India has diverse legal remedies against discrimination on the place of employment but this is not an exhaustive regime. This includes the following key laws and constitutional provisions: Constitutional Provisions: Article 14: Equity before the law Article 15: Bans discrimination based on religion,Read more
India has diverse legal remedies against discrimination on the place of employment but this is not an exhaustive regime. This includes the following key laws and constitutional provisions:
Constitutional Provisions:
Article 14: Equity before the law
Article 15: Bans discrimination based on religion, race, caste, sex or place of a person’s birth.
Specific Laws:
Equal Remuneration Act, 1976: Equality for women at the workplace-whereas every man is paid for the same work he does every woman is also paid the same for the work she does.
-The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): Of particular note is prevention of sexual harassment of women at workplace and mandatory setting of Internal Complaints Committees.
-The Rights of Persons with Disabilities Act, 2016: Gives civil rights to people with disabilities and safeguards them against employment and all other types of discrimination.
Other Relevant Laws:
-Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: It helps to ensure that the oppressed sections are not discriminated or victimized in one or other way.
-Maternity Benefit Act, 1961: It safeguards the women employees right to maternity.
Despite these laws, there are still issues that exist:
Lack of Overall Legislation: Currently, there doesn’t exist a general code that focuses on the act of discriminating employees in their workplace with the exception of discrimination based on sexual preferences.
Challenges in Implementation: To enforce these laws, particularly in the informal sectors is rather difficult.
-Social and Cultural Barriers: More often, ideological prejudice at the societal and cultural level is the biggest hindrance for the right enforcement of anti-discrimination laws.
However, all these aspects can be enhanced with enhanced awareness, better enforcement of laws and future legislative changes to enhance the conditions of the Indian workplace to make them suitable for SC/STs and women.
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Child custody disputes are governed by various laws and principles that prioritize the welfare and best interests of the child. The primary statutes are the Hindu Minority and Guardianship Act, 1956, the Guardians and Wards Act, 1890, and personal laws relevant to different communities. 1. **Best InRead more
Child custody disputes are governed by various laws and principles that prioritize the welfare and best interests of the child. The primary statutes are the Hindu Minority and Guardianship Act, 1956, the Guardians and Wards Act, 1890, and personal laws relevant to different communities.
1. **Best Interests of the Child**: Indian courts prioritize the child’s welfare above all else. This principle, derived from Article 21 of the Indian Constitution and international conventions, guides custody decisions.
2. **Right to Access and Visitation**: A child has the right to maintain relationships with both parents, barring any specific concerns about safety or well-being. Courts often grant visitation rights to the non-custodial parent to ensure the child maintains a bond with both parents.
3. **Parental Responsibilities**: Custody decisions consider each parent’s ability to provide emotional, physical, and financial support. The court examines the home environment, parenting skills, and the child’s preference if the child is deemed mature enough to express a view.
4. **Legal Guardianship**: Under the Guardians and Wards Act, a court-appointed guardian may be appointed if both parents are unfit to care for the child.
Overall, Indian law aims to protect the child’s rights by ensuring that custody arrangements serve the child’s best interests and provide stability and care.
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