Slow Shift: From Paperback to E-books

Credits: art by Mom

The physical presence of the book in our hand, the scent of the time-tested old copy wafting to our senses as we caress the worn out jacket with so many creases, which seems like the copy wants a crease for every fond reader who read it, the tinted print paper with words crafted in Garamond, an old-school appeal of the paperback and hard-bound: we all love it. 

Or, for some of them, a fresh, crisp copy- with no scribbles, no creases, no bent pages, the fresh scent of new print where the ink can still be smelt, a copy that's theirs and only theirs- is something to be loved, adored, and cherished. 

Nothing can replace it. Agreed. Yet, we have to slowly shift to the world where we buy more e-books than physical copies. Why? Here are three good reasons.

1. Save paper. The more you are willing to buy, the more they are willing to print. And, tens of thousands of people buy it, and they print tens of thousands of more copies. And, that's a whole lot of paper, there. The world is inching towards less and less resources every single day, and you can do your bit to reduce such wastage. When you think from this angle, even the most ardent fan of physical copies tend to pause and think for a moment. Do that: pause, and think a bit.

2. You never have to give away your books. You'll have them with you, and you don't have to think about a space for them. It's definitely more efficient in terms of how you can manage your books! No more do you have to worry and bother about your books not fitting within you air baggage allowance, voila!

3. Notes, Highlights, Quotes- the three best features of e-books. You can save all of them in a manner that you just need to do a key-word search to get them out in a jiffy. This can be really useful to those of us who write regularly. Vaguely remember a quote from The Little Prince on life? You'll have it ready. This is such a beautiful thing, and I really enjoy looking through these highlights and notes of the e-books I read. Amazon Kindle is great, and it neatly arranges the highlights and notes under a tab for each book. I also really like how Google Play Books creates a drive folder, and makes all the highlights and notes in a document, with each book having a different document. Such arrangement is a huge repository of wonderful, ready insights and key-points when you need them!

We are all human, and we all love to flaunt. If you sit in the class reading an Anthony Powell, it is sure to attract eyes and amp up your social image, while reading the same as an e-book won't really bring that much attention. We all love that attention, even if we aren't reading the book because of the attention. Even otherwise, we love to collect, display what we read, have a wall full of books, and all that- but times change, and the need of the world changes, and we must change, too. 

Buy from a sale of old-stock of books, but try avoiding a fresh copy. If your grand-dad has a great library, that's wonderful! Keep it. But, try to shift slowly into more e-books when you plan to buy something anyway. The supply will go down if the demand does, and that's definitely in your hands. If you still want a physical copy of something, get it, but don't make it a habit. 

I have started reading more through e-books now, and I have actually grown a liking to it. Take your time, shift slowly, but shift- because it definitely helps!

A Quick Reminder: When Did You Last Review Your Privacy Settings?

Safety is important, and safety in the virtual world is even more important. Most of us are trained to be guarded when it comes to a physical space, but we may tend to forget to keep up the guard when it comes to social media.

If we are walking on the road, and a stranger says 'hi, can I be your friend?', we'd call them a creep and walk away faster if possible. Would you say 'yeah sure, we're friends from now'? Would you open your phone and show them your pictures? Would you chat with them for hours on end without getting to know exactly who they are? If they followed your activities, would you be comfortable? Which of these factors, and how, do they change when it comes to being online?

It is absolutely true that the above cannot be exactly translated to internet activity. Yes, social media can be used to get a reach to strangers we absolutely won't be able to reach out to otherwise. But, I think it is highly important to do it consciously. A random friend request from a stranger, and people accept. Their feeds are filled with personal pictures, experiences and comments. Where you are putting up personal updates on your location, your images, your life- make sure you do it being fully aware of whom you share it with. Nobody has the right to tell you to share it privately if you want to go public, but it is your basic duty to do it consciously because with the freedom comes the responsibility we owe to ourselves.

How many of us do regular privacy checks? When was the last time you bothered to go through you privacy settings, review them, and update them? The clauses keep changing, and we often give permissions for things we don't even realize. As new features are added, some apps have a misleading trend similar to that of permission-granted- until-denied, where those small tick boxes are by default ticked on unless you voluntarily check off. 

My dad recently showed me a tweet where there images of two people, and none of them were real people. It was generated by an AI. I couldn't believe it, and as much as our technology has developed, there is no point crying about a flip side- we just have to buck up. 

You have two options: One, let it go, don't use. Two, use it responsibly and keep in mind your own safety. Cyber safety is an indispensable concept once you decide to be out there on the web. What you do, is yours and yours alone. When we think about it, it may be scary. But, all that we need to do is be conscious. That's all. I believe that a person who is not conscious about what they are doing is the most vulnerable, because when you know what you do there is always a sense of surety and preparedness, and things seldom go wrong. 

There is always help when we need. But, awareness about it all is critical. In law, there is a popular maxim: ignorance of the law is no excuse. I think this is a maxim that can be extended to this concept. Ignorance of your privacy settings is no excuse. 

All said, the internet is a wonderful place for those who are aware of things. It helps you connect and stay in touch with the near and dear ones who are in fact far, far away. It is a beautiful place to showcase and promote yourself. It is one of the best places to meet your match and caliber, and find people interested in the same things as you, transcending physical and cultural borders. It makes the world a smaller, well-knit global community. And, the virtual world is here to stay. Those who are up to date- great job! For those of us who are getting those slight doubts, shall we just go and review them again?

Stay aware, stay safe!

A List Of Necessary Reminders

Everyday now, I just wait for that usual time I have started exercising, because that seems to be the only time I ever get up from that same chair, same position for way too many days now. Being home because of the lock-down can feel normal for some, and overwhelming for some others. But, we can all agree that our step count is just downright abysmal if not for some voluntary workout. 

This lock-down has made me realize what an active life I had back in college, even without portioning time out for exercise. Ten thousand steps a day used to be something that's a consequence of just living on campus, running thrice a day from hostel to classes to mess and back to hostel, and those post-dinner walks where you just keep walking losing track of time was a blessing! Now, with the lack of all that movement, we end up looking forward to that exercise that we would have rather chosen to skip back in college. Note of disclaimer: I am not talking about those self-motivated humans who don't skip their run-days.

Please, get up and do something, if you aren't already. Two days into it, you'd probably look forward to it because it really does help taking away the feeling of "just sitting" through the whole day. On that note, here are some important reminders:

1. Drink enough water. Less movement may make us less thirsty. But, your body still needs to stay hydrated, especially with the oncoming summer. 

2. Wear proper outfits for your workouts. If your workout needs a shoe, then wear it. If your workout needs a mat, then use it. Do not do any make-shift jugaad when it comes to workouts. Getting injured is not worth it. And also, this might just be one of the worst times to get injured.

3. Eat well. Don't skip meals. Again, staying put, without any workout can make you feel that you aren't really hungry, at least for some of you. Eat healthy, eat smart, but eat. 

4. Get all the beauty sleep that you need. This is the time where you can't blame work instead of the lousy sleep habits. Yes, once it is a habit, it is difficult to change. But, you have the time to try and fall into a better habit!

5. Do things you always wanted to. It may not be productive, but this is probably a guilt-free time to try it out. So don't hold back!

6. Finally, go stand outside on your terrace for a while maybe. Your body needs the sun!

Let us all act sensibly and responsibly. Let us try to be empathetic. Nobody can force us to do something that the world feels is good, but we definitely owe it to the world not to do what we know is wrong. 

Wash your hands, stay in, stay safe and, most importantly, take care of yourself!

Can You Live Without Your Phone?

No, this is not a post where I am going to lecture you on the beauty of life without your eyes constantly glued to the phone. Nope, I am not your mom. But, hey, once in a while, maybe listen to her? 

Can you live without your phone? Interesting question. Well, technically yes. We are all so consumed with our lives, an integral part of which is our phone, but we can very well stay alive without it. However, what I meant through the question is whether other devices can compensate the functionalities of your phone? If not a phone, could all other necessary activities be completed through your laptop, or any other device at home? And, the answer to that question differs from person to person. I am here to only talk about my experience. 

For a start, let me introduce you to my Lenovo K8 Note, a ragged looking two year old that I dropped way more than once, and she has deep scratches and chips all over her screen. However, like a lady wearing make up, she has over her broken screen a nice layer of the finest tempered glass (which I have successfully managed not to break yet). She has been working fine, until one day she just went off. She went a little cranky, and hard reset herself and I lost all data. The phone just powered off for reasons that is beyond my technical comprehension. And, truth is, this can happen to any device, anytime, anywhere, and is just beyond control.

Of course, this entailed a whole day of fervent prayers, and repeated attempts to boot it up, in vain. The phone has been off for the past few days. And, could I live without a phone? At first, I needed a couple of messages that was supposed to go to the phone number, and the phone was off. Solving that was easy, I just had to remove the sim and use it on my dad's phone that had a dual sim. And, the rest? Whatsapp is the only other app that I need a phone for. Otherwise, everything just works fine on the web. And also, Whatsapp thankfully is not an essential for me.

Since young, my dad had always insisted that we back up everything on the cloud. And, that has always stood me in good stead. While the hard reset erased all the data from my phone, I did not in the real sense lose anything. 

have to say google accounts with sync across all devices is pretty cool- especially when your phone crashes in less than a second stubbornly refusing to power up again

— Sandhya Varadharajan (@sandhya_varadh) April 2, 2020

I also happen to own Asus Chromebook that supports android applications. So, for me, life has always been on the cloud with Google. I can tell you from experience that backing up on a cloud platform is the best thing you can do to keep your data safe and accessible all the time. 

Also, the phone crash obviously brought about some basic lessons lectured by my dad, who has a knack of coming up with the right opportunities to teach you something that might be necessary as a basic life lesson. This phone crash can happen anywhere, anytime. I was at home, so it was easier to handle it. It can happen during travel, in a new city that speaks an unfamiliar language. It is always important to be prepared for such situations. Always carry important numbers/addresses with you on a physical copy of paper. Always know by heart the numbers of your closest contacts that you might want to reach out to anytime- which could be your children, parents, spouse, anybody. 

It is so easy for us today to be completely under-prepared when a gadget fails, especially one as important and integral in our lives as a phone. 

So, the moral of this story: essentially, and always, be prepared.

Unconscionability In Contracts

Unconscionability can be seen as the use of context, not to interpret the promise, but to decide whether the promise should be enforceable. It is generally considered the buyer's responsibility or the responsibility of the person who carries out the contract to fully understand the terms of the contract (caveat emptor). But, according to Walker-Thomas II (US Case), "When a party of little bargaining power, and hence little real choice, signs a commercially unreasonable contract with little or no knowledge of its terms, it is hardly likely that consent was ever given to all the terms."

Unconscionable contracts are structured in such a way as to benefit one party and to place harsh, unfair, unreasonable conditions on the other. The unconscionable contract is one which is so gross and unfair in the light of the time and place, and the market standards that it can not be implemented. The unconscionability doctrine enables the court to interfere in the parties' contractual arrangements and change such agreements.

The 199th Law Commission report talks about two kinds of unconscionability in contracts:

1. Procedural Unconscionability: A contract or a term is procedurally unfair if it has resulted in an unjust advantage or unjust disadvantage to one party on account of the conduct of the other party or the 5 manner in which or the circumstances under which the contract has been entered into or the term thereof has been arrived at by the parties. (Recommendation of Law Commission of India, 199th Report)  

2. Substantive Unconscionability A contract or a term thereof shall be treated as unfair if the contract or terms thereof are by themselves harsh, oppressive or unconscionable. If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (Recommendation of Law Commission of India, 199th Report)

In several cases, where the transactions are absolutely unconscionable, Indian courts have stringently come out with a firm hand to annul such transactions. For example, consider a situation when one party is in an extremely powerful and controlling position, and the other is a very weak party, for a consideration that is manifestly poor and grossly insufficient. If they enter into an arrangement to transfer a land in a way that even a common man would not hesitate for a moment to comment that the weaker party has been fully duped, then the unconscionability rule has been used by the courts to ensure that the strong party is not permitted to push the weaker party to the ground.

Unconscionability is a valuable and necessary defense for smaller groups of businesses/producers, especially when they are entering into contracts with huge companies. I have personally come across a case of a small client overridden by a big company, that I worked on closely in my previous internship, and the unconscionability of their contractual clauses was one of the key pleas that the firm placed on behalf of the client.

Regulation Of Seed Sale Price In Tamil Nadu

Tamil Nadu has a population of approximately 6.8 crores. Of the total population of Tamil Nadu, around 51.60% live in the villages. With more than half the inhabitants of the state living in a rural setup, it is logically inferred to any prudent mind how important the sphere of agricultural balance and prosperity is, knowing well that agriculture is the primary rural occupation, and is the backbone foundation of economic development in the rural areas.

When it has such stature and importance in the running of the lives of all, it is only natural that there is a genuine and considerable legislative effort to protect the occupation, and those primarily involved in it, from any gross and unconscionable injustice that would severely affect the flow of the occupation and hinder development.

In India, various laws exists to protect the rights and interests of the farmers, who are the primary subjects involved with agriculture. Some of the Acts and Rules include the following: Seed Act, Seed Rules & Amendments, Seed (Control) Order, New Policy on Seed Development Plants, Fruits and Seeds Order, Plant Quarantine Order, Protection of Plant Varieties and Farmers Rights Act, the Protection of Plant Varieties Rules, National Seed Policy, Seed Bill Regulatory measures specific to transgenic seeds, etc. These are primarily National legislations applicable to the whole of India, which intend to regulate and protect various aspects of this field such as quality, production, sale of agricultural products and necessities. It is pertinent to note that each state has their own commissions/rules/procedures, adhering and under these national frameworks, to suit the requirements and demands of their land.

Through careful, diligent and active steps, India has managed to become self-sufficient and has achieved the goal of food security. But, the state of farmers in India and their condition of poverty has neither improved nor shown any sign of progress. A shocking study published in The Tribune (updated as on 2017) reveals that every third farmer in India belongs to the Below Poverty Line (BPL) category. It is high time for us to stop a moment and reflect why and how, when the national food security has been achieved, the primary role players in the scene- the farmers- are left to be in still in the condemned state of extreme poverty. 

Therefore, it is to be kept in mind that the aim of the legislations are double-fold:

1. to work towards achieving a goal in the line of progressive national interest,

2. to work in the interest of the betterment and development of the primary stakeholders, the farmers (specifically small and marginal farmers). 

Seeing there is a clear lack of legislations to regulate the prices set by the private sector industries in the sphere of seed production and sale, there is very little scope for remedy through a judicial seeking. Therefore, to remedy the gross loopholes of the present situation, the best possible route would be to approach the Government for sensible regulations of the same. 

The Seeds Bill, 2004 which seeks to replace the Seeds Act, 1956, and to provide for regulating the quality of seeds for sale, import and export and to facilitate production and supply of seeds of quality and for matters connected therewith or incidental thereto, has still not been passed. 

PSCA has recommended setting up a statutory body for fixation of price of seed by incorporating appropriate provisions under Clauses 5, 11, 15, 22 and 25 of the Bill. 

Therefore, a plausible solution to this growing problem would be:

1. To set a dynamic upper limit for the costs for the private sector seeds considering their gains from the patenting of hybrid varieties and appropriation of gains;

2. To not allow arbitrary setting of prices that are unconscionably greater than the prudent market prices;

3. To make provisions for a said legal authority to analyse technical developments by the private sector companies to the seeds, and supervise the price regime. It is to be noted that the what is advocated is not a complete and iron-hand control of the prices of the private sector that will work as disincentive to healthy competition, but only a prudent regulation with more than decent scope for their profits;

4. To enhance the powers of the Seed Inspector to be able to check and report grossly high prices;

5. To regulate the royalty fee in the cases of proprietary technologies and GM seeds, taking into consideration costs for R&D, etc.

These would not only work towards national interest of food production and security, but also the greater interest of the farmers who are the primary stakeholders. 

Thus, the balanced aims of the upcoming policies between these two will ensure a steady progress in not only in agricultural development, but also economic development and better human standards of living.

Beat The Heat: How To Stay Hydrated

To stay hydrated is important all around the year, and all through the day. Here are some things you can do to ensure that. 

1. Always carry a water bottle wherever you go. Make sure you have water filled in the bottle. 

2. Eat fruits, especially juicy, watery ones. Have a lot of cucumber/tomatoes/watermelon, and the likes.

3. Drink fruit juice. 

4. Have lemonades- you get your share of boost in immunity, you stay hydrated and it is very tasty.

5. Have buttermilk(chaas/mor), if you like it. It's tasty, easier to have a lot, and basically a lot, lot, lot of water. 

Also, have other items that help maintain such hydration, such as radish, strawberries, papaya, spinach, lettuce, curd, and others. Don't forget the magic of tender coconuts! Even having soups with your meals can make it tasty, and also add water content in your body. Avoid foods that have too much salt or sugar in them. A little bit of both helps, but an excess just makes you more thirsty and feel a little dehydrated.  

The key is to have a conscious, continuous intake of water and water-based foods. Drink a lot of water before you go to bed, so that you don't wake up feeling dehydrated in the morning- 7 or 8 hours without water is a lot (not to mention some of us sleep way more than that)!

This summer, beat the heat, and stay hydrated!

Forensic Science and Medico-Legal Jurisprudence: A Reflection Since Ancient Times

The use of forensic techniques has been existent throughout history to solve crimes, initiating from the early existence of man. Forensic Science was intact in its simplest forms and kept on expanding throughout the prehistoric era. Prehistoric forensics is also considered as the building blocks of modern forensic techniques. 

Alfred Swaine Taylor’s Principles and Practice of Medical Jurisprudence (1865) expounds the concept of Medical jurisprudence, and also forensic medicine, legal medicine or state medicine, as the science which teaches application of every branch of medical knowledge to the purpose of the law.

The term ‘forensics’ is derived from the Latin word forensis. Forensis essentially means ‘of the forum’, which in ancient sense referred to where civic and legal matters were up for discussion. Though the terms ‘medical jurisprudence’ and ‘forensic medicine’ have been used interchangeably by many at many different places, there is a thin line of differentiation that segregates one subject from the other. 

Medical Jurisprudence essentially refers to all those questions that affect the social right of individuals and brings the one who administers medical advice, the medical practitioner, in contact with law when there is a violation of right that the victim suffers. In simple terms, medical jurisprudence is the legal aspect of medical practice. Whereas, forensic medicine is the application of legal aspect of medical practice to given situations or circumstances. This thin line of difference is usually muddled up, when actually these terms are supposed to be used technically and in a highly discreet manner. 

Another important branch that comes under the wing of forensics and medical jurisprudence is toxicology. Toxicology is the study of symptoms, diagnosis and treatment of poisons, and methods of detecting them. 

Combining the understanding of these basic terms, the application of such technical knowledge can be seen through the ancient Indian medico-legal treatises and works that break down the essentials of these advanced sciences to the minute level.

Ancient India was one of the golden ages of scholarly developments. Various treatises, literature, textbooks and other scholarly forms of original work were written and published during this time period. These intellectual pieces of writing covered a spectrum of issues and topics that was required to aid and guide the people or the government. Also, this was the period where the concept of state formation, and thus a unified regulation, came up and hence, elaborate details on sensitive but highly relevant issues such as crime and justice, were penned down. 

On a similar tone, issues on forensic medicine or examination of sudden death was also elaborately dealt with in the ancient texts. After reviewing the articles and various primary and secondary sources provided by scholars of different time periods since then, we come to acknowledge the fact that ancient India in its time was much ahead in forensic sciences as compared to other countries of that era.

The legal reception of forensic identification science varies from one legal system to another, and one culture to another. The processes and systems that exist today in India in the fields of medical jurisprudence, forensic medicine and toxicology, are derived strongly from the various scholarly texts of its rich and abundant historical literature and culture. It reflects the highly civilized and extremely educated characteristics of the ancient society of India. It reflects that India has always been a progressive nation giving great importance to scientific procedures, logical and legal soundness. Thus, by studying and analysing such primary sources of invaluable knowledge from indian predecessors, the science of forensics must grow and improve to fulfill the prima facie aim of imparting justice, overcoming hurdles such as corruption, to the sufferer.

NOTE: Image is that of Charaka Samhita. 

The Concept Of An Extended Workplace Under India's POSH Act

The POSH Act, in short for Prevention, Prohibition and Redressal of Sexual Harassment at Workplace Act, 2013, introduces the concept of ‘extended workplace’ covering under its ambit any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such a journey. Hence, any form of harassment at a company-sponsored event whether within or outside of the normal working hours would also fall under the scope of the POSH Act.

It is now well accepted that a workplace is any place where working relationships between employer and employee(s) exist, going beyond the physical boundaries of the primary workplace or office building. 

A workplace is defined as- 

“any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey.”

As per this definition, a workplace covers both the organised and unorganised sectors. It also includes all workplaces whether owned by Indian or foreign company having a place of work in India. 

Workplace is any place where “working relationships” exist and, in addition to your office, it also constitutes workplace of an external client, premises of other organisations, hotels, restaurants, and other venues during official functions/events, workstation of other employees, lifts in the building, Restrooms/toilets, corridors, canteens/cafeteria/entertainment zone, official tours/field visits etc.

As per the Act, workplace includes: 

- Government organizations, including Government company, corporations and cooperative societies;
- Private sector organisations, venture, society, trust, NGO or service providers etc. providing services which are commercial, vocational, educational, sports, professional, entertainment, industrial, health related or financial activities, including production, supply, sale, distribution or service;
- Hospitals/Nursing Homes;
- Sports Institutes/Facilities;
- Places visited by the employee (including while on travel) including transportation provided by employer;
- A dwelling place or house. 

The Act defines the Unorganised Sector as any enterprise owned by an individual or self-employed workers engaged in the production or sale of goods or providing services of any kind, or any enterprise which employs less than 10 workers. All women working or visiting workplaces

In Gaurav Jain v. Hindustan Latex Family Planning Promotion Trust and Ors. the court clearly upheld the scope of the act to include protection to women when on an outstation visit with respect to or in relation to work. 

In Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University, the Bombay High Court pointed out that the definition of 'workplace' is inclusive and deliberately kept wide by the Parliament to ensure that any area where women may be subjected to sexual harassment is not left unattended or unprovoked for.

Though such effective, and clear remedies are available in the laws, it is important for us to be aware of our rights, and the remedies we can seek in case of a mishap. The rate of cases successfully obtaining remedies under the POSH Act has also been proved highly effective. 

Learning the rights and duties under the law is important for all, as these rights and duties are endowed only upon us. As the legal maxim says: ignorance of law is no excuse, and we have a duty to know our rights and obligations.  

"We, The People Of India"

The most significant and beautiful part of our extensive and elaborate Constitution of India is its Preamble. We, the people of India, gave to ourselves a wonderful, forward-thinking, and progressive nation when we imbibed the fundamental traits of being a sovereign, socialist, secular, democratic republic nation that will forever strive to uphold justice, equality and fraternity in our Preamble to the Indian Constitution. And, "we, the people" gave all of this to ourselves, according to the preamble itself. And, are we sure we all know the preamble well?

We, the people, have committed to ideals that we will hold on to as citizens of India. We, the people, still can't be sure that all of us know what the preamble actually says. What a shame! My law school has a huge display of the preamble in our campus, and it is one of the most favourite spots of all in the University. On to one side, there is the library that holds the wisdom beyond, and under the preamble, is a humble space for all to think, act, and imagine freely true to the ideals of liberty and justice enshrined in the Preamble. 

The Preamble serves as a guiding light for the Constitution and judges interpret the Constitution in its light. It indicates the sources from where the constitution has come: the people of India. It declares the freedoms which the people of India intended to secure for all citizens, and the basic type of government and polity which is to be established. In another words, preamble as such is widely accepted as the quintessence and spirit of our Constitution, as it embodies the fundamentals as well as the vision and commitment of a newly liberated nation, after its passing through the inevitable birth pangs of national independence from an oppressive and colonial regime. 

Kesavananda Bharti v. State of Kerala is an important, landmark judgement in India. D.G. Palekar, J. held that that "the Fundamental Rights are an elaboration of the Preamble, as an overstatement and half- truth". Undoubtedly, the Constitution is intended to be a vehicle by which the goals set out are hoped to be reached. In the opinion of H.R. Khanna, J. "the preamble is a part of the Constitution and walks before the Constitution”. S.D. Dwivedi, J. expressing his concurrence with the conclusion arrived at by A.N. Ray, J., held that the "Preamble was a part of the Constitution because the heading “The Constitution of India” was placed above the Preamble". It is also helpful to note that Justice Dwivedi has held the Preamble to be a part of the Constitution and then also referred to it as a provision of it.

Such is the importance of our Preamble, and it places upon us a self-assigned duty to uphold India's constitutional values as its citizens. It is also sad truth that most barely know what the Preamble says, and what those words mean in their true spirit. The Preamble is not a legal document for just lawyers to quote, judges to refer, and law students to study. It is, in fact, everything that the Indian nation is, and should be. 

Feeling a little doubtful about the Preamble after reading this post? Let's go back, and read it once!

Focus Points For Growth As A Society

Any government has multiple roles and responsibilities. Topping them is the duty to provide healthcare facilities to all, and also empowering the nation through measures taken towards education for all. 

Good health and basic education are the fundamental keys to development. While good health is indispensable for life itself, a good education is the one that can take the society forward. A healthy body and healthy mind, makes people more cultured and mature. It promotes healthy thoughts, and makes people broad-minded. Education is the key to tackling various social issues that we face in the world today. In a world where advancement and newer technologies spell the future, it is important that a nation promotes active learning and empowers the youth. It is important that the government prioritizes and utilizes its resources in providing these two basic necessities to the nation. 

Art and culture is something that makes the society. Culture is what the society is, and art is what such a society expresses in its own ethnic forms. Since they are inherent traits of any society, they are capable of surviving even if the government doesn’t spend too much resources on them. Art and culture are passed on from generation to generation. They are important too, but do not take a place above crucial factors such as health and education in the priority table. 

Finally, what is the use of a culturally rich nation which is way backward when it comes to parameters such as health and education. What we should understand is that education promotes art and culture. Not the vice-versa. So, by spending more resources on health and education, we not only enhance the literacy level but also the cultural aspect of the society. Thus, the government should definitely spend more resources on health and education than on art and culture.

Sri Pingali Venkayya- The Man Behind Our Tiranga

I wrote this essay for a competition when I was in school. I did not know who Pingali Venkayya was before that, and felt pretty ashamed when I came to know that he is the man behind our national flag- Tiranga. I thought that I might have already put it up on my blog, and wanted to share the post today. But when I found that I hadn't, I wanted to share the essay, on account of India's 71st Republic Day, today! Happy Republic Day, and happy reading! Jai Hind!

Every free nation of the world has its own flag. It symbolizes the ideals that a country fundamentally stands for. At all national meetings, festivals, and occasions, it is the national flag that flies high. It is by the national tricolour, the tiranga, that India has its identity. Waving the national flag creates a sense of unity and patriotism in the country. Be it a cricket match, or a national event, the tricolour flag of India flies proudly. It is hoisted in the Red Fort every year by our President and Prime Minister during Independence Day, 15th August, and Republic Day, 26th January. And, this flag is a slightly altered form of Sri Pingali Venkayya’s design of the Indian National Flag.

Sri Pingali Venkayya was born in the village of Bhatlapenumarru, Krishna district, near Masulipatnam, Andhra Pradesh. After finishing his schooling at Machilipatnam, he went to Colombo for further studies. He first met Mahatma Gandhi while he served for the British in the Anglo-Boer war, fighting for the British, in South Africa. He was kindled and inspired by Gandhi, and was also greatly influenced by his ideas. He became a Gandhian.

During the duration of five years that Sri Pingali Venkayya stayed in North India, he actively participated in politics. After the 1906 Congress session with Dadabhai Naoroji, Pingali Venkayya manifested himself as an activist. 

During the National Conference of the Indian National Congress, Sri Venkayya came up with the proposal of having a unique flag for the Indian National Congress. Mahatma Gandhi liked and approved of Pingali Venkayya’s idea. He asked Venkayya to design a flag himself. Sri Pingali Venkayya proposed the tricolour(tiranga)- saffron, white and green- with a chakra or spinning wheel in the centre. This design was the basis for the National Flag of India. 

Our National Flag, in the form that it is now flown, was adopted during the meeting of Constituent Assembly held on the 22 July 1947, a few days before India's Independence from the British on 15 August, 1947. It served as the national flag of the Dominion of India between 15 August, 1947 and 26 January, 1950, and became the flag of Republic of India after that. The term "tricolour" or “tiranga” refers to the Indian national flag.

What do the three colours, that Sri Pingali Venkayya created for the Indian flag, represent?

The saffron colour represents courage, the white colour represents truth and peace, and the green colour represents faith and Prosperity. The saffron represents the Hindus, the white represents the Christians, and the green represents the Muslims, creating a unity among the three major religions of the Indian population. The Indian National flag is a perfect model representing an “Independent”, “Republic” and “Secular” India. It is the pictorial representation of the Nation.

Sri Pingali Venkayya definitely has to be attributed for creating the idea and design, on the basis of which our present National Flag of India has been created. It has been so many years since the adoption of our Indian flag, and still the flag is hoisted up creating a strong bond among the Indians. The tiranga unites the diversity of India.

Knowing about Pingali Venkayya’s contribution to the nation, and the important relevance it has in our nation today, will serve the purpose of institutional memories of the nation and the Freedom Struggle, to keep the youth of India motivated and inspired to stand up to basic values. This will help the youth to participate actively in Indian politics, and also be responsible citizens of India, upholding the constitutional values that India's flag stands for.

A to Z: On How To Create A Sustainable Change

Image from Sustainability Illustrated

Apple fell on Newton's head, and then suddenly we all realized the concept of gravity. 

But, gravity had always existed, and continued to exist. 

Can we draw a parallel, and say that be it discoveries or imagination it always derives its source from what already exists? 

Do you think humans have the capability to create something that in no way existed before? 

Every object we know, though the object might have been new at some point, is made up of stuff that we know and exists. 

For instance, let's consider the creature of imagination: unicorns. 

Given the fact that we know of the existence of horns and horses, we pieced together two elements that exist to imagine something that doesn't. 

How and what, then, do we pride ourselves to have discovered?

Is the various combinations, of what already exists that we piece together, something to feel accomplished about?

Just a few seconds of thought is enough to realize that humans can just shape what is given to them, and not create anything novel. 

Knowing this, is it fair for us to deplete the resources that we have?

Life would come to a standstill, if the resources we have are not used effectively.

Mankind is an intelligent species, and such intelligence is a double-edged sword. 

Not so long ago, our ancestors seemed to have lived in a world that was replete with resources, and within the short time, we have managed to cause exponential depletion in the name of development.

Our duty, as responsible citizens of, I will not say the world, our own locality, is to make sure that our neighbourhood understands the impacts of irresponsible behaviour, and starts to pay heed to the environment and its resources.

Panacea to this ill is to use the well known principle of 5 R's.

Question your neighbourbood on their practices, and promote small changes for a better future.

Refuse, reduce, reuse, recycle, and rot- all possible products in your neighbourhood.

Stay within your neighbourbood, that's where you can effect a change and actually contribute. 

To help the world, you first need to help yourself, so don't just preach sustainability, you also need to follow it.

Unless every neighbourhood feels the need to change, and also implements change at small levels, there is no way a change can be seen at a city level even, forget the world level.

Very effective ways to help people get into the groove of the 5 R's of sustainability is to start them at schools, work spaces, hotels, restaurants, where there is a lot of scope to do so. 

Where there is a will, there is a way, after all. 

Xerox of documents and unnecessary printouts can be avoided in today's world of technology, so do it only when necessary. 

You need to be the change you want to see.

Zeal is all that is required!

How Accountable Is A Bank For What You Keep In The Bank Locker?

Most, if not all, of us have bank accounts. And, one of the most common facilities that a customer opts in the bank where he/she has an account is availing the "Locker" facility. But, what if one day, somehow mysteriously your stuff in the locker go missing? Can you hold a bank accountable? Can you ask them to compensate you? Or, are you left to cry in a corner?

A banker and a customer share many types of relationships depending on what type of service the customer avails. When you have a locker in your bank branch, the locker is treated as a fixed, immovable property, thus creating a lessor-lessee relationship between a banker and a customer. A lessor is someone who leases or lets out a property to another. To put simply, bank is like the landlord for that cubical space of the locker you keep your stuff in, and you are just using the leased out property. 

Section 105 of the Transfer of Property Act defines the term "lease". There are four key criteria for an act to qualify as a valid lease.

1. Lease can be with respect to ONLY immovable property. Here, as already said, the vault/locker is treated in law as a fixed and immovable property. 

2. Possession of the immovable property must be transferred from the lessor to the lessee. Now, how is this happening in the case of the bank locker? All of you who have a locker facility in a bank, or have seen the locker of a bank, would be aware that when you avail a locker facility, the bank provides you with a vault wherein there are two keys, or a double lock which has to be opened. One, is a key that you would possess, and the other is a key that the bank will keep. It is virtually impossible for the bank to open your locker without you and your key. Thus, this is qualified to be called a "transfer of possession" under law as you have the access to the vault and the bank does not. 

3. Possession is transferred for peaceful enjoyment for a specific duration. Simple enough. When you have a locker, you are allowed to keep whatever you wish so long it is not anything illegal. And, this facility is not forever. You are bound by a specific duration as agreed by the contract signed between you and the bank at the time of availing such facility. 

4. Possession can be transferred only in favour of some rent/premium. The bank doesn't offer their locker for charitable purposes. Nor do they give it to you for free because you are their valuable customer. If they did, it wouldn't qualify as a lease. The bank charges the facility usually through premiums, or periodical rents. 

Satisfying all the conditions required by the Transfer of Property Act, there is no question or doubt on the fact that the locker facility is a lease. Then, if there is anything missing from what you kept in your locker in the bank, is the bank responsible?

The law says no. A lessor is not responsible for anything that happens in the immovable property when the possession and enjoyment of the property is with the lessee. Unlike a pawnor-pawnee relationship, or a bailor-bailee relationship, the lessor-lessee relation gives more freedom to the lessee to do what he/she wants with the property, but at the same time reduces the liabilities of the lessor. So, if there is something gone missing, what is to be done? An FIR or stolen/missing property can be filed by the bank and the customer, and wait for the investigations to come. But, a customer can't proceed with any action against the bank, unless negligence from the bank's side can be proven. If, for example, the bank had allowed access to your vault negligently without confirming identity to someone who is not you, then maybe there is a chance to make a case against the bank. Unless you can pin on something that is under the bank's control and which the bank ought to have done, there is no way a bank would compensate for your loss.

Then, why do so many people avail the bank locker facility? I guess it's because there is a general feeling that the property you keep in bank lockers are definitely more safe than keeping at home, because of the additional security there, which makes sense as the banks account and keep track of every move of those accessing lockers. 

To conclude, it is important to know the various different rights you have with your bank, and also know what rights you don't have.