Code of Civil Procedure 1908 deals with two important doctrine "Res Judicata" and "Res Sub Judice". The key differences between the two are: Meaning: Sec 11 CPC deals with the doctrine of Res Judicata and states that a matter that has already been decided by a competent court it can't be re-opened iRead more
Code of Civil Procedure 1908 deals with two important doctrine “Res Judicata” and “Res Sub Judice”. The key differences between the two are:
Meaning:
Sec 11 CPC deals with the doctrine of Res Judicata and states that a matter that has already been decided by a competent court it can’t be re-opened in subsequent litigation.
Sec 10 CPC deals with Res Sub judice and it prevents the courts from taking up any matter which is still pending before subsequent court.
Purpose
The main purpose of Res Judicata is to protect individuals from being harassed by multiplicity of suits.
The purpose behind doctrine of Res sub Judice is to ensure there is conflicting or multiple judgements and matter to be decided by only one competent court.
Stage Of Litigation
Res Judicata is applicable after the final Judgement has been pronounced whereas Res Sub judice is applicable when the suit is pending.
Effect
Res Judicate bars further litigation on the decided issue on the other hand Res Sub judice stays the trial of the pending suit.
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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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