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Is Modi's promise of decriminalising politics , mere lip service or word of a Gentleman? “People never lie so much as after a hunt, during a war or before an election” said Otto Von Bismarck. In 2014 election campaign, Narendra Modi made an explicit promise that if he became the PM, “ No accused (with criminal charges) will dare to fight polls. Who says this cleansing is not possible?” Mr Modi has delivered enough and more lectures on the issue of eliminating political crime BUT one is bound to be suspicious when his actions do not match his words and the same was seen in the appointment of Keshav Prasad Maurya ( facing about a dozen criminal charges) as the president of BJP in UP. ‘Politics' is often called a 'dirty game' where there are no permanent friends/enemies, only permanent interests. Way back in June 2002, the political watchdog (election commission), on the direction of Supreme Court, issued an order that each candidate must submit an affidavit regarding the information on his/her criminal antecedents. But interestingly , at an ‘all-party meeting' reps of 21 political parties decided that the said order should not be allowed to be implemented, clearly upholding the Gospel truth ‘birds of a feather flock together' . Coming back to Mr Modi’s promise, in a recent report, Additional Solicitor General has said that recommendations of the ECI and the law commission, favouring lifetime disqualification of politicians with criminal cases against them, was under ‘ active consideration’ by the Centre. Also, the Centre has agreed to special courts to deal with cases against MPs and MLAs. With these special courts, an end is in sight to the inordinate delay in prosecuting politicians who have been sitting pretty in their positions for far too long. It’s time for the near and dear ones of such politicians (with criminal background/cases) to brace up and not die of shock like Lalu's sister who couldn’t bear the shock of his 3& 1/2 years jail sentence in a fodder scam case.
Fraught by frauds The recent high profile fraud cases in our banking sector have deeply jolted all the stakeholders and have once again highlighted the vulnerability of our banks, specially while dealing with corporate loans and celebrity industrialists who manipulate the banking system by conveniently bypassing protective mechanisms. Successful economies minimise corruption, embezzlement and frauds which are characteristics existing everywhere but unfortunately for us, the instances of banking frauds which are a silent killer of our economy only seem to be on the rise as a result of corruption, inefficient regulations, lack of oversight, business pressures to meet unreasonable targets, lack of tools to identify potential red flags and collusion between employees and external parties. Whether it’s issuance of fake LoUs by two junior employees (as in case of PNB) or conflict of interest on the part of CEO ICICI Bank, it’s amply clear that our banking industry is confronted with deep internal threat wherein anyone from a CEO to lower level employees can manipulate and defraud their bank while both internal and external auditors look the other way. Such high profile frauds , scams and wilful defaults have a detrimental impact on the economy and ease of doing business, employees morale and investors' confidence. Indian banking has always been a soft target for fraudsters and in recent years the frequeny, volumes and gravity of frauds and wilful defaults have only seen a rise. We as a developing nation cannot afford such setbacks and need to get our act together. Fraud risk management needs to be given utmost importance and diligence in order to prevent and detect fraudulent activities thereby limiting the losses incurred. The banks need to be more agile and think ahead of the fraudsters. A comprehensive and effective anti frauds programme comprising preventive, detective and responsive mechanism can enable banks to identify weaknesses inherent to their processes and identify new threats. Over the years, frauds and scams in this sector have become more sophisticated and hence, their redressal is a major concern. Banks need to make themselves secure, become vigilant and build resilience in order to beat fraudsters in this cat and mouse chase. It is important for banks and financial institutions to understand that fraud investigations require specific skills like forensic accounting and technology to collect adequate evidence which needs to be relevant and comprehensive to be admissible in a Court of Law. Other important aspects like source of evidence, legitimate witness, electronic evidence can add credibility to the case. If these are not in line with legal requirements, the organisations will not have confidence to take legal recourse against the fraudster which can also be the reason why many banks may not be reporting all their cases to law enforcement agencies.
“We’ll cross that Bridge when we come to it .” This seems to be the approach adopted by the apex court while hearing on the issue challenging validity of section 377 IPC which criminalises consensual sex between two adults of same gender. The apex court has stated that reference order is limited to deal with whether Section 377 IPC is Ultra vires the constitution hence nothing else will be debated in this matter and all other rights and issues can be discussed when 'lis ' litigation comes before it. The responsibility of changing the law rests with lawmakers and not the courts , hence the lawmakers need to keep in mind and address the obvious issues which will crop up with the opening of this Pandora’s box while scrapping and drafting new laws. Lawmakers need to address the issue in a much larger way beyond the realm of sexual orientation . A new era will be ushered in India with the scrapping of section 377 IPC giving rise to a whole new set of legal problems as our society is bound to get destabilized . The lawmakers need to ponder deeply on questions like inheritance to live in partners or whether they can marry, right to cohabit , rape in same gender relationships .Scrapping of section 377 IPC is bound to give a cover to paedophiles and rise in HIV . If legitimized , it will give rise to a new breed of sex workers and also affect the Institution of marriage as hetrosexual married men/women may engage in consensual homosexual acts . Also, interest of members of armed forces, prison inmates , hostels etc need to be considered well in advance before our courts get flooded with litigation on above mentioned grounds.
The Government will file a review petition in Supreme Court against its order allowing hotels and restaurants to charge more than MRP of packaged water arguing that they also render service and cannot be governed by the Legal Metrology Act.The department of consumer affairs in its latest amendment to Legal Metrology Rules has tweaked the definition of institutional consumer to prevent resale of prepackaged commodities sourced by institutional consumers such as hotels for their own use. At KMLawassociates, the top rated law firm in Delhi, we are committed for advancing the rights of consumers. We have addressed several consumer matters and have achieved high success rate in the said matters. KMLAWASSOCIATES is the best consumer law firm and our team is abreast with all nuances of consumer law. We provide expert legal advice and representation to consumers who are harassed and exploited by sellers.
2017 can easily be called 'the year of ME TOO' with instances of sexual harassment hogging the limelight. A large number of angry women are speaking up and calling out their abusers. As a result of these silence breakers, ranging from Hollywood actresses to domestic workers, the harm and scale of sexual harassment have become exposed to one and all. Sexual harassment reduces a woman's competence and worth to a mere body, forcing them into sexual compliance in order to maintain and climb higher position in their workplace. KMLAWASSOCIATES , a top rated law firm for sexual harassment cases in New Delhi, NCR is the first choice of women who face unwanted Physical/Verbal sexual advances within their workplace. The highly competent team of KMLAWASSOCIATES has advised and successfully represented women faced with sexual assaults and inappropriate/unwelcome Physical/sexual advances in Delhi NCR.
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