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How does Indian law protect against workplace discrimination?
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.
See lessReferring to the recent railway accidents in India, analyse the major causes behind them and suggest measures for improving safety.
Recent train accidents in India have exposed a series of serious problems: Principal Reasons: -Outdated Infrastructure: The tracks, bridges, and signaling systems are getting more and older, and accidents occur. Human Error: The social issue that arises from your business organization is that staffRead more
Recent train accidents in India have exposed a series of serious problems:
Principal Reasons:
-Outdated Infrastructure: The tracks, bridges, and signaling systems are getting more and older, and accidents occur.
Human Error: The social issue that arises from your business organization is that staff negligence, which is a result of complacency or inadequate training somehow leads to an occurrence of accident which results in deaths.
Maintenance: Rails, wheels, engines and coaches do not receive proper attention as far as maintenance is concerned and therefore pose a threat to lives.
Excessive Speed: This speed is still high at the areas where the tracks are poorly done causing derailment and collision.
-Signaling Failures: When the signaling system malfunctions there will be confusion and random occurrences of mishaps on the rail track.
Safety Enhancement Measures:
-Modernization: Restructuring the existing systems such as railway line maintenance and in the datum bridges, effective signaling system among others.
-Safety Maintenance: Raising maintenance standards and carrying out examinations to check on the staibility of railway properties.
-Training and Skill Development: Providing complete training to railway employees, especially the actual and prospective locomotive drivers, signal Heritage operators, and railway line maintenance employees.
-Strict Adherence to Safety Rules: Such measures as maintenance of a strict standard of safety in the organizations and Sunbelts imposition of fines for recklessness with a view of discouraging negligence.
-Real-time Monitoring: High-technology ways in the monitoring of train and tracks.
Independent Safety Audits: Development of a safety management system and engaging independent experts for a regular safety audit with regards to possible hazards and measures preventions thereof.
Public Awareness: To enthuse the people about railway safety rules and regulation with a view of avoiding the occurrence of such a disaster.
Taking this into consideration, and recognizing the essential means of identifying shortcomings, implementing changes and precautions which can convert the railway system of India safer in the future, some key problems of safety should be mentioned.
See lessThe role of regional organisations has become prominent in the post cold war era. Discuss.
The bi-pole Cold War system came to an end and a new system of international politics has emerged in its place; one where super-power confrontation is lowered and regional cooperation enhanced. Regional organizations can be said to have gained immense importance as they seek to address virtually allRead more
The bi-pole Cold War system came to an end and a new system of international politics has emerged in its place; one where super-power confrontation is lowered and regional cooperation enhanced. Regional organizations can be said to have gained immense importance as they seek to address virtually all forms of problems of compound interest as is evident in security interest, economic interest, environmental interest, as well as human interest.
Major Functions of Regional Organizations:
1. Promotion of Peace and Security:
-Conflict Resolution: Some examples include regional bodies like the African Union (AU) and the Association of Southeast Nations (ASEAN) that have over the years been involved in conflict resolution and the promotion of peace in their respective regions.
-Collective Security: The NATO has played a vital role of enabling member states feel protected by a security cover, which helps to keep off the risks that may be present.
2. Economic Cooperation:
-Facilitating Trade: They include regional integration, by removing or lowering tariffs, and the harmonisation of regulations on investment to encourage regional integration.
-Economic Development: They have also supported economic development through cooperation in projects, exchange of information and capacity building.
3. Achieving Global Challenges:
-Climate Change: World and regional bodies have continued to combat climate change for example through the EU’s emission reduction plan.
-Human Rights: They have advocated and perhaps normalized human rights within their respective regions and compelled member states on human rights performance.
Examples of Successful Regional Organizations:
-European Union (EU): An economic and political union with one of the highest levels of integration of all regional organizations.
-ASEAN: A vibrant intergovernmental body that has fostered economic development, political stability, security and cooperation in South East Asia.
-African Union (AU): An international body that has greatly transformed its function from being an organ for political domination to being an institution for empowering African peoples for peace, democracy, and economic integration.
See lessWomen empowerment in India needs gender budgeting. What are the requirements and status of gender budgeting in the Indian context? (2016)
Gender Budgeting in India: A tool for womans empowerment Gender budgeting is an analytical instrument that guarantees the autonomy of gendered money resources in public sector financing. There is prioritizing of the budgets provided by governments based on the gender differences that come with partiRead more
Gender Budgeting in India: A tool for womans empowerment
Gender budgeting is an analytical instrument that guarantees the autonomy of gendered money resources in public sector financing. There is prioritizing of the budgets provided by governments based on the gender differences that come with particular budgets, and then the resources are provided to negate the affected gender differences.
Requirements for Effective Gender Budgeting:
1. Gender-Sensitive Budgeting: This consists in identifying of the quantitative sex needs and then distribution of the characteristics accordingly.
2. Data Disaggregation: Aggregating the data by sex, and comprehending gender differences.
3. Capacity Building: Implementing Gender Budgeting principles and Techniques for Head of Civil Service Trainers and other government officials.
4. Institutional Mechanisms: Implementation of a process similar to or known as the establishment of gender budgeting cells or units in each and every governmental department.
5. Public Awareness: Informing the public on the existence of gender budgeting and the reason for implementing this process.
6. Monitoring and Evaluation: Conducted Periodic Reviews of the contextualization and general application of gendering budgeting measures.
Status of Gender Budgeting in India:
India too has gone some way in the direction of gender budgeting. Significant developments are:
-Institutionalization: The gender budgeting cells have been created in ministries and departments.
-Data Collection and Analysis: An attempt is being made to compile and study gender-break down data.
-Policy Integration: Several of the government policies and programs are adopting gender budgeting factors and policies.
-Public Awareness: Awareness can be initiated trough organizational and educational campaigns, where workshops are being carried out for the population.
But a lot still has to be done to ensure that gender budgeting is optimally realised in India. These are:
-Adequate Data: Absence of data about concrete requirements and consequencies of gender.
See less-Capacity Constraints: Lack of capacity within government departments render the gender budgetary instruments ineffectual.
-Political Will: The female budgeting exercise is most effective when there is long-term political support.
Can an FIR be filed by the accused? If yes, will the FIR be admissible as a confession in court of law?
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case. Admissibility as a Confession: Generally, an FIR filed by an accused is not admissible in the court as a confession.Read more
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case.
Admissibility as a Confession:
Generally, an FIR filed by an accused is not admissible in the court as a confession. This is due to the following reasons:
1. Voluntariness: A confession should be voluntary and shall be made free from duress or any sort of inducement to be taking as admissible. An FIR filed by an accused does not fall under this category especially at times of coercion or pressure.
2. Warning: Any confession that may have taken place that was recorded would have a proper warning administered before taking such confession due to the ill effects of false confession. An FIR filed by an accused may not have undergone this stage.
3. Self-Incrimination: Thus, the right of every incriminated person not to be self-incriminated is restricted by the filing of an FIR. However, it should be ensured that voluntary statements are not induced or coerced to hold up before this court.
Meaning, an FIR can be filed, but predominantly it will be without evidentiary value. The court would have to look at what circumstances were there under which the FIR was filed, the voluntary nature of the statements, and whether or not procedural safeguards were followed.
See lessJudiciary
Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation. In the United States, the powerRead more
Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation.
In the United States, the power judicial review, recognized in * the case of Marbury v. Judicial review (Marbury v. Madison* 1803) has placed the judiciary in a very strong position check on the legislative and executive branches. India’s courts are in the same analogous legal position with ability, the “basic structure doctrine,” to warrant this change as well as guard constitutional legitimacy while simultaneously restraining the legislative branch’s amendment-making capacities. Here, the judicial review of the UK focuses on the procedural regularity of administrative decisions because parliamentary supremacy eliminates the possibility of the declaring primary legislation unconstitutional.
Germany and other civil law nations employ constitutional courts to handle such pure constitutional claims, while the ECJ ensures compliance of its member’s laws with the treaty establishing the union. These systems show various levels and approaches of judicial control.
The control of judicial review regrettably hampering the balance of power. Its effect has been to strengthen the call for accountability and rights but has been blamed for judicial encroachment into the domain of policy formulation – undue judicial interference. In this respect, acting as a guardian of the constitution, judicial review improves governance, while the issues arising out of concerns related to the judiciary in the democratic systems are agitating. It will remain basic in support of the rule of law which facilitates a balance power that can function properly.
See lessDo you believe the exception of preventive detention laws is becoming the new norm in India? Provide examples to support your argument.
Preventive detention laws are increasingly becoming an issue of concern in India, as they are establishing a principle rather than an exception. Such a provision allows a person to be detained under suspicion without having any evidence against him. A few examples support this: Unlawful Activities (Read more
Preventive detention laws are increasingly becoming an issue of concern in India, as they are establishing a principle rather than an exception. Such a provision allows a person to be detained under suspicion without having any evidence against him. A few examples support this:
Unlawful Activities (Prevention) Act: UAPA has made a favourite weapon in the hands of people to detain someone without sufficient evidence against him rather than accusing him of being a terrorist or having engaged in acts of sedition. -STATE LEVEL LAWS: Very much similar to the state of Jammu and Kashmir, they have Public Safety Act, under which people can be put up for prolonged detention without trial. These provisions are invoked for keeping some journalists and activists under extended detention. -PREVENTIVE DETENTION AS A TOOL OF PROTEST AND DISSATISFACTION SUPPRESSION: recently seen in a few cases, in which preventive detention was employed against protests or expressing discontent.
It is one of the ways to bring in keeping public order and security in the country. And misuse of this facility could infringe the essential rights of an individual and undermine principles of justice. The laws would have to be exercised with caution and with proper precautions to guard against misapplication and to ensure the protection of individual liberties.
See lessKorean War: Impact on Cold War
At that time, Cold War was marking its first war, that is, the Korean War (1950-1953) which came out as a major proxy war between the United States and its allies versus the Soviet Union and its allies. Old alliances were strengthened and formed new ones including SEATO. The war showed the readinessRead more
At that time, Cold War was marking its first war, that is, the Korean War (1950-1953) which came out as a major proxy war between the United States and its allies versus the Soviet Union and its allies. Old alliances were strengthened and formed new ones including SEATO. The war showed the readiness of both superpowers to fight upon other people’s ground for the advancement of their respective ideological causes. It brought out the very element of danger of nuclear escalation where even now both sides had nuclear arms. The Korean War gave rise to the “limited war” doctrine, wherein not every war required all-out mobilization. This type of doctrine would be seen in subsequent Cold War conflicts, in particular, the Vietnam War. The war had some universal impacts, one of which showed that Soviet power had its limits and that the nation was determined to contain communism. It also heightened the tensions between the United States and China, with far-reaching effects in subsequent decades.
See lessBangladesh accuses India of being a bully in matter of Water sharing. How far the accuse is relevant? Provide an argument in about 200 words.
The allegation against India being a bully in water sharing with Bangladesh has certain realties in it but such matters have a history of complexities behind them. The fact that India has occupied an upstream position on shared rivers gives it a strong bargaining power. Bangladesh, on the other handRead more
The allegation against India being a bully in water sharing with Bangladesh has certain realties in it but such matters have a history of complexities behind them. The fact that India has occupied an upstream position on shared rivers gives it a strong bargaining power. Bangladesh, on the other hand, happens to lie downstream and thus, usually comes at the mercy of that power play. That often leads to conflict during times such as drought or flooding, where such water management decisions in India would affect serious consequences on Bangladesh.
But even so, India and Bangladesh have signed a number of bilateral memorandums for cooperation regarding water resources. They haven’t quite resolved matters; rather, India generally cites its own domestic needs, in some of these regions, connected to these rivers-for instance, West Bengal-from having its water management decisions justified.
So, even though Bangladesh’s concerns are pretty valid, the entire picture is not one-sided. The two countries must sit together and evolve means, which would result in sustainable solutions to meet the needs of both populations.
See lessWhy is nanotechnology one of the key technologies of the 21st century? Describe the salient features of Indian Government’s Mission on Nanoscience and Technology and the scope of its application in the development process of the country(150 words) (2016)
Nanotechnology is such a vital technology of the 21st century because it manipulatively works by the atomic level and molecular scale materials, thereby promising revolutionary developments regarding medicine, energy, electronics, and agriculture. By an application of nanotechnology with promising pRead more
Nanotechnology is such a vital technology of the 21st century because it manipulatively works by the atomic level and molecular scale materials, thereby promising revolutionary developments regarding medicine, energy, electronics, and agriculture. By an application of nanotechnology with promising performance and sustainability, engineers can take a step further towards innovation to complete the progress of the economy and society.
1.Research and Development: Initiate cutting-edge technology research in nanotechnology and author world-class facilities; 2. Human Resource Development: Train scientists and engineers in developing advanced nanoscience. 3. Infrastructure Development: Improving nanotechnology research centers in the country. 4. Marketability: Maximizing research conversion into the produced product so that it empowers industries.
The spectrum of Nanotechnology in India ranges from helping in the production of agricultural productivity by application of nano-fertilizers to sophisticated drug delivery and diagnostics which may enhance health care to develop new renewable energy technologies, and so on for further advancements in defense. utilization of lightweight materials.
See less