Category Archives: Truth of Our Time

Time and Truth are 3- dimensional, we need to see all dimensions. Presenting another dimension with NO disagreement from other.

DIMINISHING INFLUENCE OF KAYASTA COMMUNITY: ANALYSIS


There is a very interesting post  on decline of influence of kayastha community in politics and other walk of government. It raises some major questions about this once influential community:

  1. The community which give first President, second Prime – Minister  and many other leaders to nation have no significant influence in these day politics.
  2. Mughals, especially, relied on Kayasths, who also culturally got close to Muslims and even great Urdu scholars came from this community. Now, they are more RSS Type.

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Press Release Against IT 2011 Rules


Press Release Against IT 2011 Rules.

Right to Clean Water: A Constitutional and Legislative Approach


The book entitled “Water Pollution and its Recent Challenges” embodies pioneer researches delivered and discussed during the two days UGC sponsored National Seminar organized by the University Department of Chemistry, S.K.M. University, Dumka, Jharkhand in April 2011, convened by Dr. Hashmat Ali, on the most burning issue of the day viz. Water Pollution. The seminar was attended by a galaxy of Scientists and Researchers from different part of India.

By far the most serious and ominous problem the world is facing today is the problem of water pollution. In spite of adopting various measures I existence so far to check the pollution, the situation is worsening in its complexity day by day due to rapid industrialization, urbanization and exponential growth in the population. Moreover, reckless exploitation of water recourses to meet the growing demands without paying heed towards sustainability factors has deteriorated the situation furthermore.

Ms. Poonam (Kulshreshtha), my younger sister was one of the contributors in the seminar. She is Law Graduate from Aligarh Muslim University, Aligarh and did her Master also from same University. She has qualified UGC – NET in Law. Presently, she is a Research Scholar at University of Allahabad. She is doing her Research in Intellectual Property Laws.

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ADDITION OF LEGAL ZERO TO SECRETARIAL ZERO


In India, Company Secretary is a ‘more legal than finance’ profession under administrative control of Ministry of Corporate Affairs. The profession represents middle class of professions against Doctors, Lawyers and Public Accountants. Naturally, among its practitioners, there is a natural thrust to improve and update and not expertise in some particular fields. Same time, majority of its members represent economic middle class of society, where education is over emphasized constituent of life. Alas! Indian education system is not an education system at all but a degree distribution system, where we want to distribute degree to all and sundry without actually educating them. This is whole scenario, I want to discuss in detail here.

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PROTECTION TO CONSUMERS OF MOBILE TELEPHONES


Our country has more mobile phones than toilets.

Loss of blackberry is bigger issue than loss of your virginity.

Multiplying uses of Mobile Phones

And many other mobile related jokes tell a big story of growing importance of mobile in our rapidly changing life style. Mobile has replaced Post Cards (Short Messages), wrist watches, time piece (morning alarms), radio, personal computers, calculators, e-book reader, calendar, personal diaries, maps, scanners, recorders, music players, camera, video games and many other devices. In one recent advertisement in Australia, user put his girlfriend into mobile (I found this advertisement sexist and ethically wrong). This all show importance of mobile in our life.

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REMEMBERING BIPIN S. ACHARYA, PRACTISING COMPANY SECRETARY, CP 8 FCS 424


Bipin S. Acharya

Bipin S. Acharya

After a long weekend, when I come back to work, my mail folders dedicated for peer group read more than 150 mails. What happened? It would have been an eventless week as government is on election mode and no major policy change was expected. Unfortunately, there was very sad news. On 28th January 2012, our beloved Company Secretary Sh. Bipin S. Acharya has left for heavenly abode. According to Hindu calendar, that was day of Basant Panchmi, the first day of spring. This is a day of cultural significance and dedicated to goddess Saraswati of knowledge and wisdom. Naturally, god has no other suitable day as an option to call a practising scholar like him.

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DEBATE IN RAJYA SABHA ON 3 AMANDMENT BILLS RELATING TO 3 CORPORATE PROFESSIONS


The minister of corporate affairs Mr. Veerappa Moily  on 12th December 2011 moved 3 bills namely; the Chartered Accountants (Amendment) Bill, 2010, the Cost and Works  Accountants (Amendment) Bill, 2010 and the Company Secretaries (Amendment) Bill, 2010

These bills were to amend sub-section (2) of Section 2 of three Acts namely the Chartered Accountant Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980.

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CORPORATE DIPLOMACY


International relation not only affect governments but public at large. In globalised world, international relations have been reached to our neighborhood tea stall or grocery shop. We judge a nation by product, we buy. We may not know, where Finland is in world map, but we know Nokia in our hand. We will surely judge Finland by Nokia. This is a public diplomacy.

The ever expanding flow of commercial products and services across borders has important implications for public diplomacy. Despite the escalation of transnational corporations, high profile brand names are closely connected with their countries of origin. Coca Cola, Nike and McDonald’s are inextricably tied with the United States. The same associations are true for Ikea with Scandanavia, Nokia with Finland, Sony with Japan, and Nestle with Switzerland.[i]

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DELHI BLASTS: DELHI PUBLIC AND POLICE


There are media reports that bomb blasts in Delhi are a bi-annual event thanks to very. All terrorists from Punjab, Kashmir and sometime other places do it with their free will. Blast certainly is a law and order problem, which our successive governments are failed to discuss. Police and Intelligence Agencies are busy elsewhere for their routine yes men exercises. Same time, we should ask, what makes Delhi a soft terror target. In my opinion, this is not a question of law and order but question of attitude of people who make a city.

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FLAWS IN FORM 32: WITH RESPECT TO APPOINTMENT OF A COMPANY SECRETARY


Present scheme of the Companies Act, 1956 treat wrong doing principal officers of a company as “officer who is in default”. The Act under Section 5 explicitly lists “Officer who is in default”. This list, which looks like a most wanted list of police department, really cast numerous responsibilities on these officers. Presently, the Secretary of the company seems to be only professional listed herein. As all other persons, may or may not be professionally qualified, are business person and technical persons with only average person knowledge of his legal responsibilities. This section not only cast on the secretary practically all legal responsibilities of the company’s legal administration but also put him in much bigger shoes.

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CORPORATE FOREIGN POLICY


Corporate world is different from political world. These two worlds are dependent on each other for their survival. Earlier, corporate houses looked towards respective national governments for their social, economic, political and legal protection. Whenever corporate houses became powerful, they had influence upon their political protectors in policy matters. Until twentieth century, power and influence of corporate houses never grew beyond the control and wishes of their political masters. With increasing sophistication in working methodology of corporate houses, their ability of influencing governments goes beyond limitations. In term of Gross Domestic Product as well as human resource availability, many corporate houses are of much better position than many nation states. This is obvious, with increasing influence and power; these corporate houses affect the national and international policies of nation states.

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DEMOCRACY AGAINST LOKPAL


We are facing challenge to our democracy. Apparently it is from blood less revolt by civil society now and by other groups like Naxals before; but it is not a case. Our democracy is facing long standing challenges of credibility from its most visible face, our political representatives and their way of functioning.

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INDIAN RAILWAYS AND TECHNOLOGY


Indian Railway is very slow in adopting and promoting all information technological developments particularly which are for benefits to the passengers. This starts from booking of ticket form IRCTC website.

Officially, online booking platform starts booking of Tatkal ticket at 8.00 hours but it never happen before 8.05 hours and that too with several failures.

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INDUCEMENT OF SEDITION IN INDIA


Today, after more than 60 of Indian independence, there is much talk about sedition and other laws in force. This time no one is talking about draconian laws like MISA, TADA, POTA, and UAPA. There is consensus amongst civil liberty activists that everyone know about these draconian laws and there widespread misuse all over India. After so – called conviction of Dr. Binayak Sen, focus has been shifted to general criminal laws like one for sedition and its potential misuses. Misuses of these laws generally do not attract attentions of general public and activists, and victim of these misuses silently suffer.

In ordinary criminal law i.e. Indian Penal Code sedition is defined as to bring or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India.

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DEATH OF SOVEREIGNTY


Obama killed Osama is most discussed topic all over globe. It is a happy ending of Act – I of the high drama called as “Global War against Terrorism”. Even if, we are still living in terror, we are more happy now.

The global stage has already been prepared for next acts and parallel actions. It is highly unfortunate; centre stage is at our Indus valley with Kashmir and swat valley. Many Key actors are here in a circle; Pakistan, India, China, Russia, Arabs, and our guest of honours Americans along with Europeans. Certainly, beyond doubt, Americans are dominant player with UN and NATO as their most deadly weapons. All players have their vested interests, national ego, internal politics and international policy agenda.

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ROOT CAUSE OF CORRUPTION


What is root cause of corruption in India?

Every think – tanks in India have its own reason and solution of corruption. From Kautilya to Amartya Sen, all have discussed corruption.

For study of corruption in independent India, we have two periods;
(a) Pre – economic Reform, and
(b) Post – economic Reform era.

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TERROR OF CORRUPTION IN KASHMIR


We Indian are very concerned about Kashmir issue. Sometime, international community believes that we love Kashmir more than India. Since Indian Independence, we are in war for Kashmir. At many point of time, in Union Government there was a particular minister designated as Minister of Kashmir Affair. Kashmir is a more disputed then we believe. The Land is de – facto divided into three pieces between India, Pakistan and China. It is located well between three regional superpower of Asia. World best armed forces keep vigil there on 24 X 7 hours basis.

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FAST UNTO DEATH ALONG WITH OFFER OF DIALOGUE


This is a month of Ambedkar, not because his birth but due to newly found interest in him of Indian politicians, civil society and think tanks. After Anna Hazare’s ‘India Against Corruption’ everyone quoting him against such arm – twisting tactics earlier by Mahatma Gandhi and now by Anna Hazare.
History goes back to 1930-32, when the concept of separate electorate for Untouchable was raised by Dr. Ambedkar. The concept was not new to India as similar provisions were available to Muslim Christians and Anglo – Indian. Gandhi opposed the concept very strongly, claiming that it would disintegrate Hindu society. Gandhi started his hunger strike at Yerawada jail. Dr. Ambedkar was under tremendous pressure to save the life of Mahatma Gandhi.

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TRUTHS ABOUT LOKPAL BILL INTRODUCED IN LOK SABHA BY OUR ELECTED GOVERNEMENT


We must apply our mind before coming to any conclusion. Before deciding, why should I support Jan Lok Pal Bill proposed by movement called “India against Corruption”, we should read carefully provisions of the Lokpal Bill tabled by the elected government. In present Lok Sabha, on 26th August 2010, our elected government, tabled this bill with nomenclature of “The Public Interest Disclosure And Protection To Persons Making The Disclosures Bill, 2010.” The bill seek redressed of all complaints against corruptions and protection of whistle – blowers.

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TRUTHS ABOUT LOKPAL BILL INTRODUCED IN LOK SABHA BY OUR ELECTED GOVERNEMENT


My short observations are here:

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