Simplicity can be Detailed

Do you think we need to fill the space with lots of furniture or accessories to make an area or a room elegant and beautiful? The answer is NO!

If you’re not familiar with the notion of “Less is More,” let me explain what it means for you in a nutshell. For adding details to the design, it’s important to have meaningful design patterns, an open schematic, lots of natural light, and furniture with clean, well-made lines in a minimalist-style environment. Clean lines, reductive, uncluttered, monochromatic, simplicity called it “less is more”. In the design industry this concept is known as Minimalism. The minimalist style originally developed in painting and sculpture; it stressed the use of basic techniques to communicate a sophisticated creative language.

The essential tenet of minimalist interior design is absolute simplicity. Follow the maxims “less is more” and “everything must have a place and a purpose” while designing your space. It’s impossible to deny the serenity and simple beauty when confronted with a resolved minimalist interior, but achieving this look is more deliberate and difficult, than just choosing a few pieces of furniture for a white backdrop, which can leave a space feeling cold, sparse and unlived-in.

So, adding a few design components is all required to make your area appealing, and this is the only way, it may become exquisite. If I talk about this beautiful and simple style, then Minimalism is a style that proposes a process of reduction in which all design components are reduced to their bare minimum in terms of size, shape, and form. Minimalism is an emerging global trend with implications for the future of workplace decor. As this is a relatively recent trend, just a few studies have examined the effect of minimalist office design on creativity. As a value consistent with the prevailing trend in the social environment, minimalism in daily life has been extensively embraced. When minimalist principles are applied to interior design, a highly distinctive contemporary style emerges minimalist style.

     

Minimalist Mood Board        Bedroom design With Simplicity

Beauty may be found in the simplest things, as seen in the above photo. There is no need to spend a lot of time and money on the design of the area. There are just a few significant resources that can accomplish miracles and create your desired space. When it comes to choosing a bedroom, I look for one that makes me feel safe and secure. Simple upholstered headboards, especially those made of naturally textured fabric, are one of my favourite design elements since they offer a sense of cosiness and comfort to the bedroom. Bedside tables are an essential part of every bedroom. Natural stone, wood, or a metal base with a stone top are all options that I adore.

Showcase your ideas with a mood board. Simply gather and combine photographs that inspire you to create a minimalist mood board. You may use the board’s style to guide your design decisions and create a uniform look across your home.

THE DICHOTOMY OF MORALITY AND MARITAL RAPE IN INDIA

The formation of a valid consent for sexual intercourse has varying qualifiers depending upon the facts and circumstances in question. But is it possible for a lack of consent to qualify as a legally valid consent?

The second exception to section 375 of the Indian Penal Code gives an affirmative response to the above question. The marital rape exception states that “sexual intercourse by a man with his wife … is not rape.” The exception to marital rape under existing rape laws are based upon the doctrine of coverture which an idea from Anglo-American law, wherein the husband and wife were considered a single entity which was legally represented by the husband. Currently India is amongst those 34 countries where marital rape remains decriminalized.

The status quo was challenged in the Delhi High Court where the petitioners relied upon  Article 14, 15(1), 19(1)(a), and 21 of the Constitution to argue against the constitutional validity of exception 2 of section 375 which deals with the offence of rape. The two-judge bench delivered a split judgment: Justice Shakder struck down the exception as unconstitutional on all of the above grounds, while Justice Hari Shankar upheld its constitutionality.

The split in the opinion shows the two contrast existing mindset around the idea of gender roles and patriarchal authority. While one stream of thought believes that marriage somehow dilutes the individual characteristic of a person and subsumes it into a conjugal organism, the other believes that marriage is the coming together of two equals with their rights remaining unchanged in the context of individual autonomy. Justice Hari Shankar believes that marriage requires a lower quality of consent for sexual intercourse; while he further believes sexual intercourse to be a legitimate expectation during wedlock. Justice Shakder contradicted with these opinions while maintaining the idea of bodily autonomy and equality before law.

In the contemporary times, the Indian constitutional law does not and cannot support the dilution of sexual consent based on marital status. The observation is not merely individual and the same has been emphatically pronounced by the judiciary in the recent times.  The  idea has been discussed in the Puttaswamy judgment, where Chandrachud J’s plurality opinion is unambiguous on the question of law, while many the other judgments make it clear that the decisional autonomy is a fundamental facet of the right to privacy, and is not lost or in any other way compromised through social institutions such as marriage. Decisional autonomy within the marriage was also the fundamental basis upon which adultery was decriminalized in the Joseph Shine judgment; and sexual autonomy was at the core of the Navtej Johar judgment. It is too regressive now to contradict this fundamental precept.

I believe that any opinion that supports the marital rape exception has no place in a jurisprudence that is formally committed to the basic idea of individual autonomy, dignity, privacy, and equal concern and respect. This includes the baffling idea that a married woman who is raped will feel “less outraged” than an unmarried woman who is raped. Examples can be multiplied; and when this judgment goes on appeal, the least that can be done is a formal expunging of these observations from the record for the sake of sustaining the basic dignity of a judicial institution.

Remodelling the Art of Communication

“Once you can communicate with yourself, you will be able to communicate outside with more clarity. The way in is the way out” – Thich Nhat Hanh

We all have a language in which we communicate and express ourselves with the world around us. As the quote says, talk to yourself first and find a way out. The world has gone through a catastrophic shift that the way we spoke earlier has become obsolete in a heartbeat.

The present generation spends hours thinking about what to say. Their primary focus is on quantity rather than quality. What we say and how we say both are equally important. Remodelling the art of effective communication is of great importance and need in today’s generation, with the virtual platform being so commonly used to communicate.

There are certain questions on which we need to initiate discussions–

  1. Is the current generation getting opportunities to master their communication skills?
  2. Are they aware of which communication skills should be used on a virtual platform?
  3. Do youngsters today communicate with Energy, empathy, clarity, and Knowledge?

It’s high time we give importance to these questions with a broader perspective. While remodelling the art of effective communication, the four factors hold a lot of significance- Energy, empathy, clarity & Knowledge. Energy creates interest in any form of communication and actively involves the audience in what you say. Empathy helps to understand your audience. Knowing your listener better helps the communicator to put across the message in a more effective manner. Clarity helps to put across what you intend to communicate, avoiding any form of misunderstanding. Knowledge above all gives the right base to what you wish to convey, building the trust and confidence of your audience in you.

We often stress that communication is effective, wondering if only a few people know the real meaning of being effective. Communication that emphasises on verbal, nonverbal, written, and visual skills make communication effective, this way you target all types of listeners.

The way we communicate post-pandemic has totally changed. The consequences have impacted our personal and working lives, but the positive part is that we can learn to be responsible communicators by following a few simple steps-

  1. Understand that change is continuous.
  2. Combine data intelligence with human intelligence
  3. Adopt the rule of Transparency
  4. Just because you can connect doesn’t mean you have to – People face “zoom fatigue” leading to mental exhaustion
  5. When we can connect in person, do – walk to your colleague for a quick interaction rather than sending an email or message.
  6. Working hours are for a reason. Avoid burnout.
  7. Create connection, understanding, and validation: people have been craving that feeling.
  8. Don’t just communicate; try creating an experience.
  9. Be supportive in your communication
  10. Have engaging conversations.

Remember, we spend 90% of our time communicating, so be aware of how you communicate with responsibility and sensitivity to all the people who are a part of the new normal world. Our communication needs more attention and care for a more sustainable future for each one of us.

Please share your experiences with me at divya.bhatnagar@iilm.edu

POLYAMORY

Kamna Yadav

2nd June 2022/15 Minute Read

Movies, media, and storybooks have made us believe that “mere hero/heroin ayenge!” That ONE will be our whole world. We will spend our entire life with that LOVE of our LIFE. I would say our brains have been engrained with such thoughts where monogamy is the only form of love one can and should crave, which is also “our sweet little fairytale”. I am assuming that everyone will agree with me on this. If yes, let’s take a retake!

Do you think the idea of a soulmate is outdated or unrealistic? Do you believe that you may encounter many hero/heroines in your lifetime, or maybe an idea of having many others? Have you ever cherished numerous individuals at the same time? Maybe yes, maybe no, or maybe it is the morals that are speaking for us aloud “No, I can’t have multiple hero/heroines in my life”, “what will people think about me?”, “I can’t be a bad person to be in a relationship with many”.
Polyamorous relationships are a rejection of monogamous relationships. In other words, it is defined as a “liberal, genuine, capable, and moral way of thinking and practice of cherishing numerous individuals at the same time”. Is it getting confusing? Complicated? or in literal words, “Mere pairo tale zameen khisak gai?

This concept has been alive for many centuries. Don’t you believe me? Let’s check some facts: What does it indicate when a celebrity comes out and says we are in an open relationship, a web series named XYX on OTT platform displaying non-monogamous relationships? According to a study at Kinsey Institute for Match.com, 68% of singles approve of polyamory and 6% practice it. Another research study showed 1.2 to 2.4 million people practice polyamory (Psychology Today). An article titled “Polyamory is a reality in Kolkata” published by Times of India narrated a real-life story of a couple who are in a non-monogamous relationship wherein they are married for 15 years, wants to be in their marriage and are in relationships with many others and still respects and love each other. This shows how common it is. Let’s understand what exactly it is in next section.

WHAT IS POLYAMORY?

According to Cambridge dictionary, “it is the practice of having romantic relationships with two or more people at the same time”, polyamory educators argue that the consent part is missing which has been correctly mentioned in Oxford’s definition, “the practice of engaging in multiple romantic relationships with the agreement of all the people involved”- indicating that people are aware of and agree to the relationship’s needs, emotions, and dynamics.

Individuals who distinguish as polyamorous may have confidence in an open relationship and conscious administration of envy and reject the view that romantic and social restrictiveness is essential for profound, long-lasting intimate relationships.

These individuals like to restrict their romantic relationships to just people from the specified group, a closed-knit polyamorous relationship. It has been described as an ethical, consensual non-monogamous relationship. Many polyamorists characterize loyalty not as romantic selectiveness but rather as dependability to the guarantees and arrangements made about a relationship.

Does it have types?

Yes, it does have few types as seen from the image shared below:

Besides the above-mentioned types, there are a few other forms of polyamory relationships like solo polyamory, kitchen table polyamory, polycule.

Is it just a romantic relationship?

It depends on the individual and the sort of relationship they want with their partners. Two different people will have different experiences in polyamory relationships.

Romantic dependency isn’t a chief factor in polyamory, and individuals who seek polyamorous relationships don’t take part in the over-the-top romantic movement. Some individuals who seek polyamorous relationships set boundaries such as defining the details of the relationship, time they spent with their partner, and other things to avoid any complications that might arise. A person who is in a polyamorous relationship must come to terms with their feelings, especially jealousy, which is very common to surface. Also, the constraints of society promote monogamous or single partner relationships. In the end, it depends upon the individual what kind of relationship they want.

Does it involve emotional connection, or it is the same as an open relationship?

Polyamory relationships do involve love and emotional connection with multiple partners, which makes them stand apart from open relationships. An individual feels emotionally inclined toward someone outside marriage or committed relationships and looks out for connection, and I would say they fall in love with that significant other. In open relationships, one or both the partners have romantic relationships outside the committed relationship, including marriage. It might or might not involve an emotional connection.

LITTLE KNOW FACTS

For many of us, it’s wrong, and for many, it’s acceptable. Dr Chauntelle Tibbals, a sociologist said, “Just because polyamory is unfamiliar doesn’t mean it’s wrong”. It might work for some, let’s learn about few little know facts about polyamory.
· It is more common than you believe
It can be observed from as early as Mahabharat, wherein Draupadi married five brothers, it was observed in practices of Raja and Maharajas. It is prevalent in the Kinnaur region of Himachal, Nilgiri hills in South India, Kerala, Uttarakhand, and is followed and practised by many tribes in India. Approximately more than 1.2 to 2.4 million individuals follow polyamory.
· Polyamorous are Committed
Being polyamorous doesn’t mean no-commitment. As quoted by Dr Clarke “There are individuals who face challenges in committing in general as well as few polyamorous do face few issues but most people he knows are in multiple committed relationships”.
· Polyamorous have different dealbreakers
Poly individuals do work out their dynamics and parameters within the relationships. They can develop agreements in each relationship wherein all the parties agree and are comfortable. The meaning of cheating would differ in different relationships.
· Consent and Communication are important
As it is crucial in a monogamous relationship, so does in a polygamous relationship. It is rooted in affirmative consent, and they communicate their needs and desires to make it a healthy relationship.

AM, I JUDGING POLYAMORIES?

Polyamory is a genuine expression of love towards your hero/heroines. It sounds as confusing and complicated as monogamous relationships. Every relationship has its own perks and volcanoes.

Let’s be mindful of being who we are. Polygamous or Monogamous?? Who are we?? We are human beings who, at times or I would say most of the time judge ourselves and others. The majority of individuals imagine polyamories as bad or indifferent. Ask yourself right away the following questions: What do I think about them? Do they really exist in our society? Are they committing a crime?

Over here, I would like to ask you whether we are projecting our feelings, understanding of love, and relationships on them? If yes, I would suggest you kindly do not end up projecting your understanding and feelings onto them. Is it fair enough if someone else does the same with you? What if they judge you for who you are? I suppose that we would feel bad and would not like it at all. Therefore, I request every one to be mindful of your thoughts regarding others. Accept them the way they are MONOGAMOUS or POLYGAMOUS. It doesn’t matter who we are, what matters is LOVE and CONNECTION with significant others.

Feel free and connect on kamna.yadav@iilm.edu

THE RELATION BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW


International humanitarian law and international human rights law are part of International law. International law is the law which governs the relations of states inter-se, with international bodies, and to some extent with citizens, as stated by Oppenheim. Since the two are the branches of International law, they are by some, confused as the same thing and by some others, are regarded as so distinct as having no connection. Both of these two extreme notions cannot be regarded as true. International humanitarian law (IHL) and international human rights law (IHRL) are different from each other in their definition, development, the scope of application and implementation. On the one hand, IHRL is a series of rights, and on the other hand, IHRL is a series of duties that combatants have to obey. This distinction, however, does not mean that they function in a four-cornered wall without getting influenced by each other.
International humanitarian law is a set of rules which seek to limit the effects of armed conflict. Generally, it applies to the time of armed conflicts. International humanitarian law does not see to stop or prohibit war, but it sets out rules to regulate the war and mitigate the sufferings of the war victims and others involved. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. It is also known as the law of war or the law of armed conflict. International human rights law is the body of international law designed to promote human rights on social, regional, and domestic levels. They also differ in their scope, international humanitarian law primarily mentions the agreements between states on how to conduct war, and on the protection of enemy civilians and combatants. On the other hand, international human rights law extends to the agreements between states regulating the relationship between each state and the individuals over whom it has jurisdiction. IHL applies primarily in times of armed conflict. The application and scope of IHL is so strict that the state parties can in no circumstance derogate from the provisions of it, nor do they have the right of reservations under IHL. IHRL, on the other hand, applies at all times, i.e. in peacetime and during armed conflict. Human rights treaties permit governments to derogate from certain obligations during public emergencies that threaten the life of the nation. Derogation must, however, be necessary and proportional to the crisis, must not be introduced on a discriminatory basis and must not contravene other rules of international law – including provisions of IHL. However, few of the international human rights principles which have acquired the status of Jus Cogens like the right to life, the prohibition against torture or cruel, inhuman or degrading treatment or punishment, the prohibition against slavery and servitude and the prohibition against retroactive criminal laws, can never be derogated.
Despite a number of differences between IHL and IHRL, they are complementary bodies of international law that share some of the same aims. Both IHL and IHRL strive to protect the lives, health and dignity of individuals; thus, they may be very different in formulation, but in essence, they seek to work towards a common goal. Many of the rules of these two bodies of law are similar, for example, both IHL and IHRL prohibit torture or cruel treatment, prescribe basic rights for persons subject to the criminal process, prohibit discrimination, contain provisions for the protection of women and children, and regulate aspects of the right to food and health. The main objective with which the UN was established was to promote humanity. Thus the main aim of IHRL is to foster the principle of humanity, aimed at protecting human life and dignity. Similarly, IHL also seeks to protect the principle of humanity which is aimed at protecting human life and dignity.
IHRL and IHL are different in their language, scope, development, application and implementation. But both are complementary to each other and cannot function in complete isolation to each other. Human rights are the same in international and non-international armed conflicts and outside armed conflicts. We cannot in any sense dissect the two branches so much that we tend to identify them moving in opposite directions. A number of similarities between these two different branches of international law complement each other, and both of these branches are continuously influencing each other. One cannot understand a particular branch in isolation from the other. Since the two carry similar rights and similar provisions, interpretation of provisions of one branch has to be done in light of the provisions of the other branch.






Redefining Business in a “sustainable” world.

Business Ethics Blogpost

-Kolyaani Gupta

Liberal Economic policies have led to the emergence of a new aspect of business organizations and corporations. With the advent of globalization, business organizations have moved from the constraints of geographical boundaries, whereby they are not affected by the legal constraints of a particular country. This makes it easy for corporations to fidget with the aspect of accountability. A business setup is a key element in generating employment, paying taxes and acting as an engine for a country’s economic development, which means that business cannot be limited to be defined as only an exchange of transactions. Business ethics is defined as the study of business and its key features to assess the moral standing of these features, wherein ethical theories are applied to evaluate and weigh the right and wrong. This enables to generate an optimal relation between the business and sustainability (Crane & Matten, 2016)

The infamous incident at Rana Plaza,[1] located in a small town in Bangladesh, where approximately a thousand workers died due to the building crumbling down in 2013. A fast fashion company owned the building and in spite of being declared unfit for habitation, the workers were forced to come. A utilitarian (Mill, 1998; Ryan, 1990) business approach would actually justify the means if the end served the greater good. This theory would actually look at the greater good of generating maximum output, thus, increasing their chance to generate maximum output. The means to reach that potential of generating the highest profit could be justified by the end as it secures the happiness for the greater good. However, Kantian Ethics (Guyer, 2007), also known as deontological ethics, characterizes duty as a categorical imperative rather than a hypothetical one, and the Kantian ethical theory would condemn the Rana Plaza incident as a violation of the cardinal imperative of duty, thereby deeming it to be completely unethical.

Business organizations are obligated to the consumers for the transparency of transactions; however, the obligations are not only restricted to the consumers. Corporations and organizations have a duty towards their workers and members. Triple Bottom Line is a concept that states that businesses and organizations cannot solely focus on only adding economic value (Elkington, 1999). They have to uphold social and environmental values as well, thereby building an ecosystem of sustainable growth and development

[1] http://www.ethicalcorp.com

Redefining Secularism: Diversity or Uniformity of Religions?

The Preamble of the Indian Constitution reads, “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all …”. One of the principal pillars of Indian democracy is the character of secularism which it beholds. “Secular” means which has no religious basis or is separate from religion, and a secular person is the one who does not owe his moral values to any religion. An individual’s values are primarily product of his rational and scientific thinking. The key features of secularism embody within itself the equal respect and recognition of all religions by the State, no official religion in India, an individual has the right to profess, propagate and practise any religion, and no discrimination by the State on the basis of religion. In other words, secularism means segregating the religion from political, socio- economic, and cultural aspects of life.


With the rise in judicial activism and the enforcement of fundamental rights through the High Court and Supreme Court, the question of defining secularism strikes one’s mind. The recent Hijab Ban Judgement by Karnataka High Court, wherein the honourable High Court upheld the Karnataka Government order to ban wearing hijab in the educational institutions. While quoting the difference between ‘Freedom of Conscience’ and ‘Religious Expression’, the three judges Bench at the High Court explained that while conscience is an internal belief, religious expression is an outward expression of this belief. The Court also upheld that wearing the hijab is not an essential religious practice and therefore does not fall within the umbrella of protection under Article 25 of the Constitution of India, 1950. However, the hijab ban judgement has been criticised on various grounds. Post this judgement there have been noticeable pleas in the Supreme Court to declare the acceptance and adherence of a uniform dress code for schools and educational institutions. And these extended pleas raised in light of such judgments definitely raise an alarming question that needs to be answered; one of them is defining what secularism is. Is it the acceptance of all religions and living in coherence with other religious diversities, or is it to bring uniformity amongst all religions and practices.


Uniformity and diversity are two different terminologies wherein uniformity means “sameness”, or “absence of diversity”, whereas diversity means, “state of difference or variety”, or “noticeable heterogeneity as opposed to homogeneity”. Uniformity of religions, as opposed to diversity of religions, makes one question the concept of secularism. The concerning issue that can exist in the aims of religious education is to cast a fine line of demarcation between the desire to encourage open‐minded, critical thinking through exposure to diverse traditions, ideas and cultures, into uniformity wherein the learners take on the values of a particular tradition, culture or ideology (say of religion, family or school). Religious uniformity is usually seen where the government promotes one State’s religion, denomination, or philosophy to exclude all other religious beliefs. Religious uniformity was common in many modern theocratic and atheistic governments. But, one can always question this by stating that secularism means that the State does not prioritise any one religion over the exclusion of others, especially in a diverse culture. All institutions rather have regard for all religions, by recognising and accepting all religious diversities and respecting pluralism.


It is definitely a debatable question that is to be pondered upon. Defining secularism will certainly involve judicial interventions, and research by scholars and academicians, while considering secularism as the cardinal principle of the Indian Democracy.


The Age of Blended Learning: Bringing Philosophy down from the Heavens

Socrates contended that a good instructional methodology must necessarily focus on two things: students as the core of the educational enterprise and the purpose of education as wisdom. In conjunction with this, real classroom teaching consists not of one-way traffic of ideas but a mutual dialogue between the ones imparting education and the others receiving it. Similarly, real education does not translate into telling the students what to think but rather training them to think. In contemporary times, we are at a marvellous interaction between the digital and the physical in the realm of education: Face-to-face classroom activities can easily be supplemented with technological tools to aid learning these days. As per the latest UGC guidelines on Blended Learning, classroom teaching has to be maintained alongside “computer mediated activities to deliver instruction.”

The onset of the Covid-19 Pandemic mandated a sudden and involuntary shift to digital teaching and learning methods. With the gradual shift back to the ways of life before the pandemic, offline teaching too has been resumed on campuses across India. Perhaps this is a perfect opportunity to blend the online mode with the offline methods of teaching and the digital with the physical sources of knowledge. Ideally, for blended learning to provide the best outcomes, both the mentor and the mentee should share the same physical classroom space. Fortunately, the current scenario has made that possible. At IILM University, Gurugram, the various modules taught in the numerous programs across the University seek to actualise the aforementioned concept of Blended Learning. Textbooks and articles shared with students as part of course work are further complemented with guest sessions, movie screenings, debates, panel discussions, and other interactive and experiential activities. Moreover, learning resources such as video links, recordings or podcasts can be shared with the student before the actual class giving the students a chance to be aware of what is due for discussion in the classroom. It further motivates them to interact and share their understanding of a topic in the class, thereby making the whole activity multiple times more fruitful.

Any pedagogy that seeks to limit the possibilities of learning must immediately be replaced with a more inclusive and open-ended approach to education. This would mean letting the students bring in their subjective understanding of theories and concepts discussed in the classroom. Once we extend real ideological accommodation to all students, learning is no longer limited to the written word; it stretches way beyond that into learning real-life experiences that help make textbook knowledge more applicable. The New Educational Policy has taken a substantial step in placing the student at the core of all educational activities. It has brought in the recognition that the students are the primary stakeholders in this system and, therefore, all policies should necessarily be more student-centric. Students feel a greater degree of inclusion when they are made to feel comfortable with newer methods of learning. The era of rote-learning and feeding readymade answers is fortunately behind us. The new classroom has seeped into all the available modes of knowledge, ranging from books to journals to cinema to theatre and what not! Therefore, a student now has the excellent opportunity not to try and catch philosophy from thin air but apply the written word into her/his own life, understand it on a more personal level, and become more aware of the real purpose of education.

Developing an Entrepreneurial mindset

The world is thriving on innovation. Consumer needs are evolving like never before. We are witnessing an unprecedented rate of technological transformation driven by cognitive computing, artificial intelligence, and big data, leading to a plethora of innovative products and services. Solution orientation and problem-solving abilities are the key skills that organizations consider crucial to succeed. The development of an entrepreneurial mindset is one such approach that can help organizations to inculcate an entrepreneurial spirit among employees and create growth opportunities.

Having an entrepreneurial mindset encompasses a set of beliefs and perspectives that leads to the identification of opportunities and solutions to the problems faced by the world. It is a solution-oriented approach to view the world focused on developing innovative and efficient solutions that generate value for society. Curiosity, creative problem solving, originality, and decisiveness are the key abilities that help build a mindset that enables entrepreneurs to approach events, situations, and problems by identifying opportunities and generating value. Adopting an entrepreneurial mindset leads to the development of resilience, persistence, and problem-solving abilities that help foresee potential problems and convert them into opportunities. It instills the intent to think outside the box for creative solutions, experiment, and take risks. One can develop an entrepreneurial mindset by inculcating the following skills.

Creative problem solving

It is a way of problem-solving that encourages novel perspectives and innovative solutions. It is adopted when the conventional way of problem-solving does not yield effective solutions. It is more than brainstorming and involves a systematic approach for problem definition, creative idea generation, and implementation. It is an indispensable skill for developing an entrepreneurial mindset that can help identify undiscovered opportunities and solutions.

Solution orientation

It is a way of looking at any given situation in terms of not only problems but also relevant solutions. Solution-oriented people are proactive and driven to generate a solution rather than waiting for its discovery. Critical thinking and feedback are integral parts of the process. The focus is on the actionable steps that would lead to accomplishing the end goal.

Vision

A roadmap for the future is essential to direct the efforts in the desired direction. An entrepreneur’s vision enables them to align their activities and decisions with their goals and objectives. It helps to make a choice when faced with alternative pathways in order to serve the purpose defined in the vision.

Risk handling

An ability to deal with uncertainty and risk is one of the key skills which can be inculcated to develop an entrepreneurial mindset. Creative and innovative solutions have an inherent risk in terms of implementation and performance. An appetite for taking and managing the associated risks is essential for the development of innovative solutions.

Collaboration and team skills

Teams play an important role in problem-solving and brainstorming. An understanding of various team functions and group dynamics is necessary to handle the associated group dynamics. Working together in teams requires skills such as effective communication, empathy, leadership, and critical thinking.

Adaptability

The business and technological landscape is fast evolving. An entrepreneurial approach toward problem-solving requires a dynamic outlook toward the changing context and the associated issues. An ability to identify the current and future prospects and challenges in relation to a solution is crucial for its successful implementation. An entrepreneurial mindset encourages a flexible approach toward problem-solving, taking into account the evolving nature of the business environment.

An entrepreneurial mindset is an essential capability that can be inculcated in order to effectively handle the challenges of the current times. Such a mindset is essential for a shift towards a more solution-oriented culture in organizations.

 

 

Impact of Covid-19 Pandemic on Commercial Dispute Resolution: A Global Perspective

 

Recently the International Bar Association has demarcated the changing practice that has been introduced in commercial dispute resolution due to the outbreak of the Covid-19 pandemic. It has reflected on the study of substantive and temporary laws as well as its regulations, which have been incorporated during this pandemic across twenty-three nations. The study shows how developing and developed nations have welcomed or have come across different forms of challenges while practicing the “new normal” approach by using technology.

It is to be noted that the United Nations Commission on International Trade Law has highlighted the concept of ODR. Under this emphasis has been made on the practice of resolving disputes by using electronic communications and using other information as well as communication technology. Interestingly in 2021 and 2020, this Commission has reflected on the use of dispute resolution while using the digital economy for practicing their future programs. To have a check on conducting litigation guidelines have been issued. It has been observed that arbitral institutions have played a significant role in this pandemic as they have issued guidelines on the way the arbitral proceedings should take place. For instance, it has elaborated on how online arbitral hearings can take place. It seems that few nation’s laws have permitted award’s enforcement by following the online process wholly.

(i) Developed Nation

Singapore: The Supreme Court as well as the state court has allowed certain types of hearings, which can be in-process and would be conducted by online mode, and has also mentioned that all others have to be under physical presence. For instance, when there are civil trials and their hearings the witness can be examined in the state courts and the videoconferencing can take place when all the parties consent to it. Moreover, when the matter is in the Supreme Court under this situation the whole trial or hearing can be done by online mode. The courts can have total control over deciding what types of specific hearings can be conducted online among one or more parties. With the introduction of “pilot programs,” an effort has been made to welcome the practice of ‘online hearing’ to lessen the burden of the court. The aim is to have court services, which would promote the use of online mode.

(ii) Emerging Nation

Egypt: The courts are encouraged to value the presence of virtual courts while delivering their judgments. By adopting precautionary steps emphasis has been made on ensuring proper functioning of the ongoing proceeding and filling process. Conducting virtual hearings shows the ODR services have been boosted up in this country. By introducing the Egyptian Centre for Voluntary Arbitration and Settlement of Non-Banking Financial Dispute along with mediation and arbitration rules through December 2020 decree now electronic registry is possible concerning mediation or arbitration procedure. An Arbitral tribunal can examine the witness virtually. Even online memorials, statements of claims, defence statements can be submitted by online mode.

This reflects several nations have welcomed many changes in their legal system. Among them has been to encourage the use of conducting online proceedings. Such practice has indulged these nations in enhancing the practice of arbitration as well as mediation. Despite this, there is an urgent need to have a transparent and efficient mechanism that could uplift the performance of this system where at the moment global multilateral agencies are making an effort.