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Good days or 'Ache Din' seem to be just around the corner for at least public servants as government is planning amendments in the existing POCA 1988, for the simple reason that POCA in the existing form is creating a fear psychosis amongst top government officials and fear of penal actions (even for honest decisions ) as provided for in POCA acts as a deterrent to effective functioning of officials . Also, according to the ruling government , POCA has only ended up as being a tool for bringing elected governments to a standstill and is a big obstacle in the ease of doing business . This proposal to amend POCA attempts to allay fear amongst public servants and sounds similar to speeches made by former PM and FM . However, one cannot help but wonder as to what has created this sudden urgency to amend POCA which has been cornerstone of the fight against corruption in India and allowed prosecution of senior government functionaries in 2G spectrum and coal scams? Though the proposal seeks to differentiate between cases of intended corruption and erroneous acts in the line of duty , it's dilution may weaken the fight against corruption. It may go either ways and may shelter the corrupt . Watered down version may be used favourably by scamsters who will suddenly feel empowered because even with the right laws , the list of failures in controlling corruption in our country is much longer than successes . The Nation's mood is grim in the wake of large scale scams in banking sector and the government, instead of showing zero tolerance towards scams and scamsters, talks about diluting anti corruption laws which only seems to be an attempt to protect their own in the close knit 'Neta Babu Nexus'. Are we ready or can we even take a chance with the kid glove approach to graft , knowing how deep rooted corruption is in India? When other criminal acts are becoming Harsher and stricter , government's intent to scale down version of POCA 1988 casts a shadow on its real intent of reigning in corruption. Equipped with thorough and deep understanding of POCA1988, KMLawassociates successfully defends those who are falsely implicated under the provisions of POCA in Delhi District courts, Delhi High Court and NCR.
YOUR HONOUR, DOES THE END JUSTIFY THE MEANS? In an unprecedented move which is rightfully being called a revolt, the 4 most senior judges of the Supreme Court of India, through a joint press conference on 12Jan2018, cast aspersions on the way in which cases are being selectively allocated to certain benches by the CJI. This insinuation , by these four judges, has created a storm not only in the judiciary but also in the minds of the citizens of this vast nation for whom the buck stops at the Apex Court , which for them, is the court of last resort and their faith vested in this supreme institution has undoubtedly taken a big hit. The charges levelled by these judges initially evoked disbelief and were criticized and frowned upon by one and all. However, the same has served as a catalyst for the CJI( the master of the roster) who is now trying to find ways to ensure transparency in allocation of cases. So, what's the way forward? What may be some of the ways to improve the administrative system in times to come? Well, while the 5 senior most judges may decide all the constitutional matters and CJI could reserve the right for keeping to himself hearing on certain extraordinarily important cases of national importance, other cases may be allocated through a computerized mechanism (to remove human element of favouritism) or based on the specialisation/years of experience in handling specific types of cases by the judges. And why not? In most other professions, there are areas of specialization, be it Medical, Teaching, Engineering , Defence Services . Without rule of law, it's not possible to fight corruption, poverty, disease and all other forms of injustice which are a hindrance in the development of a society. According to a survey of 1.1 lakh people across 113 countries, conducted by the World Justice Project, our country doesn't count among the most lawfully run countries (even seventy years after independence) and finds 66th place in this list. These rankings have been based on 8 parameters:curb on government power, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice and criminal justice. People of our country have immense faith in the Supreme Court of India and have extremely high respect for what this institution stands for. By washing dirty linen in public, these judges have achieved their target but at the same time, have planted a seed of doubt regarding the credibility of this supreme institution. "The Supreme Court's only armor is the cloak of public trust;its sole ammunition, the collective hopes of our society." Said Irving R.Kaufman. So once again, my lordships, does end justify the means? KMLAWASSOCIATES is the best and most trusted law firm with superlative success in corporate , business and commercial matters in Delhi NCR .
MIND THE GAP The gender pay gap in India is HUGE and we must learn a lesson from Iceland where it's now illegal to pay women less than men. Some nations have equal-salary certificate policies but Iceland has set precedence in making it mandatory for both private and public firms. Companies with more than 25 workers will have to obtain an "equal pay certification" from an accredited auditor showing that they are basing pay differences on legitimate factors such as education, skills and performance.And the certification must be renewed every three years. Let's hope that Iceland's legislation will work as a wake up call for India to tackle the current existing gender pay gap. KMLAWASSOCIATES has an outstanding success rate in protecting victims of gender based discrimination and violence in New Delhi, NCR. The professional legal team of KMLAWASSOCIATES uses multi-pronged strategy to deal with various facets of women's rights violation in Delhi , NCR.
BEWARE, SOMEONE IS WATCHING The debates between Aadhaar card and privacy rights have been making headlines every now and then, where privacy has been a key focus. Doesn’t our society lack enough privacy as it is?Are we ready for Big Brother (Aadhaar card) eavesdropping, controlling and manipulating every aspect of our personal lives? There are heightened privacy concerns and questions over the security of biometric data in possession of the Unique Identification Authority Of India(UIDAI).Many have opined that it is an intrusive tool open to misuse by the Government or others. Another area of concern is that our country presently lacks cyber security norms and which , it would not be wrong to say, are almost non existential. Aadhaar card is a convenience, no doubt about that as it’s a never-fail identification document that we need and provides a unique identity to avail Govt schemes. However, UIDAI guidelines are not only confusing but also contradictory. On one hand, it’s website says, ”Aadhaar number empowers residents of India with a unique identity and a digital platform to authenticate anytime, anywhere and is accepted as proof of identity of the cardholder for any purpose.” On the other hand , it says that Aadhaar number should not be shared with anyone. While it says that biometric information is never shared, company like Reliance Jio is already collecting fingerprints of its customers to simplify the eKYC process which is nothing short of a 'privacy nightmare'. Leakage of Aadhaar data of cricketer M S Dhoni made headlines, however, similar leakages of lesser known mortals have gone unnoticed. A recent report by 'The Tribune' claims that it had gotten access to around a billion Aadhaar Numbers in 10 minutes by paying Rs500/- to an anonymous seller. A few more security breaches which have surfaced are: -Money in Bank accounts withdrawn fraudulently using Aadhaar data -210 Govt.websites made Aadhaar data public. -Water and sanitation ministry breached Aadhaar privacy. -Aadhar details of over 6 million people leaked on a website managed by the Jharkhand Directorate of social security. Hacking into databases for data is not very difficult for a person with the necessary motivation, skills and time. Systems are hack proof only until the first hack. So what is one supposed to do in these confusing times and discussions? Is there any way to ensure that personal data is not misused? Well yes, there are a few weapons available to a cardholder in terms of certain actions which can protect his personal data . A mechanism exists under which a card holder can choose to block his Aadhaar card along with his demographic and biometric information if he wants to opt out of the UIDAI system. Biometric data should be locked by the cardholder so that no one can access it and the same can be unlocked by following the process given in UIDAI website. A cardholder must not give a photocopy of Aadhaar card in Physical/digital form and must not share his/her Aadhaar number. If there’s no option but to produce a photocopy of Aadhaar card, the cardholder must write the purpose on it and must also self attest it. After all, someone has rightly said BETTER SAFE THAN SORRY. KMLAWASSOCIATES is the first choice of victims of security breaches in Delhi NCR. Whether it’s misuse of personal information or CCTV coverage, the professionally led , expert team of KMLAWASSOCIATES ensures that hassle free justice is delivered to those whose personal space has been encroached.
Should CRIME VICTIM COMPENSATION be a matter of mood or rationale? A 26yr old law student has been beaten to death by unknown people, outside a restaurant in Allahabad. Just about a week ago, a Delhi photographer was killed by his girlfriend's father and uncle. On 20.01.2018, a school principal in Yamunanagar, was allegedly shot dead in her office by her student . There have been numerous killings across the country in the name of honour, intolerance, road rage etc in recent times. Victims of such crimes are not only the ones who directly suffer the blow but also the family members who suffer mental, physical and economic harm as a result of the illegal activities of those who inflict the harm. The victims of such crimes have been provided certain safeguards in the Constitution of India under article 14& 21 and the laws governing compensation to these victims of crimes are contained in sections 357, 357(1), 357(2), 357(3), 357A, 358, 359 and 250 of Cr.P.C. However, there is no uniform policy on the compensation for victims of rape, riots, fire/other accidents, murder, etc., who are rather dependent on whimsical and irrational policy of relief. When there’s no uniform policy, how is one death deemed more deserving than the other?There is an urgent need for a rationale and clear method to award compensation where claims arise from loss of life on account of failure of public authorities. Presently, due to lack of legislation, States and their officials are wriggling out of their responsibilities by awarding arbitrary amounts in compensation. However, it is incorrect to let the mood of the state or the hype created by media be the deciding factors on how much compensation is announced by the state. In the absence of a uniform policy, politics(game of one upmanship), status of the victims or the community which they belong to or the media attention colour the decision of the state authorities in fixing the compensation amount and put a lid on such simmering controversies. It’s time to question the rationale and ask how the beneficiaries of these compensations are chosen since not all families coping with rape or murder of a loved one get treated equally. KMLAWASSOCIATES is a Dwarka based law firm with a commitment and dedication towards justice in all types of litigation.
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