#In Defence of Recognising Human Dignity

[kaira-ars]

"Irreversible fragments" - the moment after Moses broke the tablets, in a fit of anger.

The idea for this drawing started with a simple curiosity about what happened after the epic ending of the film. But… it also came from remembering that Moses was Hebrew, which inevitably made me think of the other peoples living in the region where this story is set.

The flag in the drawing is symbolic. It’s not "really there". I don’t know… just an attempt to make a connection between this ‘present moment’ and the historical situation that would later unfold in the region

I allowed myself to be deeply affected by that film - as I was by its message. The word that best describes my experience watching this, especially for the first time, is "sublime".

The music? Utterly moving and beautiful in its composition, its melodies, and its rhythms. ✨

This drawing was made as a way to show compassion for everyone’s pain — especially in such a historically tricky situation, you know? Acting out of compassion amid all the mess and contradictions of humanity... Whether it’s about the practice itself or the words that supposedly guide that practice, or even the contradictions within the ideas behind those words.

[mythicamagic]

Yo! If you're still doing the sesskag kiss prompts, can I ask for 17 or 23? Thanks! 😊

17: a kiss on the underside of the jaw.

----

He was a fool.

Sesshoumaru readily admitted this to himself at the cost of his pride. He truly was a fool.

Insidiously, the miko had wormed her way into every orifice of his mind despite every line of steel defence. There was no place where he was safe from her now.

Therefore, when she was away from him for a week- a cold, quiet week at that- but then proceeded to extend her absence longer, Sesshoumaru found himself stoically grim-faced and silent. Troublesome thoughts niggled consistently, worsening the longer her return delayed. But he was not sulking. Absolutely not. Nor brooding.

"Mi lord! Gah! I have found you at last!"

Well if she thought he was going to travel all the way to her, Kagome had another thing coming. He was not her faithful lapdog.

"Lord Sesshooooumaruuu?"

Yes, he was going to wait right there, sitting at the base of a tree. And he'd stew. Unless of course this mildly irritating green blob kept annoyingly darting up and down in front of his relaxed vision. Sesshoumaru lunged for it.

"Ach! Amn… Goof mornith' milord!" Jakem choked.

Sesshoumaru blinked and released him. "So it was you. Why have you come, Jaken?"

"There was no pressing matter exactly, sire. It's just that your mother...well she made some very rude remarks at your expense. I thought I should come here and get the story from you concerning why you haven't been at the Western Stronghold too much lately. Then I can set her straight!"

Golden eyes narrowed. "You presume to interrogate me?"

"NEVER MI LORD!"

"Inside voices, Jaken," he muttered flatly.

"Oh, forgive me," the kappa bowed. "Naturally you don't have to explain yourself, but what should I tell her in your absence?"

Sesshoumaru trailed his attention back to the cave he was sitting not too far away from. He refused to sit within it and pine. He'd been rather busy patrolling all week. He couldn't help it if his feet led him back to their spot at the end of the day, resulting in a haphazard attempt at watching over his territory.

"Tell her that what she suspects about my involvement with the woman is true," Sesshoumaru said calmly. Jaken started choking without any help from him now. "However, none may speak ill of the miko. That includes Mother."

"S-sire… I didn't want to believe it from the gossiping kappa demons, but did you really…"

Golden eyes slid shut.

"R-right, I'll keep my mouth shut. Well then, I shall relay your message at once!"

Watching him faithfully waddle away, something compelled Sesshoumaru to speak up. "Jaken."

"Yes sir?" he stopped.

"... This current arrangement will likely not last much longer," he uttered softly. "You may relay that too."

Jaken's cheeks glowed as he seemed pleased- so Sesshoumaru pelted him with a rock.

How irritating that the concept should bother him. However, he had the sinking feeling that Kagome would outgrow the need for him soon. Directing ageless attention to high branches where sunlight filtered through, Sesshoumaru took in a long breath. Sharp claws twitched.

He wondered what he'd do when she inevitably called for their little arrangement to end. Would he accept it with grace and dignity? Or would he lapse into old habits and become something jealous, dark and obsessive? Would he covet her- steal the miko away for himself despite her protests?

She likely thought that little encounter in the carriage had been a passing fancy on his end. Better she think that- than know he'd been watching her for some time. Sesshoumaru couldn't say when it had started- he'd merely been taking more notice of her.

And then he'd been trapped within Kagome's barrier.

It had happened about a month after her return to the past. Sesshoumaru had been minding his own business, walking through the forest with the intent to visit Rin, when he'd sensed a barrier be erected. It spread over a large distance in a dome shape, glowing bright pink.

Sesshoumaru had reached out to touch it- only to hiss and feel his own power stir, recognising how it potentially matched his own in strength. Then he'd heard a shout, and noticed the miko.

Kagome was fighting- alone no less. She launched arrows into lunging youkai and raced through the trees, not even noticing him. Something had piqued his interest, and he'd observed her the remainder of the fight as a hoard of demons kept coming.

When it was down to the last two oni demons- Kagome, bloodied and panting- had snapped and ordered them to 'wise up!' and 'get with the program!' He wasn't sure they really understood. However, she gestured around her to the carnage, telling them to back down unless they wanted to end up like their brethren.

And, miraculously- it had worked. They shifted and lowered their weapons, before reluctantly turning around and leaving. Kagome smiled and chose that moment to drop the barrier. It was then that Inuyasha's distant shouts could be heard.

Sesshoumaru's eyes had remained wide. Because he noticed- he noticed the split second of something unnamed on Kagome's face after hearing his half brothers swift arrival.

"I know you were just tryin' to protect the villagers but your damn barrier kept me from coming in, idiot! Look at you, you're a mess! You coulda died!"

"Oops," Kagome had giggled, waving it off.

She'd done it on purpose.

The miko had recklessly and selfishly created the dome with the express purpose of keeping everyone out. She had desired to kill the attacking demons on her own, without aid or interference.

And she'd taken charge so fast of two beings who were easily twice her size and potentially deadly in a fight.

Sesshoumaru's eyes had darkened and plumed red. Instincts clamoured in a rare moment of intrigue and desire. Fuck's sake, she was so fucking gorgeous.

Pale lips twitched and curved up at the sides. Yes, he truly was a fool for involving himself with her. But she'd been exquisite and wonderful in his hands, perfect in her capacity for cruel teasing and soft glides of her fingers. Kagome could also engage his mind and wits, challenging him and inviting the Daiyoukai to play and have fun with her. How silly. How...refreshing she'd been.

Were they all like that? Humans? He'd never made love to a mortal before- and wagered he never would again.

Hearing a foot drag over the earth, Sesshoumaru stiffened against the bark of the tree. Standing, he inhaled a lungful of her fragrance, before sliding his hungry gaze to hers.

Kagome looked changed after two weeks.

She wore what he understood to be 'red skinny jeans' along with a white shirt tucked in- giving her an appearance reminiscent of a priestess and yet not. A small sword had been tied to her hip, and a quiver of arrows slung over one shoulder. Her hair had been partially tied back in a half ponytail.

Sesshoumaru slid his gaze down to the sword, recognising Totosai's work. The miko approached him radiating confidence, and he walked with slower steps.

Ah, it had happened sooner than expected. A shrivelling, sinking sensation shamefully welled up inside his chest. Instincts resisted the thought, chanting; 'mine, mine, mine!'

But the truth of it was there in her kind, guarded eyes. When they stopped before one another, she reached up on tiptoe and brushed an achingly gentle caress of lips against the underside of his jaw in a youkai expression he'd taught her- Sesshoumaru bit the inside of his cheek.

What are you apologising for?

His claws automatically slid around her wrist, expression flickering.

Kagome gave a wan smile. "...We need to talk."

[britishhumanistassociation]

Did you know that George Orwell was an outspoken humanist? He felt that the best way to live was one which recognised the dignity of people and how we could best live well together. His humanism was a defiant defence of finding happiness in the one life we have #ThursdayThoughts https://ift.tt/2Mh0L6a

[dunilefra]

Admirable Articles of Georgia's Constitution

Article 5. Social state (Part of it)

2. The State shall take care of strengthening the principles of social justice, social equality and social solidarity within society.

3. The State shall take care of the equitable socio-economic and demographic development in the entire territory of the country. Special conditions for the development of high mountain regions shall be determined by law.

4. The State shall take care of human health care and social protection, ensuring the subsistence minimum and decent housing, and protecting the welfare of the family. The State shall promote the employment of citizens. Conditions for providing the subsistence minimum shall be determined by law.

5. The State shall take care of environmental protection and the rational use of natural resources.

6. The State shall take care of the protection of national values, identity and cultural heritage, and of the development of education, science and culture.

7. The State shall take care of the development of sports, establishing a healthy lifestyle, and engaging children and youth in physical education and sports.

8. The State shall take care of maintaining and developing connections with the homeland for Georgian compatriots residing abroad.

Article 9. Inviolability of human dignity

1. Human dignity shall be inviolable and shall be protected by the State.

2. Torture, inhuman or degrading treatment, and the use of inhuman or degrading punishment shall be prohibited.

Article 10. Rights to life and physical integrity

1. Human life shall be protected. The death penalty shall be prohibited.

2. The physical integrity of a person shall be protected.

Article 11. Right to equality

1. All persons are equal before the law. Any discrimination on the grounds of race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds shall be prohibited.

3. The State shall provide equal rights and opportunities for men and women. The State shall take special measures to ensure the essential equality of men and women and to eliminate inequality.

4. The State shall create special conditions for persons with disabilities to exercise their rights and interests.

Article 17. Rights to freedom of opinion, information, mass media and the internet (Part of it)

1. Freedom of opinion and the expression of opinion shall be protected. No one shall be persecuted because of his/her opinion or for expressing his/her opinion.

4. Everyone has the right to access and freely use the internet.

5. The restriction of these rights may be allowed only in accordance with law, insofar as is necessary in a democratic society for ensuring national security, public safety or territorial integrity, for the protection of the rights of others, for the prevention of the disclosure of information recognised as confidential, or for ensuring the independence and impartiality of the judiciary.

Article 21. Freedom of assembly

1. Everyone, except those enlisted in the Defence Forces or bodies responsible for state and public security, shall have the right to assemble publicly and unarmed, without prior permission.

2. The law may establish the necessity of prior notification of authorities if an assembly is held on a public thoroughfare.

3. Authorities may terminate an assembly only if it assumes an unlawful character.

Article 71. State of emergency and martial law

2. In cases of mass unrest, the violation of the country's territorial integrity, a military coup d'état, armed insurrection, a terrorist act, natural or technogenic disasters or epidemics, or any other situation in which state bodies lack the capacity to fulfil their constitutional duties normally, the President of Georgia shall, upon recommendation by the Prime Minister, declare a state of emergency across the entire territory of the country or in any part of it, and shall immediately present this decision to Parliament for approval. The decision shall enter into force upon the announcement of the state of emergency. Parliament approves the decision upon its assembly. If Parliament does not approve the decision following a vote, it shall become null and void. Emergency powers shall only apply to the territory for which the state of emergency is declared.

by Dunilefra, working for World Politics

[aardvark-123]

Gensokyo Festival Day 9: Eiki Shiki’s Personalised Guide to Self-Improvement

Too busy for an endless string of spell-card duels, our beloved yama has decided to put some of her wisdom into writing. I suggest you read it closely; even if you aren’t the person each section is targeting, you could learn something useful.

...No, she’s not standing over me with “Disrespecting a divine being” written on her Rod of Remorse. Why do you ask?

Reimu:

Stop pestering people for donations. A polite request is acceptable, but prolonged begging is obnoxious and discomforting.

Remember to ask questions before shooting. You are the natural rival of youkai, it is true, but that is no excuse to bully them without reason. With humans and other beings, take extra care that you do not attack them unless you truly must, since they can be more fragile than youkai.

On the other hand, try to avoid forming close friendships with youkai. Remember that you are a shrine maiden, not an aspiring jinyou.

Good work with that fortune teller, by the way.

Most importantly, please at least try to commune with the gods on a daily basis, and keep looking after the one who resides in your shrine. I will not hide the truth from you: If a high-ranking god is sufficiently fond of you, they might order me to allow you into Heaven or place you in their service as a Celestial. That is an unreliable and manipulative strategy, however, so I do not recommend it.

Marisa:

Stop lying. You lie so much that it has become a habit, your automatic first line of defence in almost any situation. Deception will ultimately do nothing but drive your friends away and destroy your reputation.

Stop stealing as well. Patchouli's books are her own, and nobody is going to take your claims of 'long-term borrowing' seriously. Give her back her books.

You must try to think about how your actions affect other people. The world does not resolve around you, and all the people you have burgled, assaulted, lied to, humiliated and sexually exploited deserved better. They are living people, not just your playthings.

Look, just... Just try harder, will you?

Sakuya:

Try to be a better friend to your fellow humans. Although far from ideal, the witch and the two shrine-maidens are decent people who have at least a vague fondness for you. Politeness costs nothing and can always brighten somebody's day.

Put some thought into your future. Although your power over time is impressive, it will not save you from the ultimate fate of all things. You can save yourself from a long sentence in Hell, but only if you are willing to apply yourself.

Try to become a positive influence on your employer. Remilia's sins are almost beyond measure, and even the many millenia she could live will barely be enough time for her to redeem herself.

Youmu:

Avoid spending too much time in the Land of the Dead.

At least try to take your role in life seriously. Your nature as a half-phantom is a gift, but it can very easily become a curse if you do not strive to balance the life and death inside you. Use the powers of your swords sparingly, your own power even sparinglier more carefully, and heed the wisdom of your mistress.

(I will ask her to make her advice easier to understand.)

Perhaps most importantly, have some faith in yourself. You are not perfect, but nobody is. You are a strong warrior and a talented gardener capable of great things. Do not lose yourself in a mire of self-doubt.

Reisen:

Apart from one large sin, you have lived a largely wholesome life, so keep it up. Be dutiful in your work. Be kind to your friends and colleagues, stand by them in times of hardship and war, and make the time to relax and have fun with them.

While carrots may be incredibly delicious to a rabbit, you must not allow yourself to become dependent. Carrot addiction has destroyed lives before, and no matter how certain you are that you can handle it, you probably cannot. Try to limit yourself to two carrots a day.

I probably do not need to remind you, but in the interest of thoroughness I shall. Do not desert a second time.

Cirno:

You would do well to learn some humility. Powerful you are, but there are many beings greater than you, and even a weaker fairy or youkai could defeat you with skill, determination and a small helping of good fortune. Do not let your strength become an obsession. In the end, what matter are the deeds you do, the friendships you make and the marks you leave on the world.

It is not a sin for a fairy to become a youkai, but I urge you to have caution. As a youkai, you will have a duty to scare humans, but you will also be able to die at their hands (and the hands of others). You must be willing to accept your own vulnerability and your need to cooperate with others, or else your career as a youkai will be brief.

If you remain a fairy, stop picking fights with everybody.

The Prismriver Sisters:

This is absolutely crucial: BELIEVE IN YOURSELVES. Each of you must find yourself a purpose for existing and then live out that purpose with all of your heart. Make that purpose a part of the very core of your being and become She who "Insert Purpose Here". Um, so to speak.

(Mainly for Merlin) In general, please try to act with kindness and dignity each day of your life. Being a good person costs nothing.

Mystia:

Concentrate on your surroundings and be mindful of other people. With the power you possess, it is vital that you avoid singing unless you know nobody will be harmed.

Your friend Kyouko is a practicing Budhhist, so please do not expose her to meat, alcohol, foul language and glorified violence. If you lead an innocent soul to Hell, you will almost certainly find yourself suffering alongside her.

Try to offer a range of vegetarian food in addition to lamprey. While you are unlikely to be punished for selling only fish-based meals, it would be courteous to allow your customers a choice.

Tewi:

Your attitude urgently needs to improve. Whether you admit it or not, you are a devious little madam who delights in causing chaos and misery. Your actions once led Reisen to contemplate suicide. If you cannot accept the consequences of your behaviour in this world, the consequences will most definitely be done to you in the next, and nobody will skimp on the lemon juice when they prepare your cactus bed after your week-long shift in the salt mines. So, seriously, put an end to the "harmless" pranks and start helping your fellows.

Also, flattering those who have authority over you will only make things worse.

Aya:

As a journalist, you have two of the greatest and most terrible powers of all: The power to create history and to manipulate the truth. It is best if you use the former only to tell the truth and never use the latter at all. Lying is not harmless fun, it is a terrible sin.

Try to exercise restraint while you investigate things. I have watched you win spell-card duels without once looking up from your notepad, and you are bound to cause a catastrophic accident sooner or later.

Frighten more humans as well.

Medicine:

You must let go of hatred and learn to embrace those around you. (Although, hopefully, not literally.) Your heart has been closed for too long. There are many good people in the world, many kind-hearted children who truly adore their dolls even if they do not recognise their personhood. Do not begrudge humans for what is in their nature. I, too, am trying to change that, and I know that anger will accomplish little.

Consider getting to know some of the stronger youkai and those immune to your poison. Do not approach them with fear or aggression and do not mask your true personality; instead, let them see the true Medicine Melancholy within. You will find that most strangers are merely friends who have not yet made you.

Yuuka:

Your pride and anger are both far too great. To the humans, you are almost a goddess of destruction; to the youkai, you are the foul-tempered older sister whom nobody really likes. The only true friend you have is the firefly youkai who pollinates your sunflowers. No matter how powerful you are, attacking everyone in your path is an act of pure evil which cannot easily be forgiven.

Remember that, no matter how much fun you may be having right now, violence and cruelty are never worth it. If you bring suffering to innocent people, you will suffer far worse treatment in time.

Also, contrary to your belief, I am not your rival. The only rival I have is sin itself.

Please, PLEASE do not try to become an embodiment of purest sin just so you can call yourself my rival.

Komachi:

Stop sleeping when there are departed souls in need of transportation. As inconvenient as it may be for you, people can die at any moment, and as a ferrywoman you must be ready to take to the water at any moment. The fate of the world rests on our actions, and there will be terrible consequences for every being if you do not pull your weight.

Laziness is a sin, and I will not let my inexplicable fondness for you stand in the way of an accurate judgement. Even you will die eventually, Komachi, and I have borne witness to many sins on your part. Just something to bear in mind when you go drinking tonight.

Speaking of which, there are many herbal teas for sale in the Human Village which will help you sleep soundly. Have you tried sleeping at night rather than through the afternoon, Komachi? Research has shown that diurnal shinigami are among the happiest and most productive.

Lies and flattery are not the way of an honourable shinigami; they are the way of a sinner. If you are to speak to me with respect (which I would strongly encourage), do it all the time, not only when you wish to curry favour. Lies and excuses will only make you look bad and erode my already-minimal trust in you.

A healthy, balanced diet is also important. Your great strength and stamina will not last if you continue to gorge yourself on beer and tempura, to say nothing of the marshmallows which you so endlessly devour.

I only have a large, warm chocolate pudding with a delicious molten centre every OTHER day, so please do not embarrass yourself by trying to shame me.

I have also seen you picking your nose. Do not try to deny it, you will only insult my intelligence and make yourself more likely to receive a harsh sentence when you die. It is disgusting and unhygenic. STOP IT.

Your love of erotic manga is more forgiveable, but I will confiscate any such volumes I find about your person while you are on duty. At least try to be professional.

One last thing, Komachi: When you are next in the Human Village, could you pick up some more parchment and a small barrel of rice? We seem to be running short. Tell them to charge it to the Ministry as usual.

[cathcacen]

Arya, giggle, sword, cherish and bed (for the jonsa five word thing)

Hey, look! I fixed 7x06 with a prompt! :)

Thanks for the prompt, nonnie!

“Jon.” Her hands aren’t exactly the warmest, but they’re embers against his icy skin. “Jon, get up. I can’t rule the North without a King, so get up.”

He blinks blearily at her, clearly exhausted – then shock washes over his features, and his eyes fly wide, his hands going to her arms to grip her tight. “Sansa.” He can barely speak, but he says her name. “Sansa.”

She nods firmly, pressing a kiss to his forehead. She lingers, just long enough to whisper against his skin. “I’m here. I’m not going anywhere.”

She’ssick to death of skirting the halls, avoiding Arya on one end and Littlefinger on the other. When she has thetime, she sits with Bran.

Thatunnerves her more than the other two combined, but she needs to try wheremother, father, and Robb had failed. It’sjust us now, and I can’t let our family fall apart again.

Soshe tries. She tries – gods she tries to include Arya in housekeeping matters,making sure the Lords and men are happy and fed. She tries to make sense ofBran’s ramblings. Some nights, the visions run so long and so hard he wakespanting, and it’s then she sees a hint of her brother in his eyes. It’s thenthat he’s most human. He allows herto fuss and bundle him up in furs, and after, she sends to the kitchen for hotsoup and crusty bread.

They’resitting together on one of those nights. The Lord’s Chambers are deliciouslywarm, and she thinks back to the time mother had explained about the waterrunning through the walls – from the hotsprings, to keep you all snug and sweet in our home. Sansa had giggled then,a girl of seven, as mother kissed her cheek and tickled her toes.

Shecan’t remember the last time they’d been that happy.

Theydon’t giggle any more.

There’sa knock on the door, and she opens it to receive a scroll from the Maester. Sherecognises the seal – the raven had come from Eastwatch. But it’s just Tormundthere, and if Tormund is writing, there is surely trouble on the horizon.

Herheart sinks. Will I have to command thesemen to march, to fight? War is Jon’s forte after all. She scans the scrollquickly, then lets out a breath. The words are like ice in her gut. No.

Aryaraises a brow as she settles on the chair beside Bran. She hands the scroll offto Arya, who reads through it before passing it on to Bran. There’s beenanimosity – most of it misguided. But in the face of imminent danger, not forthemselves, but for Jon, it dissipates.

Aryastares at her. And then it clicks, and the young woman leaps to her feet. “Wehave to go to Eastwatch.”

“Ican’t leave Winterfell.” It’s warm,she reminds herself. It’s supposed tobe warm – but there’s only snow in her heart, and it’s cold and unfeeling. Shecan’t think. “Someone has to stay, or the men will leave and Jon will have noarmy when he returns.”

Arya’shand goes to the hilt of her sword.Needle is a stark reminder of what Jon had meant to her – what he still meansto her. The mask comes back on. She quirks a smile. “You could get rid of us inone fell swoop. Is that what you want?”

Shestares at her sister, and even Bran consents to look up. There’s no time forthis – even now Jon stares death in the face. Or maybe he has already died.Maybe he is on his way home this very moment. Maybe she’ll see him sooner thanshe thinks, an undead Jon who won’t remember her. Who doesn’t love her.

Thethought pierces her consciousness, and she has to turn away to hide the factthat her hands are shaking. “Fine. You stay, then. Stay and rule Winterfell inmy stead, and I’ll go to Eastwatch.”

“Oh,gods.” Arya’s voice softens. “This isyour face.”

Thatconfuses her, and she turns around, wringing her hands. “What?”

“You’rea lady.” Arya looks as if she’s justbeen dealt a blow. Surprise, wonder, and amazement shroud her face. “There’s noearthly reason you should go. Your place is here – your politics are here. Yetyou want to give up your newfound, hard-earned power to go to Eastwatch, whereyou’ll be about as much use as a pretty vase in a corner?”

Shegrits her teeth. “I don’t have time for this. I need to pack.”

“You’rein love with him, aren’t you?” Arya’s hand tightens about Needle’s hilt. “I waswrong. You’re not going to betray him. You’ve just become a Lannister. ATargaryen. You want to bed him.”

It’shard to ignore the disgust in her sister’s voice. She clenches her fist,willing a defence into being. The words don’t come, but they don’t need to.

It’sBran who speaks. “Father lied. I saw it.” He glances between his sisters, hisvoice dull and low. “He picked Jon up at the Tower of Joy, where Aunt Lyannawas being kept for her safety. He’s not our bastard brother – he’s our cousin.”

Thegears shift in her head. She lets out a breath. Across the room, Arya’s eyesmirror her own shock. Lyanna and Robert. Lyanna and Rhaegar. If he were Robert’sson, then Lyanna would be Queen, and Jon would be the Prince in line for theIron Throne.

“Jon’sa dragon.”

It’sArya who breaks the silence. They share a look. After the war, she thinks,there will be time to talk. But now, Jon is waiting, and she doesn’t have thestrength to fight her sister any more. It takes all the pride she has left –all the dignity, but she sinks onto her knees before her sister. She needs the youngwoman to understand.

“Iam a wolf. I won’t ever betray that. If you believe it – if you can find itin your heart to believe that I am your sister who loves you, then please.Please hold Winterfell for us. For our family.”

Aryagnashes her teeth together. “Gods damn it, Sansa.”

They’d left him behind.

Jonis all alone beyond the wall, and it’s all she can do to remain calm in theface of the Dragon Queen and her men. But she does – she puts on a mask, icebefore fire, and thanks the woman with all the graciousness she can muster forher efforts. They’re to sail back South with the captured wight.

Sheshares Cersei’s correspondence with the Dragonstone party and makes small talkabout Little Lyanna Mormont when Ser Jorah asks of his niece. She sits withRobert’s bastard and he tells her of his sharedexperiences with Arya. “When you are better, you must come to Winterfell to seeher,” She says.

Whenthe day grows colder, Ser Davos makes her drink hot tea. Tormund asks aboutBrienne, and coaxes a smile from her when he explains that all gingers are beautiful and kissed by fire.

TheTargaryen Queen extends an offer for her to sail southwards with them, but shepolitely declines. “My place is with my people.”

Sheknows the Targaryen Queen is putting it off. Whether romantic or familial,there is a pull she can see, an attraction to her most cherished King.She bites back the jealousy. There is no place in war to fight over a dead man,and the North will need the remaining dragons if they are to survive.

She’sjust about ready to bury the dead in her heart when the shouting begins. Eyeswide and heart in her mouth, she watches as the gates open to the sight of Jonon a horse, shivering and half delirious. She runs to him, just in time tocatch him as he rolls off the edge of the horse, bringing them both to theground. Snow breaks her fall, and she breaks his. She takes his face in herhands, her voice stern as she calls his name. Somewhere behind her, she hears the Targaryen Queen repeat her words.

“Jon.”Her hands aren’t exactly the warmest, but they’re embers against his icy skin. “Jon,get up. I can’t rule the North without a King, so get up.”

Heblinks blearily at her, clearly exhausted – then shock washes over hisfeatures, and his eyes fly wide, his hands going to her arms to grip her tight.“Sansa.” He can barely speak, but he says her name. “Sansa.”

Shenods firmly, pressing a kiss to his forehead. She lingers, just long enough towhisper against his skin. “I’m here. I’m not going anywhere.”

Bythe time Davos has dragged Jon off to bed,she’s damp from all the snow and her hair is a mess. She glances up to see theTargaryen Queen, all perfection with silver hair and rich, deep-grey robes. She’sroyalty personified, and with two dragons at her beck and call, power leansheavily in her favour. The woman stares down at her, and there’s a flicker ofsomething darker in her vivid lilac eyes – something like envy.

It’spetty, but she can’t help it. She smiles, warm and winning, in a way she’s sovery often seen Margaery smile. “Excuse me, your grace. I have to see to myKing. I bid you safe travels to King’s Landing.”

Shestrides off. There is a story she must tell, and it absolutely cannot wait.

[the-starchariot]

Lily (Virtuous)

Nouns / phrases: Morality and virtuousness in general; any specific virtue (e.g.: temperance, prudence, discipline, frugality, dutifulness. Self-awareness and wisdom. Moralistic self-approval, moralising. Purity; pureness of heart and mind. No hateful thoughts, good intentions, righteousness. Innocence, clear conscience. Cleanliness. Impartiality, humility, meekness. Peacefulness, contentedness. Restraint, modesty, moderation, fasting, sobriety, abstinence. Chasteness, austereness, self-chastisement, frigidity, cold.   Activities: To do good things (e.g. help others, give to the poor), do the morally correct thing (e.g. speak the truth, do one's duty). To moralise. To have good intentions. To clean, purify. To pacify, make peace with someone or something. To contain oneself, moderate. To fast, abstain. To cool. Attributes: Moral(ly). Virtuous (in general, or specifically, e.g. prudent, just, frugal). Holier-thanthou, moralistic, self-righteous. Pure, clean, clear, free of dirt. Well-intended, honest and upfront, righteous. Innocent, blameless. Wise, unassuming, impartial, humble, meek. Peaceful (undisturbed, unagitated), content. Restrained, moderate, modest, sober, abstinent, chaste, austere, selfchastising, uptight, frigid. As a person: Person with the above attributes, esp.: very virtuous. Goody two-shoes, moraliser. Someone who lives frugally. Someone who is celibate. As advice: Do the right thing! Abstain! Negatively: Don't be uptight! Don't moralise!   Time factor *) : When it's morally correct or wise / when it's peaceful or creates peace. Traditionally: winter. 

About the meaning: Before you read on, know that there are two different schools of thought concerning the Lily's meaning. According to one the Lily is about purity and virtuousness. The other says the Lily is about sex and sensuality. I don't think these two meanings are incompatible; virtuousness and sensuality can definitely coexist. But I think they are not part of one superordinate category. They are not two points on the same spectrum; one is not a weak form of the other, or an exaggerated experience of the other. I believe they are completely separate issues. This is the reason I don't use both meanings for the same card in my readings, and why I found it impossible to paint an image that eloquently illustrated both. So I decided to paint two separate Lily cards. I personally use both (I read with 37 cards), but you can choose just one if you wish, the one with the meaning you are used to. The version you're looking at now is (Virtuous) Lily. (Sensual) Lily you can find >> here! Virtuousness / Virtues: First and foremost, the Lily represents virtuousness in general, and any specific virtue you can think of. The Lily can for example stand for the classic cardinal virtues temperance, prudence, justice, and courage. But there are many other qualities which have also been considered virtuous - mercy, dignity, tenacity, discipline, frugality, refinement, dutifulness and truthfulness, for example, to name just a few of the Roman ones. Basically, the Lily represents anything the querent themselves considers a virtue, anything which they believe makes a morally good human being, and which is relevant to the question asked. Now, being a virtuous person is a great thing. However, sometimes we become overly proud of our virtuousness, or preach about morality to others. The Lily can also stand for that type of behaviour, or for a goody two shoes. The Lily can be interpreted as a prompt to get rid of a holier-than-thou attitude, or to stop being a self-righteous moraliser. Wisdom: Aristotle's approach to virtues shows something interesting about the nature of true virtuousness: it necessitates a certain degree of wisdom. Aristotle said that a truly virtuous act is to not just do the right thing but to do it at the right time, towards the right person, in the right way, and for the right reason. What if, for example, we give money to a beggar to impress someone else. Was this act of giving money an act of generosity? Or what if we tried to comfort a grieving person by sharing our own grief, making them feel not one little bit better. Well-intended as it was, was this really an act of compassion? Aristotle's complex definition of virtue shows that in order to be truly virtuous we need quite a lot of self-awareness and knowledge of the world, and the ability and willingness to apply them correctly to a specific, morally relevant situation. In other words: In order to actually be virtuous we need to have at least a certain degree of wisdom. Maybe this is the reason why wisdom is also an important part of the Lily's traditional meaning. Purity / Righteousness / Cleanliness: Another important traditional meaning of the Lily is purity. I suspect that "purity" was traditionally often understood as virginity. Personally, I really don't like the idea that having sex would somehow "taint" a person, make them unclean. So especially in the rare cases were virginity might be relevant in a reading I rather look for it in the Child, where it just means that the person is "inexperienced" but there is no connotation of "untainted" as there is with the Lily. But I can see that purity could also mean purity of heart and thought - to have no hateful thoughts, to bear no ill feelings, basically: to have good, well-meaning intentions. Someone can also be pure in the sense that they are innocent, blameless, that their conscience is clear. The Lily can also represent pureness in the sense of honesty and righteousness. It can mean that someone is honest and open about their thoughts and feelings, upfront about their motives. And in a very material way, "purity" can also simply mean cleanliness. The Lily could then represent anything that's physically clean, unstained, free of dirt. Unassumingness / Impartiality / Humility: Thinking about all the different ways a person can be "pure" lead me to another sub-dimension of the Lily's meaning which I have very often found highly useful: unassumingness. Our mind can be "pure" in the sense that no preconceived opinions colour our perception of the world too much. If we have no bias, if we are unassuming, impartial, we'll be much better able to see what is true and real, and act to the best of all involved efficiently. Thus, impartiality is morally very relevant, and I personally would consider it an important virtue. Directly connected to impartiality is humility - in order to even understand why we need to practice impartiality we need to be humble enough to recognise that we are not perfect; that our view might be wrong; that we might be overlooking something or be blinded by something. We need the meekness to accept when this is the case and then adjust our thinking and behaviour accordingly. Thus, if the Lily turns up in a reading, it can also be interpreted as a suggestion to look at one's biases; to become more impartial. The Lily can represent a humble disposition or standpoint. Peacefulness / to be at peace with something / contentedness: One sub-meaning of Virtuous Lily, peacefulness and contentedness, was an interesting find for me, because it is the one theme which is also an important part of Sensual Lily's meaning. But whereas the feeling of contentedness and peace in Sensual Lily's case stems from contentment with the pleasures the present moment has to offer, the peacefulness of Virtuous Lily comes from a completely different place. It comes from an absence of something: from the absence of cravings. The peacefulness of Virtuous Lily is the peacefulness of a person free of inner disturbances, of a person who is not driven by any strong passion - who is, in a positive sense, dispassionate. And the contentedness of Virtuous Lily comes from not wishing that things were different to what they are now. Virtuous Lily asks us to make peace with how things are now even if they are not perfect. It doesn't necessarily say that we shouldn't try to make things better. But it definitely says that in the end what will bring us contentment is not the fulfilment of our most important wishes (because as soon as that happens we're likely to find something else we really want) but the ability to be contented even with very little. Restraint / austereness / self-chastisement: The aforementioned freedom from cravings is a great thing. Especially in the loud, noisy, hedonistic world we live in, restraint is an important defence against excess. The Lily represents restraint in all its forms: moderation, modesty, sobriety, fasting, celibacy, frugality, etc. In other words: the Lily can stand for a lifestyle (or certain periods of time) in which we restrict sensual input to a minimum in order to rest. But: a person might also become inhibited and uptight - be unable to enjoy pleasures wholeheartedly, or even avoid pleasure at all costs. While celibacy, or fasting, for example can definitely be good and productive things, they are probably not when they are motivated by fear of one's sexual nature, or by an idea of self-punishment. The Lily can represent that: the harmful avoidance of any comfort, of any pleasure; it can represent draconian austereness. The Lily can represent a lack of passion, frigidity, and cold. So the Lily can warn us that we're too hard on ourselves, that we chastise ourselves too much. In this regard, there is another bridge from Virtuous Lily to Sensual Lily. If Virtuous Lily's properties are too prominent, Sensual Lily's qualities are desperately needed for balance! 

About the Image: The illustration of Virtuous Lily shows the clear, cold atmosphere of an icy winter morning on which everything is quiet yet. The Lily in this illustration is the traditional white, to symbolise purity and lack of cravings, the lack of inner disturbances. The background is very clear and sober - rather modest; nothing boastful. The tabletop is clean, almost empty with only a jug and glass with fresh, clear water. The window panes are covered with beautiful but cold frost patterns: someone is living frugally, not heating much. Everything is clean and clear, peaceful and rather beautiful. There is no stain, everything is pure. But it is also cold. There is little input for the senses, nothing to invoke passion. There are no strong colours to distract the eyes, no objects that are supposed to produce any sound. There is only cool, clear water to taste, and the frosty patterns on the window panes to touch.

Lily-Rider Something or someone who challenges one's virtuousness. Someone who tries to force their moral standards on others. Something/someone changes that which one considers morally right. A new acquaintance who has good intentions. Annoyingly and/or obtrusively well-meaning/righteous/virtuous. Someone or something which disturbs the peace. Some news, or a change, or a person, who manages to disrupt one's self-discipline/constraint/chasteness. Lily-Clover To be content with very little, to find enough contentment in small joys. A little bit of wisdom, a little bit of virtuousness. To not take cleanliness seriously. To not try very hard to be a moral person. To not take virtues in general or specific virtues seriously (which could be a good thing if the querent is too uptight). To make light of someone's moral standards - e.g. to mock someone for their voluntary celibacy. Someone who might behave immorally any moment because they don't take morality seriously. An opportunity to become a better person. To be lucky and find a righteous person. To briefly experience peace in the absence of a craving. To wait for the opportunity to do the right thing. The intention to be abstinent or celibate or more self-disciplined in general is thrown to the wind at the first opportunity. Lily-Ship To explore morality, or, specific moral virtues. To research moral concepts. To be in uncharted waters, morally. To try and become a better person. To say goodbye in a morally correct way. The moral relevance of adventurousness: a warning that it is not the same as foolhardiness. To make changes with good intentions; to try to change the world to the better. To travel/commute in morally good ways (where one doesn't exploit others, or pollute the environment etc.) To make peace with the absence of someone or something. Wise ways of handling changes. To be honest to others about changes you're going to make or if you are planning to leave. Lack of commitment to moral principles, or to modesty or abstinence. Lily-House Traditional moral virtues (values). Family rules (or familiar rules) about the right conduct. Strict moral values; moral virtues which are so established they seem immutable even if one would like to do things differently. A virtuous family member; family as a whole who puts a lot of emphasis on virtuousness or specific virtues. Peaceful (undisturbed) home life. Home life which is experienced as morally constricted, uptight. Virtues relevant specifically in the family (e.g. dutifulness, honouring one's parents, physically keeping a clean house etc.). To have a very humble home; to live modestly. Lily-Tree Very strong, stable virtuousness. Specific virtue is strong. To stay calmly virtuous even in challenging situations. The virtue of composure or equanimity. Virtues which concern the health of one's body and/or physical needs, e.g. temperance, (reasonable) frugality. The wisdom of the body. To treat nature morally. Down-to-earth view of morality; a pragmatic approach to being virtuous. To treat one's body with respect; to be at peace with one's physical nature, or state of one's health, or appearance. To take a bath; to detox. Lily-Clouds Confused morals; to not know what would be the right thing to do. Clouded moral judgement. To be so strict in one's moral views that it's emotionally or mentally harmful. Lack of moral guidance. Mental illnesses which cloud our morality. Virtues which are relevant in times of despair, e.g. the Christian virtue hope; discipline; tenacity. Not clear if intentions are good. Misunderstood good intentions. Good intentions which nevertheless caused confusion (didn't help). Someone is such a paragon of virtue that they seem terribly boring, colourless. Lily-Snake A very wise person. To strive for virtuousness. To be motivated to be a better person. To behave morally only to reach a certain goal. Conflict between craving something and thinking one should have no strong passions (vices). Peacemaker. A nice Koan: to crave freedom from craving. To be honest about one's desires. To desire something or someone but with good intentions. To look for someone who is wise, or righteous, or who has good intentions. Lily-Coffin To make one's peace with a specific loss, with the death of a loved one, or with mortality in general. "Memento mori". Virtues which are relevant in times of grief (e.g. compassion, serenity). The end of something actually brings peace of mind with it. To cover one's craving for sensual pleasures with extreme austereness. To suppress something (possibly a forbidden or threatening passion) with extreme self-discipline. To let go of a false pretence of virtuousness, of moral infallibility. Loss of purity; loss of innocence - to grief over having besmirched oneself, over having become guilty of something. Lily-Bouquet Any virtue relevant in order to have friendly, harmonious, close relationships with other people: willingness to compromise, loving kindness, righteousness, compassion, altruism, generosity etc. To treat others well. Honest compliments; honest feedback. Presents with no strings attached; to give gifts not to get something in return but to make the other person happy. To behave virtuously in order to create an atmosphere in which everyone feels happy and safe. Lily-Scythe To radically, strictly, stop doing something for moral reasons. To clean something, to tidy up. A very thorough cleanup in a metaphorical sense. Virtues like orderliness and promptitude. The virtue of justice (because of the "you reap what you sow" aspect of the Scythe). To be so frugal there's hardly anything left; painful abstinence. To forgo something bad, to renounce something which is wrong. It's urgent - you need to do the right thing now! Lily-Whip Virtues which are relevant in conflict situations or when there's an argument - e.g. honesty, and willingness to listen, non-violence. Wise handling of conflicts. To stand up against abusive behaviour. Conflict about moral issues. Morally justifiable punishment. Atonement in order to set things right. Self-punishment in order to get rid of guilt. Sense of shame. Agonizing moralising. To be tormented by (one's own?) unrealistically high moral expectations. Someone innocent is being punished. Innocent argument, honest argument. Righteous wrath. Lily-Birds (Possibly unstructured, absent-minded or nervous) communication about moral issues. To communicate (a lot!) or gossip about moral issues (e.g. about someone's moral lapses). To worry about the morality of something. To be nervous/undecided about a moral issue. A stressful morally relevant situation. Fickle virtuousness. Because of all the many good but unfocused intentions one has there is the inability to act on even one of them effectively. Something which diverts from virtue. Conflict between the virtue of discretion and wanting to blab. The virtues of orderliness and self-discipline help in chaotic situations. Lily-Child A very innocent person; weak morality; virtuousness is easily broken. Growing virtue (in general, or specific virtues become stronger). To be inexperienced (and in need of guidance) in a morality relevant situation. Person whose own heart and mind are so pure that they are actually naive, gullible, and very vulnerable. A good child. Virtues needed for child-rearing or for handling inexperienced people who need guidance (e.g. patience, loving kindness, consistency etc.). Lily-Fox The virtue of proper self-care. To defend one's virtue / one's moral views. To keep oneself clean/pure. Someone whose sense of self is very closely bound to their virtue. Someone with Self-centred but honest intentions. To be upfront about one's intentions to look after oneself first. To be distrustful of someone's seemingly good intentions. To be distrustful of someone's (seeming) virtuousness, or of specific moral values. To adapt one's moral opinions and conduct to changed conditions. Lily-Bear A parent/teacher/boss with high moral standards; or who puts a lot of moral pressure on you; who wants you to be a good/better person. Someone extremely moralistic and obtrusively self-righteous. Someone who tells you what's right; moral guide, moral compass. Virtuousness in general or specific virtues dominate life - maybe to much so. Very strong moral sense. To protect one's moral purity. To keep things clean (also in a metaphorical sense!). Lily-Stars Virtuous hopes and wishes; to restrict one's wishes to that which one perceives as pure (and proper). To have very modest hopes and dreams. To trust (maybe too faithfully?) in someone's good intentions. (New Year's) resolutions; to want to become a better person. To believe that becoming a better person is the ultimate purpose of life. To find a lot of meaning and purpose in doing virtuous things. Lily-Stork One's moral values are transforming. The transformative power of acting virtuously. Treating another person well can transform them. The longing for peace (from inner disturbances); the longing to be innocent/pure again. To move on from an earlier state of life to a life more focused on virtuousness or peace. The virtue of accepting things one can't change. Someone is austere by nature. It's inevitable that we'll have to practice abstinence at some point if we don't want to lose ourselves. The moral nature of things. Recurring moral issues. Lily-Dog Virtues relevant to friendship, especially loyalty. A friend who is: loyal, impartial, virtuous, has good intentions, is stuck up, too disciplined. To be true to one's moral ideals. To stand by what one thinks is right. Utter devotion. To ask for moral guidance. To ask if it's okay to do something. Someone whose moral ideas are easily influenced. Lily-Tower Moral authority. To deny oneself many things; to live the life of a recluse, untouched by the troubles of the world. To keep anything or anyone away which/who might "stain" one's purity, or which might evoke passion. Moral boundaries. Virtues like respect(ing other people's boundaries), dignity, (self)discipline, incorruptible leadership. Pride in one's virtue. An "I'm a better person than X" attitude. Institutions/organisations which deal with morally relevant issues (e.g. churches - because of their focus on their own brand of virtue; the legal system - because it is supposed to bring justice; charities etc.) Lily-Garden To present as virtuous/righteous/pure etc. (although maybe one isn't, at least not as much). If one is honest and righteous there's nothing to hide - everything can be made public. Whistle-blowing. Community with strong moral values. Virtues upheld by a whole culture or a network. Virtues relevant to networking in particular / society as a whole. Social justice issues. Righteous politician. Honest representation; honest add campaign. To advertise one's virtues. To "clean up" society. Lily-Mountain Difficult moral considerations. An obstacle to virtue. To challenge someone's ideas of morality or specific moral values. To have difficulties being virtuous or with specific virtues. One's stubborn, cold virtuousness is an obstacle (e.g. to enjoying oneself). Virtuousness which can't be shaken; purity so solid it can't be soiled. The elephant in the room is a moral issue. Problematic austereness or self-chastising. The virtue of discretion; to keep silent about something for moral reasons - maybe even at personal costs. It's challenging to do the right thing. Problematic moral views or something which is morally problematic. Lily-Crossroad Moral relativism. A morally relevant choice. Wise choice. To choose virtue/purity/abstinence/peace etc. (possibly over something else). To go one's own moral way. To act according to moral virtues. Virtues we need in order to make (good) choices, e.g. wisdom, diligence, resolve. Virtues to do with being able to understand and evaluate different standpoints realistically, e.g. impartiality, reason. The Virtue of tolerance; accepting differences. Lily-Mice Moral corruption in general; bad morals; dwindling virtue. Corrupted virtues, e.g. dishonesty, injustice. Lack of virtue, e.g. lack of discipline, lack of courage etc. Something clean is being sullied. Pollution. One's resolve to stay abstinent wanes; to relapse. Virtue shields one from corruption; meticulous cleanliness (also metaphorically speaking) against dirt. Lily-Heart Emotional dispositions which are considered virtues: loving kindness, compassion, forgiveness, clemency. A very pure heart; no negative feelings or dishonest intentions. Deep but platonic love. To love what is pure. To find peace in a loving relationship. Lily-Ring To stick with what one has promised; honourableness; high degree of reliability. A morally good (pure) link, connection, or relationship. To commit to virtue, abstinence, or peace etc. To commit to something because it's the right thing to do. Virtues relevant when making connections or signing contracts, e.g. good intentions, fairness. Contentment with(in) a relationship. Shared moral values. A group whose members are bound together by a morally relevant purpose (e.g. helping others), or by their moralising. Someone who is very uptight. Lily-Book (Theoretical) knowledge about virtue. An education in morality. Pure, honest, undisguised facts. The virtue of truthfulness; to share knowledge/speak the truth when it is the right thing to do. To be at peace with the truth. A virtuous teacher. A role-model for virtuousness. To "come clean" about something. A very, very non-physical, non-sensual, (possibly too) intellectual approach. Lily-Letter Virtues important for communication: e.g. the willingness to listen, honesty. An honest conversation. Communication with the intent of making things better (for everyone concerned). Peace talks. To communicate peacefully, without aggression, no hateful remarks. Non-violent communication. To communicate one's honest, true intention. "Clean" communication - no false pretences or manipulation in one's communication. Lily-Man (a) Man who is: virtuous (in general, or specifically e.g. prudent, just, frugal, etc.), holier-than-thou, moralistic, self-righteous, pure, clean, well-intended, honest and upfront, righteous, innocent, blameless, wise, unassuming, impartial, humble, meek, peaceful (undisturbed, unagitated), content (modest), restrained, moderate, modest, sober, abstinent, chaste, austere, self-chastising, uptight, frigid. Goody-two-shoes. Moraliser. Man who is celibate - possibly a monk. Virgin. To do the morally right thing regarding a man. To make peace with a man. Man makes peace with something or someone. Lily-Woman (a) Woman who is: virtuous (in general, or specifically e.g. prudent, just, frugal, etc.), holier-than-thou, moralistic, self-righteous, pure, clean, well-intended, honest and upfront, righteous, innocent, blameless, wise, unassuming, impartial, humble, meek, peaceful (undisturbed, unagitated), content (modest), restrained, moderate, modest, sober, abstinent, chaste, austere, self-chastising, uptight, frigid. Goody-two-shoes. Moraliser. Woman who is celibate - possibly a nun. Virgin. To do the morally right thing regarding a woman. To make peace with a woman. Woman makes peace with something or someone. Lily-Man (b) Man who is: virtuous (in general, or specifically e.g. prudent, just, frugal, etc.), holier-than-thou, moralistic, self-righteous, pure, clean, well-intended, honest and upfront, righteous, innocent, blameless, wise, unassuming, impartial, humble, meek, peaceful (undisturbed, unagitated), content (modest), restrained, moderate, modest, sober, abstinent, chaste, austere, self-chastising, uptight, frigid. Goody-two-shoes. Moraliser. Man who is celibate - possibly a monk. Virgin. To do the morally right thing regarding a man. To make peace with a man. Man makes peace with something or someone. Lily-Woman (b) Woman who is: virtuous (in general, or specifically e.g. prudent, just, frugal, etc.), holier-than-thou, moralistic, self-righteous, pure, clean, well-intended, honest and upfront, righteous, innocent, blameless, wise, unassuming, impartial, humble, meek, peaceful (undisturbed, unagitated), content (modest), restrained, moderate, modest, sober, abstinent, chaste, austere, self-chastising, uptight, frigid. Goody-two-shoes. Moraliser. Woman who is celibate - possibly a nun. Virgin. To do the morally right thing regarding a woman. To make peace with a woman. Woman makes peace with something or someone. (Virtuous)Lily-(Sensual)Lily This combination is only possible if you use both versions of the Lily for your readings! Righteousness in one's sexual relationships; temperate or disciplined handling of sensual pleasures. A lover with good intentions. Conflict between wanting to enjoy sensual pleasures and the idea that this would not be virtuous. A frugal approach to food/drink. A very mature and wise person. (Virtuous)Lily-(Virtuous)Lily*) Extremely virtuous; hyper-clean; super-peaceful. Someone so flawless a person it is annoying. A true moraliser. Virtue is of the highest importance now. It would be the morally correct thing now to make moral considerations top priority. To be at peace with a frugal lifestyle; to be at peace with one's abstinence/celibacy. To act virtuously not just on the outside but motivated by a virtuous disposition and good intentions. Virtuousness arises from wisdom. Lily-Sun The virtue of shared joy because of a lack of envy. To find great joy in virtuous acts. To find true happiness in a frugal lifestyle. To do good things in order to become more popular. Superficial virtuousness. Peaceful ("quiet") happiness. Awareness of moral relevance. A peaceful ("quiet", undisturbed) day. The profound happiness which comes with wisdom. To spend one day fasting/forgoing something. Lily-Moon Profound virtuousness. To deal with one's deepest needs and fears in a wise way. Or: To try and counter one's deeper needs and fears with self-discipline and renunciation instead of allowing them to be sated/eased. Virtue/purity is very important now. Even if you don't believe it of yourself, deep down you're a good person! A peaceful night, undisturbed sleep. Good sleep hygiene. Virtues which are relevant when dealing with strong emotions: e.g. compassion or equanimity. Lily-Key Moral revelation; a moral aha-moment. To let virtuousness into one's life. The virtue of acceptance, of "letting in" (helping) strangers in need. The solution lies in virtuous behaviour. Virtues open doors. To be wise about what you allow. Someone with a very pure and open heart. Someone is so pure and well-meaning themselves that they let everything/everyone in (because of a lack of understanding of the evils of the world). Moral behaviour as a means to an end.   Lily-Fish Business ethics. Honest business dealings. To give money for a good cause. To highly value virtuousness. Moral ways of dealing with money. Fair trade and fair trade products. To be extremely frugal, maybe in order to appear virtuous. Too virtuous (too pure, too honest, too prudent, too disciplined etc.) To give/lend to those who need. To give/pay back what was borrowed. To find peace in letting go of money/things; to feel peaceful because one doesn't need more. Lily-Anchor Virtues which have to do with steadfastness: consistency, decidedness, dedication etc. To firmly stick with what you know is right. To focus on certain virtues. To lead a life centred around virtuousness. To be constrained by what one thinks is "proper". To hold on to (find safety in) acting virtuously. To keep someone grounded who desperately needs it. To well-meaningly hold on to something - but maybe it's not helpful. To restrict someone else because of one's own moral considerations. To get detention/grounded/imprisoned for misbehaviour. Compulsion to wash. Lily-Cross Virtues which are relevant to (your) religion, e.g. the Christian virtues faith, love, hope, or the Buddhist "sublime attitudes" compassion, shared joy, equanimity, loving kindness. Also: piety! To act virtuously out of religious fear. Virtuousness as a burden. To think that suffering is a virtue. The virtue of bearing suffering with dignity. To do the right thing even when it's difficult, even when it's burdensome. Selfless (altruistic) service. To make peace with pain/suffering.

[loyallogic]

Multidimensional Approach to Data Protection Laws in India, Loopholes and Solutions

This article is written by Deep Kumar Mohanty, a Third-year student from University Law College, Utkal University, Bhubaneswar.

Introduction

In recent times there is an unending occurrence of cybercrimes throughout the globe. The pilfering and sale of stolen data is happening transversely continents where physical territories façade no restraint or appear non-existent in this technological era. It is pertinent to note that India being the biggest mass of outsourced data might become the centre of cyber crimes as there is no express legislation for data protection in India.

Meaning of Data Protection

Data protection refers to the safeguarding of sensitive information from falling into the wrong hands in order to prevent corruption and nepotism. Sensitive information protection is based on 3 important functions such as a) controlling physical and logical access to sensitive information  b) Individual accountability of that sensitive information and identification of people who have access to it c) audit trails both physical and logical of who accessed the sensitive information i.e. who, when, how, what and why. [1]

Jurisprudential Dimensions of Data Protection

Data sharing is an intrinsic part of the right to privacy. Personal data such as birth date, financial capabilities, health are all included within the ambit of privacy. Privacy is a human right enjoyed by every human being which may extend to bodily integrity, personal autonomy, informational self-determination, protection from state surveillance, dignity, confidentiality, compelled speech and freedom to dissent or move or think.  The right of privacy is the right to be free from unwarranted publicity, to live a life of seclusion, and to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. [2]The Semayne’s Case (1604)[3] relates to the entry into a property by the Sheriff of London in order to execute a valid writ wherein Sir Edward Coke, while recognising a man’s right to privacy famously said that “the house of everyone is to him as his castle and fortress, as well for his defence against injury and violence, as for his repose”. The concept of privacy further developed in England in the 19th century and has been well established in today’s world. In case of Campbell v. MGN[4], the court held that if “there is an intrusion in a situation where a person can reasonably expect his privacy to be respected, that intrusion will be capable of giving rise to liability unless the intrusion can be justified”.

International Conventions and Reports

Article 12 of the Universal Declaration of Human Rights states, “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Article 17 of the International Covenant on Civil and Political Rights states that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”  Everyone has the right to the protection of the law against such interference or attacks.

Article 16 of the UNCRC states that” No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation. The child has the right to the protection of the law against such interference or attacks.

The gathering and holding of personal information on computers, data banks, and other devices, whether by public authorities or private individuals or bodies, must be regulated by law. Every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files. If such files have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination.[5]

Indian Jurisprudence on Privacy of Data

The Hon’ble Supreme Court in the case of K. S. Puttaswamy (Retd.) v Union of India[6] , in which case the ‘Aadhaar Card Scheme’ was challenged on the ground that collecting and compiling the demographic and biometric data of the residents of the country to be used for various purposes is in breach of the fundamental right to privacy embodied in Article 21 of the Constitution of India. The Hon’ble Supreme Court by its decision pronounced on August 24, 201711 unanimously held as under: –

M P Sharma[7] decision which mandates that the right to privacy is not protected by the Constitution stands over-ruled;

The decision in Kharak Singh[8] to the extent which states that the right to privacy is not protected by the Constitution stands over-ruled;

The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

Privacy is a constitutionally protected right which emerges primarily from the guarantee of life and personal liberty in Article 21 of the Constitution. Elements of privacy also arise in varying contexts from the other facets of freedom and dignity recognised and guaranteed by the fundamental rights contained in Part III.

Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes a right to be left alone. Privacy safeguards individual autonomy and recognises the ability of the individual to control vital aspects of his or her life. Personal choices governing a way of life are intrinsic to privacy. Privacy protects heterogeneity and recognises the plurality and diversity of our culture. While the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arenas, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place.

As per Article 21, an invasion of privacy must be justified on the basis of a law which stipulates a procedure which is fair, just and reasonable. An invasion of life or personal liberty must meet the three-fold requirement of (i) legality, which postulates the existence of law; (ii) need, defined in terms of a legitimate state aim; and (iii) proportionality which ensures a rational nexus between the objects and the means adopted to achieve them.

Various legislative enactments in India do not confer protection of all types of data

Information and Technology Act

Section 43A of the IT Act mandates that where a body corporate possessing, dealing or handling any sensitive personal data or information[9] in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures[10] thereby causing wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, which shall not exceed a sum of INR 5,00,00,000 (Rupees Five Crore).

Section 66 C deals with identity theft and states that whoever, fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment for a term which may extend up to three years and shall also be liable to a fine of up to INR 1,00,000

Section 72 requires that any person who has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned and thereafter, discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to INR 1,00,000 (Rupees One Lakh) , or with both. 

Section 72A mandates, any person, including an intermediary [11]who, while providing services under the terms of a lawful contract, has secured access to any material containing personal information.

Loopholes

The IT Act does not contain a definition of a data breach.

The provisions of the IT Act only deal with the collection and distribution of information by a ‘body corporate’.

IT Act does not include the overarching stipulation that interception can only transpire in the case of public emergency or in cases involving public safety. Additionally, section 69 of the IT Act mandates that any person or intermediary who fails to assist the specified agency with the interception, monitoring, decryption or provision of information stored in a computer resource shall be punished with an imprisonment for a term which may extend to seven years, and shall be liable for a fine.

The term “consent” has not been defined under the IT Act.

The Rules and provisions of the IT Act principally sought to shelter ‘personal information’ and ‘sensitive personal data or information’, i.e. the information related to (i) password; (ii) financial information such as bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; and (vi) biometric information. However, the information which is freely accessible in the public domain is not considered within the ambit of ‘sensitive personal data or information’.

Click Above

Aadhar Act, 2016

Biometric information means photograph, fingerprint, iris scan, or such other biological attributes of an individual as may be specified by regulations.[12]

Core biometric information means fingerprint, Iris scan, or such other biological attribute of an individual as may be specified by regulations.[13]

Demographic information includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specified by regulations for the purpose of issuing an Aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history.[14]

The Authority shall ensure the security of identity information and authentication records of individuals.[15]

No court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Authority or any officer or person authorised by it.[16]

Loopholes

Section 28 of the Act says that the Authority shall ensure the security of identity information and authentication records of individuals. Section 2(e) of the Act defined ‘authority’ which refers to the Unique Identification Authority of India established under sub-section (1) of Section 11 of the Act. It is to be noted that Section 139AA of the Income Tax Act, 1961 provides for the linking of Aadhaar to PAN. The provision was challenged in the Supreme Court and was subsequently upheld by a Hon’ble Division Bench of Justices A.K. Sikri and Ashok Bhusan in Binoy Viswam Case[17]. However, when Aadhaar is linked, the data which were collected by the UIDAI would be shared with the Income Tax Authorities. But, the Income Tax Act doesn’t provide for any designation or any authority for the purpose of protection of that information and data. Therefore, a major loophole remains in the decision.

Section 33(1) of the Act says that disclosure of information including identity information or authentication records may be made pursuant to an order of a court not inferior to that of a District Judge and further says that no order by the Court may be made under the sub-section shall be made without giving an opportunity of hearing to the UIDAI. However, it doesn’t provide for an opportunity of hearing to the data principal, which against the principles of natural justice and in contravention of observation of the Hon’ble Apex Court in Puttaswamy’s Constitutional Morality requires a Government not to act in a manner which would become violative of rule of law and not giving opportunity to the affected party is against the notion of rule of law. Hence, it is against constitutional morality.

As the centralised body for the storage and organization of information is Central Identities Data Repository (CIDR) there is an enormous possibility of data breach or piracy and once the centralised repository is hacked, it may lead to the breach of the personal data and information of millions of people.

As per Section 47(1), a court can take cognizance of an offence punishable under the Act only if a complaint is given by UIDAI or any officer or any other person authorised by it. Section 47 of the Act is arbitrary, irrational and illogical as it doesn’t provide a method to individuals to seek effectual remedies for violation of their right to privacy. Thus, it can be safely said that section 47 violates the rights of citizens to seek remedies in case of violation of their fundamental rights.

It is a fundamental principle that ownership of an individual’s data must at all times vest with the individual. But it is pertinent to note that the proviso to Section 28(5)[18] of the Aadhaar Act, disallows individual access to the biometric information that forms the core of his or her unique ID and thereby violates this fundamental principle.

As per Section 23(2)(s)[19] UIDAI which is administering the Aadhaar project is also accountable for establishing a grievance redressal mechanism in order to address grievances arising from Aadhar thereby massively compromising the independence of the grievance redressal body.

Section 29(4)[20] is too broad as it renders wide discretionary power to UIDAI to display, publish or post core biometric information of any person for purposes specified by the regulations.

Non Compliance of the mandates laid down by the Supreme Court in the Aadhar Amendment Act 2019

The Supreme Court in the Aadhar Judgement[21] (Para 322) has held, “ No doubt, the Government cannot take umbrage under the aforesaid provision to enlarge the scope of subsidies, services and benefits. ‘Benefits’ should be such which are in the nature of welfare schemes for which resources are to be drawn from the Consolidated Fund of India. Therefore actions by CBSE, NEET, JEE and UGC requirements for scholarship shall not be covered under Section 7 unless it is demonstrated that the expenditure is incurred from Consolidated Fund of India. We are of the opinion that the respondents shall not unreasonably expand the scope of ‘subsidies, services and benefits’ thereby widening the net of Aadhaar, where it is not permitted.” The court went on to elaborate that Sections 24 & 25 of the Aadhar Amendment Act 2019 mention about the utilize of Aadhaar by telecom service providers, banks and financial institutions for doing reporting functions under the Prevention of Money Laundering Act ( PMLA) which have no connection with subsidies, benefits, welfare or DBT. Merely making Aadhaar ( online or hard copy) as two out of four options in these sections, without mentioning the third one ( merely empowering the government to do so) and providing passport as the fourth one ( which a large majority do not possess) does not comply with the SC intent which primarily constrained use of Aadhaar to “ benefits” from the Consolidated Fund of India, as above restrictively defined.

Section 57 of the original act states, “Nothing contained in this act shall prevent the use of Aadhaar for establishing the identity of an individual for any purpose whether by the State or any body, corporate or person.” In a lengthy discussion on the Aadhaar Judgment (paras 355 to 367), Section 57 was declared unconstitutional and struck down of being too wide. The re-embodiment of the same invalid 57 is available in 5(7) of 2019 amendment Act, where an alike provision, expressly overriding all other provisions, allows compulsory use of Aadhaar alone if Parliament by any law ( not yet specified) so provides. Sections 24 and 25 discussed above, additionally reflect a similar reincarnation.

The Supreme Court in the Aadhar Judgement(Para 349), while upholding Section 33 which dealt with compulsory disclosure in interests of national security, altered the decision-maker from Joint Secretary to a higher level and considerably added, “ There has to be a higher ranking officer along with, preferably, a judicial officer.”

In the 2019 Aadhar Amendment Act though a Secretary level officer has been designated, no judicial element along with has been provided, thereby palpably violating the mandate laid by the Supreme Court.

Critical Analysis of Personal Data Protection Bill, 2018

It is pertinent to note here that there is no specific legislation for the protection of data in India. In 2006, the Personal Data Protection Bill, 2006 was introduced in the Rajya Sabha with a vision of providing protection to personal data and information of an individual collected for a particular purpose by an organisation and to prevent its usage by other organisations for commercial or other purposes. Subsequently in the wake of the decision of the Apex Court in Justice (Retd.) K.S. Puttaswamy v. Union of India (Right to Privacy matter), right to privacy being declared as a fundamental right, it was felt that it is essential to protect personal data as a facet of informational privacy. Hence, the Personal Data Protection Bill, 2018 was introduced in the Parliament with provisions covering aspects of protection of data. 

Loopholes

Though the bill provides a skeletal framework of a data protection law and attempts at covering some aspects of data protection yet it suffers from major loopholes.

1. Absence of guidelines for fair and reasonable data processing

As per the recommendations of Justice Srikrishna Committee courts of law and regulatory authorities should be allowed to develop principles of fair and reasonable data processing.  The Bill places the obligation on data fiduciaries to collect data in a fair and reasonable manner that respects the privacy of the individual but does not explicitly specify fair and reasonable manner of personal data processing which could result in fairness and reasonability principles to vary across fiduciaries processing similar types of data and fiduciaries in the same business may evolve and follow different standards.

2. Proposal for data localization is quite concerning

Data localization could cast an adverse impact on smaller data fiduciaries who resort to alternative cheaper storage mechanisms with compliance burden and raised costs and some of them may be dismayed from investing in India as a market because of extra costs arising from putting up duplicate servers as a result of which consumers may not have the choice of availing services of all data fiduciaries. In some cases where the data fiduciary is registered as an entity in a foreign country, law enforcement may not essentially be expedited. Furthermore, India needs to invest and enhance data centre infrastructure and grid capacity before mandating data localization.

3. Functions of the legislature for non-consensual processing of data is uncertain

Personal data may be processed if such processing is necessary for any function of Parliament or any State Legislature.[22] The Bill allows for processing of an individual’s personal data without their consent if it is necessary for any function of the Parliament or state legislature which is irrational and it is quite uncertain to predict about the possible requirement of the Parliament or State Legislature to access any personal data without the consent of the individual.

4. Certain types of data are exempted which may not satisfy test of proportionality

The State can process data for the purposes of (i) national security, (ii) prevention, investigation and prosecution of violations of law, (iii) legal proceedings, (iv) personal or domestic purposes, and (v) research and journalistic purposes.  A vital question is whether all exceptions provide in the Bill are justified. The Supreme Court, in Puttaswamy vs Union of India, allowed exceptions to the right to privacy of an individual only in cases where a larger public purpose backed by law is satisfied by the infringement of privacy of an individual and highlighted that the exemption must be necessary for and proportionate to achieving the purpose. Thus it is apparent that an exception for national security, pursuant to a law, may be justified.   But, it is uncertain if exceptions for legal proceedings, or for research and journalistic purposes meet the requisites of necessity and proportionality.

5. Data processing for providing all services of the state without consent  is unjustified

Personal data may be processed if such processing is necessary for the exercise of any function of the State authorised by law for (a) the provision of any service or benefit to the data principal from the State; or (b) the issuance of any certification, license or permit for any action or activity of the data principal by the State.[23]  The recommendations of Sri Krishna Committee cite that only those government entities which are exercising functions directly related to the provision of welfare should be allowed non-consensual processing of data and acknowledges that non-consensual processing by government entities for all types of public functions may be too broad to an exception to consent.  But the Bill utterly disregards the recommendation and allows non-consensual data processing for all services of the State.

6. A complaint may be filed only  in case of possibility of harm

A data principal may raise a grievance in case of a violation of any of the provisions of this Act, or rules prescribed, or regulations specified thereunder, which has caused or is likely to cause harm to such data principal, to— (a) the data protection officer, in case of a significant data fiduciary; or (b) an officer designated for this purpose, in case of any other data fiduciary.[24] It is questionable as to why the sheer violation of the rights of the principal isn’t sufficient to file a complaint. Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act if she proves that the offence was committed without her knowledge or that she had exercised all due diligence to prevent the commission of such offence. [25] The data principal also has to exhibit and prove that harm has been caused to them as a result of unlawful data processing thereby placing an unnecessary burden on the data principal.

7. No stipulated time limit for reporting data breach

If we take into consideration notifications of data breaches the bill states that the data breach notifications are to be made by the data fiduciary to the Data Protection Authority For India(DPAI) “as soon as possible”, in case they pose potential “harm” to data principals.[26] However, there is ambiguity in this provision as it does not explicitly mention how soon and within what stipulated time the breach is to be notified.

8. Discretionary reporting of data breaches could result in clash of interests

The Bill states that the fiduciary shall inform the DPA in the event of a data breach (i.e., accidental or unauthorised use or disclosure of data) only if such a breach is likely to cause harm to any data principal.[27]  The question which remains unanswered is whether the fiduciary should have the discretion to determine whether a data breach needs to be reported to the DPA. From a plain reading, we can interpret that the fiduciary has the discretion to determine if the data breach has caused data principal any harm. This could result in choosy reporting of data breaches which will avoid the DPA from being loaded with a high volume of low-impact data breach reports on one hand and on the other also not make the fiduciary responsibilities of the duty reporting. Conversely, there may be a clash of interest while deciding whether a breach is to be reported, as the fiduciary is regulated by the DPA and cases of breaches and promptness of notification are evaluated  in independent data audits ordered by the DPA whose  results are summarised into a score, made public and influences the insight of a fiduciary’s trustworthiness.

9. Arrest, Detention, Attachment of Properties in the form of compensation can be made by DPA without court order

The Recovery Officer, per the orders of the Data Protection Authority, may conduct several enforcement actions against a person including (i) attachment and sale of the persons movable property; (ii) attachment of the persons bank accounts; (iii) attachment and sale of the persons immovable property; (iv) arrest and detention of the person in prison; (v) appointing a receiver for the management of the persons movable and immovable properties.[28] The Bill vests unfettered power to the Recovery Officer to act in pursuance of the orders of the Data Protection Authority and do not stipulate approval of a court order for the above enforcement actions unlike the RBI[29] or the IRDA.[30]

10. The definitions of ‘Serving copy’ and ‘Critical personal data’ are not provided

It is uncertain what is meant by a ‘serving copy’ of data.  It might be alive, an actual time reproduction of data on a server within India, or it might be a backup at a particular frequency. The exclusive definition needs to be provided, as expenses, implications and execution timelines for fiduciaries would differ substantially with the exact nature of a ‘serving copy’.  Furthermore, what covers the ambit of ‘critical personal data’ needs to be explicitly mentioned, as it is an indispensable prerequisite for fiduciaries to prepare for storing this data solely in India.

Comparative Study of the European Union’s General Data Protection Regulation (GDPR) and the Personal Data Protection Bill, 2018

However Section 27(1) which says that the data principal shall have the right to restrict or prevent continuing disclosure of personal data by a data fiduciary related to the data principal where such disclosure (a) has served the purpose for which it was made or is no longer necessary; (b) was made on the basis of consent. The major difference is that in India, a citizen has not been warranted the right to demand his/her data to be erased. Data reassure, which is an article in itself in GDPR does not even find a mention in the Indian draft bill.

Sharing of source of personal data to data principal The data fiduciary does not need to share the source of the personal data to the data principal in case the data has not been collected from him/her as per PDPB which is an explicit requirement in GDPR.

As per the Personal Data Protection Bill notifications of data breaches are to be made by the data fiduciary to the Data Protection Authority For India(DPAI) “as soon as possible”, in case they pose potential “harm” to data principals but does not explicitly mention how soon and within what stipulated time the breach is to be notified in contrast to GDPR which has a time limit of 72 hours.

Breach notification to data subject is required in GDPR whereas in PDPB it depends upon discretion of DPA In case of a breach, there’s no requirement by Indian draft bill to share it with the data principal; rather, the data protection authority shall determine whether such breach should be reported to the data principal. This is also in contrast to GDPR provisions.

Accountability GDPR places more emphasis on explicit accountability for data protection thereby putting a straight responsibility on companies to prove that they comply with the principles of the regulation, rather than the hands-off approach of the Data Protection Act which means firms will have to perform mandatory activities such as staff training, internal data audits and keeping detailed documentation if they wish to avoid falling foul of the GDPR rules.

GDPR explicitly requires data principal to be provided a copy of data processing whereas PDPB vaguely mentions summary of data to be provided GDPR requires that the data subject (data principal) is provided with a copy of data undergoing processing. The Indian legislation mandates a summary of that data to be shared, with no definition of what that summary is.

Obligation on data fiduciary There is no obligation on data fiduciary in the Bill to share with the data principal for how much time period the data will be stored while collecting or at any time, as GDPR mandates.

The Data Protection Bill does not mandate the data fiduciary to allocate the names and categories of other recipients of the personal data with the data principal, unlike GDPR.

Consent policies Under the PDPB data compilation does not essentially mandate an opt-in but under GDPR apparent privacy notices are provided to consumers, allowing them to make a well-versed decision on whether they should consent to allow their data to be stored and used and the consent can be withdrawn at any time.

Recommendations

The PDPB should exclusively mention rules and guidelines for the fair and reasonable principles of data processing by data fiduciaries because the provisions of Section 4 of the Bill mandates that the data fiduciary should collect data in a logical and fair method.

The Data Protection bill should authorize the Data Protection Authority to declare templates for an assortment of consent, and the required businesses should comply with these templates.

The mention of incidental purposes and the ambiguous language of Section 5(2) of the Bill should be abrogated in order to avoid misinterpretation.

Section 32 of the Personal Data Protection Bill should incorporate a specific time limit to report the breach of data by the data fiduciary to the data processor instead of using a vague term like as soon as possible.

The provisions of Section 13 are very wide and there is a possibility that this provision might be arbitrarily used under the blanket of state functions and therefore this provision must define in a more elaborate and detailed manner the realm of necessary data.

Data fiduciaries might be required to supply information about any data breaches on their website to ensure transparency.

Insertion of a qualified right to erasure in the Bill as mandated in the GDPR will be of significant importance to the privacy rights of the people.

In case there is a breach of data then in such a case the Data Protection Authority in order to maintain transparency could make the data protection impact estimation and data audits available publicly.

Though the bill prescribes broad principles, more work needs to be done in order to make consent work in practice.

Conclusion

Though the existing laws in India do not confer necessary data protection but India is on the way of drafting a legislative enactment for data protection. A deep insight into the above loopholes and further debates and discussions in the Parliament to provide necessary recommendations to eradicate the same would pave the way for creating a strong data protection law in India. 

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Endnotes

[1]  W. Boni and G.L.Kovacich, Netspionage: Global Threat to Information, 147( 1st ed., 2000)

[2] Strutner v Dispatch Printing Co., 2 Ohio App. 3d 377 (Ohio Ct. App., Franklin County 1982).

[3] Peter Semayne v Richard Gresham, 77 ER 194.

[4] 2004 UKHL 22.

[5] UN Doc. HRI/GEN/1/Rev.9, General Comment No. 16: Article 17, para 10.

[6] (2015) 8 SCC 735.

[7] M. P. Sharma and Ors. v Satish Chandra, District Magistrate, Delhi and Ors 1954 SCR 1077

[8] Kharak Singh v State of Uttar Pradesh and Ors, (1964) 1 SCR 334

[9] The term “sensitive personal data or information” of a person is defined to mean such personal information which consists of information relating to— (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise: provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these regulations.

[10] The term “reasonable security practices and procedures” has been defined to mean security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.

[11] The term “intermediary” with respect to any particular electronic records, has been defined to mean any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online auction sites, online market places and cyber cafes.

[12] S.2(g), The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

[13] S.2(j), The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

[14] S.2(k), The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

[15] S.28, The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

[16] S.47, The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016

[17] Binoy Viswam v. Union of India and Ors (2017)7 SCC 59

[18] Notwithstanding anything contained in any other law for the time being in force, and save as otherwise provided in this Act, the Authority or any of its officers or other employees or any agency that maintains the Central Identities Data Repository shall not, whether during his service or thereafter, reveal any information stored in the Central Identities Data Repository or authentication record to anyone: Provided that an Aadhaar number holder may request the Authority to provide access to his identity information excluding his core biometric information in such manner as may be specified by regulations.

[19]  Section 23(2)(s) states, ”Without prejudice to sub-section (1), the powers and functions of the Authority, inter alia, include— (s) setting up facilitation centres and grievance redressal mechanism for redressal of grievances of individuals, Registrars, enrolling agencies and other service providers;”

[20] Section 29(4) states that”No Aadhaar number or core biometric information collected or created under this Act in respect of an Aadhaar number holder shall be published, displayed or posted publicly, except for the purposes as may be specified by regulations.”

[21] K.S. Puttaswamy v. Union of India

[22] S.13(1), Personal Data Protection Bill 2018

[23] S.13(2), Personal Data Protection Bill, 2018

[24] S.39(2), The Personal Data Protection Bill, 2018

[25] S.96(2), The Personal Data Protection Bill, 2018

[26] S.32(3), The Personal Data Protection Bill, 2018

[27] Ibid

[28] S.78, The Personal Data Protection Bill, 2018

[29] Reserve Bank of India

[30] Insurance Regulatory and Development Authority

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The Easiest Way to Charge & Activate Talismans or Amulets

In many modern Pagan traditions, amulets must be consecrated before their use. We do this because of two main reasons:

It cleanses and purifies the amulet, removing any residual energies from whoever handled it before you.

It activates its Power so it can interact and communicate with the Divine. 📿

This is especially useful if you don’t know who owned the amulet/talisman before you, or if the person who sold it to you was in contact with it, unintentionally passing their energies, good and bad.

This ritual works just like the consecration of your tools. It’s a small ceremony in which you invite the object to become a part of your identity and your spiritual path. By consecrating and blessing it, we are giving life to the tool, recognising its Power to change our life. Let’s see how to activate an amulet with a simple Wiccan ritual.

Ritual Consecration of an Amulet or Talisman

By offering the amulet or talisman to the Four Elements, it is consecrated and blessed from all directions.

Preparation

The preparation of a sacred space is important. You will need a quiet place, an altar or table, and enough time to perform the ceremony without rushing.

Think clearly about the reason why you want to consecrate this talisman or amulet. What is it that you want to bring to your life. It’s a good idea to write it down, even if it’s just a line or two on a piece of paper.

Each ingredient corresponds to one of the cardinal elements and directions. Place them on your altar each facing their corresponding direction. Learn more about this setup clicking here.

The salt represents Earth and faces North.

The incense represents Air and faces East.

The candle represents Fire and faces South.

The chalice with water represents Water and faces West.

Find more guided rituals here: #CastAlong Videos

The Easiest Way to Charge & Activate Talismans or Amulets

Recipe by Francisco Huanaco

Difficulty: Easy

Activate a Talisman with the Wiccan Powers of the Elements. This simple ritual will charm any amulet or object with protection, good luck or any other intention.

INGREDIENTS

1 white candle

1 glass of water (or your chalice)

1 small bowl of salt

1 incense stick (pick any aroma that speaks to you)

HOW TO ACTIVATE THE TALISMAN

Light the candle and incense.

Take the amulet you want to consecrate in your hands and stand facing North.

Hold it over the salt and say the following chant:

Turn to the East, and while holding the amulet over the incense smoke, chant:

Turn to the South and hold the amulet over the candle flame – be careful not to burn it – and chant:

Finally, turn to the West, and hold your amulet over the glass of water. Chant:

Hold the amulet up in the air, and say:

Read out loud or state the purpose of your amulet.

Wear the amulet or carry it with you and don’t take it off for the next 5 days.

How do you wear the amulet?

Carry the amulet in a pocket, a wallet, as a bracelet, pendant, necklace, keychain or in any other way you can think of. It is now a sacred piece of jewellery that will help you attract what you want, such as love, money or other things. Never doubt its Power. If after wearing it for some time you don’t feel comfortable wearing it, try doing the consecration again.

What is the difference between an Amulet and a Talisman?

Amulets generally offer protection by different means, for example attracting good luck, removing negative energies, bad spirits, preventing psychic attacks, anxiety and illness. Amulets are worn by people as a spiritual mechanism of defence, to act as a shield that blocks evil that surrounds them.

Talismans attract a more specific energy. You could create or consecrate a talisman to attract wealth, or a new job, or to improve your relationship. If you’re struggling with any particular aspect of your life, whatever it is, you can charge a talisman with the frequencies you want to attract and then wear it.

What objects can I use to make an amulet?

You can make an amulet or talisman from any object that you can carry with you. It could be a ring, a stuffed animal, a coin, a prayer card, even a piece of paper. However, the more meaning the object has, the stronger its Power will be. I suggest that you create an amulet using something that has real value to you and that you can understand its meaning and symbolism.

11 Common Amulets and their Meanings

Blue Bead

Also known as the Turkish Eye or Nazar, this eye is a traditional amulet of Assyrian origin which spread all around the world. It is usually worn around the neck and it offers protection against negative energies and envy (such as those caused by the Malocchio or “Evil Eye”) as well as attracting luck. Keep it close to you by wearing it as a necklace, bracelet, or keychain. To bring good luck to your home, hang it near the front door.

Hamsa

The Hamsa or Hand of Fatima (after the daughter of the prophet Muhammad) is a very popular amulet in the Middle East. Hamsa means “five” in Arabic, symbolising the five fingers of a hand. It is also worn to ward off the Evil Eye and other negative influences. It attracts happiness, luck, and fortune. The open hand is present in several Eastern doctrines and its meaning varies according to each religion. In Buddhism, for example, it bears the name of Abhayamudrā and serves as a talisman against fear.

Elephant

This tradition comes from India, where elephants are venerated and considered wise and strong animals. An elephant represents strength, dignity, balance and perseverance. It’s common to have an elephant ornament at home or on the office desk, with its back facing the front door. The red version of the elephant also brings protection against the Evil Eye.

Triple Moon / Goddess

The Goddess is the Universal Mother. She is the source of fertility, of infinite wisdom and love. The Goddess, while representing the feminine character of creation, also represents the states of life as the Triple Goddess. It is also associated with feminine energy, mystery and psychic abilities. The symbol of the Triple Goddess ☽✪☾ is often seen in crowns or other parts of the head, especially.

Dream Catcher

They were originally used by the Ojibwe people, one of the native tribes of North America. For the Ojibwe, dream catchers were able to filter dreams by letting only good dreams through, while bad dreams would get caught in the net and disappear with the first light of dawn.

Some people give it a different meaning, taking the word “dreams” in the sense of “aspirations” and “goals”, so they believe that the dream catchers help to achieve a goal in life.

Yin Yang

The yin yang is a principle of Chinese philosophy, where two opposite energies need and complement each other. The yin and yang are concepts from Taoism, which displays the duality of everything that exists in the Universe. Yang is a luminous, positive energy that presents itself intensely, whereas yin is a passive, negative light..The yin and yang is a symbol of harmony due to the balance produced by the interaction of the two energies.

Orizuru

Considered a sacred bird of Japan, the Orizuru (or Crane) has become a symbol of health, good luck, happiness, longevity and fortune. It is also associated with eternal love and fidelity, since cranes are monogamous birds. According to the Japanese legend, if a person makes 1000 origami tsurus while visualising their wish, it will be fulfilled.

Pentagram

The pentagram or five-pointed star was already used by Pythagoras around 554 BCE as a symbol of health and wholeness. For modern Wiccans, the pentagram has many meanings: The five points correspond to the elements of Air, Earth, Fire and Water, with the top corresponding to Spirit. It can also reference Universal Wisdom, or humanity in union with its environment.

Crescent Moon

This phase of the moon is the archetype of the Maiden (Diana/Artemis), a young virgin who is receptive to new experiences, enthusiastic and joyful. The crescent moon phase is considered a moment of creation and manifestation. It’s the alchemical symbol for silver, and it means new beginnings, strength, and seeds being planting both in reality and symbolically. It can help you increase self-esteem, develop motivation, and move forward.

Cross

The cross was the method of execution of Jesus Christ. It represents the victory of Christ over death and sin, because according to these beliefs, Jesus overcame death in itself and rescued humanity from condemnation. Some mystical interpretations interpret that the vertical portion represents the divinity in Jesus and the horizontal portion his humanity.

Ankh

The ankh is an Egyptian hieroglyph meaning “life”. It is also called the “key of life” or the “Egyptian cross”. In Ancient Egypt, it was a symbol of the search for immortality, but also of rebirth and an early concept of life after death. The goddess Isis usually carries an ankh. She is the sister and wife of Osiris, and represents the mother, queen, and goddess of all Egyptian gods.

https://spells8.com/charge-activate-talisman-amulet/

[howieabel]

"It is true that anarchists and socialists have always profoundly disagreed in their concepts of historic evolution and the revolutionary crises that this evolution creates, and consequently they have hardly ever been in agreement on the means to adopt, or the opportunities that have existed from time to time to open up the way towards human emancipation. But this is only an incidental and minor disagreement. There have always been socialists who have been in a hurry just as there are also anarchists who want to advance with leaden feet, and even some who do not believe at all in revolution. The important, fundamental dissension is quite another: socialists are authoritarians, anarchists are libertarians. Socialists want power, whether by peaceful means or by force is of no consequence to them, and once in office, wish to impose their programme on the people by dictatorial or democratic means. Anarchists instead maintain, that government cannot be other than harmful, and by its nature it defends either an existing privileged class or creates a new one; and instead of aspiring to take the place of the existing government anarchists seek to destroy every organism which empowers some to impose their own ideas and interests on others, for they want to free the way for development towards better forms of human fellowship which will emerge from experience, by everybody being free and having, of course, the economic means to make freedom possible as well as a reality. It seems unbelievable that even today, after what has happened and is happening in Russia (1921), there are still people who imagine that the differences between socialists and anarchists is only that of wanting revolution slowly or in a hurry. Social democrats start off from the principle that the State, government, is none other than the political organ of the dominant class. In a capitalistic society, they say, the State necessarily serves the interests of the capitalists and ensures for them the right to exploit the workers; but that in a socialist society, when private property were to be abolished, and with the destruction of economic privilege class distinctions would disappear, then the State would represent everybody and become the impartial organ representing the social interests of all members of society. Here a difficulty immediately arises. If it be true that Government is necessarily, and always, the instrument of those who possess the means of production, how can this miracle of a socialist government arising in the middle of a capitalist regime with the aim of abolishing capitalism, come about? Will it be as Marx and Blanqui wished by means of a dictatorship imposed by revolutionary means, by a coup de force, which by revolution decrees and imposes the confiscation of private property in favour of the state, as representative of the interests of the collectivity? Or will it be, as apparently all Marxists, and most modern Blanquists believe, by means of a socialist majority elected to Parliament by universal suffrage? Will one proceed in one step to the expropriation of the ruling class by the economically subjected class, or will one proceed gradually in obliging property owners and capitalists to allow themselves to be deprived of all their privileges a bit at a time? All this seems strangely in contradiction with the theory of “historic materialism” which is a fundamental dogma for Marxists. “Communism is the road that leads in the direction of anarchism.” This is the theory of the bolsheviks; the theory of marxists and authoritarian socialists of all schools. All recognise that anarchy is a sublime ideal, that it is the goal towards which mankind is, or should be, moving, but they all want to become the government, to oblige the people to take the right road. Anarchists say instead, that anarchy is the way that leads to communism or elsewhere. To achieve communism before anarchy, that is before having conquered complete political and economic liberty, would mean (as it has meant in Russia) stablising the most hateful tyranny, to the point where people long for the bourgeois regime, and to return later (as will happen in Russia) to a capitalistic system as a result of the impossibility of organising social life which is bearable and as a reaction of the spirit of liberty which is not a privilege of the “latin spirit” as the Communist foolishly accuses me of saying, but a necessity of the human spirit for action in Russia no less than in Italy. However much we detest the democratic lie, which in the name of the “people” oppresses the people in the interests of a class, we detest even more, if that is possible, the dictatorship which, in the name of the “proletariat” places all the strength and the very lives of the workers in the hands of the creatures of a so-called communist party, who will perpetuate their power and in the end reconstruct the capitalist system for their own advantage. When F. Engels, perhaps to counter anarchist criticisms, said that once classes disappear the State as such has no raison d’etre and transforms itself from a government over men into an administration of things, he was merely playing with words. Whoever has power over things has power over men; whoever governs production also governs the producers; who determines consumption is master over the consumer. This is the question; either things are administered on the basis of free agreement among the interested parties, and this is anarchy; or they are administered according to laws made by administrators and this is government, it is the State, and inevitably it turns out to be tyrannical. It is not a question of the good intentions or the good will of this or that man, but of the inevitability of the situation, and of the tendencies which man generally develops in given circumstances. What is the true basis of the differences between anarchists and State communists? We are for freedom, for the widest and the most complete freedom of thought, organisation and action. We are for the freedom of all, and it is therefore obvious, and not necessary to continually say so, that everyone in exercising his right to freedom must respect the equal freedom of everybody else; otherwise there is oppression on one side and the right to resist and to rebel on the other. But State communists, to an even greater extent than all other authoritarians, are incapable of conceiving freedom and of respecting for all human beings the dignity that they expect, or should expect, from others. If one speaks to them of freedom they immediately accuse one of wanting to respect, or at least tolerate, the freedom to oppress and exploit one’s fellow beings. And if you say that you reject violence when it exceeds the limits imposed by the needs of defence, they accuse you of pacifism, without understanding that violence is the whole essence of authoritarianism, just as the repudiation of violence is the whole essence of anarchism." - Errico Malatesta, Anarchism, Authoritarian Socialism and Communism

[motivationsuccess]

"Creativity is the key to success in the future, and primary education is where teachers can bring creativity in children at that level." 

education 

“Great dreams of great dreamers are always transcended.”

"Nations consist of people. And with their effort, a nation can accomplish all it could ever want."

“To become ‘unique,’ the challenge is to fight the hardest battle which anyone can imagine until you reach your destination.”

"There has to be a global mission of human progress."

 “You have to dream before your dreams can come true.”

Great teachers emanate out of knowledge, passion and compassion.

"Real education enhances the dignity of a human being and increases his or her self-respect. If only the real sense of education could be realized by each individual and carried forward in every field of human activity, the world will be so much a better place to live in."

“Without your involvement, you can’t succeed. With your involvement, you can’t fail.”

 “In this world, fear has no place. Only strength respects strength.”

“My message, especially to young people is to have the courage to think differently, courage to invent, to travel the unexplored path, courage to discover the impossible and to conquer the problems and succeed. These are great qualities that they must work towards. This is my message to the young people.”

 “My view is that at a younger age your optimism is more and you have more imagination etc. You have less bias.”

“I was a disadvantaged child from a non-educated family, yet I had the advantage of being in the company of great teachers.”

“Look at the sky. We are not alone. The whole universe is friendly to us and conspires only to give the best to those who dream and work.”

“Success is when your Signature changes to Autograph.”

“Thinking should become your capital asset, no matter whatever ups and downs you come across in your life.”

"Teaching is a very noble profession that shapes the character, caliber, and future of an individual. If the people remember me as a good teacher, that will be the biggest honour for me."

We should not give up and we should not allow the problem to defeat us.

“Never stop fighting until you arrive at your destined place – that is, the unique you. Have an aim in life, continuously acquire knowledge, work hard, and have the perseverance to realize the great life.”

"My message, especially to young people is to have courage to think differently, courage to invent, to travel the unexplored path, courage to discover the impossible and to conquer the problems and succeed. These are great qualities that they must work towards. This is my message to the young people."

“To succeed in your mission, you must have single-minded devotion to your goal.”

“It means, people who are in high and responsible positions if they go against righteousness, righteousness itself will get transformed into a destroyer.”

“Science is a beautiful gift to humanity; we should not distort it.”

“This is my belief that through difficulties and problems God gives us the opportunity to grow. So when your hopes and dreams and goals are dashed, search among the wreckage, you may find a golden opportunity hidden in the ruins.”

"If we are not free, no one will respect us"

"It's when children are 15, 16 or 17 that they decide whether they want to be a doctor, an engineer, a politician or go to the Mars or moon. That is the time they start having a dream, and that's the time you can work on them. You can help them shape their dreams."

“Educationists should build the capacities of the spirit of inquiry, creativity, entrepreneurial and moral leadership among students and become their role model”

“If you fail, never give up because FAIL means “First Attempt In Learning”.

“Dream, dream, dream. Dreams transform into thoughts and thoughts result in action.”

“Unless India Stands Up to the World, No one Will Respect Us. In this World, Fear has no Place. Only Strength Respects Strength.”

 “Be more dedicated to making solid achievements than in running after swift but synthetic happiness.”

“It Is Very Easy To Defeat Someone, But It Is Very Hard To Win Someone.”

“We should not give up and we should not allow the problem to defeat us.”

 “Small aim is a crime.”

 “When learning is purposeful, creativity blossoms. When creativity blossoms, thinking emanates. When thinking emanates, knowledge is fully lit. When knowledge is lit, economy flourishes.”

“The best brains of the nation may be found on the last benches of the classroom.”

“No sanction can stand against ignited minds.”

 “No religion has mandated killing others as a requirement for its sustenance or promotion.”

“End is not the end, in fact END means “Effort Never Dies” – If you get No as an answer, remember NO means “Next Opportunity”. So let’s be positive.”

 “Let us sacrifice our today so that our children can have a better tomorrow.”

 “The bird is powered by its own life and by its motivation.”

 “Black Colour is Sentimental BAD, But Every Black Board Makes the Students Life Bright.”

 “DREAM is not what you see in Sleep, Dream is the thing which Doesn’t Let You Sleep.”

“All Birds find shelter during a rain. But Eagle avoids rain by flying above the clouds.”

“Let me define a leader. He must have vision and passion and not be afraid of any problem. Instead, he should know how to defeat it. Most importantly, he must work with integrity.”

“Don’t take rest after your first victory because if you fail in second, more lips are waiting to say that your first victory was just luck.”

 “Where there is righteousness in the heart, there is harmony in the house; when there is harmony in the house, there is order in the nation; when there is order in the nation, there is peace in the world.”

“Life is a difficult game. You can win it only by retaining your birthright to be a person.”

 “You see, God helps only people who work hard. That principle is very clear."

“Man needs his difficulties because they are necessary to enjoy success.”

“You can’t change your future but you can change your habits and surely your habits will change your future.”

“Be active! Take on responsibility! Work for the things you believe in. If you do not, you are surrendering your fate to others.”

 “When the problem arises — become the captain of the problem and defeat it”

“Before God trusts you with success, you have to prove yourself humble enough to handle the big prize”

“If a country is to be corruption free and become a nation of beautiful minds, I strongly feel there are three key societal members who can make a difference. They are the father, the mother and the teacher.”

“When we tackle obstacles, we find hidden reserves of courage and resilience we did not know we had. And it is only when we are faced with failure do we realise that these resources were always there within us. We only need to find them and move on with our lives.”

 “Don’t read success stories, you will only get a message. Read failure stories, you will get some ideas to get success.”

"If four things are followed - having a great aim, acquiring knowledge, hard work, and perseverance - then anything can be achieved."

“Love your job but don’t love your company, because you may not know when your company stops loving you.”

"The purpose of education is to make good human beings with skill and expertise. Enlightened human beings can be created by teachers."

"One of the very important characteristics of a student is to question. Let the students ask questions."

“While children are struggling to be unique, the world around them is trying all means to make them look like everybody else.”

"Never stop fighting until you arrive at your destined place - that is, the unique you. Have an aim in life, continuously acquire knowledge, work hard, and have perseverance to realise the great life."

"In a democracy, the well-being, individuality and happiness of every citizen is important for the overall prosperity, peace and happiness of the nation."

"Let me define a leader. He must have vision and passion and not be afraid of any problem. Instead, he should know how to defeat it. Most importantly, he must work with integrity."

"Regarding marriage, it - somehow, it didn't happen. One fellow in such a big family not getting married is not an issue."

"Be more dedicated to making solid achievements than in running after swift but synthetic happiness."

"My 2020 Vision for India is to transform it into a developed nation. That cannot be abstract; it is a lifeline."

"I have met 18 million youth, and each wants to be unique."

"What is politics? Political system is equal to development politics plus political politics."

"The President's post should not be politicised. Once a president is elected, he is above politics"

"For me, there is no such thing as a negative experience"

"Where there is righteousness in the heart, there is beauty in the character. When there is beauty in the character, there is harmony in the home. When there is harmony in the home, there is order in the nation. When there is order in the nation, there is peace in the world"

"For me, there are two types of people: the young and the experienced."

"We have not invaded anyone. We have not conquered anyone. We have not grabbed their land, their culture, their history and tried to enforce our way of life on them."

"War is never a lasting solution for any problem."

"There is not enough funding for basic sciences in India. We have to invest in a big way, and I am pushing that idea."

"Tell me, why is the media here so negative? Why are we in India so embarrassed to recognise our own strengths, our achievements? We are such a great nation. We have so many amazing success stories but we refuse to acknowledge them. Why?"

"Science has revealed that the human body is made up of millions and millions of atoms... For example, I am made up of 5.8x10 27 atoms"

"When grand plans for scientific and defence technologies are made, do the people in power think about the sacrifices the people in the laboratories and fields have to make?"

"The youth need to be enabled to become job generators from job seekers."

"All wars signify the failure of conflict resolution mechanisms, and they need post-war rebuilding of faith, trust and confidence"

"One of the more difficult tasks for me as president was to decide on the issue of confirming capital punishment awarded by courts... to my surprise... almost all cases which were pending had a social and economic bias."

"Over the years, I had nurtured the hope to be able to fly; to handle a machine as it rose higher and higher in the stratosphere was my dearest dream"

"God, our Creator, has stored within our minds and personalities, great potential strength and ability. Prayer helps us tap and develop these powers."

"I was willing to accept what I couldn't change"

via SOFT SKILL AND MOTIVATION

[golicit]

Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward

Umesh Pratapa

In the following guest post, Umesh Pratapa takes a look at the state of liability insurance in India. Liability insurance apparently is not yet widespread in India, for reasons that Umesh examines below.  Umesh also takes a look at the possible future for liability insurance in India. Umesh’s article was originally published in The Journal of the Insurance Institute of India (April – June 2019 issue).  EDITOR’S NOTE: The symbol “₹” is the sign for Indian Rupees.  A”crore” is a unit count of ten million in the Indian numbering system, abbreviated “cr.” A “lac” or “lakh” is a unit count of one hundred thousand in the Indian numbering system. I would like to thank Umesh for his willingness to allow me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Umesh’s article.

  ****************************

“Awards of compensation are not law’s doles. In a discourse of rights, they constitute entitlements under law. Our conversations about law must shift from a paternalistic subordination of the individual to an assertion of enforceable rights as intrinsic to human dignity”

(Hon’ble Supreme Court of India – Jagdish v Mohan& Others- Civil appeal no. 2217 of 2018)

  * * * * * * * * * * *

Liability insurance has become a much talked about subject and is receiving well-deserved attention of the people both on the supply and demand side in India and also worldwide. Events and legislations in the recent past have kept this area in the limelight thanks to the media coverage and some significant legal pronouncements.

What is liability insurance?

In simple words, liability insurance is any type of insurance that protects the purchaser i.e. the insured against the risk of being sued or held legally liable for errors of omission and commission. Liability insurance policies provide for both defence costs and any legal pay-outs for which the insured is held liable.

The evolution of this line of insurance is rather slow in India. One of the early products is Public Liability Act insurance which was introduced following Bhopal gas tragedy in 1984. The Public Liability Insurance Act, 1991 was passed to provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.  Later, in response to the demands of global trade particularly after liberalisation of economy, professional indemnity insurance aka Errors & Omission liability insurance came into the Indian market for contractual compliance by the IT vendors. With Indian companies going outside India to raise capital, policies like D&O liability insurance policies were introduced. As the time went by and to meet the emerging market needs insurers started introducing other policies.

Liability insurance is not popular in India yet. It constitutes less than 2% of the general insurance Gross Written Premium.

Challenges and Reasons for low growth:

Dependence on institutionalized system of ex gratia compensation: One often notices that whenever there is a negligence resulting in loss to public like collapse of a bridge or building, there is clamour for exgratia payment which is mostly conceded by the governments. Often, these amounts are paid- “without acknowledging any obligation or entitlement”. This is perceived to displace the compensation function of a tort litigation and resultantly shadowing the importance of liability insurance.

  “Most of Dostoevsky’s novels employ a nameless narrator. A person who observes in-depth but at the same time removed from the process. Sometimes he ends up becoming a part of the story he is telling while other times he does not. In India, the legislature’s approach towards the development of tort law has adopted the same apathetic, removed attitude as that storyteller. And much like the storyteller it finds itself deeply involved and extricated in a predicament of its own making.”

 (Source: here )

No contingency fee system:  Contingency fee arrangement has been one of the distinguishing features of litigation in the United States. This  has significantly contributed to jurisprudence relating to compensation/ liability. It transformed from an illegal practice to an essential element of the American legal system affording ability to the needy access to the courts. In the Indian context, contingency fee system is not permitted. It is invalid under Advocates Act of India, 1961 as also under the Indian Contract Act. While there are pros and cons for the contingency fee system, the absence of this system acts as a deterrent on litigation, particularly tort litigation, as most of the claimants do not have the means to afford the high costs of litigation coupled with the delays and unpredictability in dispensation of justice. In the Indian context where legal literacy is low, if contingency fee system were to be introduced, it should come with enough safeguards to avoid its misuse and exploitation of the gullible.

Emphasis on retribution and not on restitution: The emphasis in legal system is more on retribution with criminal punishment rather than restitution with civil settlements. It is a good augury that in the recent past some enactments have started providing for consensus based settlements. One can see signs of this even if though they are faint.

Cultural distaste for suing: In the DNA of Indians, cultural distaste is embedded for suing, primarily due to the belief in divine ordainment. As they say – God has willed it .

Ignorance about liability insurance protection: Most of the citizenry is not aware of many legal rights including the right to get compensated by the wrongdoer. Unfortunately it is a malaise affecting Indian system in various spheres and not only relating to torts. Even highly educated sections who are otherwise well informed suffer from  liability insurance illiteracy.

Data Desert: There is no structured data available for launching or pricing a new product in terms of the events, costs or losses. This poses a big challenge to insurers to introduce a new product and price it properly.

Claims provision challenges: There could be delays in notifications and then the claims can be long tail claims. All this lead to the plenty of provisioning problems. Added to this are the legal outcomes on which Insureds do not have much control which may result in wrong reserving inviting issues from the regulators and shareholders. It gets more complex when cross border jurisdictions are involved.This is an issue for liability insurance underwriting anywhere in the world. The challenge is to develop the right skillset for the industry. And the responsibility majorly lies with the insurance carrier community.

Opportunities – What does the future hold for inability insurance ?

Notwithstanding the daunting challenges along the way, liability insurance market is set to expand well in future due to the reasons stated below:

Legal environment: It is undergoing significant changes in the country and globally moving in the direction of holding the wrong doer responsible for his actions and liable to face consequences. Emphasis on corporate governance as reflected in many changes brought about in the Companies Act  2013 has made D&O a known insurance policy in the corporate board rooms. Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts Act 2015  is an important step taken by the Government to expedite the justice delivery system as regards commercial disputes and make the time lines for resolution more predictable. The Act recognises that commercial disputes require different way of handling, as its effective resolution is an important factor for the growth of investment and the overall economic and social development of a country. The Act provides for a separate set of commercial courts to be set up by State Governments at the District level to try suits and claims pertaining to commercial disputes of a value of at least ₹1 crore and above. The changes contemplated in the consumer protection laws are likely to make goods and services providers more accountable which will increase demand for product liability and professional indemnity policies. Similarly the data protection legislation which is in  draft bill form now is likely enhance traction for cyber insurance. Organisations are beginning to worry more about liability issues these days because of the changing legal, economic, political and social landscape.

Increasing Legal expenses: Corporate legal expenses are ballooning and this is too well known. It becomes more worrisome when cross border disputes are involved. some of the leading Indian lawyers are known to charge approximately ₹ 30 lacs per day in addition to other expenses. Without appropriate and adequate insurance protection, it becomes difficult to withstand these expenses which would otherwise prove a burden on the insured’s P&L account.

Mandatory requirements: It is a normal practice in sectors like IT industry that the principals insist on liability insurance policies like professional indemnity and commercial general liability policies to be put in place before awarding or commencement of the projects.

Globalisation of trade: Whether it relates to providing capital or purchase of services or goods, foreign investors/ buyers are keen to protect their interests by way of indemnities and also insurance covers. Culturally also, it has a rub off effect.

Supply side: Why is it gaining the attention of insurance companies?

Profitability: Historically and continuously liability insurance portfolio has been a profitable business. Facts speak for themselves.

India – Liability Insurance – Gross and Net Incurred Claims Ratio

Year Gross Incurred Claims Ratio

  Net Incurred Claims Ratio 2008-09 41.1% 37.3% 2009-10 57.6% 47.9% 2010-11 43.4% 35.2% 2011-12 44.7% 34.6% 2012-13 43.8% 40.2% 2013-14 30.2% 26.2% 2014-15 31.4% 24.3% 2015-16 40.1% 30.6% 2016-17 32.3% 27.6% 2017-18 43.5% 20.4%

  (Source : GI Council Indian Non-Life Insurance Industry year book 2017-18)

Retention levels are higher: As can be seen from the chart below, the net retention ratio for liability insurance is over 60% year after year.

Portfolio/ Year 2013-14 2014-15 2015-16 2016-17 2017-18 Fire 52.2% 48.5% 49.3% 44.9% 38.5% Engg. 50.5% 48.1% 48.3% 47.2% 49.2% Marine Cargo 72.8% 73.6% 73.2% 70.9% 69.3% Marine Hull 23.9% 31.0% 25.9% 16.7% 25.1% Motor OD 91.2% 90.4% 90.1% 86.8% 87.6% Motor TP 90.2% 91.8% 92.4% 89.7% 87.6% Aviation 19.6% 24.3% 23.6% 57.4% 31.0% Health 88.9% 90.8% 89.6% 85.2% 79.8% Personal accident 86.0% 86.9% 84.1% 83.4% 83.8% Liability 69.8% 69.8% 63.7% 62.8% 62.5% Other Misc. 59.6% 57.5% 59.4% 32.3% 32.8% TOTAL 78.1% 78.9% 79.5% 70.2% 68.6%

  ( Source – General Insurance Council – 2017-18 -Statistics & Tables – Table 10)

  Liability insurance market is less crowded. There is a dearth of technically talented and trained resources to deal with all aspects underwriting and claims of this insurance. Most insurance companies and their marketing resources look at the low hanging fruit – the employee benefit and property insurance policies where it is relatively easy to talk about and gestation period is low. Liability insurance is seen as unknown area beyond their comfort zone. The number of insurers currently actively competing is therefore relatively less.

Access to senior management – Liability insurance is seen as a boardroom issue rather than a shop floor matter. At the customer site, unlike property insurance policies, the process of procurement is mostly handled and monitored by senior management. To the representatives of insurance companies and intermediaries, this provides access to senior management thus helping gain insights into their decision making process to assess chances of winning and timelines. Access to senior management ensures better predictability of outcomes.

Opportunity to demonstrate skills and commitment: As this line  of business is complex calling for multidisciplinary skills and insights, insurance industry personnel get an excellent opportunity to demonstrate their level understanding and service commitment which automatically increases chances of winning the deal and retention. Once the complexity of the business is understood, buying decisions will not be completely price driven.

Demand for liability insurance is bound to grow. As it stands currently, liability insurance buying is contract driven or event driven. But, the trend is perceptibly changing. Various legislations passed recently attempting to codify liabilities, growing stakeholder pressure, rising regulatory scrutiny & supervision, increasing customer awareness and mounting judicial activism besides globalisation of the economy in terms of foot print, revenues and financing are pushing up the demand for liability insurance. In regard to some policies like Professional indemnity, CGL and cyber insurance, liability insurance is becoming a contractual requirement.

Size of the market: At ₹.2005 cr. Gross written premium, liability insurance currently constitutes a paltry 1.28% of total premium in India while premium has grown by 12.9% over the period 2008-09 to 2017-18 as can be seen from the following figures.

Year Gross written Premium (₹. In Cr.) Premium (₹. In Cr.) As a  percentage of total premium(%)

  2008-09 37323 657 1.76% 2009-10 43652 771 1.76% 2010-11 53515 900 1.68% 2011-12 68249 1087 1.59% 2012-13 74277 1187 1.59% 2013-14 83027 1362 1.64% 2014-15 90365 1367 1.51% 2015-16 102396 1942 1.89% 2016-17 134177 2141 1.59% 2017-18 156629 2005 1.28%

  ( Source : GI Council Indian Non-Life Insurance Industry year book 2017-18)

This percentage of 1.28% is indeed very low. In most of the developed countries the percentage is much higher. Even as per the figures of 2014, this percentage is over 16% for USA, over 14% for Australia, over 10% for UK

As the formal economy expands, evolves and globalises, liability insurance is expected to register accelerated growth and contribute more towards to total premium. In the near future D&O insurance, General liability, Professional indemnity and Cyber insurance are likely to be the catalysts for the growth of this business.

Way Forward – What Insurance Industry can/ ought to do?

Awareness on claims: There is a wide spread impression that in India either there are hardly any liability claims and even when the claims are reported – they are either repudiated or kept pending for long periods. This impression is clearly misplaced.  Many claims have been reported and settled under various classes of insurance. Unfortunately, this information is not in public domain. Insurance industry has also not done much to disseminate information on various exposures and triggers that have resulted in claims. It is possible to educate customers on claims without breaching any confidentiality norms. Creating awareness about the claims and giving confidence to customers providing examples of real life cases can increase traction for liability insurance. Claims executives going along with the underwriters/ sales executives for all major interactions will certainly boost the confidence in the intent and capability of the industry to settle claims. It will be a good idea to disseminate information on how claims can be prevented and handled when they occur.

Uncomplicate the policies: Insurance policies are considered difficult to read because of the small print and hard to understand because of liberal sprinkling of jargon. This is more so for liability insurance policies. One cannot wish away legalise in drafting insurance policies-  time tested wordings have to be retained. But, wherever possible, attempts have to be made to uncomplicate. In the days to come, insurers need to brace themselves up to face comprehension scores and confusion audits. These would help increase trust in those seeking to simplify their offerings and add cost to those who are not bothered. It will be a good idea for the Indian insurance industry to look at Insurance Services Office (ISO) of USA and its activities and seriously consider getting similar structure in place for various objectives including policy drafting

Offer solutions rather than policies: In order to hit the road to become more visible and increase the market share, sometimes insurers introduce policies without putting all building blocks in place. This is a sure recipe for failure. Insurance customers now a days are demanding complete solutions and not just policies. For example, for a cyber policy to be launched,  insurers need to put in place arrangements for checking while under writing, where necessary, the IT related processes of the insured organisation and similarly developing ability to do a forensic study if any adverse event takes place. Activities like these can very well be outsourced subject to the relevant regulations.

Training: Tell well to sell well. It is necessary for the resources with insurers or insurance intermediaries to continually update their knowledge, if they want to confidently market liability insurance. Currently, it is seen that message is more on the policy clauses without any reference to local conditions/ laws/ exposures/ claim simulations. There is a clear need to develop a  comprehensive of understanding how  policies operate and respond.

Coordination with industry / professional bodies: Exposure understanding and analysis is best done and becomes meaningful when engagement with the end users and relevant industry and professional bodies is continuous. This helps in proper product formulation, pricing and marketing. Generic buy in gets easy. This also leads to understanding the pain points  better for conceptualising proactive risk control measures. It will be very useful to have interaction with professional bodies like Institute of Company Secretaries of India( ICSI), Institute of Chartered Accounts of India (ICAI), Institute of Actuaries of India (IAI) and Institute of Directors (IOD) etc.

Liability insurance market will grow. No doubt about it. But, for long term orderly and sustained growth, it calls for creation of market awareness, proper product formulation, prudent underwriting, prompt settlement of claims and  meaningful and continuous engagement with all stakeholders.

_________________

P. Umesh

Consultant – Liability Insurance

p.umesh@liabilityinsurancepractice.com

https://ift.tt/2SCBAgZ

  The post Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward appeared first on The D&O Diary.

Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward published first on

[lawfultruth]

Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward

Umesh Pratapa

In the following guest post, Umesh Pratapa takes a look at the state of liability insurance in India. Liability insurance apparently is not yet widespread in India, for reasons that Umesh examines below.  Umesh also takes a look at the possible future for liability insurance in India. Umesh’s article was originally published in The Journal of the Insurance Institute of India (April – June 2019 issue).  EDITOR’S NOTE: The symbol “₹” is the sign for Indian Rupees.  A”crore” is a unit count of ten million in the Indian numbering system, abbreviated “cr.” A “lac” or “lakh” is a unit count of one hundred thousand in the Indian numbering system. I would like to thank Umesh for his willingness to allow me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Umesh’s article.

  ****************************

“Awards of compensation are not law’s doles. In a discourse of rights, they constitute entitlements under law. Our conversations about law must shift from a paternalistic subordination of the individual to an assertion of enforceable rights as intrinsic to human dignity”

(Hon’ble Supreme Court of India – Jagdish v Mohan& Others- Civil appeal no. 2217 of 2018)

  * * * * * * * * * * *

Liability insurance has become a much talked about subject and is receiving well-deserved attention of the people both on the supply and demand side in India and also worldwide. Events and legislations in the recent past have kept this area in the limelight thanks to the media coverage and some significant legal pronouncements.

What is liability insurance?

In simple words, liability insurance is any type of insurance that protects the purchaser i.e. the insured against the risk of being sued or held legally liable for errors of omission and commission. Liability insurance policies provide for both defence costs and any legal pay-outs for which the insured is held liable.

The evolution of this line of insurance is rather slow in India. One of the early products is Public Liability Act insurance which was introduced following Bhopal gas tragedy in 1984. The Public Liability Insurance Act, 1991 was passed to provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.  Later, in response to the demands of global trade particularly after liberalisation of economy, professional indemnity insurance aka Errors & Omission liability insurance came into the Indian market for contractual compliance by the IT vendors. With Indian companies going outside India to raise capital, policies like D&O liability insurance policies were introduced. As the time went by and to meet the emerging market needs insurers started introducing other policies.

Liability insurance is not popular in India yet. It constitutes less than 2% of the general insurance Gross Written Premium.

Challenges and Reasons for low growth:

Dependence on institutionalized system of ex gratia compensation: One often notices that whenever there is a negligence resulting in loss to public like collapse of a bridge or building, there is clamour for exgratia payment which is mostly conceded by the governments. Often, these amounts are paid- “without acknowledging any obligation or entitlement”. This is perceived to displace the compensation function of a tort litigation and resultantly shadowing the importance of liability insurance.

  “Most of Dostoevsky’s novels employ a nameless narrator. A person who observes in-depth but at the same time removed from the process. Sometimes he ends up becoming a part of the story he is telling while other times he does not. In India, the legislature’s approach towards the development of tort law has adopted the same apathetic, removed attitude as that storyteller. And much like the storyteller it finds itself deeply involved and extricated in a predicament of its own making.”

 (Source: here )

No contingency fee system:  Contingency fee arrangement has been one of the distinguishing features of litigation in the United States. This  has significantly contributed to jurisprudence relating to compensation/ liability. It transformed from an illegal practice to an essential element of the American legal system affording ability to the needy access to the courts. In the Indian context, contingency fee system is not permitted. It is invalid under Advocates Act of India, 1961 as also under the Indian Contract Act. While there are pros and cons for the contingency fee system, the absence of this system acts as a deterrent on litigation, particularly tort litigation, as most of the claimants do not have the means to afford the high costs of litigation coupled with the delays and unpredictability in dispensation of justice. In the Indian context where legal literacy is low, if contingency fee system were to be introduced, it should come with enough safeguards to avoid its misuse and exploitation of the gullible.

Emphasis on retribution and not on restitution: The emphasis in legal system is more on retribution with criminal punishment rather than restitution with civil settlements. It is a good augury that in the recent past some enactments have started providing for consensus based settlements. One can see signs of this even if though they are faint.

Cultural distaste for suing: In the DNA of Indians, cultural distaste is embedded for suing, primarily due to the belief in divine ordainment. As they say – God has willed it .

Ignorance about liability insurance protection: Most of the citizenry is not aware of many legal rights including the right to get compensated by the wrongdoer. Unfortunately it is a malaise affecting Indian system in various spheres and not only relating to torts. Even highly educated sections who are otherwise well informed suffer from  liability insurance illiteracy.

Data Desert: There is no structured data available for launching or pricing a new product in terms of the events, costs or losses. This poses a big challenge to insurers to introduce a new product and price it properly.

Claims provision challenges: There could be delays in notifications and then the claims can be long tail claims. All this lead to the plenty of provisioning problems. Added to this are the legal outcomes on which Insureds do not have much control which may result in wrong reserving inviting issues from the regulators and shareholders. It gets more complex when cross border jurisdictions are involved.This is an issue for liability insurance underwriting anywhere in the world. The challenge is to develop the right skillset for the industry. And the responsibility majorly lies with the insurance carrier community.

Opportunities – What does the future hold for inability insurance ?

Notwithstanding the daunting challenges along the way, liability insurance market is set to expand well in future due to the reasons stated below:

Legal environment: It is undergoing significant changes in the country and globally moving in the direction of holding the wrong doer responsible for his actions and liable to face consequences. Emphasis on corporate governance as reflected in many changes brought about in the Companies Act  2013 has made D&O a known insurance policy in the corporate board rooms. Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts Act 2015  is an important step taken by the Government to expedite the justice delivery system as regards commercial disputes and make the time lines for resolution more predictable. The Act recognises that commercial disputes require different way of handling, as its effective resolution is an important factor for the growth of investment and the overall economic and social development of a country. The Act provides for a separate set of commercial courts to be set up by State Governments at the District level to try suits and claims pertaining to commercial disputes of a value of at least ₹1 crore and above. The changes contemplated in the consumer protection laws are likely to make goods and services providers more accountable which will increase demand for product liability and professional indemnity policies. Similarly the data protection legislation which is in  draft bill form now is likely enhance traction for cyber insurance. Organisations are beginning to worry more about liability issues these days because of the changing legal, economic, political and social landscape.

Increasing Legal expenses: Corporate legal expenses are ballooning and this is too well known. It becomes more worrisome when cross border disputes are involved. some of the leading Indian lawyers are known to charge approximately ₹ 30 lacs per day in addition to other expenses. Without appropriate and adequate insurance protection, it becomes difficult to withstand these expenses which would otherwise prove a burden on the insured’s P&L account.

Mandatory requirements: It is a normal practice in sectors like IT industry that the principals insist on liability insurance policies like professional indemnity and commercial general liability policies to be put in place before awarding or commencement of the projects.

Globalisation of trade: Whether it relates to providing capital or purchase of services or goods, foreign investors/ buyers are keen to protect their interests by way of indemnities and also insurance covers. Culturally also, it has a rub off effect.

Supply side: Why is it gaining the attention of insurance companies?

Profitability: Historically and continuously liability insurance portfolio has been a profitable business. Facts speak for themselves.

India – Liability Insurance – Gross and Net Incurred Claims Ratio

Year Gross Incurred Claims Ratio

  Net Incurred Claims Ratio 2008-09 41.1% 37.3% 2009-10 57.6% 47.9% 2010-11 43.4% 35.2% 2011-12 44.7% 34.6% 2012-13 43.8% 40.2% 2013-14 30.2% 26.2% 2014-15 31.4% 24.3% 2015-16 40.1% 30.6% 2016-17 32.3% 27.6% 2017-18 43.5% 20.4%

  (Source : GI Council Indian Non-Life Insurance Industry year book 2017-18)

Retention levels are higher: As can be seen from the chart below, the net retention ratio for liability insurance is over 60% year after year.

Portfolio/ Year 2013-14 2014-15 2015-16 2016-17 2017-18 Fire 52.2% 48.5% 49.3% 44.9% 38.5% Engg. 50.5% 48.1% 48.3% 47.2% 49.2% Marine Cargo 72.8% 73.6% 73.2% 70.9% 69.3% Marine Hull 23.9% 31.0% 25.9% 16.7% 25.1% Motor OD 91.2% 90.4% 90.1% 86.8% 87.6% Motor TP 90.2% 91.8% 92.4% 89.7% 87.6% Aviation 19.6% 24.3% 23.6% 57.4% 31.0% Health 88.9% 90.8% 89.6% 85.2% 79.8% Personal accident 86.0% 86.9% 84.1% 83.4% 83.8% Liability 69.8% 69.8% 63.7% 62.8% 62.5% Other Misc. 59.6% 57.5% 59.4% 32.3% 32.8% TOTAL 78.1% 78.9% 79.5% 70.2% 68.6%

  ( Source – General Insurance Council – 2017-18 -Statistics & Tables – Table 10)

  Liability insurance market is less crowded. There is a dearth of technically talented and trained resources to deal with all aspects underwriting and claims of this insurance. Most insurance companies and their marketing resources look at the low hanging fruit – the employee benefit and property insurance policies where it is relatively easy to talk about and gestation period is low. Liability insurance is seen as unknown area beyond their comfort zone. The number of insurers currently actively competing is therefore relatively less.

Access to senior management – Liability insurance is seen as a boardroom issue rather than a shop floor matter. At the customer site, unlike property insurance policies, the process of procurement is mostly handled and monitored by senior management. To the representatives of insurance companies and intermediaries, this provides access to senior management thus helping gain insights into their decision making process to assess chances of winning and timelines. Access to senior management ensures better predictability of outcomes.

Opportunity to demonstrate skills and commitment: As this line  of business is complex calling for multidisciplinary skills and insights, insurance industry personnel get an excellent opportunity to demonstrate their level understanding and service commitment which automatically increases chances of winning the deal and retention. Once the complexity of the business is understood, buying decisions will not be completely price driven.

Demand for liability insurance is bound to grow. As it stands currently, liability insurance buying is contract driven or event driven. But, the trend is perceptibly changing. Various legislations passed recently attempting to codify liabilities, growing stakeholder pressure, rising regulatory scrutiny & supervision, increasing customer awareness and mounting judicial activism besides globalisation of the economy in terms of foot print, revenues and financing are pushing up the demand for liability insurance. In regard to some policies like Professional indemnity, CGL and cyber insurance, liability insurance is becoming a contractual requirement.

Size of the market: At ₹.2005 cr. Gross written premium, liability insurance currently constitutes a paltry 1.28% of total premium in India while premium has grown by 12.9% over the period 2008-09 to 2017-18 as can be seen from the following figures.

Year Gross written Premium (₹. In Cr.) Premium (₹. In Cr.) As a  percentage of total premium(%)

  2008-09 37323 657 1.76% 2009-10 43652 771 1.76% 2010-11 53515 900 1.68% 2011-12 68249 1087 1.59% 2012-13 74277 1187 1.59% 2013-14 83027 1362 1.64% 2014-15 90365 1367 1.51% 2015-16 102396 1942 1.89% 2016-17 134177 2141 1.59% 2017-18 156629 2005 1.28%

  ( Source : GI Council Indian Non-Life Insurance Industry year book 2017-18)

This percentage of 1.28% is indeed very low. In most of the developed countries the percentage is much higher. Even as per the figures of 2014, this percentage is over 16% for USA, over 14% for Australia, over 10% for UK

As the formal economy expands, evolves and globalises, liability insurance is expected to register accelerated growth and contribute more towards to total premium. In the near future D&O insurance, General liability, Professional indemnity and Cyber insurance are likely to be the catalysts for the growth of this business.

Way Forward – What Insurance Industry can/ ought to do?

Awareness on claims: There is a wide spread impression that in India either there are hardly any liability claims and even when the claims are reported – they are either repudiated or kept pending for long periods. This impression is clearly misplaced.  Many claims have been reported and settled under various classes of insurance. Unfortunately, this information is not in public domain. Insurance industry has also not done much to disseminate information on various exposures and triggers that have resulted in claims. It is possible to educate customers on claims without breaching any confidentiality norms. Creating awareness about the claims and giving confidence to customers providing examples of real life cases can increase traction for liability insurance. Claims executives going along with the underwriters/ sales executives for all major interactions will certainly boost the confidence in the intent and capability of the industry to settle claims. It will be a good idea to disseminate information on how claims can be prevented and handled when they occur.

Uncomplicate the policies: Insurance policies are considered difficult to read because of the small print and hard to understand because of liberal sprinkling of jargon. This is more so for liability insurance policies. One cannot wish away legalise in drafting insurance policies-  time tested wordings have to be retained. But, wherever possible, attempts have to be made to uncomplicate. In the days to come, insurers need to brace themselves up to face comprehension scores and confusion audits. These would help increase trust in those seeking to simplify their offerings and add cost to those who are not bothered. It will be a good idea for the Indian insurance industry to look at Insurance Services Office (ISO) of USA and its activities and seriously consider getting similar structure in place for various objectives including policy drafting

Offer solutions rather than policies: In order to hit the road to become more visible and increase the market share, sometimes insurers introduce policies without putting all building blocks in place. This is a sure recipe for failure. Insurance customers now a days are demanding complete solutions and not just policies. For example, for a cyber policy to be launched,  insurers need to put in place arrangements for checking while under writing, where necessary, the IT related processes of the insured organisation and similarly developing ability to do a forensic study if any adverse event takes place. Activities like these can very well be outsourced subject to the relevant regulations.

Training: Tell well to sell well. It is necessary for the resources with insurers or insurance intermediaries to continually update their knowledge, if they want to confidently market liability insurance. Currently, it is seen that message is more on the policy clauses without any reference to local conditions/ laws/ exposures/ claim simulations. There is a clear need to develop a  comprehensive of understanding how  policies operate and respond.

Coordination with industry / professional bodies: Exposure understanding and analysis is best done and becomes meaningful when engagement with the end users and relevant industry and professional bodies is continuous. This helps in proper product formulation, pricing and marketing. Generic buy in gets easy. This also leads to understanding the pain points  better for conceptualising proactive risk control measures. It will be very useful to have interaction with professional bodies like Institute of Company Secretaries of India( ICSI), Institute of Chartered Accounts of India (ICAI), Institute of Actuaries of India (IAI) and Institute of Directors (IOD) etc.

Liability insurance market will grow. No doubt about it. But, for long term orderly and sustained growth, it calls for creation of market awareness, proper product formulation, prudent underwriting, prompt settlement of claims and  meaningful and continuous engagement with all stakeholders.

_________________

P. Umesh

Consultant – Liability Insurance

p.umesh@liabilityinsurancepractice.com

https://ift.tt/2SCBAgZ

  The post Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward appeared first on The D&O Diary.

Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward syndicated from https://ronenkurzfeldweb.wordpress.com/

[simonconsultancypage]

Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward

Umesh Pratapa

In the following guest post, Umesh Pratapa takes a look at the state of liability insurance in India. Liability insurance apparently is not yet widespread in India, for reasons that Umesh examines below.  Umesh also takes a look at the possible future for liability insurance in India. Umesh’s article was originally published in The Journal of the Insurance Institute of India (April – June 2019 issue).  EDITOR’S NOTE: The symbol “₹” is the sign for Indian Rupees.  A”crore” is a unit count of ten million in the Indian numbering system, abbreviated “cr.” A “lac” or “lakh” is a unit count of one hundred thousand in the Indian numbering system. I would like to thank Umesh for his willingness to allow me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Umesh’s article.

  ****************************

“Awards of compensation are not law’s doles. In a discourse of rights, they constitute entitlements under law. Our conversations about law must shift from a paternalistic subordination of the individual to an assertion of enforceable rights as intrinsic to human dignity”

(Hon’ble Supreme Court of India – Jagdish v Mohan& Others- Civil appeal no. 2217 of 2018)

  * * * * * * * * * * *

Liability insurance has become a much talked about subject and is receiving well-deserved attention of the people both on the supply and demand side in India and also worldwide. Events and legislations in the recent past have kept this area in the limelight thanks to the media coverage and some significant legal pronouncements.

What is liability insurance?

In simple words, liability insurance is any type of insurance that protects the purchaser i.e. the insured against the risk of being sued or held legally liable for errors of omission and commission. Liability insurance policies provide for both defence costs and any legal pay-outs for which the insured is held liable.

The evolution of this line of insurance is rather slow in India. One of the early products is Public Liability Act insurance which was introduced following Bhopal gas tragedy in 1984. The Public Liability Insurance Act, 1991 was passed to provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.  Later, in response to the demands of global trade particularly after liberalisation of economy, professional indemnity insurance aka Errors & Omission liability insurance came into the Indian market for contractual compliance by the IT vendors. With Indian companies going outside India to raise capital, policies like D&O liability insurance policies were introduced. As the time went by and to meet the emerging market needs insurers started introducing other policies.

Liability insurance is not popular in India yet. It constitutes less than 2% of the general insurance Gross Written Premium.

Challenges and Reasons for low growth:

Dependence on institutionalized system of ex gratia compensation: One often notices that whenever there is a negligence resulting in loss to public like collapse of a bridge or building, there is clamour for exgratia payment which is mostly conceded by the governments. Often, these amounts are paid- “without acknowledging any obligation or entitlement”. This is perceived to displace the compensation function of a tort litigation and resultantly shadowing the importance of liability insurance.

  “Most of Dostoevsky’s novels employ a nameless narrator. A person who observes in-depth but at the same time removed from the process. Sometimes he ends up becoming a part of the story he is telling while other times he does not. In India, the legislature’s approach towards the development of tort law has adopted the same apathetic, removed attitude as that storyteller. And much like the storyteller it finds itself deeply involved and extricated in a predicament of its own making.”

 (Source: here )

No contingency fee system:  Contingency fee arrangement has been one of the distinguishing features of litigation in the United States. This  has significantly contributed to jurisprudence relating to compensation/ liability. It transformed from an illegal practice to an essential element of the American legal system affording ability to the needy access to the courts. In the Indian context, contingency fee system is not permitted. It is invalid under Advocates Act of India, 1961 as also under the Indian Contract Act. While there are pros and cons for the contingency fee system, the absence of this system acts as a deterrent on litigation, particularly tort litigation, as most of the claimants do not have the means to afford the high costs of litigation coupled with the delays and unpredictability in dispensation of justice. In the Indian context where legal literacy is low, if contingency fee system were to be introduced, it should come with enough safeguards to avoid its misuse and exploitation of the gullible.

Emphasis on retribution and not on restitution: The emphasis in legal system is more on retribution with criminal punishment rather than restitution with civil settlements. It is a good augury that in the recent past some enactments have started providing for consensus based settlements. One can see signs of this even if though they are faint.

Cultural distaste for suing: In the DNA of Indians, cultural distaste is embedded for suing, primarily due to the belief in divine ordainment. As they say – God has willed it .

Ignorance about liability insurance protection: Most of the citizenry is not aware of many legal rights including the right to get compensated by the wrongdoer. Unfortunately it is a malaise affecting Indian system in various spheres and not only relating to torts. Even highly educated sections who are otherwise well informed suffer from  liability insurance illiteracy.

Data Desert: There is no structured data available for launching or pricing a new product in terms of the events, costs or losses. This poses a big challenge to insurers to introduce a new product and price it properly.

Claims provision challenges: There could be delays in notifications and then the claims can be long tail claims. All this lead to the plenty of provisioning problems. Added to this are the legal outcomes on which Insureds do not have much control which may result in wrong reserving inviting issues from the regulators and shareholders. It gets more complex when cross border jurisdictions are involved.This is an issue for liability insurance underwriting anywhere in the world. The challenge is to develop the right skillset for the industry. And the responsibility majorly lies with the insurance carrier community.

Opportunities – What does the future hold for inability insurance ?

Notwithstanding the daunting challenges along the way, liability insurance market is set to expand well in future due to the reasons stated below:

Legal environment: It is undergoing significant changes in the country and globally moving in the direction of holding the wrong doer responsible for his actions and liable to face consequences. Emphasis on corporate governance as reflected in many changes brought about in the Companies Act  2013 has made D&O a known insurance policy in the corporate board rooms. Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts Act 2015  is an important step taken by the Government to expedite the justice delivery system as regards commercial disputes and make the time lines for resolution more predictable. The Act recognises that commercial disputes require different way of handling, as its effective resolution is an important factor for the growth of investment and the overall economic and social development of a country. The Act provides for a separate set of commercial courts to be set up by State Governments at the District level to try suits and claims pertaining to commercial disputes of a value of at least ₹1 crore and above. The changes contemplated in the consumer protection laws are likely to make goods and services providers more accountable which will increase demand for product liability and professional indemnity policies. Similarly the data protection legislation which is in  draft bill form now is likely enhance traction for cyber insurance. Organisations are beginning to worry more about liability issues these days because of the changing legal, economic, political and social landscape.

Increasing Legal expenses: Corporate legal expenses are ballooning and this is too well known. It becomes more worrisome when cross border disputes are involved. some of the leading Indian lawyers are known to charge approximately ₹ 30 lacs per day in addition to other expenses. Without appropriate and adequate insurance protection, it becomes difficult to withstand these expenses which would otherwise prove a burden on the insured’s P&L account.

Mandatory requirements: It is a normal practice in sectors like IT industry that the principals insist on liability insurance policies like professional indemnity and commercial general liability policies to be put in place before awarding or commencement of the projects.

Globalisation of trade: Whether it relates to providing capital or purchase of services or goods, foreign investors/ buyers are keen to protect their interests by way of indemnities and also insurance covers. Culturally also, it has a rub off effect.

Supply side: Why is it gaining the attention of insurance companies?

Profitability: Historically and continuously liability insurance portfolio has been a profitable business. Facts speak for themselves.

India – Liability Insurance – Gross and Net Incurred Claims Ratio

Year Gross Incurred Claims Ratio

  Net Incurred Claims Ratio 2008-09 41.1% 37.3% 2009-10 57.6% 47.9% 2010-11 43.4% 35.2% 2011-12 44.7% 34.6% 2012-13 43.8% 40.2% 2013-14 30.2% 26.2% 2014-15 31.4% 24.3% 2015-16 40.1% 30.6% 2016-17 32.3% 27.6% 2017-18 43.5% 20.4%

  (Source : GI Council Indian Non-Life Insurance Industry year book 2017-18)

Retention levels are higher: As can be seen from the chart below, the net retention ratio for liability insurance is over 60% year after year.

Portfolio/ Year 2013-14 2014-15 2015-16 2016-17 2017-18 Fire 52.2% 48.5% 49.3% 44.9% 38.5% Engg. 50.5% 48.1% 48.3% 47.2% 49.2% Marine Cargo 72.8% 73.6% 73.2% 70.9% 69.3% Marine Hull 23.9% 31.0% 25.9% 16.7% 25.1% Motor OD 91.2% 90.4% 90.1% 86.8% 87.6% Motor TP 90.2% 91.8% 92.4% 89.7% 87.6% Aviation 19.6% 24.3% 23.6% 57.4% 31.0% Health 88.9% 90.8% 89.6% 85.2% 79.8% Personal accident 86.0% 86.9% 84.1% 83.4% 83.8% Liability 69.8% 69.8% 63.7% 62.8% 62.5% Other Misc. 59.6% 57.5% 59.4% 32.3% 32.8% TOTAL 78.1% 78.9% 79.5% 70.2% 68.6%

  ( Source – General Insurance Council – 2017-18 -Statistics & Tables – Table 10)

  Liability insurance market is less crowded. There is a dearth of technically talented and trained resources to deal with all aspects underwriting and claims of this insurance. Most insurance companies and their marketing resources look at the low hanging fruit – the employee benefit and property insurance policies where it is relatively easy to talk about and gestation period is low. Liability insurance is seen as unknown area beyond their comfort zone. The number of insurers currently actively competing is therefore relatively less.

Access to senior management – Liability insurance is seen as a boardroom issue rather than a shop floor matter. At the customer site, unlike property insurance policies, the process of procurement is mostly handled and monitored by senior management. To the representatives of insurance companies and intermediaries, this provides access to senior management thus helping gain insights into their decision making process to assess chances of winning and timelines. Access to senior management ensures better predictability of outcomes.

Opportunity to demonstrate skills and commitment: As this line  of business is complex calling for multidisciplinary skills and insights, insurance industry personnel get an excellent opportunity to demonstrate their level understanding and service commitment which automatically increases chances of winning the deal and retention. Once the complexity of the business is understood, buying decisions will not be completely price driven.

Demand for liability insurance is bound to grow. As it stands currently, liability insurance buying is contract driven or event driven. But, the trend is perceptibly changing. Various legislations passed recently attempting to codify liabilities, growing stakeholder pressure, rising regulatory scrutiny & supervision, increasing customer awareness and mounting judicial activism besides globalisation of the economy in terms of foot print, revenues and financing are pushing up the demand for liability insurance. In regard to some policies like Professional indemnity, CGL and cyber insurance, liability insurance is becoming a contractual requirement.

Size of the market: At ₹.2005 cr. Gross written premium, liability insurance currently constitutes a paltry 1.28% of total premium in India while premium has grown by 12.9% over the period 2008-09 to 2017-18 as can be seen from the following figures.

Year Gross written Premium (₹. In Cr.) Premium (₹. In Cr.) As a  percentage of total premium(%)

  2008-09 37323 657 1.76% 2009-10 43652 771 1.76% 2010-11 53515 900 1.68% 2011-12 68249 1087 1.59% 2012-13 74277 1187 1.59% 2013-14 83027 1362 1.64% 2014-15 90365 1367 1.51% 2015-16 102396 1942 1.89% 2016-17 134177 2141 1.59% 2017-18 156629 2005 1.28%

  ( Source : GI Council Indian Non-Life Insurance Industry year book 2017-18)

This percentage of 1.28% is indeed very low. In most of the developed countries the percentage is much higher. Even as per the figures of 2014, this percentage is over 16% for USA, over 14% for Australia, over 10% for UK

As the formal economy expands, evolves and globalises, liability insurance is expected to register accelerated growth and contribute more towards to total premium. In the near future D&O insurance, General liability, Professional indemnity and Cyber insurance are likely to be the catalysts for the growth of this business.

Way Forward – What Insurance Industry can/ ought to do?

Awareness on claims: There is a wide spread impression that in India either there are hardly any liability claims and even when the claims are reported – they are either repudiated or kept pending for long periods. This impression is clearly misplaced.  Many claims have been reported and settled under various classes of insurance. Unfortunately, this information is not in public domain. Insurance industry has also not done much to disseminate information on various exposures and triggers that have resulted in claims. It is possible to educate customers on claims without breaching any confidentiality norms. Creating awareness about the claims and giving confidence to customers providing examples of real life cases can increase traction for liability insurance. Claims executives going along with the underwriters/ sales executives for all major interactions will certainly boost the confidence in the intent and capability of the industry to settle claims. It will be a good idea to disseminate information on how claims can be prevented and handled when they occur.

Uncomplicate the policies: Insurance policies are considered difficult to read because of the small print and hard to understand because of liberal sprinkling of jargon. This is more so for liability insurance policies. One cannot wish away legalise in drafting insurance policies-  time tested wordings have to be retained. But, wherever possible, attempts have to be made to uncomplicate. In the days to come, insurers need to brace themselves up to face comprehension scores and confusion audits. These would help increase trust in those seeking to simplify their offerings and add cost to those who are not bothered. It will be a good idea for the Indian insurance industry to look at Insurance Services Office (ISO) of USA and its activities and seriously consider getting similar structure in place for various objectives including policy drafting

Offer solutions rather than policies: In order to hit the road to become more visible and increase the market share, sometimes insurers introduce policies without putting all building blocks in place. This is a sure recipe for failure. Insurance customers now a days are demanding complete solutions and not just policies. For example, for a cyber policy to be launched,  insurers need to put in place arrangements for checking while under writing, where necessary, the IT related processes of the insured organisation and similarly developing ability to do a forensic study if any adverse event takes place. Activities like these can very well be outsourced subject to the relevant regulations.

Training: Tell well to sell well. It is necessary for the resources with insurers or insurance intermediaries to continually update their knowledge, if they want to confidently market liability insurance. Currently, it is seen that message is more on the policy clauses without any reference to local conditions/ laws/ exposures/ claim simulations. There is a clear need to develop a  comprehensive of understanding how  policies operate and respond.

Coordination with industry / professional bodies: Exposure understanding and analysis is best done and becomes meaningful when engagement with the end users and relevant industry and professional bodies is continuous. This helps in proper product formulation, pricing and marketing. Generic buy in gets easy. This also leads to understanding the pain points  better for conceptualising proactive risk control measures. It will be very useful to have interaction with professional bodies like Institute of Company Secretaries of India( ICSI), Institute of Chartered Accounts of India (ICAI), Institute of Actuaries of India (IAI) and Institute of Directors (IOD) etc.

Liability insurance market will grow. No doubt about it. But, for long term orderly and sustained growth, it calls for creation of market awareness, proper product formulation, prudent underwriting, prompt settlement of claims and  meaningful and continuous engagement with all stakeholders.

_________________

P. Umesh

Consultant – Liability Insurance

p.umesh@liabilityinsurancepractice.com

https://ift.tt/2SCBAgZ

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[rightsinexile]

Refugee status must be respected

The following piece was written by Evan Jones, Programme Coordinator at the Asia Pacific Refugee Rights Network (APRRN) based in Bangkok. It was originally published in the Bangkok Post on 23 May 2019 and is republished here with permission from the author and the newspaper.

On May 10, Thai activist Praphan Pipithnamporn was extradited from Malaysia to Thailand, arriving home to face charges of sedition in accordance with the draconian Section 116. This forcible repatriation by Malaysian authorities occurred despite Ms Praphan having already registered with the United Nations High Commissioner for Refugees (UNHCR) and subsequently being determined to be a "person of concern". Such actions by Malaysia must be considered nothing short of refoulement -- returning someone to a country where they are likely to be subject to persecution.

In a press conference just a few days later, Malaysia's Prime Minister Mahathir Mohamad confirmed that the repatriation of Ms Praphan had taken place at the request of Thai authorities. Amazingly, far from acknowledging the extremely problematic and fundamentally unjust nature of such action, Prime Minister Mahathir instead defended his government's actions as those of a "good neighbour". Such a response by the prime minister, whose own political party publicly committed to ratifying the 1951 Refugee Convention just over a year ago, represents a disturbing approach that is at absolute odds with the most fundamental elements of international refugee law.

In addition, such action demonstrates a complete disregard for international human rights law. Instead of respecting the principles of human dignity and safety, decisions were made solely as a result of a desire to please Thailand – a country with which Malaysia shares a long history of strong business, trade, defence and military ties. The decision to forcibly repatriate Ms Praphan flies directly in the face of the promise made to the Malaysian population to uphold and respect the rights of refugees.

Sadly, Malaysia is not the only villain in the region when it comes to utilising "friendly extradition" practices to circumvent international norms and legal obligations. Several times over the past few years, extradition procedures have been exploited both within and outside Asean as a way to return refugees back to their countries of origin. By forcing refugees to return to the countries from which they've fled, governments are able to send a message to all persons within their borders that any actions against the ruling elite will not be tolerated and that there is no place to hide. By instituting campaigns of fear, repression and disproportionate justice, governments are able to suppress dissenting voices and further consolidate their grip on power.

On 8 February 2018, Thailand was again involved in the extradition process of a refugee who had escaped persecution. This time, however, Thailand donned the "good neighbour" hat, assisting the totalitarian Hun Sen regime with the return of infamous political activist Sam Sokha. Better known in the media as the "shoe-thrower" for propelling her shoe at a Cambodian People's Party billboard in 2017, Sam Sokha was found guilty of incitement and insult and subsequently sentenced to a two-year prison-term.

A final noteworthy example where extradition was used as a subterfuge to forcibly return a refugee was the high-profile case of Hakeem al-Araibi. Arrested as a result of an erroneous Interpol Red Notice and subsequently held in prison on a Bahraini extradition request, Araibi spent nearly three months fighting for his freedom. In comparison to the cases against Ms Praphan and Sam Sokha, Araibi's case was almost farcical. Sentenced in absentia to 10 years in a Bahraini prison on charges of arson, at the time of his arrest in Bangkok, Araibi was a recognised refugee who had a right to permanently reside in Australia.

Despite his refugee status and despite irrefutable evidence proving his innocence – including television footage that showed him playing a live football match during the time of the alleged crime – Thailand appeared determined to let the extradition proceedings run their course. In fact, had it not been for the avalanche of international media attention, Araibi would have undoubtedly been deported to Bahrain where he would have faced prison, torture, and possibly death.

The use of extradition by countries across Asia should not and must not override the internationally recognised principle of non-refoulement. Refugee status afforded by UNHCR or by a sovereign government must be recognised and respected. The granting of refugee status does not come lightly and it represents an independent determination that an individual is unable to return home due to a genuine fear of persecution from state or non-state actors.

As countries that have taken notable steps towards increasing protection spaces for refugees, it is imperative the Thailand and Malaysia do not undermine this progress. Only with authentic legislative and policy reform across all sections of government, including by rebuffing extradition requests that are clearly politically motivated, will both countries genuinely be able to provide safety to individuals within their borders.

[whittlebaggett8]

JK Prisons department organizes Dawat-e-Iftaar for Srinagar Central Jail inmates

Srinagar: Anxious About Universal Social Empowerment (Bring about) an NGO in collaboration with JK Prisons office on Friday organized a Dawati-te-Iftaar at Central Jail Srinagar for the jail inmates with recognition on ”Mental Wellness & Drug De- Habit awareness”.

DGP JK prisons division, Dilbag Singh (IPS) was the main guest on the occasion.

Welcoming the Main Guest, other Guests and  jail inmates, Government Member Trigger Ilyas Wali explained “CAUSE is seeking to achieve to the needy sections of culture to assistance them strengthen their lives”.

Amid battery of resource people, those who spoke on the event included , Mufti Mansoor, Ilyas Wali, Dr. Wiqar Bashir , Sheikh Aadil, Showket Shafi, Mir Zubair and limited Skit Carried out by Ravies Wathoori team.

The Chief Guest DGP mentioned that all religious and nationwide festivals are celebrated in the jails of the State for supplying the inmates some times of joy in just the 4 walls of Prisons. He mentioned the jail authorities guarantee that all preparations for fasting are in location in the jails so that the inmates can fast throughout the holy month. The jail inmates expressed their too much to handle gratitude and contentment on the goodwill gesture shown by the authorities. The DGP prisons appreciated  initiatives of Induce for organizing the programme and reported the NGO to hold additional these types of programmes in potential.

In the meantime, on the event Mufti Mansoor highlighted the value of fasting in Ramzaan and the month of Ramzaan, talking to the inmates Mufti stated “While in fact the benefits for fasting in Ramadan are countless and its whole benefits recognised only to God.

Speaking on the occasion Sheikh Adil a fitness coach emphasisised the have to have for bodily conditioning to assist lessen pressure in everyday living. He also emphasizes the have to have for spiritual methods for trying to keep tension at bay.

On this event Dr. Wiqar interacted with inmates and furnished them suggestions on pressure administration. He claimed, “it has been scientifically proved that one particular of the largest things in improving upon human health and longevity is reduction in tension and abstinence from of nicotine and other substances”.

The skit done by the group conveyed the therapeutic massage impressing people today to keep absent from narcotic substances.

Showket Shafi talked about value of constructive pondering  and

Mir Zubair Patron Result in NGO Presented the vote of Thanks. Shah Zubair conducted the proceedings

The programme was organized and compeered below the supervision of Mir Zubair Rashid, patron Result in and was supported by, Talib Hussain , Shah Zubair, Ilyas Wali and other members of Result in.

The Programmer was attaneded by Dean Students Welafare ,Prof Raies Quadri, Dr. Shazia Manzoor and other dignities .

Relevant

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