“Once you go on welfare it changes you. Even if you get off welfare, you never escape the stigma that you were a charity case. You're scarred for life.”
Be in the vanguard of battle for rights and
Thesynergyonline Legal New Bureau
NEW DELHI, AUGUST 28 : “Philanthropy is almost the only virtue which is sufficiently appreciated by mankind. Nay, it is overrated….; and it is our selfishness which overrates it.”
The President of India, Mr Pranab Mukherjee, addressed the 24th Annual Convocation of National Law School of India University (NLSIU), Bangalore on Sunday (August 28, 2016).
Addressing the students the President said legal fraternity especially students of law, must be in the vanguard of the battle for the rights and welfare of our people. Universities like NLSIU must take the lead in meeting contemporary challenges and ensuring that our civilizational values of love for motherland, performance of duty, compassion for all, tolerance, pluralism, respect for women, honesty in life, self-restraint in conduct, responsibility in action and discipline are fully entrenched in young minds.
The President called upon the students to read, learn and formulate views on national issues. He said a democracy cannot be healthy without informed participation. It is not enough to merely vote periodically. It requires effective implementation. He called upon the students to be the change that they seek through participation in all matters relating to governance and the state.
He said engage with our beautiful, complex, often difficult and sometimes noisy democracy. Help strengthen and refine legal and political institutions. He asked them to pass on what they have learned and help others understand their rights as well as responsibilities. Help the nation create better citizens who are able to access all the opportunities that our country and society offer.
At each increase of knowledge, as well as on the contrivance of every new tool, human labour becomes abridged. Charles Babbage
SCOPE holds 2-day conference
SHILLONG , JULY 15 :
Two-day Conference on Management of Contract Labour and Labour Law Reforms was organized by Standing Conference of Public Enterprises (SCOPE) here on Friday where large number of representatives from public sector enterprises participated. Several aspects of contract labour and possible reforms for their minimum wages and social security were discussed. On this occasion, dignitaries also released the Special Issue of Kaleidoscope Magazine on Labour Law Reforms.
While speaking in the inaugural session, Dr. U.D. Choubey, Director General, SCOPE complimented Government of India for their attempt to build on over 40 number of the laws and regulations with regard to labour to practically four regulations in line with the speech delivered by Prime Minister on the occasion of Independence Day celebrations last year wherein he emphasized for “clear and precise” law.
Dr. Choubey also emphasized full cooperation by State Governments with Centre for bringing out homogeneity for labour law reforms, particularly, in view of the fact that labour is under concurrent list of the Centre and States in the Constitution of India. Migration of labour and supply chain management of goods and services was also deliberated calling for a review in the policy of protectionism by developed nations so that there is free flow of product and services.
The programme was inaugurated by Prof. M. Sridhar Acharyulu, Information Commissioner, Central Information Commission. Mr. Bipin Mallick, IAS, Additional Secretary & DG (Labour Welfare), Ministry of Labour & Employment also addressed the inaugural session.
Once your mindset changes, everything on the outside will change along with it."
Amendments to the Arbitration Act could
Thesynergyonline Legal News Bureau
And so Mr. Justice S.S. Nijjar, Former Judge, Supreme Court of India and currently governing body member of the ICA, today lamented that courts were increasingly interfering in awards passed by arbitrators, frustrating the very purpose of having an alternative dispute resolution system.
He suggested for a change in mindset or paradigm shift amongst all the stakeholders to see functioning of arbitration as an effective arbitration resolution process. It is a full-fledged dispute redressal mechanism and capable of resolving the disputes in a manner to satisfy all the parties concerned and minimize any further litigation. The amendments to the Arbitration & Conciliation Act, 1996 are salutary with an aim to make India an attractive investment destination, but it may not be possible to adhere to all the strict standards prescribed.
He further emphasized that amendments to the Arbitration Act could boost investors' confidence in India. He advocated for rigorous adoption of the amendments for better international arbitration practices, for making India as a global investor hub.
Justice Nijjar said in view of the arbitration being a complex process involving pleadings, oral submissions and evaluation of facts, the time-limits fixed in the amendments would be too harsh to maintain or adhere to.
He appealed to consumers of arbitration to look at institutional arbitration as way forward rather than arbitration done in an ad-hoc manner and the lawyers to work towards making it a full time profession if we have to emerge as the prominent arbitration hub.
He appealed for making institutional arbitration a practice and not a part time activity.
World Bank partners with Indian Council of Arbitration for Dispute Board services in IndiaClick to show. Click to hide. Click to show/hide.
Thesynergyonline Legal News Bureau
NEW DELHI, JUNE 23 :
The DB is organized before construction begins and meets at the jobsite periodically. DB
There is not much respect for the system of DB, whose decisions/recommendations are routinely rejected, and taken to arbitration, which is far more time consuming as also costlier, resulting in delays and cost overruns in project deliveries.
The World Bank has been advocating the use of the DBs as an effective and speedy means to resolve dispute in infrastructure projects so as to minimize, if not eliminate, the delays and consequent cost overruns. However, the DB system had lost its value mainly because of the mindset of the parties which led to treating the system lightly.
" India is the largest borrower of the World Bank with about 100 projects under implementation with loan commitment of about US$ 27 billion.
Contractual disputes delay the implementation of the contracts as well as increase the cost and thus adversely impact development outcomes from Projects. Even though Dispute Boards (DB) are less legalistic, less adversarial, less time consuming and less costly, DBs are not popular in India and very few government agencies use them. Even in those contracts where DBs are mandatory, Parties to the Contract resist constituting DBs or try to bypass them.
The concept of institutional support to DB system is new in this country. Under this system, the institution will provide various services for organizing empanelment of DB members, as well as updating the list of DB members from time to time, provide names of DB out of maintained panels, provide a continuous platform for training of all stakeholders including the functional employees and operating staff of the employer, the contractor and the engineer's organizations, giving guidance on issues and problems faced in the operation of DBs, assisting the parties by appointments to vacancies in the DB as per contract conditions. The institution will also monitor whether this DB is performing its functions as stipulated and as expected and point out deficiencies, if any, and improvements required by DBs and also standardizing the procedure for functioning of DBs.
ICA has consequently empaneled nearly 200 experts in different trades. Besides the first training program for the empaneled DB members as also for several other professionals in the field have also been completed. Empanelment as well as training both are ongoing processes and will be continued from time to time.
The Institutional DB services, launched this day, along with standardizing of its operations and training of DB members, holds a promise to build up confidence among all stakeholders in the DB mechanism and usher the system in a new era of timely resolution of disputes.
"Be an advocate for the people and causes important to you, using the most powerful tool only you have—your personal stories."
UNICEF India launches public advocacy
Thesynergyonline Legal News Bureau
NEW DELHI, MAY 25 :
And so UNICEF India on Wednesday unveiled the 'Fair Start' film as part of a (social) media campaign that will focus on persisting inequities that large groups of children in India face, affecting their survival, growth and development. A series of impactful films will give an insight into the lives of millions of children from various backgrounds, who are full of potential but less likely to grow up healthy and safe, less likely to attend school , less likely to learn, and more likely to be married as children.
"Advocating well with a personal story is not a call to simply "Insert Story Here."
UNICEF works closely with the Government of India and many other partners to curb the situation of the most vulnerable and deprived children, ensuring that each child born in this vast and complex country gets the best start in life, thrives and develops to his or her full potential.
Every Child deserves a #FairStart. Currently, 6.1 million children in India are out- of -school ; around 10 million children are engaged in work in India ; close to 3500 children die every day before reaching age 5 ; 42 per cent of tribal children in India are stunted in their growth and development ; and almost half the population of India, about 564 million people still practice open defecation .Girls in India deserve an equal chance in life too, but on an average 2.22 million girls marry early every year in India , and 23 per cent girls between 15-19 years of age experience physical or sexual violence .
"Often the issues faced are immensely complex in nature and cut across all layers of society", said Mrs. Den Dulk. "To make change happen a mind-shift is required. The #FairStart campaign aims at engaging the larger public in a debate and for everyone to see they have a role to play to make sure every child can have a fair chance in life".
"We have made this film with a lot of love and we hope you like it. Help us get a fair start, life. We deserve a #FairStart"
"The #FairStart campaign was quite a remarkable and prestigious project to work on for me, as well as the entire team. at avant garde Films. The most memorable thing was working with such wonderful kids from 'Bigger Than Life' NGO. They played cast and crew really well. For me, and I am sure for everyone who was a part of this project, it would be the most memorable experience and will be close to our hearts forever" – Abhishek de, avant-garde films.
Suraj: Art Director - Suraj is 10 years old. He has 3 sisters and 2 brothers. His mother works very hard selling corn. He helps his mother at her work. His father is an alcoholic and fights at home. Suraj wants to become a scientist when he grows up.
Let Panama papers noise not drown out legal overseas transactions: ASSOCHAM
Thesynergyonline Legal News Bureau
Of $1.32 billion remitted by individual residents in the fiscal 2014-15, the maximum remittance took place under the 'Gift' head ($403 million), followed by 'Studies abroad' ($277.1 million) and 'Maintenance of close relatives' ($174 million). Investment in equity/debt amounted to $195.5 million, according to the RBI data accessed by the ASSOCHAM Economic Research Bureau.
"Instead of seeing all the remittances abroad with a needle of suspicion in the context of the so-called Panama Papers, we must realise a fair amount of liberal foreign exchange regime is in operation and which is how it should be," ASSOCHAM Secretary General Mr D S Rawat said.
He said, "Let us not pre-judge the outcome of the investigations being done by a multi-agency government team. It would certainly find out what is permissible and what is not."
A resident individual can invest in units of mutual funds, venture capital funds, unrated debt securities, promissory notes etc. under this scheme. Further, the resident can invest in such securities out of the bank account opened abroad under the Scheme.
One-stop destination for business & financial news "A human being is a part of the whole called by us universe, a part limited in time and space. He experiences himself, his thoughts and feeling as something separated from the rest, a kind of optical delusion of his consciousness. This delusion is a kind of prison for us, restricting us to our personal desires and to affection for a few persons nearest to us. Our task must be to free ourselves from this prison by widening our circle of compassion to embrace all living creatures and the whole of nature in its beauty." - Albert Einstein