Category Archives: Law and Order

Law and Order

MARITAL RAPE

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Indulging in sexual intercourse with one’s spouse without consent is marital rape. The essential element to constitute marital rape is lack of consent. It does not need to involve physical violence. It is a form of sexual abuse and domestic violence. Initially it was regarded as the right of spouses to have sexual intercourse within marriage but indulging in such act without consent, now is termed as rape. Marital rape is experienced widely by women.

HISTORY

It was believed that if a girl marries a boy, she has given consent to have sexual intercourse and also that a husband cannot rape his wife. Rape was considered as a crime and theft of man’s property. It was not recognized as damage to woman but instead to her father or husband. A legal doctrine stated, upon marriage, a woman’s legal rights were subsumed by those of her husband. The property to be withheld in a woman was her virginity. A woman was considered as the property oh her father and after marriage the property of her husband. And thus it was assumed that a man cannot rape his own wife as she is his own possession. Marital rape cases are seen highly in forced marriages.

Rape laws was created to protect the property interests men had in their women and not to protect women themselves.

MARRIAGE AFTER RAPE

Many a times the victim of rape is forced to marry her rapist, as a resolution to rape. These kinds of marriages are known as reparatory marriages. As a result of which many victims remain in violent relationships and experience marital rape. Even after marital rape victims continue to remain in such relationships because they think that divorce may be hard to obtain. Another reason being they feel shame and guilt.

PSYCHOLOGICAL AND PHYSICAL DAMAGE

  • Spread of sexually transmitted diseases and HIV
  • Affects the victim’s reactions
  • Emotional trauma

RELIGION

In many religions it is said that after marriage husband and wife are no longer two, but one flesh. It is explicated in the writing of Apostle Paul as:

“The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time that you may give yourselves to fasting and prayer; and come together again.

Sex within marriage is even considered as duty and some religious figures even consider marital rape as impossibility.

GENDER EXPECTATIONS

After marriage some obligatory roles are placed on wives which is considered as their duty. They are expected to sacrifice their happiness and everything for their family, fulfilling the sexual demands of their husbands.

Husbands are influenced by the expectations of their masculinity. Husband is the head of the family and is expected to provide food, cloth and shelter. Along with this comes the privilege and authority of patriarchy. And if the wife denies the husband thinks that he is being challenges. And then violence comes into play.

SECTION 375 OF IPC

It states: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape”.

Recent change to this is: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being 18 years, is not rape”.

Section 375 discriminates between two groups of the same sex; married women and unmarried women. Right to life under Article 21 of the Constitution includes right to privacy, sanctity of female and to make choices relating to sexual activity. Section 375 Exception 2 stands against these very basic human rights and is contradictory in nature to the Protection of Women from Domestic Violence Act, 2005. Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age. India remains one of 36 countries where it is not a crime for a man to rape a woman.

Arguments given against criminalizing marital rape:

  •  Argument 1: It’s against Indian culture
  • Argument 2: Once married, women’s perpetual consent is implied
  • Argument 3: Women will misuse any law against marital rape

PROBLEMS IN PROSECUTING MARITAL RAPE

  • The criminalization of marital rape does not necessary mean that these laws are enforced in practice.
  • Lack of public awareness
  • Refusal
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Education, Law and Order, News, Research Paper

National Education Policy 2020

The Union Cabinet on Wednesday approved the new National Education Policy (NEP) with an aim to introduce several changes in the Indian education system – from the school to college level. A single regulator for higher education institutions, multiple entries and exit options in degree courses, discontinuation of MPhil programs, low stakes board exams, common entrance exams for universities are among the highlights of the policy.  Speaking to reporters, Union minister Prakash Javadekar said the changes are important as the policy, which was framed in 1986 and revised in 1992, had not been revised since then.

The NEP 2020 aims at making “India a global knowledge superpower”.The new academic session will begin in September-October – the delay is due to the unprecedented coronavirus disease (Covid-19) outbreak – and the government aims to introduce the policy before the new session kicks in. The committee — which suggested changes in the education system under the NEP — was headed by former ISRO chief K Kasturirangan. The NEP was drafted in 1986 and updated in 1992. The NEP was part of the election manifesto of the ruling Bhartiya Janta Party (BJP) ahead of the 2014 elections.

Either one of the mother tongue or the local/regional language will be the medium of instruction up to Class 5 in all schools, the government said Wednesday while launching the National Education Policy 2020. Among other changes in the revision of the NEP, last done over three decades ago, is the extension of the right to education to cover all children between three and 18 years of age. The policy also proposes vocational education, with internships, for students from Class 6, a change to the 10+2 schooling structure, and a four-year bachelor’s program. NEP 2020 will bring two crores, out-of-school children, back into the mainstream, the government has claimed. Prime Minister Narendra Modi tweeted saying he “wholeheartedly welcomed” the policy, which he called a “long due and much-awaited reform in the education sector”.

In a bid to ramp up digital learning, a National Educational Technology Forum (NETF) would be created. “E-courses will be developed in eight regional languages initially and virtual labs will be developed,” Amit Khare, Higher Education Secretary, said. Top 100 foreign colleges will be allowed to set-up campuses in India. According to the HRD Ministry document, listing salient features of policy, “such (foreign) universities will be given special dispensation regarding regulatory, governance, and content norms on par with other autonomous institutions of India.” Standalone Higher Education Institutes and professional education institutes will be evolved into multi-disciplinary education. “There are over 45,000 affiliated colleges in our country. Under Graded Autonomy, Academic, Administrative and Financial Autonomy will be given to colleges, on the basis of the status of their accreditation,” he further said.

Here are the important points in the National Education Policy 2020:

  1. The mother tongue or local or regional language is to be the medium of instruction in all schools up to Class 5 (preferably till Class 8 and beyond), according to the policy. Under the NEP 2020, Sanskrit will be offered at all levels and foreign languages from the secondary school level. 
  2. The 10+2 structure has been replaced with 5+3+3+4, consisting of 12 years of school and three of Anganwadi or pre-school. This will be split as follows: a foundational stage (ages three and eight), three years of pre-primary (ages eight to 11), a preparatory stage (ages 11 to 14), and a secondary stage (ages 14 to 18). According to the government, the revised structure will “bring hitherto uncovered age group of three to six years, recognized globally as a crucial stage for the development of mental faculties, under school curriculum”.
  3. Instead of exams being held every year, school students will sit only for three – at Classes 3, 5, and 8. Assessment in other years will shift to a “regular and formative” style that is more “competency-based, promotes learning and development, and tests higher-order skills, such as analysis, critical thinking and conceptual clarity”.
  4. Board exams will continue to be held for Classes 10 and 12 but even these will be re-designed with “holistic development” as the aim. Standards for this will be established by a new national assessment center – PARAKH (Performance Assessment, Review, and Analysis of Knowledge for Holistic Development).
  5. The policy, the government has said, aims at reducing the curriculum load of students and allowing them to become more “multi-disciplinary” and “multi-lingual”. There will be no rigid separation between arts and sciences, between curricular and extra-curricular activities and between vocational and academic stream, the government said.
  6. To that end, the policy also proposes that higher education institutions like the IITs (Indian Institute of Technology) move towards “holistic education” by 2040 with greater inclusion of arts and humanities subjects for students studying science subjects, and vice versa.
  7. The NEP 2020 proposes a four-year undergraduate program with multiple exit options to give students flexibility. A multi-disciplinary bachelor’s degree will be awarded after completing four years of study. Students exiting after two years will get a diploma and those leaving after 12 months will have studied a vocational/professional course. MPhil (Master of Philosophy) courses are to be discontinued.
  8. A Higher Education Council of India (HECI) will be set up to regulate higher education; the focus will be on institutions that have 3,000 or more students. Among the council’s goals is to increase the gross enrolment ratio from 26.3 percent (2018) to 50 percent by 2035. The HECI will not, however, have jurisdiction over legal and medical colleges.


The Cabinet also approved changing the name of the HRD ministry to the education ministry.

Book Reviews, Law and Order, Research Paper, Social Studies

Intellectual Property Rights

What are intellectual Properties?

These are the things that emerge out of human creativity. These are the creation of the mind. Inventions; literary and artistic works; and symbols, names, and images used in commerce fall under this. Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial designs, and geographical indications. Whereas, literary works (such as novels, poems, and plays), films, music, artistic works (e.g., drawings, paintings, photographs, and sculptures) and architectural design are covered by copyright.

The associated rights:

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Types:

  1. Patents – A patent is an exclusive right granted by law to applicants/assignees to make use of and exploit their inventions for a limited period of time. The patent holder has the legal right to exclude others from commercially exploiting his invention for the duration of this period. In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a manner that enables others, skilled in the art, to replicate the invention. A Patent Owner has every right to commercialize his/her/its patent, including buying and selling the patent or granting a license to the invention to any third party under mutually agreed terms. Patents are valid for 20 years from the date of filing an application, subject to an annual renewal fee.
  2. Trademarks – Trademarks are another familiar type of intellectual property rights protection.  A trademark is a distinctive sign which allows consumers to easily identify the particular goods or services that a company provides. Some examples include McDonald’s golden arch, the Facebook logo, and so on. A trademark can come in the form of text, a phrase, symbol, sound, smell, and/or color scheme. Unlike patents, a trademark can protect a set or class of products or services, instead of just one product or process. 
  3. Copyrights – Copyright is the set of exclusive rights granted to the author or creator of original work, including the right to copy, distribute, and adapt the work. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright gives protection for the expression of an idea and not for the idea itself. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. The copyright owner has the exclusive right to sell, publish, and/or reproduce any literary, musical, dramatic, artistic, or architectural work created by the author.
  4. Trade secrets – Trade secrets are the secrets of a business. They are proprietary systems, formulas, strategies, or other information that is confidential and is not meant for unauthorized commercial use by others. This is a critical form of protection that can help businesses to gain a competitive advantage. 

Why Are Intellectual Property Rights Important?

  1. Intellectual Property Creates and Supports High-Paying Jobs
  2. Strong and Enforced Intellectual Property Rights Protect Consumers and Families
  3. Intellectual Property Drives Economic Growth and Competitiveness
  4. Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs
  5. Intellectual Property Helps Generate Breakthrough Solutions to Global Challenges
Book Reviews, Education, Law and Order, Social Studies

To Jyotiba, from Savitribai Phule: These aren’t love letters, but tell you what love is all about,,In memory of this remarkable WOMAN… 🙌

To Jyotiba, from Savitribai Phule: These aren’t love letters, but tell you what love is all about,,In memory of this remarkable woman,

here are letters that Savitribai Phule wrote to her life partner, Jyotiba – her comrade-in-arms in the struggle for the emancipation of India’s disenfranchised people.Below are translations from the original Marathi,The first letter, written in 1856, speaks about the core issue: education and its transformative possibilities in a society where learning had for centuries been the monopoly of the Brahmins, who, in turn, used this exclusive privilege to enclave, demoralise and oppress. Away at her parental home to recuperate from an illness, Savitri describes in the letter a conversation with her brother, who is uncomfortable with the couple’s radicalism.October 1856The Embodiment of Truth, My Lord Jyotiba,Savitri salutes you!After so many vicissitudes, now it seems my health has been fully restored. My brother worked so hard and nursed me so well through my sickness. His service and devotion shows how loving he really is! I will come to Pune as soon as I get perfectly well. Please do not worry about me. I know my absence causes Fatima so much trouble but I am sure she will understand and won’t grumble.As we were talking one day, my brother said, “You and your husband have rightly been excommunicated because both of you serve the untouchables (Mahars and Mangs). The untouchables are fallen people and by helping them you are bringing a bad name to our family. That is why, I tell you to behave according to the customs of our caste and obey the dictates of the Brahmans.” Mother was so disturbed by this brash talk of my brother.Though my brother is a good soul he is extremely narrow-minded and so he did not hesitate to bitterly criticize and reproach us. My mother did not reprimand him but tried instead to bring him to his senses, “God has given you a beautiful tongue but it is no good to misuse it so!” I defended our social work and tried to dispel his misgivings. I told him, “Brother, your mind is narrow, and the Brahmans’ teaching has made it worse. Animals like goats and cows are not untouchable for you, you lovingly touch them. You catch poisonous snakes on the day of the snake-festival and feed them milk. But you consider Mahars and Mangs, who are as human as you and I, untouchables. Can you give me any reason for this? When the Brahmans perform their religious duties in their holy clothes, they consider you also impure and untouchable, they are afraid that your touch will pollute them. They don’t treat you differently than the Mahars.”When my brother heard this, he turned red in the face, but then he asked me, “Why do you teach those Mahars and Mangs? People abuse you because you teach the untouchables. I cannot bear it when people abuse and create trouble for you for doing that. I cannot tolerate such insults.” I told him what the (teaching of) English had been doing for the people. I said, “The lack of learning is nothing but gross bestiality. It is through the acquisition of knowledge that (he) loses his lower status and achieves the higher one. My husband is a god-like man. He is beyond comparison in this world, nobody can equal him. He thinks the Untouchables must learn and attain freedom. He confronts the Brahmans and fights with them to ensure Teaching and Learning for the Untouchables because he believes that they are human beings like other and they should live as dignified humans. For this they must be educated. I also teach them for the same reason. What is wrong with that? Yes, we both teach girls, women, Mangs and Mahars. The Brahmans are upset because they believe this will create problems for them. That is why they oppose us and chant the mantra that it is against our religion. They revile and castigate us and poison the minds of even good people like you.”“You surely remember that the British Government had organised a function to honour my husband for his great work. His felicitation caused these vile people much heartburn. Let me tell you that my husband does not merely invoke God’s name and participate in pilgrimages like you. He is actually doing God’s own work. And I assist him in that. I enjoy doing this work. I get immeasurable joy by doing such service. Moreover, it also shows the heights and horizons to which a human being can reach out.”Mother and brother were listening to me intently. My brother finally came around, repented for what he had said and asked for forgiveness. Mother said, “Savitri, your tongue must be speaking God’s own words. We are blessed by your words of wisdom.” Such appreciation from my mother and brother gladdened my heart. From this you can imagine that there are many idiots here, as in Pune, who poison people’s minds and spread canards against us. But why should we fear them and leave this noble cause that we have undertaken? It would be better to engage with the work instead. We shall overcome and success will be ours in the future. The future belongs to us.What more could I write?With humble regards,Yours,Savitri1868The second letter is about a great social taboo – a love affair between a Brahman boy and an Untouchable girl; the cruel behaviour of the “enraged” villagers and how Savitribai stepped in. This intervention saves the lives of the lovers and she sends them away to the safety and caring support of her husband, Jyotiba. With the malevolent reality of honour killings in the India of today and the hate-driven propaganda around “love jihad”, this letter is ever so relevant today.29 August 1868Naigaon, Peta KhandalaSataraThe Embodiment of Truth, My Lord Jotiba,Savitri salutes you!I received your letter. We are fine here. I will come by the fifth of next month. Do not worry on this count. Meanwhile, a strange thing happened here. The story goes like this. One Ganesh, a Brahman, would go around villages, performing religious rites and telling people their fortunes. This was his bread and butter. Ganesh and a teenage girl named Sharja who is from the Mahar (untouchable) community fell in love. She was six months pregnant when people came to know about this affair. The enraged people caught them, and paraded them through the village, threatening to bump them off.I came to know about their murderous plan. I rushed to the spot and scared them away, pointing out the grave consequences of killing the lovers under the British law. They changed their mind after listening to me.Sadubhau angrily said that the wily Brahman boy and the untouchable girl should leave the village. Both the victims agreed to this. My intervention saved the couple who gratefully fell at my feet and started crying. Somehow I consoled and pacified them. Now I am sending both of them to you. What else to write?YoursSavitri1877The last letter, written in 1877, is a heart-rending account of a famine that devastated western Maharashtra. People and animals were dying. Savitri and other Satyashodhak volunteers were doing their best to help. The letter brings out an intrepid Savitri leading a team of dedicated Satyashodhaks striving to overcome a further exacerbation of the tragedy as moneylenders’ trying to benefit. She meets the local district administration. The letter ends on a poignant note where Savitribai reiterates her total commitment to her humanitarian work pioneered by the Phules.20 April, 1877Otur, JunnerThe Embodiment of Truth, My Lord Jyotiba,Savitri salutes you!The year 1876 has gone, but the famine has not – it stays in most horrendous forms here. The people are dying. The animals are dying, falling on the ground. There is severe scarcity of food. No fodder for animals. The people are forced to leave their villages. Some are selling their children, their young girls, and leaving the villages. Rivers, brooks and tanks have completely dried up – no water to drink. Trees are dying – no leaves on trees. Barren land is cracked everywhere. The sun is scorching – blistering. The people crying for food and water are falling on the ground to die. Some are eating poisonous fruits, and drinking their own urine to quench their thirst. They cry for food and drink, and then they die.Our Satyashodhak volunteers have formed committees to provide food and other life-saving material to the people in need. They have formed relief squads.Brother Kondaj and his wife Umabai are taking good care of me. Otur’s Shastri, Ganapati Sakharan, Dumbare Patil, and others are planning to visit you. It would be better if you come from Satara to Otur and then go to Ahmednagar.You may remember RB Krishnaji Pant and Laxman Shastri. They travelled with me to the affected area and gave some monetary help to the victims.The moneylenders are viciously exploiting the situation. Bad things are taking place as a result of this famine. Riots are breaking out. The Collector heard of this and came to ease the situation. He deployed the white police officers, and tried to bring the situation under control. Fifty Satyasholdhaks were rounded up. The Collector invited me for a talk. I asked the Collector why the good volunteers had been framed with false charges and arrested without any rhyme or reason. I asked him to release them immediately. The Collector was quite decent and unbiased. He shouted at the white soldiers, “Do the Patil farmers rob? Set them free.” The Collector was moved by the people’s plights. He immediately sent four bullock cartloads of (jowar) food.You have started the benevolent and welfare work for the poor and the needy. I also want to carry my share of the responsibility. I assure you I will always help you. I wish the godly work will be helped by more people.I do not want to write more.

Yours,

Savitri

Business and Management, Education, Law and Order, Public Administration

CONSUMER PROTECTION ACT

OBJECT OF THE ACT According to the preamble, the Act is to provide for better protection of the interests of consumers and for that purpose to make provision to make provision for the establishment of consumer councils and other authorities for the settlement of consumer’s disputes and for connected therewith.

BASIC RIGHTS OF CONSUMERS [SECTION 6] The basic rights of consumers that are sought to be promoted and protected are;

a) The right to be protected against marketing of goods and services which are hazardous to life and property:

b) The right to be informed about the quality, quantity, purity, standard and price of goods, or services so as to protect the consumer against unfair trade practices;

c) The right to be assured, wherever possible, access to variety of goods and services at competitive prices;

d) The right to be heard and to be assured that consumers’ interest will receive due consideration at appropriate forums;

e) The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and

f) The right to consumer education.

Complainant means –

(a) a consumer

(b) any voluntary consumer association registered under any law;

(c) the Central or any State Government

(d) one or more consumers, where there are numerous consumers having the same interest; or

(e) in case of death of a consumer, his legal heir or representative, Who or which makes a complaint.
An association of persons to have locus standi as consumer, it is necessary that all the individuals forming the association must be the consumer having purchased the same goods or hired the same services from the party.
In case the affected consumer is unable to file the complaint due to ignorance, illiteracy or poverty, any recognized consumer association may file the complaint as per the above clause (b). Thus, rule of ‘privity of contract’ or ‘locus standi’ , which permits only the aggrieved party to take action, has very rightly been set aside in the spirit of public interest.


Complaint [Sec.2(1)(c)]
Complaint means any allegation in writing made by a complaint that – (i) an unfair trade practice or a restrictive trade practice has been adopted by any trader; (ii) the goods bought by him or agreed to be bought by him be suffer from one more defects; (iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; (iv) the trader has charged a price in excess of the price;

(a) fixed under any law; (b) displayed on the goods or any package containing such goods; (c) displayed on the price list exhibited by him; or (d) agreed between the parties. (v) goods which will be hazardous to life and property when used are being offered for sale to the public; (vi) services which will be hazardous to life and safety of the public when used, are being offered by the service provider. With a view to obtain any relief provided by law under this Act.


Business and Management, Culture and History, Education, Law and Order, Public Administration, Science and Technology, Urban and Regional Planning

The Changes After 1991 In India

Today India is one of the most powerful nations in the world. Our progress in education, science-technology, business, economy, the defense system is really noticeable. India is always a unique country but India also passed many tough situations, this achievement comes after so many hardships, struggles, and fights.before 1991 the political situation in India is unstable, after 1991 certain changes in the Indian economy, science-technology held to be very important In the history of India.

Indian Economy: we wanted to establish an Economy based on social justice through planning for a National planning commission was established that would coordinate development through the policy of the Five Year Plan. The government started Economic Reforms are called as Economic Liberalisation. The foreign Invest In India increased, the field of information technology opened several avenues of employment in the country . Liberalization, Privatizati, and Globalization, India under its New Economic Policy approached International Banks for development of the country. These agencies asked Indian Government to open its restrictions on trade done by the private sector and between India and other countries.

Science and Technology: The experiment in the co-operative dairy movement By Dr.Verghese Kurien led to increase in milk production in India. This is called as White Revolution. Dr.Homi J.bhaba laid the foundation of the Indian atomic Power Programme. India insisted on using atomic energy for peaceful purposes like generation of electricity, pharmaceuticals and defense.

Change In Social Field: changes related to the women empowerment movement and other related to the policies regarding the uplift of deprived sections of the society

Culture and History, Education, Law and Order, Public Administration

INDIAN ARMY

The Indian army is the oldest among the three armed forces.It has very and ancient heritage of more than 2000 year from the Times of Chandragupta Maurya . The foundation of the present army was inherited from the British Indian Army . Netaji Subhash Chandra Bose lead the Indian National Army (INA) during the world war 2 to fight for India’s Independence from British Rule . Women also formed part of the INA. Captain Laxmi Swaminathan headed the women’s wing.

Role of Indian Army

  • Go to war to defeat an External Aggression
  • Strengthen the internal security Management to defeat Internal threats.
  • Project force wherever and whenever called upon to safeguard the nation’s interest.
  • To support the peace keeping operations or Military Assistance to friendly foreign countries
  • Render Humanitarian, Disaster relief and Aid to civil authorities

The Indian Army spread over six operational commands based on geography and the preceived security threats.

Logistic support services

Areas of responsibility of geographical commands

Northern command: Northern command is head quater in Udhampur .It is responsible for operations in Jammu and Kashmir against china in the east and Pakistan In the west.

Western Command :Western Command in Chandigarh. It is responsible for operation in Punjab,and Himachal Pradesh against China in the east and Pakistan in the west.

South Western Command:South Western Command is headquarter in Jaipur .It is responsible for operations in North and central Rajasthan and Haryana.

Southern Command: headquater Pune, responsible for operation in south Rajasthan and Gujarat, Maharashtra, karnataka, Kerala, Tamilnadu, Andhra Pradesh

Central Command : headquater in Lucknow. It is responsible for operations in Uttarakhand, Uttar pradesh, Bihar, Orrisa, Jharkhand, Chhattisgarh against China in the North as also security along the Indo-Nepal border with UP and Bihar

Eastern Command: headquarter in kolkata . It is responsible for operations in Sikkim, Bhutan, Arunachal Pradesh, Nagaland, Manipur, Tripura, Mizoram and also Against China and security Indo – Nepal, Mayanmar, Bangladesh Border

Business and Management, Education, Law and Order, Public Administration

Direct tax collected In India

A direct tax is a tax that is paid by an individual or an organization to the imposing entity, or to be precise, Direct Tax is the one which is paid to the Government by taxpayers. These taxpayers include people and organization both. Also, it is directly imposed by the Government and cannot be transferred for payment to some other entity.

With Direct Taxes, especially in a tax bracket system, it can become a disincentive to work hard and earn more money, as more money you earn, the more tax you pay.

Income Tax- It is imposed on an individual who falls under the different tax brackets based on their earning or revenue and they have to file an income tax return every year after which they will either need to pay the tax or be eligible for a tax refund.

Estate Tax– Also known as Inheritance tax, it is raised on an estate or the total value of money and property that an individual has left behind after their death.

Wealth Tax– Wealth tax is imposed on the value of the property that a person possesses.

However, both Estate and Wealth taxes are now abolished.

The Central Board of Direct Taxes in India

The Central Board of Direct Taxes or the CBDT, which was formed as the result of the Central Board of Revenue Act, 1924 looks after the Direct Taxes in India. This department is part of the Department of Revenue in the Ministry of Finance and is responsible for the administration of the direct tax laws. Besides that, the Central Board of Direct Taxes also provides inputs and suggestions for policy and planning of the direct taxes in India.

The latest data of tax collection as per the Central Board of Direct Taxes (CBDT) was released. The data reveals that Maharashtra, Delhi, and Karnataka contribute 61% of the country’s total revenue from direct taxes. Including the contribution of Tamil Nadu and Gujarat will aggregate to 72% of the total revenue.

Direct taxes include income tax paid by individuals and corporate tax paid by firms. It is a general notion that more revenue collection implies higher income. It also implies better employment opportunities and greater ease-of-doing-business. Greater revenue collected states are also those that have greater avenues for economic activities.

It was found that the large and populous states like Uttar Pradesh, Bihar, and West Bengal fare poorly. Bihar, the third most populous state accounts only 0.65% to the total direct tax collection. Uttar Pradesh, the most populous state and West Bengal, the fourth most populous state contributed to 3.12% and 4% of the total tax collection. 

The poor collection of taxes shows the absence of formal sector employment and corporates. It also shows that the working population in these states are not part of the salaried class. If they were a part of the salaried class, the revenue from income tax would have not been so low as compared to the population of these regions

So if we assume the total direct tax collected in India would be 100/-how much would each state contribute

Maharshtra:38/-, Delhi:13.5/- ,Karnataka:10/-

  1. Tamil Nadu : 6.7/-
  2. Gujarat: 4.6/-
  3. Andhra Pradesh :4.3/-
  4. West Bengal:4/-
  5. Uttar Pradesh:3/-
  6. Haryana : 2.4/-
  7. Odisha: 1.2/-
  8. Madhya Pradesh: 1.8/-
  9. Kerala: 1.6/
  10. Rajasthan:24/-
  11. Punjab : 1.1/-
  12. Bihar:0.65/-
  13. Telegana:0.46/-
  14. Jharkhand:0.5/-
  15. Assam : 0.56/-
  16. Goa:0.3/-
  17. Jammu and Kashmir:0.16/ Himachal:0.25/-
  18. Chhattisgarh: 0.25/-  Uttarakhand : 0.3/-Chandigarh : 0.25/- 19.Meghalaya: 0.08/- 20. Tripura:0.03/-

Education, Law and Order, Public Administration, Social Studies

The Indian Parliament: Performances and Challenges

As the central legislative body in India, the Parliament has four main roles—it makes laws, it holds the executive to account for its actions, it allocates government finances, and represents the interests and aspirations of citizens. The Parliament is also a constituent body in the sense that it can amend the Constitution.

Functioning of Parliament

Over the years, the Parliament has been meeting for a fewer days. Figure 1 shows that the number of sitting days has declined from 125-140 in the 1950s to about 70 days in the last twenty years. Also, disruptions have further reduced the amount of time available for discussion in Parliament.

An important casualty is Question Hour. If the House is disrupted, it often sits late or through the lunch hour to make up for lost time. However, the time lost in Question Hour is never made up. As a result, only a few questions listed for oral answers are actually answered on the floor, and the rest get a written.

The shortage of time has also affected discussion on bills. Every bill is expected to go through three readings at the stage of introduction, consideration when there is a detailed discussion on each clause, and passing. The Parliament rarely discusses any bill at the first or third reading. Many bills are not discussed at the consideration stage either,

Areas of Reform

There are some structural issues that need to be addressed to improve the effectiveness of Parliament. These include the repeal of the anti defection law, recording all votes on bills and major debates, referring all bills to committees and strengthening the support system for committees.

The Anti-Defection Law
Anti-defection law when it was passed, it aimed at bringing down the political defection but due to ever increasing political dishonesty and corruption this law never developed properly and now a question arose that ‘whether achieving the goals of this law a reality or a myth ? ‘Politicians found loopholes in this law and used it for their own benefit. It is high time that a watchdog should be provided to our Parliament and there is a need for our constitutional pundits to revisit the issue to combat the menace of corruption and defection which has eroded the values ​​of democracy.

Committee System

Committee System has following disadvantages:

  1. High Cost in Time and Money
  2. Indecisive Action
  3. Compromising Attitude
  4. Dominance of a Few
  5. Suppression of Ideas
  6. Splitting of Responsibilities
  7. Political Decision

Departmentally Related Standing Committees

Of course, there is no one right answer about the benefits of standing committees. But, I do have a bias against standing committees that have been around forever without revisiting their purpose.

What is the purpose of the committee? Is their charge clear? Is it defined in terms of outcomes that benefit the organization? What has the board delegated to this committee and is the board providing oversight to assure that the assigned work is getting done? If you have a current strategic plan, is the committee assigned strategies and outcomes that support advancement on that plan?

Committees that have a long history frequently, but not always, end up acting independently of the organization’s envisioned future and strategic direction. That committee’s work may or may not support the current strategic plan. There is a comfort zone for individuals who have been on a committee and in a position to define their own work and see it as somewhat independent of the rest of the organization.

If this is true of the standing committees of your organization, it might be worth an investment of the board’s time to review all committee charges (purpose statements, commissions, whatever you want to call it) and determine how those committees can best support the strategic plan and strategic initiatives. It may mean rewriting or refining the current committee purpose statement in terms of outcomes. In my experience, when the delegation of work to a committee changes from what the committee has comfortably done over the past many years, the folks on the committee will grumble and then, when held responsible for the outcomes, will either jump in and contribute or leave.

If you decide on investing in revisiting the objective statements of all committees, it may also help the board identify the right person to be the next chair – someone who is on board with outcomes and board oversight.

Committee on Subordinate Legislation

● No parliamentary deliberation – Parliament does not get a chance to debate rules, regulations, etc. made by the executive. These are made in the ante-chamber of the bureaucrat and the benefits of parliamentary deliberations are lost.

● No prior publicity- Whereas drafts of bills are often published for public comment and criticism, prior publicity is not always possible in case of rules and regulations and the benefits of public discussion are criticism is lost.

● Not enough publicity- Everyone is supposed to know the law because statutes are, generally speaking, easily accessible. This is not so in the case of delegated legislation, where the mass of rules, regulations, bye-laws, orders, etc. often lie buried in the files of bureaucrats. Antecedent publicity, that is, publicity before enactment is often missing in delegated legislation.

● Lesser research- Since statutes are normally given greater publicity than rules and regulations, the former can reach out to a greater number of citizens.\

● Possibility of overreach and or overlapping – as delegated legislation can often be confusing, complex and difficult to understand. Moreover, it can be different (and at times, contradictory) in different states, thus leading to confusion and lack of uniformity.

● Possibility of poor drafting – Delegated legislation may not be well considered or drafted by legislative experts and may thus suffer from infirmities due to poor drafting.

● Possibility of confusion- Experiences show that delegated legislation can often be confusing, complex and difficult to understand. Moreover, it can be different (and at times, contradictory) in different states, thus leading to confusion and lack of uniformity.

Conclusion
Parliament plays a central role in the Indian system of representative governance, affecting all aspects of lives of citizens. It has done a remarkable job for nearly seventy years, helping manage internal tensions of perhaps the most diverse set of people in any country. Many social reforms and economic progress have been led by Parliament. However, there are ways in which its effectiveness can be improved. These include revocation of the anti-defection law, making recorded voting mandatory and strengthening the committee system

Law and Order, News

HERE IS WHY THE PANDEMIC IS GETTING MORE DIFFICULT TO PREDICT AND TRACK

Predictions on covid-19 are growing extremely complicated as the number of cases continues to increase across regions as India entered Unlock 2.0 on Wednesday, the government and scientists have reported.

The pandemic curve has been relatively confined and is starting to flatten since the strict 70-day shutdown implemented on 25 March, yet legislators remain mindful of the resulting increase in cases. States like Kerala succeeded in taking down the count of cases during the lockout but the easing of constraints contributed to a second surge. The condition is such that any covid-19 pandemic forecast may be inaccurate, state health experts said.

“The infection was imported and located in urban areas with a concentration in metros in the first two months, but has now moved to peripheral districts and small cities. This movement has given an impression that cases are decreasing in some areas, while in others there is a surge in cases. However, this is about the movement of infections and population,” said Dr Jugal Kishore, professor and head, department of community medicine, Safdarjung Hospital.

Delhi has the highest case load among cities with more than 87,000 cases. “We have increased testing in Delhi. Initially, on testing 100 people, around 31 were found to be positive and today only 13 out of 100 people were found to be positive. These things show that the situation is under control and is not as terrible as it was one month back. However, we have to be cautious,” said chief minister Arvind Kejriwal.

Over the past week, Delhi has been reporting more than 2,000 cases daily. “Delhi’s fixed population is showing less cases for 3-4 days, but new cases will continue because a large number of the Delhi population is floating,” said Kishore.

In all major states affected with covid-19 , Karnataka has also seen a significant increase since it opened its frontiers. In the last two weeks, however, the number of local infections has also increased, indicating the possibility of community spread. The number of cases has risen dramatically in Bengaluru, raising concerns of yet another lockout in the state capital.

Karnataka has now crossed the 15,000 covid-19 case threshold ahead of expectations, and by mid-August at least 25,000 cases are now expected. The state government has asked doctors to be prepared mentally to continue the struggle for another six months.

Health experts said the number of cases will increase because of the onset of the monsoon, which is also a season for influenza. “There will be a greater number of covid-19 cases as the influenza season will come. There will be a double problem. The cases that we are seeing now are reservoirs of the lockdown. Soon after the movement started, the cases also started increasing. We will see a further increase. The disease continues to be unpredictable,” said Lalit Kant, a scientist and former head of epidemiology and communicable diseases at ICMR.

India’s recovery rate improved to 59.43%. “During the last 24 hours, 13,157 covid-19 patients have been cured, taking the cumulative figure to 357,612. Presently, there are 226,555 active cases and all are under medical supervision,” the Union health ministry said. As on Wednesday, India recorded 601,952 covid-19 cases, with 17,785 deaths.

Source:https://www.livemint.com/news/india/pandemic-s-spread-is-getting-tricky-to-predict-says-govt-11593656412642.html