CONSULTATIVE APPROACH OF THE GOVERNMENT IN FORMING POLICY FOR CHEMICALS AND PETROCHEMICALS SECTOR: SADANANDA GOWDA - The Daily Guardian
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CONSULTATIVE APPROACH OF THE GOVERNMENT IN FORMING POLICY FOR CHEMICALS AND PETROCHEMICALS SECTOR: SADANANDA GOWDA

Tarun Nangia

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Mr DV Sadananda Gowda, Minister of Chemicals & Fertilizers, Govt of India today emphasized that the government is working on a consultative approach in forming the policies for India chemicals and petrochemicals sector.

Addressing a webinar on ‘Implementation Strategy of Budget Announcement 2021-22’, organised by the Department of Chemicals & Petrochemicals, Govt of India and FICCI, Mr Gowda said that the Prime Minister’s intention is to see that the implementations of the Budget announcements be given more importance. “Implementations of the Budget announcements cannot be done only by the government. We should take our industry in confidence so that implementations can start from first week of April. The challenge for the govt is to now match the suggestions of the industry with the implementation part,” he added.

Gowda further said that Budget 21-22 has provided a nearly 200 per cent boost to the Indian pharmaceutical sector as the government sets around INR 124.42 cr for initiatives aimed at the development of the industry. “The big push for the pharma sector is being seen as an attempt to discourage the imports of raw materials that are widely used in local manufacturing,” he emphasized.

During the COVID-19 slowdown there has been noticeable production and consumption shift towards Asian and South Asian countries. The Speciality Chemical sector in India has been one of the few sectors that has remained largely unfazed by the ongoing slowdown, he added.

Highlighting the importance of R&D in the sector, Gowda said that a balanced approach through resource mobilization, key government initiatives in the sector and developing technological capabilities shall spur growth. This will also enable us to overcome the pandemic situation and make the sector stronger and more competitive.

Mansukh Mandaviya, Minister of State (IC) for Ports, Shipping and Waterways & Minister of State for Chemicals & Fertilizers, Govt of India said that the government is working to introduce PLI scheme for the Chemicals sector to increase domestic production. There are immense opportunities for the industry and the government is working to ensure to provide all necessary support. “The government decides on policies after a thorough research on ground and wants to make the industry competitive. We have to encash the opportunity,” he added.

Mandaviya further said that India has both the potential and the manpower to deal with the pandemic. The result of medicine diplomacy has been such that the entire world now wants to procure vaccines from India. After supplying medicines to 120 countries, no country has complained of inferior quality medicine. The Indian industry, its entrepreneurs and the Made in India stamp have set a benchmark globally, he noted.

Yogendra Tripathi, Secretary, Department of Chemicals & Petrochemicals, Ministry of Chemicals & Fertilizers, Govt of India said that the global petrochemical market is estimated to be $ 453 bn in 2020 and in the current decade is expected to grow at a CAGR of more than 6 per cent. “In the Indian context, the growth of petrochemicals and chemicals is going to beat the global trends,” he added.

Deepak C Mehta, Chairman, FICCI Chemicals Committee and CMD, Deepak Nitrate said that the budget did give some corrective measures for the duty structures particularly in places where there was inverse duty. The budget has given us many newer signals that are more on macro level but are very particular to the chemical industry, he added.

Kamal Nanavaty, President, CPMA said that as the world moves from conventional mobility of internal combustion engines to electric and hybrid vehicles, we will have the refining assets really become available to build new petrochemical base.

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Policy & Politics

Pride does not cometh before a fall: The LGBTQ+ community, religion and media

A 2019 study by the Pew Research Center shows that about three quarters of U.S. Catholics have opined that society must be accepting of homosexuality and majority of Catholics in Western Europe are in favour of same-sex marriages, and yet, this has barely been reported. This poses the question: where does the problem lie?

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THE BAD:

As the LGBTQ+ community grew and collided with several religious beliefs of many religions, staunch believers in the religion resorted to forcing minors to conversion therapies or “gay cure therapy”. Conversion therapy is heavily criticised as being cruel and inhuman to the community. In Curbing deception – A world survey of legal restrictions of socalled ‘conversion therapies’ by ILGA, several extreme methods used in conversion therapy were identified, such as physical and sexual abuse, internment, electric shock therapy, hypnosis, hormone regimens, psychotherapy and religious counselling. It has been reported by the international LGBTQ organisation ILGA that these pseudo-scientific practices have a destructive effect on people’s lives from an early age and that the main reason for such practices still being accepted in the society is religion and prejudice.

Over the years, very few countries like Malta, Germany and Albania have actually banned conversion therapy taking the advice of several organizations like the WHO and psychologists. A few other countries like Canada, New Zealand and the U.K. have taken a step in the right direction in expressing their will to ban this practice. However, it is pertinent to note that, it is the 21st century and in this fastpaced world, these changes are not enough for the community to survive, much less, live. There have been several instances of people from the community being killed, tortured and even resorting to suicide because of conversion therapies all over the world but no serious action has been taken against this practice. Ironically, the countries that have taken a step towards banning this inhuman practice are facing the hurdle of religious groups from their country opposing the ban. Even recently, as Canada sought to ban the practice, the Catholic Bishops in the country expressed their objections to this and gender identity was even referred to as an “aggressive ideology” and against the moral fabric of the Canadian society. This is not just a view that has been taken by the religious followers of one religion in one country alone. Several religious groups all over the world believe that the LGBTQ+ community is merely a phase of children and can be cured if given the right atmosphere. One can only wonder if this is because of the lack of awareness or the rigid ideals of several religions on what is morally correct and wrong.

On one hand, psychologists around the world stood against conversion therapy stating that it is not effective and is also harmful to the community and on the other, religion has stood strongly against the community and encouraged people to cure it.

THE GOOD:

All negativity aside, the author would like to look into how religion, being an integral part of most peoples’ lives can actually contribute positively to fostering the needs of the community. Although some religions have shown express distaste regarding the community, several other religious groups have also promoted the marriage of same-sex couples in the past two decades, such as the Episcopal Church and the Presbyterian Church (USA). According to the 2019 Pew Research Center Survey, 66% of white mainline Protestants are in favour of same-sex marriages and a similar share of Catholics (61%) are as well. There have also been many instances of religion supporting the community in past few years. In May 2021, German Catholics offered blessings to same-sex couples in 100 different churches in the country, openly defying the ‘Congregation for the Doctrine of the Faith’ which said that the Catholic clergy cannot bless same-sex couples as God will not and cannot bless sin. More than 230 German theologians signed a statement expressing their stance against the Vatican’s pronouncement. Recently, Catholic parishes in New York have also taken efforts to build gay-friendly Catholicism. In addition, Rev. Dawn Bennet, Nashville’s first queer Lutheran pastor was ordained in 2021 and preached against antiLGBTQ hate in Tennessee. Revisiting the relationship between religious freedom and the LGBTQ+ community, the author would like to conclusively state that religion can most definitely complement the community and help them grow in a society that is weighed down by empty hatred.

Through this article, the author is not looking to validate the recent efforts taken by various religious groups but only contour how religion can help the community thrive substantially, even if the society and the government aren’t willing to accept and include the community in an express manner. When one delves deeper into this, one would be able to identify that people’s religious and spiritual experiences and beliefs manifest at an individual pace at cognitive, affective, physical and behavioural levels with the help of various studies. Religious fundamentalism has been noted to influence negative attitudes towards the community in the past and a study has even shown that the rejection of homosexuality by religion could be understood by authoritarianism and traditional beliefs of gender. But, one needs to place reliance on the strong influence that religious fundamentalism has and comprehend that religion has the potential to positively shape attitudes as well.

THE UGLY:

 A 2019 study by the Pew Research Center shows that about three-quarters of U.S. Catholics have opined that the society must be accepting of homosexuality and majority of Catholics in Western Europe are in favour of same-sex marriages, and yet, this has barely been reported. This poses the question: where does the problem lie?

To find the answer to that question, one will have to delve into the subtle role played by the media in deepening the hatred against the community. Relying on the findings of a recent study, the author would like to throw light on how the news media coverage of LGBTQ+ rights and religion often highlights only religiously identified sources that stand against the community and this is contrasting to the support expressed by religious Americans. It was identified that several national and local media outlets had focused on the anti-LGBTQ sources more than the proLGBTQ sources.

While our earlier understanding in this article was that religion can shape attitudes, it is crucial to take into account that media can too. News could accidentally warp our perception of reality and this isn’t always for the better. One of the potential reasons for the ways that news affects our perception is through the hack of negativity-bias, which means that, when things of equal intensity are presented to a person, the things which are of negative nature will have a greater impact on the psychological state of the person as opposed to neutral or positive things. For example, when the City Reporter, an online news media based in Russia decided the publish only good news for just a day considering all the negative information surrounding people, it lost two-thirds of its readers. Through these factual scenarios, one can comprehend to an extent, if not fully, that media has thrived on feeding negative information to the public and, subconsciously it is what the public have craved for as well.

CONCLUSION:

Change cannot be seen in a day, but it is only pragmatic to note that there has been change. As several people struggle with accepting change, media has only furthered this aversion. Admittedly, religious fundamentalism has dismissed of homosexuality through the years and promoted conversion therapies. But, it is time for change and several majority religious groups like Christians, Muslims and Hindus are beginning to comprehend that homosexuality is not a disease and traditional gender norms cannot be placed complete reliance on in the 21st Century. As lay men in the society, we read the news on hate crimes and oppositions against the community and develop a negative bias. As the efforts of several religious groups go unreported, more religious groups fail to stand up for the rights of the community, and as media focuses on how religious groups have not stood up for the community, the LGBTQ+ community develops a negative bias against them. The lack of awareness has always contributed to the perception against the community. Media outlets, being our source of information have the responsibility to report news in a manner that focuses on both the good and the bad, without leaving out information for their benefit. People need to be taught about digital literacy in order to find reliable sources and understand how clicking on news regarding hate crimes will only show you more content that adds to the bias against the community. Only when people start to understand that there has been change in the past few years and acceptance is not far away, will the hate crimes stop and the bias be eliminated, and only when news becomes more objective rather than emotional will things begin to look less bleak for the community as well as the entire society.

To find the answer to that question, one will have to delve into the subtle role played by the media in deepening the hatred against the community. Relying on the findings of a recent study, the author would like to throw light on how the news media coverage of LGBTQ+ rights and religion often highlights only religiously identified sources that stand against the community and this is contrasting to the support expressed by religious Americans. It was identified that several national and local media outlets had focused on the anti-LGBTQ sources more than the pro-LGBTQ sources.

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Policy & Politics

Offence of extortion not made out in absence of delivery of property: Chhattisgarh HC

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While clearing the air on when the case of extortion is made out, the Chhattisgarh High Court in a learned, laudable, landmark and latest judgment titled Shatrughan Singh Sahu v. State of Chhattisgarh & Ors. in WPCR No. 133 of 2017 that was reserved on July 27, 2021 and then finally pronounced on September 7, 2021 has held in no uncertain terms that to make out a case of ‘extortion’ punishable under Section 384 IPC, the prosecution must prove that on account of being put in fear of injury, the victim voluntarily delivered any particular property to the accused. It must be apprised here that the single Judge Bench of Justice Narendra Kumar Vyas of Chhattisgarh High Court said unequivocally that if there were no delivery of property, then the most essential ingredient for constituting the offence of ‘extortion’ would not be available. Justice Vyas also made it clear that if a person voluntarily delivers any property without any fear of injury, then also an offence of ‘extortion’ cannot be said to have been committed.

To start with, the single Judge Bench of Justice Narendra Kumar Vyas of Chhattisgarh High Court sets the ball rolling by first and foremost observing in para 1 that, “The petitioner, who is an Advocate by profession, has filed the present writ petition (cr.) challenging the registration of First Information Report against him under Sections 384 and 388 of IPC on the basis of complaint filed by respondent No.5 Kuleshwar Chandrakar before the Police Station Rudri in connection with Crime No. 106 of 2015 on 9-10-2015 and subsequently, the Police has submitted the final report before the learned Chief Judicial Magistrate, Dhamtari, now the case has been transferred to learned Judicial Magistrate First Class, Dhamtari, bearing Criminal Case No. 1405 of 2015 (State vs. Shatrughan Saho).”

As we see, the Bench then enunciates in para 2 that, “Brief facts, as projected by the petitioner in the present petition are that the Government of Chhattisgarh has enacted the Shakambhari (Nal-Jal) Scheme for benefit of agriculturists by granting subsidy. The beneficiary farmers applied for irrigation instrument in the Department of Agriculture. As per scheme, the State Government is giving them instrument and subsidy after following certain procedure. The Rural Agricultural Extension Officer, Village and Post Bhatgaon, Tahsil Kurud, District Dhamtari, Agricultural Development Officer, Village and Post Charmudiya, Tahsil Kurud, District Dhamtari, Agriculture Sub Divisional Officer, Collectorate Dhamtari, Deputy Director Agricultural Collectorate, Dhamtari and respondent No.5/complainant Kuleshwar Chandrakar and Roshan Chandrakar, Proprietor of Shri Ram Bore-wells have committed gross embezzlement at the time of granting subsidy to the concerned agriculturists, therefore, the petitioner made a complaint before the Collector, Dhamtari on 3-3-2015 and 24-4-2015 with regard to corruption done by them.”

To put things in perspective, the Bench then envisages in para 3 that, “On 18-3-2015 the petitioner made a complaint before the Superintendent of Police, Dhamtari for registration of FIR against the corrupt employee/officers. Again, the petitioner along with other person namely Naresh Kumar has also filed a complaint before the Superintendent of Police, Dhamtari stating that the persons involved in the embezzlement under the Shakambhari (Nal Jal) Scheme threatened them to cause death. But the respondent authorities i.e., Collector and Superintendent of Police, District Dhamtari and Director of Agriculture Department Raipur did not take any action against the corrupt persons including the respondent No.5.”

As it turned out, the Bench then observed in para 4 that, “The Superintendent of Police has directed Rudri Police Station to enquire into the matter. Though the statements of persons namely Manik Ram, Tomar Sahu, Abhimanyu and Devendra Kumar have been recorded and all have supported the case, still Police has not taken any action against the erring officials. Being aggrieved, the petitioner has filed complaint under Section 156(3) of Cr.P.C before the learned District and Sessions Court, Dhamtari for registration of offence under Prevention of Corruption Act. On 9-10-2015, the complainant Kuleshwar Chandrakar lodged FIR against the petitioner contending that the petitioner has demanded Rs.25,00,000/- by way of extortion. Police has registered the FIR without conducting any preliminary enquiry. Though the petitioner was present at his office along with other advocates on 9-10-2015, still he has been roped in crime number 106 of 2015 for committing alleged offence under Sections 384 and 388 of IPC.”

While continuing in the same vein, the Bench then brings out in para 5 that, “On 20-12-2015 the petitioner has submitted an application before the Police Station Rudri and prayed for an opportunity of defence and also submitted the representation on 24-12-2015 along with documents, but the same has not been considered. On 31-12-2015 when the petitioner was going to court, at that time four persons came in motorcycle and threatened the petitioner by pressing and compelled him to do compromise and withdraw the complaint. On 31-12-2015 the petitioner made a complaint before the Superintendent of Police, Dhamtari but no action has been taken. The Police on the strength of the FIR lodged by respondent No. 5, after investigation, registered the offence and final report has been submitted before the Chief Judicial Magistrate, Dhamtari. Now the case is transferred to the court of Judicial Magistrate First Class, Dhamtari and learned Magistrate registered the case bearing Criminal Case No. 1405 of 2015.”

Needless to say, the Bench then discloses in para 6 that, “On the above factual matrix of the case, the petitioner prayed for quashing of FIR registered against the petitioner in connection with Crime No. 106 of 2015 at Police Station Rudri, District Dhamtari for offence under Sections 384 and 388 of IPC.”

Truth be told, the Bench then unfolds in para 7 that, “This Court issued notice to the respondents and in pursuance of notice, respondent No.5 has entered his appearance and filed his return. The State counsel has also filed their return in which they have stated that on the basis of complaint made by the petitioner, an enquiry has been conducted by the Additional Collector & Inquiry Officer, Dhamtari has submitted his report on 28-11-2016 wherein charges levelled against respondent No.5 and other Government officials have been found false and baseless. It has also been stated that the petitioner being an Advocate indulged in making complaint with regard to corruption under the scheme of the State Government and requesting for registration of FIR. It is further contended that the petitioner made another complaint before the Superintendent of Police, District Dhamtari, regarding corruption being made in the Rajya Poshit Sukshma Sichai Yojna by one Roshan Chandrakar which was enquired into and upon enquiry no incriminating was found for taking cognizance and the complaint of the petitioner was found to be false and baseless and copy of the report has been forwarded by the Incharge of Police Station, Dhamtari to the Superintendent of Police, Dhamtari on 7-2- 2015. He would further submit that the charges leveled against respondent No.5 are false and baseless, therefore, the petition filed by the petitioner deserves to be dismissed by this court.”

Simply put, the Bench then states in para 8 that, “Complainant/respondent No.5 has also filed his return in which he denied the allegations made by the petitioner and would submit that as per material collected by the Investigating Officer case under Section 384 and 388 of IPC is made out. It has been further contended that the petitioner is a habitual complainer and blackmailing the people and he has filed a complaint against the Officer of the Agriculture Department alleging certain irregularities and thereafter vide letter dated 24-10-2015 has withdrawn the same which clearly shows the conduct of the petitioner itself. He would further submit that prima facie the allegations leveled against him are made out, therefore, the writ petition, at this juncture is not maintainable and is liable to be dismissed by this court.”

Furthermore, the Bench then remarked in para 9 that, “The petitioner has filed his rejoinder on 24-6-2021 and would submit that at the time of incident, the petitioner was in the court of Chief Judicial Magistrate to argue the criminal case and in this regard a copy of the order sheet thereof has also been annexed. He would further submit that he has been falsely implicated in this case as he was not present at the time of alleged incident, therefore, the story projected by the complainant is false, baseless and cannot be accepted at this juncture and would pray that the petition filed by him be allowed and the criminal proceeding be quashed. In support of his arguments, he has relied upon the judgments rendered by Hon’ble Supreme Court in State of Haryana vs Bhajanlal reported in 1992 Suppl. (1) SCC 335.”

Significantly, the Bench then states in para 15 that, “Learned counsel for the petitioner would submit that from perusal of the FIR it is nowhere reflected that on extortion made by the petitioner, complainant/respondent No.5 has delivered any valuable property to the petitioner, as such, he has not committed offence under Section 384 of IPC. Even from perusal of the final report, it is clear that the documents submitted by the investigating agency regarding statements of the witnesses, none of the witnesses has stated that on extortion made by the petitioner by demanding Rs.25,00,000/- from respondent No.5. The respondent No. 5 has given Rs.25,00,000/- to the petitioner, as such, there is no ingredient of offence under Section 384 of IPC is made out.”

Of course, the Bench then points out in para 16 that, “It would be evident from the reading of Section 383 of the IPC that the ingredients of ‘extortion’ are; (i) the accused must put any person in fear of injury to that person or any other person; (ii) the putting of a person in such fear must be intentional; (iii) the accused must thereby induce the person so put in fear to deliver to any person any property, valuable security or anything signed or sealed which may be converted into a valuable security; (iv) such inducement must be done dishonestly. The terms ‘dishonestly’, ‘illegally’ and ‘injury’ used in “Section 383 of the IPC” and in “Sections 24, 43 and 44 of the IPC” respectively. On a careful consideration of the above definitions and ingredients what appears is that if someone puts the others intentionally in fear to any injury and thereby, dishonestly induces that person who has been put into fear to deliver to the person any property or valuable security or anything signed or sealed or which may be converted into valuable security shall be liable to be punished for ‘extortion’.”

Most significantly, what forms the cornerstone of this brief, brilliant and balanced judgment is then stated in para 17 wherein it is put forth that, “Thus, what is necessary for constituting an offence of ‘extortion’ is that the prosecution must prove that on account of being put in fear of injury, the victim was voluntarily delivered any particular property to the man putting him into fear. If there was no delivery of property, then the most important ingredient for constituting the offence of ‘extortion’ would not be available. Further, if a person voluntarily delivers any property without there being any fear of injury, an offence of ‘extortion’ cannot be said to have been committed.”

While citing the relevant case law, the Bench then stipulates in para 18 that, “Hon’ble Supreme Court in R.S. Nayak vs. A.N. Antulay and another, reported in (1986) 2 SCC 716, has held in para 60 and relevant portion thereof is extracted as under:

“60. Before a person can be said to put any person to fear of any injury to that person, it must appear that he has held out some threat to do or omit to do what he is legally bound to do in future. If all that a man does is to promise to do a thing which he is not legally bound to do and says that if money is not paid to him he would not do that thing, such act would not amount to an offence of extortion. We agree with this view which has been indicated in Habibul Razak v. King Emperor, A.I.R. 1924 All 197. There is no evidence at all in this case that the managements of the sugar cooperatives had been put in any fear and the contributions had been paid in response to threats. Merely because the respondent was Chief Minister at the relevant time and the sugar co-operatives had some of their grievances pending consideration before the Government and pressure was brought about to make the donations promising consideration of such grievances, possibly by way of reciprocity, we do not think the appellant is justified in his contention that the ingredients of the offence of extortion have been made out.

The evidence led by the prosecution falls short of the requirements of law in regard to the alleged offence of extortion. We see, therefore, no justification in the claim of Mr. Jethmalani that a charge for the offence of extortion should have been framed”.”

Be it noted, the Bench then observes in para 21 that, “From perusal of the aforesaid judgment, it is apparent that the alleged offence under Section 384 of IPC has been quashed on the ground that no valuable assets have been delivered because of extortion, threaten, pressure created by the accused. In the present case also respondent No.5 has not delivered any valuable assets to the petitioner, therefore, the judgment referred to by respondent No.5 also support the contention of the petitioner and in that case also Madhya Pradesh High Court held that offence under Section 384 of IPC is not made out. Therefore, the judgments cited by learned counsel for respondent No.5 are distinguishable from the facts of the present case.”

Quite forthrightly, the Bench then holds in para 22 that, “From bare perusal of the FIR it can be very visualized that if we take the face value of the allegation made in the complaint, then also it can be very well seen that no offence under Section 388 of IPC is made out as respondent No.5 in his complaint has nowhere stated that on the basis of extortion made by the petitioner, respondent No.5 was put in fear of an accusation by the petitioner or he committed or attempted to commit any offence punishable with death and has delivered any valuable assets to the petitioner. When prima facie provisions of Section 383 of IPC is not made out, then the offence under Section 388 of IPC cannot be made out, because unless and until the ingredient of extortion is established, then only the alleged offence, prima facie, is said to have been committed by the petitioner. Since the ingredients of Sections 383 of IPC are not made out, the ingredient of Section 388 of IPC cannot be, prima facie, established, therefore, registration of FIR, prima facie, is nothing, but an abuse of process of law.”

To put it succinctly, the Bench then hastens to add in para 26 that, “From bare perusal of FIR it is crystal clear that no case of extortion is made out, therefore, offence under Sections 384 and 388 of IPC against the petitioner is not made out. The proceeding initiated by the complainant is nothing, but an abuse of process of law and on this count alone this court is quashing the FIR, therefore, no other ground is required to be dealt by this court.”

It is worth noting that the Bench then holds in para 27 that, “In view of above legal provisions, considering the facts of the case and from perusal of FIR, prima facie, no case is made out against the petitioner and criminal proceedings is manifestly attended against the petitioner with malafide, therefore, initiation of criminal proceeding is nothing, but an abuse of process of law.. Considering overall the facts and circumstances of the case, I am of the view that the petitioner has made out strong case for quashing of FIR. Accordingly, FIR No. 106 of 2015 registered at Police Station – Dhamtari on 9-10-2015 for alleged offence said to have been committed under Section 384 and 388 of IPC is quashed. Consequently, the criminal proceeding pending before the Judicial Magistrate First Class, Dhamtari is also quashed.”

As a corollary, the Bench then holds in para 28 that, “Accordingly, the instant petition is allowed. No order as to costs.”

Finally, the Bench then holds in para 29 that, “A copy of this order be sent to learned Judicial Magistrate First Class, for closure of the proceedings.”

All said and done, the inescapable conclusion that can be drawn from this noteworthy judgment is that the offence of extortion is not made out in absence of delivery of property. It is a no-brainer that the property has to be delivered in order to prima facie make a case of offence of extortion. It is also made amply clear that the victim too must be put in fear of injury before he/she delivers the property. To put it differently, if there is no fear of injury and property is still delivered then the offence of extortion cannot be prima facie said to be made out!

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Policy & Politics

Scope of the application of doctrine of identification to company law in India

In H.L. Bolton Company v. T.J. Graham & Sons, Lord Denning explained the position and
said that the company could in many terms be equated with a human body. They do have a
brain and a nervous centre which controls the entire body. They have people as their hands
and legs, under instructions of whom work of the nervous centre is carried out.

Vijpreet Pal

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INTRODUCTION

The concept of Doctrine of Identification finds its roots in the English Law. The growth of this doctrine has helped in the implication and prosecution of the criminal activities of directors/ managers of many companies. The corporate personality of a company is different and separate from the promoters, directors or owners of the company. This is a widely known principle in law and has its source in the celebrated case of Solomon v. Solomon. In this case, the Court held that the corporate entity is different from the people who are in the business of running of the company. The misuse of this principle led to “Lifting of the Corporate Veil” wherein the shareholders or creditors of the company are protected if the company is engaged in any fraud or other criminal activities.

A corporate entity can sue and be sued in its own individual name. In criminal cases, the company can be prosecuted against but it is quite ineffectual as the company cannot be punished with imprisonment or death. The only punishment that can be levied on the company is by way of fine, which at times is quite minimalistic. The question then raised is whether a company can ever be prosecuted for criminal offences and be punished with more than just a monetary fine.

EVOLUTION OF THE DOCTRINE OF IDENTIFICATION

The 1940s saw the emergence of a new mechanism to impute criminal liability to Corporations in the form of the “identification principle.” Until the 1940s, the courts stuck firmly to the view that it was inappropriate to bring a prosecution against a Company for common law offences requiring proof of a subjective mental element. However, through the 1940s it was observed in a variety of cases that a Company is capable of being malicious, can intend to deceive and can conspire.

First, was the case of DPP v. Kent and Sussex Contractors, in which the Company was charged under the Defence (General) Regulations, 1939 of making use of a document which was false in a material particular and making a statement which they knew to be false in a material particular, with an ‘intent to deceive.’ The Company was made liable.

Next, was the case of R v. ICR Haulage Ltd., in which the Company was charged and found guilty for ‘conspiring to defraud’ and thirdly, was the case of Moore v. Bresler, in which the Company faced charges for embezzlement and tax evasion under the Finance Act No. 2, 1940.

Among the three, the most important was the case of R v. ICR Haulage, since it was the only case among the three to deal with a nonstatutory offence.

In H.L. Bolton Company v. T.J. Graham & Sons, Lord Denning as explained the position and said that the company could in many terms be equated with a human body. They do have a brain and a nervous centre which controls the entire body. They have people as their hands and legs, under instructions of whom work of the nervous centre is carried out. Lord Denning equated the brain and nervous system to the directors and managers who represent the directing will of the company. He held that:

“The state of mind of these managers is the state of mind of the company and is treated by law as such. So also in the criminal law, in cases where the law requires a guilty mind as a condition of a criminal offence, the guilty mind of the directors or the managers will render the company themselves guilty.”

 In the celebrated case of Tesco Supermarkets Ltd. v. Nattrass, the Appellant was marketing a packet of washing powder at a price lower than the market price, but the Defendant did not find the packet of washing powder at the reduced price, as advertised. The Defendant therefore filed a complaint under the Trade Descriptions Act, 1968. One Mr. Clemant of the Appellant was in charge of the packets with the reduced price being displayed in the store. Lord Reid discussed the law relating mens rea and the importance of the same in criminal law.

“A living person has a mind which can have knowledge or intention or be negligent and he has hands to carry out his intentions. A corporation has none of these: it must act through living persons, though not always one or the same person. Then the person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company. There is no question of the company being vicariously liable. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company. It must be a question of law whether, once the facts have been ascertained, a person in doing particular things is to be regarded as the company or merely as the company’s servant or agent. In that case any liability of the company can only be a statutory or vicarious liability”

Lord Reid also discussed which people can be ‘identified’ with the company. He stated that the main considerations are the relative position he holds in the company and the extent of control he exercises over its operations or a section of it without effective superior control. In this case, it was held that the shop manager could not be identified with the company.

In Meriden Global Funds Management Asia Ltd. V. Securities Commissioner, Lord Hoffman discussed the principle of identification and stated that if an employee had be considered the ‘directing mind and will’ of the company, the employee should have the authority to act as he did. In the same case, the Court in its obiter stated that conviction of a smaller company is easier (on application of this principle) because the relationship between the culprit and the company can be identified with more ease and certainty. That is not the case in larger companies.

 In Lennard’s Carrying Co. v. Asiatic Petroleum Co., Viscount Haldane propounded the “alter ego” theory and distinguished that from vicarious liability. The House of Lords stated that the default of the managing director who is the “directing mind and will” of the company, could be attributed to him and he be held for the wrongdoings of the company. It was famously stated that:

“a corporation is an abstraction. It has no mind of its own any more than a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes maybe called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation.”

There was a different view taken in Tesco Stores Ltd. V. Brent London Borough Council wherein a store clerk sold a over -18 video to an underage customer. The Court noted that Doctrine of Identification could not be applied here and the company was hence not liable. The reason for this decision was that in a large company, the senior management could not be expected to know each and every customer and whether the customer was a minor or not. In that event to locate a person for this knowledge was hence impossible and the doctrine of identification was hence inapplicable in this case.

 Again in R v. Redfern & Dunlop Ltd. (Aircraft Division), the Court held that where the employees who were not in the decision making level could not be ‘identifiable’ with the company and therefore were not deemed to be the controlling mind of the company. The question that comes up is that if a person at a lower level commits a crime in the name of the company, the company cannot be held liable for the same. This may pose to be a problem in the sense that the company may make a division between the senior management and the employees to avoid criminal proceedings against them.

SCOPE IN INDIA

We are also going to examine the growth and importance of the Doctrine of Identification in Indian Law during the recent years. The most recent judgment of the Supreme Court in the Reliance Natural Resources Limited v. Reliance Industries Limited, discusses the Doctrine of Identification. This case is a dispute over two brothers namely Mukesh Ambani led RIL and Anil Ambani led RNRL. After the death of their father Mr. Dhirubhai Ambani, the entire Ambani Group of Companies was divided between the two brothers. An arrangement was reached between the parties, with their mother as the mediator. Mukesh Ambani had in this family arrangement, made certain concessions on behalf of the RIL, which RNRL had sought to rely upon in the present case.

The Bombay High Court in its judgment held that Mukesh Ambani being the majority shareholder of the company was hence the ¨controlling mind and will¨ of the company. The observation of the judges was that in the Identification Doctrine, the company was “identified with such key personnel through whom it works”. These “key personnel” were described to be the alter ego of the company and their actions were deemed to be the actions of the company itself.

The Supreme Court overruled the judgment of the Bombay High Court in respect of the Identification Doctrine. It observed that the family arrangement was between three parties namely the mother and the 2 sons.

The legal entity of the company was different than the individual entity and in the present case, the company having more than a million shareholders, one person could not be said to have had the knowledge with respect to the company, which knowledge he had in his personal capacity. The court discarded this doctrine on the fact that the facts of the case did not fall into their preview.

The other Indian cases where the Courts have followed the doctrine of identification are Union of India v. United India Insurance Co. Ltd. and others and Assistant Commissioner, Assessment –II, Bangalore and others v. Velliappa Textiles Ltd. & Ors.

 The first case was about an accident that occurred at an unmanned level railway crossing in Kerala when a hired vehicle was hit by a train passing through and passengers were injured and the driver was also killed. Claims were made by the injured and the relatives of the deceased and after many appeals, the case reached the Supreme Court. The question in that scenario was whether the passengers were to be held liable as the driver who was negligent was appointed or retained by them. The court discussed the principle of identification or imputation, in the present case whether the defendant can plead contributory negligence of the plaintiff or of an employee of the plaintiff where the employee is acting in the course of his business.

In the second case, the question was whether in the case of criminal misdemeanors, the employees can be charged with imprisonment or is the company is liable for fine and/or imprisonment. The Court held that the director / mangers of the company, who are the directing will and mind of the company, should be held liable. The case of U.S. Supreme Court in New York Central & Hudson River Railroad Company v. United States stated that.

 “It is true that there are some crimes which, in their nature, cannot be committed by corporation. But there is a class of offences, of which rebating under the Federal statutes is one, wherein the crime consists in purposely doing the things prohibited by statute. In that class of crimes we see no good reason why corporations may not be held responsible for and charged with the knowledge and purposes of their agents, acting within the authority conferred on them. If it were not so, many offences might go unpunished and acts be committed in violation of law where, as in the present case, the statute required all persons, corporate and private, to refrain from certain practices, forbidden in the interest of public policy.”

CONCLUSION

The directors/ managers try to avoid the penalty by taking the defense that the company being a separate legal entity, should be prosecuted separately. The problem that arises in particularly criminal cases is that, the punishment for the crimes are fine and / or imprisonment. If the offender is a company, only a monetary penalty can be imposed. This led to more offences being committed on the name of the company by the directors/ managers, who are protected under the “separate legal entity” theory.

By this doctrine of identification, those offenders are being held liable for the acts committed by the company. The main objective of the doctrine is to punish the people who are actually committing the crime who are the brain and mind of the company through which the crime is being committed.

The Bombay High Court in its judgment held that Mukesh Ambani being the majority shareholder of the company was hence the ¨controlling mind and will¨ of the company. The observation of the judges was that in the Identification Doctrine, the company was “identified with such key personnel through whom it works”. These “key personnel” were described to be the alter ego of the company and their actions were deemed to be the actions of the company itself

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Policy & Politics

MAKING IT HAPPEN: LEND A HAND INDIA

Anil Swarup

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I was on an official visit to Pune as Secretary, School Education, Government of India during 2017. Raj Gilda, co-founder of Lend A Hand India had been after me for a while to visit one of the schools run by the organization to impart vocational education to high school students. Despite wanting to, I had not been able to squeeze time out of hectic schedule. When he got to know about my visit to Pune, he once again approached me. Impressed by his perseverance and persistence, I decided to visit the school on the way to the airport as I was returning to Delhi. What I saw was an amazing demonstration of dedicated work.

Journey of Lend A Hand India (LAHI) began when the co-founders, Sunanda Mane and Raj Gilda visited Vigyan Ashram, an NGO running 1 year full time residential skill development program for rural youth in 1995. Ten years later, while they had settled in New York, they thought of ‘giving back’ and work for the cause of education back in India. They believed that real life vocational education could naturally complement existing educational curriculum and provide students with a more hands on experience. In partnership with Vigyan Ashram, they launched the multi skill vocational education program in 100 secondary schools with the consent of Maharashtra Government. The program was evaluated by Tata Trust in 2011 and demonstrated significant impact. This led Sunanda and Raj to quit their full time jobs in New York with UN and Citibank respectively and focus full time on LAHI.

The flagship program supported by LAHI, “Multi Skill Foundation Course” complements the existing secondary school curriculum of Grade 9 and 10 with skill education to help the students learn better. It provides students with practical focused hands-on experience in skills such as health and hygiene, food processing, gardening, electrical wiring, woodwork etc. Without any gender bias, boys learn cooking and girls learn electrical wiring. Students curiously undertake minor installations such as electric bell, repair of a bench, growing vegetables and selling in market, or helping at home to change fuse wire or fix a mixer. The course is now a 100 marks subject with the state board exam and certification.

As LAHI was exploring scaling up strategies in 2013, they were introduced to Suvarna Kharat, Joint Secretary, Government of Maharashtra, who was then heading the state for scheme of “Vocationalisation of School Education” by Central Ministry of Education. With support from dynamic Secretary of Education, Ashwini Bhide who was later succeeded by another efficient IAS officer, Nandkumar and the guidance from an extremely supportive Joint Secretary, Ministry of Education, Radha Chauhan, LAHI began its journey of forming strong partnership with State Governments to implement and scale up vocational education in the State. Qualified staff was identified, trained and paid by LAHI. It worked side by side with the State Department of Education with strong focus on policy execution. LAHI team members were co-located and work with the government officials to prepare a long-term strategic roadmap, annual plans, and execute the policy. LAHI also set up demonstration model in government schools to showcase model school and the best practices. It is an ideal example of three-way, public-private partnership, where the nonprofit delivers technical and domain expertise, funded by philanthropic capital, and backed by policy making power of the State Governments. To retain the independence and avoid conflict of interest, the support is provided at no financial cost to the Government. LAHI’s partnership with the state of Maharashtra set an ideal example of how three pillars of our society (private, civil society and the government) can come together to achieve greater good.

Emergence of LAHI’s State partnership model coincided with regional workshops by the Central Government where many innovative models of public-private partnerships were showcased. With the support the Central Government, LAHI replicated the Maharashtra model in 24 states/UTs across India covering 10,000+ schools and 1 million plus students each year.

LAHI also partnered with the State of Maharashtra to get National Skills Qualification Framework (NSQF) compliance for “Multi Skill Foundation Course”. It also secured support from G P Upadhyay, a visionary IAS officer in the State of Sikkim. Many other states also joined in this path-breaking achievement wherein an innovative grassroots program was recognized by a National Body. Subsequent to recognition as NSQF Compliant, the Multi Skill Foundation Course is currently offered in 10 states.

Another important focus area, identified by LAHI’s decade long experience is ‘internships’ – hands on experience in real life situation. Starting 2017, LAHI has been focusing on ‘internship’ for Grade 11/12 students with small and micro enterprises in Pune during summer/winter vacation in partnership with Pune Municipal Corporation. Internship has now become part of the national policy. The initial results of the internship program have been extremely encouraging e.g. 76% employers were willing to hire the students who had completed internships, 82% of the parents say that they would have no problems in allowing their daughters to pursue a non-traditional careers, 90% students felt that internship helped them develop employability skills, and 88% students felt that it helped them make informed career choices.

Ultimately, LAHI hopes to remove the age old misconception about vocational education that it is for economically weaker class, or only for those who are not good in studies. A strong believer in Gandhiji’s philosophy of “Buniyaadi Shala” and “Nayi Taalim”, LAHI hopes to restore dignity of labor by introducing the young minds to “learning by doing”.

It has launched a program to revive three Buniyaadi Schools in West Champaran District in Bihar started by Gandhiji as a homage to him during the 150th birth anniversary year.

LAHI has demonstrated that despite challenging set of circumstances, appropriate and meaningful vocational training can be imparted. They made it happen. NEP2020 has placed huge emphasis on vocational education with the aim to introduce vocational education in 50% of the schools by 2025. LAHI can contribute to bring this policy objective to reality in the years to come.

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Policy & Politics

FORGIVENESS HAS POWER TO MAKE WORLD A PARADISE

Jain principles and philosophy are a wonderful amalgamation of nature, science and humanity

Vijay Darda

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I consider myself fortunate that I have got an opportunity to be associated with religious scholars and knowledgeable persons from different religions. From the early days of my life, I have been curious about knowing and understanding religion. Spiritual values imbibed in me by my grandmother, Bai (mother), father and my life partner Jyotsna made me open to accept the teachings of all religions. It did not even occur to me to criticise any religion. Festivals of different religions make me joyous and I strongly believe that this diversity makes India different from other nations in the world.

Religion is not an outer covering but is a medium to awaken your inner soul. You follow any religion, they all show you the right path. There is no place for hatred in the religion but unfortunately today bloodbath is being witnessed in the name of the religion. The cruelty in the name of the religion upsets me and I always think when will this environment change. Will it ever change? If yes, what will be the way of change? I can see this path in the teachings of Bhagwan Mahavir Swami. I would like to make it clear that I do not want to assert the supremacy of Jain religion. I feel that for every individual his/her religion is supreme and that should be so.

However, if there are principles in other religions or beliefs that can make life better, there is no harm in accepting them. In my personal life, I have learnt a lot from other religions apart from Jainism and I also follow these teachings. All religious books and symbols are available at my Pooja place.

I am discussing the Jain way of life and philosophy here because there are principles in this religion which can show us the new way. I would first like to speak about Kshama (forgiveness). Of course, it’s not as easy as saying or writing it. So, it has been aptly written in the Jain philosophy – Kshama Veerasya Bhushanam. Only the one who is strong and brave can learn the art of forgiveness. There is a need of inner strength to seek forgiveness from somebody and even more power is required to forgive somebody. When we speak of forgiveness, it includes developing capacity to not only forgive others but to forgive self too.

In fact, the Jain philosophy speaks about going beyond human life and seeking forgiveness from the entire living beings in the universe. The teaching here is clear, we are committed to maintain in its originality this Earth, sky and the unknown other world that nature has gifted us with. In fact, this is the teaching of every religion.

This is why it is essential that every individual wears the ornament of forgiveness. For this, one will have to modify oneself. One needs to attain that purity of soul wherein even the thought of harming somebody does not arise in the mind. Jain philosophy teaches us that even thinking of harming somebody is an act of violence. It is obvious then that when we develop the capacity to imbibe forgiveness at this spiritual level, the thought of non-violence will occur naturally to us.

Non-violence is in fact the highest moral virtue. This concept of forgiveness and non-violence is the basis of Jain philosophy. Sadly, in today’s world maximum violence is being carried out in the name of religion. Throats of each other are being slit. Merchants of religion are brandishing the weapon of greatness of their religion. The horrific and cruel hand of terrorism is looking to take the entire humanity in its clutches.

I feel that the non-violence has the strength to fight even this draconian hand of terrorism. I am not dwelling on some theoretical aspect. Our freedom struggle has been witness to the power of non-violence. The empire on which Sun never set was ousted by Mahatma Gandhi with the power of truth and non-violence. Jain philosophy has taught us this lesson of truth and non-violence ceaselessly for the last thousands of years.

If forgiveness, truth and non-violence are in our life, renunciation will become part of our life naturally. Greed will never occur if we desire only for what is essential for life. This will make the path of our life easy. Right philosophy (Samyak Darshan), right knowledge (Samyak Dnyan) and right character (Samyak Charitra) will become part of our life.

Jain philosophy teaches us pluralism that is the ability to understand others. Today, all feel that they are right but actually till you understand the point of view of others, you cannot do justice to yourself too. Can a trader’s business be successful if he cannot understand the perspective of his customer? Similarly, if everybody begins to understand each other’s point of view, there will be no conflict.

When there will be no conflict, there will be no war. If looked at from a broader perspective, the entire humankind will be able to live in peace and harmony. We will be able to create a world where there will be no need of hoarding arms. The money we are spending on arms can be spent on education and health of the masses.

This may sound a hollow thought now but during its journey mankind has done what it has resolved to do. The man has reached the Moon. Technology has developed a lot. If the man resolves to make forgiveness as his ornament, no power in the world can stop him. We will then, in true sense, be able to say Vasudhaiva Kutumbakam (The whole world is a family).

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha.

We have just celebrated Paryushan Parva and sought forgiveness from each other. Just imagine what the world would look like if everyone acquired the ability to forgive and seek forgiveness! Then the world will be even better than the paradise of our imagination. Non-violence too is also born out of forgiveness.

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Policy & Politics

GENDER JUSTICE AND INDIAN SOCIETY: AN ANALYSIS

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ABSTRACT

When we discuss about this topic, there is usually a debate between menand women. Gender equality is a systemic redistribution of power, opportunities and access for people of all genders through the dismantling of harmful structures such as patriarchy, homophobia and transphobia. Terms such as racial justice and climate justice imply an intersectional approach that focuses on the needs, experiences and leadership skills of those most severely affected by discrimination and oppression. Human dignity is the highest attribute of society. Everyonestrives at the end of the day.

The Constitution of India also states that all citizens, regardless of caste/ creed / race / origin, should not be deprived of their human dignity.Gender equality is fundamental to sustainable and globally accepted development as a necessity for the promotion of human rights.

Gender inequality refers to the inequality of treatment of the perceptionof the individual. The status of women is the basis of society’s progress and is fundamental to human development. In India the birth of a girl is still not welcomed. Discrimination continues unabated, whether in the areas of survival, health, education, employment or any other broader perspective of social life.

OBJECTIVE

Are we still relying on old beliefs and traditions, or is there a modern perspective on gender?

Let us understand the above using 3 examples:

A) Case of the Sabrimala Temple in Kerala: The Sabarimala Temple is a Shasta temple in Sabarimala in the Pathanamthitta District, Kerala, India. According to the “Memory of the Uprising of the States of Travancore and Cochin”, published in two volumes by the Madras government in the 19th century, women of menstrual age were denied entry to the Sabarimala Temple, even if this was prohibited out of respect for the celibate nature consists of the deity (underage youthful man) in this temple.

B) Women in Business: From cradle to grave, women are exposed to numerous evils including discrimination, oppression, violence in the family, at work and in society.

C) Armed Forces: The debates about women in the Indian armed forces are quite noticeable as the stories of women wearing armour are not only an integral part of Indian mythology, but also part of the real life history of India before independence.

SABRIMALA TEMPLE

The Sabarimala Temple, thought about the homestead of Lord Ayyappa, Kerala. It restricted the passage of ladies in their ‘bleeding years’ (between the ages of 10 to 50), in light of the fact that it is a position of love. In 2006, Indian Young Lawyers Association recorded a public interest litigation request under the watchful eye of the Supreme Court testing the Sabrimala Temple’s custom of barring ladies. The Association contended that the custom disregards the rights to equity under Article 14 and opportunity of religion under Article 25 of female admirers. The State fought that the Temple’s clerics have the last expert in this matter,  The Travancore Devaswom Board has the lawful position to deal with the Sabarimala Temple’s organization. Article 26 of the Constitution, guarantees a religious denomination the right to manage its own internal religious affairs. Besides, the Sabarimala exceptionally was secured by Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 (“Public Worship Rules”). The standard permitted the prohibition of ladies from public spots of love, if the rejection depended on ‘custom’. 

In 1991, the rejection had been tested under the steady gaze of the Kerala High Court in S. Mahendran v. The Secretary, Travancore. The Court decided that the rejection was sacred and supported, as it was a long-standing custom winning since days of yore. 

On 18th August 2006, the Supreme Court gave notification to the gatherings. On 7th  March 2008, the matter was alluded to a three-judge Bench. It came up for hearing seven years after the fact, on 11th January 2016. On 20th  February 2017, the Court communicated its tendency to allude the case to a Constitution Bench. At last on 13th  October 2017, a Bench including Chief Justice Dipak Misra, Justice R. Banumathi, and Justice Ashok Bhushan requested a Constitution Bench to condemn the case. On 28th September 2018, the Constitution Bench conveyed its judgment. 

In a 4:1 lion’s share, the court decided that Sabarimala’s prohibition of ladies abused the central privileges of ladies between the ages of 10-50 years and Rule 3(b) of the Public Worship Rules was unlawful. Justice Indu Malhotra conveying a contradicting assessment saw that in a mainstream nation, it was not for the Courts to meddle in issue of religion and the equivalent should be left to those rehearsing the religion. In excess of 50 survey petitions were in this manner documented by different associations including the National Ayyappa Devotees (Women’s) Association, the Nair Service Society, and the All Kerala Brahmin’s Association. The review petitions will be discarded after the Court initially chooses certain general established inquiries with respect to the transaction between the central rights to fairness and opportunity of religion.

CORPORATE SECTOR

Ladies are denied of monetary assets and are reliant upon men for their living. Work of ladies is regularly limited to homegrown circle, she is relied upon to do all the house hold tasks, which go unnoticed generally and is neglected. In present day times numerous ladies are coming out to work however need to bear double the responsibility. Additionally, she is last to be thought of and first to be terminated as she is viewed as less profitable than her partner. 

Mechanical advancement in agribusiness and the shift from means to a market economy contrarily affects ladies, removing them off work as numerous ladies are less talented and need skills and education. Child Labour among young ladies and inconsistent wages for ladies for equal work is normal. Working ladies in all portions of society face different types of segregation. 

Aside from these laws there are a few authorizations relating to industry or work which contain unique arrangements for ladies, for example: The Workmen Compensation Act, 1923; Payment of Wages Act, 1936; Factories Act, 1948; Maternity Benefit Act, 1961; Minimum Wages Act, 1948; Employees State Insurance Act 1948 and Pensions Act, 1987; and so on.

In Mrs. Neera Mathur versus Life coverage Corporation of India [1992 AIR 392: 1992 SCC (1) 286

Neera Mathur was a probationer in the Life Insurance Corporation (LIC). During probation she applied and was granted maternity leave. She was simply discharged from service after she returned. Her discharge was defended by the LIC on the ground that she had given false declaration at the stage of entering the service. The court held that ‘the particulars to be furnished under columns (iii) to (viii) in the declaration are indeed embarrassing if not humiliating.’ These columns were held unreasonable and discharge was set aside

ARMED FORCES

Shockingly, notwithstanding the numerous occasions of bravery displayed by Indian ladies in the days going before the nation’s autonomy, the constitution of free India officially disallowed them from participating in the Indian military. The Army Act of 1950, the Air Force Act of 1950 and the Navy Act of 1957 specified that ladies were not qualified for enrolment to the powers, and that any deviation from this standard could just happen through exceptional notice. 

On 17 February, the Supreme Court ensured ladies in the Armed Forces (AF) – specifically, the Army – the privilege to perpetual commission (PC) in The Secretary, Ministry of Defence v. Babita Puniya (from now on ‘Puniya’). Maintaining a 2010 Delhi High Court judgment, the Court held that the State ought to give equivalent freedoms to both ladies and men for deep rooted administration in the Army (excluding from battle jobs). In conveying the judgment, the Court has considerably extended the privilege to balance of female Army officials and further established the possibility that ‘sex’ isn’t just an organic class. The judgment builds up that strategies administering AF individuals can be tried against the non-separation arrangements under Articles 15(1) and 16(1). Typically, arrangements overseeing individuals from the AF appreciate relative resistance under Article 33of the Constitution from principal rights difficulties. Article 33 permits Parliament to draft laws that confine the crucial privileges of AF individuals to guarantee ‘the legitimate release of their obligations and the support of control among them’. Inquisitively, in Puniya, the arrangements under audit didn’t mean to limit ladies’ balance of chance, yet rather the inverse. The Union’s 25 February 2019 roundabout was an immediate consequence of the Delhi High Court’s judgment and expressly conceded female Army officials the privilege to PC. Given this, the Supreme Court held that the round could be tried against the non-separation arrangements in the Constitution. The Court upheld the circular but (subject to certain condition) but nevertheless used the judgement as an opportunity to observe that the Indian Army continues to perpetuate the stereotype that sex determines entitlements. 

The underlying warning of AIR FORCE COMMON ADMISSION TEST (AFCAT) for Feb 2021, it obviously showed that 70 opportunities for Ground Duty-Non-specialized branch and not so much as one was available to ladies. Subsequent to bringing up questions and criticisms, at last IAF chose to permit ladies to apply for the previously mentioned branches. In the Indian Army when one composes the Combined Defence Services Examination wherein 4 institutes come under it, ladies are considered for just one out the four which is the Officer’s Training Academy (OTA), the other 3 being: IMA, INA, AFA-each one of them male dominated. OTA has openings for both and it’s interesting how there are 170 opportunities for men yet just 17 (10%) for ladies. Since ladies have reached the court, each year opportunity for ladies will go down in light of the fact that clearly, they are not equipped for performing various tasks. They aren’t permitted on ships, battle jobs, infantry.

PROBLEMS

In India, the disposition of victimization people has existed for ages and this influences the existences of both the sexes. Despite the fact that the Constitution of India has given equivalent rights to the two people, sex uniqueness remains. Ladies are seen to be burdened busy working. 

The previously mentioned models express the accompanying issues looked by the female workforce in any specialized topic: 

•According to the insights from the UN, women comprise half of the World Population, complete 66% of the work, get 10% of the all-out pay and own 1% of the all-out resources. The present circumstance is a lot of more awful in India. 

•Women are regularly expected to change their positions according to the necessities of their accomplices or family. Crafted by ladies inside the family goes unseen as its considered their obligation to do family tasks when office work. 

•In terms of level isolation, ladies are packed in low-paying positions. “Equivalent work and inconsistent compensation” is still a typical practice. 

•Children growing up in this environment and seeing the differential job example of the man and lady become familiar with the exercises of sexual orientation imbalance directly from their youth and the example will undoubtedly proceed for ages. 

•Participation of ladies in the dynamic methodology inside their home, working environment or local area is minor, not in any event, coming to 25% of the absolute populace of ladies in India.

SOLUTIONS

€It is currently experimentally settled that ladies’ schooling is a solitary solution for 1,000 cultural ills.

€Increasing ladies’ voice in dynamic; full cooperation of ladies in the public eye, beginning from independence in the family, to voice in all political cycles at local area, public and global levels. 

€Quotas have been appeared to quickly expand female portrayal in corporate dynamic, just as governmental issues. 

€Special rules administering ladies’ regenerative work and pointed, regardless, at accomplishing equivalent working conditions for rustic people ought to likewise be set up. 

€Legislation ought to be passed qualifying homegrown laborers for a lowest pay permitted by law, government backed retirement and social administrations. 

€To guarantee that the rule of non-segregation is noticed, express arrangement ought to be made for fines as a punishment for negation of the guidelines and checking and review bodies ought to be set up to guarantee consistence. 

€The State should ensure ladies’ admittance to formal and casual schooling, specialized preparing and new advances. 

There are likewise various enactments that have explicit arrangements to address ladies and their inclinations in this manner giving a solid administrative premise to sex equity in India. These are: 

1.The Employees State Insurance (ESI) Act, 1948: The target of the Act is to accommodate certain advantages to representatives in the event of infection, maternity and work injury. 

2.The Maternity Benefit Act (MB Act), 1961: The 1961 Act was corrected by the Maternity Benefit (Amendment) Act, 2016, while the advantages of the ESI Act are accessible to guaranteed ladies procuring up to INR 21,000 every month, the MB Act applies to each lady utilized in processing plants, mines, shops, business foundations that utilize at least ten representatives. 

3.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Workplace lewd behaviour was first perceived by the Indian Legislature on account of Vishaka v. Territory of Rajasthan, in which the Supreme Court outlined certain rules, called the Vishaka Guidelines and gave headings to the Union of India to sanction a law for fighting inappropriate behaviour at working environments.

CONCLUSION

From the above clarified focuses we can see that female rights and instruction have been considered significant and as Michelle Obama appropriately said, “No nation can at any point genuinely thrive in the event that it smothers the capability of its ladies and denies itself of the commitments of half of its residents.” Young ladies ought to be instructed, recognized about their privileges, should be given open doors in various area of work power. Regardless of having such countless authorizations managing ladies issues yet the crimes against women are high. The segregation is still so predominant which is troublesome for the social climate. Except if the attitude of the general public is changed and an advanced methodology is taken towards insurance of rights and interest of ladies in the public arena they would be a survivor of unfairness. 

There must be arrangements and projects that accomplish equity and value among ladies and men. To see the adjustment of the world, we pursue shifts in four key regions—Men and Women’s awareness; Women’s admittance to and authority over assets; Formal foundations, laws, strategies, and designs; Informal social standards and exclusionary rehearses.

There must be arrangements and projects that accomplish equity and value among ladies and men. To see the adjustment of the world, we pursue shifts in four key regions—Men and Women’s awareness; Women’s admittance to and authority over assets; Formal foundations, laws, strategies, and designs; Informal social standards and exclusionary rehearses.

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