The verdict of Delhi High Court is no doubt a historical and definitely will have far-reaching implication in the armed forces the direction of the court to union govt. to end the discrimination in the armed forces IT will open the gates for permanent commission to the around 1200 women officers IT is surprising that if the male officers can be granted permanent commission performing those tasks ,there is no reason why capable women offices cannot be granted permanent commission it is held that it is not charity being sought but enforcement of constitutional right. It evident that there was tendency of gender bias in army. They have right to appeal in the Supreme Court but credibility will be doubtful in light of gender bias arm forces. The Delhi High Court created a history by “bold judgment”. A gift to women’s of India. The most discriminated in the Indian society.
LANDMARK VARDICT COULD HAVE FAR REACHING FACTS
March 16th, 2010PAID NEWS A STIGMA ON THE FACE OF MEDIA
March 16th, 2010Media is under attack for paid news, and it is genuine concern for our democracy. The question raised by intelligence really is very important as media is always treated a fourth pillar of democracy, recently a delegation of Editors Guild of India met Election commission of India and raised the issue of paid news before them .Even Vise president of India in the upper house of parliament made his observation against paid news during debate in upper house. In a seminar organized by editors’ guild women press all political party was worried about this problem and agreed to include it to make paid news electoral offence as election commission is not adequately empowered to deal with the issue. A bill should be introduced in the parliament to amend the “People’s representation act”, Model code of conduct does not cover the issue of malpractice it is need of the hour .Many senior journalist are of the same view in my opinion journalism is a noble profession and a mission not a product due to that media is entitled for some privilege but if you feel that you are free to promote it as product then accept regulation certainly lose some privilege it is right time now to introspect yourself you cant cheat public, your reader they are fully entitle to get independent news. I am of the view that it is really a stigma on the face of media.
PASSAGE OF WOMENS RESRVATION BILL
March 11th, 2010No doubt history was made by passing the women reservation bill in the Upper house. With the Upper house adopting a legislation making space for 33% reservation for women representative to empowered women in independent India. In the history it is known fact that women struggle to got even voting right. In the men’s dominated world despite of this men dominated world Indian society we could not forgot the name of Rani Ahilya bahi, laxmi bai, Sarojni naidu, Dr. suchita kripltinani, Indira Gandhi, Sonia Gandhi, President of India Dr. Prathibha Devi Singh Patil etc are dominating their field. Their contribution can not be ignored.
Independent India adopted a landmark provision to empower women this cause hinges on political representation and economic advancement. The passage of women reservation bill can be justified as path breaking social reform. There are some apprehensions in some section of political section. The mechanism to be adopted for reservation of seeds, it should be widely to be debated. There may be some genuine concern. The parties opposing the bill lowered the dignity of house and made mockery of democratic values. After independence we are just acknowledging the political right to one half of our population. Through this constitutional amendment.
CONSUMER PROTECTION ACT AND COMMERCIAL PURPOSE
March 6th, 2010Under the consumer act only persons who buy goods and services for the own purpose are consumers. But the consumer protection act further amended that those who buy good or services for commercial purpose cannot be consumer other than those who buy those services for their livelihood. Even at that stage even Insurance companies were unable to move consumer fora for redressal of their grievances. In the circumstances when insurance companies are forced to take-up the under their obligation as a third party or entitle to file their complaint or under the agreement with their policy holder for their recoveries of their interest as a joint party. However their was always confusion that when it could be done. Last month Supreme Court shortage out right of insurance companies to move consumer for a in the case ECONOMY TRANSPORT ORGANISATION vs CHARAN SPINNING MILLS. The definition of consumer in the Supreme Court judgment held recently in the Gujrat Themis Bicon vs Subodh Gohklae that employ is a consumer against the right of the employ the provident fund contribution is not paid. Similarly National consumer commission held that student is also a consumer on non-publication of result of an examination. Even an industrial unit is also a consumer which admittedly is running for commercial purpose if the insurer decline to pay assured some in the Ritu Gram Udhyog Samiti vs. New India assurance company where factory collapse in a hail storm leading to a claim against the insurance company. It was held those insurance policies were taken covering the risk that was not for the commercial purpose. It is specific clear now that cover is specifically for the covering of the risks to indemnification of actual loss with no intention to generate profit.
Even insurance companies are consumers it is held in Charan Spinnig mills that insurance companies can claim compensation which were delivered by insurance company to the policy holder in pursuance to the contract but the consignment of the policy holder was lost in transition. It was held that insurance companies had jointly with the policy holder or with the authority of the policy holder can file complaint in the consumer for a so in this case insurance company is consumer under the emit of the consumer protection act.
BUDGET- MY WISHLIST
February 13th, 20101. Extend personal income tax limit.
2. Link growth rate with “Aam Admi”.
3. Extend budget allocation for social sector.
4. Control the price rises.
5. Make public delivery system effective.
6. Enhance the budget allocation for health sector, health system to be propublic and cheapest.
7. Link inflation with graceful life to “Aam Admi”.
8. Bring judicial reforms.
9. Provide education to all sectors of society.
10. Bijli, Pani Sadak should be priority to remote areas.
11. Generate employment.
12. Concept of welfare state should be enforced.
13. Essential services or social sector cannot be left to market forces.
14. Internal and outer security should be strengthen.
15. Provide railway networking to remote areas on the basis of socioeconomic basis.
I think Union govt. should consider above points in coming budget.
PUBLIC INEREST LITIGATION
February 11th, 2010THE year 1980 is very important in the history of PIL .When former chief justice of India MR P.N BHAGWATI initiated to give it a strong foundation in the case of P.U.CL during examination apex court realized that large section of society is unable get justice due to ignorance ,poverty, discrimination, illiteracy in fact no access to justice to provide access to justice to deprived and marginalized section of society APEX COURT encouraged PIL during regime justice Bhagwati he order to take up even ordinary post card as a PIL and movement of PIL passes various phased with right to life to the persons in jail or in illegal custody, and encompassed public grievances against environmental degradation, Quality of life, attempted to maintain probity, transparency in public life and integrity in governance. Supreme Court and high courts have jurisdiction to take so-motto contingence of any public interest for delivery of subinstantial justice.
To stop abuse of P.I.L. Supreme Court recently issued guidelines to the High courts to discourage frivolous P.I.L. by imposing exemplary cost or adopting some novel method.
BANKS ARE LIABLE FOR THEIR DEFICENCY IN THEIR SERVICE
February 7th, 2010There is a mechanism against the deficiency in banking services. Now consumer of banking services has right available to file complaint against the financial institution specifically banks for deficiency in services. It is a common practice that bank does not respond to the complaint of the consumers. Now one can approach the banking Ombudsman the quasi-judicial authority under the banking “ombudsman scheme 2006” which cover all the scheduled, primary, cooperative banks, ATM’s, credit card, debit cards, unfair practice non compliance of rules and RBI directives on interest rates, disbursement etc or any other services which comes under the RBI domain.
The complains regarding the delayed payment of cheques, drafts, non-payment or any other deficiency in the services of the banks. Consumer can register a complaint against the deficiency in the services. Around 15 ombudsmen are working throughout the country having their office located at state capitals. Consumers have to register a complaint in writing with the bank with acknowledgement if bank is unable to respond, rectify or reject the complaint or consumers are not satisfied with the bank’s reply, then affected party can register a complaint with a baking ombudsman. Even online complaint registration is also available. By logging on www.bankingombudsman.rbi.gov.in, and download the form available and e-mailed or drop at the regional office of the bank and if consumer is still unsatisfied appellate authority is also available for Redressal of grievances. A deputy governor of RBI is vested with the jurisdiction of appellate authority. The remedy also lies with the consumers Protection act 1986 for redressal of a deficency.
Agriculture production and water management
February 1st, 2010water management and agriculture production is correlated with each other and both are seems to be neglected .in India water efficiency is about 30 to 40% one of the lowest in the world as against China is55% it is evident that we requires more effective water management and conservation to enhance agriculture production .Where as71% of earth is covered with water, less then 1% is available for agriculture,driking and other use as demand for food is increasing requirement of water will simentanisly increase we are still unable to manage flood , ground water label is decreasing it is well-known fact. Are irrigation potential is estimated that 13.9 million Ha, 17.4% for minor irrigation project and 64.05 million from ground water. It is time to extend this area.
And we should enforce flood control system extend the area of irrigation and agriculture. It is surprising that we are not managing the flood water of our rivers. The river Kosi, Bhramaputra, Ganga, Son, Sharda still playing havoc while agriculture is still facing drought situation due to which agriculture production is on declining. Effecting growth of the country and food inflation is going up.
So it is right time to make crisis into opportunities manage water resources and agriculture properly.
VEHICLE INSURANCE COVER AND ITS BARRIER
January 22nd, 2010The biggest sector of litigation is connected with auto vehicle activity. Either accident or any other activity, even the old motor act of 1988 has thrown many problems. Therefore Supreme Court decided few days ago 20 issues related to this section. The questions before the apex court for immediate attention are the liabilities of the insurances companies.
1. The driver of the vehicle holding no valid license at the time of accident.
2. Passenger injured while traveling in goods vehicle.
3. Claim of guest in passenger car.
4. Over loading of vehicles.
5. Bouncing of cheque.
6. Assessment of damage to the compensate to the dependant.
7. Violation of terms and conditions of the insurance policies.
8. Sections 146, 147,149,166 of Motor Vehicle Act were also discussed in the Apex Court.
U.P state transport corporation Versus Trilok Chandra and Khusnuma versus new India assurance were also discussed in the apex court. There are already many questions referred by small benches of the supreme court for hearing it the main question is still their that even dependents are eligible for compensation. The basis of quantum of compensation even the inflation is to be account for. These all questions are awaiting clear cut mandate from law makers or the apex court. In my view these question will relieve the burden of the courts from the various pending disputes.
ENERGY CONSERVATION CAN WIPE OUT SHORTAGE AND CAN EARN 74 THOUSAND CR. RUPEES.
January 9th, 2010Mr. Ajay Mathur the Director General of Beauru of Energy Efficiency of India claim is laudable that there is a huge market potential around 74,000 Cr. Rupees for the market of energy efficiency products and services, tradable efficiency certificates. There are 714 identified units of power, fertilizers, cement plants across the 9 sectors which are energy intensive units by 1stApril, 2011 are told for specific energy code. They have to achieve over three year. However this is a commendable job in the direction of reducing green house gases. But govt. should introduce sum intensive to achieve this target.