What are the impacts or the changes intended by Bhartiya Nyaya Sanhita , Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam specifically which focuses on victim-centered approach ?
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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The BNS, BNSS and BSA combined are seeking to reform criminal justice system of India and cover a modern criminal Justice System of India for victimized person. ### Bharatiya Nyaya Sanhita (BNS) 1. **Enhanced Victim Rights**: BNS make provisions for the participation and protection of the victims inRead more
The BNS, BNSS and BSA combined are seeking to reform criminal justice system of India and cover a modern criminal Justice System of India for victimized person.
### Bharatiya Nyaya Sanhita (BNS)
1. **Enhanced Victim Rights**: BNS make provisions for the participation and protection of the victims in the justice systems especially in acts of enhancement of the rights given to the victims.
2. **Compensation and Support**: Employers should pay much attention to early compensation and psychosocial care especially for victims in the grievous offenses.
### Bharatiya Nagarik Suraksha Sanhita (BNSS)
1. **Witness Protection**: BNSS poses a lot of importance in the protection of the witnesses necessary in the protection of the victims willing to testify.
2. **Victim Assistance**: Setting up of programs that would help the victims through offering them a legal representation or counseling.
### Bharatiya Sakshya Adhiniyam (BSA)
1. **Simplified Evidence Procedures**: BSA is keen to lessen the various processes that are used in offering proofs, the more with a view of diminishing the agony that victims undergo while in trials.
2. **Victim Testimonies**: Safeguards of the Victim’s Testimonies so that the ordeal the Victims undertake while undergoing the judicial process is minimized.
### Impact
1. **Victim Empowerment**: These reforms taken as a whole all protect and assert the rights of the victims and guarantee that their input will be heard in their case.
2. **Speedy Justice**: Efficiency of procedures and improvement in the protection mechanisms are meant to advance trials and bring justice to the victims.
3. **Holistic Support**: Financial, legal, and psychological assistance to the victims also increase humane treatment of the offenders.
In general, numeration of laws with an emphasis on the protection of victims indicates the governments’ willingness to build a more sensitive and effective justice system
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