S.L.A.P. [ SHSHANK LAW AWARENESS PROGRAM ]: 2014

YYes, Homoeopathic medicines can be safely taken with any other medication without any side effects or interactions. As homoeopathic medicine does not interfere with other therapies, drugs, herbs, vitamins etc. it is safe to use in while taking with other medications.

· How does a homeopath prescribe a particular remedy for a person?

Homeopaths take great care to understand people's symptoms, how they experience illness as well as their general state of being. By rule out the unique symptoms and do individualization according to the patient. The homeopath gains insight into the nature of their vital life force and is thus able to select an appropriate remedy to stimulate it to effect a curative reaction. In homoeopathy we treat the person, not a single disease.

· What type of conditions or diseases can be treated homeopathically? All acute and chronic cases are well treated by homoeopathy. Homeopathy is applicable to a broad range of maladies including acute inflammations, systemic imbalances, chronic degenerative diseases and mental/emotional disturbances. By its very nature, homeopathic treatment is not specific to a particular illness, but is directed at the underlying state of the person suffering from that illness.

· Can homeopathic remedies be taken along with conventional medications?

Yes. Many people who seek out homeopathic care are already taking conventional medication with the goal of reducing or eliminating the medication. With the proper remedy and treatment plan, this is often possible.

· Is it ok for children, pregnant women, elderly people or animals to take homeopathic remedies?

It is absolutely safe. Homeopathy is a wonderful, gentle healing modality appropriate for people of all ages and conditions. It also is extensively used to treat animals.

· Do homeopathic medicines produce any side effects?

Homoeopathic medicines are natural, mild in action and hence completely safe. They do not cause any side effects and are non addictive. This makes them safe for all age groups – babies, children, young people, elderly.

· What should I avoid while taking homoeopathic medicines like onion, garlic, clove, cardamom, Coffee etc?

This is just a myth. In fact, researches have shown that onion, garlic, tea, coffee or any other strong smelling substance do not have any effect on the efficacy of homeopathic medicine. Hence they can be taken safely with homoeopathic medicines.

· What happens during a homeopathic consultation?

Essentially homeopath will listen deeply to you - listening to understand many different aspects of your personality and state of health. Facts of disease, descriptions of pains, emotional reactions, dreams and physical sensations are all relevant, as well as how you move your body and how you react to stress. It is important to express yourself honestly. The better homeopath understands your nature, the easier it will be to find the best remedy for you.

· How frequently is it appropriate to have consultations?

It may differ according to the case. For the first 6 months to year it is best to see the homeopath every 4-6 weeks in most cases. However , this may differ in any particular instance.

· What is Constitutional Homeopathy?

Constitutional prescribing a system of prescribing remedies based on a deep understanding of the individual's basic energetic state. When this basic energy imbalance is corrected, any troublesome symptoms will fall away. Constitutional prescribing is a challenging discipline for which professional homeopaths train and study many years.

· How long does it take to see results?

The result of the medicine depends on whether the disease is acute or chronic. Treatment of acute diseases show result in very short time. For chronic cases, it depends upon the duration ,severity, complexity & suppression of the diseases. Moreover it depends upon the patient individuality and susceptibility.

· How long will the treatment take?

Treatment depends upon the type of disease whether it is acute or chronic. In case of acute disease the result of treatment is very quick e.g. fever, cold. But if the disease is chronic e.g. Eczema, asthma time taken is too long as these diseases are treated according to the severity, complexity, duration and suppression of the disease.

· Is homoeopathic medicines are slow to act?

It is a myth that homeopathic medicines are slow to act. The action of medicine depends upon whether the disease is acute or chronic. In acute diseases (i.e. disease of shorter duration or recent origin) homoeopathy acts faster than any other mode of treatment and produces very quick results, which is safe and not temporary.. However, most of the time the patients visiting the homoeopathic physician are suffering from chronic disease (disease of longer duration) who have been continually suppressed, over drugged or declared incurable by conventional systems of medicine. These cases take time to show response depending upon the severity, complexity and suppression of disease.

· Do i need any diet restriction while on homeopathic treatment?

The diet for every disease is recommended according to the sensitiveness of the patient towards the exogenic factors. There are very few diet restrictions depending upon the individual's sensitivity.

· Is homeopathy harmful during pregnancy or lactation ?

Homoeopathic medicine are very mild and given in minute doses, hence they are perfectly safe to take during pregnancy or lactation. In fact homoeopathic medicines boost up the immunity of the patient thereby allowing the patient to acquire resistance against diseases.

· Is homoeopathic pills are safe for diabetic patients?

Homoeopathic medicine can be safely taken by diabetics as they contain negligible amount of sugar which does not have any effect on the blood sugar levels. Moreover, homoeopathic medicine can be given in distilled water also.

· Do Homeopathic Medicines contain "Steroids"?

NO – homeopathic medicines DO NOT contain any steroids. This is the most disturbing misconception about the homeopathic system of medicine which is safe, effective and has alleviated the suffering of mankind for nearly 200 years. Many patients have voiced their concerns about homeopathic medicines containing "cortisone" (steroids) during a consultation. When they receive the first packet of homeopathic medicines in the form of pills and powders, their suspicions about the steroid content is triggered. If steroids were to be given to a patient why would a conscientious and diligent homeopath spend 3 to 4 hours in a meticulous painstaking case session with a patient?

· Scientific Testing

All homeopathic medicines contain a base of a small amount of lactose (milk sugar) which would give FALSE POSITIVE results when tested using the "Colorimetric method which uses tetrazolium blue salts". In this test, the reaction of tetrazolium blue salt gives a highly colored compound known as Farmazan. Under controlled conditions, the amount of Farmazan developed is proportional to the quantity of steroid or any reducing sugar present in the material being tested. Tetrazolium salts have been used for determination of reducing sugars since the past several years.

· So if any drug contains any lactose, it will impart a strong color with tetazolium blue salt which will give a false impression of the presence

if the alcohol used in this method is not completely free from aldehyde, it will interface with the characteristic color, which may again give a false positive reaction for a steroid. So this method is not advisable to determine the presence of steroids in the drug.

· Most homeopaths use lactose as a base. Together with the alcohol, this is likely to give a false positive test for steroids if this method is used.

Another method used to test steroids is Liberman Buchard test. Thin layer chromatography method and UV absorption method. Almost all steroids show UV absorption between 235 and 240 nm in dehydrated alcohol or methanol in a clear solution. If an ultraviolet spectrum of this solution is taken between 400 nm and 200 nm on a suitable spectrophotometer, any steroid present will show up as a maximum between 235nm and 240 nm. Absence of such a band means absence of steroid.

· When homeopathic remedies were tested for steroids using the UV absorption method, none of the samples showed maximum between 235 nm and 240 nm.

Thus it is clear that homeopathic medicines do not contain any steroids, and one must understand the testing procedures were used to eliminate the possibility of a misleading result.

· Steroids and Homeopathy

The most common Non Specific Test used for testing steroids is the calorimetric method and other tests based on colors development (UV Spectrophotometer). A salt named Tetrazolium; Blue is used commonly in such test. The reaction depends upon the reduction of tetrazoltum blue salt to give a highly colored compound known as Farmazan. Under controlled conditions, the amount of Farmazan developed is proportional to the quantity of steroid or any reducing sugar present in the material being tested.

When homeopathic remedies are tested for steroids using the UV absorption method, none of the samples show up as a maximum between 235nm and 240 nm.Thus it is clear that homeopathic medicines do not contain any steroids, and one must understand the testing procedures used to eliminate the possibility of a misleading result.

Source: http://drnavalkumar.com

Friday 5 December 2014

Supreme Court Changes ground rule under Section 138 of Negotiable Instruments Act to prosecute a person…

Supreme Court Changes ground rule under Section 138 of Negotiable Instruments Act to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Through this judgment, SC provides relief to the holders of bounced cheques under the provisions of the Negotiable Instruments Act

What is a Negotiable Instrument?

The word negotiable means ‘transferable by delivery’ and the word instrument means ‘a written document by which a right is created in favour of some person’. The transfer should be unrestricted and in good faith.
Therefore, a negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, with the payer named on the document. It is an indebtedness to pay an amount and the negotiable instrument is an unconditional guarantee for the same.

Some Examples of Negotiable instruments are Promissory notes, Cheques, Bills of Exchange, bearer bonds, bank notes etc.

The Indian law on Negotiable instruments is governed by the Negotiable Instruments Act of 1881.

About the Act

The Negotiable Instruments Act 1881 was passed in 1882 and was amended in 1989 and 2002, Before 1988 there was no provision to restrain the person issuing the Cheque without having sufficient funds in his account. The only remedy against a Dishonoured cheque was a civil liability accrued. In order to ensure promptitude and remedy against the defaulters of the Negotiable Instrument a criminal remedy of penalty was inserted in Negotiable Instruments Act, 1881 by amending it with Negotiable Instruments Act, 1988. The second noteworthy amendment was when the parliament enacted the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 which is intended to plug the loopholes. This amendment Act inserts five new sections from 143 to 147 touching various limbs of the parent Act. This act is applicable to the whole of India including the state of Jammu and Kashmir, which was brought under the purview of the act in 1956.

Objective

The objective of the act is to define the various negotiable instruments such a, promissory notes, bills of exchange, cheque etc. Also to prescribe the liability in case of a failure of the instrument to fulfil its debt due to the default on the part of the payer or to curb scrupulous practices adopted to escape liability in respect of negotiable instruments. However, Section 138 in regard to dishonour of cheque attracts criminal liability.

Law on Negotiable Instrument, Section 138

It is manifest that to constitute an offense under Section 138 of the Act; the following ingredients are required to be fulfilled.

1. a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account

2. the cheque should have been issued for the discharge, in whole or in part, of any debt or other liability;

3. that cheque has been presented to bank within a period of three months from the date on which it is drawn or within the period of its validity whichever is earlier;

4. that cheque is returned by the bank unpaid, either because of the amount of money standing to the credit of the account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with the bank;

5. the payee or the holder in due course of the cheque makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within 30 days of the receipt of information by him from the bank regarding the return of the cheque as unpaid;

6. the drawer of such cheque fails to make payment of the said amount of money to the payee or the holder in due course of the cheque within 15 days of the receipt of the said notice;

To put it in simpler terms the law stated that the person must owe some amount of money to another and draws a cheque in that regard to fulfil that liability, the cheque be drawn on an account in a bank by him. The cheque was then presented to the bank within 3 months of the date on which it is drawn. However due to insufficiency of funds the cheque is returned by the bank unpaid. The payee (the bank) makes a demand for payment of said amount which the person owed within 30 days of the information received by him (the person who owed the money) that the cheque was returned unpaid; and thereafter the person fails to pay the amount within 15 days of the notice by the bank.

Latest Law

By a landmark judgment, Dashrath Roopsingh Rathod vs. State of Maharashtra & Anr.

In this case, the Supreme Court has changed the basic criteria under Section 138 of Negotiable Instruments Act which is to prosecute a person who had presented the cheque which had been returned due to insufficiency of funds or if the amount exceeds the amount in the bank of the payer.

Earlier, a case under Section 138 could be initiated by the holder of the cheque at his place of business or residence. But, a bench of justices TS Thakur, Vikramjit Sen and C Nagappan ruled that the case has to be initiated at the place where the branch of the bank on which the cheque was drawn is located.

And the judgment would apply retrospectively. This means, lakhs of cases pending in various courts across the country would witness an interstate transfer of cheque bouncing cases.

The bench said: “In this analysis, we hold that the place, suits or venue of judicial inquiry and trial of the offence must logically be restricted to where the drawee bank is located.”

Example: Mr. X who resides in Chennai owes Rs. 1 Lakh to Mr. B who resides in Chandigarh; Mr. X issues a cheque in Delhi in favour of Mr. B. The cheque bounces in Ludhiana (place of bank where the cheque is given by Mr. B) for insufficiency of funds.

According to the earlier law Mr. X could have chosen any of the four places. But by the recent judgment the only place for institution of case would be Ludhiana, i.e. where the cheque has dishonoured at the payee bank which is located in Ludhiana in this example.

Reasons for passing the new law

The rationale behind this change is that the payers majority being businessmen and traders were using extending credit recklessly and due to the leniency in the provision of Section 138, it was being misused in regards to the place of institution, as sometime the payer had no concern with the place where the cheque was issued and to unnecessarily harass the payee cause hardship of place of institution of case according to their convenience. To curb this practice this judgment aims to get to the root of the issue and resolve it by a strict approach so as to discourage the payer from misusing or carelessly issuing cheques. The hardship of traveling to the location of drawee bank is now on the payer.

The change in the existing law shifts the inconvenience and hardship on the payer because now he would have to travel to the place of the drawee bank where the cheque gets dishonored due to insufficiency of funds. Hence, guaranteeing more precaution by the payer at the time of issuing the cheque.

Source: vakilno1

Monday 28 July 2014

World of Cyber Crime and Child Abuse.

Cyber space is a world of virtual reality and has become an integral part of our daily lives. It is a world in itself. It is a library of its own kind which can be accessed from anywhere and everywhere. It provides information on almost each and every subject. Information can be accessed by just clicking on the mouse. You can play games, read newspapers, watch movies, read books, chat with friends using social interworking sites, search jobs, search places and much more. It has made our life so easy. You can even buy things online without physically visiting the shop or a market. With the increasing use of advance technology, a new type of crime has emerged which is known as cyber crime.

Page Contents [hide]

· What is Cyber Crime?

· Cyber crime and child abuse

· Laws to combat cyber crime

· How to file a cyber crime complaint ?

· Precautions to be taken on social networking sites

· Tips for parents to prevent children from cyber abuse

What is Cyber Crime?

Cyber crime is a criminal activity done using computers and the Internet.

Earlier crimes were committed by the criminals when they were physically present at the place of occurrence but now the cyber criminals can commit crime from anywhere in the world. A large number of cyber crimes are committed these days which are described herein:

· posting of obscene photographs

· child pornography

· online theft of personal data

· sending fake e-mail messages to get personal information,

· misusing personal information

· Inciting religious feeling of hatred

· Online theft,

· fake financial transaction etc.

In a report published by the National Crime records Bureau (NCRB 2011) the incidence of cyber crime has increased by 85.4% in the year 2011 as compared to 2010 in India, whereas the increase in offences pertaining to IPC is by 18.5% as compared to the year 2010. Maharashtra has emerged as a centre of cyber crime with maximum number of incidence of registered crime. It is seen that most of the offenders arrested for cyber crime cases are children who are in the age group of 18 to 30 years only.

Cyber crime and child abuse

Children are the most vulnerable sections of society and are easily exploited in the cyber world due to lack of maturity level in them. These days it is seen that even sexual exploitation of the children has started online. The offenders chat online with young children by wrongly stating/representing their age and lure them towards sex. With these latest technologies it has become very easy for the criminal to contact children. Children are easily exploited by online criminals not only because of their age and majority but also as they heavily rely on networking sites for social interaction. Offenders use false identities in chat room to lure victims for personal meetings. This leads to child abuse and exploitation such as trafficking and sex tourism. The child never knows the person with whom he or she is chatting. It is only when they happen to meet each other in person that they see an old man in their 40’s or 50’s with whom they were chatting and realize their mistake. Many children commit suicide when their offensive pictures are posted online. Children often avoid telling their parents about this mistake which causes further more trouble. The victims of online exploitation are forced to live with their abuse for the rest of their lives. It also affects the overall mental development of children. Children often unknowingly or deliberately share personal information without realizing that by just forwarding this message they can be made to suffer penal charges. Facebook photographs, whatsapp messages are uploaded and shared by children without knowing the gravity of things and the impact that will it have on their future.

We all understand the need of protecting children in the real world but it is equally important for all parents and elders to protect their children from online threats. As a parent you can play an important role in protecting your children against Cyber Abuse. It is high time for parents and elders to take an active role in sharing with your kids about the use and abuse of cyber.

To nab an offender in a cyber crime case is not an easy task as the offender can commit this crime from anywhere in the world. These days the offenders are using high end technologies and in order to take hold of them we need the help of cyber cell police station.

Laws to combat cyber crime

To combat cyber crime, The Information Technology Act, 2000 was enacted wherein certain acts has been made punishable. The Indian Penal Code 1860 has also been amended to take into its purview Cyber Crime. The various kinds of offence relating to cyber crime which are punishable are as follows:

1. Cyber crimes under the IT Act:

· Tampering with computer source documents-Sec.66

· Hacking with computer systems, data alteration –Sec.66

· Publishing obscene information-Sec. 67

· Un-authorized access to protect system Sec.70

· Breach of Confidentiality and Privacy-Sec.72

· Publishing false digital signature certificates-Sec.73

2. Cyber crimes under IPC :

· Sending threatening messages by email-Sec.503 IPC

· Sending defamatory messages by email-Sec.499 IPC

· Forgery of electronic records-Sec.463

· Bogus websites, cyber frauds-Sec.420 IPC

· Email spoofing-Sec.383 IPC

· Web-Jacking-Sec.383 IPC

· E-mail Abuse- Sec.500 IPC

3. Cyber Crimes under the Special Act:

· Online sale of Drugs under Narcotic Drugs and Psychotropic Substances Act

· Online sale of Arms Act

How to file a cyber crime complaint ?

· You must contact your local police station to register a cyber crime complaint with complete details of the offence and documents i.e. screen shots, e-mail address and details of the suspects.

· You can also complaint to the in charge of cyber cell police station which is almost in every city.

Precautions to be taken on social networking sites

Social networking sites are proved to be a great tool of sharing information but we need to follow some precaution while using them:

· Personal information should be posted to a limited extent

· Use password that are not common for example use alphabets along with numerals

· Don’t post any personal information about your friends and family members

· Install and upgrade an anti-virus software regularly

Tips for parents to prevent children from cyber abuse:

· Always be vigilant and see what your children are doing online

· Discuss the risks with your children and tell them ways to be safe online

· Place the computer in your living room rather in child’s bedroom

· Use Parental Control Software. It filters the contents that can be viewed online and can restrict download of applications that you don’t want to be viewed by your children.

· You can restrict usage time of internet i.e. the number of hours internet can be accessed

· Make sure your children do not post personal details like their contact numbers, address, photographs, school address etc.

· Make sure that you know the friends of your children with whom your child is chatting/interacting on web and restrict their chatting with stranger

· Check the number of hours your child uses computer restrict it if they use it for long hours duration

· Help your child feel comfortable talking to you about any incidence of cyber abuse and make them aware about reporting the matter to cyber crime police stations from where the offender can be nabbed.

Source: vakilno.1