Wednesday, 29 November 2017

Assistive Technologies for Inclusion

Exceptional children are those children who are different or deviate from normal or average children either to the lower or higher side in relation to mental, physical emotional and social characteristics. Mental characteristics considered as super intelligence, sub- normal intelligence and feeble mindless etc. Emotional characteristics like psychoneurotic, psychotics, character irregularities, emotionally disturbed. Social characteristics considered as socially maladjusted, isolated and delinquents and physical dimensions includes visual and hearing deficiencies, speech disorder, chronic illness, psychosomatic disease, epilepsy and superior physique. Crow & Crow “the term exceptional is applied to a trait or to a person possessing traits up to the extent of deviation from the normal possession of the trait so great that because of it the individual warrants or receives special attention from his fellow and his behavior responses and activities are thereby affected”.
A concept universalization of education provides equal opportunities to all in respect of class, color, creed, religion. Children suffering from any kind of deficiency also having an equal right to get good education in a normal education system.

Exceptional Children having some distinct characteristics like they are very distinct and clearly notably among the average children. Exceptional children are mentally, physically, emotionally and socially different in some aspects of growth and development. Exceptional children may belong to both extreme cases can be upper and lower side both. Generally exceptional children may not be benefited from regular classroom teaching or environment. They need special environment in the school for better development and to nurturing of their talent. They require modified teaching methods and practices to develop their maximum capacity.
Assistive technologies are new and innovative devices or equipment which may contribute to make their learning more meaningful. These devices provide an assistance to overcome their learning difficulties and disabilities. Devices can be categories in two forms i.e. simple assistive technologies and complex assistive technologies. Simple assistive technologies may help to support general deficiencies like stick, digital calculator, tape recorder etc. Complex assistive technologies can support specific deficiencies like hearing loop, braille, talking books, screen reader etc. These technological devices can improve learning speed of the child, help them to adjust in classroom situation, it also promote active participation of the special children, help to make them self-dependent.

Some important consideration must be keep in mind for successful implementation and use of these devices and tools. It requires appropriate infrastructure facilities and resources should be provided by the school, provision for the counselling, special training program for teachers and students to use these assistive technologies, medical or financial support should be provided by the government, supporting devices should be available on feasible cost, curriculum should be framed by keeping the needs and requirements of these exceptional children, provision for resource room with regular classroom instruction and supporting activities. In some severe cases there should be a provision for special classes to provide moral and technical support.

Raisa Khan (Assistant Professor, B.Ed)

Positive Thinking

Positive thinking is a psychological attitude in which you expect good and constructive results. A positive mind waits for cheerfulness, wellbeing and a happy start or ending in any situation.
As it is rightly said, “you can, you should, and if you’re brave enough to start, you will.” -Stephen King.
Positive thinking sounds useful on the shell. But, “positive thinking” is also a flexible and downy term that is easy to dismiss. Positive thinking improves the overall mood of an individual. He/she is always hopeful regardless of the circumstances. Positive thinking also effects the person’s mental growth. The power of positive thinking helps in curing depression, which is most common now-a-days.
Persistence in positive thinking is the key to achieve a permanent positive approach. Problems will still come your way, but it is always easier to deal with any conditions with an affirmative attitude. When we practice positive thinking, it is easy for us to connect with other individual with an open heart. Positive thinking doesn't mean that you keep your head in the sandpaper and ignore life's enjoyable situations. Positive thinking just means that you approach nastiness in a more optimistic and creative way. You think the best is going to happen, not the worst.
Talking with one-self is the key to reduce stress and positive thinking starts with this idea of self analysis. Self-talk is the continual flow of silent feelings that run through your head. These unusual thoughts can be constructive or harmful. If the ideas that run through your mind are mostly negative, your view on life is more likely pessimistic.
If your thoughts are mostly encouraging, you're likely an idealist or optimist — someone who practices positive thinking.
I would conclude by saying- We can complain because rose bushes have thorns, or rejoice because thorns have roses.” ― Alphonse Karr.

Apoorva Jain
Assistant Professor
Department of Computer Science & Engineering

THE INDIAN CONSTITUTION AND ENVIRONMENTAL PROTECTION


When our constitution was drafted it did not contain any specific provisions on environment but there are certain provisions which to great extent had direct bearing on the environment such as improvement of public health, protection of natural monuments from spoliation, disfigurement etc. Article 47 of the Constitution is considered to be more important, because it imposes the primary duty on the State to provide public with improved health, raised level of nutrition and ultimately improved standard of living. Public health can be assured to the public only by offering the safe and protected environment to live in. This enabled the framers of our Constitution to be more conscious on the environmental concern. India is also one of the signatories of the Stockholm Declaration which is known as Magna Carta on human environment. Based upon the Stockholm conference, the Indian parliament passed the forty second amendment to the constitution in the year 1976 and incorporated specially two Articles relating to protection and improvement of environment where in the Constitution of India obligates the “State” as well as “Citizens” to “Protect and Improve” the environment. The division of legislative powers shows that, there are ample provisions to make laws dealing with environmental problems at the local level as well as at the national level. The right to life as guaranteed by Article 21 of the Constitution is basic human right and the concept of right to life and personal liberty have been transformed into positive rights by active judicial interpretation. A new era ushered in the post Maneka period the concept of right to life witnessed new developments and new dimensions were added to the interpretation of fundamental rights embodied in Article 21. Prior to this all the fundamental rights guaranteed in Part III of the Constitution were considered to negative in nature and imposing only negative obligation on the State. For the first time, thus Supreme Court transformed these rights into positive rights and imposed an affirmative duty on the State to enforce it. The disturbance of ecology and pollution of water, air and environment definitely affects the life of the person and thus involves the violation of right to life and personal liberty under Article-21 of the Constitution. Hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a human and healthy environment. The role of higher judiciary as is witnessed from majority of the cases decided by it has been worth appreciating. The Court has successfully done its job, fulfilled its obligation and performed its duty. Judiciary can and does play a role of catalyst and thereby speed up and gear up the process, but it has to be initiated by and from the public. There is an urgent need that citizens as well as the State must sit up and take notice of environmental degradation and take appropriate steps to improve it.

Dr. Ramesh Kumar,
Associate Professor,
JEMTEC School of Law,

SURROGACY- A WOMB ON RENT

Nature has bestowed the beautiful capacity to procreate a life within woman and every woman cherishes the experience of motherhood. Unfortunately, some women due to certain physiological and medical conditions are not able to give birth to their own children. The desire to be a mother leads them to search for alternative solutions, and surrogacy presents itself as the most viable alternative. Advances in assisted reproductive techniques such as donor insemination and, embryo transfer methods, have revolutionized the reproductive environment, resulting in surrogacy‘, as the most desirable option. The system of surrogacy has given hope to many infertile couples, who long to have a child of their own. Taking advantage of the advanced medical facilities, they seek alternative solutions like Artificial Reproductive Technology (ART), In-Vitro Fertilization (IVF) and, Intra-Uterine Injections (IUI), in the hope of having a child of their own.
In the past, surrogacy arrangements were generally confined to close relatives, family, or friends, usually as an altruistic deed. But, with the introduction of financial arrangements in the process, surrogacy has extended its network beyond family, community, state, and even across the country. The concept of surrogacy has turned a normal biological function of a woman‘s body into a contract with commercial point of view.

Surrogate services are advertised. Surrogates are hired and agencies make huge profits. The commercialization of surrogacy has raised fears of baby selling and breeding farms; turning impoverished women into baby producers and exploiting surrogate mother. Surrogacy degrades a pregnancy to a service and a baby to a product. Slowly but steadily India is emerging as a popular destination for surrogacy arrangements for many rich foreigners. Cheap medical facilities, advanced reproductive technological know-how, coupled with poor socio-economic conditions, and a lack of laws in India on surrogacy, in this regard combined to make India an attractive option.

Akansha
Assistant Professor
JEMTEC School of Law

WEB-JACKING

Illegally seeking control of a website by taking over a domain is known as Web Jacking. It is similar to Hi-jacking. In this, actual website is never touched. Instead DNS is compromised.
In these kinds of offences the hacker gains access and control over the web site of another. The hacker may even mutilate or change the information on the site. This may be done for fulfilling political objectives or for money. E.g. recently the site of MIT (Ministry of Information Technology) was hacked by the Pakistani hackers and some obscene matter was placed therein. Further the site of Bombay crime branch was also web jacked. Another case of web jacking is that of the ‘gold fish’ case. In this case the site was hacked and the information pertaining to gold fish was changed. Further a ransom of US $ 1 million was demanded as ransom. Thus web jacking is a process whereby control over the site of another is made backed by some consideration for it.
The Web Jacking Attack Vector is another phishing technique that can be used in social engineering engagements. Attackers that are using this method are creating a fake website and the victim opens the link a page appears with the message that the website has moved and they need to click another link. If the victim clicks the link that looks real he will be redirected to a fake page.
The purpose of this attack is to try to harvest the credentials of users by using a webpage with a valid link which when someone opens that link a new fake page is loading. It is a quite interesting technique that ties to trick the user to believe that the webpage is real because the link is valid.

Users must be aware of this type of attack especially when they are visiting a webpage that contains similar messages about websites or objects that have moved to new locations.

Renu Yadav
Assistant Professor
BCA

Monday, 6 November 2017

RFID SYSTEM

Radio Frequency Identification System is a technology based identification system which helps identifying objects just through the tags attached to them, without requiring any light of sight between the tags and the tag reader. All that is needed is radio communication between the tag and the reader
Main Components of a RFID System
  • A RFID tag: It consists of a silicon microchip attached to a small antenna and mounted on a substrate and encapsulated in different materials like plastic or glass veil and with an adhesive on the back side to be attached to objects.
  • A reader: It consists of a scanner with antennas to transmit and receive signals and is responsible for communication with the tag and receives the information from the tag.
  • A Processor or a Controller: It can be a host computer with a Microprocessor or a microcontroller which receives the reader input and process the data.

Types of RFID Systems:
  • Active RFID system: These are systems where the tag has its own power source like any external power supply unit or a battery. The only constraint being the life time of the power devices. These systems can be used for larger distances and to track high value goods like vehicles.
In the active RFID system, the reader sends signal to the tag using an antenna. The tag receives this information and resends this information along with the information in its memory. The reader receives this signal and transmits to the processor for further processing.

  • Passive RFID system: These are systems where the tag gets power through the transfer of power from a reader antenna to the tag antenna. They are used for short range transmission.

       The tag can be powered either using inducting coupling method or through EM wave capture method.
  • A Passive RFID system using Induction coupling method: In this approach the RFID tag gets power from the reader through inductive coupling method. The reader consists of a coil connected to an AC supply such that a magnetic field is formed around it. The tag coil is placed in the vicinity of the reader coil and an electromotive force is induced it by the virtue of Faraday’s law of induction. The EMF causes a flow of current in the coil, thus producing a magnetic field around it. By the virtue of Lenz law, the magnetic field of the tag coil opposes the reader’s magnetic field and there will be a subsequent increase in the current through the reader coil. The reader intercepts this as the load information. This system is suitable for very short distance communication. The AC voltage appearing across the tag coil is converted to DC using rectifier and filter arrangement. 
  • A Passive RFID system using EM wave propagation method: The antenna present in the reader transmits electromagnetic waves which are received by the antenna present in the tag as potential difference across the dipole. This voltage is rectified and filtered to get the DC power. The receiver antenna is kept at different impedance which causes it to reflect a part of the received signal. This reflected signal is received by the reader and monitored accordingly. 
TANMEET KAUR
Assistant Professor
Electronics and Communication Engineering

SEBI TAKEOVER CODE

Introduction-
Takeover code” is framed in order to promote fairness in the capital market and to protect the Interest of small investors.  It is commonly known as SEBI regulation for Acquisition of shares and takeover of listed companies. Takeover of companies is a strategy for corporate growth.  As per the SEBI (Substantial acquisition of Shares) Regulation, a Takeover Bid implies that an acquirer acquires substantial quantity of shares (directly or indirectly ) carrying voting rights in excess of the limits specified, in a target listed company to gain or acquire control over the management of such a company.
Acquirer means any Individual including the person acting in concert or company or other legal entity acquiring the shares or voting power or control over a target company.
Person acting in concert' means Individual or companies or other legal entities acting together for a common purpose of substantial acquisition of shares or voting rights or gaining control over a target company in pursuance of understanding or agreement.
Target Company means a listed company whose shares or voting rights are acquired/ being acquired by an acquirer or whose control is taken over or being taken over by an acquirer.
Acquisition of Control means Acquisition of control over a target company with acquisition of shares or voting Rights control. It includes right to appoint directly or indirectly majority of directors on the board of Target Company or to control the management or to make policy decision by a person or person acting individually or person acting in concert by virtue of their shareholding or management rights or shareholder agreements.
Shares mean any security which entitles the holder to voting rights.
Responsibility of the board of directors and independent directors – The Takeover Code makes it mandatory for the board of directors of the target company to constitute a committee of independent directors to provide written reasoned recommendations on such open offer, which the target company is required to publish.
Disclosure Requirements
Under Takeover Code, based on the limits, the acquirer has to comply with disclosure requirements. He may acquire shares from the public after making public announcements. The SEBI Takeover Code adheres to the framework and principles of the Takeover or acquisition as follows-
  • Initial threshold to Trigger for making open offer by "Public announcement"
  • Acquisition by person already holding more than 25% but less than 55%
  • Acquisition by person already holding  shares or voting rights  more than 55%  less than 75% .


  1. Initial threshold limit for triggering of an open offer
  2. An acquirer with existing shareholding and voting right is mandated to make an open offer if he want to acquire 25% or more of voting right in the target company.
Under the Takeover Code the investors, including private equity funds and foreign investors, will be able to increase their shareholding in listed companies up to 25% and will have greater say in the management of the company. An acquirer with 25% shares will have a better chance to block any decision of the company.  He can acquire share after making "Public announcement". However, at the same time, this will help the listed companies to get more investments without triggering the open offer requirement. Therefore The SEBI takeover code makes the process more attractive and cost effective.
2.     Creeping acquisition
Any acquirer, holding 25% or more but less than i.e. 55% and the maximum permissible limit i.e.75% can purchase additional shares or voting rights of up to 5% every financial year, after making "Public announcement” only. It is known as creeping acquisition. Requirement of public announcement for open offer is not needed. Code also lays down the manner of determination of the quantum of acquisition of such additional voting rights. It is beneficial for the investors as well as the promoters, who can increase their shareholding in the company without necessarily purchasing shares from the stock market.

3.  Voluntary offer or Acquisition by a person already holding  shares or voting rights  more than 55%  but less than 75% (consolidation of holding) :-
By this offer, an acquirer holds more than 55% shareholding but less than the maximum permissible limit (75%), shall be entitled to make a public announcement voluntarily for acquiring additional shares subject to their aggregate shareholding after completion of the open offer. Such voluntary offer would be for acquisition of at least such number of shares as would entitle the acquirer to exercise an additional 10% of the total shares of the target company. In this case an acquirer can do acquisition of shares or voting rights in a target company after making "Public announcement" This type of acquisition is called as consolidation of holding.
5.     Size of the open offer
Takeover code gives an opportunity to the acquiring company to attain simple majority in a target company by acquirer. An acquirer with 25% shareholding can increase it by another 26% through an open offer that would facilitate to have a 51% shareholding in the target company and thereby an acquirer can attain simple majority in the target company. The Takeover Code required an acquirer, obligated to place an offer for at least 26% of the ‘total shares of the target company’, as on the ‘10th working day from the closure of the tendering period’.
3.     Indirect acquisition
Indirect acquisition is permitted under Takeover Code. It states that any acquisition of share or control over a company would enable a person to exercise such percentage of voting rights or control over the company which would have otherwise necessitated a public announcement for open offer, it shall be considered an indirect acquisition of voting rights or control of the company.
It also states that wherever on the basis of the latest audited annual financial statements, the proportionate net asset value or sales turnover or market capitalisation of the target company being acquired, is more than 80%, such indirect acquisition shall be regarded as a direct acquisition of the target company and all the obligations relating to timing, pricing and other compliance requirements for the open offer would be same as that of a direct acquisition.
Procedure Involved in SEBI takeover for Acquisition
(1) Appointment of banker- Before making public announcement, the acquirer shall have to appoint a merchant banker, who is not associated with the acquirer or the target company.
(2) Disclosure of Intention- Merchant Banker shall disclose the intention of the acquirer to acquire shares /voting rights of Target Company from existing shares holding by means of an open offer.  Intention shall be disclose by public announcement. Object of public announcement is to make aware of an exit opportunity available the shares holders of the target company.
(3) Publication of  announcement -Public announcement must be made in English and also in a vernacular language daily news paper circulating in the State where registered office of the target company is situated and the stock exchange where the share are most frequently traded.
(4) Details of Public announcement – It must contain the offer price, number of shares to be acquired from the public, identify of acquires, purpose, future plans in respect of target company, period with in which offer would be completed.
(5) Filing offer letter of takeover with SEBI – offer must be filed with SEBI within 14 days from the date of public announcement for a purpose of overseeing whether the disclosures contained therein are adequate and are in conformity with the takeover regulation.  The acquirer has to furnish a due deligence certificate and registration details. It would facilitate the shares holder to take an informed decision with regard to the offer.
(6) Minimum offer price – offer letter must contain the minimum offer price.
(7) Obligation of the board of target company/merchant banker - After public announcement of offer, the board of directors of the target company, shall not sell, transfer or dispose of assets of the company or its subsidiaries or issue or allot any issued securities or enter into any material contracts.
(8) Withdrawal of offer - The Shareholder shall have the option to withdrawal acceptance given by him up to 3 working days prior to the date of closure of the offer.
(9) Escrow account - The acquires must create an escrow account of 25% of consideration for offer size and 10% for the excess consideration. The Escrow account shall consist of cash deposited with a scheduled commercial bank.
(10) Competitive bids- it is an offer made by a person other than the acquirer who has made the first public announcement. The bid must be equal to the present and proposed share holding of first acquires. The first acquires can revise his offer pursuant to the competitive bid within 14 days. Both acquirers can make upward revision in the price and number of shares till 7 days. Before the closure of the offer The shares holder shall have option to switch his acceptance between different offers to enable him to be in a better position to decide as to which of the subsisting offers is better.
(11) Penalty - SEBI (Substantial Acquisition of shares and takeover) Regulation lay down the obligation of acquires Target Company and merchant banker. Failure or non compliance of provision of the regulation by them would entail penal consequences. The penalty may be-
(i) Forfeiture of the escrow account
(ii) Directing the person concerned to sell the shares acquired in violation of the regulation and not to further deal in securities
(iii) Levy of monetary penalties
(iv) Prosecutions proceeding
(v) Directing transfer of any proceeds to investor protection fund of a stock exchange,
(vi) Debarring any person concerned from accessing the capital market or dealing in securities for such a period as may be directed by SEBI board.
Conclusion-
The Takeover Code facilitates investments and attracts investors. It has tried to maintain a balance between the concerns of the investors as well as that of the promoters. First takeover code was framed in 1997 which was amended in 2002 and subsequently replaced in 2011, namely SEBI (Substantial Acquisition of shares and take Over) Regulation, 2011. This regulation further amended in 2014, 2015, 2016 and finally in August 2017. These amendments are made keeping in view the good corporate governance in India.

Prof. (Dr.) Pallavi  Gupta

HOD, JIMS School of Law, Greater Noida