#LegalAspects

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We will delve into the Women Reservation Bill, discussing its historical background and legal aspects in Hindi. Stay tuned to gain a comprehensive understanding of this crucial legislation. The Women Reservation Bill aims to uplift and empower women in the political arena by allocating a certain percentage of seats exclusively for them. Supported by UNESCO, this bill has gained significant attention and debate over the years. We begin by exploring the historical significance of the Women Reservation Bill. By examining its origins and evolution, we aim to provide you with a broad perspective on this crucial piece of legislation. Understanding its historical context is essential in comprehending its impact on women's representation today. Moving forward, we delve into the legal aspect of the Women Reservation Bill. We analyze the different provisions, debates surrounding its implementation, and the current status of the bill in our legal system.

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THE LEGAL ASPECTS OF ASSET RECOVERY: WHAT YOU NEED TO KNOW

If you are willing to take legal actions to recover your personal or family asset, you need to know some facts. Depending on the nature of the asset, there are various classifications of legal actions. As a matter of fact the grounds of legal actions can be domestic or international. Thus, depending on the ground of action the legal aspects may follow the mentioned mechanisms:

Domestic Criminal Prosecution or conviction based confiscation. Moreover, an MLA request to carry actions on foreign jurisdiction can come along with this. 

Non-Conviction based confiscation (NCB). Similarly as the previous mechanism, this order can also come along with a MLA request to enforce orders in foreign territories. 

Private Civil Actions. As a matter of fact, this mechanism includes formal insolvency proceedings. 

Administrative Confiscation.

Along with all the mentioned, there are some other avenues too. More specifically, the other avenues include Taxation, fines and compensations orders in case of criminal trials. 

All these mechanisms will act according to the laws and actions of the ground. As a matter of fact, there are various national and international laws and regulations. Other than that, there are also many other instruments which can be both international and bilateral. Precisely, these instruments include various conventions and treaties. 

All the legal actions and mechanism are not beyond the ground of these laws and regulations. Hence, the mechanisms work abiding the guidelines and laws. 

The asset recovery legal frameworks are diversified through various sources. Hence, it is true that a proper legal action framework does not contain one single recovery law. Especially, the usage of more than one recovery laws is prominent in transnational cases. 

We will look through the various aspects and frameworks of legal strategies which we can use in case of asset recovery. These solutions are certified asset recovery solutions. As a matter of fact we have gathered these aspects from various sources and journal which have proven results. 

LEGAL ASPECTS OF ASSET RECOVERY:

Criminal Prosecution and Conviction-based Confiscation:

Criminal confiscation comes into action when the authority is willing to take action to recover asset. Moreover, if the authority is willing to file a criminal case, practitioners advise Criminal Prosecution and Conviction-based Confiscation.

As a matter of fact, the legal practitioner has to gather evidences and traces of the asset. Eventually, this will help them to secure the asset. The next step is to begin a prosecution action. Specifically this action is taken against an individual or an entity. The main focus will be to obtain a conviction. Later, this conviction will help to gather confiscation from the court. 

In addition with all these, the practitioners have to keep in mind about the standard proof needed for confiscation. As a matter of fact, in some jurisdictions, the standard mentioned for conviction is higher than the standard needed for confiscation. 

Non-Conviction Based Confiscation (NCB):

Confiscation without a conviction is another certified legal aspect recovery solution across the globe. The legal action framework has named this procedure as NCB or Non-Conviction based Confiscation. As a matter of fact, the objectives of criminal confiscation are similar to non conviction based confiscation. Specifically, this includes return and recovery of the assets. 

The NCB is slightly different from conviction based criminal confiscation. In case of NCB, there is no need to obtain a criminal conviction.  The practitioner needs to focus only on the confiscation proceedings. 

Private Civil Action:

To secure and recover stolen assets, a state can opt for this stage of legal framework. As a matter of fact, the states have the authority to begin proceedings in domestic civil courts as well as also in foreign territories. Moreover, the state can use this legal action mechanism to recover and secure the asset. In addition with this, the state can also ask for compensation against the damage related to the asset. 

The practitioners have to keep in mind that in case of foreign territories, carrying out this legal action can be tough. More specifically, if the accused is an individual or entity residing or have a seat in that country, that state can become competent. 

Administrative Confiscation:

Administrative Confiscation does not involve criminal court action. As a matter of fact, Criminal and NCB Confiscation require Criminal court action. On the contrary, where the requirements for recovering assets lack the proper requirements for criminal confiscation, state orders for administrative confiscation. 

Moreover, this confiscation also includes non judicial mechanisms. As a matter of fact, this legal action is entitled to authorized agencies. More specifically, police or designated law enforcement agencies opt for this type of legal actions.

CONCLUSION:

Other than the above mentioned, there are also alternative methods. Practitioners use these methods according to the ground and laws stated on the asset. As a matter of fact, practitioners use these methods according to the jurisdiction and situations. Moreover, these legal aspects do not have specific or universal pattern. Specifically, they have their own patterns and ways. Their methods distinguishes them from the above mentioned frameworks. 

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Guilty by Association

Initially when I considered the Legal Aspects of Social Media and Public Relations course I thought we’d be engaged in a great deal of ethical matters, and we were to an extent. During the course of four weeks we have considered Copyrights, Commercial Speech, the First Amendment, and quite a bit of other pertinent areas concerning the legal responsibility of gross negligence, infringement, and the list could go on and on.

This course exposed me to necessary details surrounding my awareness, and responsibility as a person who works within the press/media world, to check sources, and check them twice, to engage the public with their interests; there’s such a sense of neglect when it comes to the audience surrounding content emerged into their day to day functionality, with laws set in place that do not necessary assist in the best way possible. 

We considered cases which focused on freedom of speech, defamation, copyright and commercial speech. I learned a great deal of terminology regarding practices and functionality, the exposure was intense but well worth the new found understanding. I intend on researching these areas more as the principles and strategies are consistently changing. I will certainly apply the knowledge obtained; it makes for great business practices and helps me remain ethical. 

I enjoyed the defamation presentation assignment most; the project was interesting and insightful. I came away with a greater knowledge base and the webinar know how was great practice for web content that I intend on creating in the near future. It allowed me to walk through the steps necessary to create substantiated content to teach what I know. 

The Copyright coverage is most pertinent to me as a publicist, because I consistently repeat information that others share. The break down of method and operation is something that I will utilize immediately and in the future, although the other areas were important as well.

Knowing is half the battle when engaged in potential legal issues. I believe the exposure I’ve obtained over the past four weeks will act as a foundation to build upon, but surely gets me off to a great start understanding my responsibilities as a publicist. If you do things in the spirit of excellence without ulterior motives you can’t help but move in the right direction.

This course shared great information, I learned a great deal. However, I ‘d like to see more information specifically tailored to public relations as a practice, maybe cases dealing directly with PR issues rather than a conglomerate of issues. I’m very interested in understanding how to be effective within my craft and I don’t know that I’m truly excited about classes being combined from two different career fields. 

I think it’s great to learn about journalism, but I’m here to focus more so on my craft, that of PR and want to come away with a greater skill set because of the insight shared from the perspective of a publicist.

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Digital Healthcare - Legal Aspect

Digital healthcare includes health information technology, mobile health, wearable devices, telemedicine, telehealth and customized medicine. In digital health care programs information technology is used to provide the healthcare solutions to people who are undergoing treatment. Gadgets, health apps, electronic records all form a part of digital healthcare. It involves applying electronic information to healthcare services. As per the 2018 Consumer Survey on Digital Healthcare conducted by Accenture, almost 75 percent of the patients are using digital methods to get themselves treated. Despite this high chunk of population resorting to digital health care methods, there is no set out legislation specifically governing digital health care in India. The scope of digital healthcare being so expensive and covering a wide range of business prototypes, makes it difficult to administer. Especially in the context of the current pandemic, digital health has become an important part of our daily lives, with maximum benefit to the elderly.

Digital health care has made life easier. This area of healthcare with the rapidly increasing technology is bringing in advantages to both the service providers as well as the patients. But at the same time it poses a threat to privacy and sensitive information of patients. Many e-Health platforms are being vary of data infringements.

The security and safety of data is a serious issue in terms of access to personal data. Electronic Health Record Standards (EHR Standards) were provided by the Ministry of Health and Family Welfare in September 2013. Data protection requires that the collection of data and processing of such personal data should be lawful. The aim of Ministry of Health is to establish a governing body to regulate privacy protection laws, implements e-health standards regulate and store electronic data in a way that the privacy of patients is not infringed. National e-Health Authority, a body of the Ministry of Health and Family Welfare will be responsible for forming consolidated health information system. It will be set up as a regulatory body which will govern the digital healthcare in India.

One of the main issues involved in data sharing is confidentiality along with privacy, security, accountability. The Digital Information Security in Healthcare Act (DISHA) was drafted by the Health Ministry for protection of data in the healthcare sector of India. The main objects of DISHA are regulating storage and exchange of digital health information and maintaining strict privacy and security standards for the data stored and exchanged. 

The current data laws are not structured to tackle the amount of data and information that is being exchanged, accessed and stored. According to Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, all corporations need to put in place sufficient security measures. If adequate measures are not in place, and the data is not safeguarded, corporations would be liable to concerned individual.

The draft DISHA penalizes serious health care data violations. If a person intentionally infringes digital health data, or shares information that is not anonymous and fails to save data as per the Act, he is deemed to cause serious data breach. An employer may also be sued under the concept of vicarious liability, where his employee’s actions in the course of his employment result in healthcare data breach in accordance with the provisions of DISHA.

The Digital Healthcare sector is emerging rapidly and providing a sea of opportunities but it comes with risks. Laws governing the digital healthcare in India are yet to formalize. This will depend on how the sector evolves. Limitations are being considered while formalizing policies regulating the healthcare sector and more specifically the digitized data involved in the sector.

Originally posted on www.kpalegal.com on 22nd June 2021