Understanding the Changing Dynamics and Overhaul of Corporate Governance in India

Corporate governance refers to the accountability of the Board of Directors to all stakeholders of the corporation i.e. shareholders, employees, suppliers, customers and society in general; towards giving the corporation a fair, efficient and transparent administration. The need for corporate governance has arisen because of the increasing concern about the non-compliance of standards of financial reporting and accountability by boards of directors and management of corporate inflicting heavy losses on investors. Most listed companies and large corporate groups in India were born as family-owned businesses, with family members occupying managerial positions and making all the key business decisions. This also meant very little distinction between the company’s finances and that of the family owners. With the evolution of the equity markets though, many of these family-owned businesses listed themselves on the exchanges. Today, India’s corporate governance framework requires listed companies to have independent directors manning one-third of their Board, disclose all related party deals, disclose comparative metrics on managerial pay, appoint audit and nomination committees, and require the CEO and CFO to sign off on the governance norms being met in the financial statements. Minority shareholders with 10 per cent voting rights also have the right to drag companies to Court for ‘oppression and mismanagement’. By this paper, the authors intend to examine the concept of corporate governance in India with regard to the provisions of corporate governance under companies act, 2013. The paper will highlight the importance and need of corporate governance in India and Loopholes in the auditing process in the wake of the aftermath of the Satyam Fiasco. We will also discuss Implications of the satyam scam on Corporate Governance in India with important case laws.

Book Review of the Novel – “Riot A Novel”

A novel based on a riot in India which happened in 1989- about love-hate, religious fanaticism, cultural collision and ownership of history.
The questions that bounces in the mind of the readers are like why would someone want to murder such an idealistic, highly motivated American student who came to India for a noble cause of volunteering in womens health program ? Was it a xenophobic attack by the mob ? Was it a revenge by the locals on the district magistrate, Lakshman? Was that illegitimate affair had spun out of her control? Or was she one of the many innocent victims of a riot in that particular fateful year of 1989 between the two religions i.e hindus and muslims ?
The acclaimed author of best selling novels including The Great Indian Novel, The era of darkness, Why i am a Hindu? and many others, Tharoor has been a favourite of Indian readers throughout the decade. Masterfully experimenting with the narrative form he has chronicled the death mystery of Priscilla Hart through a dozen or more contradictory characters. The novel point out the issues which need to be addressed more seriously than they are right now. It touches upon the issues which are sensitive to both Hindu and Muslim communities and he also balances the viewpoints tactfully and is clever not to write in a manner as if he is taking side of one religion.

Terrorism in Media Land

it is, is a communication which has the power of persuasiveness. Terrorism is wide spread and is used a mechanism for the rebels to threaten the security of the opposition, to this concerning issue media also aids in different forms such as social media. The followers are able to read and understand the motive and propaganda of the terrorists through any posts or a blog in social media: training and recruitment occurs mainly through the communication that media grants. The study and the objective of this project is to understand how to reduce the impact of terrorism through social media, whether it would violate the Freedom of speech under Art.19(1) of Constitution of India, Whether other Countries like US, UK and Europe have opted for a policy or a procedure to curtail the communication of terrorism through social media. The purpose of this paper is to emphasize that media also contributes to the fear, risk and uncertain future of the peers of social media and is influential to the non-users. This article would be a doctrinal based research. There are various methodologies used in this article including Content Analysis Method with secondary data collection from books and articles. The methodology that is being adopted in the said project is purely doctrinal in nature. The research is completely relying on primary resources such as statutes and also secondary resources such as notices, commentaries and various books of eminent authors have been referred and cited. The said research paper also has a high reliance on the study articles and other works of eminent universities/colleges and also websites have also been referred.
Keywords: Terrorism, Speech, Persuasive, Media, Aid.

Is Public Breastfeeding an Obscene Act

Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures, and there are major disagreements as to what is or isn’t obscene and what role the government should play in enforcing social or cultural morals. The best diet for infants and toddler is the best milk it is highly recommended by the paediatrician to exclusively breastfeed infants at least or 6 months. With regards to breastfeeding a baby, a mother has to face the situation aboutthe places where to fed a child whether it is indoor or outdoor. Cultural, legal, social, and religious plays a very important role in creating a safe and comfortable environment for a mother to breastfeed in public. The acceptance for breastfeeding in public is not always the same.It can be stated as the cruel truth that breastfeeding in public places may imply that breastfeeding is unnatural, undesirable or even illegal due to the controversy arising out of it. Breastfeeding in public as an obscene act has been a dreadful misconception in all over the world. The research paper has been written with to analyze the explicit meaning of obscene and indecency on the subject matter of Breastfeeding in Public. The research is purely based on secondary source like journals, book, legislation, articles,etc.
The conflict between the concept of breast milk being pure (like tears), and contaminated or “dirty” (like genital secretions or vomit) is raising in many cultures at present. In these settings, the female breast might be considered fundamentally a sexual organ, and in this manner a private part of the body, which should be undetectable in general society field. Theinconvenience with breastfeeding in broad daylight brings down breastfeeding rates, which thus adversely influences ladies’ and youngsters’ short-and long-haul health.
Keyword: Obscenity, Breastfeeding, Public, Indecency, Obscene Act

Scraping Article 370 Out of Constitution of India

On August 05, Article 370 was revoked through a presidential order.Union Home Minister Amit Shah has announced the scrapping of Article 370 of the Constitution, which provides a special status to the state of Jammu and Kashmir.
The bill was introduced in the Rajya Sabha (Upper House) to convert two separate union territories, namely Jammu and Kashmir, and Ladakh. The union territory of Jammu and Kashmir is proposed to have a legislature under the bill whereas the union territory of Ladakh is proposed to not have one. By the end, the bill was passed in both the houses of parliament, Rajya Sabha (upper house) with 125 votes in its favor and 61 against. Next day it was passed by Lok Sabha (lower house) with 370 votes in its favor and 70 against it.
Though the former Prime Minister Manmohan Singh said that the outcome of revoking Article 370 from Jammu and Kashmir is not to the liking of many people of our country. “Its outcome is not to the liking of many people of our county and it’s important that voices of all these people be heard and it is only by raising our voice that we can ensure that in the long run, the idea of India prevails.
Keywords:- Revocation, Article 370 & 35 A, Jammu Kashmir, Autonomy.

The Emergence of Sports Law

There is a quest for the development of sports law in our country. It is mainly created by a combination of various rules and policy decisions which is purely governed by the government of India. Some of the Indian sports enactments have been borrowed from the respective laws of other countries. The emergence of BCCI has put forwarded a staggering development in the field of sports in India. It is a massive society which governs the sport of cricket and it is a non-statutory body which do not enjoy any kind of financial assistance from the government. It acts as a private club and as such issuance of a writ against it would be completely beyond the scope of Article 226 of the Constitution of India. The emergence of men’s hockey federation also played prominent role in the development of the hockey in India. In order to protect the sanctity of the sports there was a need for the commencement of the national dope testing laboratory. The emanation of various federations like Sports Authority of India, Indian Olympic Corporation etc. have led to the dire need of revenue resources to erect basic organizational structure of various national sports teams. The remuneration guaranteed to the athletes are based solely on the competition law and various federations are striving to get monopoly rights to legitimize its own rules and regulations. The sports law and the welfare association of India is a dispute resolution body fabricated to untangle the problems arising in the sports sector. With the ratification of Prasar Bharati Act the main objective was to provide a free to air basis, of sporting events of national importance through mandatory sharing of sports broadcasting signals. Sexual harassment in the sports sector has turned out to be a cardinal issue in the present scenario. Various legislations has to be promulgated to ensure safe environment for the athlete.