Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Wednesday, 13 August 2014

Certificate Course on Introduction to Corporate Social Responsibility

Corporate Social Responsibility is a management concept whereby companies integrate social and environmental concerns in their business operations and interactions with their stakeholders.
A properly implemented CSR concept can bring along a variety of competitive advantages, such as enhanced access to capital and markets, increased sales and profits, operational cost savings, improved productivity and quality, efficient human resource base, improved brand image and reputation, enhanced customer loyalty, better decision making and risk management processes.
This course will prove extremely helpful for Students & Professionals from Legal & Managerial Backgrounds. The purpose of this Certificate Course is to provide the learner an experience-based, integrative exposure to this emerging and dynamic field of business practice.

View Course Instructor Details: Click Here
View Sample Certificate: Click Here

Monday, 11 August 2014

ICCSR SPONSORED NATIONAL SEMINAR: ISSUES OF MINORITY IN JHARKHAND [13th and 14th September, 2014]

ORGANISED BY: B.S.CITY COLLEGE SECTOR VI BOKARO, JHARKHAND, 827006

SUB-THEMES:

    1)  CONDITIONS OF MINORITY IN UNDIVIDED BIHAR
    2)  SOCIO –ECONOMIC DEVELOPMENT OF MINORITY AFTER THE CREATION OF JHARKHAND
   3)   ELECTORAL BEHAVIOUR AND POLITICAL PARTICIPATION OF MINORITY IN JHARKHAND
   4)   AWARENESS AND EMPOWERMENT AMONG WOMEN OF MINORITY
   5)   LEGAL AND CONSTITUTIONAL PROVISIONS REGARDING MINORITY’S DEVELOPMENT :                                                             

 LAST DATE FOR ABSTRACT SUBMISSION: 25th AUGUST- 2014

THE EMAIL ID FOR ABSTRACT SUBMISSION: snehasuman1987@gmail.com

CONVENOR:

Dr. MD HASSIN AKHTAR,
ASSISTANT PROFESSOR,
DEPARTMENT OF POLITICAL SCIENCE,
B.S.CITY COLLEGE, BOKARO

DELEGATE FEE:

ACADEMICIANS: 1500/ PER PARTICIPANT
RESEARCH SCHOLARS / STUDENTS: 1200/ PER PARTICIPANT

A/C NUMBER: 11454456759
STATE BANK OF INDIA, BILBERA
BRANCH CODE: 04679, IFSC: SBIN0004679
A/C TYPE: SAVING, NAME: SNEHA SUMAN
NO TA/DA WILL BE PAID TO THE DELEGATES

OUTSTATION DELEGATES MAY ARRANGE ACCOMMODATION.  FOR THEM WE WILL HELP THEM IN FINDING GOOD  ACCOMMODATION IN THE NEARBY AREAS.

CONTACT DETAILS:
Ms. SNEHA SUMAN
M.A (ECO) & MBA (HR)
DOCTORAL RESEARCH SCHOLAR
DEPARTMENT OF ECONOMICS
VINOBA BHAVE UNIVERSITY, HAZARIBAG
JHARKHAND (INDIA)
MOB: +918797362091








Sunday, 10 August 2014

Getting Linked on LinkedIn



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In the cut throat competitive world of Law schools, “connections” is the most valuable asset. Whether on the real world, or on social networks. While law students spend a decent amount of time (in some cases a majority of their time) on Facebook, very few have tapped into the unlimited potential of LinkedIn.  There is a popular saying which goes,“Facebook, is how you want your friends to see you. LinkedIn in how you want your potential employers to see you.”
All of us are leaving behind a digital footprint whenever we go online, whether we like it or not.  Hence, instead of trying to control our footprint, we can make it more prominent. It would be like impressive breadcrumbs for interested employers who might carry out a background check.  And the industry lore is that background check online is a common thing these days. HR departments of high end firms and companies, all Google you and check your Facebook, LinkedIn and other social media pages before they hire you. So, yes, anything you have said, can and will be held against you.
It is alright if you don’t have a LinkedIn page yet. It’s never too late. The advantage LinkedIn provides over any other network is that it’s strictly professional structure and features allow you to briefly highlight your core competencies and your professional
interests. You get to list your skill set, fill in the courses you have attended, add your achievements and you have your basic profile ready. Remember, LinkedIn is not Facebook. You can’t, and should not randomly add anyone and everyone you wish.
Now, first things first, if you want potential employees to treat you like a professional and not like children, always remember that first impression counts a lot. Hence, the following Do’s;
1)      Use your real professional photo as a display picture. No cheesy, cheeky quotes or pictures.
2)      Do not add stuff in your profile which you never achieved. Don’t say you took part in stuff or won stuff you never did. Only keep the most relevant stuff. People don’t have all day to look at your profile.
3)      Add relevant skill set. Things you know and other know that you are good at doing.
4)      Recommend other people for their skills. This way they will recommend you back on your skills and your skill sets would look more impressive.
linkedin_infographic
5)      Join relevant groups. Again, no point joining any and every group. Join the ones which are relevant to your line of work.
6)      Last, but not the least important, write a good introduction about yourself. Keep it short, simple and to the point. Most importantly, keep it original.
Contrary to how it may sound, the art to getting anywhere lies in selling your skills properly. You may be the most intelligent law student to graduate this year, but if your presentation isn’t good enough, no one would care about what’s inside.

The Curious Case of Section 376

A six-month long survey conducted by leading newspaper The Hindu has brought to light startling conclusions about the cases of rape recently brought before the Delhi courts. The figures represent the stark reality: rape laws have recently been misused in Delhi.

METHODOLOGY

The Hindu conducted an analysis of cases of sexual assault decided in Delhi’s six district course with a view to discern a theme among them. Nearly 600 cases have been brought before the Trial Courts in 2013. The Hindu analyzed them and categorized them according to various factors (outcome, victim’s nearness to the accused, age of the victim, judge’s observation, etc.) The newspaper also conducted interviews of a motley crew of judges, public prosecutors, police officers, lawyers, women’s right activists, complainants and accused.  The investigation, published in three parts (available here, here and here) lasted six months and brought to light a nuanced picture of sexual assault in the capital.         

THE NUMBERS

The Hindu’s analysis revealed that of the 583 cases decided in the Trial Courts (where the case first comes for trial), the largest percentage were of cases of elopement, followed by instances of non-appearance of complainant, rapes by neighbours and acquaintances, breach of promises of marriage, sexual assaults by close relatives and strangers.



NEARLY 30% INVOLVE ELOPEMENT

The survey reveals that 583 cases were decided by the six District Courts of Delhi in 2013. Of the number of cases instituted, nearly 30% involved elopement of the boy and girl, followed commonly by a complaint of abduction and rape by the girl’s family. In nearly two-thirds of the 174 cases of elopement, the woman insisted in her deposition before the police, doctors and magistrates that she was in love with the accused and, in most cases, even got married. They also complained that they had been subjected to repeated beatings and threats by parents who even, at times, forced her to undergo abortion. Not surprisingly, a large portion of these cases involved inter-caste and inter-religious couples. It was further observed in 67 of 174 cases of alleged elopement that the girl, though first admitting (either in the FIR, medical examination or to the magistrate) that she eloped of her own volition, subsequently turned against the accused. Noted lawyer and activist Seema Mishra attributes the recantation to systematic brainwashing by the girl’s family. Further, in 10 of the cases of alleged elopement, the intercourse though consensual, resulted in ‘rape’ since the girl was found to be a minor.

21% CASES ARE FALSELY INSTITUTED

Next were the instances of ‘sexual assault’ where the complaint turned out to be false. In 123 of the 583 cases, the accused was acquitted since either the complainant went missing, stopped attending the proceeding or went hostile. Many even alleged that they had filed the case on a false complaint only to extract money or for property.  In two cases, the complainant claimed in her deposition that she retracted on account of intervention by ‘community members’.

BREACH OF PROMISE OF MARRIAGE CONSTITUTE 18%

The next chunk comprised cases of rape involving an alleged breach of promise of marriage by the accused. In the 109 cases registered, it is alleged that while the accused initially agreed to marry the complainant, he subsequently refused to put his promise into effect. The complainant alleges rape on account of her consent being vitiated by a false promise of marriage. Only 12 of such complainants resulted in conviction. These were instances where the accused was either already married or had conducted a fraudulent marriage ceremony with the complainant.

NEARLY 27% CONSTITUTE RAPE THE WAY COMMONLY UNDERSTOOD

While in 111 of the 583 instituted cases, the complainant alleged rape by the neighbour or an acquaintance of the complainant, in 30 cases, rape by a member of the family was complained. There were 12 instances of rape by strangers and 9 that involved trafficking and prostitution. The Hindu found that among those involving neighbours, nearly half could be characterized by a man in a slum sexually assaulting his neighbour’s minor daughter by luring or forcibly taking her to his house. Among rapes committed by immediate family members, it was discovered that in almost all cases it was a young child who was subjected to the crime. In rapes by strangers, the accused looked for the opportune moment to prey on vulnerable women who were either homeless, had run away from their home or was a child. The rapes belonging to this category are the ones commonly understood by everyone.





LOOKING BEHIND NUMBERS

The numbers scarcely reveal the agony of the rape victim. When considered closely, the numbers reveal the true picture of rape in the National Capital. Let us attempt to look behind the numbers to understand better what they mean.





ABSENCE OF FREE CHOICE

The fact that nearly 30% of ‘rape’ cases involve complaint by the girl’s family after the boy and girl elope together is symptomatic of a larger malaise creeping deep within the society. The issue may be considered to be twofold: One, of lack of freedom to choose one’s spouse and two, of the fear among couples to be persecuted for their choices. Statistics reveal that, despite belonging to an urban modern milieu, parents in Delhi seek special interest in marriage of their children. Such an interest often takes the form of imposition of their choices on the to-be bride/groom. An individual choice of their child to select their partner is seen as an audacious act of effrontery by their parents. The fear of repercussion drives the young couple to run-away from their family. It is even more surprising that the city that boasts modern infrastructure is dwelled by those who believe in the taboo of inter-caste and inter-religious marriages.  The Hindu claims that a vast majority of such cases were marked by a savage attitude of the girls’ parents who often resorted to brutal violence against the couples. For the vengeful, section 376 thus becomes a tool to settle scores with the boy.

A TOOL TO DEFAME

Rape laws are also often seen to be misused by those who aspire to only defame the accused. The complainant has an axe to grind with the man. She files a complaint against him, ensures he gets harassed by the police and is condemned by the society. Instead of complying with the due procedure of law, she feels satisfied in the apparent pre-trial defamation of the man. In 123 cases, The Hindu reports, the complainant often went missing or claimed she never alleged rape. While it’s truly believable that her family has a major role to play in forcing her to retract, it would be unwise to assume that rape laws aren’t being misused to seek revenge. In May, 2013 Justice Kailash Kambhir of the Delhi High Court noted that rape laws are also being used as "a weapon for vengeance and vendetta". He clarified that judges must "cautiously examine the intentions of the girl to find out whether the rape complaint is genuine or has mala fide motives" 

A FALSE PROMISE OF MARRIAGE

The other issue often seen in instances of rape is of the alleged breach of a promise of marriage. The prosecution claims that the accused, by promising to marry the girl, indulges in intercourse with her; her consent thus being obtained on a promise. The consent gets vitiated as soon as the man fails to fulfil his promise leading consequently to the offence of rape. The issue must be understood by distinguishing between instances of breach of promise and non-fulfillment of promise. In the former, the accused possesses a sly motive and makes a false promise of marriage to the naive girl only to indulge in intercourse. The intention of the accused is never to marry her but to make a false gesture to obtain her consent covertly. The latter cases involve the accused, though initially believing to fulfill his promise of marriage, unable to do so afterwards for unforeseen reasons. While in the former case the accused deserves to be severely punished, the latter deserves to be treated differently. In Deepak Gulati v. State of Haryana (Criminal Appeal No. 2322 of 2010), the Supreme Court Bench recently noted that to convict a man of rape “there must be adequate evidence to show that at the relevant time, i.e., at initial stage itself, the accused had no intention whatsoever, of keeping his promise to marry the victim.” “The court must be assured of the fact that from the very beginning, the accused had never really intended to marry her”, Justice B.S Chauhan, while delivering the judgement, added. What could perhaps, in addition to the intention of the accused, also be considered is the mental constitution of the complainant. It would be difficult to believe the narrative of an educated woman who possibly was well aware of her act and indulged in sexual intercourse by reason of her love and not solely on the misrepresentation made by the accused. 

FIDUCIARY TREASON

The cases of rape by close relatives, acquaintances and neighbours reveal a sordid reality: those in a fiduciary relationship are exploiting the trust entrusted in them. The National Crime Record Bureau (NCRB) further notes that of 33,707 instances of rape registered in 2013 in India, 31,807 cases involved rape by someone known to the victim. Instances of incestual rapes too are on a rise with 536 recorded cases. The report by NCRB, titled “Crime in India 2013” further highlights that in 33.9% of cases the accused was a neighbour. Imagine the agony of a young girl subjected to sexual exploitation by someone who she fondly called ‘uncle’ and in few cases even ‘brother’ or ‘father’. How would she feel in having to share the same hearth with her assailant? Instances are not rare where the victim is subjugated and enslaved for months. It is this category of crimes that deserve the harshest of punishments.



DEFEATING THE CAUSE OF WOMEN'S RIGHTS


By misusing laws that are aimed at ensuring protection of women, the wrongdoers are committing a huge disservice to the cause of women. The Indian judiciary is already reeling under a colossal amount of pending cases. Filing baseless cases not only ensures that the real perpetrator of crime goes scot-free but also creates prejudice among judges against genuine victims. If the poor conviction rate of 24% for rape in India is anything to go by, misuse of rape laws would act as the final nail in the coffin of women justice.



CAVEAT:

The Hindu’s survey is limited in geography to Delhi. Instances of sexual violence occur routinely in all parts of the country. Also, the survey is a quantitative analysis of cases that reached their conclusion or were dismissed due to non-appearance. Instances are not rare where the girl is prohibited to file an FIR, the case is dismissed in limine for lack of evidence or the case never reaches its conclusion. To make hasty judgements on the basis of only this data would be foolhardy.






About The Author:-

Anmol Vashisht is Assistant-Editor at 'For the Sake of Argument'. He regularly writes on contemporary issues of politics, law and international affairs. As a budding lawyer, he hopes to change the system: one article at a time.