Meaning of Security

A simple definition of a security is any proof of owner ship or debit that has been

assigned a value and may be sold. (Today, evidence of ownership is likely to be a

computer file, while once it was a written piece of paper.) For the holder, a security

represents an investment as an owner, creditor or rights to ownership and which the

person hopes to gain profit. Examples are stocks, bonds and options.

The securities and Exchange Act of 1934    

             

 provides the more complicated definitions.

The term, security means any note, stock treasury stock, bond debenture certificate of

interest or participation in any profit sharing agreement or in any oil, gas or other

mineral royalty or lease any collateral trust certificate, certificate of deposit ,for a

security any put, call straddle option or privilege all any security, certificate of deposit or

group or index of securities.

Labour Courts (Sec-7):

_{(1)             The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matters specified in the Second Schedule and for performing such other functions as the case may be assigned to them under this Act.}

_{(2)             A labour Court shall consist of one person only to be appointed by the appropriate Government.}

_{(3)             A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless -}

_{·        He is, or has been, a Judge of a High Court: or}

_{·        He has, for a period of not less than three years, been a District Judge or an Additional District Judge; or}

_{·        [omitted by Act 46 of 1982 S. 3]}

_{·        He has held any judicial office in India for not less than seven years; or}

_{·        He has been the Presiding Officer of a labour Court constituted under any Provincial Act or State Act for not less than five years.}

_{(1)             The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matters specified in the Second Schedule and for performing such other functions as the case may be assigned to them under this Act.}

_{(2)             A labour Court shall consist of one person only to be appointed by the appropriate Government.}

_{(3)             A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless -}

_{·        He is, or has been, a Judge of a High Court: or}

_{·        He has, for a period of not less than three years, been a District Judge or an Additional District Judge; or}

_{·        [omitted by Act 46 of 1982 S. 3]}

_{·        He has held any judicial office in India for not less than seven years; or}

_{·        He has been the Presiding Officer of a labour Court constituted under any Provincial Act or State Act for not less than five years.}

Court of Inquiry (Sec-6):

_{(1)             The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.}

_{(2)             A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the Chairman.}

_{(3)             A Court, having the prescribed quorum, may act, notwithstanding the absence of the chairman or any of its members of any vacancy in its number :}

_{Provided that, if the appropriate Government notifies the Court that the service of the Chairman has ceased to be available, the Court shall not act until a new Chairman has been appointed.}

Features of the Act

_{·        Any industrial dispute may be referred to an industrial tribunal by mutual consent of parties to dispute or by the State Government, if it deems expedient to do so.}

_{·        An award shall be binding on both the parties to the dispute for the operated period, not exceeding one year;}

_{·        Strike and lockouts are prohibited during: The pendency of conciliation and adjudication proceedings. The pendency of settlements reached in the course of conciliation proceedings; and The pendency of awards of Industrial Tribunal declared binding by the appropriate government.}

_{·        In public interest or emergency, the appropriate Government has power to declare the transport (other than railways), coal, cotton textiles, food stuffs and iron and steel industries to be public utility services for the purpose of the Act, for a maximum period of six months.}

_{·        In case of lay-off or retrenchment of workmen, the employer is directed to pay compensation to them. This provision stands in the case of transfer or closure of an undertaking also.}

_{·        A number of authorities (Works Committees, Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labour Courts, Tribunal and National Tribunal) are provided for settlement of Industrial disputes. Although the nature of powers, functions and duties of these authorities differ from each other, even then everyone plays important role in ensuring industrial peace.}

 

Features of the Act

_{·        Any industrial dispute may be referred to an industrial tribunal by mutual consent of parties to dispute or by the State Government, if it deems expedient to do so.}

_{·        An award shall be binding on both the parties to the dispute for the operated period, not exceeding one year;}

_{·        Strike and lockouts are prohibited during: The pendency of conciliation and adjudication proceedings. The pendency of settlements reached in the course of conciliation proceedings; and The pendency of awards of Industrial Tribunal declared binding by the appropriate government.}

_{·        In public interest or emergency, the appropriate Government has power to declare the transport (other than railways), coal, cotton textiles, food stuffs and iron and steel industries to be public utility services for the purpose of the Act, for a maximum period of six months.}

_{·        In case of lay-off or retrenchment of workmen, the employer is directed to pay compensation to them. This provision stands in the case of transfer or closure of an undertaking also.}

_{·        A number of authorities (Works Committees, Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labour Courts, Tribunal and National Tribunal) are provided for settlement of Industrial disputes. Although the nature of powers, functions and duties of these authorities differ from each other, even then everyone plays important role in ensuring industrial peace.}

 

Lack of Understanding of Nature's Laws

Success is a matter of laws and these are the laws of nature. Change is nature's law. We are either moving forward or we are going backward. We are either creating or disintegrating. There is no status quo.

 

A seed, if it is not planted in the earth to create, disintegrates. Change is inevitable. It is going to happen whether we like it or not. All progress is change but all change is not progress. We must evaluate change and accept it only if it makes sense. Acceptance without evaluation amounts to conforming behavior, a sign of lack of confidence and of low self-esteem.

There is a lot to be said about tradition. Growth for the sake of growth is the philosophy of a cancerous cell. It is negativity spreading all over. That is not growth, that is destruction. Growth, in order to be meaningful, must be positive.

Success is not a matter of luck, but of laws.

 

Law of Cause and Effect

 

In order to succeed, we need to understand the law of cause and effect and the relationship between actions and results.

For every effect, there is a cause. The law of cause and effect is the same as the law of sowing and reaping. The law of sowing and reaping says five things:

 

• We must have the desire to sow. Desire is the starting point.
   

What we sow, so shall we reap. If we sow potatoes, we are only going to reap potatoes, not tomatoes.

MEANING OF HUMAN RIGHTS

Human Rights may be defined, as those minimal rights which every individual

must have against the state or other public authority by virtue of his being a

‘member of the human family’, irrespective of any other consideration. Bennett

says,3 “Human Rights include those areas of individual or group freedom that are

immune from governmental interference or that, because of their basic contribution

to human dignity or welfare, are subject to governmental guarantee, protections or

promotion.”

Human beings are rational beings. They by virtue of their being human possess

certain basic and inalienable rights which are commonly known as Human Rights.

Since these rights belong to them because of their very existence, they become

operative with their birth. Human Rights, beings the birth rights, are, therefore,

inherent in all the individuals irrespective of their caste, creed, religion, sex and

nationality.

These rights are essential for all the individuals as they are consonant with their

freedom and dignity and are conducive to physical, moral, social and spiritual

welfare. They are also necessary as they provide suitable conditions for the

material and moral uplift of the people. Because of their immense significance to

human beings, Human Rights are also sometimes referred to as fundamental rights,

basic rights, inherent rights, natural rights and birth rights. Human Rights are a

generic term and it embraces civil rights, civil liberties and social, economic and

cultural rights. However, it can be said that the rights that all people have by virtue

of being human are Human Rights. These are the rights which no one can be

deprived without a grave affront to justice.4

The Human Rights resemble to natural rights because they have not been created

by any legislative enactment. A civilized society or nation is bound to recognize

these inalienable rights. The legal obligation to protect them includes the legal

obligation to respect them. Members of the United Nations have committed

themselves to promote respect for and observance of Human Rights and

fundamental freedoms.5

International concern with Human Rights is not a modern idea but in fact, heir to

all the great historic movements for man’s freedom to the enduring elements in the

tradition of natural law and natural rights and in the most of the world’s great

religious and philosophies and the findings of contemporary science about

interrelations of simple respect for human dignity and other individual and

community values.6

Prof Louis Hen kin explained ‘Human Rights’ as …..Claims which every

individual has or should have, upon the society in which he or she lives.7

Human dignity is the essence of Human Rights. All those rights which are essential

for the protection and maintenance of dignity of individuals and create conditions

in which every human being can develop his personality to the fullest extent may

be termed as Human Rights.8 However, dignity cannot be defined exactly, but it

accords with justice and good society. In 1993 a world conference on Human

Rights was held it was stated in its declaration that all Human Rights derive from

the dignity and worth inherent in the human person and that the human person is at

the centre of Human Rights and fundamental freedoms. Gavison is of the view that

Human Rights are rights that belong to every person and do not depend on the

specifics of the individual or the relationship between the right-holder and the right

grantor. Moreover, Human Rights exist irrespective of the question whether they

are granted or recognized by the legal and social system within which we live.9

Thus, Human Rights are those rights which belong to an individual as a result of

being human being; Human Rights are those rights which belong to human as a

means to maintain the human dignity and honor. These are the rights which all men

everywhere at all times ought to have, something of which no one may be deprived

without a grave affront to justice. Section 2(a) of the protection of Human Rights

Act, 1993 says ‘Human Rights’ means the rights relating to life, liberty, equality

and dignity of the individual guaranteed by the constitution or embodied in the

International Covenants and enforced by courts in India.

A close scouting of the various definition shows that the Human Rights are

universal in nature, belong to all human beings at all times and at all places. They

do not depend on status of a person or gender or race. They neither differ with

history nor with the geography. It is the duty of the state to recognize, protect and

implement them

INTRODUCTION OF HUMAN RIGHTS

Throughout the history, every society has sought to define the concept of human

dignity, in the sense of seeking to ascertain the qualities and inherent value, if any,

of each person and his relation to society. These questions have been answered in

various ways, whether on the basis of the social obligations and duties owed by

individuals, in terms of social hierarchy based on birth or sex, through submission

to the will or royal or divine force or on the basis of the over-riding importance

attached to the maintenance of social harmony. Invariably, the ethical, religious or

political bases by which each society has premised its answers to these questions

have been reflected to a large extent, in values and systems by which that society has in turn been governed.

It is in this context that the concept of Human Rights a concept which tends to

emphasize the worth of the individual and to recognize his or her rights as against

their society arises. As generally used today, the term Human Rights covers the

series of often disparate rights and freedoms asserted by many to be universally

accepted and essential prerequisites for people’s enjoyment of life based on the

centrality of human dignity. Proponents of Human Rights regard them as being

inherent, inalienable and universal, inherent in the sense that they are the birth

rights of all human beings and people enjoy them simply by virtue of their human

existence and as such, they do-not have to be granted to them by any superior or

sovereign authority, inalienable in the sense that people cannot agree to give them

up or have them taken away from them; and universal in the sense that they do not

just apply to individuals as citizens or groups but to all persons regardless of their

group identities.1

The concept of Human Rights is as old as the human race. These rights have their

roots in antiquity. The roots for the protection of the Human Rights may be traced

as far as back as in the Babylonian laws, Assyrian laws and in the Dharma of the

Vedic period in India. Writings of Plato and other Greek and Roman philosophers

also depict for the protection of Human Rights though they had a religious

foundation. The laity state of Greece have equal freedom of speech, equality before

law, right to vote, right to be elected to public office, right to trade and of access to

justice to their citizens. Similar rights were secured to the Roman by the Jus civil

of Roman law.

Human Rights and Sustainable environment

Environmental Rights revolve largely around the idea of a right to a liveable environment both for the present and the future generations. Environmental human rights can be derived from other human rights, usually - the right to life, the right to health, the right to private family life and the right to property etc. Environmental issues, especially climate change has created conflicts between different

human rights. Human rights ultimately require a working ecosystem and healthy environment.

Human Rights and Action and Participation

The Universal Declaration of Human Rights links rights with responsibilities. It is the responsibility of every individual to promote respect for human rights and "to secure their universal recognition and observance." All human beings "should act towards one another in a spirit of brotherhood". Everyone has duties to the community in which alone the free and full development of his personality is possible." These concepts from the Universal Declaration are important for sustainable human development.

Human Rights and Interdependence and Globalisation

Human rights abuses within state borders, even perpetrated by a government against its own people, are no longer matters solely within the purview of domestic affairs.

Past UN Secretary-General Annan said that a state’s legitimacy is tied to proper treatment of its citizens and an offending state can no longer hide behind a mantle of sovereignty alone. With increasing globalisation (e.g. Internet,media, satellite imagery), expanding international institutions (e.g. Amnesty International) and growth of civil society organisations has led to more people being aware of human rights abuses within countries. The promotion of human rights is relevant in the context of globalisation and its potential for excluding and marginalising weak members of the international community and people with limited resources. Human rights afford protection against such exclusion and marginalisation.

Human Rights and Sustainable Development

Sustainable human development expands choices for all people-women, men and children, current and future generations-while protecting the natural systems on which all life depends. Moving from a narrow, economy-centred approach to development, sustainable human development places people at the core Sustainable human development aims to eliminate poverty, promote human dignity and rights, and provide equitable opportunities for all through good governance, thereby promoting all human rights economic, social, cultural, civil and political. Human rights and sustainable human development are interdependent and mutually reinforcing. Development is unsustainable where the rule of law and equity do not exist; where ethnic, religious or sexual discrimination are rampant; where there are restrictions on free speech, free association and the media; or where large numbers of people live in abject and degrading poverty. Similarly, human rights are enhanced when gender equity or poverty reduction programmes empower people to become

The 1986 UN Declaration on the Right to Development states that development is a human right. A fundamental human freedom is the freedom from want. Poverty is a human rights violation, and freedom from poverty is an integral and inalienable human right.

Human Rights and Conflict Resolution

When responding to conflict, human rights advocates and conflict resolvers both seek to end violence and limit loss of life. In the long run, both try to assist societies to ensure the violence does not recur and the rights of every human being are respected.

The UN Charter, adopted in 1945, declares that the highest purposes of the organisation are ‘to save succeeding generations from the scourge of war…, to reaffirm faith in fundamental human rights…, to  establish conditions under which justice and espect for…international law can be maintained,…and to promote social progress and better standards of life in larger freedom.’

SOCIAL JUSTICE

Social justice and human rights ‘Social justice supports the fair and equitable treatment of all people and aims to protect them from discrimination because of race, gender, age and ability etc. The concepts of social justice are codified in the form of human rights, international commitments to protect civil and political rights, economic, social and cultural rights. Education about social justice and human rights allows students to understand the importance of treating people equitably and the responsibilities we all have to protect the rights of others’

Social justice and human rights

‘Social justice supports the fair and equitable treatment of all people and aims to protect them from discrimination because of race, gender,age and ability etc. The concepts of social justice are codified in the form of human rights, international commitments to protect civil and political rights, economic, social and cultural rights. Education about social justice and human rights allows students to understand the importance of treating people equitably and the responsibilities we all have to protect the rights of others’