-The Indian Express A blanket suspension of labour laws, as has been in the case of UP, however, may not find favour, with the Centre leaning towards putting caveats in order to protect the rights of bonded labour, children and women. With at least 10 states moving to amend their labour laws ahead of restarting economic activities post the COVID-19 lockdown, an overhaul in the central labour laws is being seen in...
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Equal freedom and forced labour -Gautam Bhatia
-The Hindu The steps being taken by States, under the cover of COVID-19, of removing labour laws are grossly unconstitutional Soon after Independence, while the Constitution of a free India was being drafted, Dr. B.R. Ambedkar, the chairperson of the Drafting Committee, was asked to prepare a note on the idea of Fundamental Rights. In a terse document, B.R. Ambedkar observed that thus far, the purpose of Constitutions had been to limit...
More »Labour Law Reform: Was a Sledgehammer Needed When Employment Itself Is Uncertain? -EAS Sarma
-TheWire.in While most of the laws may not be strictly enforced, does that justify doing away with them completely? In the last week, several important labour laws, meant to safeguard the welfare of the workers and ensure industrial safety, have been “suspended” for a few years in Uttar Pradesh, Madhya Pradesh and Gujarat. Although the orders put out by each state government have their own tweaks and variations, these decisions collectively come with...
More »Migrant Workmen Act, 1979, must be rationalised to remove requirements that disincentivise formalisation -KP Krishnan, Anirudh Burman & Suyash Rai
-The Indian Express The Act was enacted to prevent the exploitation of inter-state migrant workmen by contractors, and to ensure fair and decent conditions of employment. The fallout of the lockdown in order to reduce the spread of COVID-19 highlights the urgent need to rationalise the legislative framework for labour in India. Migrant labour has been among the worst affected due to the lockdown. Their efforts to leave the cities before the...
More »Visakhapatnam gas tragedy: NGT cites obsolete law in gas leak case -Krishnadas Rajagopal
-The Hindu Principle of ‘strict liability’ was made redundant in 1986 The National Green Tribunal's order on Friday in the Visakhapatnam gas tragedy found LG Polymers prima facie liable under the 19th century English law principle of “strict liability”, which was made redundant in India by the Supreme Court in 1986. Lawyers say the term “absolute liability” should have been used instead. Even though the NGT directed the company to deposit an initial...
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