Adoption of a “human rights perspective” in all measures taken to prevent and end trafficking in women and children.

             Development of standard minimum guidelines for all officials and service providers with regard to pre-rescue, rescue and post-rescue operations including rehabilitation, repatriation and reintegration of trafficked victims.  These guidelines should be gender-responsive and lay emphasis on the primacy of human rights of those who have been trafficked, including referral to other service providers in order to prevent revictimisation.  These could be prepared in the form of information kits or booklets or handbooks or do’s and don’ts or be made part of the rules issued under the concerned law and should also specify the accountability of the agencies concerned in providing services.  This would enable all officials and service providers – judicial officers, prosecutors, lawyers, law enforcement officials, medical and psycho-social professionals, functionaries manning homes/agencies of different kinds and others, to discharge their functions and duties effectively.

             Ensure that trafficked children, including girl children, are dealt with separately from adult trafficked women in terms of laws, policies, programmes and interventions. The best interest of the child should be of prime consideration in all actions concerning trafficked children. Steps should also be initiated to ensure that children who are victims of trafficking are not subjected to criminal procedures or sanctions for offences related to their situation as trafficked persons.

Formulation of an Appropriate Legal Framework

                The Government of India having ratified the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the two Optional Protocols to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts; and on the Sale of Children, Child Prostitution and Child Pornography and having signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, 2000, there is a need to bring a new national law or amend the existing law in consonance with international standards.  The new or amended law should be comprehensive enough to address all forms of trafficking including provision for stringent punishments and effective penalties. For example, incorporating legislative provision for confiscation of the assets and proceeds of trafficking and related offences.  Wherever possible, the legislation should specify that the confiscated proceeds of trafficking would be used for the benefit of victims of trafficking.  Consideration should be given to the establishment of a Compensation Fund for victims of trafficking and the use of confiscated assets should finance such a fund.

               The new or amended law should ensure that trafficked victims are prevented from being prosecuted, detained or punished for they are victims of situation beyond their control.  Likewise, it should be ensured that protection of trafficked victims is built into the anti-trafficking legislation itself.   The protection offered in no way should be made conditional upon the willingness of the trafficked victim to cooperate in the legal proceedings.

                The Central and State Governments/Union Territory Administrations should review current laws, administrative controls and conditions relating to the licensing and operation of businesses that may serve as a cover for trafficking, such as marriage bureaus, employment agencies, travel agencies, hotels and escort services.

                The law enforcement machinery should take effective measures to investigate, prosecute and adjudicate trafficking, including its related activities, irrespective of the fact whether these are committed by governmental or by non-state actors.

              In the light of international commitments made by the Government of India, the Union Ministry of Women and Child Development should review the Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children prepared by them.

               The services of nodal officers – one representing the police department dealing with investigation, detection, prosecution and prevention of trafficking and the other representing the welfare agencies dealing with rescue, rehabilitation and economic/social empowerment of the victims and those at risk – appointed by the State Governments/Union Territories with the suggestion of NHRC should be utilised for all purposes. 

Arvind Bagadgeri

Your home is your castle. It contains your most valuable possessions, not the least of which is your family. It is an unfortunate reality that criminals will exploit any gaps in your home protection system in order to invade your private domain. This can result in the loss of cash, jewelry, electronics and your sense of security. Or, even worse, it can result in the loss of a life; yours or a loved one’s.

Citizens are understandably becoming more and more aware of the dangers that face them, and are looking for solutions. Home owners need complete security plans that will protect their residence and everything in it, both while they are at home and while they are away. Home protection is a top priority.

The first step in home protection is to complete a comprehensive evaluation of your home’s “weak zones’. These are the aspects of your home that leave it open to attacks. By walking around the outside of your home, and looking carefully with “thief eyes” you should be able to identify any exploitable areas.

For example, windows provide an easy avenue to enter your home, especially when they are on ground level. You may also notice ways in which higher windows can be accessed either via trees or other buildings on your property.

After completing a survey of your property, it’s time to obtain the self defense and home protection tools that will keep you, your family, and your cherished belongings safe. Here are some easily overlooked weak points that most homes offer to criminals, and the effective tools that will deter them.

Many of us believe that the lock on our door will be enough to keep a burglar out; if we feel that we need extra security we simply add more locks. What we do not consider is how easy conventional locks are to pick. By adding more you may slow the burglar down a bit, but not enough to deter them.

The solution is to install an unpickable lock. Advancements in technology have essentially made keys obsolete; it’s time for you to get up to date with a fingerprint door lock. These locks will only allow you and your family to unlock the doors which means no keys to lose and no locks to pick.

Within your home you likely keep valuable such as jewelry, cash, and important documents. Protect your assets by keeping them safely secured in a safe. There are several models of safes on the market. The most advanced systems combine sturdy construction with fingerprint recognition access.

When searching for a merchant that carries home protection equipment it is important that you seek one who is reputable and knowledgeable. A great place to look is at bljs self defense.com . This company offers a wide variety of items, including fingerprint locks and safes, and provides consumers with education on self defense. In addition to the online resources, BLJ’s Enterprises supplies its customers with personal attention to help ensure that they develop a home protection strategy that is right for them.

Barry Jenkins
http://www.articlesbase.com/home-security-articles/home-protection-protecting-your-castle-89462.html

Business loans come in all shapes and sizes. There are lots of great reasons why you might be interested in applying for a business loan. You could be looking for startup financing just to get your business going. Or if you have an existing business, you may need to improve your production processes. Some companies need extra financing to increase their inventory at times of peak demand. Still others are looking to buy new equipment or purchase business property.

Your first step before you apply for an Australian business loan is to make sure you’re getting the right kind of business loan. Do you just need short-term financing or are you looking for long-term money? The most popular solution for short-term financing is business overdraft protection. It’s perfect for dealing with unforeseen expenses that may deplete your working capital. Your eligibility for business overdraft protection and the line of credit you can obtain depends on what security can offer and your business’s ability to repay.

Long-term financing is most often sought for business expansion, construction or equipment purchase. Most longer-term Australian business loans have a repayment period of one to five years.

You should begin by deciding what you will use the financing for and exactly how much money you need. This will help you determine the type of loan you want. Your next step will be to determine the best place to obtain financing.

To be fully prepared to apply for an Australian business loan, you’ll need to put together complete, up-to-date information about your business. Specifically you’ll need a current listing of your assets, liabilities and equity. Unless your business happens to be a one-man operation, this is something you’re going to need to get your accountant involved with. The lender probably won’t be impressed with notes on a napkin.

In addition to the standard business financial documents, you will also need to prepare cash flow projections. They communicate how money flows in and out of your business. Your cash flow projections should cover at least the next 12 months. Even if your income and expenses are variable, they normally even out over a year’s time.

Once you have all your information together, it’s time to contact your chosen lender and get an application. Depending on the lender and your location, this may involve picking up a paper application from a branch office. Many lenders now offer online applications for Australian business loans.

In most cases, the lender’s application and the business documents mentioned above will suffice. But in some instances, especially if you’re borrowing a large sum of cash or want to put it to some unusual purpose, the lender may require a more detailed loan proposal. This may be similar to proposals made what you started your business and could require an updated business plan.

If you’re self-employed and you wish to apply for an Australian business loan, special rules that make things a little easier may apply. If you or your business have an indigenous connection, or if you’re looking to finance entry into the import-export market, the Australian government provides special business loan opportunities.

Here are a few extra tips to keep in mind when you apply for an Australian business loan:

* Even though the low monthly payments might be attractive, you should avoid loans with balloon payments. There are no guarantees you’ll have this extra sum of money when it comes due at the end of the loan.

* Beware of loans with negative amortization. If you pay less interest than is being charged, your balance will actually go up.

* Never agree to a loan that includes prepayment penalties. If things go exceptionally well and you want to erase your debt, there’s no reason why you should pay extra for the privilege.

Finally, when you receive your Australian business loan, read the entire loan document before signing it and never, ever sign a document with blank lines that can be filled in later.

The health of small businesses is vital to the health of the entire economy. For this reason, lenders are generally supportive when you apply for an Australian business loan. It provides you with the cash you need and it’s profitable for the lender is well. In the end, your employees and the economy in general also benefit. It’s one of those rare situations in which everybody wins.

Jim Mcdonald
http://www.articlesbase.com/business-articles/how-to-apply-for-an-australian-business-loan-128300.html

For every person, whether or not you file Chapter 7 is up to you to determine. Although there are a number of different times when it is a very good idea, there are many that file that does not need to do so. For this reason, new laws have been put in place to determine just if you qualify to file in the first place. Your attorney will walk you through understanding if Chapter 7 is right for you, if Chapter 13 is a better choice or if you do not qualify for either.

First of all, you should know what you owe, who you owe it to and have a budget that cuts out every possible extra expense so that you can work to pay down your debt. Finding ways to actually cut through your bills can help you to really pay off those credit cards and bills, without having to file Chapter 7. The more drastic you are in doing this, the more successful you can be to avoid this problem.

Another thing that you should do is to consider using only cash for purchases. You may want to consider going to only cash in a set allowance, too. This will help you to really cut into the amount of money that you owe because you will not be adding to it each month. Give yourself a set amount of money to spend per month and does not go over.

You can also look for small ways to add dollars into your pocket. Selling off a few assets that you have and does not really need can help you to actually find benefits in the long term. If you have an extra car sitting in the garage, it may look nice, but it could be something to help you avoid filing Chapter 7. You should try to sell little things too, such as through garage sales and even by selling them in your local newspaper.

Another step in the right direction is to work with your creditors. You will find that there are non profit consumer credit counseling programs available that will work as the middle man. They will help you to find the right balance with your credit about your situation and even try to get your rates lowered.

While you can file bankruptcy on your own, it is much more efficient and economic to hire an attorney that specializes in bankruptcy. He or she will work with you to find the best possible solution for your needs. They will also work with you to meet with your creditors, to come to an agreement, and to file all of the legal work that must be filed in order for this to happen, without a problem.

Understanding what that actually means and entails is something different, though. Most people know what bankruptcy is but does not know the difference in Chapter 7 and Chapter 13. They does not know how to do it nor do they realize that it is harder than ever to have their debts discharged. Nevertheless, it is something you have to plan for. Here are some things that should be known.

Chapter 7: In this type of bankruptcy filing, your debts are discharged. All debts that are filed under this and are approved for discharge will be debts you are no longer responsible for. This type of bankruptcy filing is best for those that do not have assets or have assets that are not valuable enough for the creditors to file against.

Chapter 13: This type of filing is much different. Here, your debts are adjusted. This provides a temporary halt to the foreclosures and collections that are happening to you, in order for you to spend the next three to five years trying to pay down the debt that you owe. It will allow you to restructure the debt into easier to manage terms. In addition, it will change the interest rate on your loans to make them more affordable.

As of 2005, new bankruptcy laws went into place to keep those that have been filing Chapter 7 abusively from doing so. This law, called the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 is one that is quite comprehensive.

It provides several restrictions that will require those that are considering filing bankruptcy to follow before being able to have their bankruptcy discharged. The fact is that it is now harder than ever to file Chapter 7.

There are several things that are now taken into effect in regards to filing Chapter 7 under this new law. Here are some points that are important to know about.

– A variety of new deadlines is included. If these new deadlines are missed, your bankruptcy will not go through. Penalties for refilling will be higher and harder to work through.

– A test is provided by your attorney that will determine if you even are allowed to file bankruptcy. This will decide if you can file Chapter 7 or Chapter 13 and is called a means test. More people will be required to file under Chapter 13 which will require you to have your debts restructured so that you still have to pay them back, just at a lower rate.

– Your assets are likely to be valued higher than before and this includes furniture, cars, and other assets you have.

– There are also laws in place that require residency requirements as some individuals were seeking to use the laws of one area over another if they were more favorable to them.

– There are penalties and fees for trying to re-file. Although it was easy to do this in prior years, it is now going to be seriously challenging to do so.

– The judges are allows to provide for up to 20% in reduction to the debt is the creditors will not work with consumer credit counseling companies to help you to relieve your debt.

– There are also protections in the new law that allows for your college savings plans and your retirement funds to remain untouched by the filing of Chapter 7.

Filing Chapter 7 is almost a necessity to many. Those that have had to deal with expensive medical bills or those that were careless with credit cards often find themselves caught, under a rock and there is no way out. It is very hard to pull out of a situation like this, especially when there is no simple solution. For many, Chapter 7 really means a new beginning and the hope of a new future without debt.

Depending on how you decide to handle your financial trouble you should investigate all your options. There are many companies out there that specialize in debt consolidation and bankruptcy. Bankruptcy is not always the answer and can actually hurt you more than it will benefit you in the long run.

Dennis Cole
http://www.articlesbase.com/finance-articles/a-look-into-the-process-of-filing-chapter-7-and-13-bankruptcy-95778.html

Saving money for our children’s higher education is a little like walking through a mine field, which plan best suites our needs. President Bush has just signed the Pension Protection Act, the act outlines strengthening the financing rules for defined benefit plans. The main problem I found with this act is that the Pension Protection Act eliminates the 2010 sunset provision for tax-free withdrawals from the Section 529 tuition savings plan.

This plan was created in 1996 and it allows after-tax income (which means it will not be taxed there after) to be invested in state-sponsored plans and to grow free of federal and state taxes. Fortunately, the Economic Growth and Reconciliation Act of 2001 states that as long as the 529 money is used for college expenses that income earned can be withdrawn free of federal and state taxes. But the tax-free withdrawals are set to expire at the end of the year 2010. If and when that happens the distributions from the plan are taxable, albeit at the student rate.

Most experts are now saying that more 529 options only represent more ways to make the same mistake of investing in these plans. Your investments are locked into specific rules just for a tax benefit and the plan is completely lacking in flexibility. The Coverdell Education Savings Account is another alternative to Section 529. Both plans are similar in that they allow money to grow tax deferred. The Coverdell Education Savings Account may also be put towards primary and secondary education.

If your children qualify for financial aid and you want to use the 529 plans then put it in your name. You really don’t want the plan to be considered your child’s assets when financial aid calculates an aid package. For those high-income parents who probably won’t qualify for financial aid, it would make sense to place the Section 529 under you child’s name to take advantage of the lower tax rate.

Experts recommend purchasing a Series I United States savings bond with the child’s name on it. It can be used for higher education and the interest income is exempt from federal income taxes. Another option for a high-income family is custodial accounts – Uniform Transfers to Minors Account (U.T.M.A.) or Uniform Gifts to Minors’ Accounts (U.G.M.A.). These accounts are a way to shift assets to your children. You could also set up a complex trust which would include restrictions so that once the child turns 18 they would not be able to spend all the money on a car or sound system.

Carl Hampton
http://www.articlesbase.com/advertising-articles/bush-makes-big-changes-to-college-savings-plans-60228.html

Bankruptcy legislation under US law was first introduced in 1898, by the enactment of The Bankruptcy Act. Thereafter, from time to time, there have been many acts and amendments to laws on bankruptcy in response to commercial and socio-economic demands. Petitions for bankruptcy, filed under chapters 7, 11 or 13 Bankruptcy have different implications.

By filing for a bankruptcy petition under Chapter 7, the petitioner hands himself to the protection of the court. It implies that the petitioner has no hope of ever being able to repay back his debts. The end result is a complete liquidation of the petitioner’s assets through a court appointed trustee, subject to exemptions, by way of sale to payback the creditors. Thereafter, the debtor is discharged from his debts. The advantage here is that the court intervenes and prevents creditors from harassing you and makes sure that the debtor is not turned into a destitute after the liquidation of the assets, by exempting certain assets as cannot be attached or liquidated in course of bankruptcy proceeding. However, there are certain obligations and debts that are beyond the scope of that which can be discharged.

The exemptions are fully described in 11 United States Code Section 522.

Petitions filed under Chapter 13 are for unsecured debts under $25000 and secured debts under $750000. The debtor is allowed to restructure interest free debt repayments over a period of three to five years, under a new repayment schedule. The repayments are made to a trustee who appropriates the repayment against secured and unsecured debts, as per directions of the court. Creditor approval is not required and if the creditor(s) object to the reorganized repayment schedule, the court can force acceptance. The debtor’s assets are not categorized as under liquidation although the trustee has control over the finances.

Bankruptcy petitions under Chapter 11 are nearly always filed by businesses, since the limit for filing under this chapter is $2,000,000 and above for secured loans and unsecured loans cumulatively. Though, individuals may also file if the amount falls within these limits. This chapter also envisages a reorganization plan that may have a schedule up to six years. The business continues to run, preserving assets and jobs and the debt is restructured to enable repayment to be made from future profits, recapitalization, mergers or sale of some assets.

Foreclosure

After a bankruptcy petition has been filed, no action for foreclosure can be taken, if proceedings have already been initiated. Neither can someone be evicted if he has filed a bankruptcy petition. However, it is open to the lender to appear before the bankruptcy court to lift the stay, so that he may proceed with the eviction. Since it is a general practice for lenders to take action only after a three-month default, the foreclosure proceedings themselves take anywhere between four to nine months, after which the eviction will have to be conducted.

Credit

Any petition filed for bankruptcy has disastrous results for the petitioner credit worthiness. It spoils and ruins his credit. The bankruptcy related information usually remains on the credit report for a period of ten years. Availing of credit will be difficult and even if you are able to avail credit at a future date, it will be at a much higher interest rate, thereby raising costs.

Kris Koonar
http://www.articlesbase.com/non-fiction-articles/bankruptcy-foreclosure-credit-how-it-affects-you-119881.html

Freelance insurance is basically the specialized form of insurance wherein financial protection is provided to professionals working as freelancers. One of the biggest benefits of choosing freelance insurance is that the freelance professionals get an access to various kinds of protection possibilities that cover individuals from claims made by clients.

So, if you are a freelancer and looking to get the best freelance insurance cover, there are a variety of options available including various benefits. Some of the major coverage and benefits made available to professionals under freelance insurance include:   

Professional indemnity insurance
This kind of coverage provides financial protection against claims for personal assets. With the professional indemnity insurance coverage, the private assets of freelancers remain unaffected. This coverage is essential for professionals, such as editors, interior designers, creative professionals, copy writers and photographers. Other benefits available with this coverage include low excesses in filing claim, free cover of retroactivity and low amount of premium to be paid.

Business liability
This is another beneficial form of freelance insurance wherein the freelance professionals are protected from the claims of the third party against personal injuries or damages to the property.

In the current scenario, the culture of compensation is ever increasing as people claim for even minor injuries and that is why business liability has proved to be a good cover for freelancers providing shield against payments to be made against the compensation claims made by the third party.

Some of the key features of this freelance insurance include:

• Insurance for tax investigation: This freelance insurance is gaining prominence among people concerned about the investigations of tax amount for Inland Revenue. Under this insurance, all legal expenses are duly covered.
• Income protection cover insurance: This coverage provides benefits of life cover to freelancers so that they can live a tension free life.

Freelance insurance has become an indispensable part of freelancers lives by which they can work in relax and comfortable working environment.

Roberto Luongo
http://www.articlesbase.com/insurance-articles/benefits-of-choosing-freelance-insurance-755696.html

You have been saving diligently now for many years, looking forward to the day, not too far down the road, when you can retire and begin living off those hard saved dollars. You have done everything the gurus and planners have told you to do. You have used the vehicles they suggested, invested in the products they sold and taken advantage of every tax saving idea you have read about. You were even smart enough to move into cash in March of 2000 (well, maybe not that smart). You are going to be ok though, right? Maybe not!

Regardless if this is you or you have been planning to save for retirement as soon as you get that last bill paid off, it is time for you wake up to the tax problem that nobody mentioned to you until now.

How many times have you heard or been told that you are going to be in a lower tax bracket when you retire? Is that true and do you believe it? If it is true then putting all of that money into those tax-deferred vehicles may still be a good idea, but if it is not true, what are you going to be looking forward to?

Let’s start with some simple logic. First, what sort of income would you like to live on in retirement? My guess is that you would like to keep your standard of living about the same as it is today. What is your current tax bracket and how many deductions do you currently have? Most people have at least a mortgage deduction and if the kids are still at home you get a deduction for them. If you are smart you might even have a home based business that affords a few more deductions. So, you have current income (fully taxed) and current deductions.
What are you hoping or planning will happen before retirement? The kids are gone (and not coming back), the house is paid for and your income is replaced by your investments, right? Great plan but what happens to your taxes if your dream comes true? Every dollar coming in is fully taxed and you have lost every deduction you had. Does that sound like you being in a lower tax bracket?

Now let’s think through a little more of the problem. There are about 80 million baby boomers out there getting ready to join you in retirement. According to the Congressional Budget Office about 50% of them are on track to save enough money but are unlikely to experience the kinds of returns their parents did. In addition, there is no guarantee that the public benefits that were paid to your parents will be there for these future retirees. They are also likely to live at least 2 years longer in retirement than their parents which means that they will need either more assets or better growth of their assets if they want to maintain their lifestyles.

If you got from the last paragraph that there are also 50% who have not saved enough for their retirement then you are starting to get the picture that taxes may well be going up just when we need more money to fund our retirement and that as more and more boomers retire that need will only increase. This, my friend, is the part no one is talking about and this is the dilemma you will need to address for yourself, now, regardless of how close retirement is to you.

Does it make sense to be shoveling extra dollars into those tax-deferred savings plans if you know that just when you need to pull it out it is going to be taxed at rates even higher than today? Do you realize that if you live a normal retirement (from 65 – 85) and tax rates just stayed the same, you will pay 10% more in taxes on the money coming out of these plans as you saved by putting it in those plans? What kind of retirement planning is that?

So, what is a boomer to do? If what I just laid out makes sense to you, then you have only a couple choices in front of you to overcome this problem. First, stop overfunding your 401k plans. Put in whatever amount your company will match but don’t keep compounding your future tax problem by adding more to it. Next you could begin putting more money into your taxable accounts. At least this way you will be paying taxes at current rates and you can hope that congress will leave the capital gains rates alone for your entire retirement.

A better choice is to begin using vehicles that can create tax-free income in retirement. There are several that you should look into. First, you should be funding your Roth IRA if you can. You must be making less than $160,000 per year in joint income to be eligible though. If you can’t fund a Roth you might consider moving some or all of your IRA or 401k money into a Roth in 2010. That year anyone can make this conversion and have 2 years to pay the taxes on the transfer. This will effectively take that money and tax it at today’s tax rates and allow you to continue to grow it and use it tax-free in the future.

The next idea may sound strange but hang with me here as this might just be the real winner. Why not create a private retirement plan using cash value life insurance? If you have never considered this idea let me explain the benefits. First, life insurance, if properly structured, can create a nest egg that can grow tax-free, be accessed tax-free and passed on to your heirs tax-free. There is no limit to how much you can put into it, no requirement to ever take it out and the money is taxed only once, when it goes into the policy.
If we are using this as a cash accumulation vehicle we will want to structure it to be the most efficient it can be. We do that by buying the least amount of protection while putting as much money into the policy as fast as the tax laws will allow us to, without causing it to be classified as a modified endowment contract. A modified endowment contract functions much like an annuity which means that any money we take out will be taxed instead of being tax-free. If it is structured properly and held for 20 years or longer the internal costs are not much more than the average loaded mutual fund, about 1.5 to 2%.

There are also some great benefits to creating this supplemental retirement concept. Unlike your IRA or 401K, there are no restrictions on how or when you use the money inside the contract. You can even use it as your own banking source once it is fully funded. Why borrow money from the bank to purchase your next car or send your kids to college when you can borrow it from yourself, and pay it back to yourself. Your money is fully protected from lawsuits and creditors in most states and the dollars inside the policy never show up on college financial aid forms. And when you are ready to tap into it for retirement income, you can create a tax-free income stream that could be at least 50% greater than what you could create from those tax-deferred accounts.

If this idea makes sense to you, you will want to talk with someone who knows how these policies need to be structured and what type of policy would be the most advantageous for you. Regardless of what you have done in the past to plan for retirement, you should consider the ideas here as a way to overcome the tax problem no one has told you about, and to take control of your own financial future.

Marc E Cram
http://www.articlesbase.com/personal-finance-articles/the-tax-problem-no-one-is-telling-you-about-438242.html

“Amidst of an active propaganda machinery, controlled by the world’s largest corporations constantly reassuring that consumerism is the path to happiness, governmental restraint of market excess is the cause our distress, and economic globalization is both a historical inevitability and a boon to the human species, a consumer is a shopper who is sore about……”- – David Edward

I.Introduction

It would be in fitness of the fact to recall the greatest of Arab historians, Ibn Khaldun saying: “That in civilization there is a limit that cannot be overstepped. When prosperity and luxury come to a people, they are followed by excessive consumption and extravagance, with which the human soul itself is undermined, both in its worldly well-being and in its spiritual life”,[1] particularly in context of globalization, liberalization and consumerism in India. This is what happening in India under the auspices of MNCs and trade policies of developed countries which are supposedly formulated to devour the third world consumer kingdom.

Indians have a particular tendency to imitate what western nation states do but in context of consumer rights and responsibility we turned out as losers even in this art of ours. It was in1900 AD that the American consumer league was found in the USA, but we could not enact consumer protection law even after 40 years (1947-1986) of independence, though, in kautilya’s Arthashastra, there are references to the concept of consumer protection against exploitation by the trade and industry, short weighment and measures, adulteration, and punishment for these offences.[2]

Consumers are now participants in a global market, and possibly in a cybermarket. Law can only protect them (or us-we are all consumers) through rules which are essentially national, and which can only be enforced within national frameworks. Most of those rules have been enacted through a democratic political process. If the rules are useless in practice, people may question the usefulness of democracy and nation states. Consumer protection laws enable the correction of market failures and the redress of inequalities of information and power. Recent cases indicate that consumer protection laws, for a number of reasons, will be of little practical use to protect consumers in the global economy and in cyberspace. That raises the question of whether democratic politics can ever be used to bring countervailing force against those who abuse their position in the global market or the cybermarket. If so, what other national laws will be rendered useless: labor laws, environmental laws, other laws that result from an often vigorous political process? What functions remain for democratic politics?

II. Background

Fighting for the consumer interests has been there since the time of Adam, but in the beginning it was restricted to self satisfaction due to absence of mutual belief and societal needs. The ups and downs of various cultures saw changes in the face of consumer revolution over a period of time. Relevant changes and due arrival of multi class welfare state from end of the last century, led the beginning of the present consumer movement. In India, the consumer movement found a clear conception during the freedom movement of the 40’s when Gandhi established the lead. Father of nation – Mahatma Gandhi has been defined as the greatest consumer advocate the world had ever seen. His various pronouncement in the consumer interests were even applauded by Ralph Nader, who himself has been considered the greatest consumer activist of USA in recent times. Gandhi’s concern for the consumer is reflected in the following dictum: “a customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption in our work he the purpose of it. We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to serve him.”[3]

1949 saw the first consumer organization in India established by a gandhian R.P.Dalvai in madras. Since then the consumer movement in India started taking shape and by assumed the role of pressure group, with few mass membership organizations. It was in 1962, on 15th march, when John F. Kennedy the US president speaking to the US congress, declared four consumer rights and the movement in the USA took root. Subsequently, various countries passed consumer interests laws of different kinds.15th march, 1962 is the day in the history of consumer rights. On this day Kennedy said: “it is the consumer’s right to safety, information, and choice and hearing.”[4] On 9 April, 1985, the General Assembly of the United Nations unanimously adopted a set of general guidelines for consumer protection.[5] The 1984 and the 1986 amendment in the monopolies & restrictive trade practice act 1969 and the 1986 consumer protection act in India formed the basis and fillip to consumer movement through legal measures in our country.[6]

III. Globalization, Liberalization And Consumerism

III.1. Positive implications

The process of development coupled with increasing liberalization and globalization across the country has enabled consumers to appreciate their increasingly important role in society and governance.

Though it is said it to be ‘self reliant’ but in present scenario it seems unfeasible to tag along the same. in this day and age the world has transformed into ‘global village’ not only due to the advancement of trade and commerce but more due to technological advancement. Therefore liberalization is inevitable for a nation-state disposed to develop itself. It is very difficult for any nation to produce everything to satisfy its customer citizens, so the process of globalization and free trade is serving a noble cause for all the probable consumers by satisfying their otherwise unaddressed desires.[7] Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view. In fact it enforces consumer’s ‘right to choice’, as envisaged

by UNO in its guidelines for consumer welfare, in more sensible manner by exposing him to varieties of availabilities.[8]

III.2. Negative implications

Noam Chomsky, one of the world’s noted intellectuals, describes globalization thus: “Insinuation of extension of transnational corporate tyranny…Their first interest is profit—but much broader than that it is to construct an audience of a particular type …addicted to a certain lifestyle with artificial wants, an audience atomized, separated from one another, fragmented enough so that they don’t enter the political arena and disturb the powerful.”[9] This, is what all about existing Indian consumer, who is now heading opposite to its own philosophy of consumerism when we compare and contrast it with that of the Gandhiji’s which says that “while there is enough on earth for every man’s need there is not enough for everyone’s greed and that poverty is really the other face of the problem of possessiveness. “It is the consumerist mode of thinking.”[10]

Being the consumer of environment and nature today’s punter of the third world is really underprivileged of his very deep-seated, fundamental and natural right in the newly evolved monstrous paradigm of globalization in which human well-being is equated with material consumption regardless of the impact of unregulated economic growth on social ties and the environment. 6% of the world’s population in America is usurping 40% of the earth’s non-renewable fossil fuel resources and non-fuel mining alone produces 1300 million tonnes of garbage annually. If everyone in the world were to enjoy the American standard of consumption, it has been estimated that three planets Earth would be needed![11]

In the World Economic Forum 1999 meet, Nobel laureate and UNDP Goodwill Ambassador, Nadine Gordimer, condemned the process of globalization for increasing consumption unprecedentedly, jeopardizing truly human prospects: “While those of us who have been the generations of big consumers need to consume less, for more than one billion of the world’s poorest people increased consumption is a matter of life and death and a basic want–the right to freedom from want.” She asserted that consumption is necessary for human development “when it enlarges the capabilities of and improves people’s lives without adversely affecting the lives of others.”[12] This is how globalization turns out fatal for present and probable consumers as well as for national entities also.

III.3. Law and globalize world

The presence of an international or transnational element is likely to make the application of political will, translated into law, extremely difficult. International law does not operate directly on human behavior, or the behavior of corporations; the effective actors in international law are nation-states. Rights and remedies acquired under the law of one nation may be recognized and enforced in another nation, but this is not guaranteed. To obtain redress of grievances may be difficult and technically complex quite apart from the practical difficulties of language, location of parties, and finding a party with sufficient assets to justify initiating enforcement procedures.

Even where nation-states have the political will to unify or harmonize their legal rules, there may be difficulties in securing an expression of the policy which produces the same effects. However, the crucial factor in achieving any political solution to the control of anti-social behavior lies in the effective application of legal rules by entities sufficiently capable of asserting sanctions to affect their efficacy. If netizens can remove themselves from the scope of national laws, nation states may defeat the political process and it is not sufficiently clear what sanctions they may impose to assure compliance with rules they may themselves promulgate.

Since 1960, most developed countries with common law legal systems, the nations of Europe and most recently of Asia have enacted significant consumer protection legislation (For example, Japan, Korea and Taiwan have all recently introduced product liability legislation which is based on the 1985 Product Liability Directive of the European Communities).[13] Such laws are national, and operate only within the geographical limits of the enacting jurisdiction, except where conflict of laws rules permit them to be applied as part of the law of some other country. Attempts to apply such existing laws to activities outside the geographical boundaries of the enacting state might prove ineffective. Examples include marketing and sale of goods or services (including financial services) online through the Internet or satellite TV by suppliers who are in remote areas, often beyond the reach of legal process. If it is impossible to locate production, marketing, distribution and trade in goods and services in a defined physical and juristic locality, no legal control is possible.

III.4. Consumer Protection Laws in the Global World

Consumers have sought protection through legislation because the general laws and market forces have failed to provide it. Many consumer protection laws either relate to the terms and conditions of contracts that consumers make with suppliers for the supply of goods and services, or to conduct intended to encourage the making of such contracts (marketing, packaging, advertising and provision of information). Previous laws, especially the law of contracts, assumed that the parties to contracts are legally equal in terms of power and information. In substance, in real markets, almost invariably consumers have markedly less power and information than suppliers. The law deems the action of a consumer in buying a commodity to be the making of a contract – in theory a free, consensual act. In practice, the legal consequences are attributed to the action by the law without any consideration of what the consumer actually knows or wants. The common law of contracts simply cannot afford consumers the protection they probably would seek if they were rational, fully informed, and equal in economic power to the supplier. Because contract law offers an inadequate basis for an equitable legal transaction, it must be modified by legislation[14]in order to afford greater protection to consumers than they can negotiate individually for themselves.

III.5. Problem of legislative jurisdiction and its ways out

Both public and private international law restricts the power of nation states to provide legal sanctions and remedies. United States anti-trust law provides a good example of Globalization being challenged in its earliest stages. The year, 1892, saw the passage of Anti Trust Laws which made the nascent Industries of the Big Business Era accountable to the people and the Government of the day. Recently, Bill Gates was brought to the book for Anti Trust violations, which turned out to be a big theme for the U S economy in the first tenure of George Bush.

How law, politics and practicalities intersect in ways that destroy international goodwill.[15] Attempts by any single nation to proscribe activities beyond its physical boundaries by people who are neither residents nor citizens are likely to create the problem of legislative jurisdiction. When this happens, a state may enforce its extraterritorial laws within its own boundaries, but other states will steadfastly, block any attempt to enforce those laws within their own territories.

A preferable solution seems to be bilateral or multilateral international agreements under which governments concur that each will make criminal, under its domestic laws, the conduct which all desire to prohibit. This process is sometimes called “unification” or “harmonization” of law. If any activities in the Networld are to be made criminal, even though this process seems cumbersome, it may be the only acceptable means available. There are problems of securing agreement of uniform laws.[16]

IV. Consumer Protection Act 1986 (Copra)

The consumer protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive piece of legislations enacted for the protection of consumers. It was enacted after in-depth study of consumer protection laws in a number of countries and in consultation with representatives of consumers, trade and industry and extensive discussions within the Government.

The main objective of the act is to provide for the better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, and relief of a specific nature and award of compensation wherever appropriate to the consumer. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of the redressal machinery. It confers upon consumers eight rights i.e.: basic needs, safety, information, choice, representation, redress, consumer education, healthy environment. It provides remedies to the aggrieved customer in form Replace, Remove, Refund, Redress.

IV.1. Merits of COPRA

· Simplicity, straightforwardness and inexpensiveness.

· Swift disposal of disputes.

· Comprehensible to layman.

· Easily accessible.

· Consumer welfare oriented.

IV.2. Loopholes in COPRA

Devoid of practibility- legal technicalities which need lawyers to deal with.

Irregular functioning of consumer council.

Constrained powers of judges’ i.e. magisterial powers (though enhanced by the amendment of 2003 but not yet implemented).
No austere provision to dishearten proxy litigation.

V. Suggestions And Annotations

o It is extremely imperative to encourage volunteers, who are gallant, audacious and forthright, concerned in consumer protection movements.

o Organizations, NGOs, institutions and agencies allied to consumer movements should hearten administrative advocacy in settling consumer disputes so the hitch of case pendency and delay in case disposal can be avoided.

o Govt. should come up with varieties of plans to establish and manage laboratories, equipped with latest available international standard technologies, for testing samples of consumer goods with a view to determining their quality, purity and relative merit.

o Government should enter into treaties with various countries in order to ensure extra territorial operation of the act.

o Government should be pro active towards the cunning policies of MNCs to exploit the consumer.

o A heavy sum should be taken from the multination companies in the form of security money at the time of their establishment and incorporation.

o Most of the Indian consumers know only COPRA but they are not aware about other laws and statutes which protect their right so along with the dissemination of COPRA consumer should be made aware about the existence of other laws i.e. MRTP, Essential Commodities Act 1955, Bureau of Indian Standard Act 1986 etc.

o Government should make efforts to create a consensus for ‘global consumer policy.’

o Judicial activism should be increased in consumer related issues also and parental role should be played by the Supreme Court for consumer redressal agencies.

o Administrative advocacy should be encouraged in order to reduce the burden of consumer redressal agencies.

o Indian consumer suffers from lack of political willingness to enforce consumer rights emphatically. V.R. Krishna Iyer, former Chief Justice of India, expresses himself more stridently:” The country’s greatest enemy is GATT and the pro-MNC politics…leading to decolonization of India…Their capacity to corrupt, terrorize, propagandize, destabilize, colonies and subvert…has been the disaster of our country and of many others. And who invites them into our hallowed Bharat? The greats who have taken the oath of office under the secular socialist constitution and worship Gandhi as the Father of the Nation![17]

VI. Consumer Responsibility

Strange as it may seem, most consumers do not know that the law is on their side. It is for the consumers to enforce the provisions of law by vitalizing enforcement. The machinery is available. It has to be use effectively. Marilyn Ferguson writes in The Aquarian Conspiracy, “Countries like ours are full of people who have all the material comforts they desire, yet lead lives of quiet (and at times noisy) desperation, understanding nothing but the fact that there is a hole inside them and that however much food and drink they pour into it.[18] Therefore, being aware about rights a consumer should also understand his responsibilities for procuring the better outcomes.

VII. How Consumer Fraud Might Be Addressed in the Networld

The globalization of markets makes it very difficult for the laws of nation states to control the excesses of businesses operating outside of their physically defined territories. Computer mediated communication networks afford new opportunities for transnational marketing that may ignore the restrictions afforded by national consumer protection laws. How then could consumers be protected in this new virtual marketplace? A few possibilities are suggested, but none really offers promise of the level of protection which consumers receive under national laws.

§ First, the most obvious step would be for nations to seek bi-lateral treaties that establish reciprocal arrangements for enforcing consumer protection laws between nation-states that have similar laws.

§ Secondly, the most effective means, but most difficult to accomplish would be an international agreement concerning the rights of consumers online, similar to the international agreements governing transnational postal services and telecommunications.

§ Thirdly, the World Trade Organization might determine that consumer fraud online constituted a threat to the viability of international trade. As sanctions may be imposed upon non-conforming nation-states.

§ Fourthly, individual nation-states may enforce their own consumer protection laws unilaterally by inhibiting the travel of offending parties foreclosing entry into their territories.

§ Fifthly, Information Service Providers and Internet Access Providers may themselves unite to establish industry norms for appropriate behavior in offering consumer transactions over their systems.

§ Sixthly, major commercial interests that choose to offer products online may establish industry organizations that purport to guarantee an optimum level of consumer protection for purchasers of their products.

Conclusion:
We believe the more guidelines are required because there are always two sides of a coin, each instance of Consumer affairs could be easily termed as another ‘Consumer mistreatment’ .By the time market forces have time to operate, far too many consumers are dead, maimed, or impoverished. Within a nation-state, national laws may prevent some of this harm, but once national boundaries are crossed, their effectiveness is limited, and consumers can hope for very limited protection, If online trade proliferates and consumer fraud becomes a major problem, nation-states and commercial interests that provide online access are fairly restricted in the action they may take to curb unacceptable and deleterious practices. Certainly if consumers perceive online commerce as a hazardous place to make purchases, they will not choose this alternative, and a major opportunity for electronic commerce may be forfeited. Consequently, there is strong motivation for reputable business to observe high commercial standards of behavior.
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[1]. R.Agarwal and P.Rajnish (1953), The Mother: Questions & Answers, ( Collected Works vol.5, Pondicherry: All India Books )

[2]. Meenu Agrawal (2006), Consumer Behaviour and Consumer Protection in India, (New Delhi: New Century Publication.)

[3].Pardeep S Mehta and Dr Anant Sharma (1989), The Consumer- What to do? How to do?, (Jaipur, Consumer Unity & Trust Society ‘CUTS’).

[4]. Prof. Praful Chandra (1994), Servants not Master, (Udupi Consumer Forum).

[5]. David Harland (1987) “Global Concerns for Consumers”, United Nations Guidelines for Consumer Protection, (10): 245-266.

[6] .Avtar Singh (1994), Law of Consumer Protection- Principle and Practices, (Delhi: Eastern Book Co).

[7] .Mark V Nadel, (1971), The Politics of Consumer Protection, (Indianapolis and New York, Bobbs-Merrill).

[8] .P Hirst and G Thompson (1995), Globalization and the Future of the Nation-state, 24 Economy and Society.

[9]. Devi Sukumari (1996), “Bhotikvadi Upbhokta” Rajasthan Patrika, Jaipur, 1996.

[10] S.H.Venkatramani: “Wretched of the Earth”, The Times of India, 22.8.1995

[11]. Brown, Tom J. and Peter A. Dacin (1997), “The Company and the Product: Corporate Associations and Consumer Product Responses”, Journal of Marketing, 68–84.

[12]. “Globalization with a human face: towards a value-added society”, www.weforum.org/site/ knowledgenavigator.nsf/Content/B9AB658490C4D407,accessed on 13 Aug.2007.

[13]. Jocelyn Kellam (1995), Product Liability in the Asia-Pacific, (Sydney, Legal Books).

[14] J Goldring, (1990), Consumer Law and Legal Theory: Reflections of A Common Lawyer, 13 J Consumer Policy 1.

[15] Lea Brilmeyer, (1986), An Introduction to Jurisdiction in the American Federal System, Charlottesville, VA, Chap 10;

[16]. J Goldring, (1996), Uniformity, Harmonization or Restatement of Laws: Desirability and Implementation, (New York, Satanic and book company).

[17] V.R.Krishna Iyer: “The Indian crisis—some facets”, The Hindu, 12.10.1996, p.12.

[18].Georges Van Vrekhem (2002), Patterns of the present,, (New Delhi, Rupa).

loveleenchawla
http://www.articlesbase.com/law-articles/consumerism-688072.html

The business security is necessary to secure the business owner. To get the security from all types of threats business owners need protection.

The business insurance is the basic requirement to protect from all types of threats like theft, fire, lawsuit and employee accident. It is better to get the coverage from all the threats through selection of proper insurance policy. The insurance is important part of any business entrepreneurs. You can get protection by insurance. The present local as well global market condition will also affect on the performance of the small business.

1. The business owner gets safety against different threats like protection against business property, business liability, workers’ compensation, maintenance of vehicles, safety against thefts, cash flaw management etc.

2. Liability and property insurance at lower premium so that all small and mid-size business owners can affords it.

3. You must enquire with the insurance company to know the deductible benefits and read it carefully to get maximum advantage of deductibles. If you choose the policy with lower premium your deductible is high and if you choose higher premium policies than the deductible gets lower.

4. The general liability insurance gets third party coverage from damages of assets, injury, and publicity claims. Many small companies choose the general liability insurance depends on their needs.

5. The employers liability coverage will protect from the business from claims from employees related to illness as well as accident in the factory. Workers’ Compensation Insurance.

You must take business insurance to get coverage from all these threats by taking the insurance policy. You must have to clear about the claim processing as defined under the business insurance policy documents.

Christy Myers
http://www.articlesbase.com/insurance-articles/5-keys-benefits-of-business-insurance-435282.html