THE HYPOCRISY OF BECOMING MODERN

To become modern and develop is something that’s sort of a rage these days; every country, every religion, every community, every single individual wants to “modernize” because it’s so called “in-trend”. Literal meaning of ‘modern’ is to become up to-date. Encyclopedia Britannica defines modernization as “the transformation from a traditional, rural, agrarian society to a secular, urban, industrial society”. On the other hand, Wikipedia refers modernization to a “model of a progressive transition from a 'pre-modern' or 'traditional' to a modern society”-  In short what they are trying to say is that we are evolving as individuals and as a community. Well, I DON’T BELIEVE SO. In my opinion, in the name of modernization we are degrading each day. Where life at cities might have become more convenient, it has become very difficult to afford such convenience- thanks to inflation for that. We have become modern by leaving behind evil practices against women (for namesake though) but we can’t leave evil thoughts and perspective (evident from the ever increasing  cases against women) and then we say we are modern-  And that’s the irony of life.

“Bahu toh modern honichaiye” is very common dialogue these days because everyone wants that his/her daughter-in-law should belong to ultra-modern society, but if she works late at office she is accused of forgetting her roots- we love the fact that she is earning but we can’t see her progress. We ultra-modern children want our parents to learn our language, understand our generation and learn our technology but we can’t accept them in their old age- check out old age homes, they are full of such stories. Every Indian wants age-old politics to just be a forgone story but we are too naive to accept new changes- that’s why we keep on finding flaws of  a new party like AAP (Aam Aadmi Party). All of us want to stop sexual assault but we are too afraid to accept existence of HTB (homosexual-transgender-bisexual) – because it is “against our culture” but then what about many transgender mentioned in our epics? Everyone wants communal balance in society but we are still against inter-caste/religion marriages- and we call ourselves MODERN. Where Indians in order to become modern keep on following western countries, what we really need is to follow our own Asian counterparts- JAPAN which, despite facing worst use of nuclear bombs in human existence has managed to stand up and now is one of the fastest emerging power. It has best able to define MODERNIZATION by declining evils from culture and keeping an ideal balance between its roots and technology. We all should learn from such a nation which has an island in the name of territory and has almost nothing as natural resources but has still been able to mark its name in technology and development. Now that’s what I call as – MODERNIZATION.   “FOOD FOR THOUGHT”

Authored By- Nikita Sharma

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Jai Ho- Salman khan and the Copyright Controversy

Salman Khan starrer ‘Jai Ho’ which is set to release in January this year has run into legal trouble over its film title. It is learnt that following the success of the song ‘Jai Ho’(featuring in Slum dog Millionaire) music director, A.R. Rehman had trademarked the title ‘Jai Ho’ and the producers of the film ‘Jai Ho’ will now require a license from Mr. Rehman in order to use it as their film’s title.

Question is whether the song title can be copyrighted?

A song title falls under the category of ‘literary work’ and according to s.13 of The Copyright Act, 1957 a copyright subsists in a literary work if it is original. . The phrase was in use prior to it being converted into a popular song. ‘Jai Ho’ as a song title is not an original work and cannot be attributed to A.R. Rehman. Had the song title been a “coined phrase”,  A.R Rehman would have a strong case of protecting the same as trademark. ‘jai ho” is a common word which is used quite frequently. If general words become a matter of copyright then it can lead to complexity in procedures. The basic aim of copyright is to protect work of original nature and “jai ho” cannot be given the status of trademark. Above all the real debate is whether the movie is gaining popularity because of the title. The answer is no. Every movie solely rests upon the script and not the title and for this reason celebrity names have till date not been given protection under copyright law.

A similar problem arose when Chetan Bhagat claimed copyright infringement over movie 3 idiots as being adaptation to his novel five point someone. After seeing the movie it cannot be said movie was copied. It was given an all together a new dimension. Ideas don’t enjoy copyright, for a case to fall within copyright infringement it has to be copied work in totality.

 R.G Anand v Delux Films (AIR 1978 SC 1613) is the first landmark judgment on copyright where The humble Supreme Court  of India has laid down the following general propositions regarding infringement of a work:-

1.     Copyright is not applicable in support matter an idea, subject matter, themes, legendary or historical facts. However, the manner, form, and expression of the idea of the copyrighted work fall in the domain of violation.

2.     In case the same idea is developed in a different manner, manifesting may be using source the Courts will identify if the similarities are on substantial or fundamental points of the mode of expression adopted in the copyrighted work. The imitation with marginal variations here and there is a violation of copyright.

3.     The third person, i.e. the reader, the viewer or the spectator after having read or seen both the works comes out with the opinion based on reasonable proof that the subsequent work appears to be a copy of the original.

4.     There is no violation if the same theme is presented and treated differently and the final output turns out to be completely new work.

5.     In case, there are similarities but dissimilarity in the contained material do not indicate intention to copy, and intention to copy the the coincidences are clearly incidental.

6.     The copyright violation must be proved by clear and cogent evidence.

Also Moral Desert Theory argues that, “every man has a property in his own person”, i.e. the fruits of a man's labour belongs to him, but one cannot be sure the very same idea did not at the same moment enter some other mind. Thus these rights can only be justified if they are implemented in such a way that rights of an individual are protected without infringing on another.

The question still remains debatable as to whether Salman khan should not be allowed to use the name just because it’s been used earlier in a song title which got popular?

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A Gandhi Worth Remembering.

If there was ever a Gandhi from the Nehru-Gandhi clan who could stand against what’s wrong and who expressed views uninfluenced by the greed for power and who upheld what was right and just even though it was against his own kith and kin.  This Gandhi we are talking here is not the Gandhi who wanted power and who was capable of doing everything possible to retain it, this is also not the Gandhi who won the highest ever majority in the parliament and could still not bring the revolution from paper to reality and it is not even the Gandhi who in the disguise of sacrifice runs a pseudo government. This Gandhi in discussion is Feroze Gandhi, a man worth remembering.

    On December 16, 1957, to be exact — there took place in the Lok Sabha one of those memorable debates that have, alas, become a thing of the past. A young man stood up in the Lok Sabha and started speaking, better to say roaring. He was exposing out the first scam in the parliamentary democracy of India, though he belong to the Treasury bench. His father-in-law, the then Prime Minister of India, Jawaharlal Nehru was hearing the thundering words. Nothing prevented Feroze Gandhi from exposing corruptions. The scam in question here is touted as the first ever financial and corruption scandal of Independent India which is known as 'Mundhra Scandal'.  In June 1957 the public-sector Life Insurance Corporation (LIC) had bought 1.24 crore, or 12.4 million rupees, worth of fraudulent stock in six companies owned by Haridas Mundhra, a Calcutta-based businessman. The investment was the largest that LIC had made in its short history, but contrary to regulations, its investment committee had not been consulted on the decision. Ostensibly, the shares were purchased by LIC to stabilize the market; in reality, they had the effect of bailing out a suspect businessman, and the puzzling order to do so seemed to have come from within the highest reaches of government. The crusade to demand an explanation for LIC’s decision was led, in an odd soap-operatic twist, by Feroze Gandhi, son-in-law to Prime Minister Jawaharlal Nehru. In his speeches in the Lok Sabha, Mr. Gandhi charged that the principal finance secretary, H.M. Patel, and the finance minister, Mr. Krishnamachari, had pushed LIC’s investment through.

   Feroze Gandhi was quoted saying in the house, "Mr. Speaker, there is going to be some sharp shooting and hard hitting in the House today, because when I hit I hit hard and expect to be hit harder. I am fully conscious that the other side is also equipped with plentiful supplies of TNT."  The hit was so hard that it resulted in the resignation of finance minister, termination of finance secretary and imprisonment of Mundhra.  This glimpse of Feroze Gandhi’s life shows an exemplary example of being a Parliamentarian in true spirit and fight against injustice and corruption inspite of the fact that it is against one’s own party or family.

   It is indeed a sad situation that this man today stands as a forgotten Gandhi inspite of the fact that he was one Gandhi who could not reconcile with injustice and corruption which in the present day are associated with the family and party that he once belonged to. He never took the pride in being the son-in-law of prime minister unlike the Gandhi's today who are said to have excellent credentials only based on their legacies.  According to Chalapathi Rao, a well known journalist and friend of Feroze "He was a bundle of impulses but bound together by idealism". So let's remember this Gandhi who is worth remembering for the kind of standards that he has set in being a parliamentarian and not taking pride in legacies.

   

About The Author:-

    Manoj Reddy 
   3rd Year, BBA-LLB (Hons.)
   FOL, IFHE Hyderabad

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Jagriti Online Course On Corporate Social Responsibility- Session II

    About the Course: Jagriti is offering a certificate course on Corporate Social Responsibility (CSR). The purpose of this Certificate Course is to provide students, Lawyers, NGOs, International Organizations and Governments ,  an experience-based, integrative exposure to this emerging and dynamic field of business practice. Jagriti’s CSR certificate course is a first of its kind; it blends both legal and management dimensions of CSR.

Total No. of Seats: 60

Eligibility Criteria: Appearing Graduates/Graduates/ Post Graduates in any field/Corporates/NGO Professionals/ Government Employees

Selection procedure: Admissions open and will be on first come first serve basis.

 

COURSE FEES :Students (UG & PG): Rs. 1500/-Professionals & Academicians: Rs. 2500/-REGISTRATION PROCESS:Step 1: Interested applicants are required to make a Demand Draft in favour of ‘‘Jagriti’ payable at Allahabad.Step 2:  Fill the registration form with your Demand Draft details.

Step 3: Post your Demand Draft at the following address
             54/F Strachey Road, Civil Lines Allahabad-211001

OR

The applicant may make the payment through RTGS/NEFT/Electronic transfer

Allahabad Bank, Polytechnic Br., Allahabad

IFSC: ALLA0210520

A/C: 50151463113

Beneficiary Name: JagritiPlease mention your Name, Address, E-mail ID and Contact Number on a Cover Letter along with the Demand Draft. Send it through Speed Post, Registered Post or Courier only.The applicant need to send us the scan copy of DD with his Mailing Address.

After receiving the payment our team will confirm the registration and provide you with a registration receipt and enrollment number.

Important Dates

Last Date for Enrollment and Payment of course fees: 15th February 2014

·         Dispatch of Study Material: 25th February 2014.

·         Course Starts at 2nd March 2014.

·         Exam Date: 1st week of May 2014.

·         Result Declaration 3 week of May 2014.

·         For any further communication contact at csr.jagriti@gmail.com  Or, call Course Coordinator @ +91-8544202942, +91- 9695752551

·         Certificates will be couriered to participants within 10 days from the date of declaration of results.

 

For more information Log on to: http://www.jagriticertificatecourse.com

Register here: http://www.jagriticertificatecourse.com/uploads/1/9/8/2/19822901/application.pdf

PLEASE MENTION FOR THE SAKE OF ARGUMENT AS THE SOURCE OF INFORMATION IN THE REGISTRATION FORM.

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