ಮೋಕಾ ಕಾಯ್ಡೆಯಡಿಯಲ್ಲಿ ಹಾಗೂ ಕೆಲವು ದರೋಡೆ ಪ್ರಕರಣಗಳಿಗೆ ಸಂಬಂಧಿಸಿದಂತೆ ಮಹಾರಾಷ್ಟ್ರ ಸರ್ಕಾರವು ಮಾಜಿ ಗ್ಯಾಂಗ್ ಸ್ಟಾರ್ ಹಾಗೂ ಅಖಿಲ ಭಾರತೀಯ ಪಕ್ಷದ ಮಾಜಿ ಶಾಸಕ ಅರುಣ್ ಗಾವ್ಲಿ ವಿರುದ್ದ ದಾಖಲಿಸಿರುವ ಎಫ್ ಐ ಆರ್ ಗಳನ್ನು ವಜಾಗೊಳಿಸಿ ಮಹಾರಾಷ್ಟ್ರ ಹೈಕೋರ್ಟ್ ನೀಡಿದ ತೀರ್ಪನ್ನು ಸುಪ್ರೀಂ ಕೋರ್ಟ್ ಎತ್ತಿಹಿಡಿದಿದೆ.
ಹಿನ್ನಲೆ:
ಆರಂಭದಲ್ಲಿ ಬಾಳಾ ಠಾಕ್ರೆ ಮತ್ತು ಶಿವಸೇನೆ ಪೋಷಿಸಿ ಬೆಳೆಸಿದ ಕುಖ್ಯಾತ ಕ್ರಿಮಿನಲ್ ಅರುಣ್ ಗಾವ್ಲಿ ನಂತರದ ದಿನಗಳಲ್ಲಿ ಶಿವಸೈನಿಕರ ಮೇಲೆಯೇ ದಾಳಿ ಎಸಗುತ್ತಾ ಶಿವಸೈನಿಕರಿಗೆ ನುಂಗಲಾರದ ತುತ್ತಾಗಿದ್ದ. ಪ್ರಾರಂಭದ ದಿನಗಳಲ್ಲಿ ದಾವೂದ್ ಇಬ್ರಾಹಿಂ ಹಾಗೂ ಚೋಟಾ ರಾಜನ್ ಜತೆಗೆ ಸಂಪರ್ಕವಿರಿಸಿಕೊಂಡಿದ್ದ ಅರುಣ್ ಗಾವ್ಲಿ ಮುಂಬೈ ಸರಣಿ ಬಾಂಬ್ ಸ್ಪೋಟದ ನಂತರ ಹಿಂದೂ ಡಾನ್ ಆಗಿ ಪರಿವರ್ತನೆಗೊಂಡು ಶಿವಸೈನಿಕರ ಕಣ್ಮಣಿಯಾದ. ೧೯೯೭ ರಲ್ಲಿ ಈತ ಶಿವಸೇನೆಯಿಂದ ಹೊರ ಬಂದು ಅಖಿಲ ಭಾರತೀಯ ಪಕ್ಷವನ್ನು ಸ್ಥಾಪಿಸಿದ. ಹಲವಾರು ಪ್ರಕರಣಗಳಲ್ಲಿ ಸುಮಾರು ವರ್ಷಗಳ ಜೈಲೂಟ ಉಂಡಿರುವ ಅರುಣ್ ಗಾವ್ಲಿ ಸಾಕ್ಷ್ಯಾಧಾರಗಳ ಅಭಾವದ ಲಾಭವನ್ನು ಪಡೆದುಕೊಂಡು ಈಗ ಶಿಕ್ಷೆಯಿಂದ ಪಾರಾಗಿದ್ದಾನೆ.
Monday, 30 August 2010
Sunday, 21 March 2010
Sign the Green Peace Petition Against the Civil Liability for Nuclear Damage Bill
Our government is churning out one hazardous bill after another. This time it is a bill called the Civil Liability for Nuclear Damage, and it's coming up for a vote in a couple of days.
The bill lets U.S. corporations off the hook for any nuclear accidents they cause on Indian soil. They'd only have to pay a meager amount, and Indian taxpayers would be stuck paying crores for the nuclear clean up and to compensate the victims.
Without any public debate, the Prime Minister is appeasing American interests and ignoring our safety.
Greenpeace is launching a petition asking the PM to hold a public consultation before introducing the bill.
I have already signed this petition. Can you join me?
http://www.greenpeace.org/india/nuclear-bill/?tyf=1
The bill lets U.S. corporations off the hook for any nuclear accidents they cause on Indian soil. They'd only have to pay a meager amount, and Indian taxpayers would be stuck paying crores for the nuclear clean up and to compensate the victims.
Without any public debate, the Prime Minister is appeasing American interests and ignoring our safety.
Greenpeace is launching a petition asking the PM to hold a public consultation before introducing the bill.
I have already signed this petition. Can you join me?
http://www.greenpeace.org/india/nuclear-bill/?tyf=1
Thursday, 11 March 2010
Digital Signature and its Significances
Digital Signature Certificate
Digital Certificate serves as one's identity in the Electronic world. Just as a Voter ID or a DL is used to uniquely identify individuals in the physical world, digital certificates are used to identify entities in Electronic transactions. This concept is based on Public Key Cryptography, these Digital Certificates associate every entity with a unique pair of credentials - the public key and the private key. Only the owner of a Digital Certificate has access to the private key and can use it to digitally sign and encrypt any digital information such as emails, forms, files etc.
Digital Signature Certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. As mentioned above this Certificate serves as proof of identity of an individual for a certain purpose; for example, a driver's license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally.
Importance of Digital Signature Certificate
There are several e-forms which are required to be signed digitally using a Digital Signature Certificate. For Example:-
Filings at Ministry of Corporate Affairs, Company compliance, other statutory compliance at government authorities.
Digital Signatures are legally admissible in a Court of Law, as provided under the provisions of IT
Issuing agencies
A licensed Certifying Authority (CA) which is granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000 issues the digital signature. The following are the agencies which issue DSC.
Tata Consultancy Services (TCS)
National Informatics Center (NIC)
IDRBT Certifying Authority
SafeScrypt CA Services, Sify Communications Ltd.
(n) Code Solutions CA
MTNL Trust Line
Customs & Central Excise
E-MUDHRA
cost
The cost of obtaining a digital signature certificate may vary as there are many entities issuing DSCs and their charges may differ. So it is advisable to check with the respective agencies web portals for the exact fee.
Digital Certificate serves as one's identity in the Electronic world. Just as a Voter ID or a DL is used to uniquely identify individuals in the physical world, digital certificates are used to identify entities in Electronic transactions. This concept is based on Public Key Cryptography, these Digital Certificates associate every entity with a unique pair of credentials - the public key and the private key. Only the owner of a Digital Certificate has access to the private key and can use it to digitally sign and encrypt any digital information such as emails, forms, files etc.
Digital Signature Certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. As mentioned above this Certificate serves as proof of identity of an individual for a certain purpose; for example, a driver's license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally.
Importance of Digital Signature Certificate
There are several e-forms which are required to be signed digitally using a Digital Signature Certificate. For Example:-
Filings at Ministry of Corporate Affairs, Company compliance, other statutory compliance at government authorities.
Digital Signatures are legally admissible in a Court of Law, as provided under the provisions of IT
Issuing agencies
A licensed Certifying Authority (CA) which is granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000 issues the digital signature. The following are the agencies which issue DSC.
Tata Consultancy Services (TCS)
National Informatics Center (NIC)
IDRBT Certifying Authority
SafeScrypt CA Services, Sify Communications Ltd.
(n) Code Solutions CA
MTNL Trust Line
Customs & Central Excise
E-MUDHRA
cost
The cost of obtaining a digital signature certificate may vary as there are many entities issuing DSCs and their charges may differ. So it is advisable to check with the respective agencies web portals for the exact fee.
Monday, 8 March 2010
Communal Violence Bill 2009: a boon or bane ?
Communal Violence Bill 2009 which recently received the nod of cabinet is expected to be tabled soon in Indian Parliament. Well, Before blindly appreciating UPA for bringing a new legislation which purportedly looks like minority friendly statute,it would be better to look into following Concerns. What promises are given in new version of the communal violence Bill? How different is it from the earlier version? Would it bring a silver line of hope for the most vulnerable and susceptible to the communal riots in India ? Whether the concerns of minorities who are the main targets and victims of the communal violence have been properly addressed in new bill..?
If you people feel the new piece of legislation is comprehensive in nature and avoids the apprehensions of minorities you will be landing in a wrong conception. Off course the new bill is not all a minority friend legislation but more vulnerable to abuses. It seems UPA only wants to gain an impression of being progressive and Messiah of vulnerable communities. Apart from that it doesn't have real care for minorities. If it is not so UPA would have meticulously worked out the new Communal Violence Bill so as to avoid the concerns of minorities.
The important adding up to this Bill is it gives an authority to the states to declare an area communally disturbed. This particular clause is likely to be misused by the state governments. Vrinda Grover* , a Delhi-based human rights lawyer and director of Multiple Action Research Group (MARG) says the new Communal Violence Bill Bill is a nasty piece of legislation to hoodwink and dupe the minority communities under the garb they will get protection. On the contrary, it will only make them more vulnerable to the powers of the government and the states.
inadequacies of the Bill
We have witnessed so many communal violence in the past. Majority of the communal violence is an outcome of the inefficiency of the concerned state agencies. Especially as observed by the international human right organizations Gujarat communal Violence was purely state sponsored and the main culprit was police. So it was expected that the new bill will take this point into consideration. But The Bill doesn't create any accountability for the state and the various agencies. According Ms. Vrinda Grover* another defect is this Bill does not follow the Doctrine of Command and Superior Responsibility that is, it will not hold the man at the helm of affairs responsible for communal rioting and carnage. For example, in the Ehsan Jaffri murder case, his widow says they had called/contacted the police commissioner when they were besieged by mobs during the 2002 Gujarat pogrom, but he didn't respond and come to their rescue. So the person held responsible for Jaffri's murder/killing should be the then police commissioner of Ahmedabad and not some small players or people who were in the mob.
More over the new bill has completely neglected the sexual violence that take place during communal rioting/carnage. The Bill does not even cover the very consequences of the aftermath of sexual violence. The bill overlooks the states obligation to provide relief to the victims of communal violence.
The new Bill does not touch the concept absolute immunity that the police force enjoys. The 'good faith' clause in the bill ensures that no prosecution of the police and public servants is permitted without the prior permission of the executive.So it is easy for executive to shield the culprit officers.
So let us demand UPA to make the necessary amendments to the Bill and incorporate some exemplary clauses in it for the protection of targeted communitiies. Otherwise the new bill would not be a boon for Minorities but it will surely be a bane.
* Interview to Times of India
If you people feel the new piece of legislation is comprehensive in nature and avoids the apprehensions of minorities you will be landing in a wrong conception. Off course the new bill is not all a minority friend legislation but more vulnerable to abuses. It seems UPA only wants to gain an impression of being progressive and Messiah of vulnerable communities. Apart from that it doesn't have real care for minorities. If it is not so UPA would have meticulously worked out the new Communal Violence Bill so as to avoid the concerns of minorities.
The important adding up to this Bill is it gives an authority to the states to declare an area communally disturbed. This particular clause is likely to be misused by the state governments. Vrinda Grover* , a Delhi-based human rights lawyer and director of Multiple Action Research Group (MARG) says the new Communal Violence Bill Bill is a nasty piece of legislation to hoodwink and dupe the minority communities under the garb they will get protection. On the contrary, it will only make them more vulnerable to the powers of the government and the states.
inadequacies of the Bill
We have witnessed so many communal violence in the past. Majority of the communal violence is an outcome of the inefficiency of the concerned state agencies. Especially as observed by the international human right organizations Gujarat communal Violence was purely state sponsored and the main culprit was police. So it was expected that the new bill will take this point into consideration. But The Bill doesn't create any accountability for the state and the various agencies. According Ms. Vrinda Grover* another defect is this Bill does not follow the Doctrine of Command and Superior Responsibility that is, it will not hold the man at the helm of affairs responsible for communal rioting and carnage. For example, in the Ehsan Jaffri murder case, his widow says they had called/contacted the police commissioner when they were besieged by mobs during the 2002 Gujarat pogrom, but he didn't respond and come to their rescue. So the person held responsible for Jaffri's murder/killing should be the then police commissioner of Ahmedabad and not some small players or people who were in the mob.
More over the new bill has completely neglected the sexual violence that take place during communal rioting/carnage. The Bill does not even cover the very consequences of the aftermath of sexual violence. The bill overlooks the states obligation to provide relief to the victims of communal violence.
The new Bill does not touch the concept absolute immunity that the police force enjoys. The 'good faith' clause in the bill ensures that no prosecution of the police and public servants is permitted without the prior permission of the executive.So it is easy for executive to shield the culprit officers.
So let us demand UPA to make the necessary amendments to the Bill and incorporate some exemplary clauses in it for the protection of targeted communitiies. Otherwise the new bill would not be a boon for Minorities but it will surely be a bane.
* Interview to Times of India
Thursday, 4 March 2010
Protect yourself from identity theft
Recently two Nigerian citizens were nabbed by the Bangalore Police for swindling a senior citizen via scam e-mail. The complainant senior citizen had received an e-mail that bears UNOs official logo and web links, from the accused stating that he is eligible for receiving a commendable sum of money from UN aid fund and all he needs to do is simply forwarding his all personal information for the release of the amount. Believing this the complainant sent a reply e-mail along with all his personal information for which he again received a confirmation mail which asked him to deposit Rs 80,000 into a SB account towards the clerical charges. The complainant deposited the money as they instructed only to get bewildered for no response from the other side thereafter. However the senior citizen was so lucky to get the tricksters trapped by police on his complaint.
The above story is just an example for the Cyber Scams wherein Nigerian frauds hoodwink innocent internet users. So far hell lot of Cyber Crimes and Scams have been reported across the world ranging from sweepstakes to identity theft. Yet new types of scams which are iron pie for police to crack down keep on creeping up everyday. Unlike the usual crimes the criminals over the internet have so many advantages. Internet is the safe hub for them and physical presence is not necessary to commit any type of crime or robbery over here. Moreover there is no geographical restrictions for cyber crime. A cyber criminal can operate from any corner of the world and trap anyone across the world. As there is limited access and in some cases there is hardly any access to the server for law enforcing agencies the criminal activities over the internet rarely come to the knowledge of police.
In earlier days a thief had to break the house or bank to steal the money. But as for as cyber scammers all they need is just your personal information. In USA thousands of identity theft cases have been reported so far. Identity theft is when your personal information such as name, nationality,credit card number, identity card are used for the fraudulent purposes by swindlers. How the scammers obtain your personal information is they will approach you through e-mail pretending to be a genuine business man or bureaucrat of a particular nation. They will offer you loan or partnership for which you will be required to send your personal information. When you send your information and scanned copies of your photo and identity card the same will be used to obtain a loan or credit card in your name. And one day you will be surprised to receive a notice from the bank asking to pay back the loan which you have not obtained ever. Do not neglect.Anyone can be a victim of identity theft.Be vigilant for shoulder-surfers. When you are at an ATM machine or anywhere you're using your credit or ATM card, you have to be aware of people who are nearby. Make sure that there's nobody peering over your shoulders to note down your PIN numbers.There will be digital information you have on your personal computer. You should safeguard your laptop from identity theft. You can download and founded anti-hacker software to guard your laptop files with personal information.These guidelines are to shield yourself from identity theft.
The above story is just an example for the Cyber Scams wherein Nigerian frauds hoodwink innocent internet users. So far hell lot of Cyber Crimes and Scams have been reported across the world ranging from sweepstakes to identity theft. Yet new types of scams which are iron pie for police to crack down keep on creeping up everyday. Unlike the usual crimes the criminals over the internet have so many advantages. Internet is the safe hub for them and physical presence is not necessary to commit any type of crime or robbery over here. Moreover there is no geographical restrictions for cyber crime. A cyber criminal can operate from any corner of the world and trap anyone across the world. As there is limited access and in some cases there is hardly any access to the server for law enforcing agencies the criminal activities over the internet rarely come to the knowledge of police.
In earlier days a thief had to break the house or bank to steal the money. But as for as cyber scammers all they need is just your personal information. In USA thousands of identity theft cases have been reported so far. Identity theft is when your personal information such as name, nationality,credit card number, identity card are used for the fraudulent purposes by swindlers. How the scammers obtain your personal information is they will approach you through e-mail pretending to be a genuine business man or bureaucrat of a particular nation. They will offer you loan or partnership for which you will be required to send your personal information. When you send your information and scanned copies of your photo and identity card the same will be used to obtain a loan or credit card in your name. And one day you will be surprised to receive a notice from the bank asking to pay back the loan which you have not obtained ever. Do not neglect.Anyone can be a victim of identity theft.Be vigilant for shoulder-surfers. When you are at an ATM machine or anywhere you're using your credit or ATM card, you have to be aware of people who are nearby. Make sure that there's nobody peering over your shoulders to note down your PIN numbers.There will be digital information you have on your personal computer. You should safeguard your laptop from identity theft. You can download and founded anti-hacker software to guard your laptop files with personal information.These guidelines are to shield yourself from identity theft.
Wednesday, 3 March 2010
How to obtain a Copyright in India?
WHAT IS COPYRIGHT?
The Copyrights Act, 1957 says a copyrights means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely literary, dramatic or musical work, computer program, artistic work, cinematographic film, sound recording, work of architecture etc.
SIGNIFICANCE
1.Copyright enhances human creativity.
2. It provides incentives to the writers and creators of the work not only in the form of recognition but also economic rewards too.
3. It avoids the fear of unauthorized copying or piracy.
4. It encourages arts and entertainment industry.
ITEMS IN WHICH COPYRIGHT SUBSISTS
According to Indian Copyright law a copyright subsists in following works:-
original literary, dramatic, musical and artistic works; cinematograph films; and sound recording.
TENURE OF COPYRIGHT
In India, copyright generally subsists for a period of sixty years.
REMEDIES
1. Injunction,
2. damages and accounts. This is however subject to the fact that the defendant at the date of the infringement was not aware and had no reasonable ground for believing that copyright subsisted in the work.
3.Penal actions
How to obtain a Copyright?
In order to obtain a copyright in India an application along with specified fee should be filed before the registrar of copyright under Copyright rules 1958. The application shall bear following items along with it.
INFORMATION/DOCUMENTS REQUIRED FOR COPYRIGHT APPLICATION
(i) Date of Dispatch
(ii) Name and Address and Nationality
(iii) Nature of Applicant interest in the copyright of the work
(iv) Class and description of work
(v) Title of the work
(vi) Language of the work
(vii) Name, address and nationality of the author(s) and if the author is deceased, the date of his decease.
(viii) Whether work is published or unpublished
(ix) Year and country of first publication and name, address and nationality of the publisher
(x) Year and countries of subsequent publication and name, address and nationality of the publisher
The Copyrights Act, 1957 says a copyrights means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely literary, dramatic or musical work, computer program, artistic work, cinematographic film, sound recording, work of architecture etc.
SIGNIFICANCE
1.Copyright enhances human creativity.
2. It provides incentives to the writers and creators of the work not only in the form of recognition but also economic rewards too.
3. It avoids the fear of unauthorized copying or piracy.
4. It encourages arts and entertainment industry.
ITEMS IN WHICH COPYRIGHT SUBSISTS
According to Indian Copyright law a copyright subsists in following works:-
original literary, dramatic, musical and artistic works; cinematograph films; and sound recording.
TENURE OF COPYRIGHT
In India, copyright generally subsists for a period of sixty years.
REMEDIES
1. Injunction,
2. damages and accounts. This is however subject to the fact that the defendant at the date of the infringement was not aware and had no reasonable ground for believing that copyright subsisted in the work.
3.Penal actions
How to obtain a Copyright?
In order to obtain a copyright in India an application along with specified fee should be filed before the registrar of copyright under Copyright rules 1958. The application shall bear following items along with it.
INFORMATION/DOCUMENTS REQUIRED FOR COPYRIGHT APPLICATION
(i) Date of Dispatch
(ii) Name and Address and Nationality
(iii) Nature of Applicant interest in the copyright of the work
(iv) Class and description of work
(v) Title of the work
(vi) Language of the work
(vii) Name, address and nationality of the author(s) and if the author is deceased, the date of his decease.
(viii) Whether work is published or unpublished
(ix) Year and country of first publication and name, address and nationality of the publisher
(x) Year and countries of subsequent publication and name, address and nationality of the publisher
why everyone wants to rip off Muslim woman's Burqua
Thasleema's " Burqua" claimed 2 innocent lives in Karnataka. It is really strange why everyone wants to rip off Muslim woman's Burqua when nobody bothers about those who throw off their dress to become more sophisticated. Recently all most all medias proudly published a snap wherein thousands of nude ladies demonstrated their "talent". Is nt it really sad our medias have gone mad and they are not even in the positionto judge what should be an issue and what should not...?
Thursday, 25 February 2010
We do not want draconian Bio-technology law
The Biotechnology Regulatory Authority of India (BRAI) Bill is going to be tabled in the ongoing budget session in Indian Parliament. If this particular bill is passed in the parliament and gets president's assent without any modifications then India will be unsafe for the social activists who raise the voice against US sponsored perilous bio technology experiments for which Indian's are the guinea pigs. Because the new Bio-technology law has two draconian clauses which are against the spirit of our constitution but will be a boon for Capitalist elements. So it is very clear that what has prompted UPA govt to proceed with this draconian law. The latest set back for the UPA govt came when farmers across the country stood united and stiffly opposed the BT Brinjal raising the apprehensions over its adverse effects. Following this the UPA govt was forced to withdraw from the decision to allow the commercial crop of BT brinjal. Thus it is quite clear that Govt believes it would make protesters silent if there will be a stringent law which deals with the dissident voices. One of the clause incorporated in the proposed bill says “In case an application to be submitted under sub-section 1 of Section 24 requires disclosure of confidential commercial information, such information shall notwithstanding anything contained in Right to Information Act, 2005, be retained as confidential by the authority and not disclosed to any other party.” While this clause clearly overrides access to RTI, the authority states that it has the power to decide what information is of public interest.''
The other clause says If any person “misleads” the public on safety of genetically modified organisms, shall be liable to imprisonment for a term not less than six months and a fine up to Rs 2 lakh ..
A plain reading of the bill alone conveys us the Govt has become the agents of Multinational Bio technology axis and try to create the panic among social activists who raise the voice against human right violations by genetic gaints
The other clause says If any person “misleads” the public on safety of genetically modified organisms, shall be liable to imprisonment for a term not less than six months and a fine up to Rs 2 lakh ..
A plain reading of the bill alone conveys us the Govt has become the agents of Multinational Bio technology axis and try to create the panic among social activists who raise the voice against human right violations by genetic gaints
Wednesday, 24 February 2010
Latest updates on Indian Labour law regime
Amendment to the Workmen’s Compensation Act, 1923 to, inter-alia, make it gender-neutral 2009 has been passed by both the Houses of the Parliament.
Amendment to the Payment of Gratuity Act, 1972 to cover teachers in educational institutions in the Act has been passed by both the Houses of the Parliament.
Reports of the Parliamentary Standing Committee on Labour in respect of the amendments in the Plantation Labour Act, 1951, the Industrial Disputes Act, 1947 and the Employees’ State Insurance Act, 1948 introduced in the Parliament have been received. These Reports are being examined and follow up action is being taken.
National Policy on Safety, Health and Environment at Workplace (NPSHEW) seeking to provide general guidelines for all stakeholders such as Governments, inspection authorities, employers, research and development institutions, educational institutions for developing a safety culture and ensuring safety, health and congenial environment at all workplaces has been announced on 20th February, 2009
Amendment to the Payment of Gratuity Act, 1972 to cover teachers in educational institutions in the Act has been passed by both the Houses of the Parliament.
Reports of the Parliamentary Standing Committee on Labour in respect of the amendments in the Plantation Labour Act, 1951, the Industrial Disputes Act, 1947 and the Employees’ State Insurance Act, 1948 introduced in the Parliament have been received. These Reports are being examined and follow up action is being taken.
National Policy on Safety, Health and Environment at Workplace (NPSHEW) seeking to provide general guidelines for all stakeholders such as Governments, inspection authorities, employers, research and development institutions, educational institutions for developing a safety culture and ensuring safety, health and congenial environment at all workplaces has been announced on 20th February, 2009
Tuesday, 23 February 2010
How to start a Company in India..?
Registrars of Companies (ROC) appointed under Section 609 of the Companies Act covering the various States and Union Territories, are vested with the primary duty of registering companies floated in the respective States and Union Territories and of ensuring that such companies comply with statutory requirements under the Act. These offices function as registries of records relating to the companies registered with them, which are available for inspection by members of the public on payment of the prescribed fee.
The Registrars of Companies in different States primarily deal with the Incorporation of companies, change of name of companies, change of financial year, conversion of companies from Private to Public and vice versa, striking off of the names of companies, and default action against companies.
The steps to be followed for registering a private limited or a public limited company are enlisted here.
Steps to be taken to get incorporated a private limited Company:
* Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company.
* Ensure that the name does not resemble the name of any other company already registered and also does not violate the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950.
* Apply to the concerned ROC to ascertain the availability of a name in the General Rules and Forms along with a fee of Rs.500/- If the proposed name is not available apply for a fresh name on the same application.
* Arrange for the drafting of the Memorandum and Articles of Association by the solicitors, the vetting of the same by the ROC and the printing of the same.
* Arrange for the stamping of the Memorandum and Articles with the appropriate stamp duty.
* Get the Memorandum and Articles signed by at least two subscribers in his own hand, his father's name, occupation, address and the number of shares subscribed for and witnessed by atleast one person.
* Ensure that the Memorandum and Articles are dated after the date of stamping.
* Get the following forms duly filled up and signed:
o Declaration of Compliance
o Notice of the situation of the registered office of the company
o Particulars of the Director, Manager or Secretary
* Present the following documents to the ROC with the filing fee and the registration fee:
o The stamped and signed copies of the Memorandum and Articles of Association (3 copies).
o Form-1, 18 & 32 in duplicate.
o Any agreement referred to in the M & A.
o Any agreement proposed to be entered into with any individual for appointment as Managing or whole time Director.
o Name availability letter issued by the ROC.
o Power of Attorney from the subscribers in favour of any person for making corrections on their behalf in the documents and papers filed for registration.
o Pay the Registration and Filing Fee by Demand Draft/Banker?s Cheque if it exceeds Rs.1000/-
o Obtain the Certificate of Incorporation from ROC.
Additional Steps to be taken for formation of a Public Limited Company
* Consent of Directors to act as such in Form No.29.
* Arrange for payment of application and allotment money by Directors on shares taken oragreed to be taken.
* File the Statement in Lieu of Prospectus with the ROC in schedule-iv of the CompaniesAct.
* File a declaration in Form-20 duly signed by one of the Directors.
* Obtain the Certificate of Commencement of Business.
Courtesy:-http://www.india.gov.in
The Registrars of Companies in different States primarily deal with the Incorporation of companies, change of name of companies, change of financial year, conversion of companies from Private to Public and vice versa, striking off of the names of companies, and default action against companies.
The steps to be followed for registering a private limited or a public limited company are enlisted here.
Steps to be taken to get incorporated a private limited Company:
* Select, in order of preference, a few suitable names, not less than four, indicative of the main objects of the company.
* Ensure that the name does not resemble the name of any other company already registered and also does not violate the provisions of Emblems and Names (Prevention of Improper Use) Act, 1950.
* Apply to the concerned ROC to ascertain the availability of a name in the General Rules and Forms along with a fee of Rs.500/- If the proposed name is not available apply for a fresh name on the same application.
* Arrange for the drafting of the Memorandum and Articles of Association by the solicitors, the vetting of the same by the ROC and the printing of the same.
* Arrange for the stamping of the Memorandum and Articles with the appropriate stamp duty.
* Get the Memorandum and Articles signed by at least two subscribers in his own hand, his father's name, occupation, address and the number of shares subscribed for and witnessed by atleast one person.
* Ensure that the Memorandum and Articles are dated after the date of stamping.
* Get the following forms duly filled up and signed:
o Declaration of Compliance
o Notice of the situation of the registered office of the company
o Particulars of the Director, Manager or Secretary
* Present the following documents to the ROC with the filing fee and the registration fee:
o The stamped and signed copies of the Memorandum and Articles of Association (3 copies).
o Form-1, 18 & 32 in duplicate.
o Any agreement referred to in the M & A.
o Any agreement proposed to be entered into with any individual for appointment as Managing or whole time Director.
o Name availability letter issued by the ROC.
o Power of Attorney from the subscribers in favour of any person for making corrections on their behalf in the documents and papers filed for registration.
o Pay the Registration and Filing Fee by Demand Draft/Banker?s Cheque if it exceeds Rs.1000/-
o Obtain the Certificate of Incorporation from ROC.
Additional Steps to be taken for formation of a Public Limited Company
* Consent of Directors to act as such in Form No.29.
* Arrange for payment of application and allotment money by Directors on shares taken oragreed to be taken.
* File the Statement in Lieu of Prospectus with the ROC in schedule-iv of the CompaniesAct.
* File a declaration in Form-20 duly signed by one of the Directors.
* Obtain the Certificate of Commencement of Business.
Courtesy:-http://www.india.gov.in
Monday, 22 February 2010
Silly,baseless,funny and shaky arguments against "Right to Education Act 2009"..
The management of private schools are all set to lock the horn with UPA govt as Right to Education Act 2009 is going to come into force on 1st April 2010. What has invited the wrath of Private School Managements in RTE Act 2009 is the compulsory reservation for economically backward sections in all school irrespective of govt,aided,unaided or pvt schools.
The grounds for their oppose against such reservation are so silly,funny and shaky. They argue the reservation would adversely affect the standards of education, it will marginally upset the quality education. Well, what does it mean..? Untouchablity.....!what has been completely abolished and banned by Art 17 of Indian Constitution as early as in 1950 is still in practice? Are economically unprivileged children untouchable to Corporate world and Pvt education lobbies...? Probably the moment unprivileged children enter to their luxurious institutions which are literally earmarked for well off sections of the society might get messed up! If it is not so why are they are scared of RTE Act 2009 which ensures some radical changes in the concept of primary education.
Let us look into some interesting aspects this piece of legislation.
1.RTE Act earmarks 25 per cent seats to children from economically weaker sections in private schools. It stipulates that the local governments will ensure that the children in the specified age bracket are getting elementary education.
2.Free and compulsory education to all children of India in the six to 14 age group.
3.No child shall be held back, expelled, or required to pass a board examination until completion of elementary education.
4.A child who completes elementary education (upto class 8) shall be awarded a certificate.
5.Calls for a fixed student-teacher ratio.
6.Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools.
7.Mandates improvement in quality of education.
8.School teachers will need adequate professional degree within five years or else will lose job.
9.School infrastructure (where there is problem) to be improved in three years, else recognition cancelled.
10.Financial burden will be shared between state and central government.
We are well aware of the present pvt education trend. After the advent of globalization the values of education are completely uprooted. Now education is nothing but a lucrative trade which lays golden eggs. Nowadays anybody hardly gets surprised to hear a mere LKG admission would cost upto lakh rupees. So what will be the fate of unprivileged children..? What sin they have done to be kept away from quality education..? It is high time that Govt should take a hard step on education Mafia and nip their greediness in bud. Lets hope RTE Act 2009 will be a milestone in Indian education reforms.
The grounds for their oppose against such reservation are so silly,funny and shaky. They argue the reservation would adversely affect the standards of education, it will marginally upset the quality education. Well, what does it mean..? Untouchablity.....!what has been completely abolished and banned by Art 17 of Indian Constitution as early as in 1950 is still in practice? Are economically unprivileged children untouchable to Corporate world and Pvt education lobbies...? Probably the moment unprivileged children enter to their luxurious institutions which are literally earmarked for well off sections of the society might get messed up! If it is not so why are they are scared of RTE Act 2009 which ensures some radical changes in the concept of primary education.
Let us look into some interesting aspects this piece of legislation.
1.RTE Act earmarks 25 per cent seats to children from economically weaker sections in private schools. It stipulates that the local governments will ensure that the children in the specified age bracket are getting elementary education.
2.Free and compulsory education to all children of India in the six to 14 age group.
3.No child shall be held back, expelled, or required to pass a board examination until completion of elementary education.
4.A child who completes elementary education (upto class 8) shall be awarded a certificate.
5.Calls for a fixed student-teacher ratio.
6.Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools.
7.Mandates improvement in quality of education.
8.School teachers will need adequate professional degree within five years or else will lose job.
9.School infrastructure (where there is problem) to be improved in three years, else recognition cancelled.
10.Financial burden will be shared between state and central government.
We are well aware of the present pvt education trend. After the advent of globalization the values of education are completely uprooted. Now education is nothing but a lucrative trade which lays golden eggs. Nowadays anybody hardly gets surprised to hear a mere LKG admission would cost upto lakh rupees. So what will be the fate of unprivileged children..? What sin they have done to be kept away from quality education..? It is high time that Govt should take a hard step on education Mafia and nip their greediness in bud. Lets hope RTE Act 2009 will be a milestone in Indian education reforms.
Bankruptcy Laws in Gulf Countries and Sharia perceptive on Insolvency
Introduction
The end of the twentieth century was a tremendous era for the Middle Eastern countries, particularly UAE, the international business hub in the gulf region, in so many counts. Over the last 2-3 decades UAE has emerged as a powerful economy in Asia, thanks to the unprecedented growth contributed by glowing real estate and multilateral trading activities. With the introduction of LPG policy across the globe doors for the free trade got opened up in gulf region too. Even though Islamic countries of the gulf region are the arch rivals of Western Capitalist axis over past so many centuries by historical reasons, UAE didn’t hesitate to grab the potentials of the worthwhile choices thrown up by LPG policy by proponents of Capitalism. Particularly Dubai was the first emirate to exploit the gains of LPG concept. Liberalising the business laws blended with lucrative trade options Dubai government welcomed the MNC’s and international trade giants with red carpet. Hence quite naturally the great economic crisis sprouted up in western countries at the end of the first decade of this century, casts it far reaching consequences on Dubai too. Awakened from the recent developments as to the crisis of Dubai world and mounting threats of possible insolvency cases in the region, Dubai govt has taken positive steps to tackle the problems by venturing into the bunch of legislative changes in insolvency regime.
What is insolvency?
According to the encyclopaedia Britannica, Insolvency means financial condition in which the total liabilities of an individual or enterprise exceed the total assets so that the claims of the creditors can’t be paid.
A person or enterprise becomes insolvent when he or such enterprise is declared to be a bankrupt by a competent court.
Sharia View on Insolvency
Islamic finance is based upon Shariah principles derived from the Holy Quran and the Sunna, and its central feature is the prohibition of payment and receipt of interest (riba). The reasons for such ban are that interest serves as unearned income, prevents full employment, and can lead to monetary crises and exploitations.
Versus from Quran
“Those who devour usury will not stand except as stands one whom The Evil one by his touch had driven to madness, that is because they say;
“Ye who believe! Fear God and give what remains of your demand for usury, if ye are Indeed Believers?”
As a matter of fact Islam avoids even a remotest chance of being a person insolvent by strictly prohibiting usury or interest in business transactions. As observed by prominent Muslim Scholars and economist’s interest literally a curse to the society and it casts a heavy burden on debtor and finally it leads the debtor to a situation where he will be unable recover from his loan.
It is worth mentioning here that the structure of Islamic economy is pro social and it gives an utmost priority for the interests of whole society. Sharia law has specified a certain set of mandatory guidelines to Muslims that to be strictly followed in every financial transactions. Islam strictly prohibits usury or interest and Islam also prohibits gambling, lottery and liquor trading. Islam makes zakath (Compulsory charity) mandatory for financially sounded persons. Zakath is the right of unprivileged people. They can claim their share from economically sounded persons. And in Kilafat (Islamic democracy) rule its state’s obligation to collect zakath and distribute it to unprivileged and poor people.
According to sharia a debtor is entitled for zakath from state. And it’s also interesting thing to note that Islam encourages creditor to waive the loan wherever he can do so. In verse 280 it has been revealed, “If the debtor is in a difficulty, Grant him time till it is easy for him to repay. But if ye remit it By way of Charity, That is best for you if ye only knew”
However if any one becomes insolvent and dies in such state the liability to pay the debt transfers to his kith and kin. If they also fail to clear the debt and creditor doesn’t waive the loan then the diseased insolvent debtor will be punished by god on the day of resurrection and judgement.
Dealing with insolvency issues
According to fiqh when a person becomes insolvent his dwelling house, food items, wearing apparels, and those items used for earning bread can’t be attached. An insolvent will be under the obligation to repay his debts once he becomes solvent.
Insolvency regime in Middle-Eastern Countries
Interestingly a Survey jointly conducted by the World Bank and Howkamah Institute of Corporate Governance has come out with some findings on insolvency regime in Middle East, which has raised the eyebrows of international corporate pundits. According to the survey Gulf States have stronger laws but the enforcement of the same has been a bottleneck owing to some procedural loopholes. And when it comes to UAE it’s a surprising fact that the Ratings agency Standard & Poor’s last year report described the current insolvency laws as untested.
Mr. Dr Nasser Saidi, Chief Economist of the Dubai International Financial Centre Authority (DIFC) says in a report that “in Middle East region particularly in Dubai an appropriate insolvency regime needs to strengthen the capacity of entrepreneurs and the private sector to be able to take risks, innovate, and to reduce the stigma of bankruptcy and insolvency and make it possible for debtors to restart business on a clean slate after a failure. The lesson from cross-country experience is that effective insolvency systems, based on well designed legal frameworks, relying on a sound judicial system, with competent and impartial judges and on the availability of lawyers and accountants experienced in insolvency proceedings, play a critical role for orderly exit of insolvent corporations and for the efficient reallocation of resources”.
Loopholes of the insolvency law in Middle East or Gulf Countries
1. According to World Bank’s report 2009 for the MENA region it takes 3.5 years for a company to go through insolvency – double the OECD average of 1.7 years, while it takes 1.3 years for a company to go through insolvency proceedings in Tunisia. This is a marked contrast to Ireland, which only takes a little over 3 months to go through insolvency proceedings.
2. About 14.1% of a company’s value to melt away through insolvency proceedings in MENA (the OECD average is 8.4%)—compared to about 1% in Kuwait, similar to Singapore, Colombia and Norway. These four countries provide the lowest costs to go through the insolvency process globally.
3. The recovery in MENA region would be about 29.9 cents on the dollar (in OECD about 68.6 cents), while in Bahrain (the highest) the same would be 63 cents on the dollar. These recovery rates can be benchmarked against Japan, where businesses generally recover 92.5 cents on the dollar, the highest according to the report.
4. Gulf Countries have a poor credit information system.
5. Gulf countries are in the dilemma when it comes to trade law whether sharia or western modes to be given utmost priority.
Insolvency Law in UAE
A Bankruptcy or insolvency law was introduced in UAE as early as 1973 which was later amended under the UAE Federal Commercial Transactions Law No18. 1993. Art 645 to Art90 of the said law covers the various aspects of bankruptcy pertaining to trade related Activities. According to the provisions laid down in this law by declaration of a debtor as bankrupt by court a trustee will be appointed and a notice is given to all creditors to register their claims.
Local creditors are required to register their claims within 10 days of publication and creditors resident outside the U.A.E. are required to register their claims within one month. The trustee in bankruptcy would verify the documents submitted by the creditors and prepare a schedule of debts and lodge the same with the court.
A Copy of the schedule along with a statement of the amounts that the trustee intends to accept as debt owed will be sent to every creditor and the bankrupt. The creditors may file objection to the amounts contained in the schedules.
The judge supervising the bankrupt’s estate will decide on these objections and prepare a final schedule of debts with the amounts that have been accepted. The judge supervising the bankrupt’s estate will designate the manner in which the assets are to be sold.
Thereafter, the amounts due to preferred creditors will be paid and the remainder will be distributed to the unsecured creditors in proportion to debts due to them.
The said insolvency law applies to whole UAE except to some notified trade hubs and Dubai International Financial Centre which is governed by the “Insolvency Law 2004" , DIFC LAW No.7 of 2004, the law promulgated by Dubai ruler in line with U.K insolvency Act.1986. In the December 2009 the ruler of Dubai by a special decree extended the application of DIFC law to crisis triggered Dubai world too.
Loopholes of UAE Insolvency Law/ Problems to be addressed
1. UAE has got better insolvency laws regarding to corporate insolvency. However the delay in the process and procedure in insolvency cases make the law toothless.
2. There is no specific law which deals with personal insolvency. In UAE individuals involved in personal loans cannot announce bankruptcy. To announce bankruptcy, one must have business. According to art 4 of commercial transactions’ act 1993 a trader defined as being an individual or company carries out commercial activities. Hence Professional consultancy type activities practiced by individuals such as lawyers, doctors, consulting engineers, and other professionals are not considered as commercial activities.
3. Insolvency in the UAE has onerous consequences for the directors and managers of a company. Any offence whereby they have concealed dealings from, embezzled or deceived creditors may be considered fraudulent bankruptcy, punishable by imprisonment up to five years. This has become a deterrent for the business people to confess the faults if they even desire to do so.
4. There is hardly any safeguard measures to protect the locals from the fraud of expatriates.
5. According to UAE law one who declared as bankrupt will not be able to carry out any business in future. They cannot become the member of chamber of commerce. This would permanently disable the bankrupt merchant from recovering the loss he suffered.
6. Under UAE law unpaid creditors have limited capacity to bring disputes over unpaid liabilities to head rapidly, and stressed companies literally cling status quo.
7. UAE Insolvency legislation allows for both bankruptcy and liquidation. Under UAE laws, any company or consultant can be declared bankrupt when unable to repay debts, after a creditor requests a declaration of bankruptcy in court. This prevents a person or company from disposing of assets, concluding transactions or paying debts, with a bankruptcy trustee appointed to manage the bankrupt’s assets.
Cases
• In June, owner of troubled events company BlueBanana.com Simon Ford absconded to the UK, saying he could not face the prospect of prison. Ford left a letter promising to repay what he owed but said if he was imprisoned, he would have no chance of repaying any money and would be unable to see his young family. His creditors, however, are left with no guarantees.
• A German businessman Martin Bender has been detained in Dubai Central Prison for two years over writing a US$16 million bounced cheque. Bender claims it was an honest mistake as the cheque was supposed to be held as security for a company, and should never have been presented at a bank. But he now faces as many as 16 more years in prison and argues that then he would have no hope of repaying anything.
Suggestions
1. The procedure followed in Ireland, Singapore, Kuwait & Japan in connection with insolvency law& bankruptcy cases can be invoked in Dubai as the said countries have recorded maximum recovery rating and also consume only about 4 months to clear off insolvency proceedings. The expediency in the insolvency proceedings in the said countries can be attributed comprehensive and progressive legislations they enforced pertaining to both corporate and personal insolvency. For instance Ireland Bankruptcy Act, 1988 has elaborately defined the acts bankruptcy and procedures to be followed in the PART II of the Act. Such type of specific definitions would make the procedure simpler for the court.
2. Remove the all loopholes listed above by incorporating the provisions laid down in UNCTRAL.
3. DIFC insolvency law 2004 should be extended to whole Dubai as it highest rated in MENA region, by a World Bank survey.
4. Part VIII and IX of UK insolvency Act 1986 can be referred for the preparation of personal insolvency law.
5. State bailout should be avoided for insolvent companies and maximum time shall be given to repay the debts.
6. It is advisable to introduce separate legislations for both Sharia compatible and non compatible businesses.
7. Protection measures to be taken to protect the local people from the fraud of expatriates. For this the existing business licensing regulations should be amended and benami (surpassing the law) business should be strictly prohibited.
Conclusion
The present economic crisis triggered in UAE has intensified the need of a pro-active legislation to deal with both personal and corporate insolvency cases. Though UAE has got specific law relating to corporate bankruptcy some bottlenecks have to be addressed immediately so as to make it compatible to international standards. And a call of the hour is an immediate comprehensive law relating to the personal insolvency which protects the interest of local people who are prone to become the victims of fraud from expatriates.
References:
“Sharia Law and insolvency “paper presented by Justice Amirul Kabir Chowdhury, Judge, High Court Division, Supreme Court of Bangladesh.
Insolvency And Creditor Rights in the MENA region-by Nasser Saidi, Chief economist, DIFC.
Legal recovery strategy for creditors-By Watts and Christina Tsogas
Gulf News-January 5, 2009.
INSOLVENCY LAW ,DIFC LAW No.7 of 2004
Issues in Islamic Finance -What Insolvency Practitioners Need to Know- by Leslie Lang, Mahesh Uttamchandani.
Ireland Bankruptcy Act, 1988
The end of the twentieth century was a tremendous era for the Middle Eastern countries, particularly UAE, the international business hub in the gulf region, in so many counts. Over the last 2-3 decades UAE has emerged as a powerful economy in Asia, thanks to the unprecedented growth contributed by glowing real estate and multilateral trading activities. With the introduction of LPG policy across the globe doors for the free trade got opened up in gulf region too. Even though Islamic countries of the gulf region are the arch rivals of Western Capitalist axis over past so many centuries by historical reasons, UAE didn’t hesitate to grab the potentials of the worthwhile choices thrown up by LPG policy by proponents of Capitalism. Particularly Dubai was the first emirate to exploit the gains of LPG concept. Liberalising the business laws blended with lucrative trade options Dubai government welcomed the MNC’s and international trade giants with red carpet. Hence quite naturally the great economic crisis sprouted up in western countries at the end of the first decade of this century, casts it far reaching consequences on Dubai too. Awakened from the recent developments as to the crisis of Dubai world and mounting threats of possible insolvency cases in the region, Dubai govt has taken positive steps to tackle the problems by venturing into the bunch of legislative changes in insolvency regime.
What is insolvency?
According to the encyclopaedia Britannica, Insolvency means financial condition in which the total liabilities of an individual or enterprise exceed the total assets so that the claims of the creditors can’t be paid.
A person or enterprise becomes insolvent when he or such enterprise is declared to be a bankrupt by a competent court.
Sharia View on Insolvency
Islamic finance is based upon Shariah principles derived from the Holy Quran and the Sunna, and its central feature is the prohibition of payment and receipt of interest (riba). The reasons for such ban are that interest serves as unearned income, prevents full employment, and can lead to monetary crises and exploitations.
Versus from Quran
“Those who devour usury will not stand except as stands one whom The Evil one by his touch had driven to madness, that is because they say;
“Ye who believe! Fear God and give what remains of your demand for usury, if ye are Indeed Believers?”
As a matter of fact Islam avoids even a remotest chance of being a person insolvent by strictly prohibiting usury or interest in business transactions. As observed by prominent Muslim Scholars and economist’s interest literally a curse to the society and it casts a heavy burden on debtor and finally it leads the debtor to a situation where he will be unable recover from his loan.
It is worth mentioning here that the structure of Islamic economy is pro social and it gives an utmost priority for the interests of whole society. Sharia law has specified a certain set of mandatory guidelines to Muslims that to be strictly followed in every financial transactions. Islam strictly prohibits usury or interest and Islam also prohibits gambling, lottery and liquor trading. Islam makes zakath (Compulsory charity) mandatory for financially sounded persons. Zakath is the right of unprivileged people. They can claim their share from economically sounded persons. And in Kilafat (Islamic democracy) rule its state’s obligation to collect zakath and distribute it to unprivileged and poor people.
According to sharia a debtor is entitled for zakath from state. And it’s also interesting thing to note that Islam encourages creditor to waive the loan wherever he can do so. In verse 280 it has been revealed, “If the debtor is in a difficulty, Grant him time till it is easy for him to repay. But if ye remit it By way of Charity, That is best for you if ye only knew”
However if any one becomes insolvent and dies in such state the liability to pay the debt transfers to his kith and kin. If they also fail to clear the debt and creditor doesn’t waive the loan then the diseased insolvent debtor will be punished by god on the day of resurrection and judgement.
Dealing with insolvency issues
According to fiqh when a person becomes insolvent his dwelling house, food items, wearing apparels, and those items used for earning bread can’t be attached. An insolvent will be under the obligation to repay his debts once he becomes solvent.
Insolvency regime in Middle-Eastern Countries
Interestingly a Survey jointly conducted by the World Bank and Howkamah Institute of Corporate Governance has come out with some findings on insolvency regime in Middle East, which has raised the eyebrows of international corporate pundits. According to the survey Gulf States have stronger laws but the enforcement of the same has been a bottleneck owing to some procedural loopholes. And when it comes to UAE it’s a surprising fact that the Ratings agency Standard & Poor’s last year report described the current insolvency laws as untested.
Mr. Dr Nasser Saidi, Chief Economist of the Dubai International Financial Centre Authority (DIFC) says in a report that “in Middle East region particularly in Dubai an appropriate insolvency regime needs to strengthen the capacity of entrepreneurs and the private sector to be able to take risks, innovate, and to reduce the stigma of bankruptcy and insolvency and make it possible for debtors to restart business on a clean slate after a failure. The lesson from cross-country experience is that effective insolvency systems, based on well designed legal frameworks, relying on a sound judicial system, with competent and impartial judges and on the availability of lawyers and accountants experienced in insolvency proceedings, play a critical role for orderly exit of insolvent corporations and for the efficient reallocation of resources”.
Loopholes of the insolvency law in Middle East or Gulf Countries
1. According to World Bank’s report 2009 for the MENA region it takes 3.5 years for a company to go through insolvency – double the OECD average of 1.7 years, while it takes 1.3 years for a company to go through insolvency proceedings in Tunisia. This is a marked contrast to Ireland, which only takes a little over 3 months to go through insolvency proceedings.
2. About 14.1% of a company’s value to melt away through insolvency proceedings in MENA (the OECD average is 8.4%)—compared to about 1% in Kuwait, similar to Singapore, Colombia and Norway. These four countries provide the lowest costs to go through the insolvency process globally.
3. The recovery in MENA region would be about 29.9 cents on the dollar (in OECD about 68.6 cents), while in Bahrain (the highest) the same would be 63 cents on the dollar. These recovery rates can be benchmarked against Japan, where businesses generally recover 92.5 cents on the dollar, the highest according to the report.
4. Gulf Countries have a poor credit information system.
5. Gulf countries are in the dilemma when it comes to trade law whether sharia or western modes to be given utmost priority.
Insolvency Law in UAE
A Bankruptcy or insolvency law was introduced in UAE as early as 1973 which was later amended under the UAE Federal Commercial Transactions Law No18. 1993. Art 645 to Art90 of the said law covers the various aspects of bankruptcy pertaining to trade related Activities. According to the provisions laid down in this law by declaration of a debtor as bankrupt by court a trustee will be appointed and a notice is given to all creditors to register their claims.
Local creditors are required to register their claims within 10 days of publication and creditors resident outside the U.A.E. are required to register their claims within one month. The trustee in bankruptcy would verify the documents submitted by the creditors and prepare a schedule of debts and lodge the same with the court.
A Copy of the schedule along with a statement of the amounts that the trustee intends to accept as debt owed will be sent to every creditor and the bankrupt. The creditors may file objection to the amounts contained in the schedules.
The judge supervising the bankrupt’s estate will decide on these objections and prepare a final schedule of debts with the amounts that have been accepted. The judge supervising the bankrupt’s estate will designate the manner in which the assets are to be sold.
Thereafter, the amounts due to preferred creditors will be paid and the remainder will be distributed to the unsecured creditors in proportion to debts due to them.
The said insolvency law applies to whole UAE except to some notified trade hubs and Dubai International Financial Centre which is governed by the “Insolvency Law 2004" , DIFC LAW No.7 of 2004, the law promulgated by Dubai ruler in line with U.K insolvency Act.1986. In the December 2009 the ruler of Dubai by a special decree extended the application of DIFC law to crisis triggered Dubai world too.
Loopholes of UAE Insolvency Law/ Problems to be addressed
1. UAE has got better insolvency laws regarding to corporate insolvency. However the delay in the process and procedure in insolvency cases make the law toothless.
2. There is no specific law which deals with personal insolvency. In UAE individuals involved in personal loans cannot announce bankruptcy. To announce bankruptcy, one must have business. According to art 4 of commercial transactions’ act 1993 a trader defined as being an individual or company carries out commercial activities. Hence Professional consultancy type activities practiced by individuals such as lawyers, doctors, consulting engineers, and other professionals are not considered as commercial activities.
3. Insolvency in the UAE has onerous consequences for the directors and managers of a company. Any offence whereby they have concealed dealings from, embezzled or deceived creditors may be considered fraudulent bankruptcy, punishable by imprisonment up to five years. This has become a deterrent for the business people to confess the faults if they even desire to do so.
4. There is hardly any safeguard measures to protect the locals from the fraud of expatriates.
5. According to UAE law one who declared as bankrupt will not be able to carry out any business in future. They cannot become the member of chamber of commerce. This would permanently disable the bankrupt merchant from recovering the loss he suffered.
6. Under UAE law unpaid creditors have limited capacity to bring disputes over unpaid liabilities to head rapidly, and stressed companies literally cling status quo.
7. UAE Insolvency legislation allows for both bankruptcy and liquidation. Under UAE laws, any company or consultant can be declared bankrupt when unable to repay debts, after a creditor requests a declaration of bankruptcy in court. This prevents a person or company from disposing of assets, concluding transactions or paying debts, with a bankruptcy trustee appointed to manage the bankrupt’s assets.
Cases
• In June, owner of troubled events company BlueBanana.com Simon Ford absconded to the UK, saying he could not face the prospect of prison. Ford left a letter promising to repay what he owed but said if he was imprisoned, he would have no chance of repaying any money and would be unable to see his young family. His creditors, however, are left with no guarantees.
• A German businessman Martin Bender has been detained in Dubai Central Prison for two years over writing a US$16 million bounced cheque. Bender claims it was an honest mistake as the cheque was supposed to be held as security for a company, and should never have been presented at a bank. But he now faces as many as 16 more years in prison and argues that then he would have no hope of repaying anything.
Suggestions
1. The procedure followed in Ireland, Singapore, Kuwait & Japan in connection with insolvency law& bankruptcy cases can be invoked in Dubai as the said countries have recorded maximum recovery rating and also consume only about 4 months to clear off insolvency proceedings. The expediency in the insolvency proceedings in the said countries can be attributed comprehensive and progressive legislations they enforced pertaining to both corporate and personal insolvency. For instance Ireland Bankruptcy Act, 1988 has elaborately defined the acts bankruptcy and procedures to be followed in the PART II of the Act. Such type of specific definitions would make the procedure simpler for the court.
2. Remove the all loopholes listed above by incorporating the provisions laid down in UNCTRAL.
3. DIFC insolvency law 2004 should be extended to whole Dubai as it highest rated in MENA region, by a World Bank survey.
4. Part VIII and IX of UK insolvency Act 1986 can be referred for the preparation of personal insolvency law.
5. State bailout should be avoided for insolvent companies and maximum time shall be given to repay the debts.
6. It is advisable to introduce separate legislations for both Sharia compatible and non compatible businesses.
7. Protection measures to be taken to protect the local people from the fraud of expatriates. For this the existing business licensing regulations should be amended and benami (surpassing the law) business should be strictly prohibited.
Conclusion
The present economic crisis triggered in UAE has intensified the need of a pro-active legislation to deal with both personal and corporate insolvency cases. Though UAE has got specific law relating to corporate bankruptcy some bottlenecks have to be addressed immediately so as to make it compatible to international standards. And a call of the hour is an immediate comprehensive law relating to the personal insolvency which protects the interest of local people who are prone to become the victims of fraud from expatriates.
References:
“Sharia Law and insolvency “paper presented by Justice Amirul Kabir Chowdhury, Judge, High Court Division, Supreme Court of Bangladesh.
Insolvency And Creditor Rights in the MENA region-by Nasser Saidi, Chief economist, DIFC.
Legal recovery strategy for creditors-By Watts and Christina Tsogas
Gulf News-January 5, 2009.
INSOLVENCY LAW ,DIFC LAW No.7 of 2004
Issues in Islamic Finance -What Insolvency Practitioners Need to Know- by Leslie Lang, Mahesh Uttamchandani.
Ireland Bankruptcy Act, 1988
Mayawati and her statutes
Over past several months Uttarpradesh and it's Chief Minister Mayawati have been making the head lines of Media's. But unfortunately, it is not for the development works or improvement of people's living condition in the state, that the BSP Supremo or UP's name hovers in media circle.
The BSP Supremo has spent Rs 2000 crore from state exchequer for the installation of her own statutes and other party related structures across the state. Mayawati has been even fired by the Supreme Court for violating the Court's order which restrained her from continuing the construction works of the statutes which were pending at the time when a PIL was filed before SC against UP govt.
Now on 22th feb 2010 the Hon'ble SC has asked the Election Commission to decide the allegations against Mayawati who has installed statues of Elephants which is the election symbol of BSP, about 60 prominent places in UP.
Everyone knows UP is one among the most back ward states in India. About 70% of the people belong to SC,ST, Minorities and OBC categories. So, Would the statues installed spending crores from exchequer indicate that the deplorable condition of UP is the contribution of BSP...?
What purpose is going to be served by installing the statutes which are even incapable to protect themselves from the attack of miscreants. Will Mayawati's statue sooth the pain of poor..? will it wipe off the tears of poor dalit...? So why doesn't Mayawati spend the money for the benefit of poor living creatures instead of loving statues...? We will hope next time people of UP will vote some good person to power who loves the people rather than statues.
The BSP Supremo has spent Rs 2000 crore from state exchequer for the installation of her own statutes and other party related structures across the state. Mayawati has been even fired by the Supreme Court for violating the Court's order which restrained her from continuing the construction works of the statutes which were pending at the time when a PIL was filed before SC against UP govt.
Now on 22th feb 2010 the Hon'ble SC has asked the Election Commission to decide the allegations against Mayawati who has installed statues of Elephants which is the election symbol of BSP, about 60 prominent places in UP.
Everyone knows UP is one among the most back ward states in India. About 70% of the people belong to SC,ST, Minorities and OBC categories. So, Would the statues installed spending crores from exchequer indicate that the deplorable condition of UP is the contribution of BSP...?
What purpose is going to be served by installing the statutes which are even incapable to protect themselves from the attack of miscreants. Will Mayawati's statue sooth the pain of poor..? will it wipe off the tears of poor dalit...? So why doesn't Mayawati spend the money for the benefit of poor living creatures instead of loving statues...? We will hope next time people of UP will vote some good person to power who loves the people rather than statues.
Thursday, 18 February 2010
BPO, LPO and Now PPO.....?
Feeling odd to see the caption...? Well, after the post recession period new type of out sourcing business is introduced in India. PPO i,e Pregnancy Process out sourcing.
If you are taken aback again, it is not a joke but a funny truth which mocks the helplessness of our legal system. Well, I am talking about “Surrogacy” which can be easier to understand for laymen if it is termed as "wombs for rent" or "outsourced pregnancies".
The recent news about the US gay couples who became parents for a surrogate baby in Hyderabad is the another addition to the SURROGACY trade which has turned to be a booming trade and lucrative options for poor women of India who are ready to give their womb for rent . With the Delihi HC ruling that quashed the sec 377 of IPC on unnatural offences, there will be hardly any law which bars gay marriages.
And it is so strange in India where number of States consider the cow slaughter as a cognizable offence, with Karnataka is a new addition to this list, and even the events like valentine day is strictly opposed by right wing elements there is no teeth to law to regulate surrogacy and prostitution which deteriorates the dignity of women.
In India the stand of the law on surrogacy is not clear. In Baby Manji Yamada vs Union Of India &Amp; Anr decided on 29 September, 2008 the Hon’ble Supreme Court examined the issues relating to the surrogacy but did not pass any order that affects the womb renting. In this case Supreme Court defined the surrogacy in comprehensive way but restrained from discussing the negative consequences of womb renting trade.
Supreme Court observed -Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child shewill not raise but hand over to a contracted party. She may be the child'sgenetic mother (the more traditional form for surrogacy) or she may be, as agestational carrier, carry the pregnancy to delivery after having beenimplanted with an embryo. In some cases surrogacy is the only available optionfor parents who wish to have a child that is biologically related to them.
The word "surrogate", from Latin "subrogare", means"appointed to act in the place of". The intended parent(s) is the individual or couple who intends to rear the child after its birt.
In "traditional surrogacy" (also known as the Straight method) the surrogate is pregnant with her own biological child, but this child wasconceived with the intention of relinquishing the child to be raised by others;by the biological father and possibly his spouse or partner, either male or female. The child may be conceived via home artificial insemination using fresh of frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intra cervical insemination) which is performed at a fertility clinic. '
In "gestational surrogacy" (also know as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother. She may have made an arrangement to relinquish it to the biological mother or father to raise, or to a parent who is themselves unrelated to the child (e. g. because the child was conceived using egg donation, germ donation or is the result of a donated embryo). The surrogate mother may be called the gestational carrier.
"Altruistic surrogacy" is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses).
"Commercial surrogacy" is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by well off infertile couples who can afford the cost involved or people who save and borrow in order to complete their dream of being parents. This medical procedure is legal in several 9countries including in India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. Commercial surrogacy is sometimes referred to by the emotionally charged and potentially offensive terms "wombs for rent", "outsourced pregnancies" or "baby farms".
Intended parents may arrange a surrogate pregnancy because a woman who intends to parent is infertile in such a way that she cannot carry a pregnancy to term. Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a healthy condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy. Alternatively, the intended parent may be a single male or a male homosexual couples.
Surrogates may be relatives, friends, or previous strangers. Many surrogate arrangements are made through 10 agencies that help match up intended parents with women who want to be surrogates for a fee. The agencies often help manage the complex medical and legal aspects involved. Surrogacy arrangements can also be made independently. In compensated surrogacies the amount a surrogate receives varies widely from almost nothing above expenses to over $ 30,000. Careful screening is needed to assure their health as the gestational carrier incurs potential obstetrical risks.
Desperately telling we have no law governing surrogation while we enact laws for each and every thing in this country irrespective of its usefulness and potential adverse affects and abuses .In the name of surrogation lot of irregularities are being committed and money making racket is being perpetuated under the guise of womb renting. In the recent case in Hyderabad which has been mentioned in the beginning Fister and Michael and Brad Fister, a US based gay couple shelled out 60,000$ which approximately comes around 26 lakhs INR for getting a womb for rent for surrogation. But do not surprise, this entire amount never goes to the surrogate mother but major portion is grabbed by middle men. In the instant case the surrogate mother got Rs 4 lakhs and the rest of the amount swallowed by agents.
Thus ,there is an urgent call for the immediate legislation on Surrogacy to eradicate the womb trading and legalise the surrogacy only in the genuine cases where there is no commerciality rather than human values.
If you are taken aback again, it is not a joke but a funny truth which mocks the helplessness of our legal system. Well, I am talking about “Surrogacy” which can be easier to understand for laymen if it is termed as "wombs for rent" or "outsourced pregnancies".
The recent news about the US gay couples who became parents for a surrogate baby in Hyderabad is the another addition to the SURROGACY trade which has turned to be a booming trade and lucrative options for poor women of India who are ready to give their womb for rent . With the Delihi HC ruling that quashed the sec 377 of IPC on unnatural offences, there will be hardly any law which bars gay marriages.
And it is so strange in India where number of States consider the cow slaughter as a cognizable offence, with Karnataka is a new addition to this list, and even the events like valentine day is strictly opposed by right wing elements there is no teeth to law to regulate surrogacy and prostitution which deteriorates the dignity of women.
In India the stand of the law on surrogacy is not clear. In Baby Manji Yamada vs Union Of India &Amp; Anr decided on 29 September, 2008 the Hon’ble Supreme Court examined the issues relating to the surrogacy but did not pass any order that affects the womb renting. In this case Supreme Court defined the surrogacy in comprehensive way but restrained from discussing the negative consequences of womb renting trade.
Supreme Court observed -Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child shewill not raise but hand over to a contracted party. She may be the child'sgenetic mother (the more traditional form for surrogacy) or she may be, as agestational carrier, carry the pregnancy to delivery after having beenimplanted with an embryo. In some cases surrogacy is the only available optionfor parents who wish to have a child that is biologically related to them.
The word "surrogate", from Latin "subrogare", means"appointed to act in the place of". The intended parent(s) is the individual or couple who intends to rear the child after its birt.
In "traditional surrogacy" (also known as the Straight method) the surrogate is pregnant with her own biological child, but this child wasconceived with the intention of relinquishing the child to be raised by others;by the biological father and possibly his spouse or partner, either male or female. The child may be conceived via home artificial insemination using fresh of frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intra cervical insemination) which is performed at a fertility clinic. '
In "gestational surrogacy" (also know as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother. She may have made an arrangement to relinquish it to the biological mother or father to raise, or to a parent who is themselves unrelated to the child (e. g. because the child was conceived using egg donation, germ donation or is the result of a donated embryo). The surrogate mother may be called the gestational carrier.
"Altruistic surrogacy" is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses).
"Commercial surrogacy" is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by well off infertile couples who can afford the cost involved or people who save and borrow in order to complete their dream of being parents. This medical procedure is legal in several 9countries including in India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. Commercial surrogacy is sometimes referred to by the emotionally charged and potentially offensive terms "wombs for rent", "outsourced pregnancies" or "baby farms".
Intended parents may arrange a surrogate pregnancy because a woman who intends to parent is infertile in such a way that she cannot carry a pregnancy to term. Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a healthy condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy. Alternatively, the intended parent may be a single male or a male homosexual couples.
Surrogates may be relatives, friends, or previous strangers. Many surrogate arrangements are made through 10 agencies that help match up intended parents with women who want to be surrogates for a fee. The agencies often help manage the complex medical and legal aspects involved. Surrogacy arrangements can also be made independently. In compensated surrogacies the amount a surrogate receives varies widely from almost nothing above expenses to over $ 30,000. Careful screening is needed to assure their health as the gestational carrier incurs potential obstetrical risks.
Desperately telling we have no law governing surrogation while we enact laws for each and every thing in this country irrespective of its usefulness and potential adverse affects and abuses .In the name of surrogation lot of irregularities are being committed and money making racket is being perpetuated under the guise of womb renting. In the recent case in Hyderabad which has been mentioned in the beginning Fister and Michael and Brad Fister, a US based gay couple shelled out 60,000$ which approximately comes around 26 lakhs INR for getting a womb for rent for surrogation. But do not surprise, this entire amount never goes to the surrogate mother but major portion is grabbed by middle men. In the instant case the surrogate mother got Rs 4 lakhs and the rest of the amount swallowed by agents.
Thus ,there is an urgent call for the immediate legislation on Surrogacy to eradicate the womb trading and legalise the surrogacy only in the genuine cases where there is no commerciality rather than human values.
BT Brinjal Controversy
Bacillus thuringiensis brinjal, commonly known as BT Brinjal is a genetically modified strain of the non-GM Brinjal created by the Maharashtra Hybrid Seed Company (Mahyco) in collaboration with Monsanto Holdings P. Ltd., a U.S. based multinational agricultural biotechnology corporation, which has in these days been the centre of controversy. The said Company claims that the BT a soil dwelling bacterium acts as a pesticide capable of killing pests such as fruit and shoot borer pest and thereby improves the yields many fold. However, some of the Researchers, Scientists and Environmental Organisations like Green Peace advocates that use of such pesticide may harm human beings as there is no hundred percent safety results have been shown by the scientists. After the failure of genetically modified cotton seeds, more and more safety concerns have been attached to the genetically modified food products.
India being a party to the Convention on Biodiversity and being ratified the Cartagena Protocol is committed to act in confirmation with the provisions of the Protocol in respect of the safe handling of living or genetically modified organisms. The Introduction Clause at page 1, para 4 of the Protocol provides for “...... creates an enabling environment for the environmentally sound application of biotechnology, making it possible to derive maximum benefit from the potential that biotechnology has to offer, while minimising the possible risks to the environment and to human health”. The protocol in its object has clearly provided that the biotechnology should be used for getting maximum benefit but at the same time it should not create risks to the environment and to human health.
Furtherance to the provisions of the Protocol, the Genetic Engineering Approval Committee (GEAC) was set up by the Ministry of Environment and Forests to regulate research, testing and commercial release of GM crops, foods and organisms. But the body has been accused of bypassing safety and environmental concerns.
In response to the Public Interest Litigation, on September 2006, the Hon’ble Supreme Court passed an interim order that the entire question of field testing and approval of GM Crops should be handled by competent and committed bodies/scientists. In lieu of which an independent committee was constituted by the Centre for Sustainable Agriculture in Hyderabad which submitted its report to Supreme Court, wherein it cited instances of scientific inaccuracy in data reporting, breach of scientific protocols and improper reporting of allerginicity and toxicity, in the field data provided by the Indian subsidiary of the MNC on Bt brinjal.
The approval of the GEAC for commercial use of Bt Brinjal stating that it is safe for human consumption, inspite of anomaly in the test results, creates a doubt in the common man as to the impartialness of the authority.
Under these circumstances, the Hon’ble Minister for Environment & Forest, Mr.Jayaram Ramesh issuing a “moratorium” for the commercial use of Bt Brinjal is really appreciable. Unless it is scientifically proven that the Bt brinjal doesn’t affect the human health or environment, the same should not be allowed to be implemented commercially. Along with this the Govt. should also provide for labelling of such genetically modified food products as mentioned in the Cartagena Protocol. The health of millions of Indians cannot be left under the hands of few monotonous bodies.
Contributed by:
Saraswathi KN,
advocate,
Bangalore
Wednesday, 10 February 2010
Reservation and Muslims
With the recent ruling of Andhra pradesh High Court which quashed the reservation quota for Muslims in education and job once again Indian Muslims unfortunately have been dragged into an another unnecessary controversy. While we cannot say the decision given by the court is incorrect it urges the Muslim Community for a immediate introspection to figure out where exactly the community lost its fight for Justice in prodigious number of cases in India.
It is a hard truth that in India the socio-economic condition of Muslims is worse, compare to other back ward classes. The reasons for such type of deplorable condition are many. Some of them are related to historical back ground and some are self committed sins. I dont want to discuss all those reasons which have left Muslims back ward in India. Off course no purpose will be served from wasting the time on such discussion at this point of time as nobody is going to compensate for historical prejudices the community suffered.
So we will discuss about the present chaos which hamper the progress and prosperity of the Community by trying to cripple it for permanent in India. It is high time for Muslims to decide what is right and wrong for them and who is their friends and enemies.
If Muslims have a notion that politicians are their friends whoever it may be , say Congress, CPM,SP,BSP so on so on, indeed they are great fools. Because politicians are only those who keep on hoodwinking the Muslims over the decades. If Muslims had not been dragged into political dramas then the community would not have been in today's pathetic condition in any ways.
To put it simple reservation quota has nothing to do with Muslim's socio-economical development. ThoughAP High Court has quashed it in AP state , still West Bengal Chief Minister says he will introduce10% quota for Muslims. What a contradiction...! If we are in the notion that Buddadevji does it from his heart we will be fooled. In the recent future WB is heading for polls and 30% voters are from Muslim Community who have recently turned away from CPM to Trinmool Congress after supporting Communists for over 30 years.
In Andhra Pradesh's Case Muslims are the main vote bank of congress .So, to appease them Cong plays a unethical game or political tricks which definitely harm the interest and self esteem of Muslims. To articulate it firmly Muslims never should be a beggar community in the country which always looking out for govt's help in each and every thing. To achieve self reliance Muslims have to develop a sense of self esteem which will help to outsmart the bloody political games of self centric politicians.
And, finally the time has come when we Indian should rethink about our approaches and policies on religions. The criteria for reservation and quota should always be the economic condition of the person and not the religion or caste. It is high time to realize ourselves that we should clean the politics by keeping the caste and religion at bay or at out homes but not in public life.
It is a hard truth that in India the socio-economic condition of Muslims is worse, compare to other back ward classes. The reasons for such type of deplorable condition are many. Some of them are related to historical back ground and some are self committed sins. I dont want to discuss all those reasons which have left Muslims back ward in India. Off course no purpose will be served from wasting the time on such discussion at this point of time as nobody is going to compensate for historical prejudices the community suffered.
So we will discuss about the present chaos which hamper the progress and prosperity of the Community by trying to cripple it for permanent in India. It is high time for Muslims to decide what is right and wrong for them and who is their friends and enemies.
If Muslims have a notion that politicians are their friends whoever it may be , say Congress, CPM,SP,BSP so on so on, indeed they are great fools. Because politicians are only those who keep on hoodwinking the Muslims over the decades. If Muslims had not been dragged into political dramas then the community would not have been in today's pathetic condition in any ways.
To put it simple reservation quota has nothing to do with Muslim's socio-economical development. ThoughAP High Court has quashed it in AP state , still West Bengal Chief Minister says he will introduce10% quota for Muslims. What a contradiction...! If we are in the notion that Buddadevji does it from his heart we will be fooled. In the recent future WB is heading for polls and 30% voters are from Muslim Community who have recently turned away from CPM to Trinmool Congress after supporting Communists for over 30 years.
In Andhra Pradesh's Case Muslims are the main vote bank of congress .So, to appease them Cong plays a unethical game or political tricks which definitely harm the interest and self esteem of Muslims. To articulate it firmly Muslims never should be a beggar community in the country which always looking out for govt's help in each and every thing. To achieve self reliance Muslims have to develop a sense of self esteem which will help to outsmart the bloody political games of self centric politicians.
And, finally the time has come when we Indian should rethink about our approaches and policies on religions. The criteria for reservation and quota should always be the economic condition of the person and not the religion or caste. It is high time to realize ourselves that we should clean the politics by keeping the caste and religion at bay or at out homes but not in public life.
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