Legal News

16
Aug

Remembering Former Prime Minister Atal Bihari Vajpayee ji

His voice and these words echo today in the ears of all the Indians. He was a mentor, a leader, a poet, a teacher and most of all a great human being with a golden heart.

Remembering Former Prime Minister Atal Bihari Vajpayee ji. He left us today that is on 16th August, 2018 at 05.05 PM. His sad demise leaves us with a heavy heart but this moment in itself carries abundance of motivation to live fearlessly with honest thoughts. May the virtue of his thoughts and personality remains forever.

कदम मिलाकर चलना होगा

बाधाएं आती हैं आएं
घिरें प्रलय की घोर घटाएं,
पावों के नीचे अंगारे,
सिर पर बरसें यदि ज्वालाएं,
निज हाथों में हंसते-हंसते,
आग लगाकर जलना होगा.
कदम मिलाकर चलना होगा.

हास्य-रूदन में, तूफानों में,
अगर असंख्यक बलिदानों में,
उद्यानों में, वीरानों में,
अपमानों में, सम्मानों में,
उन्नत मस्तक, उभरा सीना,
पीड़ाओं में पलना होगा.
कदम मिलाकर चलना होगा.

उजियारे में, अंधकार में,
कल कहार में, बीच धार में,
घोर घृणा में, पूत प्यार में,
क्षणिक जीत में, दीर्घ हार में,
जीवन के शत-शत आकर्षक,
अरमानों को ढलना होगा.
कदम मिलाकर चलना होगा.

सम्मुख फैला अगर ध्येय पथ,
प्रगति चिरंतन कैसा इति अब,
सुस्मित हर्षित कैसा श्रम श्लथ,
असफल, सफल समान मनोरथ,
सब कुछ देकर कुछ न मांगते,
पावस बनकर ढलना होगा.
कदम मिलाकर चलना होगा.

कुछ कांटों से सज्जित जीवन,
प्रखर प्यार से वंचित यौवन,
नीरवता से मुखरित मधुबन,
परहित अर्पित अपना तन-मन,
जीवन को शत-शत आहुति में,
जलना होगा, गलना होगा.
क़दम मिलाकर चलना होगा.

15
Aug

Lawyers who made Independent India Possible

 Lal LajPat Rai,  Bal Gangaddhar Tilak, Bipin Chandra Pal

Lala Lajpat Rai, from undivided Punjab, Bal Gangadhar Tilak, from Maharashtra and Bipin Chandra Pal from what was then united Bengal, had come together to advocate the Swadeshi movement—rejecting the purchase of British goods and becoming self-reliant as a country.

Gobind Bhallabh Pant

‘Govind Ballabh Pant’ was born on 10 September 1887, in a village called Khoont near Almora. Govind Ballabh Pant took active part in independence movement against the British Raj. Together with Pandit Badri Durr Pande, he started a weekly paper called ‘Shakti’. In 1930, he was imprisoned for several weeks for arranging a Salt March inspired by Mahatama Gandhi. In 1933, he was arrested again. After India’s independence in 1947, Govind Ballabh Pant became the Chief Minister of the state for the second time. He became the first Chief Minister of Uttar Pradesh and was in the office from 26 January 1950 to 27 December 1954.

Jawaharlal Nehru

An influential leader in the Indian independence movement and political heir of Mahatma Gandhi, Jawaharlal Nehru became the nation’s first prime minister in 1947. Although faced with the challenge of uniting a vast population diverse in culture, language and religion, he successfully established various economic, social and educational reforms that earned him the respect and admiration of millions of Indians. His policies of non-alignment and Panchscheel—principles of peaceful coexistence—guided India’s international relations until the outbreak of the Sino-Indian War in 1962, which contributed to his declining health and subsequent death in 1964, ending his 17-years in office.

Madan Mohan Malviya

 

‘Bharat Ratna’ Madan Mohan Malaviya was a veteran Indian statesman, educationist and independence activist. Decades long political career of Malaviya saw him serving as President of the ‘Indian National Congress’ four times. He is remembered as founder of the largest residential university of Asia and one of the largest in the world, the ‘Banaras Hindu University’ (BHU). For almost two decades he served as Vice Chancellor of the BHU, the university with departments in sciences, medical, engineering, technology, law, agriculture, arts and performing arts with strength of over 35,000 students. He was a proponent of Hindu nationalism and remained a member of ‘Hindu Mahasabha’, serving as President in two of its special sessions held in Gaya and Kashi. He founded the ‘Ganga Mahasabha’ in Haridwar. Malaviya and other imminent Indian personalities established ‘Scouting in India’ as an overseas branch of the ‘Scout Association’ of the UK. He was the founder of ‘The Leader’ an English-newspaper published from Allahabad that gradually became influential. People used to address him as Pandit Madan Mohan Malaviya out of respect. He was fondly called Mahamana, a title conferred by Mahatma Gandhi. He popularised the slogan “Satyameva Jayate” (Truth alone will triumph) from the ‘Mundakopanishad’ expressing that it should be the slogan for the country.

 

Motilal Nehru

Motilal Nehru was an Indian independence activist and leader of the Indian National Congress. He was born on May 6,1861 in Agra, India.

Motilal Nehru was an active Indian independence activist. He was arrested by the British police during the Non-Cooperation Movement. Although Motilal Nehru was at first close to Mahatma Gandhi, later on he developed some differences with him and joined the Swaraj Party which tried to enter the British backed councils. The Swaraj Party became a failure; and Nehru returned to the Congress. Motilal Nehru was the prime mover of the Nehru Commission (1928), the first constitution written by Indians which sought a dominion status for India within the British Empire. It was rejected by hard line Indians who saw it as an unfair document not representing the varied interests of the native Indian population.

 

Vallabhbhai Patel

Sardar Vallabh Bhai Patel played an important role in India’s struggle for freedom. He is believed to be born on 31 October 1875 at Nadiad, Gujarat and was often addressed as Sardar.

Inspired by the work and philosophy of Mahatma Gandhi, he joined India’s struggle for independence. He organised peasants of Kheda, Bardoli and other parts of Gujarat and launched non-violent Civil Disobedience Movement in Gujarat, against the payment of raised tax, levied by the British government. He succeeded in his goal and the British Government suspended the payment of revenue for that year. With this he became one of the most influential leaders in Gujarat. In 1920 he became the president of Gujarat Pradesh Congress Committee and served in the post till 1945. He was a strong supporter of the Non -Cooperation Movement of Gandhi and worked against alcoholism, Untouchability and caste discrimination in Gujarat. He was elected as the municipal president of Ahmedabad in 1922, 1924 and 1927. When Mahatma Gandhi was in prison, he led the Satyagraha in Nagpur in 1923 against the British law, banning the raising of the Indian flag. He was elected as the President of India National Congress in 1931. He was at the forefront of the Congress’ all India election campaign in 1934 and 1937 and was a prominent leader in organising the Quit India Movement in 1942. He was arrested prior to the Quit India Movement and was released in 1945.

 

After India’s independence, he became the first Home Minister and Deputy Prime Minister of India. He organised relief camps for refugees in Punjab and Delhi. He was the man behind the consolidation of 565 semi-autonomous princely states to form a united India. Patel was very attached to Mahatma Gandhi. After Mahatma Gandhi’s death his condition also started deteriorating, he suffered a major heart attack within two months of Gandhi’s death. He died on 15 December 1950. He was a man of courage and determination and in the true sense the ‘Iron Man of India’.

Chittaranjan Das

Chittaranjan Das was one of the most prominent political and nationalist personalities in Bengal when Bengal was going through a very crucial time of ideological and political change. During the Non-Cooperation movement, Das became a symbol of patriotism and courage. He was the one who first started to boycott everything British, including clothes. Das was a lawyer by profession and made a name for himself when he returned to India after finishing his studies abroad, took up law practice and defended the great Sri Aurbindo Ghose in a court suit filed against him. He soon left law and got knee deep into the nationalist movement and with his political vision and foresightedness, tact and oratory skill, he was chosen to be the leader of Congress party in Bengal. He took active part in the Non-Cooperation movement with Gandhi and even went to jail in the process. But after the failure of the movement, he became disillusioned and proposed a strategy to end dyarchy but Congress did not accept it and he formed his own party – Swarajya Party – along with Motilal Nehru. For his strong belief in the concept of self government for India, he was called Deshabandhu.

Dr. Rajendra Prasad

Dr Rajendra Prasad was the first president of independent India. His life has been truly inspiring for all Indians. A lawyer by training and an active Indian political leader, Prasad’s interest in Indian politics began as early as in 1911 when he the Indian National Congress. Despite having a contention for the Gandhian principles in the beginning, he later imbibed the true spirit of Gandhi by adopting him as his mentor, practicing self-discipline and working relentlessly in the non-cooperation movement. He toured many parts of the country, spreading the ideals and beliefs of Mahatma Gnadhi. Blessed with remarkable organisational capacity and leadership qualities, he thrice headed the Indian National Congress. When India finally gained independence from the British rule, he took over as a cabinet minister, slowly making his way to the chair of the President of the Constituent Assembly and later taking up the office of India’s President for two terms. Other than his political activities, he made several literary contributions as well. His most significant works are ‘India Divided’, ‘Satyagraha at Champaran’, ‘Atmakatha’ and ‘Since Independence’.

C. Rajagopalachari

Rajagopalachari was an Indian lawyer, independence activist, politician and writer. He was the first and last Indian Governor General of India after Lord Mountbatten left India in 1948. Although Sardar Patel was the initial choice but on the insistence of the then Prime Minister, Jawaharlal Nehru, he was made the Governor General. He was the one of the leaders of the Indian National Congress during the pre-independence era. He held many other positions like: Premier of the Madras Presidency, Governor of West Bengal, Minister of the Home Affairs of the Indian Union and Chief Minister of the Madras State. Out of all the things that Rajagopalachari did to serve the country, pre and post independence, he is most remembered for the work that he did in Madras while he was the Chief Minister of the state from 1952–54. He passed the legislation to create Andhra state, put an end to sugar rationing, and introduced the ‘Modified System of Elementary Education’. He was one of the first recipients of India’s highest civilian award, the Bharat Ratna.

Kailash Nath Katju

Kailas Nath Katju advocated in favor of the revolutionaries who were charged in the Meerut Conspiracy case. Later at Red Fort in Delhi he defended the military officers accused at the INA trial.

He was the Governor of Orissa during the period 1947 to 1948 and later the Governor of West Bengal from 1948 to 1951. In 1951 he joined the cabinet of Jawaharlal Nehru as a Law Minister and later suceeded C. Rajagopalachari and became the third Home Minister of India. He was the Defence Minister in 1955 and was the Chief Minister of Madhya Pradesh from 1957 till 1962. He lost the Assembly Elections of 1962. He was in the Constituent Assembly of India and was a minister in G.B.Pant’s ministry in U.P. Finally in 1963 he retired from politics.

Bhulabhai Desai

Indian freedom fighter Bhulabhai Desai is best remembered for his contribution in the field of law. He was one of the most eminent lawyers of British dominated India. His capabilities as a lawyer were realized when Bhulabhai Desai defended three soldiers of the Indian National Army in court, who had been accused of treason to India during the World War II. However, Bhulabhai Desai’s career in politics was tainted when his secret agreement with Muslim League leader, Liaquat Ali Khan was leaked only to show him in a bad light. The association with Liaquat Ali Khan not only lost him the support of other leaders in the Indian National Congress, it also spelt doom in his political career. However, it was always India’s wellbeing that Bhulabhai Desai had in mind and it was towards the freedom of India that his entire life was dedicated to. In the following lines, we have provided detailed description of Bhulabhai Desai.

Mahatma Gandhi

Even a book of thousands of page won’t be enough to describe his contribution towards Independence and introducing Social Justice in India.

Salute to such leaders who make us proud to be of legal fraternity

 

 

13
Aug

Editorial: The Personality to Which We Called “Mahatma”

ABSTRACT

“As human begins, our greatness lies not so much in being able to remake the world- that is the myth of the atomic age- as in being able to remake ourselves.”-Mahatma Gandhi

Mahatma Gandhiji has always been considered as greatest freedom fighter that has followed the way of non violence in order to set India free from the chains of slavery from British rule. Mahatma Gandhiji has played a pivotal role in the independence of India by being the prominent figure of political scenes in India. At that critical stage of Indian history when there has been mass violation by the British Empire in India, Mahatma Gandhiji stood up against that rule and aimed to set India free from the chains of slavery. The war for independence was not to achieve political supremacy but it was aimed to have social and economic development of India which British government was not doing. Mahatma Gandhiji approach to set India free from the British government was unique as it was totally based upon the notions of Non Violence i.e. non injury. It was not only India who got freedom from the British rule but South Africa also got freedom with the efforts of Mahatma Gandhiji. It was the innumerable efforts of Mahatma Gandhiji that India got freedom from British government and it was their hard work and their principles that Mahatma Gandhiji has been referred as “Father of the Nation”. But in the 21st century it seems that nobody has emerged out to become like Gandhiji. Everyone remember them on the day of Independence but the next day everyone forgets the principles of Gandhiji. We all are aware what is happening all around the world – there has been mass violation, poverty, unemployment, illiteracy, corruption that is still in existence. What is happening in India? Does anybody knows, well we all are aware what is going “poor are becoming more poor and rich are becoming more rich”, poverty, unemployment, illiteracy, corruption and the increased crime rate. Whether India has got freedom in the real sense? Well India has got freedom from the British government but India is still struggling to get freedom from poverty, unemployment, illiteracy and corruption. In our 70 years of independence does anybody have found why we are still tied in the chains of poverty, unemployment, illiteracy and corruption? Perhaps nobody has followed the principles of Mahatma Gandhiji.

INTRODUCTION

“An eye for eye only ends up making the whole world blind” – Mahatma Gandhi

 

Dr. Francis Neilson referred Gandhiji as- A Diogenes in action, a Francis in Humility, a Socrates in wisdom, Gandhiji reveals to the world the utter paltriness of the methods of statesman who relies upon force to gain his end. In this way, spiritual integrity triumph over the physical opposition of the forces of States.[1]  The study of such personality is very important in today’s contemporary world in many aspects. Gandhiji personality indeed has different facets which has extended various aspects of human life and human rights. The secret of the success of Mahatma Gandhiji life was that he had given equal importance to his spiritual and material life. The power of material life was the soul force of mahatma Gandhiji principles. It was the ideals and principles based on human rights that have been followed by Gandhiji made Mohandas Karamchand Gandhi a “Mahatma”. Albert Einstein described Mahatma Gandhiji as “Greatest Man of our Times”.[2]  The early personality of Mahatma Gandhiji revealed that he was very shy and this can be observed from his autobiography.

“I used to be very shy and avoided all company. My books and my lessons were my sole companions. To him at school at the stroke of the hour and to run back home as soon as the school is closed that was my daily habit. I literally ran back because I could not bear to talk to anybody. 1 was even afraid lest anyone should poke fun at me”‘.[3]

 Gandhiji always believed in the transformation of society and this can only be achieved by individual personality which is capable of doing continue work which is assigned to it. Gandhiji made the society a big laboratory where he does experiments in order to transform the society. To quote Mahatma Gandhiji own words

“I shall work for India in which the poorest shall feel that it is their own country in whose making they have an, effective voice, an India in which there shall be no rich class and no poor class of people, an India in which all communities shall live in perfect harmony. This is the India of my dream”.[4]

 

Ideas and Principles of Gandhiji

  1. Political Philosophy of Gandhiji– Gandhiji had strong influence over politics and this is the reason that Gandhiji always believed that politics is a medium which can transform the society. Gandhiji always believed that life is whole thing. Life cannot be separated into water tight compartments like social, economic and political. According to him they are the part of same thing and life and are inseparable. He always says that “politics bereft of religion is absolute dirt and ever to be shunned”.[5] The political idea of Mahatma Gandhiji is always based upon to have “Rama Rajya”[6]. By this term Gandhiji wanted to have kingdom of God which may ensures equal rights to all human beings.
  2. Concept of Swaraj-Gandhiji political ideas was based upon the moral principles which he always followed in order to achieve freedom from British Empire. In politics Gandhiji used the term “Swaraj”. To him this term means the political independence by which India can transform into better nation. Thus by word Swaraj he meant the government of India with the consent of people and the government which is always be ruled by people of India.
  3. Concept of Democracy– the above idea of Mahatma Gandhiji was based on the concept of Democracy- a government by the people for the people and of the people. According to Mahatma Gandhiji democracy means the art and science of mobilizing the entire physical, economical and spiritual sources for the various sections of people in the service of common good for all.[7] He described democracy as the finest sources of political power. In the true democracy like India, according to Gandhiji “The unit is the village”. He pointed out that the true democracy cannot be worked at twenty men sitting at the centre. It has to be worked from the people of every village whether small or large.[8]
  4. Concept of Satyagraha– Gandhiji considered that that every man is mixture of good and evil. The nature of evilness is innate and is present in every human being. But Gandhiji points out that the moment the man awakens to the spirit within him he cannot be violent.[9] When one becomes non- violent the body of that human being is transformed into spirit. Satyagraha in the opinion of Mahatma Gandhiji means the relentless pursuit of truthful means by non violent ends. It is the “vindication of truth, not by any kind of infliction of the suffering on the opponents on one’s own self.[10] Thus Gandhiji considered it as penance Thapsaya for Truth or it means the holding of truth. The ultimate and most potent weapon of Satyagraha is fasting. Gandhiji call it as one of the fieriest weapon to achieve your goals. According to Gandhiji, fasting generates a silent unseen force. In violence there is nothing visible. Mahatma Gandhiji points out that “Non violence when it becomes active travel with extra ordinary velocity and then it becomes a miracle.[11]
  5. Truth– to Mahatma Gandhiji Truth and God are synonymous and he always tried to see God in the form of Truth. He always says “the great power is not by Allah not by the name of Khuda or by the God but it is always by the name of Truth”. If there is uniformity in the voice and practice of a person then the thought of that person is the evident voice of Truth. Everyone should follow the inner voice. The significance in that case is that the inner voice says different things. This is so because different people have different level of thought and mental level. Due to different in thought and different mental level of human beings, different inner voices are formed. True love originates from true morality. True morality comes when the six enemies are absent. The six enemies are lust, hatred, greed, error, pride and injustice.[12] When all these get away truth can be realised.
  6. Non Violence– There has been close connection between the two words i.e. non violence and ahimsa. To Gandhiji Non violence is the mean to attain the truth and ends means are convertible terms. The whole philosophy of Mahatma Gandhiji has been based upon the two words that are the truth and Non Violence. Non violence is to be observed in thoughts and deed of the person. Gandhiji points out that “Non violence” is not the performance of any person but it is the finest art that reflects from the heart and not through the brain of the human beings. The acceptance of Non violence is complete surrender before the God. When one becomes a humble servant of god, it is the duty of that person to serve the humanity. Gandhiji always believes in the notion that “I am not endeavouring to see god through service of humanity for I know that God is in heaven, nor down”.[13]
  7. Gandhiji Concept of Universal Religion- Gandhiji believed that there should be one religion and the roots of that religion must be fundamental and moreover it must have the concept of religious harmony. Gandhiji says that a religion is like a tree, as a tree has one trunk but have many branches similarly there must be one religion. By religion he meant not a conventional type of religion but it must be idealistic and must be based on the fundamental qualities of religion. According to him a religion is moral trust of an individual towards to a particular community. The goal or the main aim of person’s life is to conqueror over evil in him and reach the optimum goodness; therefore these various religions are different parts or road to the same goal.
  8. Tolerance- Gandhiji points that all human beings must have the same and equal rights for their dignity in the particular society and the society which cannot affords or provides the basic rights to the human being is having no worth importance in the Universe. According to Mahatma Gandhiji faith is a personal matter and is based on the ability and his experience. To him all human beings also must possess the character of having tolerance in all fields. One who does not have tolerance in his or her character is unable to achieve the objectives of his or her life. So everyone must have tolerance in order to succeed in his life.
  9. Education – for every particular society, Gandhiji considered education to be the one of the most important essential element. According to Mahatma Gandhiji Education is “Like a reel which draws best out of oneself”[14]. Drawing best out of individual is the main objective of education. Therefore education is the mean of drawing out divinity in man. Education is the only mean by which a person can thought to have reformation. A person without education is like body without oxygen. Similar a person cannot survive in particular society without education. Education does not reform the society but it also brings reformation in the thought process of individual. This is the reason why Mahatma Gandhiji always aimed to have better education in society.

“Education in itself is Human being which can reform the individual, his thought process and finally the society in which that individual resides”

 

 

MAHATMA – THE LAWYER

You give us a Lawyer; we gave you back The Mahatma”

These are the words of those people of South Africa which got its freedom because of the efforts of Mahatma Gandhiji. Just as India got freedom because of the efforts of Mahatma Gandhiji and many freedom fighters similarly South Africa got freedom from the British rule. Mahatma Gandhiji sailed to England in the year 1888 on 4th September to study law and become a barrister. He was called upon the bar on 10th June 1891 and was enrolled in the High court of England the very next day. Gandhiji returned back to India and started his practice in law first in the Bombay high court and then in the Rajkot. Sir Stafford Cripps remarked Gandhiji with the words “he was no simple a mystic; combined with his religious outlook was his lawyer trained mind quick and apt in reasoning moreover he was a formidable opponent in arguments.[15] Gandhiji went to South Africa in April 1893 in connection with the case of Sheth Tyeb Hazi Khan Mohammad. It was a case of business transaction arisen out of the promissory notes and partly on the specific performance to deliver the promissory notes. Gandhiji easily had won the case and the success of this case marked a new beginning of Mahatma Gandhiji into the field of law”. From 1893 to 1913 Gandhiji stayed in South Africa and has realized many functions of a lawyer. In his stay in South Africa Mahatma Gandhi had solved as many as 100 cases of promissory notes and emerged as a topmost lawyer in South Africa. “

Truth and Non violence was the first article of his faith and last article of his creed”[16]

Going through the meticulous habit of practice in law, Gandhiji evolved new concept such as Truth, fair, Duty.etc. In those 20 years Gandhiji emerged to earn the esteem of his colleagues as much as that of Magistrate and Judges who had come to respect him for clarity of thought and expression, legal acumen and intellectual vigour.[17] All the judges and magistrates were surprised by the way in which Gandhiji represent the case of his clients in the court room. The way of the presentation of his case was free from any heat of passion. It was the habit of Mahatma Gandhiji that he never hides the truth in the court room. In the presentation of case he likes to reveal the truth without any flaws. Truth was the only touchstone that Gandhiji used to judge his duty towards client and the court. According to Mahatma Gandhiji the greatest wrong that a lawyer could commit in the judicial process was to be a party towards “Miscarriage of Justice”.[18] Where there was a case which is concerned with poop people, Gandhiji used to take the case of those people free and never charge them at all. Gandhiji in the profession of law never intended to deceive his clients for the sake of money and it is because of the character of morality, truth, tolerance and honesty that Mahatma Gandhiji was considered to be one of the greatest lawyers in South Africa. Practicing as a lawyer however remained for Gandhiji a Subordinate occupation. A considerable part of his service in South Africa was devoted to do Public service which was almost a passion for Gandhiji. While his stay in South Africa Gandhiji was made to aware of the Practice of racial discrimination that was taking place in South Africa. Human beings are discriminating with the other human being just because he or she does not possess the same colour as of others. It was the outcome of this racial discrimination that the society of Human beings was divided into two communities. First was the community of White people who might be considering themselves the supreme personality just as the same as that of king and considered people who are black as their slaves. Such inhumanity was existing and moreover taking place in South Africa. In the year 1910, Gandhiji entirely abandoned the practice of law and henceforth devoted his entire time and energy to do public services. Gandhiji after abandoning his practice of law become the “Satyagrahi” who was engaged in breaking law rather than expounding or interpretating the law in the court rooms.

From here Gandhiji evolved to change his personality from lawyer to a new personality that is the “Satyagrahi”. This was the beginning of the new chapter in the life of Mahatma Gandhiji which he continued till his death. It was the face of Satyagrahi that made end to racial discrimination in South Africa, made South Africa to get free themselves from the rule of British Empire. Thus it was the field of law that made Gandhiji aware of the rights of Human beings which other Human beings were not aware. Gandhiji evolved to be different personality when he came back to India from South Africa.

Thus these words are true-

You give us a Lawyer; we gave you back The Mahatma”

On 30th January 1948 when Gandhiji was going to have prayer in the Birla house a group of people surrounded the Gandhiji and a Hindu named Nathuram Godse stepped and bowed before Gandhiji and then rushed towards Gandhiji and shot Gandhiji with three shots and Gandhiji died.

CONCLUSION

A man is nothing but the product of his thoughts what he thinks he becomes”- Mahatma Gandhiji

It was the thought process and the ideology of Truth, Non Violence, Honesty, Tolerance, education and humanity that made Mohandas Karmchand Gandhi to be called as The “Mahatma Gandhiji the Father of our Nation”. Such a big personality or we can call him the messenger of the God who made India free from the chains of slavery of British Empire, who imbibe in us the character such as Honesty, humanity and truth.  But what is happening in India? Increased crime rate, corruption, inhumanity, terrorism and illiteracy this is all what is in India. Does India really got freedom in the real sense? India is striving hard to get freedom. If Gandhiji would be alive today would he feel happy looking to the progress of country where there is no sense of having honesty and humanity? There have been large violation of human rights and nobody of us is following the ideals and principles of Gandhiji. This is fact that we remember Gandhiji on these dates- 30th January, 15th August and 2nd October of each year and rest 362 days we don’t have time to know What Gandhiji was? Whole universe considered him Mahatma? Are we respecting such great personality or really we making fun of that big personality whom we called the “Mahatma”? We all human beings have become so selfish that we don’t have time to think what is happening in India. There have riots for religion. But nobody stands for this violation. Every one of us is busy in multiplying money but nobody has time to think about nation. Really we got freedom or we still striving to get freedom? Do we need a person like “Gandhiji”? Gandhiji once said that person is nothing but the product of his thoughts what he thinks he becomes. If we all starting to develop our thoughts like Mahatma Gandhiji we would have as many as million of Gandhiji. The thing which I liked the most in writing this article is the concept of Mahatma Gandhiji towards religion. Once Mahatma Gandhiji was asked that whether he is Hindu? Mahatma Gandhiji replied back with the words “Yes I am”. “I am also Christian, a Muslim, a Buddhist and a Jew”

A nation’s culture resides in the heart and soul of its people”- Mahatma Gandhiji

[1] S. Radhakrishnan : Mahatma Gandhi; Essays and Reflections on His Life and Work, George Allen & Unwin, London, (1949), p. 537

[2] P.C.Ghosh, Mahatma Gandhi as I saw him, S.Chand & Co., Delhi, 1968, p.VI.

[3] M. K.Gandhi, an Autobiography or the Story of my Experiments with Truth, Navajivan Publishing House, Ahmadabad, 1989, p.5.

[4] N.A.Palkivala, ‘Relevance of Gandhi Today’, Gandhimarg, Vo1.6. April 1984, p. 13.

[5] Gandhi M.K. Harijan 30-03- 1934 p.55

[6] Amrit Bazar Patrika, Culcutta 2-08- 1934

[7] Anthony J Parel, Gandhi freedom and self Rule, Vistaar Publication, New Delhi,2000, p.80

[8] M. K.Gandhi, ‘Democracy and Trust: Harijan, 16, November 1947, p.409.

[9] Gandhi M.K. Harijan, 10-6- 1939. pp158 – 159

[10] Speeches and writing S of Mahatma Gandhi, G.A. Nateshan Madras, 1922. P. 50 1.

[11] Gandhi M.K. Young India I11 p.20

[12] .G.N. Dhawan, Political Philosophy of Mahatma Gandhi, p. 136.

[13] Gandhi M.K. Young India, 16-4- 193 1.

[14] Gandhi M.K. Young India 11-08- 1920.

[15] D.G. Tendulker, Mahatma, The life of Mohandas Karam Chadn Gandhi I Govt, of India Publication 1961, p. 176.

[16]  .G.N. Dhawan, Political Philosophy of Mahatma Gandhi, p. 136.

[17] S.R. Bakhi, Gandhi and his social thought. Criterion publication New Delhi 1986 pp. 175 – 176.

[18] .Gandhi M.K. an autobiography p.408

by Pranav Kaushal

11
Aug

Is Pati……..Parmeshwar?

In a country where women symbolized as goddess and worshiped, exist men who want women to drink water which is used for washing their feet. Act, invisible in criminal nature, is a visible example of crime against women.

 

Click Here to watch referred video

 

For the man who thinks they deserve a wife who shall clean their feet and drink the water used for washing his feet, you….., need to meet these women who have broken barriers and came out stronger than ever, and inspired many millennials to take a stand and speak up. And, you… you shall clean their feet instead and drink the residue water. I’m sure you’ll feel motivated  than ever and  able to lead your life in right path.

To quote a few amongst many, I would like to present example of India’s  Missile Woman, Dr. Tessy Thomas who is the first woman to lead a missile operation in India. Being a woman she faced several faces of life but her capabilities made her superior and not the gender. She received the Lal Bahadur Shastri National Award for her contribution for making India self-reliant in the field of missile technology.

Stay quiet, because this has been happening for thousands of years and may continue for many more. Or, speak up, even if you may not bring the change in the entire community, changing yourself may change entire nation.

One who thinks is superior not because of his capabilities but because he is born a man don’t deserve to be born at all. He is liability to mother Earth and shall be executed. He is the reason behind most of the gender specific crime. Lynching is good when it comes to execute such an undignified, inhumane man.

By Amaresh Patel

(The views in the article is personal and only author is responsible for the content of the post)

10
Aug

Mass Surveillance System: The AADHAR Awakening

“Surveillance is like salt in cooking which is essential in tiny quantities, but counterproductive even if slightly in excess” ~Sunil Abraham

 

Mass Surveillance is the system of surveillance of intact population in order to monitor that group of citizens. States who promote this arugue that it is an integral part of any state in order to fight terrorism. On the contrary, mass surveillance has often been criticized for being violative of privacy rights, limiting civil & political rights and being illegal under some legal or constitutional systems. Another criticism is that increasing mass surveillance could lead to the development of a Surveillance State where civil liberties are infringed or political discord is undermined. Such a state could be referred to as a Totalitarian State. India is also not lagging behind with the notion of “Absolutism” where the state imposes any legislation irrespective of being violative of citizens’ fundamental rights. India has introduced a biometric card project AADHAR also labelled as the world’s biggest Mass Surveillance Project.

 

Aadhaar is a 12-digit unique  identification  number  issued  to  all  Indian  residents  based  on  their biometrics (including fingerprints and iris scans) and demographic data. The data is collected by the Unique Identification Authority of India (UIDAI) a statutory authority established on 12 July, 2016 by the government of India, under the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. It’s used, among other things, to verify the identity of a person receiving a government subsidy or a service. This trailblazing project is aimed at obtaining demographic and biometric informations and being forced upon Indian citizens, with no choice for an individual to opt-out of the system. The Indian government has claimed that setting up Aadhaar would establish a system of protection against corruption in the dispensation of social benefits. However, unlike countries where similar schemes have been implemented, invasive biometric collection is being imposed as a condition for basic amenities in

India. The privacy and surveillance risks associated with the scheme have caused much dissension in India.

As of March 2018, the Unique Identification Authority of India (UIDAI) has issued 1.15 billion UIDs covering nearly 89.5% of the population making Aadhaar, the largest biometric database in the world. By rapidly working towards linking Aadhaar with all public and some private transactions, the government has moved away from its initial agenda and instead towards achieving a surveillance society. This draconian ID system is linking with every aspect of an individual’s life, from booking train tickets, registering marriages, or seeking scholarships, to mobile phone numbers, bank accounts, and schools and colleges. In many of these cases, it is mandatory. The aggregation of this data, along with various other data sets interlinked to Aadhaar, will enable the government to trace the movements, social relationships, and interactions of residents so that their private lives are laid bare. Once such data is in the government’s hands, wide latitude in access and use facilitates government abuse. Indeed, coercive application of Aadhaar creates a potential for mass surveillance, which in turn threatens the privacy of Indian citizens. From another perspective, it  may be said that now a person is bound by this AADHAR Act to mandatorily have a mobile under any circumstances to get his AADHAR card which is expressly in violation of his liberty.

For the survival of a democracy, privacy and the rights of citizens cannot be compromised. Privacy, as Professor Alan Westin points out, provides for personal autonomy. Without autonomy, individuals cease to exist and lose all productivity. Communist and fascist regimes thrived on depriving citizens of their autonomy. Is it going to be the same in India too? Privacy gives people an opportunity for emotional release. Without this, citizens will be constantly under watch, unable to express themselves. Nandan Nilekani, who joined the UPA government as the first chairman of the scheme, seems to have succeeded in creating the world’s biggest surveillance engine, ensuring that any government will have complete access to all the data of the citizen, and can use it to manipulate any one at will. Citizens have no protection against this surveillance any more. Section 33 of the Aadhaar Act ensures that under the guise of “national security”, the government can access any information without providing any explanation to anyone. It does not define what is “national security” so any reason can be used to access and use this data.

On 8th April, 2014, just a month before becoming the PM of India, Mr. Narendra Modi remarked about Aadhar in this way: “On Aadhar, neither the team that I met nor the PM could answer my questions on security threat it can pose. There is no vision, only political gimmick.” And today, under Prime Minister Modi’s government, the rules promulgated under the Aadhaar Act 2016, the Unique Identification Authority of India can file a FIR against any citizen who questions its security. What he called a political gimmick, a scheme without vision, has now become his government’s signature scheme. Be it any government or political parties, the mindset remains same and it’s all about a chance to mandate compliance as Lord Acton puts it, “Power tends to corrupt and absolute power corrupts absolutely.”

In October 2015, the Supreme Court made it clear that The Aadhaar card scheme is purely voluntary and it cannot be made mandatory till the matter is decided by the Court one way or another. In September 2016, the Supreme Court once again reiterated this position. In fact, it sought an explanation from the government and asked it to remove a condition making it mandatory for the students to give their Aadhaar numbers for various scholarship schemes, despite a five-bench order that had restrained the Central government. Making Aadhaar mandatory to file IT returns ensures that this order is wilfully ignored and in fact seems to hold the Supreme Court’s order in contempt. This clearly indicates that government is transforming India undoubtedly into an Absolutist or Totalitarian State where the role of judiciary is no or less!

Aadhaar is a mass surveillance technology. Unlike targeted surveillance, which is a good thing and essential for national security and public order, mass surveillance undermines security. And while biometrics is appropriate for targeted surveillance by the state, it is wholly inappropriate for everyday transactions between the state and law abiding citizens. No matter the specific techniques involved, historically mass surveillance has had several constant attributes. Initially, it is always the country’s unorthodox and marginalized who bear the brunt of the surveillance. And history is evident that mere prevalence of a mass surveillance mechanism, irrespective of its usage, is suffice to stifle dissent.

A citizenry that is aware of always being watched quickly becomes a compliant and fearful one!”

~Glenn Greenwald

Refrences

 

  • “Aadhaar face authentication: Are we going to be a total surveillance state like China?” ~DailyO.in
  • “India’s dodgy mass surveillance project should concern us all” ~ Rhyea Malik and Subhajit Basu, The Wired (U.K.) 25 Aug 2017
  • “The end of privacy: Aadhaar is being converted into the world’s biggest surveillance engine” ~ Saikat Datta, The Hindu Mar 24, 2017
  • “Checks and balances needed for mass surveillance of citizens” ~ Peerjada Abrar , The Hindu, December 09, 2017
  • “Aadhaar: Ushering in a Commercialized Era of Surveillance in India”, ~ Jyoti Pandey, The Hindu, June 1, 2017
  • “What the Right to Privacy Judgment Means for Aadhaar and Mass Surveillance!” ~ The wire, 24 aug 2017
  • “Aadhaar case: Why SC needs to look into technical evidence of Aadhaar’s surveillance capabilities” ~ Asheeta Regidi, Feb 02, 2018
  • “Is Aadhar a breach of privacy?” ~ Sunil Abraham, R.S. Sharma and Baijayant Jay Panda, The Hindu, March 31 2017
  • “No place to Hide: Edward Snowden, the NSA and the Surveillance State” ~ Glenn Greenwald, Penguin Books, 2014
  • https://howlingpixel.com/wiki/Mass_surveillance
  • UIDAI website

 

Aman Sagar

B.A. LL.B. (Hons.) [6th Semester], School of Law and Governance,

Central University of South Bihar

10
Aug

SURROGACY: Whether the Issue has been appropriately dealt under the Indian framework of law?

The Black’s Law Dictionary defines surrogacy as means the process of carrying and delivering a child for another person. In Latin “Surrogatus” means a substitute i.e. a person appointed to act in the place of another.

There are two types of surrogacy- altruistic surrogacy where the surrogate mother receives no financial rewards for her pregnancy or the relinquishment of the child to the genetic parents except necessary medical expenses and commercial surrogacy where the surrogate mother is paid over and above the necessary medical expenses.  There are various reasons why people go for surrogacy such as due to genetic challenges, infertility, certain medical conditions, personal choices etc.

Surrogacy is considered as a grave issue because it is believed that in surrogacy, the woman rents her body, often under coercion and the child born is treated as a commodity. Surrogacy is thus considered as a new form of exploitation and trafficking in women.  Beyond the basic right of every individual to human dignity as enshrined in the major international and regional human rights law instruments, the trafficking in ova and surrogacy have far reaching implications on women’s rights, the right to an adequate standard of health, the right to be free from discrimination, the right to a family, and the rights of the child.

India has raised concerns because surrogacy is highly unregulated and open to exploitive situations. According to various reports Commercial surrogacy has increased in India. It is the poor, rural and marginalized sections of the society who are victims. Advantage is taken of their destitute situation. They are promised handsome money in return of being a surrogate mother.

In India Surrogacy (Regulation) Bill, 2016 has been formulated in order to address this issue. However the Surrogacy (Regulation) Bill, 2016, raises some serious legal and ethical concerns. The proposed law is mostly in line with the laws in other countries and the 228th report of the Law Commission of India. This provides for a blanket ban on commercial surrogacy and only permits altruistic surrogacy by a close relative, who must have given birth to a child. This in itself is problematic as it could violate the woman’s fundamental right to livelihood – in this case through surrogacy – as guaranteed under Article 21 of the Constitution. Also, the restriction that the surrogate must only be a ‘close relative’ of the commissioning parents may result in ethical issues wherein the child and the surrogate develop an intimate bond, given that both are known, accessible and related to each other. Secondly if the surrogate wishes for her name to remain undisclosed, how will her privacy be protected when the deal will be happening within the family? Further the commissioning couple may face difficulties in finding a close relative who will willingly render the surrogacy service. It cannot be denied the possibility that prohibiting commercial surrogacy may thereby turn surrogacy into a ‘black market business’, or lead to the ‘victimisation and coercion’ of subjugated and oppressed women in marital homes to bear a child for their relative. Importantly the question that remains to be answered is what steps the government plans to take in order to tackle the issue of violation of a woman’s right to health and bodily integrity that may arise as a result of this provision?

A further provision of the Bill allows surrogacy only to legally-married infertile Indian couples, who have been married for at least five years. Thus the couple has to wait for five year before going for surrogacy. This requirement of a five-year wait after marriage to enter into a surrogacy arrangement and the age restriction of the commissioning parents – for the father to be between 26 and 55 years and the mother to be between 23 and 50 – do not set out a rational nexus with the objects that are sought to be achieved. Also the decision to keep single men and women, LGBTs, divorced and judicially separated couples, as well as live-in couples out of the purview of the draft Bill is retrograde. The fact that being LGBT or being in a live-in relationship is not illegal per se, disallowing the right to choice vis-à-vis surrogacy is a sheer violation of their right to equality guaranteed under Article 14.

The foreigners are outside the realm of surrogacy in India and the reason given is that to avoid complexities related to nationality and prevention of Indian women from been exploited. However, barring NRIs from opting for surrogacy in India appears to be an unreasonable provision as there isn’t any reason to treat them differently from citizens living in India.

One can state that the Bill has been framed without addressing the actual concerns of the surrogacy arrangements in the country and there are chances that it will do more harm than good to the society. Thus the need of the hour is to regulate the unregulated surrogacy market to ensure and protect the rights of surrogates vis-a-vis the rights of the commissioning parents and children born as a result of such arrangements and this calls for a strong and realistic law to be framed.

By Adv Pinny Pathak

 

 

 

7
Aug

Special Report: Big Data and International Law: Not So Far Now

By Abhivardhan

Insight

We think that International Law is limited to treaties and state relations. However, this is not the generic picture of this field. Big Data has an interesting impact over human rights, state actions and responsibility and business models, which moves towards the privatization of international law. Chatham House reports in its special section about the scope of IHRL with the fields of data science in a relative science, bringing up the formation of generic fields of international law. Human Rights, when is considered to be unusually linear, needs a dimensional approach to recognize international law in case of cyber operations, and that is the pretext, where big data becomes fundamentally important. This article explores the introductory reality of big data with the field like international law, which is a special guide of introduction for a layman.

Introduction

Cyber infrastructure, is never an easy reality and it seems generally less convincing for a layman to highlight for himself, is not an easy reality. It resembles a sui generis way of fragmented lifestyle and connective infrastructures that we represent. As well as retroactively expurgating language, AI and big data will let prognostic control of latent dissidents. This will resemble Amazon or Google’s consumer targeting but will be much more effective, as authoritarian governments will be able to draw on data in ways that are not allowed in liberal democracies. Amazon and Google have access only to data from some accounts and devices; an AI designed for social control will draw data from the multiplicity of devices someone interacts with during their daily life. And authoritarian regimes will have no compunction about combining such data with information from tax returns, medical records, criminal records, sexual-health clinics, bank statements, genetic screenings, physical information (such as location, biometrics, and CCTV monitoring using facial recognition software), and information gleaned from family and friends. AI is as good as the data it has access to. Unfortunately, the quantity and quality of data available to governments on every citizen will prove excellent for training AI systems[2].

AI in its Ambit: Is it so Contingent that It is Lost to be Understood?

Under international law, a state is entitled to take countermeasures (opens in new window) for breaches of international law against it that are attributable to another state. Countermeasures are acts by an injured state against another state that would ordinarily be unlawful but are legally justified as responses to the offending state’s unlawful activity. The use of countermeasures is subject to strict conditions. The purpose is to encourage the offending state to stop its unlawful activity, rather than to punish. The countermeasures must also be proportionate. And they must not use force. There are no reasons why cyber operations may not in principle be used as a countermeasure in response to a breach of international law. There is nothing in their nature to make an exception for them. The state of existing international law is not changed by the fact that the UN group whose purpose is to agree common understandings on the international law applicable to cyber operations failed to reach agreement on this issue[3].

Source: Industrial Research Institute (2016)[4].

AI technology may have profound impacts on economic and geopolitical power balances, but it will require clarity of purpose to ensure that it does not simply serve to reinforce existing inequities. Building a framework for better managing the rise of artificially intelligent systems in the near term might also reinforce the process of mitigating longer-term risks[5]. Some claim that machine learning and deep learning[6] approximate human intelligence, but at present these tools basically detect patterns that are significantly tuned by humans and must be interpreted by humans to be useful. As a result, the advances that they represent are evolutionary and not revolutionary. One critical limitation of machine learning is that, as a data-driven approach, it fundamentally relies on the quality of the underlying data and thus can be very brittle. There are no guarantees that a computer leveraging machine learning algorithms can detect a pattern or event never previously encountered, or even scenarios that are only slightly different. As uncertainty grows, therefore, these tools become less useful[7].

It is not a League of Material Success: It is Just Imaginative Being Crystalizzed

There exists a stigma of specialized legal knowledge based on scholarly, judicial, executive and legislative data (not limited to democratic institutions, but now extended to a relativity between international law and municipal law). Moreover, the law is perfected and recognized as being duly ‘self-aware and self-critical’ and is attempted as a merger with a due ability inserted and replenished to be open to real-time assumptions and observations. For pragmatic constitutionality, it would be fit enough that the pure theories of jurisprudential schools must be an optimal and least approachable tenets of legal reasoning unless the AI finds capable enough to reconsider with a considerable acceptance of due consonance with the assumed aspect of rule of law and its due applicative constraints. This might seem to be akin to the conceptual deliberations on tort jurisprudence but revisiting human rights with the original elements of legal character and institutions in law (particularly international law via IHRL) can be a suitable step.[8] It just depends on how we deal with Big Data for making AI and its utilities better for mankind rather making it more vulnerable.

 

[1] Undergraduate Student at Amity University, Lucknow.

[2] Nicholas Wright, How Artificial Intelligence Will Reshape the Global Order, Foreign Affairs (July 10, 2018), available at: https://www.foreignaffairs.com/articles/world/2018-07-10/how-artificial-intelligence-will-reshape-global-order?cid=nlc-fa_twofa-20180802.

[3] Joyce Hakmeh & Harriet Moynihan, Offensive Cyberattacks Would Need to Balance Lawful Deterrence and the Risks of Escalation, (March 23, 2018), available at: https://www.foreignaffairs.com/articles/world/2018-07-10/how-artificial-intelligence-will-reshape-global-order?cid=nlc-fa_twofa-20180802.

[4] Industrial Research Institute, 2016 Global R&D Funding Forecast, supplement to R&D Magazine, Winter 2016 (2016).

[5] M. L. Cummings, Heather M. Roff, Kenneth Cukier, Jacob Parakilas and Hannah Bryce, Artificial Intelligence and International Affairs: Disruption Anticipated: Executive Summary, Chatham House (2018)

[6] Deep learning is a branch of machine learning that attempts to match the processes by which humans learn using

especially large and complex artificial ‘neural networks’. See Hof, R. (2013), ‘Deep learning: With massive amounts of computational power, machines can now recognize objects and translate speech in real time. Artificial intelligence is finally getting smart’, in MIT Technology Review, https://www.technologyreview.com/s/513696/deep-learning/.

[7] Supra note 5.

[8] Abhivardhan, Credibility and Legitimacy Standards for AI Realms in International Law – an IHRL Approach (July 24, 2018). 347th International Conference on Law and Political Science (ICLPS), Chennai, 24-07-2018. Available at SSRN: https://ssrn.com/abstract=3222066.

7
Aug

A COMPARATIVE STUDY OF PROVISIONS MADE UNDER CLAUSE 49 AND THE COMPANIES ACT 2013 FOR INDEPENDENT DIRECTORS

PARTICULARS INDIAN REGULATORY FRAMEWORK
CLAUSE 49 COMPANIES ACT, 2013

 COMPANY LAW.

 

A COMPARATIVE STUDY OF PROVISIONS MADE UNDER CLAUSE 49 AND THE COMPANIES ACT 2013 FOR INDEPENDENT DIRECTORS.[1]

 

 

Prescription as to Board Independence

 

50% of the Board has to be independent in cases where the Chairman is a promoter, otherwise at least 1/3rd of the Board should be independent.

 

Every Listed Company and prescribed class of companies to have at least 1/3rd of the total number of directors as Independent Directors. (Section 149)

 

Separation of Role of Chairman and CEO

 

The same individual is allowed to hold the office of both the Chairman and the CEO.

 

Office of the Chairman and CEO cannot be held by same individual subject to conditions (section 203)

 

Lead Independent Director

 

Not required to be appointed

 

Not required to be appointed.

 

 

Nominee Director

 

Nominee Directors shall not be considered as Independent Directors.

 

An Independent Director in relation to a company, means a director other than a Managing Director or a Whole-time Director or a nominee director. (Section 149(6))

 

Declaration as to Independence

 

———-

 

Section 149(7) mandates declaration from Independent Directors stating that they are meeting the criteria for independence.

 

 

Qualification of Independent Directors

 

Not specified.

 

Companies (Appointment and qualification of Directors) Rules, 2014 specifies certain criteria as to qualification.

 

Stock Options

 

Stock Options are prohibited to Independent Directors.

 

Independent Directors are not entitled to any Stock Option. (Section 197(7))

 

Separate Meeting of Independent Directors

 

The Independent Directors shall hold at least one meeting in a year, without the attendance of non-independent directors and members of management.

 

Independent Directors of the Company shall hold at least one meeting in a year, without the attendance of Non-Independent Directors and members of management. (Section 149 read with Schedule IV)

 

Audit Committee

 

The Audit Committee shall comprise of minimum 3 directors as its members. Two-thirds of the members of the Audit Committee shall be Independent Directors.

 

Section 177.

·         The Board Directors of every listed company and such other class or classes of companies, as may be prescribed, shall constitute an Audit Committee.

The Audit Committee shall consist of a minimum of three Directors with Independent Directors forming a majority.

 

Nomination Committee

 

The Company shall set up a nomination and remuneration committee which shall comprise of at least 3 Directors, all of whom shall be Non-Executive Directors and at least half of them shall be independent. The Chairman of the Committee shall be an Independent Director.

 

The Nomination and Remuneration Committee is applicable to the following classes of companies:

·         Listed Companies.

·         Every Public Company.

·         Company having a paid up capital of Rs.10 crores of more

·         Company having a turnover of more that 100 crores

·         Company having an outstanding loans or borrowings or debentures or deposits exceeding Rs.50 crores in aggregate.

·         The paid up share capital or turnover or outstanding loans or borrowings or debentures or deposits, as the case may be as existing on the date of last audited Financial Statements shall be taken into consideration for the purpose of this rule.

 

CSR Committee

 

————–

 

Every company having a net worth of Rs.500 crores or more or a net profit of Rs.5 crore or more during any financial year shall constitute a Corporate Social Responsibility Committee of the Board consisting of 3 or more Directors, out of which at least 1 Director shall be an Independent Director.

 

Stakeholders Grievance Cell

 

A Committee under the Chairmanship of a Non-Executive Director and such other members as may be decided by the Board of the Company shall be formed to specifically look into the redressal of grievances of shareholders, debenture holders and other security holders. The Committee shall be designated as ‘Stakeholders’ Relationship Committee and shall consider and resolve the grievances of the security holders of the company including complaints related to transfer of shares, non-receipt of balance sheet, non-received of declared dividends.

 

The Board of Directors of a company which consists of more than 1000 shareholders, debenture-holders, deposit-holders and any other security holders at any time during financial year shall constitute a Stakeholders Relationship Committee consisting of a Chairperson who shall be a Non-Executive Director and such other members as may be decided by the Board. The SRC shall consider and resolve the grievances of security holders of the company. (Section 178 (5))

 

Performance Evaluation of Independent Directors

 

Clause 49(II)(B)(5):

·         The nomination Committee shall lay down the evaluation criteria for performance evaluation of Independent Directors.

·         The company shall disclose the criteria for performance evaluation, as laid down by the Nomination Committee, in its Annual Report.

·         The performance evaluation of Independent Directors shall be done by the entire Board of Directors (excluding the Director being evaluated).

·         Based on the basis of the report of performance evaluation, it shall be determined whether to extend or continue the term of appointment of the Independent Director.

 

Section 178 (2) read with Schedule IV:

The nomination and remuneration committee shall identify the persons who are qualified to become Directors and who may be appointed in Senior Management in accordance with the criteria laid down, and it shall then recommend their names to the Board for appointment and removal by carrying out the evaluation of every Director on the Board. The performance evaluation of Independent Directors shall be done by the entire Board of Directors (excluding the Director being evaluated).

on the basis of the report of performance evaluation, it shall be determined whether to extend or continue the term of appointment of the Independent Director.

 

 

Tenure of Independent Directors

 

To restrict the total tenure of an Independent Director to 2 terms of 5 years. However, if a person who has already served as an Independent Director for 5 years or more in a listed company as on the date on which the amendment to Listing Agreement becomes effective, he shall be eligible for appointment for one more term of 5 years only.

 

An Independent Director shall hold office for a term of 5 consecutive years, but shall be eligible for re-appointment on passing of a special resolution by the company and disclosure of such appointment in the Board’s report. No Independent Director shall hold office for than 2 consecutive terms, but such Independent Director shall be eligible for appointment after the expiration of 3 years of ceasing to become an Independent Director.

 

Training of Independent Directors

 

The company shall provide suitable training to Independent Directors to familiarize them with the company, their roles, rights, responsibilities in the company, nature of industry etc. The details of the same shall form a part of the Annual Report of the company.

 

No provision as to training.

 

Liability of Directors

 

An Independent Director shall be held liable only in respect of such acts of omission or commission by a company which had occurred with his knowledge, attributable to Board process and with his consent or connivance or where he had not acted diligently with respect to the provisions in the listing agreement.

 

An Independent Director a Non-Executive Director not being a promoter or KMP, shall be held liable, only in respect of such acts or omission or commission by a company which had occurred with his knowledge, attributable through the Board processes and with his consent or connivance or where he had not acted diligently. (Section 149 (12))

Written by-Shajeeda Tajdeen.