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The phrase "boon or a bane" represents a balance or trade-off, typically when discussing the pros and cons of a situation, decision, or technology. You may use it in discussions where the benefits (boon) and disadvantages (bane) are weighed against each other.

"Boon or a bane" means to weigh the positive and negative aspects of something to understand whether it's beneficial or detrimental overall.

What Does "Boon or a Bane" Mean?

The key meaning of the phrase is that something has the potential to be either beneficial or detrimental. Whether it acts as a boon or bane depends on how it is used or applied in a given set of circumstances. This suggests that the object or idea in question has two sides, making it unclear if it's good or bad.

Let's delve into its core meanings and usage:

• It emphasizes the struggle to determine if something is a positive or negative influence.
• It is common in debates and discussions, particularly those about social issues, technology, and development.
• It expresses the pros and cons associated with a situation or decision.

Where Does "Boon or a Bane" Come From?

The phrase "boon or a bane" combines two old English words:

• "boon," meaning a favor or benefit
• "bane," meaning a cause of death, ruin, or harm

The phrase encapsulates the concept of weighing advantages against disadvantages by juxtaposing these contrasting words.

Historical Example

"Are men in such that may be asked, and only to give because of the asking, without regarding whether it be a boon or a bane?" - Historical Sketches of Statesmen who Flourished in the Time of George III, 1839

10 Examples of "Boon or a Bane" in Sentences

Here are some examples of using the phrase in sentences:

• Smartphones have changed the way we live, but are they a boon or a bane ?
• They did it on my behalf , but I'm not sure if it's a boon or a bane .
• Is the Internet of Things a boon or a bane for privacy?
• What's the catch with this offer? Is it a boon or a bane ?
• The thematic approach might be a boon or a bane , depending on the audience.
• For some, technology in the classroom is a boon; for others, a bane .
• On a side note , I can't decide if this change is a boon or a bane .
• Home offices: boon or a bane for work-life balance?
• When the new policy goes into effect , it might be a boon or a bane for us.
• Virtual reality: boon or bane for real human interactions?

Examples of "Boon or a Bane" in Pop Culture

The phrase "boon or a bane" often appears in debates and discussions, particularly on topics related to technology, progress, and societal change.

Let's look at some examples:

• The article "Colorizing film classics; a boon or a bane?"  published in The New York Times on August 5, 1986, discusses the debate surrounding the practice of colorizing classic films.
• A quote from the 2009 book Whole Green Catalog by Michael W. Robbins: "Your kitchen scraps can be a boon or a bane to the environment, depending on how you dispose of them."
• A quote from the book Technology in a Changing World: "With the use of email becoming an indispensable part of lives in the 21st century, the question of whether it is a boon or a bane remains to be answered."

Other/Different Ways to Say "Boon or a Bane"

There are several alternative expressions that convey a similar meaning to "boon or a bane."

Some of these include:

• Pros and cons
• Blessing or curse
• Positive or negative
• Good or bad
• Help or hindrance
• Advantage or disadvantage
• Asset or liability
• Good thing or bad thing

You can use these alternatives interchangeably depending on the context and the nature of the debate.

10 Frequently Asked Questions About "Boon or a Bane":

• What does "boon or a bane" mean?

"Boon or a bane" refers to the dilemma of determining whether something is good or bad, beneficial or harmful. It's often used when debating the merits and drawbacks of a particular issue or concept.

• How can I use "boon or a bane" in a sentence?

You can use "boon or a bane" when discussing or writing about a topic that has both positive and negative aspects. For instance, "The rise of artificial intelligence: boon or a bane?"

• Where does the idiom "boon or a bane" come from?

The phrase "boon or a bane" combines two old English words, "boon" meaning a favor or benefit, and "bane" meaning a cause of death or ruin.

• Does the phrase have a negative connotation?

No, the phrase itself is neutral. It suggests a balance between positive and negative factors.

• Is the phrase common in formal discussions?

Yes, "boon or a bane" is frequently used in formal discussions, debates, and academic writings, especially when discussing the impacts of technology, progress, or societal changes.

• Is it applicable in everyday conversation?

Yes, it can be used in everyday conversation when discussing advantages and disadvantages of any situation, choice, or decision.

• Can one use it in a literary context?

Yes, it can be used in a literary context to create a sense of conflict or dilemma.

• What's the difference between "boon or a bane" and "pros and cons"?

"Boon or a bane" and "pros and cons" both refer to the positive and negative aspects of a situation. However, "boon or a bane" has a more dramatic tone and is often used when the stakes are higher.

• Is it necessary for the boon and bane to be equally weighted?

No, the weight of the boon and the bane may vary depending on the specific context.

• Can one use the phrase in a professional context?

Yes, "boon or a bane" is often used in professional contexts to discuss the potential benefits and drawbacks of a decision, strategy, or technological advancement.

Final Thoughts About "Boon or a Bane"

The idiom "boon or a bane" represents the duality of impacts, outcomes, or effects. It is used to discuss the positives and negatives of a specific concept, situation, or event, often stirring intriguing debates and discussions.

Here's a quick recap:

• It weighs the positive and negative aspects of a concept, situation, or event.
• Its origin is traced back to Old English, making it a long-standing part of the English language.
• It is appropriate in various contexts and situations, reflecting its versatility and applicability.

Whether it's about technological advancements or lifestyle changes, if it's a "boon or a bane," you know it's a topic worth pondering. The phrase invites us to delve deeper, analyze thoroughly, and weigh the positives against the negatives.

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Cordova, C., Pagtulon-an, EA., & Tan, DA. (2018). No Assignment Policy: A Boon or A Bane?. International Journal of English and Education , 8(1), 144-160, January 2019.

has been cited by the following article:

Enhancing Students’ Mathematical Resilience and Critical Thinking Skills Using e-Modules via Process-Oriented-Guided-Inquiry-Learning Approach

1 Science Education Department, Central Mindanao University, University Town, Musuan, Bukidnon, 8710 Philippines

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Artificial Intelligence in Journalism: A Boon or Bane?

• First Online: 30 November 2019

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• Santosh Kumar Biswal 6 &
• Nikhil Kumar Gouda 7  

Part of the book series: Algorithms for Intelligent Systems ((AIS))

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With the advancements in information and communication technologies (ICTs), news media industries have undergone sea changes. Moreover, the emergence of artificial intelligence (AI) and machine learning has redefined the implications of technologies in numerous fields. The field of journalism is no exception to it. The rise of the robot reporter and automated journalism has made inroads in the area of news and journalism [ 1 ]. As of today, digital media has intensified the dissemination of news manifold. The process from production to consumption of news stories has slowly witnessed the newer technological adoption. The production, distribution, and consumption in journalism have been influenced by the use of newer technologies. The current chapter intends to assess the implications of AI in journalism worldwide.

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Biswal, S.K., Gouda, N.K. (2020). Artificial Intelligence in Journalism: A Boon or Bane?. In: Kulkarni, A., Satapathy, S. (eds) Optimization in Machine Learning and Applications. Algorithms for Intelligent Systems. Springer, Singapore. https://doi.org/10.1007/978-981-15-0994-0_10

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NO ASSIGNMENT POLICY_A BOON OR A BANE

2019, International Journal of English and Education

Homework or assignment is widely known as an educational activity, which primary purpose is to help the students improve their performances however some studies showed that assignment has a negative impact on students’ social lives and more assignment increases stress level and physical problems. In the Philippines, a “No Homework Policy” during weekends for all student levels was issued by President Rodrigo R. Duterte. This study explores the possible effect of having and not having assignments on weekends on the transmuted mean scores and performance of high school students. The study was conducted at Central Mindanao University Laboratory High School (CMULHS), in Maramag, Bukidnon using two sections of Grade 11 students. The data was treated using the descriptive statistics. ANCOVA was used to determine if a significant difference exist. Result of the study reveals that class with assignments had a higher transmuted mean scores as compared to those without assignments. An increased performance from midterm to final term was noted in the with assignment group however, there is no significant difference in the performance of the students with and without assignments.

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Denis A Tan , Ian Paul Saligumba

Tests are tools utilized by the teachers to evaluate their teaching and students’ learning to improve instruction, curriculum and consequently compute grades. This study hopes to develop reliable and valid teacher-made tests. Tests for Grade 10 Mathematics in the first and second grading periods were content and face validated by three (3) experts. The content validation was done via congruency with the objectives per topic indicated as well as the level of cognitive domain set for the item in the Table of Specifications (TOS) based on Bloom’s Taxonomy. Then, the tests underwent item analysis and distractor analysis utilizing the Item Analyzer software. Results indicated that the tests items were congruent with the set objectives and levels of cognitive domain. These tests have KR 20 of 0.82 and 0.85 for the first and second grading periodical examinations, respectively. These were of average level of difficulty and with reasonable items. The first 38 items were retained, 14 items were revised and 8 items were rejected. Distractor analysis showed the distractors to be changed while revising an item. Also, it indicated that the stem be improved when distractors were plausible. The tests were valid and reliable hence, measure actual performance of the students.

INSTABRIGHT e-GAZETTE

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The main purpose of this study was to explore the factors of Mathematics achievement of the students from their own perspectives. Mixed-methods approach was used in the study. The quantitative part was employed to define the level of Mathematics achievement of the students. On the other hand, the qualitative part of the study explored the student-related and teacher-related factors of the students' mathematics achievement. The participants of the study were the 247 and 10 of these Grade 7 students of Moonwalk National High School who are officially enrolled for the School Year 2019-2020. Qualitative data were gathered through a 6-item open-ended questionnaire developed by the researcher and through a Focus Group Discussion attended by ten selected students. Whereas, quantitative data were the first quarter GPA of the participants in their Mathematics class. Data analysis involved mean, standard deviation, frequency and percentage for quantitative data while thematic analysis and a simple document analysis were employed for qualitative data. Results show that most of the Grade 7 students have fairly satisfactory achievement in Mathematics. Analysis of the qualitative data shows that student-related factor of Mathematics achievement include interest, self-confidence, attitude towards Math, motivation, perseverance and commitment, compliance, attendance, class participation, study habits, peer support, family support, technology aided learning, asking questions, math self-concept, math anxiety, talkativeness, English language comprehension, concentration/focus, health condition and nutrition, and computer gaming. Moreover, students reported that teacher-related factors of their mathematics achievement include traits such as being kind, energetic, strict, cheerful, positive, hardworking, patient, confident and responsible. Results further reveal that teacher's humor, motivation towards students, competence, mastery of content and teaching methods and strategies such as the use of varied learning activities (e.g. songs, manipulatives, games, etc.), code-switching, good explaining strategy, and collaborative learning positively contribute to their Mathematics achievement. However, teacher's anger, yelling at students, teaching too fast, teaching more than one lessons a day, teaching different lessons everyday and workload were reported by the students as factors that negatively influenced their Mathematics achievement. In addition, curriculum and noisy learning environment were other factors found to negatively impact mathematics achievement. As a result, teachers are encouraged to have awareness and to take into consideration these various factors that help and hinder their students' achievement in Mathematics.

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A quasi-experimental study was conducted to investigate the effects of differentiated instruction, a strategy that may cater to learners' diversity, towards their academic performance and engagement in Basic Calculus. It was participated by sixty Grade 11 learners in the Science, Technology, Engineering and Mathematics (STEM) strand of Bukidnon State University Secondary School, Malaybalay City during the second semester of the school year 2017-2018. Lessons on differentiation and its applications were developed. Researcher-made academic performance test and engagement scale were evaluated by a panel of experts and underwent validity and reliability analysis. The gathered data were analyzed and interpreted using appropriate statistical techniques: mean, standard deviation, frequency, percentage, one-way analysis of covariance (ANCOVA) and paired t-test. The results revealed that the learners' academic performance when taught using differentiated instruction was Very Satisfactory; while learners taught with the conventional instruction was Fairly Satisfactory. There was a statistically significant difference in the academic performance between the two groups of learners, in favor of those taught with differentiated instruction. Moreover, the engagement level of the learners in the experimental group was Moderate before and after the intervention, and there was a statistically significant difference between them attributed to differentiated instruction.

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This study investigated the effects of metacognitive scaffolding on the mathematics performance of grade VI pupils in a cooperative learning environment. It involved the grade VI pupils of St. John’s School. It made used the pretest-posttest quasi-experimental research design. The instruments utilized were mathematics achievement test and interview protocol. Percentages, means, t-test for paired samples and analysis for covariance (ANCOVA) were used. Findings revealed that: the number of male pupils was almost equal to the number of females; their mathematical ability ranged from poor to excellent; the mathematical ability in the Cooperative Learning (CL) only and Cooperative Learning with Metacognitive Scaffolding (CL with MS) group varied considerably; performance of the pupils significantly increased; mean scores in each group showed significant difference; and the comparison of the mathematics performance of pupils when grouped according to mathematical ability showed significant difference but not for gender. Pupils exposed to CL with MS performed better than those exposed to CL only. The use of metacognitive scaffolding helped the students to fully benefit from cooperative learning. The difficulties of pupils in Mathematics were as follows: understanding the concept, analyzing the problem, memory problems, math anxiety/attitude problem and lack of basic math skills.

PERCEIVED INFLUENCE OF SOCIAL NETWORKING SITES ON THE BEHAVIOUR AND ACADEMIC ACHIEVEMENTS OF SECONDARY SCHOOL STUDENTS IN AKURE METROPOLIS

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There have been noticeable changes in the academic achievements and behavioural outputs of secondary school students and this has been a major concern of parents, teachers and policy makers in education owning to their involvement on Social Networking Sites. However, Some researchers have argued that the introduction of social networking sites have negatively impacted the outputs of students both academically and in terms of their behaviours, while some posited that secondary school students turn out to be associates with their colleagues on social networks and are more likely to team up on assignments thereby leading to improved academic and behavioural output. The study employed a comparative design with the aid of well-structured questionnaire administered to 200 students drawn from major schools in Akure metropolis, this was critically analyzed using mean deviation. The findings of these research in chapter four reveals that the introduction of social networking sites has greatly affected the academic achievements and behaviours of secondary school students both positively and negatively, hence the chapter five proffers recommendations to influence positive use of social networking sites for efficient academic and behavioral output. BACKGROUND TO THE STUDY

Denis A Tan , Gilbert Guita

The study determined the mathematics anxiety and students’ academic achievement in a reciprocal learning environment. It sought to determine the level of achievement of students when exposed to reciprocal learning environment (RLE) and to those exposed to non- reciprocal learning environment (non- RLE) in terms of their pretest, posttest and retention test scores; describe the level of anxiety in mathematics when exposed to RLE and those exposed to non-RLE; identify the difference between the achievement of the students when exposed to RLE and to those exposed to non- RLE in terms of their posttest and retention test scores; and lastly, compare the difference of the anxiety of students in mathematics when exposed to RLE and those exposed to non- RLE. The study utilized a quasi- experimental research design which was conducted at Magpet National High School, Poblacion, Magpet, North Cotabato. Students in Grade 8 were the research respondents of the study. The students who are exposed to RLE have “very low performance” in the pretest and have “moderate performance” in the posttest and retention test while those who were exposed to Non- RLE also have “very low performance” in the pretest and have “moderate performance” in the posttest and retention test. Moreover, for the level of students’ anxiety towards mathematics, they have high anxiety before the treatment and becomes moderate after the intervention for both RLE and Non- RLE groups. The mathematics achievement of the students who were exposed to RLE is comparable to the achievement of those students who were exposed to non- RLE. Also, no significant difference in the mathematics anxiety of students was observed in both groups.

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Middle school is a critical time in students’ learning of mathematics, something a Learning Management System (LMS) is designed to help parents support. What remains unknown is how parents use an LMS to monitor their children’s progress in mathematics. This qualitative case study explored how parents from one midAtlantic middle school with 543 students used an LMS, EdLine, to support their children’s autonomous achievement in mathematics. Expectancy-value theory and social cognitive theory made up the conceptual framework used to evaluate study findings. A criterion-based process was used to select nine middle school parents from grades 6, 7, and 8 as participants. Data sources included structured interviews and follow-up questions, EdLine spreadsheets, and parent reflective journals. Data were analyzed through a priori codes based on the literature review. Themes that emerged from the analysis included reoccurring learner autonomy and parents benefiting from their ability to use EdLine to monitor grades, check progress, and provide strategies to support mathematical achievement. Parents indicated they could encourage their children, teach them, and expect them to use EdLine to monitor and manage their grades and achievement in mathematics. This research contributes to positive social change by explaining how administrators can help middle school parents use an LMS to become engaged with their children’s mathematics studies and set expectations for their mathematics task completion and achievement.

Tanzeela Urooj

International Journal of Scientific and Technology Research

Teachers often complain that students show a negative attitude on their participation in class. They oftentimes go to school unprepared for the lessons, they showed passive attitude towards activities in the classroom, and their awareness on their own learning process is very limited. Thus, this study examined the effect of assignment on the performance of the grade 11 students. The study adopted a quasi-experimental research design. Homework assignments were used in the study to determine if there is a significant difference between two groups namely, the with-assignment group with 57 students and without-assignment with 58 students. In addition, significant difference on the performance of the student when grouped according to gender was analyzed. Mean, standard deviation, t-test for independence and ANCOVA were used in the study. Results revealed that there is no significant difference on the performance of students for both with assignment and without assignment group. Findings also showed that there was no statistical significant difference in the mean achievement of male and female students exposed to with assignment.

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• Jun 19, 2020

Digital Age: A boon or a bane to Human Rights

By: Saachi Shukla & Apoorva Agarwal*  |

INTRODUCTION

The digital environment has marked a complete shift in our society, signalled a new revolution and has altered many aspects of our lives. The digital age has transformed modern life, bringing with it countless benefits of social connectivity, learning opportunities, flexibility and mobility, and increased productivity in various sectors of the economy. The shortcomings of the digital world are data security breach, malevolent operations of cyber terrorism, cyberbullying, online harassment, social media addiction, Intellectual Property and Copyright violations, complexities of digital media manipulation, complete reliance on digital gadgets, online banking frauds and surveillance, with the main focus on the invasion of privacy.

This immense collection, storage and distribution of data of personal information has posed a serious challenge to the universally recognised human rights in the digital age. It becomes pertinent to recognise that the digital revolution is one of the major issues affecting human rights. In order to curb human rights violations, International and domestic laws provide legal frameworks for the protection of rights of the individuals including the right to privacy, freedom of speech and expression, freedom of association, freedom from any discrimination and the right to be free from unreasonable search and seizure.

APPROACHES BY INTERNATIONAL COMMUNITIES

The digital global environment is set out as a space for imagination, delegation, and knowledge that provides a platform for freedom of expression and undefined connectivity. Digital platforms are not only a tool to share, search and access information, but also a source of a well-defined and structured system of human rights, followed by the nations respective of the domestic as well as the international framework. While the digital era contributes infinite benefits to mankind, it also poses a serious threat to the framework of International Human Rights law.

For instance, in China, citizens are denied access to any ‘harmful’ content on foreign websites by blocking access to social media platforms like Facebook and Twitter. [i] The Chinese Government regulates and censors the internet which is an outright violation of human right. In China, access to the internet is not considered an absolute human right but rather a conditional right conferred on its citizens. As in November 2016, President Xi Jinping adopted the ‘Cyber Security Law’ to restrict internet freedom, strengthen surveillance and track bloggers and human right activists that protest the policies, thus infringing the human right laws.

With respect to the United States of America in 2013, Edward Snowden, a former US Government contractor leaked documents to media that showed the extent to which digital security, data of users and networks had been compromised in the name of protecting ‘national security.’ As a result of this disclosure, people around the world challenged surveillance in Courts and legislations debated them. [ii] In the landmark case of ACLU v Clapper , [iii] bulk collection of phone records surveillance of American citizens by the National Security Agency was ruled illegal. [iv]

In the United Kingdom, the Information Commissioner’s Office confirmed to adopt an Age Appropriate Design Code of Practice in 2019 which provides 16 standards that must be followed while designing internet services accessible to children under 18 years of age. [v] This draft has been made to protect children under 18 years of age against the innumerable crimes of the internet. However, the proposal has been heavily criticised for its privacy policies and data sharing methods.

As for the agency protecting human rights, the United Nations Human Rights Council passed a non-binding resolution in 2016 condemning nations that intentionally disrupt accessibility to the internet. The resolution binds the countries on freedom of expression secured under Article 19 of the Universal Declaration of Human Rights, reaffirming that “the same rights people have offline must also be protected online.” [vi] However, many countries do not follow the laws made by the International agencies, mainly due to the fact that most such laws lack sanction/authorities. For instance, the United States of America admitted that they observed protests in Egypt in 2011 by digital means and committed a major violation of International framework of fundamental rights of free expression, assembly and association; including breach of privacy. [vii]

There are various recent examples as to the effect of the internet in undermining human right laws. For example, a criminal court of Tehran held Soheil Arabi for the death sentence for “insulting the Prophet Muhammad” [viii] on Facebook. In another case, Turkey Prime Minister Tayyib Erdogan banned social media platform Twitter for its citizens. Therefore, the Digital environment has become a platform for both exercises and violate human rights at a global level.

INDIA’S LEGAL AND POLICY FRAMEWORK

In India, digital technology has not only become a tool to monitor and track personal data but to influence and instil hatred or extremism between communities. Digital platforms and artificial intelligence is not only shaping our ideas but also manipulating and controlling our activities, ultimately violating human rights. Invasion of this fundamental right is a serious punishable offence.

In April 2012, Ambikesh Mahapatra and Subrata Sengupta were arrested for forwarding a cartoon in an email that ridiculed West Bengal Chief Minister, Mamata Banerjee. [ix] In November 2012, Shaheen Dhada and Renu Srinivasan were arrested for posting a Facebook status update that questioned the shutdown of Mumbai following the death of Shiv Sena chief, Bal Thackeray. [x] A friend who had “liked” her post was also arrested. In March 2015, Uttar Pradesh Police officers arrested a Class XI student in Rampur for making offensive remarks against UP Minister, Azam Khan, on Facebook. [xi] These arrests were made in the backdrop of Section 66A of the Information Technology Act, 2000. However, the Supreme Court quashed this section in the leading case of Shreya Singhal v. Union of India [xii] on the ground that it was arbitrary and unconstitutional, thereby upholding the freedom of speech and expression.

The Supreme Court has declared that the Right to Privacy is intertwined and correlated with the fundamental right to life and personal liberty enshrined under Article 21 of the Constitution. The Apex Court has identified the encroachment upon individuals’ privacy with national programmes such as the 12-digit UID (Unique Identity Number) scheme, DNA profiling, the National Encryption Policy in a number of cases. In September 2018, the Supreme Court of India struck down portions of the Aadhaar Act which did not fulfil the triple test of proportionality, legality and necessity in the landmark case of Justice K.S. Puttaswamy (Retd.) v Union of India and Ors. [xiii] As part of the authentication process, the individual was required to provide their biometric information which was recorded at a central database, arguably building a defined framework for a surveillance state. Therefore, the Supreme Court denied the use of individual Aadhaar numbers by any private entities for establishing the identity of the individual concerned for any purpose on the sole ground of infringement of the right to privacy.

In another case of Faheema Shirin RK v. State of Kerala and Others , [xiv] the High Court of Kerala declared that the right to access ‘Internet is a fundamental right to education as well as the right to privacy under Article 21 of the Constitution’. [xv] However, citing ‘national security’ as reason, 80 shutdowns were imposed in India in 2019. [xvi] Internet shutdowns are a ‘blatant violation of human rights law’ [xvii] promoting to build a totalitarian state. The Central Government has a right to impose reasonable restrictions on the Right to Freedom of Expression in circumstances provided under Article 19 (2) of the Indian Constitution. However, in the light of the shutdowns in the state of Jammu and Kashmir lasting for almost 10 months, internet shutdowns have become a common tool to curb debates, oppositions and protests against the Government.

During the challenging times of COVID-19 lockdown, latest news related to breach of privacy, cyberbullying and social media harassment emerged on the digital platform. In the recent “Boys Locker room” incident, a group chat was made on the social platform of Instagram where a bunch of male students from different premium schools of Delhi shared objectionable pictures of underage girls, body shaming them and passing comments about gang-raping them. These group chats, promoting rape culture, went viral on the digital platform ultimately violating the rights of these minor girls. However, the Delhi Police Cyber Cell identified and held almost all the members associated with the group and examined them after the Delhi Commission of Women issued legal notices to the police and Instagram over the incident. [xviii] These are the few instances in which the Government, State agencies and individuals have invaded the rights of another individual by violating their privacy either by harassment or cyberbullying, curtailed freedom of speech and expression by making arrests over social media posts, the denial of access to the internet for criticising government policies like in the cases of Citizenship Amendment Act (CAA) and The National Register of Citizens (NRC).

All human rights are “indivisible, interdependent and interrelated,” [xix] and the development of one right facilitates the progress of the others while the deprivation of one deteriorates the others. In the present digital age, good governance cannot be achieved without the proper implementation of digital service. The first steps to address the challenges of digital age could be an approach to view people as an individual holder of rights, empowering individuals to voice their opinions, and creating a solid legal environment to enforce rights and seek redressal in case of any abuse of a right. It must be ensured that every digital medium complies with principles of transparency, fairness, accountability and redress. With the collective efforts of the Government, International Organisations, social media platforms, private and public sectors, judiciary and NGOs, a robust mechanism can be adopted to protect human rights against any misuse of personal data and information.

* The authors are the students at New Law College, BVP, Pune.

[i] Marina Svensson, Human Rights Online: Chinese Perspectives and Global Developments , Institute for Security & Development Policy, (Mar. 29, 2017), https://isdp.eu/internet-human-rights-china/ [ii] Dinah PoKempner, The Internet is Not the Enemy, HUMAN RIGHTS WATCH, https://www.hrw.org/world-report/2017/country-chapters/the-internet-is-not-the-enemy [iii] ACLU v. Clapper, No. 14-42 (2d Cir.2015) [iv] Eileen Donahoe, Human Rights in the Digital Age , HUMAN RIGHTS WATCH, (Dec. 23, 2014, 5:54 PM EST), https://www.hrw.org/news/2014/12/23/human-rights-digital-age [v] Josephine Jay, Lore Leitner, Laura Brodahl, UK’s Age Appropriate Design Code Pending , THE WSGR DATA ADVISOR, (Nov. 1, 2019), https://www.wsgrdataadvisor.com/2019/11/uks-age-appropriate-design-code-pending/ [vi] James Vincent, UN condemns internet access disruption as a human rights violation , THE VERGE, (Jul. 4, 2016, 4:33 AM), https://www.google.com/amp/s/www.theverge.com/platform/amp/2016/7/4/12092740/un-resolution-condemns-disrupting-internet-access [vii] Eileen Donahoe, Michael Posner, Brett Solomon, Richard Allan, Peter Barron, Internet Freedom: Promoting Human Rights in the Digital Age- A Panel Discussion , U.S. Mission to International Organizations in Geneva, (Mar. 4, 2011), https://geneva.usmission.gov/2011/03/08/internet-freedom_hrc/ [viii] NA, Iran: Death Sentence for Facebook Posts , HUMAN RIGHTS WATCH, (Dec. 2, 2014, 12:00 AM EST), https://www.hrw.org/news/2014/12/02/iran-death-sentence-facebook-posts [ix] Global Network Initiative and The Internet and Mobile Association of India, Interactive Slideshow Explores Impact of India’s Internet Laws , GNI IAMAI, (Jul. 17, 2014), https://globalnetworkinitiative.org/india-intenet-law/ [x] Mumbai Bureau, ‘Mumbai shuts down due to fear, not respect’ , THE HINDU, (Nov. 19, 2012, 17:41 IST), https://www.google.com/amp/s/www.thehindu.com/news/national/other-states/Mumbai-shuts-down-due-to-fear-not-respect/article15618967.ece/amp/ [xi] IndiaToday.in, 13 infamous cases in which Section 66A was misused , INDIA TODAY, (Mar. 24, 2015, 10:03 IST) https://www.indiatoday.in/india/story/section-66a-cases-how-it-curbed-245739-2015-03-24 [xii] Shreya Singhal v. Union of India (2013) 12 SCC 73 [xiii] K. S. Puttaswamy (Retd.) v. Union of india and Ors (2017) 10 SCC 1 [xiv] Faheema Shirin RK v. State of Kerala and others, WP (C) No. 19716 of 2019 (L) [xv] Special Correspondent, Access to Internet is a basic right, says Kerala High Court , THE HINDU, (Sep. 20, 2019), https://www.thehindu.com/sci-tech/technology/internet/access-to-internet-is-a-basic-right-says-kerala-high-court/article29462339.ece [xvi] Binaifer Nowrojee, Asia’s internet shutdowns are a violation of human rights , FINANCIAL TIMES, (Mar. 17, 2020, 6:00 AM), https://www.google.com/amp/s/amp.ft.com/content/6a656de5-6031-4d97-b9cf-f683440b7915 [xvii] Ibid [xviii] Outlook Web Bureau, Schoolboy Held For Posting Photos in ‘Boys Locker Room’, Police Identify 21 Other Members, Outlook, (May 5, 2020), https://www.google.com/amp/s/www.outlookindia.com/website/amp/india-news-schoolboy-held-for-posting-phtos-in-boys-locker-room-police-identify-21-other-members/352081 [xix] Dunstan Allison Hope , Protecting Human Rights in the Digital Age: Understanding Evolving Freedom of Expression and Privacy Risks in the Information and Communications Technology Industry , BSR, (Feb. 2011), www.bsr.org

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Moonlighting: A boon or a bane

Pooja Ramchandani heads the labor and employment law practice at Shardul Amarchand Mangaldas & Co, a law firm in India.

Pooja has dedicated her focus to providing expert advisory solutions for matters related to employment and labor laws. She has successfully led and advised various multi-nationals and large corporations on matters relating to closures, employee stock options, integration issues emanating from mergers, business transfers, industrial disputes, strikes, employment policies, key and non-key employment contracts, confidentiality agreements, disciplinary proceedings, general compliances under the employment and labor laws, etc., over the years across various sectors.

Kriti Kaushik is a partner at Shardul Amarchand Mangaldas & Co. and provides solutions for the employment, labor, and benefits practice.

Kriti specializes in advisory relating to compensation, benefits, and executive engagement. She focuses on providing sound strategic solutions to both domestic and international clients across sectors on matters relating to the structuring of employee benefits and incentives in terms of regulatory, policies, and advisory; benefits analysis and harmonization; share-based benefits and incentives; executive engagement structures, restrictive covenants, and executive exit strategies including separation plans, pay-outs, and risk mitigation.

What is the simplest way to understand the term moonlighting?

Ramchandani: Moonlighting is the practice of taking up more than one job at a time or having a side hustle along with the main job. It is typically done to create an extra flow of income in addition to the regular pay received from the main job. A moonlighter will generally do the second job/gig over the weekends or outside their regular working hours. Such a side gig, however, may not always lead to double employment. In some cases, the employees could take up freelance assignments, consultancy work, etc., which are not structured as employer-employee arrangements. Either way, the second job is not supposed to impact the work obligations in the primary position. Moonlighting, however, becomes an issue when the side gig is connected closely or is similar to the work performed in the primary job.

What has set the moonlighting trend in motion in India?

Ramchandani: This trend has picked up in the last two years because of organizations’ remote work or work-from-home policies during the COVID pandemic. The absence of a constant vigil that comes with a physical workspace has given considerable flexibility to individuals to pursue other interests or, in some cases, to take side gigs. This is more prevalent in sectors that provide for complete remote working structures.

Another factor that may have given rise to moonlighting could be employers’ excessive salary or bonus cuts during the lockdown. Individuals had to resort to alternate avenues or find side hustles to fill that income gap. The increased layoffs during the lockdown also could have contributed to the trend, as individuals needed to work more than one job for a sense of security in the otherwise unpredictable job market.

Is moonlighting ethical in our country?

Kaushik: There is no specific law on moonlighting in India, and per se, it is not unethical. Even though moonlighting may be a new terminology in the Indian market, side gigs in the form of part-time and freelancing have always been part of common work structures in India. So long as the side job does not conflict with the employee’s primary job, it should not be an issue. Where the conflict is such that it leads to data privacy issues or misuse of confidential information of the employer, it will be termed as fraud or cheating on the part of the employee. Thus, the repercussions of moonlighting, in some cases, could be unethical.

Most employment contracts in India provide exclusivity clauses and impose an embargo on the employees to associate themselves with any other firm or business for income. Further, there could be cases where moonlighting results in a breach of non-compete obligations operating during the subsistence of employment. Any side job that violates these obligations could be viewed as unethical as it would lead to a violation of the employment terms. Courts in India have also, in several cases, upheld orders of termination of employment where the employee had been found to have taken up a second job and, as a result, had been negligent in their duties towards the first employer. Thus, it will be a problem if moonlighting by employee results in a breach of obligations or the employer’s code of ethics.

Is moonlighting permitted or prohibited by law in India?

Kaushik: There is no legal definition of the term ‘moonlighting’ or ‘double/dual employment’ under Indian labor laws other than a few checks and balances provided under the law in this regard. For example, dual employment has been regulated under the Factories Act, and some of the Shops and Establishment legislations provide that the employee may be allowed to work in more than one factory/establishment so long as the employee is not required to work for more than nine hours in a day in total or not more than 48 hours in a week. The model standing orders framed under the Industrial Employment (Standing Orders) Act of 1946 require the employees to work exclusively for the establishment where they are employed and are restricted from taking up any additional employment that adversely affects the employer’s interest. The draft model standing orders framed under the upcoming Industrial Relations Code, 2020, however, go a step further to provide that the employer can permit employees to “take up an additional job, assignment with conditions or without conditions” with the prior permission of the employer.

While these restrictions do not apply to senior-level employees in most cases, the concept of moonlighting is completely unregulated when the second job falls outside the traditional employer-employee structure. Apart from this, Courts in India have recognized the idea of dual employment in cases where the terms of employment provide for it or the employers have consented to the same. At the same time, there are also cases where the Courts have upheld orders of termination of employment where the employee had been found to have taken up a second job and, as a result, had been negligent in their duties towards the first employer.

The underlying scheme of these limited regulations on dual employment has, thus, been to strike a balance between the employer’s business interest not being adversely affected and ensuring the health and safety of the employees by restricting work beyond the permissible hours. That said, even in the absence of any specific prohibition under the law on dual employment, the construct of some important labor welfare laws in the country is not conducive to such situations. Even in cases where employers allow employees to take up additional jobs, there are practical challenges that both employees and employers face in ensuring legal compliance. For instance, contributions under the provident fund and employees’ state insurance schemes are challenging, where the employees are linked with the accounts of more than one employer simultaneously. Withdrawal of provident fund accumulations also becomes difficult for the employees in such cases. Again, these challenges exist only where the person takes up ’employment’ with more than one employer. These issues can be easily addressed when the second gig is structured as a consultancy or advisory.

What makes the trend more prevalent in IT companies compared to the other sectors in India?

Kaushik: Most IT companies allow work-from-home or remote work structures. The lack of a talented workforce and high attrition rates due to the increased demand in the market has led to people receiving more than one job offer at a time. Since most IT companies these days do not emphasize the physical presence of employees in the office, it becomes more flexible for them to take up multiple jobs at a time. Additionally, they are the new age companies that allow their employees the flexibility to explore other side gigs and thus, in a way, promote the moonlighting culture. This, however, is likely to change with IT companies now coming up with more robust remote work and moonlighting policies to regulate this or completely prohibit any moonlighting in some cases.

Some reputed IT companies have recently come to light after warning their employees of termination if they are caught moonlighting. Is it legal for employers to take such a stringent position and restrict workers from taking on additional work?

Kaushik: Where the second job is in the same sector as the primary job, impacts the employee’s performance, or poses a threat to the confidentiality requirements of an organization, it is only natural for the employers to be against it. In cases where the employee is dealing with sensitive information like pricing or business secrets of the company, a second job in a similar profile can potentially threaten the first company’s business interest. In such cases, it will be justified for employers to restrict employees from moonlighting. Thus, allowing or refusing to moonlight depends solely on the employer’s discretion and the nature of the business they are engaged in.

What factors prompt businesses to determine whether to implement a moonlighting work policy?

Ramchandani: This depends on how the company perceives moonlighting. While on one side, there are companies allowing employees to moonlight by providing flexible work hours, others view it as plain and simple cheating. One determinative factor would be the kind of workforce appointed by the company. Full-time employees are typically expected to devote their entire working time and energy to the employers’ business interests. In part-time or fixed-term employment, the employee is not at the employer’s disposal beyond the prescribed time. Thus, if the company majorly operates through part-time or gig workers or freelancers, a moonlighting policy would be essential to regulate the nature of work taken up as a side hustle by the employees. In such cases, the moonlighting policy will need detailed clauses on maintenance of confidentiality, conflict of interest, impact on the employee’s performance, a dedicated number of work hours required, etc. Whereas, where the nature of business is such that it requires a dedicated full-time workforce, the moonlighting policy would not be preferable. In such cases, the employment contracts should instead have robust clauses on exclusivity, confidentiality, etc., and restrict moonlighting.

Moonlighting Policy: A Boon or a Bane! People have divided opinions about moonlighting. Please share your views on this.

Kaushik: Moonlighting policy is relevant or a boon where the employer allows it and can regulate the extent and scope of moonlighting by the employees. In such cases, a moonlighting policy will help employers draw boundaries for employees on what is allowed and what is not. Further, it could require employees to compulsorily declare any additional job taken up by them so that the employer can decide whether such work impacts its business. However, where the employer is against moonlighting altogether, a policy on this will be immaterial. Instead, in such cases, robust obligations on exclusivity and confidentiality in the employment contracts prohibiting moonlighting in any form will be more helpful.

One must remember that as much as a moonlighting policy enables the employee to make that extra buck, it also curtails the time for rest and recuperation. Multiple jobs at a time can result in increased levels of fatigue and other health issues over a period and impact overall efficiency. Thus, even from the employees’ perspective, it is essential that moonlighting, where allowed, is adequately controlled and, where required, restricted altogether.

In a nutshell, it will have to be a bespoke approach depending on factors like the nature of the business, category of employees in the workforce, demand in the market, etc., to see how these policies are structured for each organization.

What potential legal ramifications could moonlighting have for an employer and an employee?

Ramchandani: Considering there is no penalty prescribed under law for moonlighting employees, the terms and conditions governing the employment become relevant. In our experience, employers have been able to take disciplinary actions against moonlighting employees where the employment contracts or policies contained explicit terms on exclusivity and non-compete obligations operating during the term of employment. Additionally, employers will be able to sue employees for injunction and damages where such moonlighting has resulted in the disclosure of confidential information of the employer or amounts to a breach of trust under law and contract.

Action can also be taken against moonlighting employees in case their performance is impacted due to the second job, or they become negligent in their duties towards the primary job. The implication would, therefore, largely depend on the impact of moonlighting on the employer’s business.

In cases where the second gig is such that it does not conflict with the main job or is not likely to result in any loss to the employer, it won’t be easy to proceed against such employees unless the Company policies expressly prohibit another engagement in any form and manner by the employees.

Concerning the employees, the implications could involve dismissal from the main job and loss of income. Given the varying stands taken by corporates on moonlighting, dismissal from employment due to moonlighting could also hamper the prospects of employees.

What structured modifications in the scope of moonlighting in India may the workers anticipate? What shift should employees in India expect in the legal bodies’ and employers’ attitudes toward moonlighting?

Ramchandani: Moonlighting is an evolving concept in the Indian market and is likely to develop further with the recognition of the gig work economy under the new Labor Codes. With the increase in gig workers or freelancers, the side jobs taken by individuals are not always structured as traditional employer-employee arrangements. Individuals can be engaged as advisors or consultants by another business. A side gig of this nature may not always impact the employee’s performance, and to what extent this poses a risk to the company’s business would vary in each case. Thus, it is to be seen whether moonlighting will gain acceptability in core activities in the future or will be allowed only for jobs of ancillary nature. Further, moonlighting policies, while promoting flexible work cultures, would need to strike a balance between the interests of both parties. One would expect to see more streamlined approaches setting clear expectations from employees regarding performance and time commitment to the employer and adequate protection for employers in terms of confidential and proprietary information and other business interests.

This article was originally published in SHRM on 19 October 2022 Written by: Pooja Ramchandani, Partner; Kriti Kaushik, Partner Click here for original article

This is intended for general information purposes only. The views and opinions expressed in this article are those of the author/authors and does not necessarily reflect the views of the firm.

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EPF’s third account, both a boon and a bane

Saturday, 27 Apr 2024

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Big change: The EPF office in Kuala Lumpur. Experts say the provident fund will likely have to hold more liquid assets to meet possible withdrawals following the creation of the new account. — Bernama

THE Employees Provident Fund’s (EPF) third account, which will enable members to withdraw their savings at any time, has received mixed reactions.

For members in need, the third account, which is now renamed Akaun Fleksibel (AF), will help them meet both foreseen and unforeseen financial commitments and perhaps put to end the debate of allowing members to access their long-term retirement fund in a measured basis and not more than 10% of all new contributions.

Limited time offer: Just RM5 per month.

Monthly plan.

RM13.90/month RM5/month

Billed as RM5/month for the 1st 6 months then RM13.90 thereafters.

Annual Plan

RM12.33/month

Billed as RM148.00/year

For new subscribers only

Tags / Keywords: EPFAccount3 , FlexibleWithdrawal , RetirementPlanning , EPFContribution , OptInWindow , DividendImpact , EPSavings , RetirementCrisis

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