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Dec 20, 2023

Difference Between Vendor Contracts and Service Level Agreements (SLAs)

In the bustling world of business, contracts and agreements are the cornerstones of every successful relationship. But when it comes to vendor management, two key documents often cause confusion: vendor contracts and service level agreements (SLAs). While they may sound similar, understanding the crucial differences between them is vital for ensuring a smooth and productive partnership with your vendors. Vendor Contracts: The Foundation of the Relationship Think of a vendor contract as the blueprint for your entire partnership. It outlines the scope of work, deliverables, payment terms, and legal responsibilities of both parties. It's a comprehensive document that covers everything from the specific services or products to be provided to dispute resolution mechanisms. Key Elements of a Vendor Contract: Scope of Work: Clearly defines the services or products the vendor will deliver, including specific tasks, timelines, and deliverables. Payment Terms: Outlines the payment schedule, including any milestones or deliverables that need to be met before payment is due. Intellectual Property: Defines ownership of any intellectual property created during the project, including software, data, and creative materials. Confidentiality: Protects sensitive information shared by both parties. Termination Clauses: Specifies the conditions under which either party can terminate the agreement. SLAs: Ensuring Service Quality and Performance While a vendor contract lays the foundation, an SLA is a living document that focuses on service quality and performance. It defines the specific metrics and benchmarks by which the vendor's performance will be measured. This ensures that the services delivered meet the agreed-upon standards and that you, as the client, are getting the value you expect. Key Elements of an SLA: Service Levels: Clearly defines the expected performance standards for each service, such as uptime, response times, and resolution times for any issues. Metrics and Reporting: Specifies the methods and frequency of measuring service performance, including reporting formats and data collection protocols. Service Credits: Outlines how service credits will be applied in case of performance issues, compensating the client for any downtime or missed deadlines. Escalation Procedures: Defines the process for escalating service issues to the appropriate level within the vendor organisation. The Interplay: Complementary Partners, Not Duplicates Here's where the distinction becomes crucial: A vendor contract is static, acting as the overarching framework for the relationship. An SLA is dynamic, continuously monitoring and adjusting to ensure service levels are met. Think of it like this: The vendor contract is the map, and the SLA is the GPS. The map provides the overall direction, while the GPS guides you along the way, constantly assessing your progress and adjusting the route if necessary. Conclusion Understanding the differences between vendor contracts and SLAs is essential for effective vendor management. Both documents are vital, but they serve distinct purposes. While the contract establishes the foundation and boundaries of the relationship, the SLA ensures that the vendor delivers on their promises and meets your expectations for quality service. By utilising both effectively, you can build strong, mutually beneficial partnerships with your vendors, paving the way for success in your business endeavours. Remember, clear communication and open dialogue with your vendors are key to ensuring both the contract and the SLA are aligned with your needs and expectations. Building trust and a collaborative relationship with your vendors will ultimately lead to a successful and productive partnership.

Tripti

Aug 25, 2023

What is a Pitch? What are the different types of Pitches?

What is a Pitch? Imagine you have something really exciting to tell your friends, like a new game or a cool toy. A pitch is like that but for grown-ups! It is a way to talk about something special in a short and interesting way. When someone gives a pitch, they want to grab your attention and make you curious about what they are talking about. They might show you how awesome their idea, product, or thing is, and they hope you'll think It is amazing too! A sales pitch is like a salesperson's special way of talking to people to make them interested in something. It is like when you tell a friend about your favourite game and why It is awesome. But in this case, the salesperson is trying to convince the people to buy something or believe in it. This "something" could be information about their product, a service they are offering, or even a chance to meet again. The important thing is that the pitch should be short, clear, and really interesting. It is like a little story that catches your attention and makes you want to know more! Types of Pitches 1. The One-Word Pitch Have you ever heard a word that makes you super curious? Imagine someone says "Magical!" and you really want to know why It is so magical. This type of pitch is like a tiny mystery. With just one exciting word, they catch your attention and make you want to know more. Example: Airbnb’s "Belong": conveys the idea of finding a sense of belonging and connection while travelling. Another example is Google's "Search" which is a simple one-word pitch that speaks to their core function. I 2. The Question Pitch Imagine someone asking you a really interesting question that makes you think a lot. Like, "Have you ever wished your toys could talk?" This type of pitch does that! When someone asks a question like that, you really want to know the answer. It is like they are inviting you to learn more about what they are talking about. For example, What makes your coffee special?" Nescafé's campaign prompts coffee lovers to think about what sets their coffee experience apart. 3. The Rhyming Pitch You know how words can sound like they are dancing together when they rhyme? Well, in this type of pitch, words sound similar and It is so much fun to listen to! Imagine someone says, "Get a pet, you won't regret it!" It is like a little song that makes you remember what they are saying. For example "Utterly Butterly Delicious." Amul's famous tagline uses rhyming to emphasize the deliciousness of their butter and dairy products. 4. The Subject Line Pitch Have you ever seen an email or a message with a really cool line that makes you want to open it? That is the Subject Line Pitch. This type of pitch is like the title of a story. It is a sentence that makes you really curious about what's inside. For example, if you see a subject line that says "Big Adventure Awaits!", you'll want to open it to find out what adventure they are talking about. 5. The Twitter Pitch Have you heard about tweets? They are like super short messages that people share on the computer. This type of pitch is a bit like that! It is a really, really short way to tell someone about something exciting. Imagine you have only a few sentences to explain your idea, and you want to make it sound amazing. It is a quick teaser that makes people want to know more. 6. The Pixar Pitch Have you watched movies with characters who go on amazing adventures? Movies like those are made by a company called Pixar. This type of pitch is like telling a tiny version of a movie story. There is a hero who has a problem to solve, they face challenges along the way, and in the end, they find a happy solution. It is like a mini adventure that gets you excited about what's being talked about. For example, imagine someone telling a story about a brave puppy who goes on a quest to find a magical bone. It is short but super exciting, just like "Toy Story", "Up" and "Finding Nemo." Pixar is a master at creating not just stunning visuals but stories that resonate with children and adults alike. 7. The Elevator Pitch When you step into an elevator with someone important, like a boss or a big company owner, you only have the time it takes for the elevator to go up a few floors to tell them about your amazing idea. That's an elevator pitch! It is super short, like a quick introduction, to make them interested in what you are saying. You share the most important points in just a few sentences, enough to make them curious and want to hear more. It is like making a mini-pitch in a short elevator ride! Read more about it here. In the world of communication, pitches are the superpower that help ideas take flight. Just like you share your favourite things with your friends, grown-ups use different types of pitches to share their favourite ideas, products, and stories with others. Whether it is a magical one-word pitch, a thought-provoking question pitch, a catchy rhyming pitch, or a subject line that sparks curiosity, each type has its own special way of grabbing attention. From the lightning-fast Twitter pitch to the imaginative Pixar pitch, every type has its unique charm. Where can you use these pitches? Sales Presentations: When you're trying to sell a product or service, using different types of pitches can help you capture the interest of potential customers or clients. Networking Events: Elevator pitches are perfect for networking situations where you have a brief opportunity to introduce yourself and your work to others. Product Launches: Introducing a new product or service to the market can benefit from catchy and intriguing pitches that generate excitement. Business Meetings: Using different types of pitches can help you convey complex ideas, solutions, or strategies to your colleagues or superiors in a concise and engaging manner. Client Meetings: Customising your pitch to your client's needs and preferences can demonstrate that you understand their requirements and can offer valuable solutions. Job Interviews: An elevator pitch can be a great way to succinctly showcase your skills, experiences, and accomplishments to potential employers. Email Marketing: Subject line pitches can increase the open rate of your emails by sparking curiosity and interest in the recipient. Social Media Posts: Twitter pitches are perfect for sharing quick and compelling snippets of information on social media platforms. Conference Presentations: Engaging and captivating pitches can make your conference presentations more memorable and impactful. Entrepreneurial Pitches: If you're seeking investors or partners for your business idea, a well-crafted pitch can make your venture more appealing. What should you do after you have pitched your product/services? Address Questions: After your pitch, your audience might have questions or concerns. Listen carefully and answer their questions to the best of your ability. This shows that you are attentive and knowledgeable about what you are offering. Address Concerns: If someone raises concerns or objections during or after the pitch, address them calmly and professionally. Offer solutions or explanations that demonstrate how your product or service can overcome those concerns. Engage in Conversation: Encourage a conversation with your audience. Ask them what they think about your pitch, if they have any suggestions, or if there is something specific they are looking for. This helps build rapport and shows that you value their input. Provide Additional Information: If your pitch generates interest, be prepared to provide more detailed information about your product or service. This could include technical specifications, pricing details, case studies, or success stories. Collect Feedback: Ask for feedback from those who heard your pitch. This can help you improve your pitch for future presentations and also give you insights into what resonated with your audience. Thank Your Audience: Regardless of the outcome, thank your audience for their time and attention. This shows professionalism and courtesy. Follow Up: If there is interest or a potential lead, don't forget to follow up. This could involve setting up a meeting, sending more information, or discussing next steps. Stay Available: Make yourself available for further discussions. Sometimes, people need time to think before making a decision. Be reachable if they have more questions later. Pitches are like keys that can open or close important doors. They have the power to make your product, service, or even you, the center of attention in your field. If you become really good at making these pitches, you can achieve a lot in your work or business life. But remember, getting really good takes practice. Create your pitch, make it better each time, and keep improving. Just like how you get better at a game by playing it more, your pitch can become amazing with practice.

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

Dec 26, 2022

Are Mass Layoffs Illegal In India?

On 8 December 2022, during a Rajya Sabha session, the Labour and Employment Minister Bhupendra Yadav clarified that mass layoffs are illegal if the process of the terminations doesn’t fall under the provisions of the Industrial Disputes Act, and central and state-level governments can take action to protect the interest of the employees. The statement comes after the question was raised in Rajya Sabha about how the government is going to tackle the mass lay-offs in IT, ed-tech, social media, and other larger multi-national companies. He also added that as per the Industrial Disputes Act, firms and companies which operate with 100 employees or more have to seek permission from the Government before implementing any kind of layoff or closure. Industrial Dispute Act, 1947 This is an Act that came into force in the year 1947. The objective of the act was to promote industrial peace by facilitating the investigation and settlement of industrial disputes through negotiation. It is labor legislation to protect the workmen against victimization by employers and to ensure social justice for both employers and employees. The unique object of the Act is to promote collective bargaining and to maintain a peaceful atmosphere in industries by avoiding illegal strikes and lockouts. Lay-Off, Retrenchment, and Closure are three case scenarios contemplated in the Industrial Disputes Act, of 1947, which essentially results in employees losing their jobs. These are rather scenarios where situations compel an employer to resort to denying employment to their employees. The Industrial Disputes Act has come up with formal definitions and has set out laws that govern these case scenarios. Lay-Off The term ‘lay-off’ has been defined as the failure, refusal, or inability of an employer on account of the shortage of coal, power, or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity or for any other unconnected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. Essentially, a lay-off is a condition where employers are constrained to deny work to their workforce owing to conditions that bring forth a temporary inability to keep their business going. The said case scenario can happen only in a continuing establishment. Essentials conditions that lead to layoffs are - There has to be a failure, refusal, or inability of an employer This failure, refusal, or inability should be an offshoot of the shortage of coal, power, or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity, or any other unconnected reason The names of the laid-off workers should necessarily feature on the muster rolls of the establishment The said workers should not have been retrenched The employer cannot, without prior permission from the appropriate government, lay off an employee featuring on the muster rolls of the establishment A copy of the said application has to be given to the concerned workmen as well. If the lay-off happened where the workmen of an industrial establishment, being a mine, owing to reasons of fire, flood, or excess of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of thirty days from the date of commencement of such lay-off, apply in the prescribed manner, to the appropriate Government or the specified authority for permission to continue the lay-off. The said application will be considered and a reasonable opportunity to be heard shall be given to the employer as well as the workmen. After considering the same, the appropriate government may or may not grant the employer to close down. Even here, if the government does not respond within 60 days of application, the permission will be deemed to have been granted. There are provisions for review of the said decision by the authority suo-moto or in response to an application. Compensation for Laid-Off period A workman who is laid-off is entitled to compensation equivalent to 50% of the total basic wages and dearness allowance for the period of lay-off. The said compensation can be availed only if the employee has done continuous service for at least one year; this will be detailed in an upcoming section of this article. A temporary worker cannot avail of such compensation. Refusal to accept alternative employment, absence from the establishment, strike, or deliberate slowing down of production could be grounds that would entail disentitlement to such compensation. If such Lay-off exceeds 45 days, the employer can either keep paying such lay-off compensation or retrench the workers. Nonetheless, retrenchment should necessarily be applied abiding by the procedure set out by the statute. Retrenchment The Act defines “Retrenchment” as the termination by the employer of the services of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but doesn't include- (a) Voluntary retirement of the workman; or (b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation on that behalf; or Termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or (c) Termination of the service of a workman on the ground of continued ill health Here, the key ingredient is the termination of a workman from service, by the employer. This does not mean the employer can retrench a worker as a punishment by way of disciplinary action. Further, this scenario strictly does not include the above-mentioned conditions contemplated under the subsection. Closure The Act defines “Closure” as the permanent closing down of a place of employment or part thereof. Here, the employer is constrained to close the establishment permanently. Nonetheless, the due procedure has to be complied with when it comes to rolling out a plan of closure. However, the closure procedures do not apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams, or other construction work. Although employers may be forced to deprive their employees, invoking the case scenarios as explained above, the Industrial Dispute Act has been successful in setting out standards of mutual respect and requirement for solid reasons as preconditions to bringing these into play. These provisions aim at protecting the worker’s rights while respecting the employer’s point of view as well.

Sumasri

Nov 17, 2022

List of National Law Universities in India

National Law Universities (NLU) or National Law Schools are public law schools and the most desired law schools in India. NLUs in India has been established by the Acts of the State governments. NLUs in India are single-discipline universities. They offer integrated honours and law degree programmes. Law colleges established under NLU fall under the supervision of the Chief Justice of the High Court of the State in question. NLUs were created on the pattern of IIMs and IITs. NLUs have changed the face of legal education in India. In fact, India is the only country in the world which has universities for legal discipline alone. Today, we have 23 NLUs affiliated with the Bar Council of India (BCI) in India, out of which 22 are admitting students through the Common Law Admission Test (CLAT) (National Law University, Delhi has its own separate test, i.e, AILET). From 1987 to 2007, there were only seven NLUs each having its own test. In 2015, the seeds of the CLAT Consortium were sown and participating NLUs deliberated to found the Consortium in the larger interest of conducting the Common Law Admission Test (CLAT), a national entrance examination for admission under various law programs in the NLUs. The Consortium became the legal entity when it was registered in Bangalore under the Karnataka Co-operative Society Act, of 2019 in which 16 NLUs signed and became the founding members of the Consortium. The remaining NLUs (except National Law University, Delhi) subsequently joined the Consortium. It has three permanent members, i.e., National Law School of India University (NLSIU), Bangalore, National Academy of Legal Studies and Research (NALSAR), Hyderabad, and National Law Institute (NLIU), Bhopal. Below is a list of all the national law schools in India: 1. National Law School of India University, Bengaluru The first NLU was the National Law School of India University (NLSIU), located in Bangalore, which admitted its first batch in 1988. It has consistently been ranked as the best institute for law in India. At present, NLSIU Bangalore offers BA LLB at the UG level while at the PG level it offers programmes such as LLM, MPP, MBL and PG Diploma. 2. NLIU, Bhopal National Law Institute University Bhopal (NLIU Bhopal) is a public law school and a National Law University in the Indian city of Bhopal. It is the second law school created under the National Law School system, having been founded in 1997 by the state of Madhya Pradesh. 3. NALSAR, Hyderabad NALSAR University of Law, officially known as the National Academy of Legal Studies and Research, is a National Law University in Secunderabad, Hyderabad. An Act of the Andhra Pradesh State Legislature founded the University in 1998. The University Grants Commission (UGC) has accredited it with an "A" rating. The University provides full-time UG, PG, doctoral, and diploma programmes in law and management. 4. NUJS, Kolkata The West Bengal National University of Juridical Sciences (WBNUJS or NUJS) is an excellent National Law University located in Bidhannagar, Kolkata, West Bengal, India. It is also known as the Columbia of the East. NUJS was founded in 1999 by the Bar Council of India (BCI) in collaboration with the West Bengal government. 5. NLU, Jodhpur National Law University, Jodhpur (NLUJ) is a National Law University created by the Rajasthan State Legislature under the National Law University, Jodhpur, Act, 1999. The university's first UG and PG batch was accepted in 2001, with the Undergraduate batch graduating in 2006 and the university's first convocation taking place in 2007. 6. HNLU, Raipur Hidayatullah National Law University (HNLU), founded in 2003, is a public law school and a National Law University in the Indian city of New Raipur. The university is named after Justice Mohammad Hidayatullah, a former Chief Justice of India. It is one of India's independent law schools, the sixth in a sequence of such national law schools. The Government of Chhattisgarh created it as a centre for legal excellence under the Hidayatullah National University of Law, Chhattisgarh, Act (Act No.10 of 2003). The institution provides an integrated B.A. LL.B. (Hons.) programme, an L.L.M. programme, and a PhD programme. 7. GNLU, Gandhinagar The Gujarat National Law University (GNLU) is a National Law University founded in the state of Gujarat under the Gujarat National Law University Act, 2003. The University is modelled after the National Law School of India University (NLSIU) in Bangalore. The GNLU was the country's sixth National Law University (NLU). 8. NUALS, Kochi The National University of Advanced Legal Studies (NUALS) is an Indian National Law University and a public law school in Kochi. It is Kerala's first and only National Law University, as well as one of India's 23 NLUs. The Common Law Admission Test is used to determine admission to the university. The National University of Advanced Legal Studies was founded by the National University of Advanced Legal Studies Act, 2005, which was enacted by the Kerala Legislative Assembly in 2005. 9.RMLNLU, Lucknow Dr. Ram Manohar Lohiya National Law University (RMLNLU) is a public law school and a National Law University in the Indian city of Lucknow. It was founded in 2005 as the Dr. Ram Manohar Lohiya National Law Institute and officially opened on January 4, 2006. 10. RGNUL, Patiala RGNUL (Rajiv Gandhi National University of Law) is a public law school and a National Law University in Patiala, Punjab, India. The Punjab Government created it in 2006 (Punjab Act No. 12 of 2006) as a university specialising in legal education. 11. CNLU, Patna Chanakya National Law University (CNLU) is a public law school and a National Law University in Patna, Bihar, India. The Government of Bihar established it as a public university dedicated to legal education in 2006 (Bihar Act 24 of 2006). The university's chancellor is the Chief Justice of the Patna High Court. It is one of India's self-governing law schools. The campus is around 18 acres in size and is located in the heart of the city in the Mithapur region. 12. National Law University, Delhi It was founded in 2008 by Act No. 1 of 2008 of NCT Delhi in the National Capital Territory of Delhi at the urging of the Delhi High Court. The institution began operations in temporary structures in 2008. By 2010, the college's construction had been finished and it was fully operational. It is now recognised as India's second-best NLU. It conducts its own law entrance examinations through AILET. 13.NLU Odisha, Cuttack National Law University Odisha (NLUO) is a public law school and a National Law University in India located at Cuttack, Odisha. It was established in 2008 (Act 4 of 2008) under the National Law University Act, commencing its first batch in July 2009. The institute offers undergraduate (integrated B.A., LL.B., BBA/LL.M, M.Phil., PhD) and post-graduate courses in law. 14. DSNLU, Visakhapatnam The DSNLU Act of 2008 established the Damodaram Sanjivayya National Law University (DSNLU) at Sabbavaram, Anakapalli district, Andhra Pradesh, India. It provides a five-year integrated B.A. LLB. (Hons.) education to qualified undergraduate students through a centralised admission process based on the Common Law Admission Test. The University also provides postgraduate courses, including the one-year LL.M. programme, as well as PhD and LL.D. programmes. In the first phase, the university is situated in Nyayaprastha in Sabbavaram, with a built-up area of 75.5 acres. The Andhra Pradesh Legislative Assembly's founding Act of 2008 (Act No. 32 of 2008) allowed for the main campus at Visakhapatnam. 15. NLU Assam, Guwahati National Law University and Judicial Academy, Assam (NLUJA or NLUJAA) is a National Law University located in Guwahati, Assam, India. It was established in 2009 through an Act passed by the State Legislature of Assam (Assam Act XXV of 2009) as a public university dedicated to the field of legal education and the first batch was started in 2011. 16. NUSRL, Ranchi The National University of Study and Research in Law (NUSRL) is a law school in Ranchi, Jharkhand, India. In 2010, the State of Jharkhand created the fourteenth National Law University of India by legislative legislation (Act No. 4 of 2010). The 63.76-acre campus is one of India's major National Law Universities. It is also regarded as the tenth finest institution among NLUs in India. 17. TNNLU, Trichy Tamil Nadu National Law University (TNNLU), formerly known as Tamil Nadu National Law School (TNNLS), is a National Law University in Tamil Nadu, India. The Common Law Admission Test is used to determine admission to the university. The Tamil Nadu Government created it in 2012 by the Tamil Nadu National Law School Act, 2012,[1] with an initial donation of 100 crores (equivalent to 160 crores or US$20 million in 2020). The Act was changed in 2018 to replace the phrase "School" with the word "University." 18. Dr B.R. Ambedkar National Law University, Sonipat Dr B.R. Ambedkar National Law University (DBRANLU) is a National Law University in Sonipat, Haryana, India. It is the 23rd National Law University in India, founded in 2012 by the State Government of Haryana by State Legislature Act No. 15 of 2012. The university's name was changed from 'The National Law University Haryana' to 'Dr. B.R. Ambedkar National Law University Sonepat' in 2014, in honour of B. R. Ambedkar, social reformer and author of the Indian Constitution. 19. MNLU, Mumbai The Maharashtra National Legal University Mumbai (MNLU Mumbai) is a National Law University in Mumbai, Maharashtra, India, and is one of the country's most distinguished law schools. On March 20, 2014, the Maharashtra National Law University Mumbai was formed under the Maharashtra National Law University Act 2014. MNLU Mumbai provides a five-year integrated B.A. LL.B.(Hons.) curriculum as well as LL.M. programmes. Students must pass the CLAT in order to be admitted to a UG or PG programme. 20. MNLU, Nagpur Maharashtra National Law University Nagpur (MNLU) (also known as National Law University, Nagpur or NLU Nagpur) founded in the year 2016, is a public law school created by the government under the Maharashtra National Law University Act (Maharashtra Act No. VI of 2014). The university is India's 19th National Law University and is located in Nagpur, Maharashtra's Orange City. The institution is led by the Chief Justice of India. 21. HPNLU, Shimla Himachal Pradesh National Law University Shimla (HPNLU Shimla) is a National Law University in Shimla, Himachal Pradesh, India. It is India's twenty-first National Law University. The Himachal Pradesh High Court governs NLU Shimla. The Himachal Pradesh National Law University (HPNLU, Shimla) was created by an Act of the Legislature passed by the State Legislature in 2016. (Act 16 of 2016). The University began operations on October 5, 2016. The original batch of B.A.LL. B. 22. MNLU, Aurangabad MNLU Aurangabad (MNLU Aurangabad, MNLUA) is a National Law University located in Aurangabad, Maharashtra, India. It was established in 2017 by the Maharashtra government as the third and final university to be established under the Maharashtra National Law University Act, 2014, following the Maharashtra National Law University, Mumbai and the Maharashtra National Law University, Nagpur. It is India's 21st National Law University. 23. NLU, Jabalpur Dharmashastra National Law University, Jabalpur is an Indian National Law University in Jabalpur, Madhya Pradesh. The Madhya Pradesh Dharmashastra National Law University Ordinance of 2018 created it. As of 2021, the university's chancellor is the Chief Justice of the Madhya Pradesh High Court.

Sumasri

Aug 22, 2022

A Guide To Parliamentary Debate, MUN, and Judgement Writing In Law School

PART I: Parliamentary Debate What is Parliamentary Debate? Parliamentary debate is a formal competition featuring critical analysis and strong rhetorical skills by participants. In a parliamentary debate competition, participants represent the advocates for and against a motion that is provided for debate (this is also known as a resolution or a topic). How Does It Work? A motion is presented by the organisers as the subject of debate. It is important to note that for each round of debate, a new motion is used. There are two teams involved, one is designated as the Proposition (also known as Government) which speaks in favour of the given motion and the other is called the Opposition. The two teams are given approximately twenty minutes (which may differ from competition to competition) to prepare the debate for each round. During the preparation time, students are permitted to consult other students, dictionaries, reference materials, prepared notes, and perhaps even the internet. However, once such duration expires, no reference materials are allowed to bring for the debater’s use during the round. There are four debaters in a debate. The person who opens for a side also closes for that side. This means that on each team, one debater will speak twice while the other will speak once. There are two types of formal speeches in each round of debate- constructive speeches and rebuttal speeches. Crucial Tips For Parliamentary Debate Strategy Use Formal Phrases Wherever Possible Using professional phrases in speeches creates a greater impact. Phrases such as… The first point I’d like to make/to mention, is… Let me say that I/we believe that… It seems to me/us/my team that… Let’s look at… I would like to emphasize that ….. As you know …… may be used during the course of the speech. Understanding The Art Of Rhetoric Engagement The first part of rhetoric is invention. This means knowing your audience's interests and desires and playing with them. A good argument arrangement goes only so far. Try to organize your argument by making your claim, adding evidence, and showing the impact to support the claim. Improve your style by remembering your speech. If you know your speech by heart, you can start to work on your speaking style. A memorized speech gives you confidence, and with that confidence, you can focus your efforts on delivery. Amplify your performance by enhancing your delivery. Gestures, body language, tone, and eye contact are all significant parts of delivery in debate. It is not just what you are saying, but how you say it that will win over the judges. Take Your Speaking Skills To The Next Level It is important to get rid of filler words. As you practice, take note of when you use filler words such as “like” or “um.” Make a habit of replacing these words with silence. This will make you look thoughtful, rather than unprepared. Find synonyms for overused words. When you use the same words multiple times in your speech, you bore your audience, appear unprepared, and are less well-spoken. Avoid this by writing your speech with different words for commonly used ones, and having a list of synonyms for words you believe you will commonly use. Slow your pace: Speaking slowly and calmly helps to deliver your points effectively. Be calm when making rebuttals: Making rebuttals can get exciting and heated, but overdoing the emotion is never a good idea. Remain calm but firm and confident during the rebuttals. How To Make An Impact Make all your movements during your delivery neutral, open, defined, and strong. Don’t be afraid to use the full stage to your advantage, but make controlled movements. Maintaining eye contact is of paramount importance. Try to connect with as many people as possible by moving your eye contact around the room. Practice doing so line by line so you increase the number of people you make eye contact with. Do not be a boring or monotonous speaker, try and change up your tone! Try to act as if you are talking to your audience, not reciting a speech from memory. Dramatic pauses are extremely powerful, but when done at the wrong time can be detrimental to the argument. Master the dramatic pause and put it at the right time for your case. Use a passionate tone of voice when closing — it’s something that will make your argument memorable. PART II: Model United Nations Competitions Model United Nations is an academic simulation of the United Nations where students play the role of delegates from different countries and attempt to solve real-world issues with the policies and perspectives of their assigned country. For example, a student may be assigned the United Kingdom and will have to solve global topics such as nuclear non-proliferation or climate change from the policies and perspectives of the United Kingdom. The MUN participants, called delegates, must represent the political position that such country takes in the organisms assigned, such as the UN Security Council, the Human Rights Committee, and others. ? Usually, two topics are discussed in each committee. The delegates must be previously familiarized with them in order to be properly prepared for the conference and to be able to faithfully defend their country’s position. The normal functioning of each committee is in the hands of the Chairs. They are in charge of choosing the topics that will be discussed and will also lead the debate. ? How Is MUN Important For Law Students? Mastering The Skill Of Diplomacy Diplomacy, or the art of negotiation, is not only restricted to conversations between two countries, but pertains to any purposeful exchange between two groups, and thus, is a very useful skill to possess. By practising diplomacy at the MUNs, a student is likely to become more knowledgeable and experienced in how to conduct negotiations between two groups in a tactful and result-oriented manner. Apart from learning the skill of diplomacy, students aspiring to become professional diplomats or advocates can practice and groom themselves for the field by participating in MUNs, which are real-life examples of the life and work of professional diplomats. Upskilling Your Writing Abilities Most MUNs have an in-house department called the International Press which hosts student reporters and photographers. Student reporters are responsible for covering the proceedings of the different committees in depth in order to formulate daily newsletters. The articles in such a newsletter have to be formally drafted in a manner that clearly demonstrates the stance of the countries on the issue at hand as well as the analysis of the reporter concerned. The newsletter is distributed to all participants on both days and needless to say, a lot of effort goes into it. Building Analytical Skills Astute analytical ability is a trait that helps you at every stage of your legal profession, by helping you solve problems through analysis. The MUN is an ideal place to hone analytical skills, as in a simulated environment you will be challenged and required to solve the task after examining the concerns of the other countries, past precedents, and potential solutions to come up with an acceptable resolution. Getting Better At Public Speaking Public speaking is one of the key students that one is supposed to develop as a law student. Developing efficient public speaking skills takes practice, and the MUNs provide an ideal platform where you can explore and improve your capabilities. Public speaking is an integral part of the MUNs, as you express your views as a delegate and debate in front of an audience. Since you will make multiple speeches during the overall MUN event, you will have several key opportunities to improve your public speaking prowess. It also improves your abilities to write an impactful time-bound speech that impresses the committee Chairs. Furthering Your Leadership Skills Considering all the benefits listed above, it is not a stretch to claim that your personality will flourish at MUNs. The independence, challenges, and teamwork will surely serve to enhance your leadership skills, as you take charge as a representative of a real-world country. You will be encouraged to take decisions and work out solutions as a leader for the country. While the whole experience is undoubtedly enjoyable, it is also empowering and gives you the platform to take important judgement calls and bring your leadership skills into play. PART III: Judgement Writing A judgment is a statement given by the Judge, on the grounds of a decree or order. It is the end product of the proceedings in the Court. The writing of a judgment is one of the most important and time-consuming tasks performed by a Judge. Structure Of A Judgement Before writing a judgment a Judge must remember that he is performing a public act of communicating his opinion on the issues brought before him and after the trial by observing fair procedures. He is required to tell the parties of the decision, on the facts brought before him, with the application of sound principles of law, his decision, and what the parties are supposed to do as a necessary consequence to the judgment or to appeal against it. It is basically communication to the parties coming before him for a decision. A good judgment should have: Index Introduction Facts Clear articulation of the issues that arise for consideration/points of determination. Evidence led to proving each factual issue and appreciation of evidence on each issue. Applicable law and the application of law to the facts of the case. Reasoning and findings. Conclusion Adopting The Right Approach The method in which the writer arrives at a conclusion in judgement writing is often the most important part of the exercise. The process by which the conclusion is arrived at, and the statement in the judgement of that process, demonstrates the ability and integrity of the judge. Such a process may be a syllogistic process, inferential process, or intuitive process. Syllogism, or the syllogistic process, refers to a deductive scheme of a formal argument consisting of a major and minor premise along with a conclusion. In other words, in this process, the judge takes on a deductive approach in which he accepts an argument on a major premise that outweighs the minor premise in order to draw his own conclusion. The inferential process involves the judge relying upon the evidence in order to reach a reasonable conclusion. When the judge arrives at a conclusion more by intuition than through other reasons, the psychological process adopted by the judge is called the intuitive process. Common Mistakes In A Judgement Needless to say, judgement writing is a considerably complex exercise that requires superlative intellectual abilities. Even someone who is qualified may end up writing something that falls short of being a perfect judgement in terms of articulation. Some of the most common mistakes that can be found in such judgements include: things that do not need to be recorded deciding things that do not need to be decided obscuring the analysis with poor organisation and irrelevant details neglecting the “aesthetic” component of persuasion making the analysis more complex than it really is. Everything that is unrelated to the issues should be cut out — “every word must earn its right to be on the page”. To remedy these mistakes, one may keep the following pointers in mind: break up any monster sentences get rid of legalism or excessive jargon replace passive voice with active when active voice works better replace the verb “to be” when a better verb is available cut out every word that will not be missed cut out every detail that has no bearing on the issues make sure every word earns its right to be on the page give yourself permission to write like a writer. LegalBots.in wishes you all the best!

Sumasri

Aug 16, 2022

How Internship Experiences in District Court, High Court, and Supreme Court differ from each other

A law student in India can intern at all 3 levels of courts – District courts, High court, and the Supreme Court. There is absolutely no bar that one has to first intern at the district courts or the High Courts. It totally depends on the student, where he or she wishes to intern irrespective of the fact in which year of your law course you are in. As you must have some idea about the roles assigned to courts at different levels, the internship experience in terms of learning, exposure, procedures, working, etc. also varies across these courts. Internship experience at each level is different and many aspects are different and unique to the courts at different levels. AT THE DISTRICT COURTS When To Intern- 1st or 2nd year of law school If you are a first- or second-year student, then you can think of interning under an advocate who practices before the district court. The Indian judicial system rests on our lower courts. District courts or as popularly referred to as lower courts form an integral learning experience for a law student as it is at these courts that the student can be acquainted with the most basic legal cases from the grass-root level and can observe and learn how the trial is conducted. During court hours, depending on the court, a judge may hear arguments on granting a continuance, summoning a party, contentions of either party, considering questions on law, dismissing a suit, and so on. While college teaches us the theory of various procedural laws and some substantive laws like the Code of Civil Procedure, Code of Criminal Procedure, Indian Contract Act, etc., an internship at a lower/district court will provide you with the requisite experience/ training to see the words at work! For example, the Code of Criminal Procedure and the Indian Evidence Act, state how and when cross-examination is to be done, you can see and witness practically all these things at play at the district court. You will be in a position to witness first-hand the cases at all stages, from the presentation of plaint for admission before the judge in one case to the judge pronouncing the judgment on some other case. Remember the courtroom scenes from the movie - Jolly LL.B 2? While those are not all realistic, the ambience does bear a distinct degree of resemblance. Advocates at district courts will sometimes as your law school professor teach the law from the bare act and talk to you and may also at times test your theoretical knowledge. Also, a unique thing which you will find during your lower court internships is the different terms – ‘ashamed sabeh’, and ‘court reader’ used which you will not find in law school textbooks. You may also interact with the court staff. Learning basic legal drafting under a good district court lawyer is a must-do for any law student. In lower courts, you can see all the sections of society, and you can directly interact with clients. If you want to learn the tricks of the trade, start from the bottom. That’s where things get complicated and find their way to the court of law. A typical day in a district court involves the proceedings beginning in the morning. The ordinary Court hours are from 10:00 A.M to 4:30 P.M. with an interval for luncheon from 1.00 PM to 1:30 PM. Saturdays are usually a full working days for courts and offices attached thereto. Furthermore, the working hours for offices attached to Civil Courts are from 9.30 A.M. to 5.00 P.M. These are the offices that are effectively used for submitting documents, filing new suits, getting copies of judgements, etc. After court hours, lawyers usually retire to the chambers along with their staff for preparing their next cases. A typical day in a district court may also differ depending on what kind of lawyer or case you are working on at that point in time. AT THE HIGH COURTS When To Intern- 2nd or 3rd year of law school Principal benches of the High Courts are generally located in the State capital and may have benches in some other cities in the state. The infrastructure, facilities, decorum, etc. are far better than any district court. The High Court is a great place if you are interested in learning about appeals in civil and criminal cases, as opposed to the trial stages in a court of original jurisdiction. Appellate jurisdiction of the High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters. High Courts also have original and revisory jurisdictions. If you possess a deep inclination towards disciplines such as Constitutional laws, and administrative laws and have an interest in the interpretation of statutes and laws, the High Court might be the right place for you to intern at. The law taught and learned in law school differs in its application in the court of law. There are various procedures involved in bringing up a case before the court of law for hearing, which is not feasible to be taught in class. The working of High Courts is quite different from that of the lower courts. You would not generally find clients entering the courtrooms. Courtrooms are spacious and well maintained. One can get to listen to arguments by senior counsels pertaining to the interpretation of the laws, Writ matters, etc. If you are good, serious, and proactive, the lawyer or his junior will give you some work to draft, research, prepare files, etc. Don’t be shy to ask for a template or actually ask them to tutor you with the work. AT THE SUPREME COURT When To Intern- 3rd year of law school and above It is the dream of most students pursuing litigation to practice before the Supreme Court. An internship and a job with a practising advocate can be the first step toward this dream. For a law student, interning at the Supreme Court may be beneficial in a plethora of ways. First of all, leading litigators in the country are usually employed in the Supreme Court in a full-time capacity, which means even for someone who is not interning but simply observing cases, the possibilities of learning are endless. Under Indian law, courtroom proceedings are open to members of the general public and provide a wonderful opportunity for those looking to witness arguments from the leading legal practitioners of the country. Secondly, the Supreme Court, apart from being the final appellate court on civil and criminal cases, also has a robust original jurisdiction in matters of governmental disputes, questions on constitutional law, and fundamental rights. Therefore, there is an opportunity to be involved in unique cases that challenge your intellectual faculties in a productive manner. Thirdly, the apex court of the country provides a great platform for networking with professionals and acquaintances. Most matters before the Supreme Court involve a substantial question of law. This means that you cannot be superficial with your knowledge of the law. Having good knowledge of constitutional law and jurisprudence is indispensable to appreciating complex legal arguments. You will often need to carry out original research and challenge your view of things. Moreover, it is different to work in a specialized area in isolation since almost every matter would require you to understand the inherent question of jurisdiction, interpretation, and constitutionality. As an intern, you should prioritise an in-depth knowledge and understanding of the law. This may also include engaging with seniors in a meaningful manner and learning from their actions or taking cues from their guidance. Supreme Court Judges and Lawyers are among the most experienced people in the field of law you will find in India. The trick is to correctly absorb all of the knowledge and expertise on offer. The kind of energy you will find yourself surrounded by in the Supreme Court is exactly the kind of stimulus you need in case you find yourself second-guessing the decision to pursue law. Main tasks which are generally allocated to interns include- Research For Judgments/Articles/Case Laws Law is the representation of society, and legal research is the pillar on which the entire legal profession rests. The stronger the pillar, the more effective the building against calamities. Therefore, legal research skill is an asset to all legal professionals, be they law students, advocates, or judges. Thus, to attain success, it becomes imperative to sharpen this skill set continually. As an intern, you must be able to procure requisite information such as points of law, legal precedents, and argument foundations from reliable sources including research databases such as Westlaw, SCC, Manupatra, etc. One should know how to look for case laws using citations and how to refine the search and get the desired results. Preparing Case Briefs The most effective tool for legal communication is legal drafting. Besides case briefs, interns may be asked to draft a plethora of documents during the course of the internship. The ability to draft well is associated with the ability to think and communicate clearly. As a result, it is important to understand what a legal document’s intent is. A legal document must be written in such a manner that it clearly states the legal question, the client’s claims, and any solutions requested. Being Able To Take Client Meetings Especially in a long-term internship, learning the skills of dealing with a client effectively is of paramount importance. Lawyers often tend to delegate the meetings with existing and potential clients or he/she may even allow you as an intern to accompany them in such meetings. As a lawyer or legal intern, your communication skills have to be crisp and impeccable in order to make a positive impression on the client. Good communication skills are vital to successful, rewarding practice for lawyers, and interning at a court gives you a headstart on developing these skills. You need to communicate well with your senior clients, staff, partners, associates, other lawyers, and vendors. Having discussed what can one expect and what is expected from a law student while interning at different levels of courts, the core question remains which needs to be answered is to – How can you find an internship? Currently, there are several platforms publishing legal opportunities including legal internships, jobs, etc. on a regular basis, including LegalBots.in Internships are an excellent opportunity to explore and discover the real working of the courts which is not confined to the textbook teachings. Internships act as a mirror and can give you real experience, based on which you can choose your law career pathways or job role you wish to the opt-in law profession. It does not matter where you intern, what matters is that during the period of internship, you get to explore your brain efficiency and patience. A law student shall keep on brainstorming and aim for clarity on whatever they are witnessing. The experiences that a student gains from an internship are invaluable in growing a career in law. LegalBots.in wishes you the best!

Sumasri

Dec 10, 2020

Digital Repository of all Central and State Acts

INDIACODE: Click Here This is the best place to find all Enforced Central and State Acts linked with Subordinate Data like Rules, Regulations, Notifications,Orders, Circulars, Ordinances, Statutes. The site allows you to go through a list of items in some specified order. One can browse by Community and Collection, Short title, Act number, Act year, Ministry etc UserGuide to help navigate site and use the search engine: https://www.indiacode.nic.in/help/userGuide.pdf

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