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FAQs
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How does the Arjun MBT compare with other battle tanks in the world?
I have to disagree with many of the answers above. The Arjun MKI & II are both very disappointing vehicles, with signNowly reduced capabilities compared to other modern third and fourth generation MBTs.Let´s start with mobility:The Arjun MkI is powered by a German MTU MB 838 Ka-501 diesel engine. This engine is a modernized version of the MTU MB 838 CaM 500 multi-fuel engine that was first fitted to the Leopard 1 MBT in 1965. Thanks to various upgrades, and the addition of a supercharger, the Ka-501 can signNow 1400 hp while the CaM 500 can only signNow 800 hp. So fans of the Arjun MBT (and its manufacturer) would have you believe that this tank has excellent mobility thanks to a hp/weight ratio of 23,5 (slightly below average for a modern MBT but still within acceptable norms). However, raw engine power is only one of the factors that determines a tank´s mobility. The problem is that because of its outdated design, the Ka-501 engine is big, heavy, extremely fuel inefficient (a pitiful 200km range on good terrain while other MBTs can easily signNow 500 km) and has very poor performance in terms of rpm and torque. These problems are worsened by the vehicles heavy weight (58 tons for the MkI and 68 for the MkII, the heaviest MBT in the world), meaning that the Arjun struggles to crest even a slight hill.Big, heavy, and terrible fuel efficiency...The current version of the MkII still uses the same outdated, crappy engine, although there are plans to upgrade to a modern American Cummins engine coupled with a French suspension. So far, these plans have yet to materialize. Protection: On paper, the Arjun´s armor is supposedly quite good. On paper.The manufacturer of the Arjun MBT claims that its "Kanchan heavy composite armor" is on par to the British Chobham armor from which it was developed. The Arjun MkI&II can also use locally manufactured ERA blocks, said to equal the performance of Russian Kontact-5 ERA from which they were developed as well. So theoretically, the Arjun´s armor uses excellent materials. The problem here is the design of the armor itself. The arjun´s gun shield is signNowly thinner than other modern MBTs. In addition, the primary gunner sight does not have a extra armor module.Notice how the left side of the turret is completely bereft of any composite armor (those white layers on the other side of the turret front). The gunner sits behind 250mm of spaced steel armor, and that´s it. Any modern APFSDS round will cut through that like it´s butter and vaporize the gunner.Notice the huge weak spot created by the primary gunner sight.So the turret front is terrible. But the turret sides are even worse. Notice how the vaunted "Kanchan heavy composite armor" (the white layers of armor) leave 2/3rds of the turret sides exposed. The turret sides of the Arjun I&II are literally paper thin. Worse, contrary to what the manufacturer claims there are no blowout panels on the Arjun MBT, nor is it equipped with a separate ammunition compartment. Where is that separate ammo compartment you´ve been talking about?This means that virtually round penetrating the turret will ignite the tank´s ammunition and vaporize it in a big fireball.Moving on...Firepower:If you thought the Arjun was a bad tank before, you haven´seen anything yet.The Arjun MKI&II both use the same gun: a 120/55 mm rifled gun inspired by the British L30 rifled tank gun used by the British Challenger 2. Proponents of the tanks will tell you that because the gun is rifled, it is more accurate than the smoothbore guns used on the Abrams or the T-90. That´s bullshit, to put it simple.A rifled gun applies a spinning motion to the round it fires, meaning those rounds will be more stable when travelling through the air and more accurate over range. However, modern ammunition doesn´t need a rifled barrel to be accurate and stable, since they are equipped with little fins at the end of their penetrator, that apply a spinning motion to the round as it travels through the air. Put simply, modern ammunition spins itself, and doesn´t need a rifled gun to be accurate.Notice the little fins at the end of the round.Therefore, the claims that the manufacturer makes about the gun´s accuracy are very doubtful at best. It is claimed that the Arjun has a First Hit Probability (FHP) of 90%, even on the move, thanks to an excellent stabilizing system and Fire Control System (FCS). Comparative trials were conducted between the Arjun MkII and the T-90, where it was claimed that the Arjun MkII outperformed the T-90.However, Indian Army Generals have since come out to say that those trials were rigged by corrupt defense officials, and that the accuracy of the Arjun MBT is vastly overestimated.But the worst of all is the penetrating power of the Arjun´s main gun. At 2km, a round fired by the Arjun can only penetrate 300mm of Rolled Homogenous Armour (RHA).This is pitifully bad. At 2km, this tank won´t even be able to penetrate the side armor of most modern MBTs. As a comparison, most modern APFSDS rounds can penetrate between 700 and 900 mm of armor at 2 km. That´s 3x the penetration of the Arjun. The poor penetrating power of the Arjun is attributed to poor materials used for the penetrators, a low-pressure firing chamber and a short penetrator length.Soooo, if we recap:The mobility of the Arjun is terrible. Its armor is virtually non-existent with huge weak spots all around the turret, and its gun is horrendously inadequate by modern standards.There is a reason why even the Indian Army refuses to use the bloody thing. Only 100-200 Arjuns have been ordered to placate the government and DRDO (the Arjun manufacturer), while the Army relies on 1250 T-90 and 2500 T-72 MBTs.
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How does the Western army or a defense analyst consider the Arjun Mark-2 Indian MBT?
Answer is based considering Mk-2.A comparison table:ARMOR: It is comparable to any western tank and better than the T-90S. It consists of ERA Mk2 and Kanchan composite Armor. Arjun can take a point blank hit from T-72. demonstrated the capability to defeat HESH and APFSDS rounds, which included the Israeli APFSDS rounds.A new honeycomb design of Non-Explosive and Non-Energetic Reactive Armour (NERA) along with nuclear, biological and chemical (NBC) protection equipment is present on Mk2. Entire Electronic protection suit (LWR, RWR, Laser dassler, EW Jammers). Arjun Mk2 uses a Mobile Camouflage system to reduce it’s signature made by DRDO, same is used on T 90S as well. All this active and passive protection systems are on par with any modern western tank.FIREPOWER:It has a 120 mm rifled cannon which will be replaced by a smoothbore in upcoming HNS Mk2. Missile firing capacity is only in Merkava, T 90 and Arjun. Arjun uses Indigenous DRDO CLGM. Also a Themobaric Round has been made for Arjun Mk2 which is superior to any ammunition as of now. It also has BEL made 12.7mm RCWS and Includes Friend-foe identification device.Includes Day/night, thermal capable panoramic vision. So firepower is at par with any western tank.Moreover Arjun can Fire easily while moving at 25Km/hr whereas T-90S can do only upto 16 Km/hr.VECTRONICS: However, the area that will see the Arjun Mk.2 emerging as a true new-generation MBT will be vectronics, and in particular the battlespace management system (BMS), which has been designed to operate at the unit-level and below, and which will synthesise the battlespace situational awareness picture for the unit commander, whether it be a mechanised infantry regiment or an armoured regiment. The MBT and selected infantrymen will thus become situational awareness platforms. Vectronics of Arjun Mk-2 are part of BMS(Battlefield Management System which was derived from F-INSAS) lateron these system will be integrated in APCs, IFVs and T72/90s.Arjun and several prototypes of TATA kestrel(Ordered as pilot project) are the first to get test the BMS based network centric system. Hence Arjun is more Network Centric and have better situational awareness than any other tank in IAs inventory.CONTROVERSIAL TOPICSArjun had been the centre of criticism only for one reason Weight.Arjun Mk2 when fully loaded is 68 ton.Similarly:Challenger fully loaded= 72.5 TonLeopard=63 TnMerkava=65 tonM1A2 fully loaded=72 tonWhat needs to be realised is that whenever we talk about weight and start abusing and criticising the Arjun as “Overweight Fat pig” when ground pressure of Arjun Mk2 is less than T-72, it is not the tank’s fault rather the theory on which it is built . All other tank the IA uses are Medium Battle Tank hence lower weight which emphasises on mobility but the western tanks are based on supreme firepower with robust protection and crew comfort hence the weight, the same theory on which Arjun is made.Also as of now Arjun is the only tank in IA inventory to have AC for the crew, T-72 CIA got ot later and T-90 was to be done but Russia had objections with same. Needless to say the major motivation behind it was to face the Pakistani M1A1 Abrams which was then offered by US to Pakistan but never made into Pakistani Inventory.But we need to see the tank as a whole ecosystem which consists ofRoads it will travel in it’s host countryMaximum capacity of local bridges can takeAll other assets to make it cross ridges rivers like (ARV, BLT,trucks and wagons etc).While the last has been taken care by DRDO and other agencies, the civilian Roads and bridges have way less capacity than 60 ton(Approx Deassembled weight of Arjun). Needless to say the normal roads are made not even keeping in mind about the civilians, you will find a big pit within a fortnight, imagine the condition of road just after a 68 ton beast rams over it. Only National highways are capable of carrying Arjun’s weight. In other terms Arjun might be ready but India’s Road network doesn’t seems in a mood to do so. Unlike in developed country where the max load of these roads are set keeping in mind their strategic importance.Arjun Train Wagon:Arjun On truck:Arjun Bridge:Arjun BLT:Future Upgrades underway:1.Use of HNS(High Nitrogen Steel) made by DRDO and produces by Jindal Steel Hisar to bring weight to 50–58 ton range.2.New hull and turret are designed in collaboration with Dynamatic technologies and Alicon group and TATA power SED.3.New Bharat powerpack 1500 HP instead of existing 1400 Hp (Below pic : Test rig).4. Integration of indigenous APS, as of now Israeli APS can be used on Mk2 if needed.5.New 120 mm Smoothbore cannon.CONCLUSION:Firepower, Protection, Situational awareness, Electronic Warfare: Arjun Mk2 is comparable to any western tank if not better.Logistics: Arjun is as weak as any western tank if moved inside India, even western tank will face problems in transportation in India, let alone Arjun. For that the motor roads have to be constructed accordingly.Pic Credits: Trishul-trident, DFI, DRDO tech focus and Google and Myself.Literature: Trishul-trident
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How good is Arjun MK2 when compared to its Western counterparts?
Thanks for A2AAnswer is based considering Mk-2.A comparison table:ARMOR: It is comparable to any western tank and better than the T-90S. It consists of ERA Mk2 and Kanchan composite Armor. Arjun can take a point blank hit from T-72. demonstrated the capability to defeat HESH and APFSDS rounds, which included the Israeli APFSDS rounds.A new honeycomb design of Non-Explosive and Non-Energetic Reactive Armour (NERA) along with nuclear, biological and chemical (NBC) protection equipment is present on Mk2. Entire Electronic protection suit (LWR, RWR, Laser dassler, EW Jammers). Arjun Mk2 uses a Mobile Camouflage system to reduce it’s signature made by DRDO, same is used on T 90S as well. All this active and passive protection systems are on par with any modern western tank.FIREPOWER:It has a 120 mm rifled cannon which will be replaced by a smoothbore in upcoming HNS Mk2. Missile firing capacity is only in Merkava, T 90 and Arjun. Arjun uses Indigenous DRDO CLGM. Also a Themobaric Round has been made for Arjun Mk2 which is superior to any ammunition as of now. It also has BEL made 12.7mm RCWS and Includes Friend-foe identification device.Includes Day/night, thermal capable panoramic vision. So firepower is at par with any western tank.Moreover Arjun can Fire easily while moving at 25Km/hr whereas T-90S can do only upto 16 Km/hr.VECTRONICS: However, the area that will see the Arjun Mk.2 emerging as a true new-generation MBT will be vectronics, and in particular the battlespace management system (BMS), which has been designed to operate at the unit-level and below, and which will synthesise the battlespace situational awareness picture for the unit commander, whether it be a mechanised infantry regiment or an armoured regiment. The MBT and selected infantrymen will thus become situational awareness platforms. Vectronics of Arjun Mk-2 are part of BMS(Battlefield Management System which was derived from F-INSAS) lateron these system will be integrated in APCs, IFVs and T72/90s.Arjun and several prototypes of TATA kestrel(Ordered as pilot project) are the first to get test the BMS based network centric system. Hence Arjun is more Network Centric and have better situational awareness than any other tank in IAs inventory.CONTROVERSIAL TOPICSArjun had been the centre of criticism only for one reason Weight.Arjun Mk2 when fully loaded is 68 ton.Similarly:Challenger fully loaded= 72.5 TonLeopard=63 TnMerkava=65 tonM1A2 fully loaded=72 tonWhat needs to be realised is that whenever we talk about weight and start abusing and criticising the Arjun as “Overweight Fat pig” when ground pressure of Arjun Mk2 is less than T-72, it is not the tank’s fault rather the theory on which it is built . All other tank the IA uses are Medium Battle Tank hence lower weight which emphasises on mobility but the western tanks are based on supreme firepower with robust protection and crew comfort hence the weight, the same theory on which Arjun is made.Also as of now Arjun is the only tank in IA inventory to have AC for the crew, T-72 CIA got ot later and T-90 was to be done but Russia had objections with same. Needless to say the major motivation behind it was to face the Pakistani M1A1 Abrams which was then offered by US to Pakistan but never made into Pakistani Inventory.But we need to see the tank as a whole ecosystem which consists ofRoads it will travel in it’s host countryMaximum capacity of local bridges can takeAll other assets to make it cross ridges rivers like (ARV, BLT,trucks and wagons etc).While the last has been taken care by DRDO and other agencies, the civilian Roads and bridges have way less capacity than 60 ton(Approx Deassembled weight of Arjun). Needless to say the normal roads are made not even keeping in mind about the civilians, you will find a big pit within a fortnight, imagine the condition of road just after a 68 ton beast rams over it. Only National highways are capable of carrying Arjun’s weight. In other terms Arjun might be ready but India’s Road network doesn’t seems in a mood to do so. Unlike in developed country where the max load of these roads are set keeping in mind their strategic importance.Arjun Train Wagon:Arjun On truck:Arjun Bridge:Arjun BLT:Future Upgrades underway:1.Use of HNS(High Nitrogen Steel) made by DRDO and produces by Jindal Steel Hisar to bring weight to 50–58 ton range.2.New hull and turret are designed in collaboration with Dynamatic technologies and Alicon group and TATA power SED.3.New Bharat powerpack 1500 HP instead of existing 1400 Hp (Below pic : Test rig).4. Integration of indigenous APS, as of now Israeli APS can be used on Mk2 if needed.5.New 120 mm Smoothbore cannon.CONCLUSION:Firepower, Protection, Situational awareness, Electronic Warfare: Arjun Mk2 is comparable to any western tank if not better.Logistics: Arjun is as weak as any western tank if moved inside India, even western tank will face problems in transportation in India, let alone Arjun. For that the motor roads have to be constructed accordingly.Pic Credits: Trishul-trident, DFI, DRDO tech focus and Google and Myself.Literature: Trishul-trident
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What is it like to have ADD or ADHD?
Wow. So many awesome answers. I share much of what has already been described:* Brighter than almost everyone around me* Learn new things incredibly fast when engaged* See deeply into problems--develop an abstract understanding of a new area so much faster than others* Very, very good at anticipating problems and making a plan. Very, very bad at executing against it.* Terribly easily distracted, always starting and abandoning projects* Information junky LOVE to learn new things* Incredibly verbal and charming when I want to be. Witty and funny.* Viciously self-critical and sometimes viciously critical of others* Hate to wait, always late, procrastinate.* Finish people's sentences for them* Only care about getting the information I need. Please don't tell me why that task isn't done. I don't care. I asked a yes or no question: Is it done? * Being mistaken for a dick because my irritation over delay and distraction is mistaken for judgment about another's behavior or their output.* C student in high school, didn't graduate college. Sometimes spent more time helping others with their homework than doing my own.* Hated to attend lecture. The information came too slowly. Detested listening to others ask questions of the teacher. Why are they so stupid? This is a waste of my time. Learned on my own time in my own way.* Undisciplined about health. Don't take care of my health for years at a time. Then flip-flop to hyperfocused. Eat carefully, exercise every day, drop 40 pounds or more, then peter out and back to sloth.* No self-control around foods. Can't eat one cookie. The only way I can eat better is to not have the cookies around.* Tried drugs as a teenager but didn't like them. I literally didn't get what others thought was exciting about being drunk or stoned. Would 100X rather waste time reading a fascinating history book or playing a strategy game than feel impaired.* TV calms me if it is engaging. Enrages me when it isn't. Commercials usually make me want to tear my eyes out. Poorly written comedy makes me want to kill somebody. I can more-or-less only watch PBS and cable TV because the programs are commercial free. Documentaries are the BOMB. Who knew earth worms were so fascinating? And I feel so much calmer while I watch...* Radio calms me if it is engaging, Enrages me when it isn't. The increased volume of radio commercials and makes me want to firebomb car dealers and other radio advertisers. I am engaged only when I get a constant stream of just the right music or engaging information from people I respect. I can pretty much only listen to PBS and internet radio today.* Movies often bore me, unless they hit the right psychological note. Can't stand to watch shoot-em-ups, blow-em-ups, superpower-them-ups, hack-em-ups. Have to watch movies that show me nuance and psychological realities. When I do have to watch silly movies with my children, have to analyze the symbolism to death. * Always felt different. Always knew there was something wrong with me. Always felt lonely. Couldn't put my finger on the problem with me.* Couldn't achieve my potential. Couldn't even come close.* Verbally Impulsive. Have great trouble concealing a negative emotional reaction.* Will freely express a negative opinion of an idea. Can't understand why that would bother the other person. After all, I was only trying to help improve the idea... * Am not strongly attached to my own ideas. They come and go fast anyways. If you shoot it down, I'll go back to the drawing board and comeback with another.* Consistently underestimate the time I need to complete tasks.The only real thing I can add to what others have written is the depression and self-doubt. If you allow it to get to you, it can be so demoralizing to lose your wallet, phone or keys every morning. To once again leave the house without remembering that form you were supposed to return to the kids school. It sucks to constantly feel you are disappointing others. It sucks to feel you don't know how to love other people because your attention wanders the moment their needs don't require your focused attention. It sucks to know you set a bad example for your children. It sucks to know in the moment you are becoming obsessed over something inconsequential and have pursued it far beyond the point of behaving productively. It sucks to feel that you are self-centered because your need to have your anxiety reassured is so important you often can't suspend it when you should.ADD is the best of times and the worst of times. Sometimes I feel so powerful because it is so easy to put that blowhard in his place by pointing out the myriad flaws in his argument. Sometimes I feel so self-confident because I don't give a fuck what people think of me so I can say what I want. Sometimes I feel so awesome because I can do things with my brain others find incredible. Sometimes I feel hopeless because I can't get up off the couch to do the simple things that must get done today.
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What are the laws - Data Protection, Data Transmission and Export and Data Encryption in India to operate a technology platform
The Information Technology Act, 2000 came into force on 17.10.2000 vide G.S.R No. 788(E) dated 17.10.2000 and for the first time, a legal definition of “Computer”, “Data”, “electronic record”, “Information” et al were provided. The said Act gave a legal recognition to the electronic records and digital signatures and in Chapter IX thereof provided for penalty and adjudication. Section 43 of the Act interalia provided that in case of unauthorised access, download or copying or damage to data etc, the person responsible shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person affected.Apart from civil liability provided under Section 43, Chapter XI (Sections 63 to 78) of the Act of 2000 provided for criminal liability in cases of Tampering, Hacking, publishing or transmitting obscene material, misrepresentation etc. Apart from the same, Section 72 of the Act provided for penalty in case of bsignNow of confidentiality and privacy and laid that in case any person who has secured access to any electronic record, Data or information, discloses the same to any other person without obtaining the consent of the person concerned, he shall be punished with imprisonment upto two years or with fine upto Rupees one lakh or with both.However, the provisions of the Information Technology Act, 2000 were not adequate and the need for more stringent data protection measures were felt, the Information Technology (Amendment) Act, 2008 was enacted which came into force on 27.10.2009. The said Amendment Act brought in the concepts like cyber security in the statute book and widened the scope of digital signatures by replacing the words “electronic signature”. The amendment act also provided for secure electronic signatures and enjoined the central government to prescribe security procedures and practices for securing electronic records and signatures (Sections 15-16) The amendment Act also removed the cap of Rupees One Crore as earlier provided under Section 43 for damage to computer and computer systems and for unauthorised downloading/ copying of data. The said Amendment Act also introduced Section 43A which provides for compensation to be paid in case a body corporate fails to protect the data. Section 46 of the Act prescribes that the person affected has to approach the adjudicating officer appointed under Section 46 of the Act in case the claim for injury or damage does not exceed Rupees Five crores and the civil court in case, the claim exceeds Rupees Five crores. The amendment act also brought/ introduced several new provisions which provide for offenses such as identity theft, receiving stolen computer resource/ device, cheating, violation of privacy, cyber terrorism, pornography (Section 66A-F & 67A-C). The amendment act also brought in provisions directing intermediaries to protect the data/information and penalty has been prescribed for disclosure of information of information in bsignNow of lawful contract (Section 72A)With the enactment of the Amendment Act of 2008, India for the first time got statutory provisions dealing with data protection. However, as the ingredients of “sensitive personal data and information” as well as the “reasonable security practices and procedures” were yet to be prescribed by the Central Government, the Ministry of Communications and Information Technology vide Notification No. GSR 313 (E) dated 11th April 2011 made the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information ) Rules, 2011 (the said rules). Rule 3 of the said rules defines personal sensitive data or information and provides that the same may include information relating to password, financial information such as bank account or credit card details, health condition, medical records etc. Rule 4 enjoins every body corporate which receives or deals with information to provide a privacy policy. Rule 5 prescribes that every body corporate shall obtain consent in writing from the provider of the sensitive information regarding purpose of usage before collection of such information and such body corporate will not collect such information unless it is collected for a lawful purpose connected with the function or activity of such body corporate and collection of such information or data is necessary and once such data is collected, it shall not be retained for a period longer than what is required. Rule 6 provides that disclosure of the information to any third party shall require prior permission from the provider unless such disclosure has been agreed to in the contract between the body corporate and the provider or where the disclosure is necessary for compliance of a legal obligation. The Body corporate has been barred to publish sensitive information and the third parties receiving such information have been barred to disclose it further. Rule 7 lays down that the body corporate may transfer such information to any other body corporate or person in India or outside, that ensure the same level of data protection and such transfer will be allowed only if it is necessary for performance of lawful contract between the body corporate and provider of information or where the provider has consented for data transfer. Rule 8 of the said rules further provide reasonable security practises and procedures and lays down that international standard IS/ISO/IEC 27001 on “Information Technology- Security Techniques- Information Security Management System- requirements “ would be one such standard.The Ministry of Communication and Information Technology further issued a press note dated 24th August 2011 and clarified that the said rules are applicable to the body corporate or any person located within India. The press note further provides that any body corporate providing services relating to collection or handling of sensitive personal data or information under contractual obligation with any other legal entity located within India or outside is not subject to requirements of Rules 5 &6 as mentioned hereinabove. A body corporate providing services to the provider of information under a contractual obligation directly with them however has to comply with Rules 5 &6. The said press note also clarifies that privacy policy mentioned in Rule 4 relates to the body corporate and is not with respect to any particular obligation under the contract. The press note at the end provides that the consent mentioned in Rule 5 includes consent given by any mode of electronic communication.Data Protection relates to issues relating to the collection, storage, accuracy and use of data provided by net users in the use of the World Wide Web. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is part of the confidence-creating role that successful e-Commerce businesses have to convey to the consumer. If industry doesn't make sure it's guarding the privacy of the data it collects, it will be the responsibility of the government and it's their obligation to enact legislation.Any transaction between two or more parties involves an exchange of essential information between the parties. Technological developments have enabled transactions by electronic means. Any such information/data collected by the parties should be used only for the specific purposes for which they were collected. The need arose, to create rights for those who have their data stored and create responsibilities for those who collect, store and process such data. The law relating to the creation of such rights and responsibilities may be referred to as ‘data protection’ law.The world’s first computer specific statute was enacted in the form of a Data Protection Act, in the German state of Hesse, in 1970.The misuse of records under the Nazi regime had raised concerns among the public about the use of computers to store and process large amounts of personal data.The Data Protection Act sought to heal such memories of misuse of information. A different rationale for the introduction of data protection legislation can be seen in the case of Sweden which introduced the first national statute in 1973.Here, data protection was seen as fitting naturally into a two hundred year old system of freedom of information with the concept of subject access (such a right allows an individual to find out what information is held about him) being identified as one of the most important aspects of the legislation.In 1995, the European Union adopted its Directive (95/46/EC) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the Directive), establishing a detailed privacy regulatory structure. The Directive is specific on the requirements for the transfer of data. It sets down the principles regarding the transfer of data to third countries and states that personal data of EU nationals cannot be sent to countries that do not meet the EU “adequacy” standards with respect to privacy.In order to meet the EU “adequacy” standards, US developed a ‘Safe Harbour’ framework, according to which the US Department of Commerce would maintain a list of US companies that have self-certified to the safe harbor framework. An EU organization can ensure that it is sending information to a U.S. organization participating in the safe harbor by viewing the public list of safe harbor organizations posted on the official website.Data protection has emerged as an important reaction to the development of information technology. In India data protection is covered under the Information Technology Act, 2000 (hereinafter, the Act). The Act defines ‘data’ as, “‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer”. Protection of such data and privacy are covered under specific provisions in the Act. In the recent past, the need for data protection laws has been felt to cater to various needs. The following analyses the position of data protection law with respect to some of the needs.Data Protection Law In Respect of Information Technology Enabled Services (ITES)India started liberalizing its economy in the 1990’s and since then a huge upsurge in the IT business process outsourcing may be witnessed. Financial, educational, legal, marketing, healthcare, telecommunication, banking etc are only some of the services being outsourced into India. This upsurge of outsourcing of ITES into India in the recent past may be attributed to the large English-speaking unemployed populace, cheap labour, enterprising and hardworking nature of the people etc. Statistics have shown that the outsourcing industry is one of the biggest sources of employment. In a span of four years, the number of people working in call centers in the country supporting international industries has risen from 42,000 to 3,50,000. Exports were worth $5.2 billion in 2004-2005 and are expected to grow over 40% this fiscal year. US is currently the biggest investor in Indian ITES, taking advantage of cheap labour costs. Statistics indicate that software engineers with two-years experience in India are being paid about 1/5th of an equivalent US employee.Concerns about adequacy of lawBPO FraudsWith globalization and increasing BPO industry in India, protection of data warrants legislation. There are reasons for this. Every individual consumer of the BPO Industry would expect different levels of privacy from the employees who handle personal data. But there have been situations in the recent past where employees or systems have given away the personal information of customers to third parties without prior consent. So other countries providing BPO business to India expect the Indian government and BPO organizations to take measures for data protection. Countries with data protection law have guidelines that call for data protection law in the country with whom they are transacting.For instance, in, the European Union countries according to the latest guidelines, they will cease to part with data, which are considered the subject matter of protection to any third country unless such other country has a similar law on data protection. One of the essential features of any data protection law would be to prevent the flow of data to non-complying countries and such a provision when implemented may result in a loss of "Data Processing" business to some of the Indian companies.In the recent past, concerns have been raised both within the country as well as by customers abroad regarding the adequacy of data protection and privacy laws in the country. A few incidents have questioned the Indian data protection and privacy standards and have left the outsourcing industry embarrassed. In June 2005, ‘The Sun’ newspaper claimed that one of its journalists bought personal details including passwords, addresses and passport data from a Delhi IT worker for £4.25 each. Earlier BPO frauds in India include New York-based Citibank accounts being looted from a BPO in Pune and a call-center employee in Bangalore peddling credit card information to fraudsters who stole US$398,000 from British bank accounts.UK's Channel 4 TV station ran broadcast footage of a sting operation exposing middlemen hawking the financial data of 200,000 UK citizens. The documentary has prompted Britain's Information Commissioner's Office to examine the security of personal financial data at Indian call centers.In the absence of data protection laws, the kind of work that would be outsourced to India in the future would be limited. The effect of this can be very well seen in the health-care BPO business, which is estimated to be worth close to $45 billion. Lack of data protection laws have left Indian BPO outfits still stagnating in the lower end of the value chain, doing work like billing, insurance claims processing and of course transcription. Besides healthcare, players in the retail financial sector are also affected. Financial offshoring from banks is limited because of statutory compliance requirements and data privacy laws protecting sensitive financial information in accounts. In the Human Resource (HR) domain, there are many restrictions on sharing of personal information. In the medical domain, patient history needs to be protected. In credit card transactions, identity theft could be an issue and needs to be protected. Companies in the banking, financial services and insurance (BFSI) sector and healthcare have excluded applications/processes which use sensitive information from their portfolio for offshoring till they are comfortable about the data protection laws prevalent in the supplier country.Since there is lack of data protection laws in India, Indian BPO outfits are trying to deal with the issue by attempting to adhere to major US and European regulations. MNCs have to comply with foreign Regulations so that they don’t lose on their international partners. There are problems involved in this. Efforts by individual companies may not count for much if companies rule out India as a BPO destination in the first place in the absence of data protection law.Today, the largest portion of BPO work coming to India is low-end call centre and data processing work. If India has to exploit the full potential of the outsourcing opportunity, then we have to move up the value chain. Outsourced work in Intellectual Property Rights (IPR)-intensive areas such as clinical research, engineering design and legal research is the way ahead for Indian BPO companies. The move up the value chain cannot happen without stringent laws. Further, weak laws would act as deterrents for FDI, global business and the establishment of research and development parks in the pharmaceutical industry.Looking to the above scenario, we can say that for India to achieve heights in BPO industry stringent laws for data protection and intellectual property rights have to be made. . Thus, a law on data protection on India must address the following Constitutional issues on a "priority basis" before any statutory enactment procedure is set into motion:(1) Privacy rights of interested persons in real space and cyber space.(2) Mandates of freedom of information U/A 19 (1) (a).(3) Mandates of right to know of people at large U/A 21.Once the data protection rules are enforced in India, companies outsourcing to India are unlikely to dismantle the systems they have in place straightaway, and move data more freely to India. Hence ,the need for data protection laws would win over the confidence of international business partners; protect abuse of information; protection of privacy and personal rights of individuals would be ensured; there would be more FDI inflows, global business and the establishment of research and development parks in the pharmaceutical industry & impetus to the sector of e-Commerce at national and international levels would be provided.Data protection law in India (Present status):-Data Protection law in India is included in the Act under specific provisions. Both civil and criminal liabilities are imposed for violation of data protection.(1) Section 43 deals with penalties for damage to computer, computer system etc.(2) Section 65 deals with tampering with computer source documents.(3) Section 66 deals with hacking with computer system.(4) Section 72 deals with penalty for bsignNow of confidentiality and privacy. Call centers can be included in the definition of ‘intermediary’and a ‘network service provider’ and can be penalized under this section.These developments have put the Indian government under pressure to enact more stringent data protection laws in the country in order to protect the lucrative Indian outsourcing industry. In order to use IT as a tool for socio-economic development, employment generation and to consolidate India’s position as a major player in the IT sector,amendments to the IT Act, 2000 have been approved by the cabinet and are due to be tabled in the winter session of the Parliament.Proposed amendments:-The amendments relate to the following[22]:(i) Proposal at Sec. 43 (2) related to handling of sensitive personal data or information with reasonable security practices and procedures.(ii) Gradation of severity of computer related offences under Section 66, committed dishonestly or fraudulently and punishment thereof.(iii) Proposed additional Section 72 (2) for bsignNow of confidentiality with intent to cause injury to a subscriber.It is hoped that these amendments will strengthen the law to suffice the need.Data Protection Laws In Order To Invite ‘Data Controllers’.There has been a strong opinion that if India strengthens its data protection law, it can attract multi-national corporations to India. India can be home to such corporations than a mere supplier of services.In fact, there is an argument that the EU’s data protection law is sufficient to protect the privacy of its people and thus lack of strong protection under Indian law is not a hindrance to the outsourcing industry. To enumerate, consider a company established in EU (called the ‘data controller’) and the supplier of call center services (‘data processor’) in India. If the data processor makes any mistake in the processing of personal data or there are instances of data theft, then the data controller in the EU can be made liable for the consequences. The Indian data processor is not in control of personal data and can only process data under the instructions of the data controller. Thus if a person in EU wants to exercise rights of access and retrieve personal data, the data controller has to retrieve it from the data processor, irrespective of where the data processor is located. Thus a strong data protection law is needed not only to reinforce the image of the Indian outsourcing industry but also to invite multi-national corporations to establish their corporate offices here.Data Protection And TelemarketingIndia is faced with a new phenomenon-telemarketing. This is facilitated, to a large extent, by the widespread use of mobile telephones. Telemarketing executives, now said to be available for as low as US $70 per month, process information about individuals for direct marketing. This interrupts the peace of an individual and conduct of work. There is a violation of privacy caused by such calls who, on behalf of banks, mobile phone companies, financial institutions etc. offer various schemes. The right to privacy has been read into Article 21, Constitution of India, but this has not afforded enough protection. A PIL against several banks and mobile phone service providers is pending before the Supreme Court alleging inter alia that the right to privacy has been infringed.The EC Directive confers certain rights on the people and this includes the right to prevent processing for direct marketing. Thus, a data controller is required not to process information about individuals for direct marketing if an individual asks them not to. So individuals have the right to stop unwanted marketing offers. It would be highly beneficial that data protection law in India also includes such a right to prevent unsolicited marketing offers and protect the privacy of the people.Data Protection With Regard To Governance And PeopleThe Preamble to the Act specifies that, the IT Act 2000, inter alia, will facilitate electronic filing of documents with the Government agencies. It seeks to promote efficient delivery of Government services by means of reliable electronic records. Stringent data protection laws will thus help the Government to protect the interests of its people.Data protection law is necessary to provide protection to the privacy rights of people and to hold cyber criminals responsible for their wrongful acts. Data protection law is not about keeping personal information secret. It is about creating a trusted framework for collection, exchange and use of personal data in commercial and governmental contexts. It is to permit and facilitate the commercial and governmental use of personal data.The Data Security Council of India (DSCI) and Department of Information Technology(DIT) must also rejuvenate its efforts in this regard on the similar lines. However, the best solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that we must pay attention to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. When even PMO's cyber security is compromised for many months we must at least now wake up. Data bsignNowes and cyber crimes in India cannot be reduced until we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger. Cyber law of India must also be supported by sound cyber security and effective cyber forensics.Indian companies in the IT and BPO sectors handle and have access to all kinds of sensitive and personal data of individuals across the world, including their credit card details, financial information and even their medical history. These Companies store confidential data and information in electronic form and this could be vulnerable in the hands of their employees. It is often misused by unsurplous elements among them. There have been instances of security bsignNowes and data leakages in high profile Indian companies. The recent incidents of data thefts in the BPO industry have raised concerns about data privacy.There is no express legislation in India dealing with data protection. Although the Personal Data Protection Bill was introduced in Parliament in 2006, it is yet to see the light of day. The bill seems to proceed on the general framework of the European Union Data Privacy Directive, 1996. It follows a comprehensive model with the bill aiming to govern the collection, processing and distribution of personal data. It is important to note that the applicability of the bill is limited to ‘personal data’ as defined in Clause 2 of the bill.The bill applies both to government as well as private enterprises engaged in data functions. There is a provision for the appointment of, “Data Controllers”, who have general superintendence and adjudicatory jurisdiction over subjects covered by the bill. It also provides that penal sanctions may be imposed on offenders in addition to compensation for damages to victims.The stringency of data protection law, whether the prevailing law will suffice such needs, whether the proposed amendments are a welcome measure, whether India needs a separate legislation for data protection etc are questions which require an in-depth analysis of the prevailing circumstances and a comparative study with laws of other countries. There is no consensus among the experts regarding these issues. These issues are not in the purview of this write-up. But there can be no doubt about the importance of data protection law in the contemporary IT scenario and are not disputable.
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What are the main areas that one should learn during CA articleship?
I did my articleship from Khimji Kunverji and Co., one of the top firms in Mumbai; and it was an awesome experience. Let me shed some light on my learnings -Learn to say NO - Random seniors come and give you random work. Learn to say No. Learn to say you are busy. You are not a dustbin.Learn to say YES - You need to have a good rapport with your immediate seniors and your boss. I have filled my boss’s daughter’s BFM admission form because she needed some help. Sometimes, you have to keep your ego aside and look at the larger picture.Whether audit or tax is the one for you - You tend to spend 3 years in articleship, doing either audit or tax. It is good enough time to gauge whether you want to do this for your entire life or not. For me the answer was NO, and I switched to Finance. No point wasting time once you qualify.Domain Knowledge - In your first job interviews after becoming a CA, a lot of stress will be on what you did during these 3 years. You should be upto date with that. Get your basics right.Out time is a myth – As per my firm HR Manual, the official work time was roughly 10-30 to 6–30. Strangely, you used to be penalized for coming late, but no credit for going late. It’s the norm. Get used to it.Make Mistakes - Ask stupid questions. Make mistakes. Experiment. Because you have the license to. You are a fresher. As a CA, people expect more.Do not neglect your Social Life - Its important. Your boss will not come at 12 to your place with a cake in his hand, wishing you a happy birthday.I remember getting into a train during my 1st year articleship. I somehow started chatting with a guy standing near me. He was a CA. I told him I just cleared IPCC and started with articleship. He started laughing and said “Welcome to Hell”.With all the office and study pressure, you might feel life sucks during articleship, but it will be a great experience. You will create memories of a lifetime. Cherish it :)
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What kind of skill set should a CA student develop before starting Articleship?
This hunger for more knowledge is good for a CA Student. It is a very good idea to know what others have learnt and re-assess oneself on the basis of same, so that you become equally competent. This is a good way of improving oneself.Part A - About the core Knowledge:(a) What your firm operates in - you can't do much beyond that.Core Knowledge = Practical Knowledge about areas your firm is operating in.See the firm you have chosen or you got into, basically will provide you with the knowledge of some of the fields in which Chartered Accountants works. You cannot gain knowledge about all fields in which Chartered Accountants work, since the scope is very wide and whether it is a Big Four or a sole proprietor Chartered Accountant, nobody can give you work experience in all fields. So basically these core areas where you get to work - you have to be satisfied with the same. All you can do is - learn from experiences of your friends who are in to different core areas. This is a rigid area, and not much can be done in this.(b) Try to get an assignment in all kinds of activities that your firms do -You can't go out of the box in which your firm operates, but atleast you can learn everything that is in your box. Many articles run away from certain things - saying it is a low category assignment or not so fascinating. It is because they all hear it from their friends about the big industry they worked in and blah blah things. But go and ask those friends, if they know, what is the procedure to obtain a PAN card and a duplicate PAN card? What is the procedure to obtain Shop Act? or atleast if they know what is Shop act?My Insights -In our office they didn't used to allow articles to do that, the administrative people like Bcom people used to do that. But I insisted on the same, to allow me to do them once. The task was easy, but it was something very basic that I learnt. Later when you start your practice or job, these are somethings that give you edge over others. If you become an entrepreneur, you can handle those things yourself. So it is beneficial always.(c) Try to get assignments in all kinds of industries that firm works in -Basically most Chartered Accountants work in some fixed industries since when you do good to one client, similar clients get attracted, so automatically, you will see that most clients are of similar category. As an article you should try to do audit of all kinds of organizations -Based on organization type like Sole proprietor, Private limited companies, Partnership firms, trusts, public limited companies etc.Based on different business forms like Retailers, Wholesalers, Chain stores, Manufacturers, Service providers, Traders, Consultants, Support Services, Maintenance services, Export oriented, etc.Based on different industries like IT, E-commerce, FMCG, Finance, Automobiles, Telecom, etc.Based on Tax benefits or special act companies like religious trusts enjoying benefits u/s 11 or 12, regulated companies like insurance, banking, etc. or may be companies in Special Economic Zones, etc.A Piece of Advice -You won't find all of the above in any one firm. Such firms giving such wide opportunities don't exist. But thing is - you need to explore every corner of your own firm, whatever it is.(d) Try to gain overall knowledge of all types of works -Don't think about specialization in Articleship, it is not that much useful, because if later in life that sector goes down, your career will get a full-stop. As a Chartered Accountant you must first learn all the basics of all types of work, when you become aware about basics, i.e. after articleship, then you should try to develop core competence when you find jobs or do practice.My Insights -If you don't get an assignment of different type - go to your principal and say that "Sir, I want to learn about that kind of work, if next time there is any work related to that xyz client, please give me a chance." I did it in my articleship, and I got those opportunities, Sir was happier indeed, that an article was ready to take up some sort of responsibility. I am pretty sure, 80% of Chartered Accountants would do the same. If you say politely, the teacher inside them will awake, and they will allow you to fly!Part B - Other things that you should learn during articleship - More important than above said things!(a) Office Ethics -You should learn about the office culture, how people dress, talk, meet and greet colleagues, seniors and clients. It is very important to observe how people form groups, how they make their juniors to work and seniors to help/guide. It is very important to notice, how others are keeping good relations with administrative staff i.e. HR, Clerks, etc. - something that is very helpful at times of problems. There are many more things - basically you have to learn how people operate in office and especially how your boss stays in office - since someday you too will be a boss.A Piece of advice -Learn good things only. Although I assume most Chartered Accountants are well cultured and natured, but exceptions may exist. But remember, may be your boss was good or bad, you have to become a good boss in future.At many times you feel that your boss did wrong, and he/she should have allowed you to do xyz thing. Remember such incidents or make a note of it. When you become a boss, you do them correctly. If you are able to do, you are a good boss, else you will realize had a wrong idea about your boss.(b) Printing, Scanning, Documenting, Letter typing, Organizing Office, Using appropriate Stationery -Your reaction - "Oh God! Really?"Consider this situation - you are in a corporate office, a high ranked employee. You tell the clerk to scan a document, but your clerk is new. He is not acquainted with the printer. What would you do, if you yourself don't know how to use a printer or scanner? In early days of your job or in many companies, you don't have clerks who do it for you, you have a printer next to you and you have to do it yourself. In case you don't know these, what a shame! A Chartered Accountant, but does know how to use a printer or how to unpin a staple! God! Dummies on earth.My Insights -One of the expert HR was sharing his experiences with interviewing Chartered Accountant, at a conference that I was listening to. He said, we tried an experiment successfully. We told every candidate entering into the interview room to arrange certain documents and properly organize them into a file. Now on the basis of how file was organized, they discovered candidates who had done dummy articleship or articleship of low grade, because those candidates never knew how to arrange a file, since they never did it in their lifetime.So basically the best thing about a good leader, boss, a senior or an entrepreneur is that he/she knows the work of all persons junior to him/her very well. That's why they can handle them well.So basically learn the following things and many more which I can't list out -How to properly document an Audit file?How to properly keep a permanent client record - both electronic & physicalHow printers, scanners, servers of your office, internet network, LAN systems, routers, biometrics, connections etc. work in your office.How to use correct stationery correctly? Like properly unpinning documents, or may be how to create sets for clients, income tax officers, registrars etc.How to draft covering letters, envelopes, request letters, etc.(c) Drafting Email Communications & Email Ethics -The most important part indeed of articleship. The fact is we never get opportunity to learn this anywhere else. This is a good ground to learn. Initially you can see how your boss writes email, how your senior does it. Then you can innovate it yourself. The thing is in business world, everything today goes on Email. Emails don't have a tone, they don't have smileys (means they are not used). Writing a good email, is an art. It is very important to learn how to write such kinds of emails.Emails asking client to provide information, with accurate requirement list.Polite Emails for making client realize the wrong they have done.Emails providing consultancy services. See email consultancy is a big time opportunity and costless service, in future a good means of earning.Writing intra-office emails.Whom to keep in CC, Never to use BCC, how should be the subject line, how should be the signature etc.When email shouldn't be used & telephonic conversations should be preferred, sending reminders, how to use meeting feature, etc.(d) Oral Communications - F2F or telephonic or over internetThis is again a great area to learn. It very necessary to learn how to interact with clients. The interaction can be face to face, or telephonic or over internet services like skype, etc. It very important to learn to learn how to deal with such situations. A conversation over telephone, has to be polite and discussing documents over telephone is also an art. Similarly communication over Skype is also an interesting thing to learn, one should know how to have business conversations over Skype and how to share documents, discuss & present over it.(e) Formatting documents - Something that stupids call stupidity!I have seen documents and emails from fellow Chartered Accountants, so pathetically formatted, that I sometimes wish to hit them with a stone, maybe their sense would come back then. But basically the idea is Chartered Accountants are professionals, and therefore, a professional behaviour is expected from them. The behaviour is expected highest in the documents and reports. Thus, it is very important to learn:Appropriate font sizes, font stylesHow to add tables in emails, how to structure an email, maximum size of emails, minimum size of emailsWhen to use and when not to use - bold, italics, underlines, shades, coloursHow to structure paragraphs, appropriate line spacingHow to convert documents into different formatsHow much margins to keep, how to make document print readyHow to make document secureHow to make documents self-explanatory by adding commentsHow to use various functions like footnotes, document review, freeze panes, grouping - sub-grouping, page numbers, author details etcCover page for report, report size, number of maximum pages, drafting executive summary, adding disclaimers, etc.Conclusion:The Part A makes you an intelligent Chartered Accountant.The Part B makes you an intelligent Human Being.And let me tell you, Part B is more important, because even if you don't become a CA, an intelligent human being can definitely live a good career!Ignoring the part B is very common amongst CA, and that's why MBAs getting an edge over CAs is also very common.Many people say 'Articleship is nothing but labour work', well it is because you think it that way, and that's why you are doing it that way. If you try, you will realize articleship period is life changing!"You will have hundreds of opportunities to learn the bigger things once you become CA, but not these small things. Once you become CA, people don't expect you to know everything, they understand it is quite impossible, but they definitely do expect that you know these basic things rightly."
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What are the best ways to recruit the best candidate for a job?
There's no best candidate for any job. There is usually a pool of candidates which are the right fit and an expert recruiter will be able to source that pool. Out of the candidate pool, the person that gets selected is the best fit relatively amongst all the other candidates.Interviews are conducted to determine the cultural fitment, the functional experience, cost to company and other facts about the role the candidate is being hired for.The best fit isn't usually the best person to do the job, skill-set wise. Rather, it is the person that is the best match with the hiring manager’s requirements.An expert recruiter will first understand the business requirements and the personality type of the hiring manager and align his os her sourcing strategy accordingly. If the hiring manager has unreasonable requirements or expectations from the candidate then the recruiter can have an in-detail discussion with data and benchmarks on candidate pool available in the market, candidates hired by competition, etc.If you're the hiring manager, you have to objectively evaluate how will the candidate being interviewed help you in doing your job well as a member of your team.Most hiring managers want a plug-and-play sort of a resource in their team so that they don't have to spend a lot of time and efforts on the training of the candidate, however, it has been proven by research that:If an employee has been trained by you, you have higher chances of retaining him or her than an employee who hasn't been trained by you.
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