by IJLMH | Nov 1, 2020
It is unfortunate that even in the 21st century the knowledge about menstruation is quiet little. The people in the society still consider it to be dirty, unholy and unclean. Today, unfortunately it is only a very small percentage of the society that discusses about periods openly. Women from the past few decades have entered the workforce and many young women are still entering and building up their carrier. After struggling for centuries, women are now getting opportunities in various fields of their interest. But even today, a concept like period leave has not been implemented through the laws. It is important for the people to understand the need of period leave. The period leave would benefit the women health wise. Now, the common mistaken fact is that, the period leave would affect the development of the organization and the country economically. Here it is important to understand that developed countries like Japan, have already implemented period leaves through its labor laws few decades ago and it has not affected the development or economy of the country. The Indian Constitution also guarantees that the state can make necessary provisions for the benefit and upliftment of women.
There are some misconceptions about the period leaves that, it would stigmatize periods. Implementation of period leaves would rather remove the taboo on Periods. Women who because of painful periods are taking leave under sick leave can now openly and confidently take leave for periods. Menstruation is not a sickness. Although the policy has certain loopholes like, whether the period leave taken is genuine or not or is being missed by the employee. Definitely, the employer would require to find out solution regarding the same. The legislature in the year 2017 had introduced Menstrual Benefit Act, 2017, however it is still pending in the legislature. Such statutes should be drafted in a way that it fills all the loopholes and turns out to be beneficial for women and transgender as well as the employers.
by IJLMH | Nov 1, 2020
“Beginning in the 1800s with the Industrial Revolution, when women started to go into the formal workforce, leaving working at home to working in factories, countries realized they needed to do something. And they started to pass paid maternity leave” – Jody Heymann.
Maternity Benefit is one of the essential concepts in case of a working woman. Motherhood is an important and a challenging job which could be done only by women. In the modern world many women have started to go for work and it is essential to provide them with maternity leave so that they could take care of their children and also their health. The Maternity Benefit Act was passed in 1961 to provide various benefits to women that includes paid maternity leave and maternity leave up to 12 weeks. In March 2017 Central Government had amended the Maternity Benefit Act thereby making some changes to the original Maternity Benefit Act, 1961. In this Article the author would like to state the object behind providing maternity benefit and then going through The Maternity Benefit Act, 1961 and then describing about the Maternity Benefit (Amendment) Act, 2017 with its advantages and disadvantages.
by IJLMH | Nov 1, 2020
The need for state involvement in matters of international trade is indispensable. Without the intervention of the state, the ability of parties who belong to different legal systems to enter into contract, keeping in mind a plethora of cultural, linguistic and religious differences, is utterly hindered. Especially when taking into consideration, the growth of international trade and the lack of a forum that is unaffected by borders, the question of deciding the appropriate Lex Causae arises.
Yet even so, private entities have dealt with these problems without the intervention of the government. This practice by private entities holds its ground as a crucial element for the growth of international private law. The practice is referred to as ‘Lex Mercatoria’, or merchant law.
As time progressed, the relevance of Lex Mercatoria has changed. However, the scope of the applicability and importance of Lex Mercatoria can be used as a catalyst for change in matters regarding international trade laws and hence the importance of studying Lex Mercatoria for seeking reforms in international trade cannot be disputed.
by IJLMH | Oct 27, 2020
Manual scavenging is an unclean work in which humans are engaged to clean or dispose of waste including human excreta. Manual Scavenging still exists in India. They are engaged in cleaning work under the authority of corporations, municipalities and railway administration nowadays. The various programmes had been launched by our Indian government to eradicate the manual scavengers as well as to rehabilitate manual scavengers. The humans still carry out basic sanitation works in rural and urban areas. Even though various steps had been taken to eradicate these types of practice, it is still in vain. There are several obstacles in the way of eradication and rehabilitation of manual scavengers in the name of caste, illiteracy, poverty, unawareness etc. There is no proper implementation of the acts relating to manual scavenging in Tamil Nadu for eradicating these types of practices. The eradication of manual scavenging is still the continuing challenge. No one should be forced to do manual scavenging as well as there should not be any discrimination relating to work otherwise it shall be treated as violation of human rights and constitutional right of a manual scavenger. Manual scavenging is a grave social evil, in violation of human dignity and all principles of decent work. Manual scavenging represents some of the worst surviving forms of both caste discrimination and dehumanizing forms of work. The study is to analyse the problem in eradication of manual scavenging in Tamil Nadu.
Keywords: Manual Scavenging, Discrimination, Rehabilitation, Eradication, Violation, Human Dignity
by IJLMH | Oct 26, 2020
The global coronavirus pandemic has affected almost every part of the human domain around the globe. It has taken countless lives and changed livelihood of many. What came as a boon from the app for India was the excess need for the implementation of the Data Protection Bill. A lot of countries brought forth contract tracing app as a strategy to tackle the pandemic and following the footsteps India too brought such an app called “Aarogya Setu” meaning bridge to health. The app was brought under the National Disaster Management Act, 2005 which works as an umbrella clause for the government to take action in times of pandemic and national disasters. The paper discusses the legal framework behind the app and the loopholes surrounding the same. There have been various privacy concerns in relation to the app such as use of Bluetooth and GPS, liability clause, data breach to name a few which are further elaborated. Justice Srikrishna headed the committee to draft the Data Protection Bill, 2018. A critical viewpoint of Justice Srikrishna has also been discussed in the paper. Once the pandemic is over what will be the aftermath of the app?, whether the app is a result of an executive action or a legislative one?, is the app in consonance to the provisions of the IT Act and the Data Protection Bill?, are countries implementing a similar approach? Are some question which are addressed in the further segment of the paper. The paper ends with some conclusion and recommendation which can be brought forth thus instilling a trust factor in the citizens of the country.
by IJLMH | Oct 26, 2020
Manual scavenging is an unclean work in which humans are engaged to clean or dispose of waste including human excreta. Manual Scavenging still exists in India. They are engaged in cleaning work under the authority of corporations, municipalities and railway administration nowadays. The various programmes had been launched by our Indian government to eradicate the manual scavengers as well as to rehabilitate manual scavengers. The humans still carry out basic sanitation works in rural and urban areas. Even though various steps had been taken to eradicate these types of practice, it is still in vain. There are several obstacles in the way of eradication and rehabilitation of manual scavengers in the name of caste, illiteracy, poverty, unawareness etc. There is no proper implementation of the acts relating to manual scavenging in Tamil Nadu for eradicating these types of practices. The eradication of manual scavenging is still the continuing challenge. No one should be forced to do manual scavenging as well as there should not be any discrimination relating to work otherwise it shall be treated as violation of human rights and constitutional right of a manual scavenger. Manual scavenging is a grave social evil, in violation of human dignity and all principles of decent work. Manual scavenging represents some of the worst surviving forms of both caste discrimination and dehumanizing forms of work. The study is to analyse the problem in eradication of manual scavenging in Tamil Nadu.
Keywords: Manual Scavenging, Discrimination, Rehabilitation, Eradication, Violation, Human Dignity
