Life Sciences are eligible to apply. Reliance Foundation Scholarships will nurture and support these bright students with a holistic development program, including expert interactions, industry exposure, and volunteering opportunities creating a cohort of excellence, every year. Eligibility Be a resident Indian citizen Postgraduate Scholarship: First-year PG Students who secured a score of 550 – 1,000 in the GATE Examination Students who have not attempted GATE but have scored 7.5 or above in their Undergraduate CGPA (or % normalized to CGPA) Eligibility Degree Program Computer Science, Artificial Intelligence, Mathematics & Computing, Electrical/or Electronics Engg., Chemical Engg., Mechanical Engg., Renewable & New Energy, Material, Science & Engg. and Life Sciences. Webinar Detail Webinar 1: Introducing Reliance Foundation Postgraduate Scholarships 2022- An Application Walkthrough Start Date: 12th Jan’23/ Tues at 6:00 PM Eligibility: Postgraduate Webinar 2: Introducing Reliance Foundation Postgraduate Scholarships 2022- Application Workshop on ‘How to write effective Essays and Reference Letters. Start Date: 18th Jan’23/ Wed at 6:00 PM Eligibility: Postgraduate Webinar 3: Skilling for the 21st Century Start Date: 24th Jan’23/ Tues at 6:00 PM Eligibility: Undergraduate and Postgraduate Scholarship Features Nurturing India’s future leaders who can think big, think green, and think digital for the benefit of society. The Reliance Foundation Postgraduate Scholarships will identify and select the best and brightest students in India through a rigorous and competitive selection process. The foundation welcome applicants from all socio-economic backgrounds and scholarships will be granted on the basis of merit. Up to 100 postgraduate scholars will be selected. The total amount of scholarship available over the duration of the degree program will be up to Rs/INR 6 Lakhs. 80% of the funds will be granted in advance at the start of each academic year, to use for tuition and direct academic expenses. The remaining 20% of the funds will be granted upon request to support professional development, including indirect academic and personal development expenses, including conference-related expenses. Scholars will also benefit from additional engagement and development activities (including the chance to attend talks and workshops with leading global experts, opportunities to apply for mentoring/internships, volunteering opportunities, a strong alumni network, and more), and will join a vibrant community of scholars that will be at the forefront of creating and building a new India. How to Register? Applicants need to click on the link below to register. Application Deadline February 14, 2023. Contact Information For any additional questions, please text “hi” on WhatsApp to 7977 100 100 or email at [email protected]. Click here to register. Click here to visit the official website.

Sumasri

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