Every Person has right to maintain and preserve his reputation. The Right of reputation is more valuable than right to property. Law gives protection to a man’s reputation. Chapter XXI, Section 499 to 502 of Indian Penal Code relates to offenses of Defamation.
Meaning of Defamation
When injury caused to the reputation of a person it can be termed as defamation. Defamation is both a crime and civil wrong
Definition of defamation
Section 499 of Indian Penal Code defines defamation with for Explanations and ten exceptions and number of illustrations
Defamation
“whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
The definition of the Defamation contains three essential elements
i) the person
ii) his reputation, and
iii) the harm to reputation of the person with necessary mens rea (guilty mind)
Essential Ingredients
The offence of defamation consists of the following essential Ingredients :
1) Making or Publishing of an Imputation concerning person.
2) Such Imputation must have made by
i) words either Spoken or
ii) signs or
iii) visible representations;
3) offender intends to harm, or knows or has reson to believe that such imputation will harm the reputation of that person.
Explanations
It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
An imputation in the form of an alternative or expressed ironically, may amount to defamation.
No imputation is said to harm a person’ reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
Examples
A says-“Z is an honest man; he never stole B’ watch”, intending to cause it to be believed that Z did steal B’ watch. This is defamation, unless it fall within one of the exceptions.
A is asked who stole B’ watch. A points to Z, intending to cause it to be believed that Z stole B’ watch. This is defamation, unless it fall within one of the exceptions.
A draws a picture of Z running away with B’ watch, intending it to be believed that Z stole B’ watch. This is defamation, unless it fall within one of the exceptions.
Exceptions
1) Imputation of truth which public good requires to be made or published –
It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
2) Public conduct of public servants –
It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
3) Conduct of any person touching any public question. –
It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
Example
It is not defamation in A to express in good faith any opinion whatever resepting Z’ conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.
4) Publication of reports of proceedings of courts –
It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
Explanations – A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.
5) Merits of case decided in Court or conduct of witnesses and others concerned –
It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Examples –
a) A says-“I think Z’ evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z’ character as it appears in Z’ conduct as a witness, and no farther.
b) But if A says-“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, inasmuch as the opinion which expresses of Z’ character, is an opinion not founded on Z’ conduct as a witness.
6) Merits of public performance –
It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no farther .
Explanation –
A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public .
Examples –
a) A person who publishes a book, submits that book to the judgment of the public.
b) A person who makes a speech in public, submits that speech to the judgment of the public.
c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.
d) A says of a book published by Z -“Z’ book is foolish; Z must be a weak man. Z’ book is indecent; Z must be a man of impure mind.” A is within the exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z’ character only so far as it appears in Z’ book, and no further.
e) But if A says -“I am not surprised that Z’ book is foolish and indecent, for he is a weak man and a libertine.” A is not within this exception, inasmuch as the opinion which he expresses of Z’ character is an opinion not founded on Z’ book.
7) Censure passed in good faith by person having lawful authority over another –
It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates .
Example –
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier are within this exception .
8) Accusation preferred in good faith to authorized person –
It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation .
Example –
a) If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’ master;if A in good faith complains of the conduct of Z, a child, to Z’ father-A is within this exception .
9) Imputation made in good faith by person for protection of his or other’ interests –
It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.
Examples
a) A, a shopkeeper, says to B, who manages his business-“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.
10) Caution intended for good of person to whom conveyed or for public good –
It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
Punishment for defamation (Section 500 I.P.C) –
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The offence under Section 500 is non-cognizable, bailable, compoundable, with the permission of the Court, and triable by the Court of Session.
Printing or engraving matter known to be defamatory Section 501 –
Printing or engraving matter known to be defamatory – Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Sale of printed or engraved substance containing defamatory matter Section 502 –
Sale of printed or engraved substance containing defamatory matter – Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The offence under section 502 is non-cognizable, bailable, compoundable and triable by the Court of Session
One of the hardest task of an HR manager in any organization is talent management. It is the process of identifying the existing talent in the organization and then assessing the talent needs, followed by talent acquisition, talent engagement and finally by talent retention. The hardest part of this is not the process of talent acquisition or engagement, but rather it is the supply of talent itself. Most of the business and operating managers are of the notion that there exist an ample amount of talent in the labour market and that talent identification or acquisition would be easy. But the bitter truth is that, talent with the specific skill set and qualities is in scarce quantity in the talent market and thus the talent acquisition strategies should be very streamlined and well-defined so as not to lose out on the desired candidates. But on top of all this, one very important way that should be followed by each and every organization is Succession Planning.
Succession Planning is the process of identification and development of new leaders, usually at the executive level, with the intention to replace the old leaders when they die, retire or they leave the organization abruptly. This is a practice which is followed so that the existing capable leaders develop themselves so that they can assume the positions of the higher authorities as and when that become vacant. Succession planning is extremely important in an organization because of multiple reasons:
Talent resource with the desired skill set is very scarce in the labour market.
If an executive leaves the organization abruptly, there would be no qualified candidate to become the successor of the vacant position.
Even if a candidate is selected to fill the vacant position, there would be loss in terms of acquisition costs, loss of productivity and hence un-productive costs and then the cost of upskilling among the few direct costs.
Considering the fact that talent is scarce in this unpredictable talent market, it is important for every organization to take strategic decisions as to how to implement the succession planning. It is a way by which an organization can plan for the future in case of uncertain events.
Now, while planning on how to conduct succession planning, an organization can follow a few steps. Some of the steps are:
At first, try to understand that how the organizational structure is going to be affected if some executive at the key position abruptly leaves the organization. And then while charting out the organizational hierarchy structure, identify the employees who play a critical role in the organization.
Try to identify which are the key positions in your organization which if left vacant even for a single day will create a he dent in your organization.
Scanning the organizational hierarchy, try to identify the top and the bottom players, by looking at their performance records, their career growth and majorly by discussing with their managers.
For any single key position, always try to keep more than one option open.
One of the most crucial step is to communicate who is selected and what is the purpose of selection. This communication should be done to both the new selects as well as the key position holders.
After selection of the individuals, provide them the required training so as to make them ready to occupy the upper positions as and when required.
These is the backbone of succession planning which should be followed by every organization so that the entire organizational structure does not crumble down for a key member leaving the organization.
Quality of work life is very important for employee because employee work in which era and society . If the employees work more times in the office and after that they not have enough time to spend with their family , have not good relationships with their colleagues and employers it’s affect the employee’s quality of work life. It’s affects the working in the office and it’s upset mentally to employee.
Some knowledge workers work for more than 60 hours a week. As a result of this, their personal hobbies and interests clash with their work. Life is a bundle that contains all the strands together and hence the need to balance work life with other related issues.’ One must have both love and work in one’s life to make it healthy. Gone are the days when the priority of employees used to be for physical and material needs. With the increasing shift of the economy towards knowledge economy, the meaning and quality of work life has undergone a drastic change.
MEANING OF QUALITY OF WORK LIFE
Quality of work life refers to the favourable favourableness or unfavourable unfavourableness of a job environment for the people working in an organisation. The period of scientific management which focused solely on specialization and efficiency , has undergone a revolutionary change.
The traditional management inadequate ttention to human values. In the present senario , needs and aspirations of the employees are changing . Employers are now redesigning job for better quality of work life .
# The QWL as strategy of Human Resource Management has assumed increasing interest and importance. Many other terms have come to be used interchangeably with QWL such as ‘humanisations of work’ ‘quality of working life, ‘industrial democracy’ and ‘participative work’.
# “Quality of work life is based on a general approach and an organisation approach. The general approach includes all those factors affecting the physical, social economic, psychological and cultural well-being of workers, the organisational approach refers to the redesign and operation of organisations in accordance with the value of democratic society.”
“The overriding purpose of QWL is to change the climate at work so that the human-technological-organisational interface leads to a better quality of work life.”
Quality is work life involves three major parts :
Occupational health care : Safe work environment provides the basis for people to enjoy his work. The work should not pose health hazards for the employees.
Suitable work time: Companies should observe the number of working hours and the standard limits on overtime, time of vacation and taking free days before national holidays.
Appropriate salary: The employee and the employer agree upon appropriate salary. The Government establishes the rate of minimum salary ; the employer should not pay less than that to the employee. Work represent a role which a person has designated to himself. On the other hand, work earns one’s living for the family , on the other hand it is a self realization that provides employment and satisfaction.
work life quality- defined as the balance between an employee’s work demands and outside interests or pressures – is a long – standing but ever- evolving area of corporate social responsibility . Some organisations view QWL as important, but do not formally link it to their strategic or business plans.
Some people by nature are not committed to anything and anyone and as such they would not be committed to their employers also. Commitment is an attitude and those who lack it will not be committed to their jobs.
Importance of quality of work life
▪︎Enhance stakeholder relations and credibility
▪︎Increase Productivity
▪︎Attractions and retention
▪︎Reduces absenteeism
▪︎Improve the quality of working lives
▪︎Beneting families and communities
▪︎Job involvement
▪︎Job satisfaction
▪︎Company reputation
Significance of good quality of work life:
# Decrease absenteeism and increase turnover
# Less number of accidents
# Improved labour relations
# Employee personification
# Positive employee attitudes toward thei work and the company.
# Increase productivity and intrinsic motivation
# Employee gain a high sense of control over their work
Problems in improving the quality of work life:
These problems may occur because of:
poor reward and recognition: People will not do their best when they feel that employers’ commitment in terms of reward and recognition is lacking. Commitment is a mutual phenomenon. When employers want to get the best from employees but do not give them reward and recognition, people will not be committed to work.
Dead-end jobs: Work which does not offer opportunities for growth and promotion is one of the greatest reasons for employees’ de-motivation and non-commitment. Jobs which deprive employees of self-development and growth opportunities lead to high dissatisfaction and disloyalty.
Managing by intimidation : Mistreating people and managing them by threats and embarrassment leads to employees’ dissatisfaction and weakens their commitment. In a best seller book” The Loyalty Link” Dennis G. Mc Carthty has identified managing by intimidation as one of the seven ways which undermine employees’ loyalty.
Negative working environment: Non-acceptance by colleagues, non-cooperation, too much politics, and negative behaviour by colleagues, supervisors and other people in the company also hamper commitment. At the end of the day people want peace of mind, which if not available in the work environment will discourage them to show total support to the company.
No job security: One of the major needs of employees is job security. If the employee feels that he can lose his job anytime, he would not be committed towards company’s goals.
Negative attitude: Some people by nature are not committed to anything and anyone and as such they would not be committed to their employers also. Commitment is an attitude and those who lack it will not be committed to their jobs.
Child labour is a term you might have heard about in news or movies. It refers to a crime where children are forced to work from a very early age. It is like expecting kids to perform responsibilities like working and fending for themselves. There are certain policies which have put restrictions and limitations on children working. The average age for a child to be appropriate to work is considered fifteen years and more. Children falling below this age limit won’t be allowed to indulge in any type of work forcefully. Why is that so? Because child labour takes away the kids opportunity of having a normal childhood, a proper education, and physical and mental well-being. In some countries, it is illegal but still, it’s a far way from being completely eradicated.
Causes of Child Labour Child Labour happens due to a number of reasons. While some of the reasons may be common in some countries, there are some reasons which are specific in particular areas and regions. When we look at what is causing child labour, we will be able to fight it better. Firstly, it happens in countries that have a lot of poverty and unemployment. When the families won’t have enough earning, they put the children of the family to work so they can have enough money to survive. Similarly, if the adults of the family are unemployed, the younger ones have to work in their place. Child labour is a term you might have heard about in news or movies. It refers to a crime where children are forced to work from a very early age. It is like expecting kids to perform responsibilities like working and fending for themselves. There are certain policies which have put restrictions and limitations on children working.
We get various nutrients by drinking fresh fruit juices or vegetable juices. The daily needs of minerals, vitamins, fiber and antioxidants can be fulfilled by having these juices. Also, drinking juices increases our metabolism and helps in weight loss.
Fiber burns fat and helps in weight loss. You will be surprised to know that vegetables that have high fiber content absorb water from the body and helps indigestion. Along with this, you will not feel hungry for long time. Consuming juices of many vegetables and fruits is beneficial for burning calories and weight loss.
Orange juice: Fresh orange juice not only tasty, it can also be helpful in reducing your weight. Orange is also called anti-calorie fruit because it has very few calories and drinking it provides many benefits to the body.
Bitter gourd juice: Drinking Bitter Gourd Juice helps us to increase the metabolism. Also, bitter gourd helps in keeping our weight under control due to being a low-calorie food.
Cucumber Juice: This vegetable contains a lot of water and hence, cucumber keeps the body hydrated. Also, due to being a low-calorie food this juice makes you feel full for a long time. So, you don’t have any unhealthy cravings.
Pomegranate juice: Pomegranate contains antioxidants and polyphenols. Therefore, it is considered to increase metabolic rate, decrease appetite, and burns fat.
Pineapple juice: Pineapple juice is rich in nutrients. This is considered good for gym lovers, people can have it after their workouts. In it, elements called vitamin C and bromillian are found. which, reduces inflammation of the body.
Haven’t we heard this word too often or have we stopped listening? We have all felt a shortage of cash at times. That is an individual experience. It is not the same as the social problem of poverty. While money is a measure of wealth, lack of cash can be a measure of lack of wealth, but it is not the social problem of poverty.
Poverty as a social problem is a deeply embedded wound that permeates every dimension of culture and society. It includes sustained low levels of income for members of a community. It includes a lack of access to services like education, markets, health care, lack of decision making ability, and lack of communal facilities like water, sanitation, roads, transportation, and communications. Furthermore, it is a “poverty of spirit,” that allows members of that community to believe in and share despair, hopelessness, apathy, and timidity. Poverty, especially the factors that contribute to it, is a social problem, and its solution is social
Poverty is a peculiar problem from which various countries of the world, particularly the Third World, have been suffering. There cannot be a common definition of poverty which can be broadly accepted everywhere. Thus there are large differences between the definitions of poverty accepted in various countries of the world.
Poverty is considered as the greatest challenge faced by the societies in the third world countries. Poverty is also concerned with the comparison with respect to a fixed line—known as poverty line. However, the poverty line is fixed extraneously and, therefore, remains fixed for a certain period.
Poverty Line:
Normally poverty is defined with poverty line. Now the question which is relevant at this point is what the poverty line is and how is it fixed? The answer to the question is that the poverty line is a cut-off point on the line of distribution, which usually divides the population of the country as poor and non-poor.
Accordingly, people having income below the poverty line are called poor and people with income above poverty line are called non-poor. Accordingly, this measure, i.e., the percentage of people living below the poverty line is known as head count ratio.
In India, broadly accepted definition of poverty emphasises more on minimum level of living rather than on reasonable level of living. Accordingly, it is broadly agreed that poverty can be termed as a situation where a section of the population fails to reach a certain minimum consumption standard. Differences arise with the fixing of this minimum consumption standard.
After a thorough examination, the study group set up by the Planning Commission in July 1962 recommended a standard of private consumption expenditure of Rupees 20 (at 1960-61 prices) per capita per month as the bare minimum amount common to both rural and urban areas.
Top 7 Causes of Poverty in India
1. Lack of Inclusive Economic Growth:
The first important reason for mass poverty prevailing in India is lack of adequate economic growth in India. In the first three decades of planned development (1951-81) in India, annual average growth in national income had been 3.6 per cent. With 2.1 per cent per cent per annum growth in population, per capita income grew by only 1.5 per cent per annum during this period. In addition, with the increase in saving rate from about 9 per cent in 1950-1951 to 20 per cent of GDP in 1979-80, increase in per capita consumption expenditure was too small to make any significant dent on the problem of poverty. Besides, because of prevailing income inequalities per capita consumption expenditure of the poor could have hardly risen.
2. Sluggish Agricultural Performance and Poverty:
Many economists have pointed out that in the year of good agricultural output, poverty ratio declines. Good performance in agriculture leads to more employment opportunities and fall in prices of food grains. More employment opportunities and lower food price cause poverty ratio to decline. The experience of Punjab and Haryana shows that with agricultural growth through use of new high yielding technology (popularly called green revolution); poverty ratio can be significantly reduced. However, in various states of the country such as Orissa, Bihar, Madhya Pradesh, Assam, East Uttar Pradesh, where poverty ratio is still very high new high-yielding technology has not been adopted on a significant scale and as a result agricultural performance has not been good. As a result, poverty prevails to a larger extent in them.
3. Non-implementation of Land Reforms:
Equitable access to land is an important measure of poverty reduction. Access to adequate land, a productive asset, is necessary for fuller employment of members of an agricultural household. Most of the rural poor are agricultural labourers (who are generally landless) and self-employed small farmers owning less than 2 acres of land.They are unable to find employment throughout the year. As a result, they remain unemployed and under-employed for a large number of days in a year. No wonder that these landless agricultural labourers and self- employed small farmers remain poor. Land-reforms were intended to provide them equitable access to land.
4. Rapid Population Growth:
Rapid population growth since 1951 is another important factor responsible for persisting poverty in India. Population in India has increased from 36 crores in 1951 to 102.7 crores in 2001, that is, 66 crores people have been added to the Indian population in the last about 50 years since independence. Rapid population growth causes excessive sub-division and fragmentation of holdings. As a result, per person available land has greatly declined so that households do not have access to sufficient land to produce enough output and income for them.
Further, rapid growth of population increases the dependency ratio, that is, an earning member has more persons to support. This causes lower per capita consumption expenditure which is not enough even to meet the basic needs.
5. Unemployment and Under-employment:
The existence of unemployment and underemployment in the Indian economy is another cause of poverty in India. Unemployment prevails more among casual labour whose proportion in labour force has been increasing and in their case unemployment and poverty go together.
The unemployment has been caused by rapid growth of population and labour force on the one hand and relatively low rate of capital formation and economic growth on the other. Besides, the generation of employment opportunities by the organised sector has been quite insignificant.
As a result, the demographic reassure on land has been increasing resulting in unemployment, and disguised unemployment in agriculture and the informal sector. Thus has caused low productivity, low incomes and poverty.
6. Slow Growth of Employment:
In the beginning of the planning era it was thought the organised sector over a period of 20 years will generate sufficient employment opportunities for the unemployed poor. The actual experience has belied these hopes. Take, for instance, the experience of the last decade (1990-2000) of economic development.
7. Inflation and Food Prices:
Rate of inflation and level of food prices is an important factor that causes poverty. Inflation, especially rise in food prices, raises the cost of minimum consumption expenditure required to meet the basic needs. Thus, inflation especially raises in food prices pushes down many households below the poverty line.
Global Programmes Impacting against Poverty in India
Many initiatives are being taken up at the global front as well to help solve the problem of hunger and poverty. Some of these are:
1. Ending Child Hunger and Undernutrition Initiative (ECHUI)-
This is a global initiative started by World Food Programme (WFP) that ensues global partnership and aims at reducing the causes and effects of child hunger and undernutrition. It aims to mobilise resources for actions on national levels to build awareness and address the issue on a global scale. On any given day, WFP has 5,000 trucks, 20 ships and 92 planes on the move, delivering food and other assistance to those in most need. Every year, they distribute more than 15 billion rations at an estimated average cost per ration of US$ 0.31.
2. Agenda 2030-
Agenda 2030 is the shortened name given to the Sustainable Development Goals (SDGs) is 17 goals set by the UN General Assembly in 2015. The top two goals of the agenda are to “End Poverty in all its forms, everywhere” and “End Hunger, achieve food security and improved nutrition, and promote sustainable agriculture”. This shows that the need of the hour is focusing on the poverty and its most drastic side effect of hunger. Most countries lack data on poverty and especially child poverty and thus it makes it difficult to make projections for the future.
3. US Government Global Food Security Strategy (2017-2021)-
After the Global Food Security Act on 2016, the US Government, in partnership with other governments, universities, research institutes, civil societies and private sector built this strategy to focus on challenges like poverty and hunger. The vision of this strategy is “A world free from hunger, malnutrition and extreme poverty.”
Mercy Corps worked closely with private sector partners, other NGOs, academic and research institutions, the faith community and Members of Congress to help pass H.R. 5129 and S. 2269 amendment bills. This bill ensures the Global Food Security Act’s improvements to the Global Food Security Strategy and the Feed the Future Initiative will continue beyond 2018.
Life is a journey from beginner to a pro. It drives us from a million ways through which we live, learn, seek, embrace and grow. The growth of a human being into a person is what involves the entire journey of a lifetime. For every second a person lives, he grows in a million uncounted, un-felt ways. The greatest mechanism for the transformation of a human being to a person is education. Education is the power that can change the world.
Education is an integral part of human development and there exist an essential need for the same. But as always said, Growth is always multidimensional. Education teachers of person theoretically. There is a need of social recognisation and realisation in people which we call the Civic sense. The sense of responsibility and concern towards being a good human is what constitutes to an important branch of growth. Teaching makes people intelligent but civic sense makes people gentleman. Also, What point is it to have an education system which lacks the basic education?
people lack in having civic sense as they were never taught about the importance regarding the same. In rushing after our ambitions, we often forget that we need to be responsible and sensible about our living too. There are many strategies and steps which could be followed in order to improve the current situation of our generation as lack of civic sense does not only pulls human away from being a complete person but also exploits the environment. Instances like dumping garbage in the middle of high speeding road, leaving over the packages marks how can professional and uncivilized this generation is.
There should be a systemised remedy provided for the same. As qualities like these are developed in the early stages, the schools should have a subject about Moral Education or Values to Uphold to highlight the importance of being a good human being and how to pursue it.
Only if we start it from the initials, we will make it to the finals too. It is high time for the generation to step out and see the ways to turn their imperfection into areas of improvement. Besides, awareness programs should be held, laws should be made for betterment of the same. When the people will come together, the environment, ethics and morals will never have to be compromised.
Education drives human to a person but civic sense a person to the person.
The glory of India has evolved through jewels of wisdom and royale but on the other hand it has been through a lot of bleak ways which spread their way now too even after ages of the start.
The ways being talked about are the ways through which poverty, with every passing tenure widens its arms and stretches farther on all the left out communities of India. Technically, poverty refers to the lack of monetary facilities which obstruct a citizen to satisfy his needs or wants. If given a detailed look,it will be realised that this evil poverty not only lies in terms of money but has a great extension when it comes to opportunities development performance and preferences especially for the left out communities of India.
Not only the inferior community experience poverty but they witness poverty at even worse when it compelled them to scrounge their glitter of life.
They are poor for not being able to withstand the glorified people. They are even poorer for not being able to witness the politics and policies and false promises made to each one of them from endless of mediators come true.
Poverty in India not only describes itself as lack of money but teaches a lot too. The people of slums are not bothered at all for not having a royal living but all the pray is to ‘not have’ empty stomach. When a rich kid is witnessed excluding his tattered shoes from wearing, these tender kids find the world of happiness from the same. The poor kids are not at all in complex with them being in a state of loan desolation but they count on it as a bouquet of wonders which they encounter with every ride they take to accomplish their tasks.
Poverty vanishes the abilities, worth and consideration of people and entancled in it.
No matter how much we try to deny this fact but Poverty is eating the growth of our country. It is because of this, that a country still needs ages to grow completely, inside out.
The Government of India should take decisions and actions to safeguard and protect the future talents and shining stars of the country. All of us have to initiate spreading empathy, colours and equality instead of flourishing poverty.
We can define poverty as the condition where the basic needs of a family, like food, shelter, clothing, and education are not fulfilled. It can lead to other problems like poor literacy, unemployment, malnutrition, etc. A poor person is not able to get education due to lack of money and therefore remains unemployed. An unemployed person is not able to buy enough & nutritious food for his family and their health decline. A weak person lacks the energy required for the job. A jobless person remains poor only. Thus we can say that poverty is the root cause of other problems.
Absolute poverty is used to measure poverty in developing countries like India. If per day income of a family is below this level, then it is poor or below the poverty line. If per day income of a family is above this level, then it is non-poor or above the poverty line. In India, the new poverty line is Rs 32 in rural areas and Rs 47 in urban areas. If per day income of a family is below this level, then it is poor or below the poverty line. If per day income of a family is above this level, then it is non-poor or above the poverty line. In India, the new poverty line is Rs 32 in rural areas and Rs 47 in urban areas.
According to the Noble prize winner South African leader, Nelson Mandela – “Poverty is not natural, it is man made”. There are various causes of poverty but the most important is population. Rising population is putting the burden on the resources & budget of countries. Governments are finding difficult to provide food, shelter & employment to the rising population.
The other causes are- lack of education, war, natural disaster, lack of employment, lack of infrastructure, political instability, etc. For instance- lack of employment opportunities makes a person jobless & he is not able to earn enough to fulfill the basic necessities of his family & becomes poor. Lack of education compels a person for less paying jobs & it makes him poorer. Lack of infrastructure means there are no industries, banks, etc. in a country resulting in lack of employment opportunities. Natural disasters like flood, earthquake also contribute to poverty.
Effects of Poverty
Poverty affects the life of a poor family. A poor person is not able to take proper food & nutrition &his capacity to work reduces. Reduced capacity to work further reduces his income, making him poorer. Children from poor family never get proper schooling & proper nutrition. They have to work to support their family & this destroys their childhood. Some of them may also involve in crimes like theft, murder, robbery, etc. A poor person remains uneducated & is forced to live under unhygienic conditions in slums. There are no proper sanitation & drinking water facility in slums & he falls ill often & his health deteriorates. A poor person generally dies an early death. So, all social evils are related to poverty.
Government Schemes to Remove Poverty
The government of India also took several measures to eradicate poverty from India. Some of them are – creating employment opportunities, controlling population, etc. In India, about 60% of the population is still dependent on agriculture for its livelihood. Government has taken certain measures to promote agriculture in India. The government constructed certain dams & canals in our country to provide easy availability of water for irrigation. Government has also taken steps for the cheap availability of seeds & farming equipment to promote agriculture. Government is also promoting farming of cash crops like cotton, instead of food crops. In cities, the government is promoting industrialization to create more jobs. Government has also opened ‘Ration shops’. Other measures include providing free & compulsory education for children up to 14 years of age, scholarship to deserving students from a poor background, providing subsidized houses to poor people, etc.
Poverty is a social evil, we can also contribute to control it. For example- we can simply donate old clothes to poor people, we can also sponsor the education of a poor child or we can utilize our free time by teaching poor students. Remember before wasting food, somebody is still sleeping hungry.
While Covid-19 continues to wreak havoc across the globe, a recent study suggests that the virus can infect the ear as well. The study, which was published in the scientific journal JAMA, was based on the autopsy carried out on three patients who died from Covid-19. The findings revealed the virus’ presence inside the middle ear and in the mastoid area of the head. The mastoid is a hollow bone behind the ear. The research was carried out with the team removing the mastoids from the deceased patients’ bodies and taking specimens from their middle ears. Mastoid specimens from two patients tested positive for SARS-CoV-2 . ‘Two of the 3 patients tested positive for SARS-CoV-2 virus in the mastoid or middle ear, with viral isolation from 2 of 6 mastoids and 3 of 6 middle ears.
Results for case 1 were positive for the right middle ear only. Case 2 had negative results for all samples,’ the study stated.
‘This study confirms the presence of SARS-CoV-2 virus in the middle ear and mastoid, with significant implications for otolaryngology procedures,’ it added.
The team calls for taking proper precautions to stop the spread of infection in patients visiting hospitals or during surgical procedures.
‘Droplet precautions (including eye protection and proper N95 level mask) are warranted for outpatient procedures involving the middle ear due to proximity to these potentially infectious spaces. Given the high asymptomatic rate of Covid-19 cases, caution is warranted for all elective ear surgery, and negative status by testing is indicated,’ the study stated.
Environmental Impact Assessment (EIA) is the process of assessing the likely environmental impacts of a proposal and identifying options to minimise environmental damage. The main purpose of EIA is to inform decision makers of the likely impacts of a proposal before a decision is made. EIA provides an opportunity to identify key issues and stakeholders early in the life of a proposal so that potentially adverse impacts can be addressed before final approval decisions are made.
EIA is not a way of allowing an environmental ‘veto’ on development proposals. Environmental considerations may be set aside in favor of other considerations including economic and other benefits of going ahead.
EIA is a structured approach for obtaining and evaluating environmental information prior to its use in decision-making in the development process. This information consists basically of predictions of how the environment is expected to change if certain alternative actions are implemented and advice on how best to manage environmental changes if one alternative is selected and implemented. Until relatively recently, with a few notable exceptions, EIA focused on proposed physical developments such as highways, power stations, water resource projects and large-scale industrial facilities. Slowly, but increasingly, its scope of application is expanding to include policies, plans and other actions which also form part of the development process.
Decision-makers are provided, by EIA, with information on the anticipated consequences of their choices. EIA is, therefore, a management tool with technical input, not a technical aid with ‘add on’ management aspects. This distinction is crucial to an understanding of the objectives of EIA and how it can best be implemented.
EIA has been in existence since 1970 (when it was introduced into the United States of America following the National Environmental Policy Act coming into effect) and has spread rapidly since then to all parts of the world. EIA is still relatively ‘young’ and the number of countries which use it, as a legal/administrative requirement, is still increasing. At the same time, EIA practice (and the techniques used) is evolving as experience has been gained on its utility in a wide range of development and geographic contexts.
The use of EIA has been formalized by the introduction of national laws and regulations and, in some cases, policies which establish systems of institutionalised procedures to ensure that all proposed physical development, expected to be environmentally damaging, is assessed prior to authorization and possible implementation.
Environmental Impact Statements are one part of a whole planning process that aims to protect the environment whilst economic development is occurring.
Few precaution, which needs to be taken while preparation of report of EIA are:
presentation should not be too complex or technical
Provide sufficient information about the project
Information base should be strong
Don’t forget to Omit the information
Include only relevant information
Presentation should be clear as per the targeted audience
Identification of adequate risk and its impacts
Identification of adequate indirect and far reaching impacts
Time constraints has to be kept in mind.
The fundamental components of an EIA would necessarily involve the following stages:
1.Screening to determine which projects or developments require a full or partial impact assessment study;
2.Scoping to identify which potential impacts are relevant to assess (based on legislative requirements, international conventions, expert knowledge and public involvement), to identify alternative solutions that avoid, mitigate or compensate adverse impacts on biodiversity (including the option of not proceeding with the development, finding alternative designs or sites which avoid the impacts, incorporating safeguards in the design of the project, or providing compensation for adverse impacts), and finally to derive terms of reference for the impact assessment;
3.Assessment and evaluation of impacts and development of alternatives, to predict and identify the likely environmental impacts of a proposed project or development, including the detailed elaboration of alternatives;
4.Reporting the Environmental Impact Statement (EIS) or EIA report, including an environmental management plan (EMP), and a non-technical summary for the general audience.
5.Review of the Environmental Impact Statement (EIS), based on the terms of reference (scoping) and public (including authority) participation.
6.Decision-making on whether to approve the project or not, and under what conditions; and
7.Monitoring, compliance, enforcement and environmental auditing. Monitor whether the predicted impacts and proposed mitigation measures occur as defined in the EMP. Verify the compliance of proponent with the EMP, to ensure that unpredicted impacts or failed mitigation measures are identified and addressed in a timely fashion.
Benefits:
EIA allows the likely significant environmental effects of a project tobe identified and to be avoided, remedied or minimised at an early stage.Nevertheless, the general public is often concerned about the possibility of unknown or unforeseen environmental effects of particular development. Where a planning application is accompanied by an ES the Planning Service will advertise the availability of the ES and take any representations about the likely environmental effects into consideration in making its decision. By making the information on the likely significant effects available, EIA can help allay fears created by a lack of information. Once EC (environmental clearance)is granted, for industries they may apply for CTE (Consent to establish) and CTO (Consent to Operate).
India begins the process of codification of its labour laws, a long-awaited and much-needed reform. India’s new Code on Wages, 2019 (“Code on Wages”) has been approved by both the Houses of the Parliament [4] and it is now awaiting Presidential assent in order to become law.[5]
This is the first in the series of four labour codes that have been proposed by the government and is expected to pave way for the other labour codes including the code on employee health and safety and social security.[5]
Once the effective date of the Code on Wages is notified, it shall subsume and repeal the following important labour laws:[5]
1) The Payment of Wages Act, 1936 (POWA)
2) The Minimum Wages Act, 1948 (MWA)
3) The Payment of Bonus Act, 1965 (POBA)
4) The Equal Remuneration Act, 1976 (ERA)
The Code on Wages shall regulate wage and bonus payments in all employments and aims at providing equal remuneration to employees performing work of a similar nature in every industry, trade, business, or manufacture. [5]
COVERAGE AND APPLICABILITY
The Code on Wages will apply to employees in the organized and un-organized sectors. While the Central Government will continue making wage-related decisions for employments such as railways, mines, oil fields, central public sector undertaking etc., the State Governments shall make such decisions for all other employments including for private sector establishments.[5]
Unlike the POWA which applied to only those employees who drew monthly wages of up to INR 24,000 (approx. US$ 340) and the MWA which applied only to scheduled employments, the provisions of the Code on Wages relating to payment of wages shall extend to all employees irrespective of their wage ceiling and type of employment.[5]
WHEN THE CODE ON WAGES, 2019 WAS ENACTED AND PASSED?
The Code on Wages, 2019 the enactment of which empowers the Centre to set a minimum statutory wage, expected to benefit over 500 million workers across the country, was re-introduced in Lok Sabha by the Minister of Labour, Mr. Santosh Gangwar, on July 23, 2019, and subsequently passed on July 30, 2019. [3]
After due deliberations on the suggestions received, the Committee furnished its report on December 18, 2018, incorporated with its various recommendations. [3]
Thereafter, it was passed by Rajya Sabha on August 2, 2019 and is currently awaiting the Presidential assent following which, it will become an Act of Parliament.[3]
“OBJECTIVE” OF THE CODE ON WAGES, 2019
The Code seeks to regulate and streamline wage and bonus payments in all the employment sectors where any industry, trade, business, or manufacture is carried out.
The central government will make wage related decisions for employment sectors, inter alia, railways, mines, oil fields, etc. and the state governments are to make similar decisions for all the other employment sectors.[3]
BACKGROUND
Presently, the provisions of both the Minimum Wages Act, 1948 and the Payment of Wages Act, 1936 are applicable only on workers falling below a particular wage ceiling, working in the Scheduled employment sectors. [3]
Many unorganized sector workers like agricultural workers, painters, persons working in restaurants and roadside food stalls, gatekeepers, etc., who previously did not fall under the cloak of the minimum wages, will get legislative protection of minimum wages after the Code becomes an Act.[3]
The Code is likely to be an improved and a more efficient version of the 2017 Bill as it incorporates many of the recommendations provided by the Parliamentary Standing Committee in their December 2018 report.[3]
The need for codifying and implementing a uniform labour legislation arose owing to the fact that currently, there are close to 12 different definitions for wages, which is one of the primary reasons for labour litigations in the country, and for inefficiency in the implementation of these legislations.[3]
NEW DEFINITION FOR WAGES UNDER THE CODE ON WAGES, 2019
The Code introduces a simplified definition for wages, which includes salary, allowance, or any other component expressed in monetary terms, but does not include, inter alia, bonus payable to employees or any travelling allowance.[3]
This new definition is expected to reduce litigation and enable easier and cheaper means of compliance for an employer. Establishments will further be benefitted as the number of registers, returns, forms, etc. can not only be filed and maintained electronically, but it is believed that by taking recourse to the applicable rules, all the statutory compliances can be comprised under a single template.[3]
ARTICLE 43 AND THE DEFINITION OF “LABOUR”
Article 43 of the Constitution of India states that, “The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities”. [3]
Under the Constitution of India, ‘Labour’ falls under the Concurrent List under the Seventh Schedule, where both the central and the state governments are competent to enact legislations.[3]
WHO SHALL SET THE STANDARD FOR MINIMUM WAGES BASED ON THEIR EMPLOYMENT UNDER THE CODE ON WAGES, 2019?
Presently, the state governments are empowered to set the standard for minimum wages, based on employment, in their respective states. With the introduction of the Code, the central government, to the exclusion of the state governments, will be empowered to fix a floor wage, keeping in mind the living standards of the workers. [3]
Moreover, different floor wages may be fixed for different geographical areas. The central government may consult the Central Advisory Board and the state governments to decide and set a favorable floor wage.
Thereafter, the minimum wages set by the central and the state governments, in their respective states, have to mandatorily be higher than the floor wage fixed. In case the existing minimum wage fixed by the central or the state governments is higher than the floor wage fixed, they cannot be reduced.[3]
NEW CONCEPT INTRODUCED: THE FLOOR WAGE
The concept of a floor wage was brought about to ensure a uniform standard of living across the country. Presently, differences observed in the minimum wages set out across states and regions are primarily attributed to the fact that the central and state governments set, revise and enforce minimum wages for the employments covered by them.[3]
The advent of a floor wage may aid in reducing these differences and provide a basic standard of living for all employees across the country, as the floor wage fixed by the Centre will no longer be based on employment, but on geography and skills.[3]
PROCESS OF FIXING MINIMUM WAGES
The process of fixing minimum wages has also been revisited while framing the Code. Under the Code, the employers are prohibited from paying wages less than the minimum wage fixed.[3]
This minimum wage will be fixed based on either the time consumed or the number of pieces produced i.e., the level of difficulty of the task undertaken or the skill of the workers involved, and will be notified by the central or state governments from time to time.[3]
This minimum wage rate fixed by the governments will be reviewed and revised periodically, at an interval of not more than 5 years in a stretch.[3]
OVERTIME WAGES
With reference to overtime wages, the Code provides for the central and state governments to fix the number of hours which would constitute a normal working day, and employees working in excess of a normal working day shall be entitled to overtime wages, which would be no less than twice the normal rate of wages payable to the respective employee. [3]
MODE OF PAYMENT
Payment of wages is to be made in coins, currency notes, by cheque, by crediting to the bank account, or through electronic mode, and the employer is responsible for fixing the wage period as daily, weekly, fortnightly, or monthly.[3]
SALARY TO BE GIVEN IN A TIME BOUND MANNER
The Code also ensures that the employee’s be given their salary on a timely basis by stating that employees in receipt of monthly payment will receive the same by the 7th day of the next month. Further, those employees working on a weekly basis will receive their salary on the last day of the week, and daily wagers, on the same day.[3]
HARMONY BETWEEN THE EMPLOYER AND EMPLOYEE RELATIONSHIP SHALL BE MAINTAINED BUT IN AN ENHANCED WAY
The Code, in order to maintain harmony in the employer-employee relationship, has subjected an employee’s wages for deductions, inter alia, on the grounds of fines, absence from duty, accommodation given by the employer, recovery of advances given to the employee, etc.
Further, keeping in mind the beneficial nature of the labour legislations, the Code caps the maximum deductions to up to 50 percent of an employee’s total wages.[3]
Under the Code, every employee whose wage does not exceed a specified monthly amount, as notified by the central and state governments, will be entitled to receive an annual bonus, aggregating to at least 8.33 percent of his/her wages or INR 100, whichever is higher.[3]
In addition to receiving bonus, the employer is mandated to distribute a portion of the gross profits amongst the employees, in proportion to the annual wages of the respective employee. An employee can receive a maximum bonus of up to 20 percent of his/her annual wages.[3]
GENDER DISCRIMINATION: A BY-GONE ERA IN THE NEW CODE
The Code also places strong emphasis on prohibition of gender discrimination in matters concerning wages and recruitment of employees for the same work or work of similar nature. [3]
“Work of similar nature” is defined as ‘work for which the skill, effort, experience, and responsibility required are the same, when performed under similar working conditions’. [3]
The definition further extends to state that if there are any differences in skill sets with respect to gender, they are not of practical importance in relation to the terms and conditions of the employment.[3]
ADVISORY BOARD UNDER THE NEW CODE ON WAGES,2019
Under the Code, the central and state governments are required to constitute advisory boards, who would advise the respective governments on various aspects including, but not limited to, fixing minimum wages, increasing gender-neutral employment opportunities, etc. [3]
The Central Advisory Board will consist of employers, employees (in equal number of employers), independent persons, and 5 representatives of state governments; and the State Advisory Board will consist of employers, employees (in equal number of employers), and independent persons; all the while keeping in mind that one-third of the total members in both the boards will be women.[3]
PENALTIES FOR OFFENCES
As minimum wages is regarded to be an integral aspect in the life of an employee, stricter compliance of the provisions is envisioned under the Code.
The Code now lays down penalties for offences committed by an employer, be it by way of paying less than the due wages, or for contravening any of the provisions under the Code. [3]
The extent of penalties differ according to the nature of the offence, with a maximum penalty set at imprisonment of up to 3 months and fine of up to INR 100,000. [3]
Further, with a view of providing appropriate and adequate relief to the claims of the employees, the limitation period for filing claims for minimum wages, bonus, and equal remuneration has been raised to 3 years.[3]
It is a widely accepted notion that India has a serious wages problem. Today, regular workers in urban sectors earn an average of INR 449 per day, 49 percent more than their peers in rural sectors, who take home an average of INR 300. Casual workers in rural sectors earn the least, at INR 138.[1]
Keeping in mind the glaring inequalities, a mandated minimum wage is a welcome step to streamline the employment sectors and reduce disparities.[3]
According to the Periodic Labour Force Survey 2017-18[2], 45 percent of the regular workers (people who are employed in a relatively stable, formal sector) are paid less than the minimum wage. [3]
MINIMUM FLOOR WAGE: A MUST UNDER THE NEW CODE
The Code mandates payment of a minimum floor wage for all workers, which will be universal across the country, and across all sectors. This would allow for wages to rise in the informal sector and would also serve as a stepping stone in addressing the gender based disparities. [3]
At present, women earn roughly 45 percent less than men in the same occupation. A universal floor wage would reduce the rural-urban gaps. Although there is little doubt that the implementation of the Code would uplift the employment sector, we still have a far way to go in ensuring that these provisions are enforced in accordance with the true intent of the legislature.[3]
COMPARISON OF THE PAYMENT OF BONUS ACT, 1965 AND THE CODE ON WAGES, 2019:
While the Equal Remuneration Act extends protective provisions in favor of women, the Wage Code has taken a gender-neutral approach by prohibiting discrimination on the ground of gender in matters relating to wages. [3]
1) Payment of Bonus: The Payment of Bonus Act applies only to employees earning less than INR 21,000. [3]
The Main Point of difference :
While Section 26(1) of the Wage Code stipulates that employees earning below the salary threshold to be notified by the state government, will be eligible for payment of bonus, Section 26(2) of the Wage Code provides that where the wages of the employee exceeds the notified salary threshold, the bonus payable to such employee shall be calculated as if his wage were such amount, so determined by the appropriate government or the minimum wage fixed by the appropriate government, whichever is higher. [3]
It may be noted that the state governments may, by way of a notification, exempt employees of any establishment from the application of the chapter relating to the payment of bonus, having regard to the overall benefits under any other profit-sharing scheme available in such establishments. [3]
2) Fixation of minimum wages and floor wages: For fixing minimum wages, the appropriate government shall primarily take into account the skill of workers and the arduousness of work. [3]
By foregoing ‘type of employment’ as one of the factors for fixation of minimum wages, over 2000 minimum wage rates existing as of today are expected to reduce to 300. [3]
Further, the Wage Code introduces the concept of floor wages, whereby the central government will fix floor wages taking into account the minimum living standards of a worker for different geographical areas. The minimum rates of wages fixed by the state governments will have to be not less than the floor wages fixed by the central government. [3]
3) Inspection: The Wage Code provides for randomized web-based inspections, and information relating to the inspection may be called for electronically. It is expected that this will reduce the potential for corruption and harassment that a physical inspection entails. [3]
4) Streamlining of procedural compliances: With the consolidation of the Payment of Wages Act, Payment of Bonus Act, Minimum Wages Act and the Equal Remuneration Act into the Wage Code, multiple filings, and maintaining multiple records and registers under each of the four legislations is reduced.[3]
5) Penalties: Non-payment of amounts due to an employee under the Wage Code is punishable with a monetary fine, which may range up to INR 50,000.[3]
Other contraventions are punishable with monetary fines, which may range up to INR 20,000 depending on the type of contravention. [3]
REPEAT OFFENSES CRIMINALIZED UNDER THE NEW CODE
The Wage Code criminalizes only repeat offenses, that is, when a similar offense is committed within five years from the date of commission of the first or subsequent offense, after conviction, in which case imprisonment and a higher penalty may be imposed. [3]
Before initiation of prosecution for the offenses under the Wage Code, the employers are to be given an opportunity, by way of a written direction to be issued by the Inspector-cum-Facilitator, to comply with the provisions of the Wage Code within a specified time period (provided it is not a repeat offense) and if the employer complies with such direction, no prosecution proceedings shall be initiated against the employer. [3]
This would come as a relief to employers as they are given an opportunity to cure any inadvertent non-compliances before initiation of prosecution.
The Wage Code also provides for compounding of offenses for which imprisonment is not prescribed as a penalty. [3]
6) Claims: The existing labor legislations prescribe six months to 1 year as a period of limitation for filing claims, and some are silent on the period of limitation. [3]
Under the Wage Code, employees may file claims at any time within a period of 3 years from the date on which the claim arises. The Wage Code also expressly provides for filing of a single application on behalf or in respect of any number of employees employed in an establishment, subject to any prescribed rules. [3]
The authorities to be appointed under the Wage Code for determination of claims are empowered to order payment of compensation in addition to the claim determined, which may be up to ten times of the claim determined.[3]
RELEVANT CASE LAWS OF EACH OF THE 4 ACTS MENTIONED ABOVE ARE AS FOLLOWS:
(A) Payment of Wages Act, 1936:- What are the rules that an employer should follow before deducting wages for damage or loss?[6]
An employer can deduct wages for damage or loss through Section 7(2)(c), which is authorised under the Act. According to Section 10 the employer shall not deduct the wages exceeding the amount of damage or loss of goods occurred due to neglect or default of the employee.[6]
Also, it is to be ensured that the employee had the custody of the goods which were so damaged. The employer is bound to give an opportunity to the employee for showing cause before deducting any wages.[6]
In M/S Rampur Engineering Co. Ltd. v. City Magistrate (AIR 1966 All 544) it was observed by Allahabad High Court that the deduction for loss of electric bulbs and tools that were given to the employees for their own personal use is a valid deduction. [6]
(B) Equal Remuneration Act, 1976:- A landmark case in the light of equal pay for equal work was the Judgment given by the Hon’ble Supreme Court in the case of Randhir Singh v. Union of India. [7]
Here, the Court adopted a sociological ideology and deviated from strict interpretation to liberal interpretation for the employees. [7]
The court, in this case, relied on ‘‘socialist’ as envisage in the Preamble to the Constitution in deciding the case, and it was held that the principle of equal pay for equal work was deducible from article 14 and 16 of the Constitution of India, may be properly applied to the cases of unequal scale of pay based on classification, though those drawing a different scale of pay do identical work under the same employer.” [7]
Here, the court observed that “equal pay for equal work” is deductible from Articles 14 &16, understood in the light of the Preamble and Art. 39(d). [7]
(C) Minimum Wages Act, 1948:-
Sanctity of the Act
It is a clear decision of the Supreme Court in their three rulings held that non-payment of minimum wages leads to “forced labour” which is prohibited under Article 23 of The Indian Constitution. ‘Forced labour’ can arise in many ways like hunger and poverty, want and destruction.[8]
In the case of Sanjit Roy Vs. State of Rajasthan, the Supreme Court has decided that ‘The Exemption Act in so far as it excluded the applicability of the Minimum Wages Act, 1948 to the workmen employed in famine relief work is “clearly violative” of Article 23.
Thus, even public works ostensibly initiated by the Government for the sole purpose of providing employment are subject to the Minimum Wage Act.[8]
(D) Payment Of Bonus Act, 1965:-
Case Law: Shashikant Janardan Pimpalpure Vs Development Corpn. Of Vidarbha
On 20 February, 1995 the Respondent No. 1 (Corporation) filed a reply to the application and contested the claim of the petitioner.
The respondent set up the defense that the petitioner was not an employee of the respondent Corporation, but was appointed in Carpet Weaving Center only and is on the rolls of that establishment only.[9]
According to the respondent Corporation, Carpet Weaving Center was totally separate and distinct from the Corporation and had no resemblance to the terms of employment of the employees of the respondent Corporation.[9]
The Corporation set up the plea that since the Carpet Weaving Center was a training center and an educational institution and has no profit motive, bonus was not payable under the Payment of Bonus Act.[9]
The Corporation also set up the defence that the said Training Center has not completed five years of service and on that ground under Section 16 of the Payment of Bonus Act, the employee is not entitled to the payment of bonus.[9]
The first and foremost question which requires consideration is, whether an application under- Section 33-C(2) of the Act of 1947 is maintainable seeking payment of minimum bonus under the Payment of Bonus Act. Admittedly, the petitioners are only seeking minimum payment of bonus under the Payment of Bonus Act.[9]
It is also admitted that before filing of the application under Section 33-C(2) of the Act of 1947, there was no order for payment of bonus to the present petitioner under the Payment of Bonus Act.[9]
Scope of Section 33-C(2) of the Act of 1947 is now well settled and does not require any debate. The right to the benefit which is sought to be computed under Section 33-C(2) must be an existing one and that is to say, already adjudicated upon or provided for and must arise in the course of and in relation to the relationship between the industrial workmen and his employer.[9]
CONCLUSION
The Wage Code is being hailed as a historic step towards labor reforms and ease of doing business in India without diluting any basic rights of employees. The Wage Code aims for enforcement of labor laws with transparency and accountability, and it is expected to reduce the cost of compliance for employers significantly. [3]
Amongst several benefits, the codification of labour laws shall remove the multiplicity of definitions and authorities, without compromising on the basic concepts of employee welfare and benefits. [5]
In a way, it would make it easier for employers to understand and thereby comply, and for the labour authorities to enforce the laws. Including the unorganised sector under the ambit of the Code on Wages and implementing a national level floor wage for minimum wages could end up becoming path breaking for a labour-intensive country like India. [5]
Encouraging digitization through introduction of web based inspection scheme, calling of information electronically for inspection, composition of offences etc. may also become a model for other ministries when it comes to enforcement. The ease of compliance is also expected to promote setting up of more enterprises catalyzing the creation of more employment opportunities. [5]
Thanks to the Code on Wages and other continuing efforts of the government, please expect a higher ranking for India in the next World Bank survey on Ease of Doing Business! [5]
WEBSITES REFERRED AND FOOTNOTES:
1) Tish Sanghera (2018), “Daily Wages in India Doubled in 18 Years, But Wage Inequalities Grow”, IndiaSpend.
2) Annual Report, PLFS 2017-18 (2019), Periodic Labour Force Survey (PLFS), National Statistical Office, Ministry of Statistics and Programme Implementation, Government of India.
You must have seen a video which got viral few days back where a boy was seen damaging the walls of a temple that is currently being built in Islamabad(Pakistan). Another example like this was where a five year old boy was seen warning the Pakistani Prime Minister Imran Khan that if he will allow the the temples to be built, he will “kill all the Hindus”. Imagine a five year child speaking in his childish voice and warning such higher authority which may seem funny, but on the other hand this is a very important matter for the society that some people of Pakistan are filling up their children’s mind with filth and not showing them the right way where they should treat everyone as equal irrespective of caste, colour, gender plus nationality. I do agree with some of the things that the conflict between India and Pakistan is never ending but at least we can try to change the minds of the youth who will take the country forward.
Let me begin with the actual story where the Pakistani Government has decided to release funds for the Hindu temple to be built in Islamabad. This decision was made for the Minority class- the Hindu’s in Pakistan who also have the right to worship God in the temples. This plan was committed in the year 2017 by Nawaz Sharif’s government but it got delayed due to some issues. This is not the first time where the government has taken such step, before this the government took many initiatives for Hindu pilgrimage like they renovated Katas Raj Temple– a buddhist temple for the Hindus to worship. The Government has also helped the Sikh community with building gurudwaras for them like The Peshawar Gurudwara and the Nankana Sahib in Sailkot which was renovated for the sikhs.
aljazeera.com
Well, all of these things are small stepping stones by the Government for the minority so that they can also live like normal people without the barriers of religion. But on the other hand some projects have been backlashed by the Muslims of Pakistan where in a recent example the Pakistani government was planning to celebrate the legacy of Maharaja Ranjit Singh with statue, but it ended up causing a controversy on social media and in less than two months the statue was vandalised by the people. How will the country progress like this where the people are still not agreeing to some basic terms of accepting their fellow citizens as equal, building a temple or a gurudwara will never harm the other religion in fact all of these initiatives will bring the conflicts to an end. I am not saying that we Indians are the best and we don’t do such things, we are still facing major conflicts between Hindu and Muslim and there is no other solution to bring an end to this but there are Gurudwaras, Temples, Mosque and Church which are built together on the same lane and people respect that.
But why are these issues still arising, why can’t the soldiers just guard the country peacefully? The major reason for this is ‘Education‘ where the children are taught some facts which are against Hindus and Muslims, the facts which are putting them apart instead of living in tranquility and in harmony. The youth is being taught the wrong subjects with wrong facts and the society is also playing a major role in this, where they term minority people with funny names, where they are always referred to as a ‘minority class‘ instead of terming them as equal citizens.
All these examples and statements are not to hurt anyone be it from any religion or country. Building a temple or a gurudwara or even a mosque will never help the people to understand and have respect for the other religious sentiments, but education is and will be the only factor to bring everyone together and to treat everyone as equal, not becoming religion bias.
“My religion is ver simple, my religion is Kindness.” -Dalai Lama
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