Indian Budget 2014: Crucial, Hopeful, Industrial

Indian Prime Minister Narendra Modi’s first budget may need to focus on the industrial side of the country. Economists are seeing that industrial manufacturing for export goods and infrastructure improvement are the key factors that would help India rise up using the proposed budget.

Economists said that 15% of India’s GDP comes from manufacturing. However, the slow economic recovery is further inflamed with the rising cost of living, given that India continuously imports more than it exports. The trade gap had lowered the country’s currency value.

The new budget is expected to aid route development that will accelerate the growth of large-scale manufacturing, and making lax the foreign investment rules for Indian firms. The limit of ownership is restricting the entry of other foreign companies and investors, given that 26% is the only stake given for foreign investors.

Route development is also part of the infrastructure development that economists expect to see in the budget. Indian roads are still problematic and daily electricity interruptions make business difficult for local and foreign businesses. Modernising India will need trillions of pounds, but investor confidence could rise with this improvement.

Modi is also expected to straighten out the tax issues in the country, which had driven away many foreign investors. The new government said that it would respect existing tax laws, but it would definitely work on improving the tax laws for businesses. Many businesses complain that the taxes disallow them to optimise their operating costs due to heavy restrictions and red tape.

Source

Russia Agrees to India’s Nuclear Liability Law

India has paved the way to sign a contract for the Kudankulam Nuclear Power Plant’s Unit 3 and 4 on July. Russian officials had agreed “in principle” with the Indian government. Deputy Director General on Development and International Business of Rosatom State Corporation Kirill Komarov, said that the law had its difficult issues, but the two parties have resolved the differences, thus paving the way for India’s two reactors.

Indian and Russian officials have signed a General Framework Agreement for the two units. The agreement, which had crossed the hurdles of the Civil Liability Nuclear Damage Act 2010, faced some trouble with Moscow, who raised objection over some clauses of the CLND for Unit 3 and 4.

According to Rosatom Director General S. Kirienko, the approval of the agreement will take some time. India’s Atomic Energy Regulatory Board will need to give its approval, which it has not yet provided.

The Kudankulam Nuclear Power Plant has two units. Unit one provides 1000MW of power at 100%, while the second unit will start generating its power later this year.

Source

The Indian Department of Atomic Energy had asked the Ministry of France to form a Nuclear Insurance Pool in case of any problems regarding the operation of the new power plants.

Novartis and Nexavar Case Should Not Be Basis to Call Indian Patent Laws as Weak

According to a Madras High Court Judge, Novartis and Nexavar’s failure to register a drug as an invention in India is not an indicator that its patent laws are weak. Many legal observers have pointed out that India’s IP laws are weak, but Judge Prabha Sridevan said that Novartis and Nexavar’s Compulsory License case had the Indian IP laws not hinder the access to drugs, nor did it restrict the presence of evidences supporting the new drug to be an invention.

Judge Sridevan had cited a few clauses from the Madras High Court hearing of the Novartis case. He said that that the Supreme Court decided that Novartis’ efforts had failed in the 3(d) test.

The test focuses on patentatbility and Novartis’ Imatinib Mesylate had possessed a free base form rather than having any enhanced traits or efficacy from the new substance. Sridevan pointed out that there was no innovation or anything “new” added to the substance, which had it fail the patenting.

Sridevan pointed out that minor tweaking of substances cannot be counted as innovation. He said that Indian law indicates that new forms of known substances which do not have enhanced efficacy are “advances without real innovation”, which invalidates it from being a genuine invention.

Source

Mulayam Singh Yadav Says “Boys Commit Mistakes” in Rape Law Change

According to Samjawadi Party Leader Mulayam Singh Yadav “boys are boys, they make mistakes.” He called on the Indian government to issue a change in anti-rape laws that can consider hanging exempted from the severity of punishments.

Yadav cited in an election rally a case of three men found guilty of gang-rape in the Shakti Mills in Mumbai in 2013. He said that the law could be misused by individuals. He also called for false rape reports to be given punishment.

He cited that relationships between males and females could make use of the law to punish males by accusing them of rape for their own benefit.

India is condemned by many human rights and female rights organisations because of its failure to implement anti-rape laws in its local governments. Annually, around 655,000 rape cases are reported in the country. Some go unreported as victims claim the police officers themselves commit rape upon rape victims.

The 2012 Delhi gang rape case, which had a young woman raped by six men with her sexual organ mutilated, became widely controversial. The failure of the government to implement its laws protecting women had it deal with protests.

It is estimated that a new case of rape is reported every 22 minutes in the country.

Source

India Needs a Centralized Legal Citation System

Thirty-two law schools in India and lawyers from the Standard Indian Legal Citation or SILC had called upon India’s legal professionals to help in developing a centralized legal citation system. According to Nalser Hyderabad 2013 Graduate Rohit Pothukuchi, India lacks a single uniform citation system. He mentioned the differences and even absences in methodology and citation systems in some Indian law universities.

In an interview, Pothukuchi explained that India cannot follow a foreign citation system because some of the codes for Indian legal sources do not exist from foreign citation systems. Foreign citation systems could also be very expensive. Pothukuchi said that some of the components of Indian sources are very specific only for the country itself.

India’s new citation system, according to the SILC, will do away with the usage of some Latin signs and symbols from foreign systems and it will only use universal symbols.

Lawyers in its group and 32 law schools who will provide their own representatives will develop the new system, which will be called the SILC Citation System. The system will be made available at this website. The group welcomes feedback from all students and professionals who will decide to use the SILC system to allow further improvements.

Source

 

America Slammed for Pressuring India’s IP Laws

The intergovernmental organization South Center, composed of different developing countries, had lashed out against America and developed countries for pressuring India over its IP laws. The organization also said that it violates the legitimacy of the World Trade Organization.

According to the South Center, the Indian IP laws ensure that the rights of people will not hinder the government’s ability to adopt measures to promote development priorities in the area of Public Health. They said that the developments was inappropriate because it is clearly against the spirit of the Landmark Ministerial Declaration on the TRIPS Agreement and public health.

The pressure of developed countries will limit the use of the flexibilities in the TRIPS Agreement, which would limit the advancement of public health and other development needs for the country. According to them, it made the entire trade sanctions of the United States to developing countries as one sided.

The South Center said that the new sanctions will disrupt the balance of the multilateral dispute resolution and will not provide equal protection for the powerful and less powerful countries in the world.

They said that it is regrettable that India and other developing countries are designated as priority foreign country, which would limit its capabilities for expansion.

Source

The Helpfulness of Claims Management Companies

Claims management companies are allowed to text and call possible clients who may wish or need to make a claim regarding injury compensation or mis sold financial products. We have all found this annoying because they are uncalled for, but there is one incident that I found this text message as a form of salvation.

My wife encountered a serious injury in her office work. Out of her tiredness working overtime in the office alone, she stumbled and hit her head on the floor. Upon hearing this from the building security, we had her rushed to the hospital.

Her insurance can pay for her medical bills, but the biggest trouble was that she will need to stay hospitalized for at least 2 months until she fully recovers. I approached my wife’s employers through a correspondence asking them for compensation for loss of wages. However, they said that they could only provide the insurance, and during her time, the insurances employees had did not have a loss of wages provision.

So I contacted a NoWinNoFeeAdviceLine.co.uk claims expert to help me sort the existing issue with the employers. She said that if my wife passed out in the office because she needed to fulfil a direct order from her supervisor, then we have legitimate grounds for loss of wages.

Her supervisor, which was also a family friend, confirmed it was under his orders my wife had to stay late. He was ordered by the division head. The head turn confirmed that my wife needed to finish her task earlier than an imposed deadline deadline.

We won at least £8000 in lost wages within her 2 months stay in the hospital. She is all but well now and I am satisfied with the help of claims management companies.

Social Media as Mass Media in India: Yay or Nay

According to his article, Facebook India Chief Kirthiga Reddy wants India to look at social media as “mass media.” We define mass media as television, print and radio. As the internet’s implementation widened throughout the world, including India, she might just be right. However, there will be some implications when social media becomes mass media in India.

The first problem that Reddy’s plan would have is that even if India is second to the US User base, it is still not as large as its consumption in South East Asia. This means that only a fourth or even a third of the entire Indian population can access the internet service. Those in rural areas could use mobile services, but there are not enough users in the rural areas to make social media the new form of mass media, unlike in other countries.

Reddy is focusing on having 100 million users to India’s network to implement her plans for its monetization and this can definitely succeed given that a huge chunk of India’s working population are working in business processing and outsourcing, which means they are computer literate and educated. But it may not ensure a very large population of such people.

But, it is a ‘yay’ for me if Reddy’s plans work. Social media is a powerful tool. While cultural opposition to it might exist, it guarantees that even small businesses in this country could raise itself with good marketing and branding without so much expenses and just maximum effectivity.

Indian Brick Kiln Workers Treated Like Slaves

In Andra Pradesh, Hyderabad, the mistreatment of brick kiln workers who work in hazardous conditions without proper equipment and compensation had taken the attention of journalists and labour activists in the country.

Outside Hyderabad, entire families work in furnaces and brick kilns. Every day they strain to carry hods to deliver freshly-molded bricks to the furnace as women and children break apart pieces of coal with a hammer using only their bare hands. Children barely five years old assist in breaking apart the coal.

According to Prayas Labour Activist Aeshalla Krishna, all of the brick kiln and furnace employers are violating human rights laws. Without a proper working environment, equipment and compensation, the employers are violating the Indian Minimum Wage Act of 1948, the Bonded Labour Act of 1976 and the Interstate Migrant Workers Act of 1979.

Evident in the kilns were child labour and physical abuse. Women workers also report sexual harassment from co-workers. Krishna said that every single day all the workers in the kilns suffer the same routine.

The bricks are sold to create Indian infrastructures in capitals, such as offices, factories and all structures that create India’s business landscape and attraction for multinational investors.

Included in the 12-18 hour shifts in the brick kiln are pregnant women. Children scatter everywhere in the brick kilns, which have no safety equipment. Reports of withheld wages and semi-epidemic illnesses Krishna and his group frequently hear.

According to the Office of Economic Cooperation and Development (OECD)’s legal adviser Tyler Gillard, the situation was a “real game changer” because any human rights abuse is a serious issue. Krishna said that the situation in the kilns have gone on for decades without any authority or official body concerned with assessing the situation.

Source

Indian Firms Take Little Note of Sexual Harassment

With several high-profile sexual harassment cases as basis,Some firms are taking little notice of sexual harassment cases against women in India. Some firms are raising awareness, but they are failing to impellent to law in the country.

Common cases in India include explicit jokes, suggestive messages and rude stares from males in the workplace. According to legal professionals, this can affect work performance. Some women said that a simple courteous gesture could be interpreted differently by male colleauges.

The arrest of a news magazine editor after a female colleague accused the editor of sexual harassment, the allegations of a law school graduate in a blog that she was sexually harassed by a retired Judge during her Intern, and the still-heavy memory of India regarding the fatal gang rape of a Delhi student are all high profile cases. These cases continue to raise the awareness of many about the situation of women in the country.

According to some Indian companies, they are pro-actively pushing for anti-harassment measures in their workplace as more women are joining the Indian workforce. Some companies said that they are introducing “zero-tolerance” policies on sexual harassment.

Some Indian companies are using a mandatory gender-sensitization program to allow males to join their companies. Personal space is an issue for some women and the program is designed to educate Indian male employees about such details.