Libertatem Magazine - Issue 34 [November 2017]

EDITION 34 NOVEMBER 2017LIBERTATEM MAGAZINE www.libertatemmagazine.com Cover Story The UP Boiler Burst Tragedy Featured Story Taj Mahal in Storm ofHistory and Propaganda Editor’s Pick Decoding ‘Menace of Hunger’ in India

Libertatem Magazine - Masthead LIBERTATEM MAGAZINE www.libertatemmagazine.com Edition 34 - November 15, 2017 Masthead Editor In Chief Ankita Ranawat Pubishing Editor Rahul Ranjan VP - Editorial Operations Ritisha Mukherjee (Institute of Law, Nirma University) Advisory Editors Prof. Dr. Howard Williamson (Univ. of South Wales) Prof. Dr. Ahmad Ghouri (Univ. of Sussex) Dr. A. Lakshminath (Chanakya National Law Univ.) Prof. T. Sathyamurthy (National Law School of India Univ.) Dr. Borbala Fellegi (Consultant, Social Policy, Hungary) Dr. Dabiru Patnaik (Jindal Global Law School) Shhaurya Sah (Associate, Inttl Advocare) Fr. Peter Ladis (Chanakya National Law Univ.) Editorial Associate Nada Faruqi (Aligarh Muslim University) Senior Editors Smriti Brar Swarnabh Dutta Madhav Kumar (LLM, University of Hong Kong) Associate Editors Rubel Bareja (Institute of Law, Nirma University) Rohit Yodha (Institute of Law, Nirma University) Amit Singhal (National Law Institute University, Bhopal) Apurv Taran Jain (National Law University, Odisha) Arushi Sheti (Amity Law School, Delhi) Mohd. Azeemullah (University of Al-Asmariya, Libya) Saloni Sharma (Institute of Law, Nirma University) Muskan Yadav (Institute of Law, Nirma University) Content Developers Khushbu Shah (Maharastra National Law University) Vaishakhi Mudanna (Damodaram Sanjivayya National Law University) Vaibhav Sharma (Rajiv Gandhi National University of Law) Nitya Jain (Instiitute of Law, Nirma University) Shreyan Acharya (Vivekananda Institute of Professional Studies) Shresth Vardhan (Institute of Law, Nirma University) Debajyoti Saha (School of Law, Christ University) Mohammad Azeemullah (University of Al-Asmariya, Libya) Chahat Mangtani (Institute of Law, Nirma University) Shashwat Tiwari (Institute of Law, Nirma University) VP - The Courtroom Swarnalee Haldar (Advocate) The Courtroom Reporters Jane Maria (National Law University, Odisha) Shweta Subudhi (Midnapore law college, Vidyasagar University) Desktop Publishing Design Ankita Ranawat & Rahul Ranjan © All Rights Reserved by Libertatem Media Group [2017]

Contents Contents of Edition 30Cover Story November 2017 Volume 3 Number 11The UP Boiler Burst Tragedy (p.4) Edition 34Featured Story 04Taj Mahal in Storm of History and Propaganda (p.6)Editor’s PickDecoding ‘Menace of Hunger’ in India (p.9)Expert Article 09Sexual Harassment / Sexism in the workplace happenmore often than you think (p.12)Legal News StoriesIndia’s Diplomatic Prowess - Tool to tackle Belligerent China and Pakistan (p.14)Escalating tensions between India and Pakistan (p.18)India World No.1 in Cricket - Decoding Team India’s Success Formula (p.20)the CourtroomAmity Law School Lands In Legal trouble (p.26)Muslim father-in-law is not liable to give maintenance todaughter-in-law after son’s death (p.27) 20 14 © All Rights Reserved by Libertatem Media Group [2017]Disclaimer - The opinion expressed in each article is the opinion of its author and does not necessarily reflect the opinion of Libertatem Media Group. Therefore, Libertatem Magazine carries no responsibility for the opinion expressed thereon.

Libertatem Magazine - Edition 34TBhuersUtPTrBaogieledry By Debajyoti Saha Recently, there was an explosion in the broiler of the National Thermal Power Corporation Limited’s (here- inafter referred to as “NTPC”) Unchahar Power Plant situated in Rae Bareli. According to the investigators, the engineers were aware of the aware of the problem in the broiler after it was commissioned some months ago. The main reason behind the incident was cited as the extremely high pressure of the content of ash in the furnace. According to the preliminary inquiry by the engineers, there were lack of safety measures. The NTPC plant is a 1550 megawatt plant, having six power generating units, distributes electricity to six states. These high-pressure boilers are hazardous equipments which are regulated by special laws.Page 4

Cover Story The main objective of the Indian Boilers Act, 1923 is to ensure the safety of life and the protection of the property by mandating stan- dards for the broiler’s maintenance. According to the NTPC offi- cials, they knew of the problem in the broiler thereby, decreased the generation capacity of the plant. The main query was why NTPC did not shut down the unit. The NTPC was trying to repair the broiler, that’s why the unit was not shut down. The cleaning of the furnaces were fully automatic. But there may be requirement of manual cleaning in case of clinkers. Clinkers are lumps formed when the coal is burnt at a high temperature. Due to these clinkers, the ash outlet was blocked thereby increasing the pressure and melting the safety valves inside the broilers. In the aftermath, there were around 100 people who suffered burns and 20 who are still in very critical condition. 32 people died due to the above incident. The National Human Rights Commission has asked for a report on this incident from Uttar Pradesh Government. The issues to be looked into are whether there were enough safety measures and alarm systems in place. The above incident reminds of the Bhopal Gas Tragedy where there was leakage of Methyl Isocyanide because of high pressure. The casualties were innumerable. In the current gas leakage in Rae Bareli, the casualties were not high but the main dispute remains the same; whether the hazardous industries of India are still not equipped with enough safety measures. Usually what happens is that every broiler is installed with adequate safety alarms which are responsive to the high pressure. In the current incident, the broiler was newly installed and it has been mandated that there should be periodic reviews of the same. Another point to be seen here is that there was blockage in the outlet of the waste gases in the form of ash. The investigation is conducted by the NTPC officials. There is no third party investigation. The Government must understand as to whose interests are at stake. It is the life of the workers and the people living in the vicinity of the plants etc. According to Nation- al Crime Reports Bureau, there were around 61 deaths in the year 2015 and it is still rising. There is no transparent regulatory mech- anism for the safety of broilers. The Government had announced compensation of 20 lakhs to the deceased ones, 10 lakhs to serious-ly injured people and 2 lakhs to the people having minor injuries.P. Uma Shankar, India’s former power secretary, opined that there were no such accidents in the NTPC plantsfrom the last 20 years. He affirmed that the NTPC would work on the recommendations given by the enquirycommittee. One of the eye-witnesses (worker) stated that there were several people present in the plant duringthe blast. The workers had already informed the officials about the rise in the temperature. The NTPC officialsare lying that only few people were injured. The Government has kept quiet on the preliminary findings of theengineers and held that all the safety standards were in place. The NTPC officials are taking the defence that thebroiler was commissioned in the presence of independent engineer and the NTPC had no role in the same. Thisis the first time that a new broiler exploded.In the author’s opinion, the time has already ripen for the Government to take necessary steps regarding thehazardous industries. In last two years, we have heard few industrial accidents and the reasons are inadequatesafety measures. An industrial hazard can affect thousands of people. The investigation of all these hazards mustbe conducted by third party so that the Government can get a clear view of the causes of the hazards. All theseindustries falls under Maharatna or Navratna categories. The Central Government is responsible for the safetyof these industries. Therefore the onus will be on it to prove that they had complied all the requirements. Theprocess of reinstating all the deficiencies has to be fastened before any more hazard happens in future. Page 5

Libertatem Magazine - Edition 34Taj Mahal in Storm ofHistory and PropagandaBy Mohammad Azeemullah The radiance of Taj Mahal, at the moment, is blurred not by deterioration in climatic conditions but by unfound- ed discourse of xenophobes. The glory of White Marvel is eclipsed not by centuries of its existence on the dingy bank of holy Yamuna river but by ill-perception and betrayal in the hands of its own custodians. Truly, the World’s 7th Wonder is abashed by pride of its own minarets and begs a mercy of respectful attention in the light of historical facts and findings. The controversy surrounding Taj Mahal in recent time injected by narrow political wave receives its sustenance less from history and more from propaganda. Taj Mahal need not take pain to explain its birth and existence. For centuries, the historical monument has been an architect of grandeur and pride, love and sacrifice not only for the people of India but also for the entire world. From presidents, prime ministers, princes, paupers to business tycoons, every segment of society from all around the globe is witness to its charm, and thus has existed its history in full light of human knowledge and experience. History as testimony to Taj Mahal Archeological Survey of India explains: ‘Taj Mahal, the pinnacle of Mughal architecture, was built by the Mu- ghal emperor Shah Jahan (1628-1658), grandson of Akbar the great, in the memory of his queen Arjumand Bano Begum, entitled ‘Mumtaz Mahal’… The Taj Mahal is the mausoleum of both Mumtaz Mahal and Shah Jahan.” Encyclopedia Britannica records: ‘The Taj Mahal was built by the Mughal emperor Shah Jahān (reigned 1628–58) to immortalize his wife Mumtāz Mahal (“Chosen One of the Palace”). The name Taj Mahal is a derivation of her name. It continues: ‘The plans for the complex have been attributed to various architects of the period…The five prin- cipal elements of the complex—main gateway, garden, mosque. jawab (literally “answer”; a building mirroring the mosque), and mausoleum (including its four minarets)—were conceived and designed as a unified entity according to the tenets of Mughal building practice, which allowed no subsequent addition or alteration.’ Page 6

Featured StoryAcross breath of world history, Taj Mahaloccupies a place of prominence. After a visitto the Taj Mahal, British humorist and artistEdward Lear remarked: ‘Henceforth, let theinhabitants of the world be divided into twoclasses---them as has seen the Taj Mahal; andthem as hasn’t.’‘The Taj Mahal stands as a testament to one of his-tory’s most enduring love stories, Shah Jahan, rulerof the Mughal Empire in India built it as a memori-al and tomb for his beloved wife.’ (The Taj Mahalby Lesley A. DuTemple, Lerner PublicationsCompany, Washington, USA)Undeniably, history acknowledges Taj Mahalfor what it symbolizes for. The Nobel Lau-reate, Rabindranath Tagore’s famous poem,Shah Jahan, still resonates : ‘Still one solitarytear would hang on the cheek of time, in theform of this white and gleaming Taj Mahal’while Rudyard Kipling describes it as ‘the Ivo-ry Gate through which all good dreams come’.Taj Mahal as victim of propagandaThere was a time in history when external threat to Taj Mahal was protected by a thick layering of bamboo scaf-folds over the dome during World War-II. But how could the Wonder of World be protected from the onslaughtof its own custodians who turn hostile?Sangeet Som, a BJP legislator from UP, fueled controversy after Taj Mahal was removed from the list of histor-ical places in the UP tourism booklet. He reviled the holy Monument at a rally in Meerut when he said: ‘Whathistory are we talking about? The man who built Taj Mahal imprisoned his father. He wanted to massacre Hin-dus. If this is history, then it is very unfortunate and we will change this history, I guarantee you”. He describedTaj Mahal as a “blot on Indian culture”.He is not the one to ride on the wave of hatred and animosity perpetuated by a particular political camp.Vinay Katiyar, a BJP MP from Kanpur, alleged: ‘“It was Tejo Mahal, Lord Shiva’s temple, where Shahjahan buried hiswife and turned it into a mausoleum,”.Another BJP leader Subramanian Swamy accused that Taj Mahal was built on a stolen property. He said: ‘Thereis evidence on record that Shah Jahan forced the Raja-Maharajas of Jaipur to sell this land on which Taj Mahal presently isstanding, and he gave them a compensation of forty villages, which is nothing compared to the value of the property’. Hefurther asserted: ‘The documents also suggest that there was a temple on the property. But it is still not clear whether TajMahal was built after the demolition of a temple.’Fuelling the controversy are the writings of a fringe historian, PN Oak, whose works were dismissed for de-cades but are enjoying new prominence among some right-wing hardliners.Oak claimed that much of the world was once ruled by an ancient Hindu empire, that the English language is adialect of Sanskrit, and that Westminster Abbey is, in reality, a temple to the deity Shiva.The Taj too, he argued, was originally a Shiva temple built by the maharajah of Jaipur, and initially named the“Tejo Mahalaya”.His theory has been cited by several BJP legislators to cast doubt on the provenance of the monument. (HardlineHindu nationalists campaign against Taj Mahal, The Guardian, 30 October, 2017) Page 7

Libertatem Magazine - Edition 34 History vs Propaganda While history is about scientific research and inquiry, propaganda is about manipulating and influencing the opinion of groups to support a particular belief. History proceeds by the interpretation of evidence and is for human self-knowledge, Propaganda is to distort the truth and suppress the counter-argument. What we come across every day from some irresponsible legislators of BJP about Taj Mahal constitute a mode of propaganda which emphasizes virtues of one idea or group while discrediting the other without an opportunity of healthy debate in the light of authenticated records of history. Taj Mahal is not the only ‘issue’ to be in storm of controversy. Time and again, Love Jihad, Ghar Wapsi, Ha- ramzade (illegitimate) speech by Sadhvi Niranjan Jyoti…many such issues have previously been raked up to a calculated goal. It appears as if we live in an age of propaganda. It seems as if India lacks genuine ‘issues’ to talk about. One is reminded of what Pratkanis and Aronson explain: “Every day we are bombarded with one persuasive com- munication after another. These appeals persuade not through the give-and-take of argument and debate but through the manipulation of symbols and of our most basic human emotions. For better or worse, ours is an age of propaganda.” (Anthony Pratkanis and Elliot Aronson, Age of Propaganda: The Everyday Use and Abuse of Persuasion, rev. ed. Owl Books, 2002) Quality Politics One of the fundamental lessons to derive from the study of history is not to repeat the mistakes committed in the past. Those who seek to impose an absolutist and all-encompassing ideology hold defeatist perspective of history. India is a complex civilization. The evolution of ‘India’ as a nation is the result of a series of successive efforts done by individuals in the past. Ancient India produced advances in philosophy, mathematics and astronomy while Mughal India had immense contributions to the field of art, architecture and administration. To recognize this and to take pride in this heritage of human advance is not to acknowledge the cruelty and oppression of the past endeavor. Yes, some Muslim rulers plundered and ravaged the land, yet others stayed put and governed the land and its people, adding to the richness of collective human experience and achievement. The success of democracy in India depends not on the propaganda but on the ‘quality’ of politics being prac- ticed. Cal Thomas aptly sums up: “One of the reasons people hate politics is that truth is rarely a politician’s objective. Election and power are”. Let ‘inclusive Indianness’ be the core value of our politics, rejecting atavistic sectarianism. Let the mind of fu- ture India be shaped not by emotive issues but by the quality of debate and dissent allowed. Instead of flexing unnecessary muscle over ‘history’ of Taj, let our politicians be concerned about contemporary ‘issues’ such as poverty, education, health and employment. That will be truly a great service to the nation and its people.Page 8

Editor’s Pick DGelcoobHdauilnnHggue‘nMrg’eeinnraIIncneddieoaxf: 201r7elaantdedAaDdehaathasr By Vaibhav SharmaThe problem of hunger is chronic is many parts of the world, especially in poor and under developed countriesof Africa and South Asia. It is a very serious menace and indeed an existential crisis for about one-fifth of theworld’s population, which unfortunately receives scant attention at the global level. The ‘Global Hunger Index2017’ (GHI 2017) has been released by the International Food Policy and Research Institute (IFPRI) which is com-mitted to bring out authentic and germane representation of the problem of hunger people around the globe. Itwas established in 1975 and is working with various international bodies and sovereign states to reduce malnu-trition and hunger deaths on earth. It acts as a liaison agency to vouch for healthy food systems, improved tradepractices and ensuring sustainable agricultural practises. The GHI 2017 is themed “The Inequalities of Hunger” Page 9

Libertatem Magazine - Edition 34 and aptly brings out startling facts as regards the gravity of the menace of hunger which is unevenly grave in some of the nations. The 2017 report also shows that there is a direct relation between conflict zones and hunger menace as the prevalence of conflicts and forced migration leaves large portions of population vulnerable to hunger. It also highlights the importance of nutritional and balanced diet in the first 1000 days of the child for the complete mental and cognitive development of the body. It inter alia showcases the role played by village level institutes for generating awareness about the necessity to provide balanced diet and sustainable agricultur- al practices for the farmers. India’s Performance in GHI 2017 The aspect of the Global Hunger Index 2017 (GHI 2017) that the present article is concerned with is the perfor- mance of India in the Index. In the GHI 2017 India has been ranked as an abysmal 100 out of the 119 countries which have been compared in the report. It is an ignoble statistic for a nation that vouches to be a superpower in the near future and is one of the biggest economy of the world. The report has divided the nations in five cate- gories namely extremely alarming, alarming, serious, moderate and low. India with the score (Hunger Index) of 31.4 is behind Bangladesh, Nepal and Iraq in tackling the problem of hunger. It is paradoxical that although India provides vital technological resources and training in Iraq and Bangladesh, but she fares far poorly herself in fending against hunger. Even North Korea (97th Rank) which faces acute sanctions by the USA and other Western nations on imports of food is better placed than India. The report has righteously generated a lot of me- dia attention, but sadly it is largely directed towards mudslinging by the leaders of different political parties and less concerned about the true problem. With the impending elections in Gujarat and Himachal Pradesh, the at- tention of both the political leadership as well as media had been shifted towards the power game and concerns of hungry and malnutrition Indians didn’t find many takers both in the ruling dispensation as well as amongst the opposition. The problem of hunger in India has been a chronic one with large sanction of the population permanently de- pendent upon government schemes for barely enough food to keep them alive, let alone ‘nutritious food’. Since the independence, there have been scores of programmes aimed at providing food to the poor section of the population. The programmes like Food for Work Programme, Anantodya Anna Yojana (AAY) and most im- portant Mid-Day Meal Scheme under the Sarv Siksha Abhiyaan (SSA) has surely had an impact in reducing the magnitude of hunger, but have failed to reduce it truly. The pilferages of the government money, corruption and misplaced priorities of the successive governments have led to crores suffering from chronic hunger for many years. Reasons for Poor Performance India has dropped three places to 100th rank from 97th in the year 2016 in the Global Hunger Index with the categorisation of ‘serious’ in the Index. Hunger is surely a grave concern in India has many Indians have been living with chronic hunger for generations with no solution in sight in the near future. The success of the green revolution and other horticulture missions have only ensured that India is self-sufficient in food production and is not dependent on foreign aid any more. But the gains of the self-sufficiency have not reduced the quantum of hunger and benefits have only been accrued to marginal section of the society. The problem of hunger is invari- ably associated with poverty in India. According to the Census 2011, 21.9% of the India’s population lives under the official poverty line. The official poverty line is also disputed to a large extent as according to the Rangarajan Committee Report of 2014 if the criteria is Rs.47 and Rs.32 per day in urban and rural areas respectively, about 29.5% of India is below the poverty line. The distribution of the hunger in India is geographically skewed with around half of the hungry people residing in Uttar Pradesh, Bihar, Odisha, Madhya Pradesh and Rajasthan. The failures of the governments both at the Union level as well as at the state level to ameliorate the problem is appalling. The problem of hunger is also situated with reduced growth of the children and the ‘phenomenon of wasting’ for the younger population. The poor in India are permanently dependent on rations given under the governmental schemes at highly subsidised rates for bare existence. It is indeed acrimonious to have large quantities of food grains wasted in the storage fa- cilities of Food Corporation of India (FCI) and other procurement agencies under crores still dream of adequate food. Another reason for large scale hunger in India has been the lack of effective mobilisation of poor people to form a ‘political vote bank’. The Indian political scenario is dominated with vote bank politics with religious and caste mobilisations to influence governmental policies. But the ‘poor people’ who invariably constitute one of thePage 10

Editor’s Picklargest vote bank are totally shunned in the political sphere due to poor political awareness of their rights and ef-fective bargaining power. The ‘poor person’ in India is also a statistical figure to loot the government money in thename of schemes with no redressal to his problems at any forum. The hunger is also a manifestation of this impecu-nious segment of people which have remained largely marginalised in the fastest developing nation of the world.Case of ‘Misplaced Priorities’The GHI 2017 reveals the pathetic situation of the hunger in India with the nation placed poorly in the world. Indiahas been faring poorly at global levels and has dropped to 100th rank in the list of 119 nations. It is surely a shame-ful figure for all Indians who are proud of the nation’s technological prowess and robust economy. It also showcas-es the irony that on one hand, we have Bullet Train and world class RORO Ferry service being sanctioned, whileon the other hand cores still languish in abjure penury and chronic hunger. The defective ‘idea of development’adopted by the political leadership and state machinery highlights extreme neglect of the ground situation. WhileIndia sends the food aid consignment to Iraq via Gwadar Port in Iran, thousands die of hunger in India very day.This notion of development based on ‘Figure Politics and Chest Thumping’ has no place for the poor in India. Thefocus is only laid on sanctioning schemes worth crores of rupees, but implementation and monitoring escapes muchscrutiny. The same apathy to the ground reality id visible in the case of railways where hundreds die annually onroad accidents in spite of ‘Zero Tolerance’ of the government, but the government is more focussed on bullet trainas the elite would be placates by such act. The need is to include various stakeholders starting at the grass root level,to fight this menace on a mission mode.Hunger Deaths- Insistence On Adhaar CardWhile the Global Hunger Index 2017 (GHI 2017) underscores the extreme problem of hunger in India, anotherdevelopment has hit headlines in the recent times. It has been the score of ‘Hunger deaths’ due to non-linkages withthe Adhaar card. The Adhaar card scheme is surely a panacea to drastically reduce pilferages in public distributionsystem and has led to saving of about Rs.38,000 crores of the state exchequer, but its draconic insistence has beenassociated with hunger deaths among the poor. The heart wrenching story of 11 year old girl who died of starva-tion due to denial of food grains for non-linkage with Adhaar Card exacerbated by the Durga Pooja holidays inschool. The poor girl couldn’t get food for days and died begging for food in extreme poverty. There have also beeninstances of hunger deaths among older people who have in the recent months perished due to extreme weaknessand hunger. What is even more pathetic is the denial by the various state government and high headedness of theofficials to even blame the victims themselves for the tragic incidents. The government has been extremely rigidupon linking of the Adhaar cards to get rations, but it is appalling to deny someone ration to the extent of death fornot abiding by the governmental directions. The governments both at Union and State level must accept this lacunain the Adhaar schemes and must ensure that lack of biometric identification don’t become the reason of somebody’sdeath. It is indeed revolting to imagine such an incident happen in India which boosts of Mangalyaan, Informa-tion-Technology revolution and food adequacy.Remedial MeasuresThe problem of hunger in India is very serious and needs brainstorming for its redressal. The government must payadequate attention to the menace and commission a study group for recommendations to ameliorate it. The gov-ernment must also keep in mind the ground realities and frame realistic schemes for the people. The focus shouldbe on implementation and checking pilferages in the present system. The stubborn insistence upon the linking ofthe Adhaar for availing the food grains should be given up and adequate time be provided to the beneficiaries tocomply this the directives of the government. The life of every Indian is precious and this is a disgrace upon entirenation to witness hunger deaths in this emerging superpower. A cue could also be taken from the example of Ne-pal. Nepal which had very high GHI rates in early 2000s has done exceptionally well to record the rank of 72 in the2017 report. The phenomenal success of Nepal is being attributed to increased maternal education, better sanitaryconditions and efficient nutrition programme. India must also address the problem of ‘wasting’ that is less weightin comparison to height and adversely affects mental development in the early years of life. The high wasting rateis largely due to absence of nutritional diet in the first three years of life devoid of essential proteins, minerals andvitamins. The GHI 2017 could act as an eye-opener for the government to re-strategize its efforts with the beneficia-ries be consulted in the process. The universal coverage schemes, increased awareness at village level and robustcommitment to the cause is needed to improve the grave situation. The role of social organisations and civil societyin highlighting the needs of the marginalised section is vital. The political parties, leaders and officials must riseabove their ego and serve the people of the nation wholeheartedly. If the unflinching determination by the govern-ment is ably supported by positive role of the other stakeholders then India can eradicate the problem of hungerand improve her global standings greatly. Page 11

Libertatem Magazine - Edition 34SpSofleeatxxeciunesamthlhaHianpanprtahyeosenuswmmtohoerirnknet-k/ By Advocate Kanishk Agarwal, Founder, CriTaxCorp (A Start-up Law Firm) The status of women in India has been a major issue since decades. According to the various religions that prevail in India, women are to be worshipped in all circumstances. But the reality isthat we worship goddesses whereas women are subjected to harassment and maltreatment. While sexual harassment has been an inescapable problem for women throughout the history, only in the last decade have feminists won definition of sexual harassment as a form of sex discrimination and women have come forward in mobs to demand remedies and institutional changes.Page 12

Expert ArticleEven after so much of awareness that has been spread over these years, still unfortunately the outcome isslightest. Sexual harassment or sexism in the workplace happens much often than what we understand. Thesimple reason being that the cases or instances of sexual harassment are not reported. There are many casesof serious sexual harassment where the victim is not able to get any relief because of society pressure as evensociety hasn’t considered it as a serious problem.The reluctance to take actions often comes down to a simple formula. A company is given freedom to decideits own action base. The company takes the action depending on the fact whether it’s a bigger financial risk tolose a key person or to settle a few sexual harassment claims. The power of position is often triggered when itcomes to cases related to sexual harassment.The Reasons Why Sexual Harassment Does Not Get ReportedThere are many reasons why women are not able to report unwanted verbal or physical conduct. It has beenfound that the abusers often target women who have certain traits or disadvantages. The ones who are usuallyharassed are the ones that may be inexperienced employees or single mothers who rely on a pay check. Oth-ers may target those whoare timid personality types i.e. the ones who have a hard time in taking a stand forthemselves.But this does not mean that executive women are not subjected to sexual harassment. A woman may haverepresented management-level, she can experience sexual harassment from subordinate level employees. Thisclass of women are concerned about retaliation from peers and are concerned about their career or reputationimpact that they might have after reporting sexual harassment. It is not easy for a women to report a case, oneis always concerned about the office gossips and difficulty finding a new job if the forthcoming employers getto know about the claim or being tagged as a trouble maker for the organisations or people she works with. Itis such a difficult situation for a women because at one hand it is said that proceedings related to sexual ha-rassment complaint are to be kept confidential but practically it hardly takes any time that peers of the victimto be apprised of such complaints, due to lack of enforceabilityon part of organisations to enforce confidential-ity by respondent or witnesses.It has been observed that some harassers have very low self-esteem and don’t believe they are being coercivebecause they don’t see themselves having power. And sometimes women don’t report because they think“everyone already knows” and action hasn’t been taken that is often not the case.She further adds that “There’s the rumour mill and people at a certain level who know about it, but they don’t say any-thing to people who can do something about it because they’re afraid of retaliation,”ConclusionHarassers usually look for people who are in less of a position or power in credibility or monetary stability.Sexual harassment happens much more than what we can even imagine.Alyssa Milano, a Hollywood actresson being sexually harassed by her producer, Harvey Weinstein, urged women who have been sexually ha-rassed to write #MeToo on twitter. #MeToo posts of thousands of women across India has proved the same,the cases are not reported as the internal mechanism is not strong. The compulsions made by the act are just aliability for the big organisations.It is just for the namesake.A young enthusiastic lawyer, Mr. Kanishk Agarwal has come up with an application Centre4POSH, with anideology that organisation needs to focus on preventing sexual harassment in the organisation rather thanjust complying with it or addressing it as per book of law.. In the past the focus has always been on redressalmechanism, but prevention mechanism is a better way to curb the deeply rooted problem within India. Sen-sitizing the employees on sexual harassment is very important as sometimes, even the employees also don’tknow that their conduct might amount to sexual harassment. Some of the harassments which are disregardedas harassment and taken as part of culture by even higher management employees are;use of abusive lan-guage, repeated request for late night dinner dates, ogling, caressing etc.It’s time we endure against Sexual Harassment and transform organisation from being complaint to prevent-ing SH at workplace! Page 13

Libertatem Magazine - Edition 34India’s Diplomatic Prowess -Tool to tackle Belligerent Chinaand Pakistan By Vaibhav Sharma The international politics is a complex web of global alliances and synergic economic interests. The international relations are decided by a multitude of factors ranging from international trade, geopolitical stability and sover- eign integrity. These are ever changing and must be moulded to suit altered situations. It is clear that every nation is competing for the higher echelons of power and business. Many times, the countries may have conflicting interest or might see each other as a potential opponent in their quest for the control of the natural resources. The hostility between the nations which surround the South China Sea is a classic example of tension between the neighbouring states in order to establish their supremacy over the natural minerals and trade routes. The global powers like United States, China, Russia, India, etc. are nuclear armed states and these weapons of mass destruc- tion constitutes an effective deterrent for the other nations to take any leverage with them. The global hegemony of US is also challenged in the contemporary times by the rise of belligerent China who generously supports its allies to make for a parallel power centre. The election of Donald Trump to the US Presidency has started an era of unusual inconsistency for he is known to take extreme positions to benefit his interests. In such a challenging world political scenario, India appears to be a shining star due to its ability to both ma- noeuvre out of complex situations and show rigidity when needed. Ever since the beginning of the term of the Prime Minister Narendra Modi, the global relations have been the hallmark of the government. The PM himself has established cordial relations with a number of nations and has craved a unique niche for the nation in the world. The relations with both USA and Russia have been cordial. India has also increased its global standing as a world power due to the support it has lent to environmental causes like International Solar Alliance (ISA) and the United Nations Framework Convention against Climate Change (UNFCCC, popularly known as the Paris Pact). While the former is an initiative of India with France, the commitment towards the Paris Pact is significant be- cause of the departure of the USA from the pact. The use of the global diplomacy to ease out tensions between the nations is on an all-time high. The Union External Affairs Minister Sushma Swaraj has also done a commendable job to pitch for India’s interests at various international forums. Belligerency of China The geographical boundary dispute between India and China dates back to the times of the Shimla Accord (1914) which was signed between the colonial British, Tibet and China that demarcated the Radcliffe Line between Chi- na and India. The accord has been disputed by China which asserts its claims over a large territory of Arunachal Pradesh as well. The refuge granted by the Indian Government to the fleeing Dalai Lama in 1959 worsened the relations that culminated into a full-fledged War in 1962. Over the years, the relations have remained stable in spite of some instance so border invasions or muscle flexing by the Chinese military. The recent stand-off at the tri-junction point at Doklam tried to push the two nations into hostility. Though the stalemate continued for over a month, both the nations practised restraint and an amicable solution was found in the end. China has also tried to subvert the interests of India at global forum through its reservations against declaration of Masood Azhar as the international terrorist and blocking India’s entry into the coveted Nuclear Suppliers Group (NSG). Though its resistance for the latter is supposedly on the ground that India is not a signatory to the Comprehensive Test Ban Treaty (CTBT), but the real motive is to harm India’s nuclear ambitions. It has tried to surround India through its unstated ‘Ring of Pearls’ strategy and has developed relations with nations like Sri Lanka, Myanmar, Nepal, etc. to assert its supremacy in the Indian subcontinent. It has also developed military bases in Pakistan and Djibouti to extend its influence. The most controversial project of China is the ambitious One Road, One Belt (OROB) which seeks to develop trade partnerships along the historic Silk Route with the Middle East. The $50 billion venture include China Paki- stan Economic Corridor (CPEC) that aims to develop trade synergies between the two nations in addition to thePage 14

News Storyfuel pipeline from the Middle East nations. The bone of contention in the project is that it passes through the dis-puted region of Pakistan occupied Kashmir (PoK) of Gilgit Baltistan. India has expressed its reservations towardsthe project in the strongest terms. It also skipped the last moth meet of OROB to convey its opposition. Notwith-standing the problem between the two nations, the Modi Government has succeeded in handling the tricky situa-tion with caution and has restrained from unnecessary chest thumping. The PM himself met the Chinese Premierat the BRICS Summit in September 2017 to maintain ‘sustainable and healthy ties’. India has also attained globalsupport from USA and Russia to thwart any malicious attemptsof China to undermine its sovereignty. The feather in the capwould be India’s entry into the Missile Technology ControlRegime (MTCR), an elite global grouping of which China is not amember. India has also uncovered the double standards of Chinaat various international forums as it on one hand talks of elimina-tion terrorism, and on the other hand provides financial and mil-itary support to Pakistan who is the biggest dealer of terrorismin the world. The influence of India led to even USA recognisingthat the OROB project is unsustainable because its undermineIndia’s territorial sovereignty and passes through the disputedPok region. It is pertinent to mention that only a handful of na-tions have agreed to collaborate with China on OROB due to thesustained global opposition and pressure by India.Exposing Pakistan’s Diabolic PlansThe problem of Pakistan sponsored terrorism has been one of the gravest contingencies that the nation is facingfrom decades. Thousands of valiant soldiers have sacrificed themselves and humongous resources have been putto cater to it. The support to the terrorism by Pakistan is now an exposed truth, thanks to the continuous bashingadministered by India at global platforms. The External Affairs Minister Sushma Swaraj said at the United NationsGeneral Assembly, “We have made IITs, Pakistan built Lashkar”, while accusing Pakistan of the state sponsoredterrorism. It must be marked as an achievement of India that even the Middle Eastern nations which used to havea sympathetic attitude towards Pakistan have been seen as distancing themselves from it. The greatest indictmentfor Pakistan has come from the ally United States which has warned Pakistan to improve the situation and acttough on terrorism. The Donald Trump’s government is extremely serious on its fight against terrorism and USDefence Secretary James Mattis has recently advised Pakistan that it could benefit from India if it ends safe havensfor terrorists. It must be mentioned that Pakistan had to face huge embarrassment at the UN due to false photo-graphs being posted to show atrocities on Kashmiris in India. India quickly exposed this fallacious evidence as thephotograph was on Israel where the conflict is with Palestine. It is a glaring example of the loss of credibility ofPakistan at the global stage and its coronation of being the benefactor of global terror.Strengthening ties with AlliesThe greatest feature of the diplomatic strength of India has been its ability to cement relations with nations ofdiverse ideologies and interests. At the top of the list of India’s allies have to be USA and Russia, with India beingable to balance both superpowers with élan. Donald Trump has said on the visit of PM Modi that India has ‘a truefriend’ in the White House. Trump has also called on India to have a greater role in Afghanistan and has support-ed the opposition to the OROB Project. India has maintained equal warm ties with Russia with both of them beinginvolved in defence projects along with the construction of nuclear reactors in India. Japan is one of closet ally ofIndia and is pivotal for India’s ‘Look East Policy’. It has invested heavily in infrastructure projects in India and hasrendered technical support for the Rs. 1 lakh crores Bullet Train Project. The naval exercise in the form of Mala-bar Exercise between USA, Japan and India in the Indian Ocean is one of the biggest in the world. PM Modi alsoscripted history by becoming the first PM to visit Israel. Israel extended warm regards and has promised supportin military, irrigation and surveillance systems. India has rigidly supported Bhutan against China’s hegemony atDokhlam and has cordial relations with Myanmar and Bangladesh.The ties with Australia are also on all time high with the nation promising the supply of uranium ore for India’snuclear reactors. The PM has been successful in forging unique trust with Middle East nations as well especiallySaudi Arabia, Kuwait and UAE. Interestingly, Iran is one of the closest associate with about half of the critical oilsupply to India coming from it. The close ties with the Middle East countries show India’s diverse relations withglobal powers. Germany has one of the trusted partners of India and has invested millions of rupees in the infra-structural projects. Page 15

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News Story‘Diplomatic Prowess’ India’s formidable weaponThe success of India’s diplomatic capability in establishing warm relations with diverse nations and help incontributing to the nation’s interests is unparalleled in the entire world. The present diplomatic prowess andthe ‘personal touch’ rendered by the PM Modi in fostering partnerships with foreign nations might give a toughcompetition to Nehru’s Panchsheel which helped the nation remain neutral in the Cold War Era. Narendra Modihas been able to forge a great working relation with both Obama and Donald Trump, both of whom differ intheir style and demeanour. Sushma Swaraj has ably supported the PM and has been instrumental in conductingdiplomatic mission with great success. The present dispensation has been able to attract huge foreign investmentand technological intervention due to its working pattern from the global powers. India today is being seen asthe global power house and its stance carries global credence with wide ranging repercussions. The nation has aunique opportunity to benefit from its global partnerships and ameliorate the masses from the evils of hunger,poverty and disease. It is hoped that the Union Government continues to chart greater successes through immac-ulate diplomacy manoeuvring and is able to fulfil the aspirations of crores of Indians. Page 17

Libertatem Magazine - Edition 34Escalating tensionsbetween India andPakistan By Debajyoti Saha Pakistan: a Terroristan Country; says India India has branded Pakistan as “Terroristan” in the recent UN General Assembly Meeting. Sushma Swaraj, India’s External Affairs Minister, had called Pakistan “pre-eminent terror export factory”. The contribution of Pakistan to the global terrorism can be said to be unparalleled as told by Eenam Gambhir, India’s first sec- retary to the UN in the UN General Assembly. The “land of the pure” is changing into “land of the terror”. Pakistan’s sponsorship of terrorism can be seen through the uprising of the Hafiz Saeed’s organisation, which is one of the UN designated terrorist organisation, as one of the political parties in Pakistan. India’s represen- tative stated that Pakistan’s counter-terrorism policy is to provide safe haven for the mainstream terrorists who are part of the global terrorist groups. It was also expressed that all the preventive measures taken by Pakistan do not justify any of their actions. India’s neighbour country must understand that Jammu and Kashmir would remain as the integral part of India, no matter how much Pakistan tried to violate the territorial integrity of India. On the other hand, Pakistan stated that it was not to be blamed for any political situation of Afghani- stan. It was not providing any harbour to the Talibans. It also stated that there was a violation of the Geneva Convention in the Jammu and Kashmir by the Indian militants as many people were injured by the firing of the shotgun pellets. The injured civilians were merely protesting against the NDA government functioning in Delhi .Pakistan held India responsible for all the unrest in the Kashmir region. Pakistan requested the United Nations to send a special envoy to India in order to assess the prevailing situation of Kashmir. It was stated that Pakistan would revert back with the matching response towards India. In response to this, Gambhir stated that Pakistan was diverting all the funds meant for improving the military infrastructure of different countries towards building the largest terrorist nation in the whole world. He stated that it was ironical that the country which gave shelter to terrorists like Osama bin Laden are now playing the role of victim in the current assembly. But all the above comments are not backed by any kind of stringent action. India always avoids to take actions like halting the trade between both countries or taking off the “Most Favoured Nation” status from Pakistan. If the recent governments are to be taken into consideration, they have shied away from their responsibility. India’s cautious attitude from the beginning is costing very badly to India itself. Firstly, India will not take any major action against all the cease-fire violations and secondly, it does not ask any other organisation like Unit- ed Nations to impose sanctions on Pakistan. Balochistan Issue Next coming to the Balochistan issue, though Narendra Modi raised the issue in the speech of Independence Day, 2017, but after that, India has kept quite over the matter. Balochistan is becoming the new East Pakistan due to the atrocities committed by the Pakistan militants. Pakistan is using fake photographs of the killings In Jammu and Kashmir by Indian militants. But India has only responded by branding Pakistan as “terroristan”. India has issue with the Pakistan Occupied Kashmir. Pakistan is coming up with different kind of projects like building dams etc. in that region. There is no opposition to that by India. Narendra Modi had claimed that blood and water cannot flow together through the Indus. The Permanent Indus River Commission has been suspended long ago. But now the World Bank is trying to act as the mediator between India and Pakistan in order to start the treaty again. There is no action as such from the side of India against this move.Page 18

News StoryModi’s surprise visit to Lahore on the issue of cross-border terrorism turned out to be of no use. Immediatelyafter that, there were mass killings by the Pakistan Militants. India tried to take the revenge by operating sur-gical strike over the opposition’s military pads. Following the same, Pakistan did not learn any lesson and kepton violating the cease-fire. On 2nd October, 2017, Pakistan violated the cease-fire near the Poonch district ofJammu and Kashmir which led to killing of a 10-year old girl and injuring several civilians.A Change in the Attitude Of Indian Leaders- Need of the HourIt seems that the India-Pakistan fight is of India’s alone. The NDA government asked Rajeev Chandrasekharto withdraw his private member bill of naming Pakistan as a “terrorist state”. India is not even willing tobrand ISI (Pakistan’s Investigation Agency) as an organisation sponsoring the terrorists. India, in furtheranceof showing goodwill, allowed ISI to conduct investigation in the Pathankot attacks where ISI was behind theorchestrated attack in Pathankot. India needs to stop retaliating to Pakistan’s actions only by talks.The time has reached where the Government of India have to retaliate more strongly. When the other countryis not learning any lesson from the measures taken by India, it will be better to show a strict attitude instead ofa cautious attitude. Civilians dying as a product of the war between India and Pakistan.Many peace talks have been conducted between both the countries. All of them turning out to be futile as nonegave any positive results. India is always at a strategic advantage over Pakistan which it must use for the pro-tection of its nation.Even the world public opinion is against India for such callous attitude. So the last thing left for India is to reactin a manner popularly coined as “tit for tat”. Page 19

Libertatem Magazine - Edition 34 India World No.1 in Cricket - Decoding Team India’s Success Formula By Vaibhav Sharma The Indian Men’s Cricket Team is in the recent times seems to possess a Midas touch. It appears that everything that team under Virat’s command touches turns into gold. With the recent conclusion of One Day Internationals (ODIs) series against Australia, India has/the team has finished on the top of the Cricket Ratings in both the Test Matches as well as ODIs. The phenomenal success of the team has been attributed to many/sevral factors, one such being the smooth transition of the captaincy in the hands of Virat Kohli/Virat’s hands. In the test cricket, India has quiet successfully clinched last eight test mactch series in a row. it is just one short to equal/level the record of Australia, nine consecutive victories on a roll. The formidable form of the team must be decoded in detail and also the roles of young players especially Hardik Pandya being pivotal to achieve the desired goals on a consistent basis. Smooth Transition for ‘New Captain’ The Indian Team has in the recent years seen the transformation from a Ms Dhoni’s Captaincy to the new hands of Virat Kohli, with significant differences in then and now. . The new captain took over the Test captaincy in 2014 when MS Dhoni announced his ‘surprise’ retirement from the longest format/5-day format. The team recorded exceptional success rates under his command with an unbeaten series streak running into the third year as well. The team is also ranked as Number one in the world with a rating of 125, cruising well ahead of South Africa which is on the second spot with a score of 110. In the past three years, India has defeated all great names, New Zealand, South Africa, Sri Lanka and Australia in the teat series. The white wash of Sri Lanka on their home soil has been a stellar example of the victorious spirit poccessed by Team India. The team has displayed astound- ing courage to bounce back every time, ithas also been subjected to pressure by the opponent team. The achievement story for the team in ODIs has also been exceptional , currently being the number one side in the world. It is pertinent to mention that India needed to defeat Australia by a specific lead of 4-1 in the series to attain the top spot and gladly the team succeeded in it. The new captain has infused a renewed confidence in the team with ‘fearlessness’ being one of the main attributes. The team/the unit shows/possesses the will to emerge triumphant in all situations. The objective is to continue the unbeaten run. The younger players are provided with the leverage to express themselves on the field and the captain himself backs them with favourable field set- tings. The main feature of this ’New Age’ team is blend of experience and talent, with the exposure ofseasoned players like MS Dhoni, R Ashwin, Rohit Sharma and Shikhar Dhawan, mentoring the new entrants becomes quite handy by guiding them. Combination of Virat Kohli and MS Dhoni/A Duelist Spirit The fact that MS Dhoni has stepped down from the captaincy from both the test matches as well as the limited overs cricket, coupled with the reality that he still remains a pivotal part of the ODIs fixture, could have resulted in a tough situation for both for the new captain and old guard. It has been on the contrary, been beneficial for the team, both Kohli and Dhoni have great rapport and mutually respect each other. Many times it has been observed that Virat takes the advice of Dhoni into account before a fielding or bowling change.MS Dhoni with his vast experience is also able to guide the team in scenerios of DRS, that whether the Decision Review System (DRS) must be taken or not. He is very useful in setting the field as well particularly in the last/death overs, when Virat himself is in the outfield. Dhoni has also transformed his batting style nowdays, playing with greater responsibility and taking gane till the end with lower order. He has also guided players like Hardik Pandya and Bhuwaneshwar Kumar while scripting partnerships to save the team. The unparalleled combination of Virat’s aggression and Dhoni’s experience makes for a duelist spirit/ one of the most deadly leadership skills which is non-existent in any other team in the world.Page 20

News StoryRise of ‘Spin Powerhouse’Indian has always been known to be one of the best spin bowling team in the world/India has been known forits Knack of producing some great spin bowlers in world cricket. We have produced world class spinners likeAnil Kumble, Harbhajan Singh, Bishen Singh Bedi, etc. The thing about thecontemporary spinners like R Ash-win, Ravinder Jadeja, Kuldeep Yadav and Yuzevendera Chahal which brings them theinto perspective is that,they lead the bowling attack from the front. The youngsters like Chahal, Yadav and Axar Patel don’t get rattledby onslaught, but rather backs themselves to take wickets,thanks to the believe . The team management has alsosupported the bowlers very well, every player given ample opportunities to prove his mettle. The superb successrates in the test matches is largely the result of great bowling skills potrayed by Ravinder Jadeja and R Ashwin,who have outfoxed nearly every opponent side with spin. The fact that both of them are ranked second and thirdrespectively, in the world in both bowling and all-rounders shows/depicts their excellent form as well as record.They have contributed both with the bowl and bat to give their team the killer edge. The comprehensiveness ofIndia’s recent victory over Australia could be gauged from the fact that both Ashwin and Jadeja didn’t play asingle game, yet the home side routed the Australians 4-1. The ‘problem of plenty’ in the spin department is thebest headache that a team management is faced with in the given period.‘Opening Combination’ kicks inThe importance of the opening batsmen in any format of the game is immense as they set the stage for the com-ing players to build up the innings. They are also entrusted with the responsibility of dealing with the ‘New Ball’and see through the initial pace attack. India, in the recent past has been extremely lucky to get hold of a settledcombination consisting of Rohit Sharma and Shikhar Dhawan for the ODIs. They on several occasions havecontributed with sometimes a fifty runs and other times a hundred run stands to bolster the team’s chances. Oneof interesting facts being that the bench strength of the current is so high that after Shikhar Dhawan who scoredthe highest runs for the team against Sri Lanka in the ODIs had to opt out of the Australian series due to person-al reasons, Ajinkiya Rahane chipped in with quiet an ease for the opener’s role. In the test matches, the role hasbeen played by KL Rahul along with Shikhar Dhawan with great success, even on foreign soils.The real backbone of the team’s batting has been the skipper himself, Virat Kohli being the chase specialist in theODIs ,has more than 28 centuries under his belt. It is a world record and he has beaten legends like Sachin Ten-dulkar, Ricky Ponting, etc. in this aspect. The contribution of Cheteswar Pujara, Virat Kohli, Ajinkiya Rahane andKL Rahul who all feature in the Top 10 of the Batsmen rankings have helped the team win over other sides.The ‘Pace Powerhouse’ emergesThe great victories of the team in both the ODIs and Test matches have been the result of outstanding contri-bution by the pace bowlers. e Mohd. Shami, Bhuvaneshwar Kumar, Jasprit Bumrah and Umesh Yadav havebeen able to swing the bowl with great discipline. The duo of Bhuwaneshwar Kumar and Kasprit Bumrah hasemerged as the best death overs combination for the ODIs and has been able to stem the flow of runs on nu-merous occasions. The test cricket has also observed the pacers utilising the seam conditions with panache andproviding early breakthroughs to the team. The bowling coach Bharat Arun has also been quiet pivotal in thesuccess of the fast as well as medium fast bowlers and has polished their skills to great effect. Page 21

Libertatem Magazine - Edition 34 Rise of Hardik Pandya The newest/Brand new superstar in the Indian Team is being marked as the ‘Ace in the Pack’ for the team. He has been in carrying into a marauding form in both test matches and ODIs. He has established himself as an upper order batsman with an exhibition of a remarkable composure in some recent innings. He has also added to the bowling prowess, executing the role of the fifth bowler. He has given the team an extra edge with an attribute of acting as a pace all-rounder in place of the traditional part time spinners. He has worked very hard on his bowling and has improved his lengths and consistency. The uprising has been in his battling with the team management and hooking off to number 4 slot to extend the batting line up. His brutal attacks against the spinners are one of the most joyful sights for any Indian cricket fan. He has also matured as a player and has performed immaculately in test matches as well. His fitness levels and aggressive demeanour adds to the entire aura which make him an unassailable player of cricket. New Coach and focus on Fitness The arrival of Ravi Shastri first as a manager and then as the coach of the team has been quiet beneficial for the team. He shares great rapport with the captain Virat Kohli and the results under his coachman ship infer the same. He has given the required/right amount of leverage to the captain, so as to share the team and has also lent outside support in the times of exigencies. The added emphasis on fitness of the players has also helped the players in refining their fielding skills. It has lifted the morale of the team with every/each player being involved in a healthy competition with his team mates to prove his potential. Virat Kohli who himself is ex- tremely fit, leads the team from the front in this department and is one of the best known fielders in the world. Even in the test matches, the level of fielding is very high and it certainly puts the opposition under tremendous pressure, as the fielders are not ready to concede even an inch in the field. The Road to Glory….. The Indian team is currently the top ranked side both in test matches as well as ODIs, but there are still some greater goals that the team must achieve to emerge ‘Invictus’/undefeatable. The disappointing loss against Pakistan in the finals of the Champions Trophy, England still ekes/pinches in the heart of every Indian fan. The emphasis on playing in the English conditions is even greater nowadays, because the venue for 2019 World Cup is England and Wales. The whole nation would be hoping that India becomes the world champions once again and reclaims the coveted trophy from the reigning champions, Australia. Another area in which the current team has still not been tested is the foreign test series particularly in Australia and England. It is pertinent to mention that even in 2011 when the team appeared unassailable in the world, had to face a humiliating defeats in several test matches in England. But Virat Kohli’s team surely appears more formidable than ever. Perhaps it is time that the team achieves success in the toughest seam conditions and rests the debate/case forever. It is hoped that the Indian Team would continue its scintillating form under the aggressive captain and would achieve feats which would be repeated as folklores for times immemorial/to come.Page 22

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Libertatem Magazine - Edition 34 the cou By Swarnalee Haldar & Sweta Subudhi

the Courtroomurtroom

Libertatem Magazine - Edition 34 Amity Law School Lands In Legal trou- ble Over Blanket Detention Of Students ‘Short Of Attendance’ Facts Amity Law School, Delhi, affiliated to Guru Gobind Singh Indraprastha University, Delhi, has once again found itself at the pivot of con- troversy, this time in students’ challenge to its opaque attendance policy. One would recall how earlier on August 10 last year, Sushant Rohilla committed suicide for being debarred from appearing in the sixth se- mester examinations for want of attendance. A close friend of Rohilla then wrote to the Chief Justice of India alleging arbitrariness in the Amity’s attendance policy. The letter was suo moto taken in the Amity’s attendance policy. The letter was suo moto taken cognizance of as a writ petition under Article 32 of the Constitu- tion. The case was then transferred to the Delhi High Court and is still pending. It is alleged in the petition that , Amity issued blanket orders to 63 students, of the ninth semester alone, de- taining them from appearing in the semester examination allegedly for shortage of attendance. Similar orders were issued to students of other semesters. In defence, it took a stand that the students and parents were noti- fied in advance of the shortage in attendance and, therefore, they cannot now claim that the procedure was not transparent. Although it appears plausible in first sight, the students had a different narration. Interestingly, in the previous years, not a single final year student was debarred for lack of attendance. Either way, mass detention for lack of attendance, that, too, of students of a batch about to complete its course, is un- precedented especially since it would result in the loss of a year. Judgement The first of the writ petitions in challenge to the order came to be filed by one Kannan Gopal Vinod of the ninth semester. This was followed by other writ petitions by students of the same as well as other batches. These writ petitions were listed before the bench of Justice Indermeet Kaur of the Delhi High Court. While the first writ was heard by the court pre-lunch and orders were reserved, others were filed, mentioned and listed for orders post-lunch. In a sigh of relief, the university about 2 pm on Monday issued an Office Order to the effect that ‘all detained students of Amity Law School shall be provisionally allowed to appear in all regular papers of the semester end examinations November / December 2017…’.This was in the wake of numerous complaints received from the students who complained of Amity’s attendance policy as being whimsical and non-transparent. To that extent, the university constituted a committee comprising nine of its top officials to examine such complaints and allegations. As a pre-condition, the University’s Office Order requires the students to furnish an undertak- ing that their entitlement to appear for the examination is subject to final outcome of the inquiry to be held by the committee. This received the stamp of approval by the Delhi High Court by way of interim orders permitting the students to appear for the examination scheduled to begin on Tuesday.Page 26

the CourtroomMuslim father-in-law is not liable togive maintenance to daughter-in-law after son’s death Facts - In a recent ruling, the Calcutta High Court ordered that under Domestic Vi- olence Act father-in-law is not required to maintain his son’s widow. In the present matter Ms. Shabnam Praveen, after her husband’s death demanded maintenance from her father-in-law. She submitted that after the death of her husband the family business was handled by her father-in-law. Justice Mumtaz Khan while adjudicat- ing the plea observed that Section 36 of the Protection of Women from Domestic Violence Act states that this law is in addition and not in contravention to the provisions of any other law. Since both the parties in the present matter are Muslims then they will be governed bytheir personal laws.The court held that, as per Section 36 of Protection of Women from Domestic Violence Act (PWDV), 2005 it pro-vides that the provisions of the Act shall be in addition to and not in contravention of other existing provisions oflaw. The court also referred to the decision of Mrs. Nandita Sarkar Nee Sen, the concept of Hindu Adoption andMaintenance Act 1956, was taken into consideration keeping in mind the provisions of the PWDV Act, 2005.In the present matter, both the parties are Muslim and will be governed by the Muslim Law. As per the Muslimlaw, father-in-law is under no obligation to maintain allowance to the widow of his son, i.e. the petitioner in theinstant case.The Calcutta High Court, on Friday, exempted a father-in-law from maintaining his son’s widow, opining thathe was under no obligation to maintain her. The Court had been approached by one Ms. Shabnam Parveen, whohad demanded maintenance from her father-in-law, contending that he was the one handling the family businessafter her husband’s death.Assessing her plea, Justice Md. Mumtaz Khan noted that as per Section 36 of the Protection of Women fromDomestic Violence Act, the provisions of the Act shall be in addition to, and not in derogation of the provisions ofany other law, for the time being in force....Judgement-The Court opined that since both the parties are Muslim in the case at hand, it would be their personal law thatwould apply to them then ruled, “Section 36 of the PWDV Act, 2005 provides that the provisions of that Act shallbe in addition to, and not in derogation of the provisions of any other law, for the time being in force. In the de-cision of Mrs. Nanadita Sarkar Nee Sen (Supra), the concept of Hindu Adoption and Maintenance Act, 1956 wastaken into consideration vis-a-vis the provisions of PWDV Act, 2005. In the case in hand both parties are Moham-medan and as such under the Muhamadan Law, opposite party no.2, being father-in-law, is under no obligationto provide maintain allowance to the widow of his son namely the petitioner.” Page 27

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