INDIA LEGAL SUMMIT 2016--ALIGNING LITIGATION STRATEGY WITH BUSINESS STRATEGY

5^th February 2016

Le Meridien New Delhi.

ABOUT: The objective of the summit is to share ideas on India’s tax regime, the legal framework of India, and provide strategies on efficiently managing litigation as a business process.

India Legal Summit will discuss topics such as tax laws and the legal system in India, forums of judicial litigation and their constitution, principles of interpretation of statutes and dispute management in India, recent trends in tax litigation, retrospective and prospective amendments, revenue driven tax administration, to name a few, will be extremely enlightening to our attendees.

TOPICS HIGHLIGHTS

• ‘Advantages of Institutional Arbitration and drafting effective arbitration agreements’
• Is higher rate of litigation could be a sign of development?
• Game- changing" measures to transform India's economic fortunes and improve the business environment in the country.
• Taxation of corporate reorganization and restructuring
• Transfer Pricing 

WHO SHOULD ATTEND

• Attorneys
• In-house counsel
• Arbitrators
• Legal Heads
• Law-firms
• Lawyers in private practice
• CEO/CFO/COO
• Entrepreneurs
• Corporate advisors and lawyers
• Government and public bodies

Produced & Organized by:   

REGISTRATION FEES: Reular Fees Rs.5000/- per Delegate.

Register

For further information please visit our website:
http://www.bizintegration.in/2016/indialegalsummit/agenda.htm
Email: urvashi@bizintegration.in
Call: +91-9820968442

Economic and Political Weekly: Table of Contents

The Problem in Dals

Vol - L No. 50, December 12, 2015 

• Editorials

Why has pulse production stagnated despite measures to boost production being well known?

• Read more
• 0 Comments

Taking Cars Off the Road

Vol - L No. 50, December 12, 2015 

• Editorials

Delhi's proposal to take cars off the road may only be a band-aid, but it must be allowed to work.

• Read more
• 0 Comments

Editorials Prosecution and Judge Can the Foreign Contribution Regulation Act be insulated from the political executive? Read more	Commentary India's 100GW of Solar by 2022 Pragmatism or Targetitis? Hippu Salk Kristle Nathan The Government of India's target of 100 gigawatts of solar power by 2022 reflects two perspectives. One, it embodies a practical need and urgency for solar energy from climate and energy security points of view. The other perspective, however... Read more
Commentary Price of Land and Skill Bias in Manufacturing Dev Nathan, Sandip Sarkar For a comprehensive analysis of the influence of relative factor prices on the nature of manufacturing or any other economic activity, one should include not just labour and capital but also land. Read more	Commentary India’s Electoral System Geoffrey Macdonald, Babak Moussavi India’s first-past-the-post electoral system has generated a series of political defi ciencies that have prompted discussion of institutional change. In March 2015, the Law Commission of India concluded that a hybrid electoral system that... Read more
Commentary Environmental Regulation in India Moving ‘Forward’ in the Old Direction Manju Menon, Kanchi Kohli In a bid to fast-track environmental clearances for industrial projects, the Narendra Modi government constituted a high-level committee in 2014 under T S R Subramanian to review key environmental laws. In the context of the controversial... Read more	Commentary Sabotage of Anti-defection Law in Telangana K Vijaya Bhaskara Reddy Exploiting a loophole in India's constitutional anti-defection provisions, Talasani Srinivas Yadav, a Member of the Legislative Assembly in Telangana, has been serving as minister in the state cabinet for more than six months without having... Read more
Commentary Abortion and Gay Marriage Sexual Modernity and Its Dissonance in Contemporary World Sanjam Ahluwalia The local and global "other" can never hope to approximate the dominant Western ideals of sexual normality, for the terms of sexual normality and modernity are constantly being rescripted to police entries into the ranks of the Western... Read more	Commentary Bhutan's Gross National Happiness An Interrogation Michael Givel Despite Bhutan's deliberate policy direction of promoting non-economic goals embodied in gross national happiness over gross domestic product, does GNH still incorporate the promotion of material well-being through adequate living standards based... Read more
Book Reviews Gaza, the Ruin Vijay Prashad Gaza Unsilenced edited by Refaat Alareer and Laila El-Haddad, Charlottesville: Just World Books, 2015; pp 320, $21. Gaza: A History by Jean-Pierre Filiu, New York: Oxford University Press, 2014; pp 422, Rs 2,722.98... Read more	Book Reviews Women's Struggles Many Dimensions Vimala Ramachandran Interrogating Women's Leadership and Empowermentedited by Omita Goyal,New Delhi: SagePublications, first published in 2015; pp 265, hardback Rs 895. Read more
Perspectives Conservation 'Wars' Global Rise of Green Militarisation Trishant Simlai Wildlife conservation is increasingly being portrayed as a "war," where conservation organisations take moral positions against poaching. Military methods are being heavily used to complement the already existing fences. The discourse... Read more	Special Articles History of Eminent Domain in Colonial Thought and Legal Practice Debjani Bhattacharyya This paper explores the prehistory of the Land Acquisition Act of 1894. By focusing on colonial Calcutta, it traces the emergence, development and various legal justifications of the principle of eminent domain under the East India Company rule.... Read more
Special Articles Gender Responsive Budgeting in India Bhumika Jhamb, Yamini Mishra Gender responsive budgeting in India has been in practice for 10 years. An assessment reveals a mixed picture. There are number of positive developments, such as changes in select planning and budgeting processes and creation of gender budget... Read more	Special Articles Health Insurance, Health Access and Financial Risk Protection Shailender Kumar Hooda Drawing from the 60th and 68th rounds of National Sample Survey Office, this study evaluates the impact of different (social, commercial and target-oriented) health insurance schemes on access to healthcare use, and cost of care and financing of... Read more
Notes Changing One's Mind? Updating of Beliefs among Rural Indian Women Annemie Maertens, Christopher Ksoll How do people reassess their beliefs in the light of new information? Do people follow the Bayesian rule of utility maximisation? Or are there other aspects that people take into account when updating their beliefs? In order to better understand... Read more	Notes Does Computerisation Reduce PDS Leakage? Lessons from Karnataka Silvia Masiero, Amit Prakash The idea that end-to-end computerisation can reduce public distribution system leakage has been theorised, but not yet examined in practice. This note tries to fill the gap by conducting a case study of the information technology system for PDS... Read more
Economic Notes Surge in Union Government Revenues Indirect Tax Collection Leads Growth Dennis Rajakumar, R Krishnaswamy The tax revenues of the union government have surged in the first half of 2015–16, growing much faster than budgeted. Indirect taxes led the rate of growth of tax revenue collections, while direct tax collections grew less than expected.... Read more

Cloud computing, in the steel city

Academic writing, practical work and presentations helped the writer realise her research potential at Sheffield Hallam University.

The drive to pursue a career in cloud computing, the technology buzzword in 2012, was planted in me by a senior IT professional while I was working at IBM. My background in IT and business management made him suggest this career shift. I was disappointed by the lack of cloud computing courses on offer in India.

Moving abroad was a difficult choice for me as my husband’s career was also at stake. With inputs from an international educational advisor and weighing the pros and cons of the global choices available, I applied to Sheffield Hallam University’s M.Sc. in Web and Cloud Computing. I was lucky enough to get my offer letter in person from the university delegates who were on an official visit to the country.

I was also awarded a scholarship based on my past academic and professional achievements.

FIRST IMPRESSION

The university has a wonderful induction week and an active international student service team. I was immediately made to feel at home by the staff, both teaching and non-teaching and the student volunteers. Sheffield, also known as the steel city with its contribution to industrial revolution in the 19th century, is home to two lovely universities. Sheffield Hallam University is a modern university which was formed following the higher education reforms after World War II, but the campus boasts a proud history dating back to 1836. The University of Sheffield is a Russell group University which is more than a century old. The clubs, pubs and other entertainment venues in the city host one of the country’s best fresher’s weeks for the students. Actively participating in the events organised by the university helped me meet students from across the world and make friends.

Practical experience

While I was in India, I had been quoting experts in my academic writing or reproducing definitions in textbooks without proper referencing, not knowing that I was inadvertently committing an unforgivable mistake — plagiarism. This was the first major hurdle I had to encounter, but thanks to the university’s foresight, the first module in our master’s degree introduced us to the British way of academic writing. The master’s degree, unlike in India, is not one where you get taught everything to earn a degree; instead students are introduced to topics and are actively encouraged to conduct desk research, group activities, presentations and so on to improve the subject knowledge. Less emphasis is laid on exams and more on academic writing, group assessments, practical work and presentations that contribute to the awarding of the degree. The master’s courses have a dissertation or project work which provides a platform for research and development.

I realised my research potential during my dissertation and decided to enrol for PhD in the university.

The writer pursued M.Sc. Web and Cloud Computing at Sheffield Hallam University, U.K. She is now she is studying for a PhD at the university.

Keywords: cloud computing, career in cloud computing, Sheffield Hallam University, study abroad, study in US, education abroad, M.Sc. in Web and Cloud Computing

Source: The Hindu, 13-12-2015

Hope on climate & a long road ahead

The Paris Agreement on climate change marks a milestone in preserving the earth’s environment and provides a floor on which to build ambition and action. It is the outcome of a long struggle by millions of citizens around the world, aided by the weight of scientific evidence linking severe, more frequent weather events such as cyclones and droughts to man-made greenhouse gas emissions. The 195 country-parties to the UN Framework Convention on Climate Change — besides Palestine which joined in Paris — have acknowledged that global climate action can no longer be postponed. While their adoption of the Agreement has created history, the sum total of national pledges by 189 nations will be unable to stop climate change that is already happening. As the UNFCCC acknowledges, these pledges will not be able to keep temperature “well below 2 degrees C” compared to pre-industrial levels, leave alone the aspirational target of a 1.5° C limit. It is also important to remember that there is a long window before the promises on emissions cuts go into effect in 2020, a period during which developed nations would continue to emit large volumes of greenhouse gases. Given such a background and its responsibility as a legacy polluter, the richer half of the world, which secured the support of vulnerable and poor nations in Paris, must use the Agreement to liberally share its prosperity and technology. It would be perverse if the climate pact is viewed as a business opportunity to fuel a wave of growth for a few.

The signal from Paris is clearly for a shift away from polluting fossil fuels such as coal and oil to renewable energy, and the adoption of smart policies and innovative technology. Like all other countries, India is now required to periodically report on its targets and performance under the Agreement, and update its Nationally Determined Contributions by 2020. This will need the active involvement of all States and wide consultations — more so for the 175 gigawatt renewables revolution, including 100 GW from solar, to meet the 2022 target. The Centre should consider enacting a strong climate change law that harmonises policies nationally, beginning with energy, buildings, transport, water, agriculture and urban development. The question of adaptation to climate change and addressing loss and damage looms large for India, given the regular cycles of crippling droughts, devastating flooding and lost livelihoods. There is not much to look forward to here in the Agreement, which speaks of raising finance with $100 billion a year base by 2020, an amount that is grossly inadequate for the scale of catastrophic events witnessed worldwide. The hope is that the Paris Agreement will, as a binding covenant, spur civil society to raise the pressure on leaders to improve upon it every year, adding clear commitments for the developed nations to cut their emissions in favour of the developing countries and raise financing significantly.

Keywords: Paris Agreement, climate change, CoP21, climate change summit, Paris Summit, UN Framework Convention on Climate Change, solar power, renewable energy

Source: The Hindu, 14-12-2015

inside-Out, Outside-In

MOID SIDDIQUI





Perception changes with awareness. Perception doesn't remain the same when the awareness changes from shallow to deep, deeper and deepest level. Then the physical aspects get blurred and what comes into sharp focus is the `abstract'.Does perception make an organisation look different? Is perception the reflection of organisational awareness or is organisational awareness the reflection of perception? I was trying to find the answer to what my heart had whispered to me.It is not `either this or that'; it is perhaps both `this and that'.Perception is the reflection of organisational awareness and organisational awareness is the reflection of perception.
It works both ways. If someone perceives of himself with a physical perspective, his awareness remains at the level of a physical being; if someone perceives of himself with a spiritual perspective, the level of his awareness goes deeper and he may consider himself as a spiritual self. He may start considering himself as a spiritual being. So, a perception limits or creates awareness and one begins to search inwardly .I would call this `outside in'.
But it works in reverse too.The shallow level of awareness creates a low level of perception and deeper level of awareness creates a higher level of perception. This way , awareness creates perception and one develops a perspective. I would call this, `inside out'. I dare declare: he who explores the corporate soul is greater than he who manages 10 Fortune 500 companies. He alone will survive and thrive tomorrow.

Vairagya, Doorway To Self-Realisation

V N Mittal





Not to become enslaved to anything and live like a lotus leaf in the waters of life without being touched or polluted by it ­ is the quality of a true vairagi. In the Bhagwad Gita, Krishna offers a practical formula to gain control of the mind. He tells Arjuna that one can control the restless mind with abhyasa or practice and vairagya or dispassion.The virtue of vairagya or detachment is extolled and advocated by a number of major religions and ancient philosophies including Hinduism, Buddhism and Jainism. `One who performs his duty without attachment surrendering the results unto the Supreme, is unaffected by sinful action as the lotus is untouched by water' says the Gita. Detachment is one of the supreme ideals of Jainism together with non-violence, nonpossession, non-attachment and it is among the five great vows Jain monks observe. It is also a central concept of Zen Buddhist philosophy . The upanishads say, `Let us leave attachment and possessiveness and still enjoy whatever is presented to us'. In vedanta, vairagya is an important virtue; a fundamental and dedicated practice. All other virtues follow.
Vairagya is dispassion, detachment, or renunciation from material objects; it does not mean giving up or developing repulsion for material objects.True vairagya is an internal state of mind rather than external lifestyle. It can be practised equally well by one engaged in household affairs or by a renunciate. You can maintain a balance between your inner spiritual state and your external life through the practice of seeing each entity as an expression of the one cosmic Consciousness or Brahmn. All attachments cause suffering. A true vairagi is not interested in the illusory world of maya ­ it is love that keeps him here; love to him means kindness, service, forgiveness and helpfulness without expectation. As he advances on the path of vairagya, he becomes more loving ­ though he may not express his love outwardly because much of his life is lived inwardly.
Vairagya is born of viveka or discrimination between the eternal and non-eternal. Intense vairagya leads to moksha. Vairagya can be cultivated if we consider ourselves as trustees and not owners. Swami Sivananda gives a step-by-step approach to vairagya.
In the first stage, an attempt is made to not allow the mind to run into sensual channels. In the second stage, you train your mind to overcome attraction and attachment for objects that lure you; you gradually develop vairagya. In the next stage, your senses remain still but the mind has neither raga (like) nor dvesha (dislike) for objects, acting independently. In the fourth stage, objects no longer tempt you and your mind is free from likes and dislikes ­ you get established in vairagya. Without vairagya, spiritual progress is not possible.
After gaining control of the mind and having shed kama, krodha, and ahankara in this way , one can even attain Self-realisation, says the Gita. Vairagya, thus, is a doorway to Self-realisation.
Lebanese poet-philosopher Khalil Gibran, in `The Prophet' has beautiful advice to offer with reference to detachment in relationships: “Let there be spaces in your togetherness, and let the winds of the heavens dance between you. Love one another but make not a bond of love. Let it rather be a moving sea between the shores of your soul. Sing and dance together but let each one be alone. Stand together yet not too near together, for the pillars of a temple stand apart and the oak tree and cypress grow not in each other's shadow.“

India struggling to cut malnutrition rates: reports

Global Nutrition Report says nation on course to meet only 2 of 8 targets.

Two reports released on Thursday, one at the global level and the other India-specific, say the country is on track to meet only two (under-five overweight and exclusive breastfeeding rates) of the eight global targets for reducing malnutrition by 2030.

The latest data show that 39 per cent of children under five in India are short for their age (stunted). The two States that had the worst stunting rates in 2005-06 — Uttar Pradesh and Bihar — have made the least progress over the 2005-2014 period, noted the Global Nutrition Report, the first of its kind to be released. The global rate is 24 per cent.

The India Health Report (IHR), 2015, offers a critical analysis of nutrition at the national and State levels. The IHR compared nutrition levels among children in 28 States and Delhi.

Ramanan Laxminarayan, co-author of the IHR, said: “We focussed on the topic of child stunting and malnutrition, given its magnitude and persistence in our country. Even with recent impressive improvements, India’s stunting problem represents the largest loss of human potential in any country in human history. If the population of stunted children in India were a single country, it would be the ninth largest country in the world. Even more worrisome, the problem of under-nutrition in India now coexists with the problem of over-nutrition and associated non-communicable diseases for a different segment of the population.”

Purnima Menon, co-author and senior research fellow at the International Food Policy Research Institute, said: “The scope of action needs to be broad, but given the tremendous variability in implementation across States on delivery of indicators of nutrition and health programmes, water and sanitation coverage, food security and anti-poverty programmes, there is a clear need to invest in closing delivery gaps. Our report also highlights the critical relationships between indicators of women’s status and nutrition, and this is an absolutely urgent area for action.”

Malnutrition reduction

The GNR notes an increase in the number of countries on track to meet global nutrition targets, and encourages countries to establish specific and time-bound targets for malnutrition reduction that are consistent with the new Sustainable Development Goals. National targets should help accelerate progress and promote accountability.

While the GNR points to India’s improved performance in reducing its high burden of malnutrition, both reports conclude that this improvement should be much more rapid.

Lawrence Haddad, the co-chair of the GNR and a senior research fellow at the International Food Policy Research Institute, said: “India’s accelerated rate of reduction in under 5 malnutrition is not only good for Indian families and the Indian economy, but it is also good for the world. In fact, India has the opportunity to do for malnutrition reduction in the SDG era what China did for poverty reduction in the MDG era.”

Keywords: India malnutrition

Source: The Hindu, 11-12-2015