PRIME MINISTER’S RELIEF FUND & THE RTI ACT.

Section 4(1)(b) of the RTI Act states that every public authority shall publish the particulars of its organization, functions and duties, the powers and duties of its officers and employees, the procedure followed in the decision making process, including channels of supervision and accountability, the norms set by it for the discharge of its functions, the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions ,a statement of the categories of documents that are held by it or under its control, the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof, a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public, a directory of its officers and employees, the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations, the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made, the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes, particulars of recipients of concessions, permits or authorizations granted by it, details in respect of the information, available to or held by it, reduced in an electronic form, the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use, the names, designations and other particulars of the Public Information Officers and such other information as may be prescribed and thereafter update these publications every year.
In the case of Subhash Chandra Agrawal v. CPIO ( [2013] CIC 12093) which was decided on August 12, 2013 it was held that The details of the Prime Minister’s Relief Fund with respect to the individuals receiving assistance to it shall continue to be treated as personal information and will not be disclosed under RTI Act. It was also mentioned by the court that since the Prime Minister’s Relief Fund does not receive any budgetary assistance from the Central Government or, from any of the Central Government public undertakings and is fully made of voluntary donations given by individual citizens or private bodies. Hence, the assistance provided from this fund cannot be treated as a subsidy like the other subsidies. It was also advocated that since the individuals receiving the assistance treated this as a private document hence, the question of public display stands nowhere, here. This could have come under the purview of RTI ACT Sec. 4 1(b) only when the funding would have been from the funds of the Central Government. Thus, the petition by a RTI activist was rejected.
Information Courtesy : Supreme Court Cases.

Law Related to acquiescence

In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of their rights, while someone else unknowingly and without malice aforethought makes a claim on their rights. Consequently, the person whose rights are infringed loses the ability to make a claim against the infringer, or succeed in an injunction suit due to the infringer’s conduct. The term is most

generally a kind of “permission” given by silence or passiveness.

Overview

The common law doctrine of estoppel by acquiescence is applied when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The second party is said to have acquiesced to the claim, and is estopped from later challenging it, or making a counterclaim. The doctrine is similar to, and often applied with, estoppel by laches.

This occurred in the second Georgia v. South Carolina[1] case before the U.S. Supreme Court in 1990, when it was ruled that Georgia could no longer make any claim to an island in the Savannah River, despite the 1787 Treaty of Beaufort‘s assignment to the contrary. The court said that the state had knowingly allowed South Carolina to join the island as a peninsula to its own coast by dumping sand from dredging, and to then levy property taxes on it for decades. Georgia thereby lost the island-turned-peninsula by its own acquiescence, even though the treaty had given it all of the islands in the river (see adverse possession).

The doctrine of acquiescence although typically not found in law, is found a lot in precedent. As seen by this search of US Supreme Court rulings, the doctrine of acquiescence has been mentioned over a thousand times.

Silence is acquiescence (aka. silent acquiescence and acquiescence by silence) is a related doctrine that can mean, and have the legal effect, that when confronted with a wrong or an act that can be considered a tortious act, where one’s silence may mean that one accepts or permits such acts without protest or claim thereby loses rights to a claim of any loss or damage.[2]

 

Source : wikipedia

FEMALE CRIMINALITY – 2 (KARLA HOMOLKA)

Usually at late night, when I am done with all my work I look for horror movies online. Yesterday, while doing the same, I came across Karla Homolka. Karla is one of Canada’s most infamous female convicts. She served in the prison for 12 years. She was involved in the crimes of drugging, raping, torturing and killing young girls over a decade ago. One of those teenage girls included her biological sister too.

Lombroso in his philosophy had illustrated that females are mostly engaged in ‘crimes of passion’ and are often ‘hysterical offenders’. The overview of Karla undeniably satisfies this belief. She was the oldest child of her parents; well adjusted, pretty, smart, popular and received ample love and attention by friends and family. Nobody ever had an idea that she was hiding deep psychotic desires.

According to the study by Lombroso, the ‘masculinity’ in females is the basic ingredient which makes them the criminal perpetrators. Taking the reference of Karla’s case, I found an edge over him until I came across another finding of his. He discovered that female characteristics contributed to make women criminals ‘terrible’ than males. He further stated that female criminals in their initial stages are conservative and passive; exactly the way Karla was. When the ideal characteristics of a woman are overcome by strong passions or drives, she becomes insensitive to pain with others.

The episode of Karla was very similar to the findings of Lombroso. What horrified me the most was when she offered her own sister to her boyfriend to rape and not just this; she too contributed in the act. In the same way, she along with her boyfriend raped and killed many teens and videotaped their acts.

The story of Karla denies the concealed concepts of womanhood. A woman wears maternal instincts, she’s kind, and she’s humble and caring. A woman who is jealous and revengeful is acceptable but, a woman who lacks womanhood not only defies the social norms but also the definition of woman. She is alarming, she is dangerous, she’s a terror; and Karla was a horror indeed!

who can prosecute you to pay a challan for Motor vehicles?

while I was travelling in Delhi in my car, I witnessed policemen which were not from the traffic police was prosecuting a driver for jumping a red light, Now I wondered how a normal policemen can prosecute a driver for traffic violation, Is he has power to prosecute if not who has a power to prosecute for traffic violation. I visited http://www.delhitrafficpolice.nic.in/offenses-penalties.htm site and found the answers. The traffic policemen not below the rank of head constable can only prosecute you for traffic offence.

 

 

So next time a normal policemen prosecute you for traffic challan, do not pay any money to him as this money will go into his pocket, Instead ask him to cut a proper challan. which he will not be able to do.

The One Sided Philosophy of Female Criminality-I

Women love flowers, women love chocolates, women love all that is pink. Women are kind, caring and gentle. Women are nice and affectionate. This is the hypothesis of my research. The research question is; what brings women to criminality? Here are some very interesting philosophies about the female criminality which appealed the woman in me.

The theories on female criminality are divided into two broad categories: classical and contemporary. The classical philosophy deals with the biological and the psychological factors and the contemporary theory limits its focus to the sociological factors. According to Lombroso, women are jealous and revengeful. These set the criminality in a woman. He also stated that the female characteristics contributed to make women criminals more ‘terrible’ than males. Thomas, the other philosopher believed that women had varieties of love, and also, variety of desires of love. This desire is more intense than that in males and when they fail to feel to sense the same intense in response; this switches on their criminality. He basically pointed towards the ‘crimes’ of sexual desire.

Pollock marked about the under reporting of female criminals. He stressed on the fact that the crimes committed by women are not much detected as compared to men and along with this; the police and the court are lenient towards them. Only the few criminals who are actually the worst of all the offenders are subjected to harsh handlings. Another group of philosophers believed that women are mere instigators in crime. They seldom form the class of perpetrators. Alder held that criminality in females was a result of equality between the two genders. He also stated that criminality in females is a result of women liberation movements. The more they desire to compete with men, the more criminal intent they develop.

When I went through these one sided philosophies, I arrived at a conclusion that I am an inborn criminal. Jealousy and retaliation are the gems of my personality. Even, I crave for love and so do, every woman. In this societal setup every female battles to seek equality with her male counterpart. I am no different. The one sided research work of this philosophy has hence held me guilty.

why its easier to do illegal sand mining in UP?

1. Sand mining is a lucrative business, as demand of high quality is high than supply, naturally I will get more money per ton of sand, As government is not auctioning sand mines at faster rate so for a simple reason illegal sand mining is lucrative.

2. The punishment for illegal sand mining under minor minerals rules in uttar pradesh is 6 months imprisonment or 1000 fine or both, I rather pay fine then to apply for a permit which would take time which I don’t know, I have never seen sand mafia in jail.

 

3. No hassle of lease or pay royalty to the government in the case of illegal sand mining, its easier to pay bribes than royalty.

4.In illegal sand mining the margin of profit is high as I can mine anywhere I wish and get a high quality sand than in legal sand mining where i am restricted.

5. Checks are minimal even if there is a crackdown on sand mafia it is the DM who will be punished.

6. Only requirement is I need minimal political connection for Illegal Sand Mining, but to get a legal sand mine lease and environmental clearance not even prime ministerial connection is sufficient. Even if I get the permit than environmental activist will file a PIL on me.

In India our administrative process is so sluggish and laws are not that strict which makes it easier to do an Illegal act then to do a legal act, This is what happening in UP,where there is a perfect environment to do illegal sand mining than to get an environmental clearance.

LAW ONLINE!

Facebook helped me a lot in preparing for my law entrance. The ‘Clat Hacker’ group was indeed of great help. So were groups like NLUD Hacker, CLATGyan (https://www.facebook.com/groups/112419132179790/), Clat Junction https://www.facebook.com/groups/150062928430697/?ref=ts&fref=ts ), Aim Clat (https://www.facebook.com/groups/aimclat/ ) and many more. I finally got into a National Law School and before entering the premises of my to be college; I accidently, one day ended up liking a Facebook page ‘The Knowledge Steez’ (https://www.facebook.com/theknowledgesteez?ref=ts&fref=ts ). I never knew what this page was all about before September, 2012.
Law has always been regarded as a subject which drags you more into books. But, after the introduction of five year law courses this stream of education has taken a professional shift. The new curriculum has brought new innovations where law can be pursued within the traditional discipline and even beyond that. The experiments in the form of interdisciplinary law courses and recently, the introduction of legal studies by CBSE in the intermediate level have welcomed such products.
Law is equipped with co-curricular activities in which mooting is at the first place. Information about Moot Court competitions is available at different websites like Students at Law (http://studentatlaw.in/ ), Advocate Khoj ( http://www.advocatekhoj.com/ ), Law Mantra (http://lawmantra.org/ ) and Lawctopus (http://www.lawctopus.com/ ) . News about the happenings in the legal and the extra-legal world are available at websites like Live Law (http://www.livelaw.in/ ), Legally India (http://www.legallyindia.com/ ), Bar and Bench (http://www.barandbench.com/ ). Other activities which are a part of the Law School are MUNs, Parliamentary debates and the vey recent Mock Parliaments. Updates on these are also available on the mentioned websites.
Depicting the biased nature of the author here, I hereby return back to my story. When suddenly one day I navigated through the webpages of The Knowledge Steez (http://knowledgesteez.wordpress.com/ ), I found information regarding ‘Call for Papers’, Internships, workshops and Essay writing Competitions. After several enquiries, I eventually landed up finding out what these things actually meant and what ‘The Knowledge Steez’ actually was. In the whole course of navigation, I came across websites like Conference Alert (http://conferencealerts.com/ ) and The Social Science Informer (http://thesocialscienceinformer.blogspot.com/ ). Information on Legal Internships is also available on Click Internship (http://clickinternship.wordpress.com/ )
Moreover, the solutions of these websites are available at Facebook groups like Law Students in India (https://www.facebook.com/groups/lawstudentsofindia/ ) and Legal Point (https://www.facebook.com/groups/legalpoint/ ). For the Sake of Argument (http://sbfsa.blogspot.in/ ) is also a new beginning. And, yes Lex Speak (https://www.facebook.com/speakinglaw?ref=ts&fref=ts ) is always happy to help.

Software Patents in India

India having a vast IT sector with so many talented engineers using their software development techniques to build and innovate new software and driving the software Industry, Big companies like IBM, Google, Adobe, Samsung etc.  Having there outsourcing centers in India spend considerable amount of their budget in R&D section. There is so much competition in the market that relying on other innovation is now becoming a trend, importing technology from other research technical institution is driving the Industry, but what about the infringement.

Today software’s since being intangible is easier to steal and thus the efforts of true innovator got defeated, but how software infringement is protected and how a legal framework for a valid technology transfer can be implemented is a big question.

Indian Patent Act after its 2005 amendment in compliance with the trips agreement included products as patentable, so does that mean that software product by a company or Individual is patentable?

Well the answer is dependent upon the type of software, Since software are intangible products that means that they are not patentable prima facie, the protection of software products come under the copyright act, but copyright act protection is not enough as its very difficult to prove if somebody is using another software without license then how can one prove copyright infringement when that person is hiding its source code? Copyright is more suitable for literary works but software is more complex in its nature, A copied content from a literary work can be easily traced, But software code can be changed easily but its main functionality still be retained, so when a source code is copied and its functionality is known and it is changed keeping in view of its main functionality then copyright act is failed here.

So the question is not the source code we can protect under copyright act but can the main functionality be protected under patent act?

Now the main functionality comes under an Idea when this Idea is written it become an Algorithm, but in order that algorithm to become patentable it must solve or improve any Industrial application then it will become patentable, for example an Algorithm can be patentable if the implementation of that algorithm increases the speed of Internet by two times, If the implementation of the algorithm will enhance the digital image filtering and hence enhancing digital pictures is patentable Vicom/Computer-related invention [1987] 1 OJEPO 14 (T208/84), but algorithm merely involving mathematical operations is not patentable, The algorithm is patentable when it is linked with enhanced Industrial application.

Software alone is not patentable but when software is linked with hardware and hardware performance is enhanced then that software embedded in hardware is patentable. suppose a pacemaker software which enhance the pacemaker operation is patentable, if a software embedded in car for better  fuel efficiency is patentable, Now suppose in India if someone manufacture an OS for mobile then that OS and its subparts like camera control, Image control is patentable if that OS satisfies the definition of patents which is Novelty, innovation, enhance efficacy.

Conclusion

In India the courts have not interpreted software patents but from the law it is clear that a software clubbed with hardware or an algorithm performing enhanced Industrial Application is patentable, the main Idea of patent is that it is for tangible things and if someone develops a software and by using that software some tangible innovation happens then that is patentable.

ACT OF GOD!

The interview of Ashok Singhal by a news channel dragged all my attentions to a very important liability. With all the charm this liability is called “Act of God.” Ashok Singhal in his interview declared the Godhra riot to be an “Act of God.” Well, now the query which pops up is whether God will be punished for this offence or not.

To answer this, first of all we should know what Act of God is. Act of God is an act of God. We associate all the natural beings with god, i.e., God is nature and nature is god. In simple words, whatever are the acts of nature is the act of God. Since, human beings are also a part of nature, it may appear that human activities are the acts of the nature, i.e., by further deduction, the act of God! But, the activities under the human control have been kept outside the definition of Act of God. Hence, miracles and disasters are act of God. But, the legal definition of this phenomenon includes mainly and, only the negatives of the term. Hence, mainly and only the disasters accomplish the criteria of act of god.

Act of God thus includes natural disasters like floods, earthquake, volcano eruption, tsunami, etc. The requisites for Act of God are:
(i) Acts without any kind of Human intervention
(ii) Acts beyond the human control
(iii) Acts which are unpredictable and inevitable

Now, modern technologies have grown so much that every other disaster can be predicted and can be controlled too; at least to a certain extent. And, also the natural calamities which we face in our day to day lives is a result of human actions. This means indirectly, the act of God is the act of Human Beings and also; God resides in every human being; may be, then the act of every human being is an Act of God. Confused!

Another deduction is that since, God punishes every human being for their wrongful acts (courtesy: religious texts); therefore the acts of God should also be punished on the grounds of equity. But sadly, acts of God are not punishable under law (FOR THE Fans of OMG!) Justice denied!

Concept of Muslim Marriage and divorce

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A Muslim is called a kithabi. A Muslim has to definitely marry a kithabi that is a Muslim only a Muslim male or female cannot marry any other religious person if so done they have to be converted to Islam. The Muslim marriage is nothing but a contract while in other religions it is not a contract, this contract is called the Niqhaa Nama. Dower is given by the husband to the wife in consideration to marriage which is not generally fixed and it is upon the parties to decide. To get married the terms of the contract applies that is they have to be major, free consent, proposal and acceptance, witnesses.

When it comes to divorce the Muslim is very male centric where most of the rights of divorce are given to the male in the form of Talaq where the male can just pronounce talaq which means divorce to the wife Talaq is of two types talaq ul sunnat which consists of single pronouncement of divorce during period of menstruation and talaq ul bidhat where three pronouncements are given in single period of menstruation.

The next form of divorce is by mutual consent called Khula or Mubarath where the wife asks for dissolution of marriage by making her free from the clutches of marriage for which she accepts to forgo her dower and also gives certain consideration to him. All this is done through an agreement and only when the husband gives his consent or else the wife cannot come out of the marital ties.

The next form of divorce is through civil court for dissolution of marriage on certain grounds where the wife can ask for dissolution under sec 2 of the Dissolution of Muslim Marriage act 1939 under certain grounds like impotency, cruelty, four years absence of husband, seven years imprisonment of husband etc. Demise of one spouse is automatically treated as divorce.

Lian is a form of divorce where the husband is of unsound mind through decree of court. Ila is form of dissolution of marriage where the husband takes an oath not to have sexual intercourse where the marriage gets dissolved. Zihar is form where the husband compares the wife with any prohibited degrees of relationship where the marriage gets dissolved.

After the divorce is given in the above said forms the women has to undergo a period of idhat that is the waiting period to confirm the pregnancy of the women for 4months and during this period the husband has to maintain the wife.

To conclude the concept of Muslim marriage and mainly divorce is male centric only very less rights are given to women.

By-Taruni Banda.