LEXPEEPS editor – Page 346

The Editorial Board of the Indian Constitutional Law Review (ICLRQ) is accepting original and unpublished manuscripts in the field of constitutional law, administrative law, democratic rights, policy and related issues for publication in the upcoming edition of the Journal.

Submission Guidelines

The submissions can be made under any of the following categories: Articles/Research Papers/Case Comments.
Word Limit for each Category:
- Research Papers: 5000-7000 words exclusive of footnotes.
- Articles: 3000-5000 words exclusive of footnotes.
- Case Comments: 2500-3000 words exclusive of footnotes.
- Book Reviews: 1500-2500 words exclusive of footnotes (please note that the book should have been be published within the 2019-2021 duration and must be relevant as of April, 2021).
- Please note that the word limits are not hardcoded.
Co-Authorship, for research papers only, is permitted up to 2 authors.
The contributors must adhere to the Bluebook 20th Edition citation format.
All Articles & Research Papers must include an abstract of not more than 350 words. Please note that the word limits are not hardcoded.

Formatting Guidelines

1. Title of the Paper – Times New Roman, Size 16, Bold.
2. Sub-Title – Times New Roman, Size 12.
3. Heading 1 – Times New Roman, Size 12, Bold.
4. Heading 2 – Times New Roman, Size 12, Underlined.
5. Heading 3 – Times New Roman, Size 12, Italics.
6. Line Spacing – 1.5.
7. Footnotes – Times New Roman, Size 10, Single Line Spacing.

Submission Process

Submissions must be accompanied with details of authors such as title of submission, name of authors, email, phone, college or affiliation, year of study, category of submission in the body of the email or web form.
The name of the author(s) or affiliation should NOT appear in the word document containing the final submission.
The submissions must be the original work of the Author(s). Any plagiarism will lead to outright rejection.
Author(s) are required to send their submissions at info@iclrq.in or through the web form in a word document format (.doc/.docx).
The name of the document must be in the following format- Title of the Submission-Name of the Author.
Submission must be made with the Subject of the email as ‘Submission-Edition [] (ICLRQ)’.

For more details-

https://www.ijlr.in/opportunities/1nmdc

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FORum for Legal Awareness And Social Service (FORLASS) INDIA and Indian Journal of Legal Review (IJLR), presents the 1st National Memorial Drafting Competition, 2021.

Endeavour will be to create an atmosphere of invigorating intellectual challenges and the opportunity to learn court craft through simulated experiences in the competition. We look forward to a positive response.

Competition Details

Rules and Regulations

1. General Information

1.1. These are the rules for the 1^st National Memorial Drafting Competition, 2021.

1.2. The competition is being conducted by FORLASS INDIA organization and IJLR.

1.3. Last Date for submitting memorials – 26th September 2021.

1.4. The Organizing Committee shall function as the point of contact, and any changes in the Rules of the Competition shall be notified by email to all participating teams.

1.5. The Competition shall be conducted by rules mentioned hereunder. Participants are required to comply with the rules and procedures prescribed herein.

1.6. The official email for all correspondence for the Competition is info@ijlr.in and forlassindia@gmail.com

2. Definition Part

2.1. “Competition” means the 1^st National Memorial Drafting Competition, 2021.

2.2. “Identity” means any fact of the identity of the Team, its members, or the Institution/College/University represented by the Team and the state or region where such Institution/College/University is located and includes any identification marks/ seal of the Team or the Institution/ College/University represented.

2.3. “Organizing Committee” or “OC” means the Organizing Members from FORLASS INDIA and IJLR.

2.4. “Team” means the registered participants in the Competition and shall include only those members as specified in Rule 3.2 of the Rules of the Competition.

2.5. “Team Code” means the code assigned to a Team for Representing.

2.6. “Memorial” means the memorandum of written submissions submitted by any Team as per these Rules of the Competition.

2.7. “Memorial Score” means the score determined by the Rules of the Competition.

3. Eligibility and Registration

3.1. Any students enrolled in a three (3) year LL.B. programme or a five (5) year LL.B. programme shall be eligible to participate in the Competition. Students enrolled in Post-Graduate are not eligible to participate. A person not eligible to participate in the competition who is current member of FORLASS INDIA and IJLR.

3.2. The team composition for the Competition shall be either Individual Member Team or Maximum Two Members Team. Inter-Cross college or university team registration is allowed in this Competition.

3.3 Here is no need for any authorisation latter from any institutions.

3.4 Registration fee for a Team is ₹ 60. Registration Fees must be paid before registration. And except in inevitable circumstances, the registration fee is not refundable.

3.5 Payment Instructions.

In the case of Bank Transaction:-

BANK NAME: BANK OF BARODA.

ACCOUNT NUMBER: 74980100022173.

IFS CODE: BARB0VJTICH.

BRANCH NAME: Salai Road, Tiruchirappalli.

ACCOUNT NAME: PRASANNA S (or)

In the case of UPI Transaction:-

ijlr@upi (or) +91 94896 71437

3.6 Registration is open from 01st August to 29th August 2021. Registration Linkhttps://forms.gle/g6JwtygGBJyA2G1X7.

3.7 After the Registration process complies with the participants, within 18 hours confirmation mail and Team code shall be allotted to that team.

3.8 After Team Code allotment, Teams must represent their team code to The Organising Committee for any situations. Non-Comply with this rule will lead to disqualification of teams.

4. Memorial Rules

4.1. General Rules for Memorial

4.1.1. All the teams must submit the soft copy of the memorial for both sides (Petitioner-Respondent) on or before 11:59 PM (IST), September 26th, 2021. The memorial should be sent in a format of Word (‘.doc’ or ‘.docx’) format. Here are no negative marks for late submissions. So sharply registration link will be closed at that mentioned time.

4.1.2 Mode of Memorial submission will be announced after the all registration process.

4.1.3. Participants are allowed to frame additional issues other than those provided in the moot proposition if desired.

4.1.4. The soft copy of memorials once submitted cannot be revised or resubmitted.

4.1.5. The Cover Page of the Memorial must follow the following colour scheme, Blue for the Petitioner Cover Page and Red for the Respondent Cover Page.

4.1.6. The Memorial must not contain any Annexure / Photographs /Sketches / Exhibits / Affidavits or any other representation of like nature.

4.1.7. The memorials must not contain any identification apart from the team code allotted. If any discrepancy or any attempt to disclose identity by any team is noticed by the Organizers, the team will be disqualified.

4.1.8. The memorials must be named in the following format: “Team Code -Petitioner/Respondent”, for example, “T001 – Petitioner”. The file name shall not carry any other identifying marks.

4.1.9. Participants must refrain from using the same language or copying from other’s memorials and other sources. Even the use of publicly available information must be accompanied by proper citations. These rules shall apply to all parts of the memorial and not just the Pleadings and Prayer. The Organizing Committee in consultation with the memorial judges will take a final decision regarding the determination of cases of plagiarism and penal measures for such action.

4.1.10. Memorials that do not comply with the above-mentioned specifications will be rejected.

4.2. Rules on the Content and Formatting of Memorials

4.2.1. Each Team is required to prepare a memorial for each party of the dispute with the following mandatory heads:

a) Cover Page

b) Table of Contents

c) Index of Authorities

d) Statement of Jurisdiction

e) Statement of Facts (Must not exceed single Page)

f) Issues Raised

g) Summary of Arguments (Must Not Exceed 2 Pages)

h) Arguments Advanced (Must Not Exceed 25 Pages)

i) Prayer.

No restrictions for overall page count.

4.2.2. The Cover Page must contain only the following information:

a) The Team Code in the upper right corner of each memorial. No other page must contain the team code.

b) The name of the Forum resolving the dispute.

c) The name of the Competition.

d) Name of the parties and status before the Forum

e) The party on whose behalf the memorial has been prepared

4.2.3. All parts of the memorial (including Headings, Headers and Footers) must be typed on A4 sized paper/format, with the following Formatting Specifications:

a) Page Orientation: Portrait

b) Font Type: Times New Roman

c) Font Size: 12

d) Line Spacing: 1.5

e) Margins: One (1) Inch on Each Side

f) All Paragraph should be Justified

4.2.4. For Footnotes, the Formatting Specifications are as below:

a) Format: 20th Bluebook Citation Format.

b) Font Type: Times New Roman

c) Font Size: 10

d) Line Spacing: 1

e) Speaking footnotes or endnotes are not allowed except in necessary situations.

5. Evaluation Criteria

5.1. Evaluation Criteria for Memorials

Memorials will be marked on a scale of 100 marks per the following criteria:

Clarity of fact

5 marks.

Research Studies and its usage in Memorials

15 marks.

Usage of Legal Language

5 marks.

Legal Maxims, legal doctrines and legal principles

10 marks.

handling way of pre-judgments and acts

10 marks.

cover page

5 marks.

Memorial Alignment Skill

10 marks.

Utilization of Memorial Submission Rules

5 marks.

Jurisdiction

5 marks.

Summary of Argument

5 marks.

Correlation of issues

5 marks.

Continuation of Memorial

10 marks.

Prayer

5 marks.

Excluding Fact, Ability to handle other issues related to Fact

5 marks.

Total

100 Marks

Here is no penalty for any thinks.

6. Result

6.1. Results of Memorandum evaluation will be declared on 3rd, October 2021.

6.2. Results contains Each Teams Marks (Sorted By each criterion mentioned in Rule 5), Each Teams Memorials, Best Memorials of the Competition, Certificate of Participation, Certificate of Merit.

6.3 Results are the final decision of the Organizing Committee.

7. Awards

Winner-Up – Rs. 1,000/ + Justice B P Banerjee’s Writ Remedies (7th Edition) Paper Back Book + Free Publication Opportunity at IJLR +Certificate of Merit.

(Winner-Up Award for who takes the first place of Memorial Evaluation)

Runner-Up – Rs. 750/ ₊M.P. Jain’s Indian Constitution Law (8th edition) Paper Back Book + Free Publication Opportunity at IJLR + E-Certification of Merit.

(Runner-Up Award for who takes the Second place of Memorial Evaluation)

Raw Memorial Drafter – Rs. 500/ + Free Publication Opportunity at IJLR + E-Certification of Merit.

(Raw Memorial Drafter Award for who creates any unique format, Material or anything with the best knowledgeable content. It’s not based on Memorial Marks Evaluation.)

All the Participants will get an E-Certification of Participation. All the prizes will be delivered to the winners after the three days of Results.

8. Important Dates

Registration Open on

1st August, 2021.

Registration Close on

29th August, 2021.

Last date for Seeking Clarification

10th September, 2021.

Last date for Memorial Submission

26th September, 2021.

Results Declaration

3rd October, 2021.

For More Details,

Saranya Manoharan, Co-Ordinator – +91 85240 19402 (or) forlassindia@gmail.com

Prasanna, Co-Ordinator – +91 94896 71437 (or) info@ijlr.in

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About Accenture

Accenture is a leading global professional services company, providing a broad range of services in strategy and consulting, interactive, technology and operations, with digital capabilities across all of these services. We combine unmatched experience and specialized capabilities across more than 40 industries – powered by the world’s largest network of Advanced Technology and Intelligent Operations centers. With 514,000 people serving clients in more than 120 countries, Accenture brings continuous innovation to help clients improve their performance and create lasting value across their enterprises. Visit us at www.accenture.com

About Entity

Corporate Functions—including Human Resources, Finance, Legal, Marketing Communications, and Workplace Solutions– powers Accenture’s people across industries and functions to keep our business leading in the New. Join the heart and soul of Accenture, partnering with our extraordinary people to bring innovation into every organization.

Job description

Job Summary

The Senior Legal Counsel, Employment Law Contracting & V&A acts as legal advisor on Employment law issues in relation to Accenture’s contracting and V&A practices. He or she advises on strategic matters relating to Accenture’s contracting approach in respect of people solutions and HR matters, including effective risk mitigation planning. He or she provides employment law support on new complex deals carrying the largest and most complex people related risks in outsourcing, ventures and acquisitions. He or she helps to lead strategic initiatives and development of tools and know-how designed to enhance employment and labour law risks in the context of acquisitions, client deals and integrations.

Key Responsibilities

• Provide operational and strategic support to deal teams and to Sales & Delivery (Legal), Mobilisation, Solution Architects, CDTS and deal leadership on bid submissions and contract negotiations when addressing the HR solution of client deal constructs (e.g. outsourcing, build-operate-transfers, client captive acquisitions, client joint ventures etc.), particularly on the risk management, on the transition of staff into Accenture or its partners/subcontractors.
• Provide operational and strategic support to deal teams and V&A HR and V&A Legal on acquisitions and ventures in respect of risk analysis of target in light of due diligence undertaken, transition and retention of acquired personnel, contracting approach in respect of employment and HR related matters (including strategic input to negotiations and guidance on contractual documents), integration and post-merger planning
• Assure the quality of Employment Law delivery on new complex client and V&A deals by providing Employment Law support appropriate to needs, and integrating external support as required
• Manage and lead strategic employment law projects and development and deployment of technological tools in relation to contracting and V&A
• Coordination with attorneys in the MU Employment Law teams in respect of delivery of deal support and advising HR, Legal and management as appropriate.
• Act as senior point of contact and coach/mentor for MU Employment Law teams on significant and complex deal-specific employment law issues
• Manage and oversee outside counsel relationships with law firms, including managing the budget
• Stay abreast of legal developments affecting the company, its clients, and industries and synthesize the information to incorporate it into company’s practices in relation to contracting and V&A
• Oversee and contribute to development of internal guidelines, toolkits, and packaged knowledge on Employment legal and business issues
• Counsel, guide, train and support junior through senior levels of Legal attorneys as appropriate
• Educate senior company executives with regard to legal and risk management issues in relation to Contracting and V&A
• Make recommendations and escalate to the Sr. Director of Employment Law Contracting and V&A on material issues.
• Maintain clear understanding of sales and V&A pipeline management processes, escalation protocols to Leadership at MU, Market (including MICO) and Capital Committee and related Company policies associated with the same.
• Provide relevant input to briefings and escalations, to ensure employment law issues are addressed appropriately, key risk and mitigations identified, and that there are clear recommendations and options.
• Work with Legal Leads as appropriate
• Foster seamless integration and teaming relationships with the other Compliance, Operations, Regulatory and Ethics (“CORE”) Legal Services teams as well as with all teams in Sales & Delivery Legal and V&A Legal in the MU and Market, as well as with Mobilization, PT&T, CDTS and Solution Architect Leadership.
• Support, promote, and implement initiatives as part of Legal team, specifically the CORE compliance efforts, activities, and projects.

Relationships

Reports to: Sr. Director of Employment Law Contracting and V&A
Supervises: Coordinates external counsel

External Relationships: Outside law firms

Education Requirements

Education: Law Degree / Juris Doctor required.

Work Experience

8+ years experience in practicing employment law. Strong experience with Contracting and V&A and with advising management of large companies

Work Requirements

Limited travel required, mostly within Europe

Qualifications

Knowledge and Skill Requirements: • In depth knowledge of multi-jurisdictional employment law aspects of outsourcing, acquisitions and joint ventures both in respect of contractual content and negotiation strategies and HR/employment related issues • Strong experience in managing and delivering employment law projects, especially those with global reach • Familiarity with industrial relations and collective issues (including consultation), particularly across Europe. • Ability to work closely with wide range of personnel, including frequent interaction with top-level executives. • Ability to work with personnel both internally and externally across the world. • Superior drafting and negotiation skills. • Excellent oral and written communication skills. • Strategic thinker, ability to influence, strong executive presence • Able to present innovative, original solutions • Responsive and follows through on commitments • Strong time management, prioritization, and organizational skills • In depth knowledge of labor and employment law • Demonstrates sound judgment, ability to prioritize and make decisions, and identify risks before they materialize. Good executive presence and the ability to work effectively with business leaders, partners from law firms, and the senior legal officers of Accenture’s clients Accenture is an equal opportunities employer and welcomes applications from all sections of society and does not discriminate on grounds of race, religion or belief, ethnic or national origin, disability, age, citizenship, marital, domestic or civil partnership status, sexual orientation, gender identity, or any other basis as protected by applicable law”

OUR COMMITMENT TO YOU

You’ll benefit from our network of global communities and collaborative culture that will help you build technical and functional skills and capabilities. And because we serve more than 40 industries globally, you’ll have the opportunity to develop valuable industry-specific expertise.
o The scale of our capabilities and client engagements—and the unique way we innovate, operate and deliver value—will give you the opportunity to deepen your existing skills even as you help create the latest technology trends.
o You’ll have access to leading-edge technology.

CALL TO ACTION:

If you have a desire to help the world’s leading companies and governments, now’s the time to join the world’s largest and most diversified group of technology, business process and consulting professionals. Be part of a dynamic team of collaborative experts, and help us improve the way the world works and lives.

How to Apply-

https://india.jobs.accenture.com/IDCApplyforDetails.aspx?JobID=55701&WF=3&Action=A&Source=Careers&src=LINKEDINJP&_ga=2.248853063.1310588926.1627736604-1249128265.1627736604

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About Company:

Etemaad Saffron processes and distributes the world’s most valuable spice. We sell superior quality Afghan saffron directly to consumers as well as to distributors and retailers in the food and beverage industry in the U.S.A.

Our Product:

Every organic saffron product we sell is sourced from small farmers in Afghanistan, who produce what is recognized as the highest caliber saffron in the world in terms of purity and quality.

Our Mission:

Our ultimate mission is to create jobs and help small organic farmers connect with new markets while bringing saffron of unparalleled excellence to buyers everywhere.

Job: (Volunteers)

We are looking for multiple volunteer interns to help us grow our business : –

Graphic designer intern
Product design engineer intern
Marketing intern
Technology intern
App developer intern
Lab quality control intern
Sales intern
Finance/accounting intern
Translation and intern
Data entry intern
HR intern
Legal/Law intern
Communication intern
Computer/website developer intern
Cyber security intern
Art/painter intern
Social media management intern

Qualified applicants:

High school/bachelors or higher
MS Office
English and other language a plus
Communication and interpersonal skills
Enthusiasm in learning and growth
Attention to details

How to Apply-

https://www.linkedin.com/jobs/view/2661982368

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The Personal Data Protection Bill, 2019 was introduced in the Parliament on December 11, 2019, and is based on the draft law presented by the Ministry of Electronics and Information Technology, by a nine-member committee of experts led by Justice B.N. Srikrishna in July 2018. A significant Supreme Court judgment to the Bill is the K.S. Puttaswamy vs. Union of India, wherein a nine-judge bench upheld the importance of the right to privacy as guaranteed under Article 21 of the Indian Constitution. The Personal Data Protection Bill, 2019 aims to protect the privacy of individuals concerning their personal data and regulates the relationship between individuals and entities that process their personal data. At the same time, it aims to create a resilient digital economy by ensuring innovation through digital governance. Key provisions of the Bill are ‘Data localization and individual consent would be required for the processing of personal data. Data Protection Officer to be appointed by the Significant Data Fiduciary, and instituting grievance redressal mechanisms to address complaints by individuals.

Key provisions of the Bill

Applicability: The processing of data to be done within the territory of India by either the government, any individual in India or any foreign company having the data of people in India.
Data Fiduciary: Data fiduciaries are bound to have a transparent way of processing data, make sure the data is secured with the necessary safeguards, the data processed should have a lawful purpose, notice is supposed to be given to the individual whose data is being processed and the consent of the individual should be taken for the processing of data.
Consent: There are cases where the consent of the individual is not taken for the data processing. If the data is processed for any legal proceedings, by the government for the benefit of the individual, reasonable purposes.
Data Principal: The data principal has the right to know the information about the data fiduciary, right to erasure of data, make corrections in the data, restrict the data or remove the data (except the sensitive data)
Data Protection Authority: The Data Authority makes sure that the data is not being misused and the processing and usage of the data is in compliance with the provisions of the Bill.
Transfer of Data: Sensitive personal data can be transferred outside the territory of India with the consent of the individual. Whereas the critical personal data cannot be transferred outside the territory of India.
Exemptions: The Government has the right to remove any agency given in the provisions of the Bill, for the security and integrity of the country.
Penalties: Penalties up to five crores for violations.

Comparison to International Conventions

Comparing the provisions of the European Union’s General Data Protection Regulation (GDPR), Brazil’s General Data Protection Law and India’s Personal Data Protection Bill (PDPB).
The GDPR definition of Personal Data is specific to information used to identify an individual whereas the PDPB definition of personal data is broader including profiling and interpretation of the data with any other information is in accordance with it.
The GDPR ensures the basis for processing, whereas the PDPB does not provide a necessary basis for the processing of data.
The requirements for consent under PDPB are more flexible when compared to the GDPR, where there are certain contractual necessities to be fulfilled.
In cases where the users withdraw their consent of their data, it is not specified in the new 2019 bill whether the consent would be asked as the Bill fails to address such issues. Whereas GDPR has provisions to re obtain user consent in the transition plan.
There are over 10 lawful bases for processing the sensitive data under the GDPR, whereas the PDPB does not have such detailed provisions.
The PDPB allows the individual to ask the data fiduciaries to delete their data with them, but this does not include the personal data (name, email address, home address and phone number). Whereas, GDPR gives the right to the individual to ask to delete all data from the data fiduciaries.
The Bill does not give the individual a solid right on the ownership of their data, whereas Brazil’s General Data Protection gives assured ownership to the individuals on their personal data.

Criticism

Even though the copy of the data is within the territory of India, the encryption keys can still be not in the reach of the national agencies.
In every provision that gives the government power over the data, the term ‘national security’ or ‘reasonable use’ is used which is not defined in the Bill and is very vague.
Even though the Bill aims for transparency, the Right to Information Act cannot be used to know the processing of the data by the government.
No clear provisions on the implementation of the Bill.
No solid ownership right is given to the data principal over their data.
No obligations on the data fiduciaries to notify the affected individuals in case of data breach.

Advantages

Data Localization can help in investigations in law enforcement agencies.
Cyber-attacks can be kept on check.
Fake news, or wrongful propagandas that is a threat to national security can be kept in check.
Increase Data Sovereignty in the country.
Data localization can help in increasing tax on the internet bodies in the country.

Suggestions

Although this bill has some loopholes or flaws that need further consideration, such as not properly attending to the concern regarding the right to privacy, ambiguity about the functioning of DPA, etc. If the government really wants this bill to be successful, then you

need to relax your guidelines on cross-border data transfer, the operation of the DPA in the actual sense of the word to make it independent,
to include retired judges of the Supreme Court or the Supreme Court and persons with experience in the field of data protection in the DPA.
To give the individuals full ownership over their personal data, give proper clarification on the provisions and implementation of the Bill,
to re obtain the consent from the user and to give RTI Act precedence in circumstances of breach or conflict.
Government should give lawful and reasonable exemptions to its national security agencies such as the Central Bureau of Investigation (CBI), Research and Analysis Wing (RAW), Intelligence Bureau etc. so that they can use personal and non-personal data for detection of criminals and prevention of any cognizable offence.

The article has been written by Hiranmayi Rajeev, a 2nd-year law student at Alliance University Bangalore.

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith, Jaipur.

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The caste system is a hierarchical system that divides society into different groups of individuals. According to the Hindu system, these groups are called Varnas. The first or the superior Varna is the Brahmins, who perform rituals at the temple and are considered the most educated and respected. The second Varna is the Kshatriyas, who are warriors. The third Varna is the Vishay’s, who are traders or businessmen. The fourth Varna is the Shudras, who are the working class and are considered very low. Before, there was a fifth group, who were called the ‘untouchables.’ Even though untouchability is removed in society, those individuals are now referred to as Dalits.

This system of caste has been criticized as the upper caste suppresses the lower caste. To eradicate this issue, the Indian Constitution banned the practice of discrimination based on one’s caste and also provided a reservation system, which reserves a certain number of seats in education and job opportunities for the individuals of the Scheduled Tribes, Scheduled castes, and the OBC’s.

India has been a country that is very sensitive to topics like caste and religion. Even though laws have been prevailing to eradicate caste discrimination, even now, in the 21st century, case discrimination can be seen in our society. Dalits are still considered low status in society and are not treated well. At times of disasters, Dalits are given no preference in providing safety measures or relief. Dalits also face police brutality, many of which are not even registered according to the National Campaign on Dalit Human Rights (NCDHR). In the current context of COVID-19, Dalits are assigned to cremate the bodies of individuals who died due to the COVID-19. In such situations as well, some individuals from the upper caste refuse to agree to cremate their family member’s body as the rituals are done by a Dalit. These incidents highlight the discrimination that the Dalit face.

Now, let us look into ‘Dalit Lives Matter’(DLM). The DLM protest was compared to the US protest of Black Lives Matter (which was started after the incident of George Floyd, a black man who died due to police brutality). But unlike racial discrimination, caste discrimination in India is multi-layered. The DLM started in 2020 after the gang rape case of a 19-year-old Dalit girl from the state of UP. The girl was gang-raped by four men and even the police did not take any emergency actions on the same. The girl’s dead body was cremated by the police without the permission of her parents and family, without giving a chance for them to see her before the rituals. This incident shows how caste and gender discrimination and violence still prevails in India. There was various other death that happened over the years, almost all of them left without justice.

The upper caste is well known for their superior position in society and takes advantage of the same by suppressing the lower caste. But will these Dalits find a way out when they are not educated about their rights, or the ones that try to voice out are being shunned by officials like the police? There are so many cases that happen in rural India that go unregistered and unattended. It is high that the state officials take action against caste discrimination. Nearly a century ago, BR Ambedkar was able to bring in rights for the untouchables because he stood against caste discrimination. Hence, the ruling party or the state officials need to stand against caste discrimination to eradicate such discrimination from society.

But only movements and protests are also not enough. The Dalit community has been living in the shade for years together now, the injustice that happens to them is something that is normalized that they do not find a way out of this loop. Hence to break this loop, it is important to educate the individuals of the Dalit community on their rights.

Now, let us apply the principle of Article 15 to this. Article 15 of the Indian Constitution states that the ‘state shall not discriminate any individual based on their religion, place of birth, race, and caste. The state is given such power so that it uses the same for the upliftment of the lower groups of the society and given them an equal place in the society similar to the privileged groups. Hence, this Article can be applied to the current topic of discussion, caste discrimination. This article is an addition to the principle of Article 14, which states that every individual should be treated equally under the law, that is fair and justifiable to all individuals and to remove any kind of discrimination. It gives fair treatment between the equals and unequal.

These Articles were made under the Constitution because, since the time period of pre-independence, the minority community has been shunned by the upper communities. The State was given the power to make laws to eradicate any such discrimination. Under Article 15, there are Acts like the Scheduled Caste and Scheduled Tribes Prevention Act, 1989, and Caste Disabilities Removal Act, 1850. Anyone who violates the provisions of these Acts can be held liable and given punishment.

Therefore, these laws should be applied in the matter of Dalit people’s rights and eradicate caste discrimination. New Acts with more strict policies should be initiated by the government that also hold the officials like the police, accountable for their actions on caste discrimination.

The article has been written by Hiranmayi Rajeev, a 2nd-year law student at Alliance University Bangalore.

The article has been edited by Shubham Yadav, a 4th-year law student at Banasthali Vidyapith, Jaipur.

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The Jharkhand High Court has taken Suo Motu cognizance of the killing of Judge Uttam Anand who died succumbing to his injuries after an auto-rickshaw rammed into him.

Additional District and Sessions Judge Uttam Anand, 50, was killed on Wednesday morning when he was out for his morning walk near the magistrate colony. He was struck by an unidentified vehicle. The auto-rickshaw that struck him was allegedly stolen from Dhanbad and it was later found on Wednesday night in the neighboring Giridh district. CCTV footage showed that the auto-rickshaw deliberately rammed into the judge. The three-wheeler was seen suddenly swerving to the extreme left of the road and hitting the judge before running away. Later, A public transport driver discovered the judge lying in a pool of blood and transported him to a hospital, where he succumbed to his injuries.

The auto-rickshaw that killed District Judge Uttam Anand has been seized by Dhanbad police, and two people Lakhan Kumar Verma and Rahul Verma who were allegedly riding it have been arrested.

According to reports, the judge passed 36 orders in July of cases involving alleged sexual harassment, alleged diversion of scholarships meant for minority students, etc. Out of these 36 orders, 6 bails have been granted and the rest have been rejected, of which bail request of a suspected contract killer from Uttar Pradesh captured in Dhanbad jail in connection with a high-profile murder case was also denied. Officials, though, claimed it was too soon to connect the order to this case. Advocate Vikas Singh, President of Supreme Court Association said it is a brazen attack on the independence of the judiciary. He has sought a CBI inquiry into this matter.

Jharkhand Advocate General Rajiv Ranjan said that it looks like the Additional District & Sessions Judge was murdered intentionally. The police have detained the two passengers riding the vehicle and have also recovered the auto-rickshaw. A 14-member Special Investigations Team (SIT) has also been constituted to look into the incident.

-Report by VANESSA RODRIGUES

Job Description

Testing Specialist, Legal Assurance,GS
Description The health and safety of our employees and candidates is very important to us. Due to the current situation related to the Novel Coronavirus (2019-nCoV), we’re leveraging our digital capabilities to ensure we can continue to recruit top talent at the HSBC Group. As your application progresses, you may be asked to use one of our digital tools to help you through your recruitment journey. If so, one of our Resourcing colleagues will explain how our video-interviewing technology will be used throughout the recruitment process and will be on hand to answer any questions you might have

Some Careers grow faster than others. If you’re looking for a career where you can make a real impression, join HSBC and discover how valued you’ll be.HSBC is one of the largest banking and financial services organisations in the world, with operations in 64 countries and territories. We aim to be where the growth is, enabling businesses to thrive and economies to prosper, and, ultimately, helping people to fulfil their hopes and realise their ambitions. We are currently seeking an experienced professional to join our team in the role of

Testing Specialist, Legal Assurance
Job DescriptionHelp in preparation of annual plan for Assurance activities and refresh such plan on a quarterly basis and creation of CMAs for Assurance activities in Helios, in advance for the next Quarter.Extract information about the controls from the Helios and finalise in-scope controls (in accordance with the parameters recorded in DIM and/or agreed with Head of Global Legal Assurance.Prepare the draft of the notification or communication of the launch of Assurance activity (including informing the GC / Head of Legal of the locations in the scope of the Assurance Activity).Attending/Conducting /Leading the kick-off meetings with the relevant control owners and giving them brief about the proposed Assurance Activity.Prepare the ‘Information Request’ for each control basis the standard template and the information already available in Helios related to such Control. Discuss such draft ‘Information Request’ with London team and send the same to the relevant control owner (or their delegates).Providing clarification and answering to the questions, Control owners may have in relation to the information / documents asked under ‘Information Request’.Collate and save the information/documents received at the relevant team folders, and review the information and response provided by the Control owners and analyse if the information provided is answering the questions asked, identify the additional questions /information (including samples) which is required from the Control owners before Assurance team could conclude about the Design / Operative effectiveness of the controls.Conduct /Leading the ‘Walkthrough’ meetings with the relevant stakeholders like Control owners, (and on need basis with Issue owners or Risk Stewards).Complete CMAs in Helios and work plans (using IT tools or otherwise), prepare the draft of the Report, discuss the same with London team and finalise it. Evaluate the root cause analysis for all material issues and remediation plans in places to ensure that they are sufficient and fit-for-purpose. On need basis arrange/conduct/lead Close-out meetings with Control owners.Once the report is issued, work with control owners / issue owners to monitor the completion of the actions agreed following the Assurance activity. Perform issue closure validation.Support the Assurance Leads as required, including creating customised testing methodology and testing templates, preparation of reports and MIs, papers for various forums/meetings/committees.Such other tasks, primarily related to assurance or oversight, requested by the Head of Global Legal Assurance from time to timeEnsure the accurate, efficient and timely completion of independent Legal control assessments by Execution and delivery of assigned controls assessments.Ensure the quality of work delivered are up-to-standard and ensure compliance with global template, procedure and quality requirements by Accurate, timely and reliable testing of Legal controls.Understand and document the remit, process composition and team handovers of relevant controls by ensuring a consistent approach to testing activities across all LoBs / Legal themes, in accordance with standardised procedures.Identify key emerging trends and themes in relation to Legal risks to inform the assessment plan and the continuous development of GLA methodology and procedures by meeting agreed deadlines and targets; supporting the production of high quality management information (MI) covering GLA activities; utilising appropriate automation and analytics tools when testing assigned controls.Work closely with first line operations teams to understand the processes of assigned controls by effective stakeholder management, ensuring constructive assessment outcomes.Build strong relationships with all internal stakeholders, adopting a joined-up approach to the execution of tasks with minimum conflict, while ensuring the independence of GLA by Facilitating regular meetings with stakeholders and GLA senior management.Ensure that executive and senior management in GLA are advised of matters arising, and emerging trends, from assurance reviews and analysis.Provide stakeholders with insight into GLA activities, where required.Work as part of a team, able to collaborate to accomplish common goals.Perform assigned control assessments, taking responsibility for their successful delivery.Operate to a high standard, in alignment with HSBC Values, leading by personal behaviour and through your interaction with others.Embrace the high performance culture through proactive engagement and collaboration.Communicate effectively across GLA and Legal Function, delivering testing results and raising issues as appropriate.Able to work independently with minimal supervision.Provide support in developing GLA procedures and templates, ensuring high operating standards within the division.Provide support on any ad-hoc projects and assessments as requested by the Assurance Lead.Drive high operational standards within the team and avoid high risk findings from Internal Audit or other internal / external Assurance teams.Be innovative in executing all responsibilities and providing solutions to complex issues in a dynamic, high-risk environment.Be aware of the operational risk, primarily through identification and management of Legal risk associated with business activities.The role holder will also be required to continually reassess the operational risks associated with the division, taking into account changing economic or market conditions, legal and regulatory requirements, operating procedures and practices, management restructurings, and the impact of new technology.The role holder is responsible for ensuring that assigned control assessments are performed in accordance with GLA standards.Maintains HSBC internal control standards, including timely implementation of internal and external audit actions together with any issues raised by external regulators.To assist in the discharge of accountabilities set out in the Legal FIMs by proactively assisting Head of GLA and on need basis the Legal Risk Stewards in their responsibilities.
Qualifications
Minimum of 5 years proven experience in testing, audit and/or legal management experience.Working knowledge of Legal Risk Management and/or the aptitude to develop this understanding in good time, and knowledge of relevant laws and regulations.Minimum Bachelor’s degree in related field such as science, law or commerce. (preference to intermediate CA /ICWA/CS)Proven ability to multi-task and working independently under pressure to tight deadlines in a challenging and fluid environment.Experience of process mapping and delivering professional reports and presentations gained within a financial services organisation or audit/consulting practice.Awareness of good risk management and governance frameworks including 3 lines of defence criteria.Understanding of the activities of relevant business lines and associated Legal risks.Strong interpersonal skills with the ability to communicate effectively and to engage with HSBC staff at various level of seniority.Ability to foster relationships whilst providing adequate challenge and effecting change.Experience utilising assurance automation and analytics tools preferred.Fluent in both oral and written English.Proficient with skills like microsoft office, excel, powerpoint presentations etc.
You’ll achieve more at HSBC
HSBC is an equal opportunity employer committed to building a culture where all employees are valued, respected and opinions count. We take pride in providing a workplace that fosters continuous professional development, flexible working and, opportunities to grow within an inclusive and diverse environment. We encourage applications from all suitably qualified persons irrespective of, but not limited to, their gender or genetic information, sexual orientation, ethnicity, religion, social status, medical care leave requirements, political affiliation, people with disabilities, color, national origin, veteran status, etc., We consider all applications based on merit and suitability to the role.”Personal data held by the Bank relating to employment applications will be used in accordance with our Privacy Statement, which is available on our website.

How to Apply-

https://hsbc.taleo.net/careersection/external/jobdetail.ftl?lang=en_GB&src=JB-259826&job=0000FFLV

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-Report by RIDDHI DUBEY

Kerala High Court on Monday granted an order to terminate the pregnancy of a mentally disabled woman from Bihar as it believed that she was not in the state of mind to take such a big decision.

FACTS

In the present case, a woman was found roaming the street and was not in good mental condition. So she was first taken to a Police Station nearby then police took her to Mental Health Centre. At the Mental Health Centre, it was found that the woman is pregnant and is also mentally unstable. Police were not able to find her for her family or relative and it was also found that she was raped. So the Health Centre filed a petition asking the court to grant permission to terminate her pregnancy as she is not in the proper state of mind to conceive a child. A report from the medical board stated that the woman is suffering from mental retardation with psychosis due to which she is consuming multiple antipsychotic medications. As a result of the medication, there is a high risk for the woman and child.

JUDGEMENT

Kerala High Court took up the matter on 16th June and ordered the Permanent Medical Board to submit a report on whether the termination of pregnancy won’t put the life of the woman in danger and to determine whether she is capable of communicating or giving her consent. The report stated that terminating her pregnancy will not be endangering for her and her not in a position to give her consent in the matter. On Monday after going through the report High Court bench Justice P. B Suresh Kumar applied the doctrine of ‘parens patriae’ and permitted terminating her pregnancy stating that the decision is taken in her best interest as the continuation of the pregnancy may affect her mental health even more.

KEY HIGHLIGHTS

The Judgment was given against Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971 but the relative family members of the relatives are Victims was not able to trace and the woman was not in the condition of giving her consent so Justice P. B Suresh Kumar passed an order by applying the doctrine of ‘parens patriae’ as it was its best interest of the Victim.

What is the Doctrine of “parens patriae”?

Parens Patriae in Latin means “parent of the nation”. In law, it refers to the power given to the state to step in, in case of an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child or individual who requires protection.

As per which Act the petition for termination of pregnancy filed by the court?

According to Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971 the petition for the termination of pregnancy was filed.

What does Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971 state?

As per Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971 no pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is mentally ill, shall be terminated except with the consent in writing of her guardian.