Sunday, December 1, 2013

The Chakma and Hajong Refugees

During the partition of India in 1947, the people of the Chittagong Hill Tracts (CHTs) under present-day Bangladesh, sought to be a part of India and even hoisted the Indian National Flag on their lands. However, the Bengal Boundary Commission headed by Redcliff awarded the CHTs to Pakistan although 98.5 percent of the population of the CHTs was non-Muslim. The then Pakistan Government took a serious view of the hoisting of the Indian flag by the Chakmas and embarked on a series of repressive measures. Unable to bear the atrocities and faced with displacement on account of the construction of the Kaptai Hydel Project about 30,000 Chakmas and Hajongs migrated to India in 1964. They were settled in Arunachal Pradesh after due consultation with the local leaders by the Central Government of India under a “Definite Plan of Rehabilitation”. The Government of India extended all possible kind of helps including financial aids, employment, trade, license, book grants etc for proper establishment of their shattered life.

Historical understanding of the Arunachal Pradesh State

The recent history and the administration of Arunachal Pradesh can be said to date back to 1838 when the British extended their administration to the frontiers which now form Arunachal Pradesh. The administration to this area under that regime failed to meet the desired result due to absence of good communication. It was only in 1914 that the British Government thought of treating these areas as a separate frontier tract to be administered somewhat differently from the rest of Assam. Consequently, the Assam Frontier Tracts Regulation, 1880 was extended to the North East Frontier Tracts and the Tracts were declared as “Excluded Areas” of Assam. They were administered by the Governor of Assam through the political officer in his discretion.

When the Constitution of India came into force in 1950, another change was effected in the administrative set up. The Government of Assam was relieved of its responsibility of looking after administration of the “Excluded Areas”. However, the discretionary power was vested in the Governor of Assam, who served as the agent of the President of the Republic of India. In 1954, all these tracts formed into the North East Frontier Agency (NEFA). On the enactment of North Eastern Area (Reorganization) Act 1971, NEFA was made Union Territory of Arunachal Pradesh on 21st January 1972. On 20th February 1987, Arunachal Pradesh was made a full fledged state within the Indian Union.

Wednesday, November 27, 2013

Anti-rape Bill(Nirbhaya Act)



The Bill provides for not only stringent punishment for rapists and repeat offenders but also makes maiden provisions of strict punishment for offences like stalking, voyeurism, disrobing and acid attacks.
The Bill, which replaced the old anti-rape Ordinance, provides for even capital punishment for rapist if the act causes death for victim or leave her in a permanent vegetative state. Repeat offenders may also get death penalty under the new law.
Unlike the Ordinance, the Bill keeps rape as a gender-specific crime where only a male can be booked for committing such offence. It, keeps the age of consent at 18 in sync with Ordinance.

Monday, November 25, 2013

Social media


Human beings by and large are social. They feel an inherent need to connect and expand their connections. There is a deep rooted need among humans to share.
In the past, due to geographical distances and economic concerns, connections between people were limited. A social network is made up of individuals that are connected to one another by a particular type of interdependency. It could be ideas, values, trade, anything. 
Social networks operate on many levels. Initially social networking happened at family functions where all relative and friends would conglomerate under one roof. 
Social networking has always been prevalent; it is just that in these times the face of social networking has changed. Where earlier the process was long drawn, involving a chain movement where in one person led to another through a web of social contacts, today the process is highly specialized. 
Communication has been instrumental to a large extent to the growth of social networking. With the advent of Internet and the cell phone a lot of social interaction is captured through email and instant messaging. 
Today there are a lot of online social networking sites where individuals volunteer information about themselves and their social networks. Social networking allows for like- minded people to interact with another. 
An online social networking site is a place where a user can create a profile and build a personal network that connects the user to other users. What used to be just a niche activity has today taken the proportions of a global phenomenon that engages tens of millions of Internet users.
Online social networks are ideal for exchanging ideas, views, and garnering public opinion; although, these are restricted to the users of the social network. Popular social networking sites, like YouTube, Face book, Orkut, and MySpace are changing the Internet scene. Another social networking programme is that used by a company called Amway. 
The company operates on the system of multi level marketing. Members make new members and get monetary benefits on the purchases made by down the line members. Members sell the company’s products through social networking. And the members of the company itself constitute a large network, which members use for other businesses as well. The Amway model has been so effective that it has been copied by several other businesses. 
Social networking sites have recorded phenomenal growth rates. These networks allow individuals to leverage the connections they establish within the social network to achieve a broader objective like job search, a real estate search, a holiday trip plan, political campaign, etc. 
A social network allows independent artists, music labels and video content owners to upload share and sell their content to a community of users with interests in the particular media. Users in turn benefit by being able to sample, hear, download and share songs with friends and other members. 
Social network groups like Orkut help people get in touch with people they have lost touch with. They also help people to stay in touch despite their geographical distances. Social networking is important as far as an individual’s personal and professional development is concerned. 
The social network sites have emerged as a powerful and effective means for people to not only link and get linked but to use these services as effectively as possible. It is important to understand the considerable downside that exists hand-in-hand with the remarkable upside of using social media. Some of such risks are
·  Reputational risks.

·  Security risks

·  The legal risks

·  Intellectual Property and Media Risks

·  Defamation risks

·  Privacy Risks

Violence against women



Various manifestations of violence against women are sexual violence, domestic violence, caste-based discrimination and violence, dowry related deaths, crimes in the name of honour, witch-hunting, sati, sexual harassment, violence against lesbian, bisexual, and transgender people, forced and/or early marriages, deprivation of access to water and basic sanitation, violence against women with disabilities, sexual and reproductive rights violations, sex selection practices, violence in custodial settings and violence in conflict situations, among others.
Violence against women and girls is functioning on a continuum that spans the life-cycle from the womb to the tomb. These manifestations are strongly linked to women’s social and economic situation, and the deeply entrenched norms of patriarchy and cultural practices linked to notions of male superiority and female inferiority. “The current focus by state actors on preserving the unity of the family is manifested in the welfare/social approach and not in the human rights based approach. It does not take into consideration the nature of relationships based on power and powerlessness; of economic and emotional dependency; and also the use of culture, tradition and religion as a defence for abusive behaviour”.
The Centre’s speedy response after the Delhi rape incident in the appointment of the late Justice Verma committee, but the new amendments did not fully reflect the Verma Committee’s recommendations. This was an opportunity was lost that could have addressed the de facto inequality and discrimination of women. “This development foreclosed the opportunity to establish a holistic and remedial framework which is underpinned by transformative norms and standards, including those relating to sexual and bodily integrity rights. Furthermore, the approach adopted fails to address the structural and root causes and consequences of violence against women”.
Though the Protection of Women from Domestic Violence Act is a positive development, one of the recurring complaints availed is the discrepancy between the provisions of the laws and its effective implementation. “Despite provisions intended to offer legal, social and financial assistance to victims, many women are unable to register their complaints. Furthermore, prevention of violence, as a core due diligence obligation of the State, does not feature in the implementation of this law”.
“The unfortunate reality is that the rights of many women in India continue to be violated, with impunity as the norm”.  Women experience violence not just in situations of conflict, post-conflict, and displacement but also in situations of peace. “The denial of constitutional rights in general, and the violation of the rights of equality, dignity, bodily integrity, life and access to justice in particular, were common in many cases,”
In relation to conflict- related sexual violence, it was crucial to acknowledge that violations are perpetrated by both state and non-state actors. The Armed Forces Special Powers Act (AFSPA) Act in Jammu and Kashmir and in North East has mostly resulted in impunity for human rights violations broadly. “It was clear that the interpretation and implementation of this act, is eroding fundamental rights and freedoms – including freedom of movement, association and peaceful assembly, safety and security, dignity and bodily integrity rights, for women, in Jammu & Kashmir and in the North-Eastern States.” it was unfortunate that peaceful and legitimate protests often elicited a military response.
The victimization of women from the Dalit, Adivasi, other Scheduled castes, tribal and indigenous minorities are also recognized. “Their reality is one where they exist at the bottom of the political, economic and social systems, and they experience some of the worst forms of discrimination and oppression – thereby perpetuating their socio-economic vulnerability across generations.” young women disappearing without a trace in NE India. The police was informed are generally apathetic and are likely to put the cause as elopement. However these disappearances could be linked to sexual abuse, exploitation or trafficking. “Generally tribal and indigenous women in the region are subjected to continued abuse, ill-treatment and acts of physical and sexual violence. They are denied access to healthcare and other necessary resources, due to the frequency of curfews and blockades imposed on citizens”.
Child marriages and dowry-related practices, sorcery, honour killings, witch-hunting of women, and communal violence perpetrated against cultural and religious minorities. “The implementation of (government) interventions is resulting in the policing of pregnancies through tracking/surveillance systems and is resulting in some cases in the denial of legal abortion rights, thereby violating the sexual and reproductive rights of women”.
Workplace violence:
The widespread sexual violence and harassment “Perpetuated in public spaces, in the family or in the workplace. There is a generalized sense of insecurity in public spaces/amenities/transport facilities in particular, and women are often victims of different forms of sexual harassment and assault.” the numerous violations faced by female domestic workers including sexual harassment by their employers. “Many of them, often migrant and unregistered women, work in servitude and even bondage, in frequently hostile environments; performing work that is undervalued, poorly regulated and low-paid,”
Conclusion:
The negative effect of personal status laws on the achievement of overall gender equality (CRC, CCPR, and CEDAW) was noted and such laws need to be reformed to ensure equality in law (CEDAW). Government has to ensure that all victims of domestic violence are able to benefit from the legislation on domestic violence. The Protection of Women from Domestic Violence Act and Section 498-A of the Indian Penal Code must be enforced effectively (CESCR).
The Armed Forces Special Powers Act (AFSPA), the Public Safety Act and the National Security Act should be repealed, as it perpetuates impunity, and is widely used against Human Rights Defenders.

The grave concern the culture of impunity for violations of the rights of Dalit women, the failure to properly register and investigate complaints of violations against scheduled castes and tribes, the high rate of acquittals, the low conviction rates, and the alarming backlog of cases related to such atrocities. The impact of mega-projects on the rights of women should be thoroughly studied, including their impact on tribal and rural communities, and safeguards instituted.
The government to expedite the proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 “with the incorporation of: sexual and gender-based crimes, including mass crimes against women perpetrated during communal violence; a comprehensive system of reparations for victims of such crimes; and gender-sensitive victim-centred procedural and evidentiary rules, and to ensure that inaction or complicity of State officials in communal violence be urgently addressed under this legislation.”
Violence against women was both a cause and consequence of de facto inequality and discrimination. The Government of India has to link the violence against women with the “other systems of oppression and discrimination prevalent within societies.” that creating legislations and policies alone will not bring about the needed change, “if it is not implemented within a holistic approach that simultaneously targets the empowerment of women, social transformation, and the provision of remedies that ultimately address the continuum of discrimination and violence, and also the pervasive culture of impunity.”


Thursday, August 29, 2013

Role of Women in India's Struggle for Freedom

‘Beauty Contests’ are an insult to womanhood ?

"Globalization today means exploitation of natural and human resources from a third country like India by transnational corporation to reap huge profits when it enters our daily life and seeks to capture our personal values and gender perceptions into commodities".
When ABCL and Godrej Ltd. arranged a Miss World contest in Bangalore, much controversy was ignited in the name of our traditional and ethical values, our respect for the women was reportedly going to winds with the holding of such contest in India. The moot question was: Are such events constitute an insult to the womanhood?
There were not less than 28 organization, opposing the event. The matter was heard by the court and the plea that such events are against our culture, was dismissed by the Karnataka High Court.
The ABCL and Godrej Ltd. questioned the propriety of such hullabaloo over the pageant, when Indian girls have been participating in International beauty contest since mid sixties? Why after two years Sushmita and Aishwarya won the crowns representing Indian women to the world, were welcomed? Why when every other metro city, college and school, locally conduct a 'Miss' so and so contest is not opposed by any organization? What can India and Indian women lose if we held beauty pageants in the country? Why all the organizations and other opponents keep silence, when still greater obscenities and vulgarities are dished out in commercial films, and duly certificated by the censor board? What of the Konark and Khajurao sculptures and all other explicit temple carvings, where dance competitions are knowingly being organized?
The organizers of beauty contests all over the world have intermingled the beauty with brain. The girls are reportedly selected Miss World, Miss Asia, and Miss Universe not only in reference to their beauty parameters but also their intelligence by way of answering some trimmed questions to judge their I.Q. They are given seven crowns with specific features like Miss Beautiful Hair or Miss Photogenic, Miss Beautiful smile etc. to sell the multitude of products spewed out the beauty industry.
It can't be taken as a mere coincidence that most of the beauty queens now·, days are discovered in the developing countries with vast population and a good market potential to sell the products meant for females.
No doubt that beauty shows prototype the female form and women's body language and determine bodily movements to satisfy the lustful craving of the eyes. The women are being publicly exposed almost nude and judged on the basis of her vital statistics amounted to an insult to womanhood to some extent. Several women's organizations and feminists group opposed the holding of such pageant Bangalore on several grounds not all related with women. Politics, morality nationality are intermingled in a pot pourri of hysteria. These women group never opposed the holding of such contests out of India, but made much hue and cry when the same kinds of event are held in India. How and why could they hold, Indian woman more pure, their dignity a bone of contention if a bunch of adolescents were paraded semi-nude in the country? It was also argued that such semi-nude dressed girls, could also be seen at sea shores for example in Goa, Cochin etc.
The point of holding such contests was not of culture, but it is more of promoting cosmetics, in this commercial world. The corporate dealing in cosmetics are always in search of virgin markets to enhance their profits. Nothing can facilitate market expansion than fashion parades, fashion shows and beauty pageants.
Beauty pageants are an exercise to dovetail the female behavior with the likings of males, so the premium were placed on the synthetic smile, smooth movements of body, made up face and moisturized skin with beautiful hair.
The present boom in electronic media, the vast coverage of such contests have accelerated the commercial viability of such pageants. A beauty is acceptable only if the demands of a particular product in the market are met, if the packaging is proper and promotion is up to the mark. Beauty, in short, is what the beauty business defines. Crowning girls from developing countries as Miss world, Miss Asia, Miss Photogenic is all part of this commercial game.
All the violent protests and destructive approach taken by the opponent of the beauty pageant, did more harm than good to the feminist caused by giving an impression that these were restricted to a reactionary and lunatic frenzy.
There were feminists who argued that beauty contests provide an opportunity for women to express their femininity and part of the sexual freedom for which she is entitled as human being. Some argued that opposing to holding such contests in India, is like chaining the Indian women in the old traditional values and ethics which are not at all acceptable to the modern Indian girls because the old traditions and values were posted on the women forcibly by the threat of so called kings and foreign rulers.
Since our country is a democracy, which guarantees several fundamental rights to the citizens, so opponents of the event have right to oppose, the organizers have right to organize, the contestants have right to contest. In brief, holding such events, does not constitute an insult to the womanhood. The ill is not in holding such contests but is in the minds and thoughts of an individual or group.

Wednesday, March 27, 2013

Securities, Debentures, Derivatives, Mortgage, Nonperforming Asset

Security
A financial instrument that represents: an ownership position in a publicly-traded corporation (stock), a creditor relationship with governmental body or a corporation (bond), or rights to ownership as represented by an option. A security is a fungible, negotiable financial instrument that represents some type of financial value. The company or entity that issues the security is known as the issuer. 

Debenture

A type of debt instrument that is not secured by physical assets or collateral. Debentures are backed only by the general creditworthiness and reputation of the issuer. Both corporations and governments frequently issue this type of bond in order to secure capital. Like other types of bonds, debentures are documented in an indenture. 

Derivative

A security whose price is dependent upon or derived from one or more underlying assets. The derivative itself is merely a contract between two or more parties. Its value is determined by fluctuations in the underlying asset. The most common underlying assets include stocks, bonds, commodities, currencies, interest rates and market indexes. Most derivatives are characterized by high leverage. 

Mortgage

A debt instrument that is secured by the collateral of specified real estate property and that the borrower is obliged to pay back with a predetermined set of payments. Mortgages are used by individuals and businesses to make large purchases of real estate without paying the entire value of the purchase up front.

Mortgages are also known as "liens against property" or "claims on property." 

Nonperforming Asset

A debt obligation where the borrower has not paid any previously agreed upon interest and principal repayments to the designated lender for an extended period of time. The nonperforming asset is therefore not yielding any income to the lender in the form of principal and interest payments.

Tuesday, March 12, 2013

Foreign direct investment limits in various sectors of India

0% FDI is permitted in

Agriculture (except Tea)
Housing and real estate [except NRI]
Lottery, Gambling

26% FDI is permitted in

Defence
Insurance
Newspaper and media
Petroleum refining

49% FDI is permitted in

Banking
Cable network
DTH
Infrastructure investment
Telecom

74% FDI is permitted in

Atomic minerals
Science Magazines /Journals
Petro marketing
Coal and Lignite mines
Telecom

100% FDI is permitted in

Single Brand Retail
Advertizement
Airports
Cold-storage
BPO/Call centres
E-commerce
Energy (except atomic)
export trading house
Films
Hotel, tourism
Metro train
Mines (gold, silver)
Petroleum exploration
Pharmaceuticals
Pollution control
Postal service
Roads, highways, ports.
Township
Wholesale trading

Saturday, March 9, 2013

Types of Economic Agreements

Trade agreements are broadly classified in to five types.
Preferential Trade Agreements (PTAs)
regional agreement in which members of the PTA impose a preferential tariff or lower customs duty on the products originating from the member countries.
Free Trade Agreements (FTAs)
FTA is a special case of PTA where all tariff and non-tariff barriers are abolished and free access is allowed to the products of member countries. In both PTA and FTA, each member is free to maintain different most-favoured-nation (MFN) barriers on non-members. Rules of Origin between the members of FTA is agreed to ensure that genuine products of the FTA partners alone are given duty-free access
 Customs Unions (CUs)
A Customs Union moves beyond a free trade area by establishing a common external tariff on all trade between, members and non-members. Customs Unions typically contain mechanisms to redistribute tariff revenue among members.
Common Markets (CMs)
A Common Market deepens a customs union by providing free flow of factors of production such as labour and capital in addition to the flow of outputs.
Economic Unions (EUs)
In an Economic and Monetary Union, members share a common currency and macro-economic policies (Example European Union).

Constitutional Reforms in British India

Regulating Act, 1773

  • End of Dual govt.
  • Governor of Bengal to be the Governor – General of British territories of India.
  • Establishment of Supreme Court in Calcutta. 

Pitts Act of 1784

  • gave the British Government a measure of control over the company’s affairs.
  • company became a subordinate department of the State. 

Act of 1786

  • Governor General given the power to over-ride the Council and was made the Commander-in-chief also.  

Charter Act of 1793

  • Company given monopoly of trade for 20 more years.
  • laid the foundation of govt. by written laws, interpreted by courts. 

Charter Act of 1813

  • Company deprived of its trade monopoly in India except in tea and trade with China.

Charter Act of 1833

  • End of Company’s monopoly even in tea and trade with China.
  • Company was asked to close its business at the earliest.
  • Governor General of Bengal to be Governor General of India
  • (1st Governor General of India was Lord William Bentinck). 

Charter Act of 1853

  • The Act renewed the powers of the Company and allowed it to retain the possession of Indian territories in trust of the British crown.
  • Recruitment to Civil Services was based on open annual competition examination (excluding Indians).

Government of India Act, 1858

  • Rule of Company in India ended and that of the Crown began.
  • A post of Secretary of State (a member of the British cabinet) for India created.
    • He was to exercise the powers of the Crown.
    • Secretary of State governed India through the Governor General.
  • Governor General received the title of Viceroy. He represented Secretary of State and was assisted by an Executive Council, which consisted of high officials of the Govt.

Indian Council Act, 1861

  • The Executive Council was now to be called Central Legislative Council. 

Indian Council Act, 1892

  • Indians found their way in the Provincial Legislative Councils. 

Indian Council Act, 1909 or Morley-Minto Act

  • It envisaged a separate electorate for Muslims. 

Government of India Act, 1919 Or Montague-Chelmsford Reforms

  • Dyarchy system introduced in the provinces.
  • The Provincial subjects of administration were to be divided into 2 categories:
  1. Transferred
    1. administrated by the Governor with the aid of ministers responsible to the Legislative Council
  2. Reserved
    1. The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature.
  • Indian legislature became bicameral for the first time, it actually happened after 1935 Act.

 Government of India Act, 1935

  • Provided for the establishment of All-India Federation consisting of
    • British Provinces
    • Princely States.
  • The joining of Princely States was voluntary and as a result the federation did not come into existence.
  • Dyarchy was introduced at the Centre (Eg, Department of Foreign Affairs and Defence were reserved for the Governor General).
  • Provincial autonomy replaced Dyarchy in provinces. They were granted separate legal identidy.