Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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Working of Employees State Insurance Scheme in the State of Jammu and Kashmir: An Empirical Study
Get PDFThe Employees’ State Insurance Act (ESI Act) 1948 is a social welfare legislation which aims at bringing social and economic justice to poor labour class of the land. Its main purpose is labour welfare. But the labour welfare is an elastic term bearing somewhat different interpretation in one country from another according to different social customs, the degree of industrialization and the educational development of the workers. Investigation committee of the Government of India has preferred to include under welfare activities anything done for the intellectual, physical, moral and economic betterment of workers whether by employer’s, by government or by other agencies, over and above what is laid down by law or what is normally expected as a part of contractual benefits for which workers have bargained. Labour welfare is a very comprehensive term and includes everything undertaken by the state, employers and association of workers for the improvement of workers’ standard of living and the promotion of their social and economic well-being. These welfare activities need to be considerably extended so as to cover workers of every factory, industry, mines, plants and communication etc. A definite minimum standard of welfare should be laid down, which has to be observed by all employers. While the insured workmen avail of the pecuniary benefits allowed under the Act in the form of sickness, maternity, disablement and dependents benefit, the extension of medical aid and health insurance is still in a state of infancy. The establishment of well-equipped hospitals for ready medical facilities to workmen is a far off cry. Likewise, maternity and dependent benefits have proved to be ineffective. Similarly, the benefits under the Act have not been extended to seasonal factories which are, by and large scattered in the rural areas. Such an extension is vitally connected with the rural health scheme in the country as a whole. Unless the living in rural areas is not only improved but is made attractive and safer with a better prospect to live and develop their faculties, any health scheme on nationwide basis would be an exercise in futility. It is time to have a rethinking over the economic and development planning in the country. For this purpose, planning has to be in keeping with the flora and fauna of the country and to our cultural inheritance. For proper implementation of social security schemes, including those provided under the Act, a proper education-programme and consciousness in the society as a whole is necessary. Coupled with this is the active cooperation of industrialists, trade unionist and humanitarian based cadre of government employees. In the present empirical study, an attempt has been made by the researcher to analyze the working and implementation of Employees State Insurance Scheme (ESI) in the State of Jammu and Kashmir and to formulate solutions to certain key areas.
 
A Critical Study of Challenges of Para-Legal Services in India
Get PDFIn present scenario, the Para-Legal Services are having the most specific place in administration of justice for the economic weaker, other disable and vulnerable sections of people to get the justice so the Para-Legal Services are the solution for several problems of above said persons as a panacea but many obstacles, difficulties and hindrances are in existence on the way of implementation of Para-Legal Services hence this research paper has been focused or emphasized on the challenges of Para-Legal Services which reveal the required solution or diagnosis remedies and suggestion or other relevant things with respect to Legal and Para-Legal Services for the delivery of Justice in administration of Justice which is useful, beneficial & helpful for research scholars, students, Professors, teachers, institutions or organizations or establishments, commissions, governments, NGOs, trusts, Colleges, Universities, person individually or group, society and other required persons relating to conduct research & do the needful according to requirements, time & circumstances
Physical and Psychological Turmoil in Assisted Reproductive Technology
Get PDFSurrogacy is an option for those who cannot conceive in a traditional manner. Due to high costs and a number of legal and moral issues that may come up, Surrogacy is a widely debated method of bringing a baby into the world. In this paper the researcher has tried to enlighten the readers with the darker side of Surrogacy. The medical procedures followed in Surrogacy are of very complex and intruding nature. The Fatal effects of Surrogacy on the health of Surrogate and the surrogate child are elucidated comprehensively in the Paper. While conceiving a baby through the use of a Surrogate mother does pose potential problems, it remainsas a viable option for those who have no other means of experiencing parenthood. Infertility, old age or the absence of a partner can hinder the growing desire to become a parent. Through Surrogacy, couples with health problems or the general inability to conceive still have the option of experiencing the joy of creating new life. It also allows single fathers or alternate lifestyle couples the chance to have a baby of their own without going through the adoption process
Awareness level towards the Rights among Scheduled Caste in Tumkur District
Get PDFIndian society is stratified based on the caste system that classified people by their occupation and status. “Each caste had a specific place in the hierarchy of social status. Inclusive growth assumes that all social groups have equal access to the services provided by the state and equal opportunity for upward economic and social mobility without any discrimination against any particular section of Indian Society. Indian constitution made provision to inclusion of all the weaker sections. The present study is aimed at find out the awareness level towards the constitutional provisions and their utilization among the scheduled caste people in Tumkur district. Descriptive research design was adopted and 500 respondents were selected as sample by using purposive sampling technique. Both primary and secondary data was used. The data is analyzed and interpreted by using simple statistical method. The study found that majority of the respondents was not aware of their rights
The Dominion Status of India
Get PDFAn attempt is made in this article about the dominion status of India in pre- independence era. The insecurity and lack of status have a disastrous effect on the whole system of the country. It was no wonder that it has been the root of all social, political and economic problems in past and present times. The primary purpose of dominion status is to develop the social, political and economic growth of the citizens within the territory of India. The dominion status of India relating to the constitution needs more viable to establish a responsible Government and vigilant society. At present we need to have a fresh look towards the dominion status of Pre-Independence India and to transform India into a harmonious, developed and federal nation. This is nothing wrong if we make a new constituent assembly to decide the present and future fate of India from its dominion status. Any changes made in past will not be destructive but constructive so far as our national unity is concerned. This article is useful for academicians, research scholars and general public
A Critical Study Of Electoral Corrupt Practices As A Major Threat To Democracy
Get PDFIn Westminster pattern of democracy government is of the people for the people and by the people. It is a continual participative operation, not a cataclysmic, periodic exercise. The citizen in his multitude, marking his vote at the poll does an audit of his Parliament plus political choice of his proxy. Although the full flower of participative Government really blossoms, the minimum credential of popular Government is appeal to the people after every term for a renewal of confidence. So we have adult franchise and general elections as Constitutional compulsions. The right of elections is very essence of the Constitution. It needs little argument to hold that the core of the Parliamentary system is free and fair elections. Periodically held, based on adult franchise, although social andeconomic democracy may demand much more
Indian Constitutional Framework for Commerce and Its Awareness Among Commerce Students
Get PDFThe Constitution of India is the supreme law of India. It is a living document, the permanent instrument which makes the government system work. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles and the duties of the citizens. The awareness of the constitutional provisions among the citizens of our country is very essential since, it makes the individuals more responsible towards the country. The Indian Constitutional Framework for Commerce deals with the provisions and regulations related to trade, commerce and intercourse within the territory of India. Awareness of such constitutional provisions among the commerce students have been tested by the investigators. For the purpose of the study, the investigators used both primary and secondary data. An awareness test has been conducted in order to test the awareness of the students related to the Indian Constitutional Framework for Commerce
Appointment of Comptroller and Auditor General (CAG) of India: A Legal Analysis
Get PDFCAG has constitutional mandate to audit the accounts of Union and States and is to submit audit reports to Parliament and State assemblies to ensure that executive is accountable to legislatures on public finance management. In the backdrop of recent indigestible reports divulging massive plundering of public funds and resources, the article focuses on what procedure needs to be adopted by the Executive to select the CAG who has duty and powers to question wisdom of the government in expenditure management. The paper also examines what could be the selection method to appoint CAG so that one is able to function towards constitutional responsibility without favour and fear. This article explores whether there exists an explicit and transparent system forappointing the CAG and whether that system facilitates one to remain non-partisan and independent eliminating ‘conflict of interest’ and ‘obligations of reciprocity’, and furthermore, as well, examines the needs for constitutional amendments and other legislative changes in the relevant laws
Child Abuse: Constitutional and Legal Protection in India
Get PDFIndia has made sufficient provisions in its Constitution and legislation to stop the child abuse but in spite of all these Indian children are in need of care and protection. In a country like India with its multi- cultural, multi ethnic and multi religious population, the problem of child abuse is immense as in such groups the most vulnerable section is always the children. This study looked at different forms of child abuse: Physical Abuse, Sexual Abuse, Emotional Abuse and Girl Child Negligence with the available safeguards in our Constitution specially Articles 21, 23 and 24 and National Policies and Legislations to address child rights. This study also has an overview on the different schemes and plans available to address the child abuse
Basic Structure of Federalism And Its Interplay With India’s Obligation To Abide By International Law
Get PDFA lot has been debated upon the nature of federalism in India. A few consider it quasifederal, few consider it federal and a few others consider it federal with a centralizing tendency. India\u27s obligation to abide by the International law is one of the pointers that have led to the debate of the state not being an independent unit in the Indian federal system. Federalism in India would be discussed with reference to India\u27s obligation in the International order with special mention to TRIPS (Trade Related Aspects of Intellectual Property Law). Obligations under TRIPS had led to the amendment of the Patent Act which has impacted the agricultural and pharmacy sector both of which fall within the ambit of the State unit and not the Center. Whether India’s obligation under Trade Related Aspects of Intellectual Property Rights (TRIPS) usurps the power from states that they are entitled to have under the Constitution of India? On the other hand, noncompliance with the State\u27s International obligations would tarnish the image of the State in the global order due to violation of the principle of Pacta Sunt Sevaranda. This article critically analyses India\u27s treaty-making power under the Constitution and stresses on the need for the procedure to be compliable with the principle of federalism by incorporating the State units in the treaty- making process