the art of relaxation

Life can be tough. Amidst all this, it is probably a good idea for you to take a step back and just relax. 

It helps to reduce stress and anxiety. It even boosts confidence and reduces fatigue, anger, muscle tension etc. However, we live in a time where even relaxation is seen as something we shouldn’t do. Our productivity obsession forces us to work all day and feel guilty if we try to relax. Daily life is becoming more and more demanding and chaotic. Nowadays we see everything as a chore. Nothing is just for fun. 

Stress levels are at an all-time high. People have even started to procrastinate on rest by pushing themselves beyond their healthy boundaries. This is not normal. We have to re-educate ourselves on the art of relaxation. Some ways to do so are:-

Write it down

There is a lot on our minds nowadays, and sometimes we find it difficult to simply talk it out. We fail to either find the right words to express ourselves, or the right person to talk or vent to. In this case, confiding in a piece of paper can be more relaxing than we think. Maintaining a diary, a journal, or a blog can be extremely therapeutic, and help you reduce any stress you carry.

Reduce screen time

You might have heard your parents blame everything that is wrong with the universe on your phone usage. While that may not necessarily be true, your screen time is one of the biggest contributors of your stress. With everything that is going on in the world right now, it can be overwhelming to scroll through the news or social media. Simply putting aside your phone or computer for at least an hour each day can make a world of difference, and help you feel much better.

Connect with your surroundings 

Spending some time in nature and doing some breathing exercises is a guaranteed stress-reliever. This is something which people have been doing for years, and it has never failed. Releasing any sort of physical tension by taking a short walk and a few deep breaths can be extremely beneficial for both mental and physical stress.

Go easy on yourself 

Nowadays, everyone is too harsh on themselves. They feel guilty if they spend their time watching their favourite show or reading a book instead of doing some work. Newsflash: You’re human. Rest is crucial for you, and not something you should omit. Forgive yourself if you mess up or feel unproductive. Know that you cannot keep on working, and you deserve to take breaks.

Laugh it out

Laughter, they say, is the best medicine. When you are laughing you are distracted, and not thinking about that big final exam or presentation coming up. Cortisol is the primary stress hormone that makes us feel stressed. It has been scientifically proven that when you’re laughing, your cortisol levels are decreased by the increased intake of oxygen and  stimulation of circulation around the body. Laughing also increases the number of endorphins and boosts your mood significantly. So go ahead, spend time with your pets or watch that special by your favourite comedian. You’ll feel significantly better.

Habeas Corpus

The concept of writ essentially originated in England & to issue appropriate writ was always considered to be a prerogative of the crown. One of such important prerogative writs originated in England is known as the writ of habeas corpus.

The writ of habeas corpus has always been looked upon as an effective means to ensure release of the detained person from the prison. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another’s detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error

However, even when writ of habeas corpus is issued, it does not automatically exonerate the detained person from liability. It merely ensures his release from the prison & it does not have any bearing on his guilt or otherwise

In the case of the Additional district Magistrate of Jabalpur v.Shiv Kant Shukla2, popularly known as the Habeas Corpus case, which came up for hearing in front of the Supreme Court in December 1975. Given the important nature of the case, a bench comprising the five seniormost judges was convened to hear the case.

The bench opined in April 1976, with the majority deciding against habeas corpus, permitting unrestricted powers of detention during emergency. Justices A.N RAY, PN Bhagwati Y.V.Chandrachud and M.H Beg, stated in the majority decision
However, Justice Khanna resisted the pressure to concur with this majority view. He wrote in his dissenting opinion:
The Constitution and the laws of India do not permit life and liberty to be at the mercy question is whether the law speaking through the authority of the court shall be absolutely silenced and rendered mute… detention without trial is an anathema to all those who love personal liberty.

In the end, he quoted Justice: Charles Evans Hughes
A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting Judge believes the court to have been betrayed


In Kanu Sanyal v. District Magistrate3.
The court in that case held that habeas corpus was essentially a procedural writ dealing with the machinery of justice. The object underlying the writ was to secure the release of a person who is illegally deprived of his liberty. The writ, declared the court is a command addressed to the person who is alleged to have another person unlawfully in his custody, requiring him to bring the body of such person before the court in order that the circumstances of the detention may be enquired into and an appropriate judgment rendered upon judicial enquiry into the alleged unlawful restraint. The characteristic element of the writ and the theory behind the whole procedure observed the court was the immediate determination of the right of the applicant’s freedom and his release when the detention is found to be unlawful.

An application for habeas corpus can be made by any person on behalf of the prisoner as well as by the prisoner himself, subject to the rules and conditions framed by various High Courts. The writ of habeas corpus is an effective means of immediate release from unlawful detention whether in prison or private custody. Physical confinement is not necessary to constitute detention. Control and custody are sufficient Legal necessities and technicalities are no impediments to the court entertaining the writ of habeas corpus if the basic facts are found. The writ of habeas corpus cannot only be used for releasing a person illegally detained but it will be also used for protecting him inhumane treatment inside the jail as stated in Sunil Batra case4

The scope of the writ of habeas corpus has considerably increased by virtue of the decision of the Supreme Court in Maneka Gandhi v. Union of India5 and also by the adoption of forty-fourth amendment to the Constitution. Since the judicial interpretation of Article 21 has extended the magnitude of the concept of the personal liberty and the Court introduced the element -of fairness and justness in the ‘procedure established by law’, now a writ of habeas corpus would lie if the law depriving a person of his personal liberty is not fair, just and equitable.

Conclusion
The roots of our Constitution lie deep in the finer, spiritual sources of social justice, beyond the melting pot of bad politicking feudal crudities and sublimated sadism, sustaining itself by profound faith in Man and his latent divinity

Writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. As it is rightly quoted by Pascal in Pensees.
“Justice without force is impotent force without justice is tyranny”.

NEPOTISM

Nepotism is based on favoritism granted to relatives in various fields, including business, politics, entertainment, sports, religion and other activities.

WAYS TO HANDLE NEPOTISM AT WORKPLACE

  • In cases of nepotism, what’s often most frustrating is that a person feels overlooked because of opportunities given to someone perceived as less qualified. Document what you’ve achieved over time, and make sure to compile as much data to back you up as possible.
  • Identify a third-party ally – someone higher up than you, and thus who has more power within the organization but has no skin in the game. As with any complaint, documentation and witnesses are important. Together with the ally, determine how to best bring forward your concerns that won’t result in backlash.
  • Some might feel compelled to act out of emotion, but it’s best to build a case with evidence and details – including any information from colleagues who may be experiencing the same things you are – before approaching anyone.

NEPOTISM IN BOLLYWOOD                       

A cake walk debut of a star kid and a difficult entry for others, nepotism cannot guarantee success though it has existed in Bollywood for a long time. Many star kids tried to make their presence on the screen, but failed to grab viewers’ attention. Nepotism in industry is defined with the surname famously associated with known actors. The legacy of Kapoor emerged from the golden age of Indian cinema watching the 3rd generation now. The father-son duo of Sunil Dutt and Sanjay Dutt, Dharmendra and Sunny Deol, there are many such names that get a grand welcome in cinema.

SOME OF THE RESULTS OF NEPOTISM

  • Alia Bhatt- daughter of Mahesh Bhatt
  • Varun Dhawan- son of David Dhawan
  • Sonam Kapoor- daughter of Anil Kapoor
  • Athiya Shetty- daughter of Suniel Shetty
  • Sonakshi Sinha- daughter of   Shatrughan Sinha
  • Abhishek Bachchan- son of Amitabh Bachchan
  • Janhvi Kapoor- daughter of Sridevi
  • Ananya Pandey- daughter of Chunky Pandey

NEPOTISM- RIGHT OR WRONG

The nepotism debate has been reignited after the demise of Bollywood actor Sushant Singh Rajput. While there is no official statement by authorities on the reason behind his suicide, Twitterati and many celebrities have concluded that his death was in some way connected to nepotism in Bollywood. Recently, Kangana Ranaut appeared on a channel where she spoke about the prevalent culture of nepotism in Bollywood and how that resulted in Sushant Singh Rajput’s death. The conversation around nepotism was first ignited by Ranaut on Karan Johar’s chat show Koffee with Karan in 2017, where she called the filmmaker the ‘flag-bearer of nepotism’.

CELEBS WHO CLAIM THAT THEY HAD TO FACE THE BRUNT OF NEPOTISM

  • Abhinav Kashyap said Salman Khan and family ruined his career.
  • Resul Pookutty said no one gave him work after he won an Oscar.
  • Sonu Nigam says ‘Music Mafia’ crushes talented musicians.
  • Sona Mohapatra said she never got a second chance even after a blockbuster song Ambarsariya.
  • Upen Patel said that “they” cut him out suddenly and he felt left out.
  • Shreyas Talpade said that Karan Johar and YRF never showed interest in working with him.

INDIAN INDEPENDENCE DAY

Independence Day is celebrated annually on 15 August as a national holiday in India commemorating the nation’s independence from the United Kingdom on 15 August 1947, the day when the provisions of the Indian Independence Act 1947, which transferred legislative sovereignty to the Indian Constituent Assembly, came into effect. India retained King George VI as head of state until its transition to a full republic, when the nation adopted the Constitution of India on 26 January 1950 (celebrated as Indian Republic Day) and replaced the dominion prefix, Dominion of India, with the enactment of the sovereign law Constitution of India. India attained independence following the Independence Movement noted for largely non-violent resistance and civil disobedience.

Independence coincided with the partition of India, in which British India was divided along religious lines into the Dominions of India and Pakistan; the partition was accompanied by violent riots and mass casualties, and the displacement of nearly 15 million people due to religious violence. On 15 August 1947, the first Prime Minister of India, Jawaharlal Nehru raised the Indian national flag above the Lahori Gate of the Red Fort in Delhi. On each subsequent Independence Day, the incumbent Prime Minister customarily raises the flag and gives an address to the nation.The entire event is broadcast by Doordarshan, India’s national broadcaster, and usually begins with the shehnai music of Ustad Bismillah Khan.

British rule in India began in 1757 when, following the British victory at the Battle of Plassey, the English East India Company began exercising control over the country. The East India Company ruled India for 100 years, until it was replaced by direct British rule (often referred to as the British raj) in the wake of the Indian Mutiny in 1857–58. The Indian independence movement began during World War I and was led by Mohandas K. Gandhi, who advocated for a peaceful and nonviolent end to British rule.

Independence Day is marked throughout India with flag-raising ceremonies, drills, and the singing of the Indian national anthem. Additionally, various cultural programs are made available in the state capitals. After the prime minister participates in the flag-raising ceremony at the Red Fort historic monument in Old Delhi, a parade ensues with members of the armed forces and police. The prime minister then delivers a televised address to the country, recounting the major accomplishments of India during the previous year and outlining future challenges and goals. Kite flying has also become an Independence Day tradition, with kites of various sizes, shapes, and colours filling the sky. Also, to commemorate the day, government offices in New Delhi remain lit throughout the holiday, even though they are closed.

Independence Day, India
Independence Day, IndiaSchoolchildren waving flags on Independence Day in India

Happy Independence Day to all-Jai Hind

Basic Structure of Constitution

Basic Structure of Constitution – Myth or Reality

Basic Structure of the Constitution, sometimes also called as “Basic features” of the Constitution, this doctrine was laid down by the Hon’ble Supreme Court in the case of Keshavananda Bharti v. State of Kerala, AIR 1973 SC 1461: (1973) 4 SCC 225.

A brief overview of the doctrine of ‘Basic Structure of Constitution’ may show that it is just what the hon’ble Supreme Court has held to be as the Basic Structure of the Constitution in various cases that consists of the Basic Structure of the Constitution. But such a case would give rise to ambiguity, as it implies that there is no definite yard-stick to determine whether a particular provision is part of the Basic Structure or not. Such an ambiguity gives rise to wide discretionary powers of the Judge who is to decide as to a provision being a part of the basic structure or not as it would mean that it is solely dependant upon what the person sitting as Judge, in his personal opinion, thinks as to whether the provision is part of the basic structure or not. Such wide discretionary powers have been provided against by the Constitution by way of Article 14 which guarantees Right to Equality. Hence, such a case would mean that the doctrine is itself contradictory to the provisions of the very Constitution which it seeks to protect from ‘harm’. Hence, the doctrine becomes ultra vires and hence, void. So it would mean that the Doctrine of the Basic Structure is nothing but a myth created by the hon’ble Supreme Court.

But a deeper and closer look at the doctrine and the case laws of the hon’ble Supreme Court clearly shows that there is more to it than just what first meets the eye. When we speak of the Basic Structure, we don’t speak of the Articles of the Constitution or its provisions, but the principles which they enshrine. It may be said that Basic Structure consists of the principles keeping which in mind, the Constitution was framed. As for example, Objectives specified in the Preamble, Right to Equality, Right to Life and Personal Liberty, Right to Freedom of speech and expression, Separation of Powers, etc., may be called as some of such Principles and hence may be said to form the Part of Basic Structure of the Constitution. The provisions which enshrine these principles if changed in such a way that they serve the same purpose in the same way or in a better way, it would not imply changing the Basic Structure of the Constitution. To make my point more clear, I would like to cite the following example: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” These words don’t form part of the Basic Structure but the Principle of Right to Life and Personal Liberty which is guaranteed to every person through these words is what the Basic Structure consists of. So, if they were changed to, say “No person shall be deprived of his life or personal liberty except according to due procedure established by law.”, such a change doesn’t affect the essence of the original Article/Provision and still preserves the Right to Life and Personal Liberty in the way it was intended to be. It only makes the point as to the kind of procedure to be followed, more clear and precise. Hence, though an Article which forms the Basic Structure of the Constitution is changed, it does not imply changing the Basic Structure of the Constitution. But if it were changed to, say “No citizen shall be deprived of his life or personal liberty except according to procedure established by law.” or “No person shall be deprived of his life except according to procedure established by law.”, any such amendment or change would mean changing the Basic Structure of the Constitution because it tries to change the provision and make it in such a way which was not intended by the framers of the Constitution; as in this case, to limit the scope of the provision and hence take away the Right from a particular class of persons (in the former case), or to eliminate the Right to Personal Liberty (in the latter case). And these Principles can be clearly made out by a thorough reading of the provisions of the Constitution.

From the above discussion, it can be concluded that the Basic Structure is, in fact a reality, and there is more to it than just the Supreme Court case laws. Like the Doctrine of ultra vires which seeks to prevent any law/rule that violates the provisions of the Constitution, this Doctrine seeks to negate any attempt to change the Constitution in a ‘negative’ way and hence, preserve the sanctity of the Constitution. In the end, I would like to conclude by saying that the doctrine of Basic Structure of Constitution was framed and has been very rightly implemented by the Hon’ble Supreme Court in the various cases to protect the very Principles this great Nation is built upon.

Freedom

What is freedom according to you ?

Being able to watch my favourite channel  whenever I like.

Eating as many ice creams and choclates as I want and dentist don’t tell anything about teeth.

Not getting up early in the morning.

To Do what I like.

College should run according to our method.

I want to be free of all reponsibilities.

Chatting on phone as long as I want.


Independence day: how far has the golden bird soared

“Long years ago we made a tryst with destiny, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom.”

– Pandit Jawaharlal Nehru, Tryst with Destiny

15 August 1947, a day immortalised as the first independence day of India. This was the very day we gained our independence after almost 200 hundred years of British oppression. The path to independence was not an easy one. It cost us millions of lives, and years of bloodshed to regain something which shouldn’t have been taken from us in the first place. The sacrifices of those who fought for our noble land are honoured and remembered, as we celebrate the 74th Indian Independence Day in 2020. In these past 73 years of freedom, a lot has changed as we have struggled to find our own identity and fix the damages done to us.

Let us look back to what was happening 73 years ago. On 20 February 1947, it was announced by the British Prime Minister Clement Attlee that their government would grant full self-governance to British India by June 1948 at the latest. This was a result of the realisation by the labour party that due to the exhaustion of their resources by the Second World War and lack of international support, they could no longer control restless India. Yet, the day of independence was not all pretty. Communal riots, rampage and bloodshed on both sides of the border led to the loss of between 250,000 to 1,000,000 lives. Amidst all this, the first Prime Minister of independent India, Pandit Jawaharlal Nehru delivered his famous speech, Tryst With Destiny, to commemorate our independence. This speech is considered one of the greatest speeches of the 20th century.

It is an undeniable fact that in the past 73 years we have made a lot of progress. If we look at the economy, we can see that the standards of living and income levels have grown tremendously. The gross domestic product (GDP) increased from Rs 2,939 billion during 1950-51 to an estimated Rs 1,40,776 billion in 2018-19. At the same time, the income of the average Indian worker has gone up to Rs 92,565 during 2018-19 from just around Rs 7,513 during 1950-51. In 1991, the economic liberalisation  of our economic policies was initiated, to make the economy more market- and service-oriented, and expanding the role of private and foreign investment. Our economy is one of the fastest-growing economies of the world. Literacy rates have increased significantly, from 18.3% during the 1950s to 73% in 2011. So much more has been done, which makes one’s chest swell with pride.

Although it is pleasing to see the progress which has been made, our country is not perfect. People are still being discriminated against. Colourism in India which has been fuelled due to events under British colonial rule, where British officials consistently demeaned dark-skinned Indians and favoured light-skinned Indians for jobs is still prevalent. Even though our economy is growing fast, the growth in India is not inclusive enough. The rich are getting richer, while the poor suffer. India is also not very safe for women due to the increasing number of assaults against women. Sexist practices like dowry and female foeticide are still happening in the remote areas of the country, even though they have been banned. The number of lynching cases has also grown up, which is incredibly saddening.

Nobody likes to look at the negatives, yet we cannot ignore the problems with the system. An Indian citizen has to address these problems and work for the betterment of their country. 

This independence day, we stand together for our country, and celebrate and salute the brave and the fearless for the sacrifices made by them to help us achieve our freedom. Jai Hind!

RIGHT TO EDUCATION ACT IN INDIA

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Human Rights And Right To Education | Law Corner

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.

It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘It makes provisions for a non-admitted child to be admitted to an age appropriate class.

It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.

conclusion:-

It benificiated somany children.This is a great amendment.

INDEPENDENT INDIA

The British rule played an important role in shaping modern India. British ruled over India for more than a century (1757-1947). The British rule in India started with the East India Company, a private company owned by stakeholders. The anti-colonialism movement emerged in response to the “divide and rule” approach used by the British. Gandhi, and his revolutionary methods of protest, played a pivotal role in Indian independence. India gained its independence from Britain on 15 August 1947, after decades of clashes and protesting.

THE BATTLE OF PLASSEY

Britain had been trading in India since about 1600, but it did not begin to seize large sections of land until 1757, after the Battle of Plassey. This battle pitted 3,000 soldiers of the British East India Company against the 50,000-strong army of the young Nawab of Bengal, Siraj ud Daulah, and his French East India Company allies. The Nawab lost at least 500 troops, while Britain lost only 22. Britain seized the modern equivalent of about $5 million from the Bengali treasury and used it to finance further expansion.

THE MUTINY OF INDIA IN 1857                         

On May 10, 1857, the Indian Revolt began, with Bengali Muslim troops marching to Delhi and pledging their support to the Mughal emperor. After a year-long struggle, the rebels surrendered on June 20, 1858.

WORLD WAR I

During World War I, Britain declared war on Germany on India’s behalf, without consulting Indian leaders. About 1.5 million Indian soldiers and laborers were serving in the British Indian Army by the time of the Armistice. A total of 60,000 Indian soldiers were killed or reported missing. In April 1919, more than 15,000 unarmed protesters gathered at Amritsar, in Punjab. British troops fired on the crowd, killing hundreds of men, women, and children, even though the official death toll of the Amritsar Massacre as reported was 379.

WORLD WAR II

When World War II broke out, India once again contributed hugely to the British war effort. In addition to troops, the princely states donated substantial amounts of cash. By the end of the war, India had an incredible volunteer army of 2.5 million men. About 87,000 Indian soldiers died in combat.

STRUGGLE FOR INDEPENDENCE

Even as World War II raged on, Gandhi and other members of the Indian National Congress (INC) demonstrated against British rule. The 1935 Government of India Act had provided for the establishment of provincial legislatures across the colony. The Act also created a federal government for the provinces and princely states and granted the right to vote to about 10% of India’s male population.

ARRESTS OF GANDHI

Gandhi and the INC did not trust the British envoy and demanded immediate independence in return for their cooperation. When the talks broke down, the INC launched the “Quit India” movement, calling for the immediate withdrawal of Britain from India. In response, the British arrested the INC’s leadership, including Gandhi and his wife. Mass demonstrations were carried out across the country but were crushed by the British Army.

PARTITION

On August 17, 1946, violent fighting broke out between Hindus and Muslims in Calcutta. The trouble quickly spread across India. Meanwhile, cash-strapped Britain announced its decision to withdraw from India by June 1948. Sectarian violence flared again as independence approached. In June 1947, representatives of the Hindus, Muslims, and Sikhs agreed to divide India along sectarian lines. Hindu and Sikh areas remained part of India, while predominantly Muslim areas in the north became the nation of Pakistan. This division of territory was known as the Partition. Millions of refugees flooded across the border in each direction, and up to 2 million people were killed in sectarian violence. Pakistan became independent on August 14, 1947. India followed the next day.