Tuesday, November 27, 2012

" Life Imprisonment " Stands for " Jail Term for Entire Life " : SC



Life imprisonment implies a jail term for the convict’s entire life, the Supreme Court has held, clearing a misconception on this sentence.
Constitution Bench of SC said in its Landmark  judgement of 1980 on criterion for imposing death penalty needs a “Fresh Look” as there has been “ No Uniformity ” in following its principles on what constitutes “ The Rarest of Rare ” cases.
“It appears to us there is a misconception that a prisoner serving a life sentence has an indefeasible right to be released on completion of either fourteen years or twenty years imprisonment. The prisoner has no such right. “
“A convict undergoing life imprisonment is expected to remain in custody till the end of his life, subject to any remission granted by the appropriate government,”  said SC .
The bench, however, clarified that under remission the appropriate government cannot reduce the period of sentence less than 14 years for a life convict.
“ In the case of a convict undergoing life imprisonment, he will be in custody for an indeterminate period. Therefore, remissions earned by or awarded to such a life convict are only notional. In his case, to reduce the period of incarceration, a specific order under Section 432 of the CrPC will have to be passed by the appropriate government. However, the reduced period cannot be less than 14 years as per Section 433-A of the CrPC,” the Apex Court said.
The apex court order also seeks to put an end to the practice of en-masse release of the convicts by various governments on “ Festive ” occasions and said each release requires a case-by-case basis scrutiny.

Sunday, November 25, 2012

Pneumonia


What is Pneumonia ? 
Pneumonia is a respiratory infection that may be bacterial or viral. The infection causes inflammation of one or both lungs as the tiny air sacs within the lungs get filled with fluid, making it difficult for the lungs to function properly.
Who is at risk ? 
Infants, neonates, premature babies and children between 24-59 months are most likely to suffer due to their low immunity. Getting wet in the rain will not trigger pneumonia but exposure to sudden temperature change can be a risk factor. Damp, heat, air pollution, smoking and overcrowding are conducive to the growth of bacteria, viruses or fungi. Other high-risk factors include malnutrition, deficiency of vitamin A&D and zinc, weakened immune systems, co-morbid pulmonary illness, other systemic illnesses and anticancer drugs.
Symptoms : 
In bacterial pneumonia, signs include high fever (more than 102° F), difficulty in breathing, fast respiratory rate, noisy breathing, severe chest pain, body ache, wheezing, severe weakness, inability to feed, excessive drowsiness, excessive sweating, coughing up blood and respiratory distress. A child with chest in-drawing and cyanosis (blue tinge to the skin) indicates severe pneumonia. Viral pneumonia, often called walking pneumonia, has less florid symptoms. Symptoms like high-grade fever (less than 102° F), preceding upper respiratory tract infection, coughing up small amounts of mucus, muscle ache and fatigue are common.
Treatment : 
If symptoms persist, the child must be taken to the doctor. Hospitalisation may be required to administer intravenous antibiotics or oxygen support. Viral pneumonia doesn’t require intensive care and treatment since viruses don’t respond to vaccines and antibiotics.
Complications : 
About half the number of children who survive pneumonia suffer some after-effect, which may be mild or temporary. But 22 per cent of survivors end up with a moderate or severe disability, according to the Centers for Disease Control and Prevention. The complications of untreated or neglected pneumonia can result in disabilities such as deafness, brain damage, seizures and, in severe cases, even death.
Prevention : 
Adequate breastfeeding for the first sixmonths helps improve an infant’s natural defences. All children should receive adequate nutrition, especially vitamin A & D and Zinc. Environmental factors such as pollution, smoking, overcrowding, sanitation and hygiene should be addressed to reduce the risk.
Bacterial pneumonia is the leading cause of pneumonia deaths in children and accounts for highest number of pediatric hospitalisations. There have been many instances when antibiotic treatments fail because of delay in treatment or administration of inappropriate antibiotics. Lately, the increasing number of disease-causing strains and antibiotic-resistant bacteria have been a matter of concern.
In such cases, prevention of pneumonia through vaccination (Hemophilus influenzae B vaccine and pneumococcal vaccine) is recommended. Pneumococcal Conjugate Vaccine (PCV), the latest pneumococcal vaccine, is highly effective against 13 serotypes of pneumococcus including serotype 19A, which is emerging as one of the important strains to cause pneumococcal disease in children less than five years of age. In addition, the vaccine is a potent tool for protection against the even more serious meningitis and blood infection (septicemia) caused by the same bacteria.

Friday, November 23, 2012

FDI in India



Foreign direct investment (FDI) is direct investment into production in a country by a company in another country, either by buying a company in the target country or by expanding operations of an existing business in that country.

Methods

The foreign direct investor may acquire voting power of an enterprise in an economy through any of the following methods:
  • by incorporating a wholly owned subsidiary or company
  • by acquiring shares in an associated enterprise
  • through a merger or an acquisition of an unrelated enterprise
  • participating in an equity joint venture with another investor or enterprise
Foreign direct investment incentives may take the following forms
  • low corporate tax and individual income tax rates
  • tax holidays
  • other types of tax concessions
  • preferential tariffs
  • special economic zones
  • EPZ – Export Processing Zones
  • Bonded Warehouses
  • Maquiladoras
  • investment financial subsidies
  • soft loan or loan guarantees
  • free land or land subsidies
  • relocation & expatriation
  • infrastructure subsidies
  • R&D support
  • derogation from regulations (usually for very large projects)

Foreign direct investment in India
Starting from a baseline of less than $1 billion in 1990, a recent UNCTAD survey projected India as the second most important FDI destination (after China) for transnational corporations during 2010–2012. As per the data, the sectors that attracted higher inflows were services, telecommunication, construction activities and computer software and hardware. Mauritius, Singapore, US and UK were among the leading sources of FDI. According to Ernst & Young, FDI in India in 2010 was $44.8 billion and in 2011 experienced an increase of 13% to $50.8 billion.] India has seen an eightfold increase in its FDI in March 2012.
India disallowed overseas corporate bodies (OCB) to invest in India.
2012 FDI reforms
On 14 September 2012, Government of India allowed FDI in aviation up to 49%, in the broadcast sector up to 74%, in multi-brand retail up to 51% and in single-brand retail up to 100%. The choice of allowing FDI in multi-brand retail up to 51% has been left to each state.
In its supply chain sector, the government of India had already approved 100% FDI for developing cold chain. This allows non-Indians to now invest with full ownership in India's burgeoning demand for efficient food supply systems.  The need to reduce waste in fresh food and to feed the aspiring demand of India's fast developing population has made the cold supply chain a very exciting investment proposition.
Foreign investment is announced by the government of India as FEMA (Foreign Exchange Management Act).
IT was introduced by Prime Minister Manmohan Singh when he was finance minister (1991)