by IJLMH | Jul 1, 2020
Conflict is intrinsic to labour relations and also forms the basic structure of labour law. The transnational solution for labour conflicts has an extremely important role to play in this globalized era, to national frameworks, for the most part in the present setting of globalization and trans-nationalization, of modern relations. For this reason, the International Labor Organization (ILO), an organization of transnational work clashes guideline and a directing substance of center work.
Industrial harmony is an integral part of progress, especially in developing countries. This is needed to maintain a suitable work-life balance and vital to the survival of the economies. There cannot be any unilateral imposition by the employer or the union on the employee. This will in turn disregard the cordial industrial relations.
International Labour Organizations aims at solving the above mentioned disputes. They have tried setting out some minimum standards that need to be abided by most of the organizations around the globe for better experience at the workplace. The member states needs to adopt the guidelines mentioned by ILO for better sustainability in the long run.
This paper is aimed at highlighting the definition of International Labour Law, the various sources from where it has come into existence, the International Labour Standard- its creation and the Australian ratification. Lastly, the paper discusses about the Indian Labour laws and how they aim at protecting the livelihood of people. Keywords: Labour laws, conventions, ratifications, ILO NORMLEX, decent and productive work.
by IJLMH | Jul 1, 2020
Medical negligence has always been one of the serious issues in India. Our experiences tell us that Medical Community, one of the noblest professions, is not immune to negligence which at times results in death, deficiency in service provided, mental pain, agony, frustration and disappointment death or culminates into another misery. There are cases wherein most incompetent or under-educated doctors, on their volition, have made prey the innocent patients. The magnitude of negligence or deliberate conduct of the medical professionals has repeatedly led to litigation.
The case study aims to analyze the concept of negligence in medical profession.
by IJLMH | Jul 1, 2020
The strife of Naxalism has been a consistent threat to Indian internal security. Their opposition to the State has been mired in their violent means and repressive strategies to counter the counter-terrorism efforts of the paramilitary forces. This paper aims to provide an overview of their motivations and the threat posed by them to safety and security of the distressed rural hinterlands they have captured to grow the expanse of their movement.
by IJLMH | Jul 1, 2020
As it is being said that justice delayed is justice denied and justice hurried is justice buried with keeping this view in mind, the concept of alternative dispute resolution emerges in India. Alternative dispute resolution is the most effective and efficient process in resolving disputes between the parties by providing cost less and speedy trial. But with the expansion of alternative dispute resolution the issues pertaining to it are also emerging. Despite the amendment of arbitration and conciliation act in 2019, there is still no such provision of a forum where parties can go and challenge it. The same arbitrator gets appointed when challenged. The party has to wait to challenge in court till the delivery of the award by the arbitrator. The other challenge is when the arbitral award appealed to the supreme court of India, the efficacy of time and cost still not declined. At various levels the arbitration gets stuck up in court due to court drafting and ambiguous language. To promote the settlement of disputes between the parties there are various alternatives such as mediation, conciliation, negotiation and lok adalat, these resolutions have been proven effective but efficient gains from these proceedings are very low as compared to arbitration and is rarely being practiced in the Indian market. This paper will discuss the proliferation of emerging issues arising in alternative dispute resolution. It will also focus on various ways on how these issues can be resolved.
by IJLMH | Jul 1, 2020
Environmental Jurisprudence has achieved a lot in India due to the efforts of the Courts as well as due to the concerted efforts of various individual citizens to enforce fundamental rights in the direction of environment protection and development. Apart from the changes in the Constitution, a vast number of enactments have also contributed towards creating a clean and healthy environment. This paper analyses the history and evolution of environmental jurisprudence and the importance of the constitutional provisions in the development and furtherance of the object of environmental jurisprudence. The implications of the Bhopal Gas Tragedy were far reaching which alerted the Government as well as the public authorities towards the risks attached with rapid industrialization. The need of today is effective governance which is free from corruption and unnecessary complications which go with it. India achieved a great and far reaching leap with the insertion of the provision related to environment protection with the 42nd Amendment. The areas covered under the Directive Principles for environment protection has been a step forward for the country. The directive principles and fundamental rights are supplementary and complimentary, in the sense that they go hand in hand with each other to preserve the environment. This paper seeks to bring forth the major role the Courts have had to play in protecting the environment by invoking necessary provisions of legislative enactments, especially when the need of the hour demanded the protection of our environment.
by IJLMH | Jul 1, 2020
“Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people” – Harry Emerson Fosdick. Elections form a very important aspect of a representative democracy of India. The election process in India is still in a developing state. It needs many changes and the Election Commission with a thinktank in place, should periodically suggest the needed reforms. Although as the world’s largest Democracy, India has the most crucial types of election laws required but are they enough with the continuous evolution and growing structure of the country ? Are those laws apt for the majority of the population of India with their being more than 1.3 billion people being a part of the Country? From as small as the inkling of the vote to the Electronic Voting Machine, everything must be scrutinized thoroughly. To consistently bring more and more people to vote each election, India should build an efficient process that aims to support and make the democracy stronger and superior. The conduct of election in India requires huge amount of security management. Slouching down to low levels and engaging in misconduct, especially in a country like ours is quite facile. Nevertheless, it is the duty of the Election Commission to keep the process of election independent of any influencing force or factor.
